The Riverside Police Officer’s Association
and
The City of Riverside
Memorandum
Of
Understanding
Supervisory Unit
December 2, 2016January 1, 2022 - December 31, 20213
MEMORANDUM OF UNDERSTANDING BETWEEN
THE REPRESENTATIVES OF MANAGEMENT FOR
THE CITY OF RIVERSIDE
AND
RIVERSIDE POLICE OFFICERS' ASSOCIATION
(POLICE SUPERVISORY UNIT)
PREAMBLE
The purpose of this document is to set forth the full terms and conditions of employment for the Police Supervisory Unit for the term of December 2, 2016January 1, 2022 through December 31, 202 13. This consolidated Memorandum of Understanding is entered into with reference to the following facts:
Representatives of Management for the Cit y of Riverside (her eafter "City") and representatives of t he Riverside Police Officers' Associat ion (hereafter "Association" or "RPOA") have met on a number of occasions and have conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of non-manag ement employee-members in the Police Supervisory Unit represented by the Association.
TABLE OF CONTENTS
ARTICLE 1 RECOGNITION CLAUSE
ARTICLE 2 PAY PRACTICES
SECTION 2.1 GENERAL PAY
2.1.1 Sergeant increases equal to Police Unit
SECTION 2.2 STEP PROGRESSION
SECTION 2.3 EDUCATIONAL INCENTIVE
2.3.2 Intermediate Certificate
2.3.3 Advanced Certificate
SECTION 2.4 BILINGUAL PAY
SECTION 2.5 ASSIGNMENT PREMIUM PAY
SECTION 2.6 FIELD TRAINING OFFICER (FTO) PREMIUM PAY
2.6.1 FTO Sergeant premium pay for program assignment
2.6.2 FTO Sergeant prem ium pay for training trainee
SECTION 2.7 SHIFT DIFFERENTIAL
2.7.1 Police Sergeant Shift-Diff pay
2.7.2 Assignments to watches not special assignments
2.7.3 Motors, Metro, and PACT included
SECTION 2.8 ACTING WATCH COMMANDER
SECTION 2.9 DEFERRED COMPENSATION
SECTION 2.10 TUITION REIMBURSEMENT
SECTION 2.11 SERGEANT’S PATROL PREMIUM
SECTION 2.12 SERGEANT’S CANINE INCENTIVE PAY
SECTION 2.13 REOPENER ON LONGEVITY PAY
ARTICLE 3 HOURS AND OVERTIME
SECTION 3.1 PAYMENT FOR OVERTIME
3.1.1 Modified Duty Medical Appointments
SECTION 3.2 4-10 PROGRAM
3.2.1 Meal Periods
3.2.2 Exclusions
SECTION 3.3 COMPENSATORY TIME
3.3.1 Banking overtime hours is at the election of the employee
3.3.2 Comp time cap
3.3.3 Comp time cash out
3.3.4 December pay down
SECTION 3.4 COURT TIME
3.4.1 2 hour minimum
3.4.2 2 hour minimum when more than 1 hour before shift
3.4.3 Overtime pay beyond two hours
3.4.4 Court overtime less than 1 hour before shift
3.4.5 Court overtime that extends beyond regular shift
3.4.7 Moreno Valley Court
SECTION 3.5 ON-CALL
3.5.1 On-Call pay rate
3.5.2 On-Call response within 60 minutes of notification
3.5.3 On-Call pay for Sergeant’s who have subordinates on call SECTION 3.6 SHIFT CHANGE
SECTION 3.7 TEMPORARY ADJUSTMENT OF HOURS AND DUTIES
ARTICLE 4 GENERAL PERSONNEL PROVISIONS
SECTION 4.1 SERGEANT PEER INVESTIGATIONS PROHIBITED
SECTION 4.2 TAKE HOME CARS
SECTION 4.3 SERGEANT CALLED IN FOR WORK MEETING
SECTION 4.4 UNIFORMS
4.4.1 City to provide uniforms and safety equipment
4.4.2 SWAT gear provided
SECTION 4.5 SPECIAL ASSIGN MENT/COLLATERAL DUTY
4.5.1 Special Assignment
4.5.2 Reopener on compensation for Collateral Technical Services Unit for Sergeants
SECTION 4.6 REOPENER ON REST ORATION OF POSITIONS/PATROL
STAFFING
ARTICLE 5 LEAVE PROVISIONS
SECTION 5.1 HOURS PER PAY PER IOD ACCRUAL FOR SICK LEAVE SECTION 5.2 FAMILY SICK LEAVE
SECTION 5.3 SICK LEAVE PAYOUT
SECTION 5.4 BEREAVEMENT LEAVE
SECTION 5.5 MILITARY LEAVE
SECTION 5.6 LEAVE OF ABSENCE
SECTION 5.7 RELEASE TIME
SECTION 5.8 ADMINISTRATIVE TIME
ARTICLE 6 VACATION
SECTION 6.1 POLICY
SECTION 6.2 VACATION SCHEDULE
SECTION 6.3 ANNUAL VACATION BUY DOWN
SECTION 6.4 VACATION INCENTIVE
SECTION 6.5 LEAVE APPROVAL
ARTICLE 7 HOLIDAYS
SECTION 7.1 HOLIDAYS OBSERVED
SECTION 7.2 ELECTION DAY NOT A HOLIDAY
SECTION 7.3 OBSERVA NCE OF HOLIDAYS
7.3.1 Uniformed Services
7.3.2 Non-Uniformed Services
SECTION 7.4 HOLIDAY TIME CREDIT
7.4.1 Holiday day off
7.4.2 Holiday bank
ARTICLE 8 EMPLOYEE INSURANCE
SECTION 8.1 MEDICAL / DENTAL
8.1.1 Medical / Dental premium amounts paid by City
8.1.2 Contribution amounts for medical and dental
8.1.3 City discontinuance of health insurance plans
8.1.4 Contributions do not apply to third payroll in any one month SECTION 8.2 LIFE INSURANCE
SECTION 8.3 LONG TERM DISABILITY
8.3.1 City contribution
8.3.2 Sergeant’s choice for LTD or Deferred Comp
SECTION 8.4 HEALTH INSURANCE STIPEND
ARTICLE 9 RETIREMENT
SECTION 9.1 RETIREMENT PLAN
9.1 City to pay employee contribution to PERS
9.1.2 One year highest compensation
9.1.3 Final year 9% bump
9.1.4 3% @ 50
9.1.5 1957 Survivor Benefit
9.1.6 1959 Survivors Benefit
SECTION 9.2 DEFERRED COMPENSATION
SECTION 9.3 HEALTH INSURA NCE COVERAGE FOR RETIREES
9.3.1 Reopener on retiree health insurance
SECTION 9.4 RETIREE HEALTH INSURANCE FUND (2006 Plan)
9.4.1 City contribution amount Sept. 2006 to Dec. 2007
9.4.2 City contri bution amount Jan. 2008
9.4.3 Benefit qualifications
9.4.4 Audit
SECTION 9.5 RETIREE HEALTH SAVINGS PLAN (meet and confer) ARTICLE 10 ATTENDANCE AT TRAINING OR SCHOOLS
SECTION 10.1 ADO WITH 28 DAYS NOTICE
SECTION 10.2 ADO SCHEDULING
SECTION 10.3 OVERTIME FOR UNUSED ADO’S
SECTION 10.4 28 DAY WORK PERIODS IDENTIFIED
SECTION 10.5 FAILURE TO PROVIDE 28 DAY NOTICE
SECTION 10.6 28 DAY NOTICE WAIVER
SECTION 10.7 MEET AND CONFER WAIVER
SECTION 10.8 ADHERENCE TO PROVISIONS
ARTICLE 11 TRANSFERS WITHIN THE DEPARTMENT
SECTION 11.1 MEET AND CONFER REGARDING TRANSFER POLICY
ARTICLE 12 RECLASSIFICATION
ARTICLE 13 PERFORMANCE EVALUATIONS
ARTICLE 14 DRUG TESTING
ARTICLE 15 REPLACEMENT OF PERSONAL ITEMS
15.1 Reimbursement fo r lost / stolen items
15.2 Required for job but not provided
15.3 Items lost or damaged on duty
15.4 Not to exceed $100 per year
15.6 Does not apply to weapons or vehicles
ARTICLE 16 GREIVANCE PROCEDURES
SECTION 16.1 PURPOSE
SECTION 16.2 DEFINITION
SECTION 16.3 POLICY
SECTION 16.4 PROCEDURE
ARTICLE 17 AGENCY SHOP
ARTICLE 18 NO CONCERTED ACTIVITIES
ARTICLE 19 PROVISIONS BY LAW
APPENDIX A
TRANSFER OF RETIREMENT FUND
APPENDIX B
MEMORANDUM OF UNDERSTANDING JULY 7, 1970
2 ARTICLE 1: RECOGNITION CLAUSE
Pursuant to the provision of the Meyers -Milias-Brown Act, Government Code Section 3500, et seq., the City of Riverside recognizes the Riverside Police Officers' Association as the exclusive bargaining r epresentative of the employees in certain sworn safety ranks employed by the Riverside Police D epartment hereinafter the ‘Supervisory Unit’ as follows:
Supervisory Unit Included: Police Sergeant
Excluded: All other sworn safety ranks, Police Officer, Police Detective, Police Pilot, all civilian employees,
management, confidential em ployees, and part-time
employees.
ARTICLE 2: PAY PRACTICES
Section 2.1 GENERAL PAY
2.1.1 Wage increases during the term of this agreement are based on the rate of growth in the total combined dollar amount of the Balanced Revenue Index (BRI) in the
General Fund, not to exceed one half (i.e. 50%) of the
year-over-year rate of growth . The BRI is comprised of the Bradley Burns (1%) and any City of Riverside voter
approved portion of the Sales Tax, the City’s portion of the Property Tax (general pr operty tax only, excluding local measures), the Transient Occupancy Tax, and the
Utility Consumption Tax. Payments will be based on
audited financials for each fiscal year.
2.1.1 .1 Effective the first pay per iod following January 1, 2018, the base salary shall be increased a
minimum of zero percent (0%) and a maximum of
six percent (6%) based upon 50% of the rate of
growth of the BRI from fiscal year 2015-2016 to
fiscal year 2016-2017.Effective with pay period
beginning July 8, 2022, and after City Council
approval, all members of the bargaining unit shall
receive a five percent (5%) increase to their base
salary.
2.1. 21.2 Effective the first pay per iod following January 1, 2019, the base salary shall be increased a
minimum of zero percent (0%) and a maximum of
six percent (6%) based upon 50% of the rate of
growth of the BRI from fiscal year 2016-2017 to
fiscal year 2017-2018.Effective the first pay period
following July 1, 2023, all members of the
3 bargaining unit shall receive five and a half
percent (5.5%) increase to their base salary.
2.1. 13.3 Effective the first pay per iod following January 1, 2020, the base salary shall be increased a
minimum of zero percent (0%) and a maximum of
six percent (6%) based upon 50% of the rate of
growth of the BRI from fiscal year 2017-2018 to
fiscal year 2018-2019.A ll represented RPOA
Supervisory City employees as of the date
payment is made shall receive a one-time non-
PERSable stipend of $10,000 to be paid with the
first pay period after City Council approval.
2.1.1.4 Effective the first pay period followi ng January 1, 2021, the base salary shall be increased a
minimum of zero percent (0%) and a maximum of
six percent (6%) based upon 50% of the rate of
growth of the BRI from fiscal year 2018-2019 to
fiscal year 2019-2020.
Section 2.2 STEP PROGRESSION
2.2.1 The years of service requi rement for eligibility for merit increases on appointment or promotion are:
2.2.1.1 Step 1 to Step 2 - 6 months.
2.2.1.2 Each additional st ep within the range at one (1) year intervals.
Section 2.3 EDUCATIONAL INCENTIVE
2.3.1 The City will grant all eligible unit members who qualify the following amounts for having and/or obtaining an
Intermediate or Advanced Certificate from the
Commission on Peace Officers Standards & Training
(POST) of the State of California.
2.3.2 Intermediate Certificat e –Ten percent (10%) premium pay for those who possess a POST Intermediate
Certificate; or
2.3.3 Advanced Certificate –Fifteen percent (15%) premium pay for those who possess a POST Advanced
Certificate.
The 2.5% increase for POST certificates given during
the term of this agreement is effective retroactive to
July 1, 2015.
4 Section 2.4 BILINGUAL PAY
The bilingual stipend shall be an addi tional three percent (3%) of base salary.
Section 2.5 ASSIGNMENT PREMIUM PAY
The assignment incentive pay for each employee serving in the listed capacities shall be as follows:
Motorcycle Sergeant 3%
Metro Team Sergeant (Red Team) 3%
Collateral Metro Sergeant (Blue / White Team) 1.5%
Metro Sniper Team Sergeant 1.5%
Hostage Negotiation T eam Sergeant 1.5%
The incentive pay calculation will be based off of the employee’s base salary.
Section 2.6 FIELD TRAINING OFFICER SERGEANT PREMIUM PAY
2.6.1 The Field Training Administ rative Sergeant earns ten hours of straight compensatory time for each month that they supervise the Field Training Officer (FTO) program.
2.6.2 Field Training Sergeants earn ten hours of straight compensatory time for each month that they supervise at least one trainee.
Section 2.7 SHIFT DIFFERENTIAL
2.7.1 Sergeants who are regul arly assigned to Watch A
(Graveyard Shift) shall rece ive additional compensation in the amount of thirty dollars ($30.00) for each such shift; Sergeants who are regularly assigned to Watch C (Swing
Shift) shall receive additional compensation in the amount of twenty-two dollars and fifty cents ($22.50) for each such shift.
2.7.2 Under no circumstances s hall assignments to Watches be considered "special assignments." Shift differential applies to employees classified as Police Sergeants.
2.7.3 Subject to the conditions de scribed herein, shift differential shall apply to sergeants assigned to Police Motorcycle Duty ("Motors"), Metro Unit ("Metro"), and Parole And Corrections Team (“PACT”).
5 2.7.4 Police Motorcycle Duty ("Moto rs"), Metro Unit ("Metro"), and Parole And Corrections Team (“PACT”) whose regularly
assigned shift begins at 12:00 p.m. are eligible for the Swing shift differential. The for egoing language does not limit the Department's latitude to adjust the shift starting times as circumstances require.
Section 2.8 ACTING WATCH COMMANDER
Sergeants acting as Watch Commander shall receive the full value of top step Lieutenant pay.
Section 2.9 DEFERRED COMPENSATION
The City will contribute twothree hundred and thirty five dollars ($200335.00) per month to Sergeants deferred compensation plan.
If the Sergeant does not participat e in the Long Term Disability (LTD) program the City will contribute an additional fifteen dollars ($15.00) per month to the City’ s deferred compensation program for that Sergeant.
Section 2.10 TUITION REIMBURSEMENT
Appendix B is Tuition Reimbursement excerpt
The City agrees to increase tuit ion reimbursement for Sergeants to five hundred ($500.00) to a maximum of one thousand five hundred dollars ($1,500.00) annually. Th e parties adopt the present City Education Reimbursement Program for incorporation herein, except that the program is not subject to final approval upon the availability of budgeted funds. See Appendix B.
Section 2.11 SERGEANT’S PATROL PREMIUM
Sergeants assigned to Patrol Divis ion shall receive a five percent (5%) stipend. The following assignments are not considered part of Patrol Division: METRO, Traffic, UNET, and PACT.
Section 2.12 SERGEANT’S CANINE INCENTIVE PAY
Sergeants, while assigned to collateral canine duties, will be compensated with a 5% stipend. T hose accepting the assignment understand and expressly waive the weekly on-call compensation currently identified in the Memorandum of Understanding.
Section 2.13 REOPENER ON LONGEVITY PAY
The Association and/or the City may request a re-opener no later than December 1, 2017 regarding longevity pay.
6 ARTICLE 3 HOURS AND OVERTIME
Section 3.1 PAYMENT FOR OVERTIME
Overtime shall be compensated at one and one-half (1 ½) times the employee’s regular hourly rate of pay for all hours worked beyond an employee’s scheduled/normal shift. This is also referred to as the “premium rate.”
3.1.1 MODIFIED DUTY MEDICAL APPOINTMENTS
Employees going to doctor appointments or physical
therapy appointments during their modified duty hours
are to code their timeca rd with the appropriate
Industrial/Sick Leave Code for the time spent at these
appointments. Doctor appoi ntments and physical
therapy appointments ar e not compensated by
overtime.
Section 3.2 4 - 10 PROGRAM
The regularly scheduled hours of work for all sworn personnel classified as Police Sergeant shall be four (4) days per week, ten (10) hours per day (the "4-10 progr am") subject to the conditions below:
3.2.1 MEAL PERIODS
Employees assigned to uniformed and non-uniformed
services shall continue to be scheduled for the four-ten (4-10) program and their meal periods will continue to occur during the ten hour shift.
3.2.2 EXCLUSIONS
Light duty assignments, special assignments and/or
major operations may be excluded from the four-ten (4-
10) program at the discretion of the Chief, or designee.
A special assignment is one that is for a limited defined duration, such as, for exam ple, personnel and training, and public information sergeant. Such schedules will be determined by the Chief. Personnel applying for such
special assignments will be no tified of the applicable schedule prior to the time applications for the
assignment are due.
Members who have been determined to have a work
related injury (whether off work or on a modified duty
7 assignment) may be assigned to work in the Personnel
and Training Division during the hours of 0700 to 1700
Monday through Thursday. All medical appointments
shall be expected to be scheduled on an assigned work
day (Monday through Thursday between 0700 hours
and 1700 hours). If an appointment is unavailable
during those times and medical services are required
on a Friday, Saturday, or Sunday, then the Member
shall be expected to “flex” his or her time so as to avoid exceeding the forty (40) hour work week.
Section 3.3 COMPENSATORY TIME
3.3.1 Banking overtime hours worked as compensatory time or being paid as cash overtime is at the exclusive
election of the employee.
3.3.2 The cap for maximum accumulation of compensatory
time off for Sergeants shall be one-hundred forty hours (140).
3.3.3 During the course of each year, employees shall have the option of cashing out earned compensatory time,
with two (2) weeks notice.
3.3.4 During each December, a ll accumulated compensatory time shall be paid for in cash unless the employee
elects to retain time into the following year, wherein
he/she may carry-forward fort y (40) hours of accrued
compensatory time upon such election. Should the
employee have less than forty (40) hours of
accumulated time and elects not to have it paid for in
cash, the employee may reta in and carry-forward the
balance of his/her accumulated time.
Section 3.4 COURT TIME
3.4.1 The minimum compensation for court time shall be two (2) hours at the applicable overtime rate.
3.4.2 On each occasion where an employee covered by this agreement is required to appear in court in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with
the City at a time outside of the employee's regularly scheduled work shift, and an hour or more prior to the
commencement of the employee's regularly scheduled
work shift, such employee shall receive at least two (2) hours overtime compensation at the applicable regular
rate of pay (i.e., the premium rate).
8 3.4.3 If such court appearance lasts for more than two (2) hours of off-duty time, the employee shall receive
overtime compensation for t he actual amount of all
such off-duty time at the premium rate.
3.4.4 In circumstances w here the court appearance is
scheduled to commence less than one hour prior to the
beginning of the employee's regularly scheduled work
shift, the employee shall receive overtime
compensation at the premium rate for the entire period
between the scheduled comm encement time of the
court appearance and the time the employee's shift is
scheduled to begin.
3.4.5 When an employee co mmences a court appearance
during the course of a regularly scheduled work shift
and the court appearance extends beyond the
scheduled expiration of that shift, the employee shall
receive overtime compensati on at the premium rate for
the entire portion of the c ourt appearance that extends beyond the scheduled terminati on of the employee's
regular work shift.
3.4.6 Except as modified abov e, the existing practices, procedures and policies r egarding court appearances
and court time shall not be changed by this agreement
and will continue in full force and effect.
3.4.7 For purposes of providing appropriate overtime
compensation out of city travel to court, travel to and from court in Moreno Valley shall be standardized at
thirty (30) minutes prior to the subpoena reporting time and at thirty (30) minutes fo llowing the officer’s release from court, regardless of actual travel time.
Section 3.5 ON-CALL
3.5.1 An employee on call fr om the end of the regularly scheduled work shift to the beginning of the next day's regularly scheduled work shift shall be paid therefore at the rate of one (1) hour strai ght time pay; four (4) hours straight time pay shall be paid for each continuous
twenty-four (24) hours on ca ll. This provision also
applies when an off duty unit member is on call for
court.
3.5.2 Employees in a paid on-call status are required to promptly respond to the designated location and arrive
within a reasonable period of time after being notified to 9 respond. Reasonable respons e time shall be the time required to get ready and then drive at normal speeds
to the designated duty location (including the need to
first stop at the station if necessary). Employees
subject to this provision must be able to arrive at the designated duty location within sixty (60) minutes of
notification.
3.5.3 On-call sergeants will receive pay equity to on-call officers/detectives. In other words, sergeants who are
placed in an on-call status shall receive like on-call pay for actual on-call pay as officers/detectives who are
placed in an on-call status.
3.5.4 The Chief of Police, or his/her designee, shall
determine all Department per sonnel who are placed in
an on-call status. The number of personnel who are on-
call may fluctuate with the needs of the Department as
determined by the Chief of Police.
Section 3.6 SHIFT CHANGE
The City reserves the right to replace the semi-annual shift change with an annual shift change.
Section 3.7 TEMPORARY ADJUSTMENT OF HOURS AND DUTIES
The City of Riverside, at the discr etion of the Chief of Police, reserves the right to reassign Police Department personnel, (including assignments and dut ies), and adjust employee schedules (including shift times, working hours, and days off) on a temporary basis, within 14 consecut ive-calendar-day notice, to meet the operational needs of the Departm ent, for planned and unplanned incidents.
ARTICLE 4 GENERAL PERSONNEL PROVISIONS
Section 4.1 SERGEANT PEER INVESTIGATIONS PROHIBITED
Lieutenants will investigate Sergeant s who initiate pursuits, use of force, traffic collisions and t he like, excluding investigations conducted by Internal Affairs. There will no longer be peer-to-peer investigations of sergeants by another Sergeant in such cases; patrol lieutenants are to conduct these investigations.
Section 4.2 TAKE HOME CARS
Non-uniformed sergeants take ci ty-assigned vehicles home under current practice as approved by t he Chief of Police. The City will continue to permit non-uniformed se rgeants to take home City cars 10 under the present practice. The Cit y recognizes that this matter is subject to meet and confer shoul d the City believe a change to the practice is warranted. However, no re-opener is intended hereby.
Section 4.3 SERGEANT CALLE D IN FOR WORK MEETING
When a Sergeant is called in for a meeting between shifts or on his/her day off, he or she shall receive a minimum of two hours’ pay at the applicable rate. In the ev ent the meeting lasts less than two hours, the Department reserves the ri ght to assign up to two hours’ work.
Section 4.4 UNIFORMS
4.4.1 The City will provide required uniforms and safety equipment.
4.4.2 SWAT gear – The City, in consultation with the Red team Sergeant with respect to quality standards and
functionality, will procure and provide one (1) set of the following items to each Metro team member:
Uniform & Safety
Balaclava, Hatch #NH5000
2 Name tag, cloth
2 BDU pants
2 BDU Shirt
T-Shirt, Black w/ MFF emblem
HD Field Jacket
Nomex gloves
Boonie type hat
Leather rappel/fast rope gloves
Eye protection
Custom fit hearing protection
Knee pads
Handgun light
Flashlight
Tactical boots
Nylon under belt
Nylon cuff case
Nylon holster
Nylon keepers, set (4)
Nylon mag pouch, double
Nylon OC holder
Nylon radio holder
Nylon Sam Browne
Name tag, brass w/blk letters: METRO Team
Section 4.5 SPECIAL ASSIGNMENT/COLLATERAL DUTY
4.5.1 At least three (3) y ears of sworn time with the
11 Riverside Police Department is required for all special assignments and collateral duties, with the exception
of Field Training Officer (FTO) assignments.
4.5.2 The Association and/or the City may request a re- opener no later than December 1, 2017 regarding the
compensation for collateral Technical Services Unit
for Sergeants.
Section 4.6 RESTORATION OF POSITIONS/PATROL STAFFING
The Association and/or the City ma y request a re-opener no later than December 1, 2017 regarding re storation of positions/patrol staffing.
ARTICLE 5 LEAVE PROVISIONS
Section 5.1 HOURS PER PAY PER IOD ACCRUAL FOR SICK LEAVE
Sick leave will accrue at the ra te of 3.7 hours per pay period.
Section 5.2 FAMILY SICK LEAVE
Employees may apply any accrued leave balances for family illness or FMLA / CFRA. Family sick l eave will be allowed only for the sickness or injury of the spouse, child, mother, father, registered domestic partner or child of domes tic partner of the employee.
Covered family relationships are defined by law, and do not include “in-laws.” There is no longer any requirement that the family member live in the same household.
Section 5.3 SICK LEAVE PAYOUT
Except as hereinafter provided, upon retirement or disability retirement pursuant to City ordinance, or under the Public or State Employees' Retirement System or pursuant to the provisions of any applicable agreement bet ween the City and a State retirement system, or upon death, accumulated and unused sick leave credit shall be paid on the following basis:
5.3.1 Every person who has been employed for a continuous period of five years or more, but less than ten (10)
years, immediately preceding said retirement or
disability retirement shall receive payment comparable
to twenty-five percent of accumulated and unused sick
leave, or upon the death of every such person who has
been so employed for said continuous period
12 immediately preceding said employee's death the
estate or beneficiary of t he deceased shall receive said payment.
5.3.2 Every person who has been employed for a continuous period of ten years or more immediately preceding said retirement or disability reti rement shall receive payment comparable to fifty percent (50%) of accumulated and
unused sick leave; or upon the death of every such
person who has been so empl oyed for said continuous
period immediately preceding said employee's death,
the estate or beneficiary of the deceased shall receive said payment.
Section 5.4 BEREAVEMENT LEAVE
Every regular, full time employ ee who has been in the continuous employ of the City shall receive bereavement leave as set forth in table 5.6.6, which is attached hereto and incorporated herein by reference.
5.4.1 All regular, full-time empl oyees of the City, regardless of period of service, may in the event of death of any relative of the first degree by blood or marriage or any relative with whom they reside within the same
household, or brother or si ster, be allowed up to the
equivalent of one (1) work week of paid bereavement
leave. In the event of death of a relative of the second degree, who does not reside within the same
household, paid bereavement leave for one (1) work
day may be granted.
5.4.2 Persons regularly employed between twenty to twenty- nine hours per week may be granted one-half (1/2) of
the applicable leave and persons regularly employed
between thirty (30) to thir ty-nine (39) hours per week may be granted three-fourths (3/4) of the applicable
leave.
5.4.3 Relative Bereavement Time
Spouse 1 week
Child 1 week
Step-child 1 week
Parent 1 week
Step-parent 1 week
Mother-in-law 1 week
Father-in-law 1 week
Grandchild 1 da y
Step-grandchild 1 da y
13 Grandparent 1 da y
Grandparent-in-law 1 da y
Aunt Not covered
Uncle Not covered
Brother 1 week
Sister 1 week
Step-sister 1 week
Step-brother 1 week
Brother-in-law * See below
Sister-in-law * See below
One (1) week is provided for the death of an
employee’s brother-in-law or sister-in-law of the first degree which refers to the employee’s spouse’s
sibling.
One (1) day is provided for the death of an
employee’s brother-in-law, or sister-in-law of the
second degree which refers to the employee’s
sibling’s spouse, OR the employee’s spouse’s
sibling’s spouse.
Section 5.5 MILITARY LEAVE
5.5.1 Military leave shall be granted to employees in
accordance with the provisions of federal and state law.
City Council reserves its right to supplement the
aforementioned federal and st ate law military leave
provisions.
5.5.2 Regular employees on approv ed Military Leave shall be entitled to their regular salary and compensation as a
City employee for the first thir ty (30) calendar days of such leave in any fiscal y ear. Benefits are applied in accordance with Human Resources Policy.
5.5.3 The City shall provi de continued health and dental benefits to such employee’s dependents, provided that
the dependents were covered for such benefits prior to
the employee being called to active duty.
Section 5.6 LEAVE OF ABSENCE
5.6.1 Every employee of the Cit y may be allowed a leave of absence without pay by said employee’s department
head or designee, not to exc eed thirty (30) calendar
days.
14 5.6.2 Every employee of the City, except temporary or seasonal employees, may be allowed a leave of
absence without pay upon re commendation of said
employee’s department head or designee with the
approval of the Human Resources Director not to
exceed one hundred twenty (120) calendar days. The
one hundred twenty (120) calend ar-day period includes
prior leaves under other po licies taken for the same
reason. For example, a department head may grant an
employee a thirty (30) ca lendar-day leave, and the
Human Resources Director may approve an additional
90 calendar days of leave, which would total one
hundred twenty (120) days of leave.
Leave of absence beyond a one hundred twenty (120)
calendar-day period must be approved by the City
Manager up to a one year per iod, which includes the
prior leaves taken for the same reason. For example, a department head may grant an em ployee a thirty (30)
calendar-day leave; and the HR Director may approve
an additional ninety (90) cal endar days of leave; and
the City Manager may grant an employee an additional
225 calendar days of leave, which would total three
hundred forty-five (345) calendar days of leave (i.e. one year).
5.6.3 Except as may be required by state or federal law, an employee of the City shall no t be entitled to receive the benefits of vacation, holiday, sick leave or any portion of the City’s contribution towards health, dental, life or disability insurance premiums while on such leave.
Also, the employee’s performance evaluation/merit
increase date shall be subject to adjustment for all non- work time of twenty (20) days or more. The employee’s
hire date with the City will not be affected.
5.6.4 Family, Medical and Pr egnancy Disability: Family, medical and pregnancy disability leave shall be granted to employees in accordance with the provisions of
federal and state law.
Section 5.7 RELEASE TIME
The City will grant release time up to 528 hours per year for the Association President or Board of Directors. The 528 hours is a maximum total amount available collectively to the President and/or the Board during the course of the year.
Section 5.8 ADMINISTRATIVE TIME
15 While on Administrative Time Off (aka Administrative Leave or Administrative Suspension), an employee shall not be forced to use vacation and holiday time. However, an employee placed on Administrative Time Off with a previously approved vacation shall be permitted to take such vacation (using the employee’s vacation bank) without restriction unless the Police Chief determines that the nature of the investigation conc erning the employee, if any, requires the employee to remain reasonably available to respond to the police department and the Chief rescinds the approved vacation in his written suspension notice to the employee with specific reasons stated therefore. In su ch case, the employee shall be permitted to take his/her vacati on immediately upon return to regular duties.
ARTICLE 6 VACATION
Section 6.1 POLICY
Vacation leave shall be schedule d and approved by the department head. Subject to department head approval, employees may take earned vacation within the same calendar year it is earned. No paid vacation leave shall be allowed unless such leave has been already earned.
If an employee has more than two years accumulated and unused vacation the excess vacation accrual, as of pay period beginning June 8, 2012 shall be paid off in ca sh on an hour-for-hour basis at the employee’s regular hourly rate of pay . The department is not required to pay down any excess vacation that already existed prior to June 8, 2012. The department head re serves the right to require employees to schedule vacation so that the employee's vacation balance will be reduced.
Section 6.2 VACATION SCHEDULE
The City's vacation schedule for the unit shall have the following vacation accrual schedule:
Years of Service Vacation Hours Earned
0 – 4 80
5 - 9 120
10 – 14 160
15+ 200
Section 6.3 ANNUAL VACATION BUY DOWN
Supervisors may annually buy-d own up to one hundred twenty (120) hours of vacation time elec ted in January for payment in November. Such election must be made during January of each year but may be rescinded at any time prior to November 1. 16 Section 6.4 VACATION INCENTIVE
Every unit member with more th an 10 years and less than 15 years of total service time with the Riv erside Police Department shall have credited to his/her vacation bank , in January of each year, an additional 20 hours if in the prec eding calendar year the employee used less than 50 hours of sick leave.
The effectiveness of this incentive will be assessed during the term of the contract for potential re-evaluation in the next contract.
Section 6.5 LEAVE APPROVAL
Requested time off (vacation) wil l not be denied on the basis of dropping below “minimum staffing” if made at least 14 days in advance. This provision only applies to patrol, and can be used up to two days per year.
The effectiveness of this incentive will be assessed during the term of the contract for potential re-evaluation in the next contract.
ARTICLE 7 HOLIDAYS
Section 7.1 HOLIDAYS OBSERVED
Authorized holidays are as follows:
New Year’s Day – January 1
st
Martin Luther King Day – 3rd Monday in January
Lincoln’s Birthday – February 12th
President’s Day – 3rd Monday in February
Cesar Chavez Day – Last Monday in March
Memorial Day – Last Monday in May
Juneteenth – June 19
th
Independence Day – July 4th
Labor Day – 1st Monday in September
Columbus Day – 2nd Monday in October
Veteran’s Day – November 11th
Thanksgiving – 4th Thursday in November
Day after Thanksgiving – 4th Friday in November
Christmas Day – December 25th
Section 7.2 ELECTION DAY NOT A HOLIDAY
The provisions of state law ma king every day on which an election is held throughout the state a state holiday shall not apply or create a holiday.
17 Section 7.3 OBSERVA NCE OF HOLIDAYS
7.3.1 Uniformed Services Se rgeants: (including: Patrol, Metro, Motor Sergeant). Each holiday will be observed
on the actual date of said holiday.
7.3.2 Non-uniformed Services: If an authorized holiday falls on a Sunday, the following M onday shall be treated as
the holiday. If an authorized holiday falls on a Saturday, the preceding Friday shall be treated as the holiday.
Section 7.4 HOLI DAY TIME CREDIT
Holiday time will be credited based on shift hours. This means, for example, that an employee assigned a ten (10) hour shift shall receive ten (10) hours holiday time credit, and an employee assigned a twelve (12) hour shift shall receive twelve (12) hours holiday time credit. Similarly, an employee on a ten (10) hour work day authorized to be off on a holiday shall be considered as having worked ten (10) hours on the holiday.
7.4.1 When the holiday fall s on the employee's normal day off, the employee may elect to take the holiday off on another day within that same pay period subject to the
same options listed above. Management must approve
an employee’s choice of day off at least two (2) weeks
prior to the holiday.
7.4.2 Each employee shall have t he option to defer receipt of compensation for each holiday occurring during the
calendar year until the end of the year, at which time the employee shall receive a cash payment equal to the
value of all unused or unpaid holidays. Such election
shall occur prior to January 1 of each year.
7.4.3 For members who have been determined to have a
work related injury (whether off work or on a modified duty assignment), holiday pay will be calculated based
on the days and hours of their assignment at the time of the on-duty injury.
ARTICLE 8: EMPLOYEE INSURANCE
Section 8.1 MEDICAL / DENTAL
8.1.1 The City will pay the monthly premiums on behalf of each employee and eligible dependent under the
medical insurance programs available through the City,
not to exceed the following category limitations:
18 Employee Only - $510.00
Employee plus one (1) dependent - $930.00
Employee plus two (2+) or more dependents - $1,232.00
Effective the first paycheck in December 2016, the
monthly City contribution for employee + one will
increase by forty dollars ($40) bringing the monthly
amount to nine hundred and seventy dollars ($970).
The monthly City contribution for employee + two or
more will increase by fifty five dollars ($55) bringing the monthly amount to one thousand two hundred and
eighty seven dollars ($1,287). The monthly City
contribution for employee only coverage will increase
by thirty dollars ($30) bringing the monthly amount to
five hundred and forty dollars ($540).
Effective the first paycheck in December 2018, any
increases in health insurance premiums from that time
forward will be divided equally between the City and
employees. This provision shall not apply to individuals with employee only cove rage until the premium
exceeds the amount to the City’s monthly contribution.
8.1.2 The contribution amounts lis ted in 8.1.1 can be used for medical and dental premiums.
8.1.3 During the term of this agreement, the City may
discontinue any health insu rance plan which does not
maintain City-wide enrollment of at least one hundred
fifty (150) employees.
8.1.4 The contributions do not apply to the third payroll period in any one month.
Section 8.2 LIFE INSURANCE
The City will provide Sergeants te rm life insurance in an amount equal to twice the employee’s annual base salary calculated as of August 1
st of each year. This insured amount will include
accidental death and dismemberment.
Section 8.3 LONG TERM DISABILITY
8.3.1 The City shall contribut e fifteen dollars ($15.00) per month per employee toward the group long term
disability program maintained by the Association for its members.
8.3.2 If the Sergeant does not participate in the Long Term 19 Disability (LTD) program t he City will contribute an additional fifteen dollars ( $15.00) per month to the
City’s deferred compensat ion program for that
Sergeant.
Section 8.4 HEALTH INSURANCE WAIVER STIPEND
A. Effective November 2012, employees who do not elect
to participate in the City’s health insurance program
(cafeteria plan) and receive the contributions described in section 8.1.1 and can show proof of insurance shall
receive a stipend of two thousand dollars ($2,000.00)
the last pay period in November 2013. The same shall
apply each November for the length of this agreement.
B. Employees must be employed through the end of the
last pay period in November to qualify for this benefit.
C. Current employees on pa yroll through November who
did not work the entire twel ve (12) month period shall earn the stipend on a pro-rata basis.
D. The stipend can be paid into deferred compensation
through payroll, not to exceed annual IRS deferred
compensation limits.
The Association and/or the City may request a re-opener no later than December 1, 2017 regarding any issues not resolved, which were previously deferred to the Health Benefits Committee.
ARTICLE 9: RETIREMENT
Section 9.1 RETIREMENT PLAN
For bargaining unit employees newly hired on or before June 8, 2012, the City shall pick up each affected employee's standard contribution to the Public Employ ees' Retirement System (PERS) not to exceed nine percent (9%) of the affected employee's compensation reported to PERS. Said PERS pickup shall be credited to the employee's account with PERS.
The City shall continue to pay the Employer Paid Member Contribution (EPMC). Those employ er paid member contributions shall be credited to the employee’s account with PERS. In addition, those employer paid member cont ributions shall be reported to PERS as pensionable income in accordance with California Government Code Section 20636(c)(4 ). In no event shall the EPMC exceed nine (9%) of pension income of the affected member contribution for public safety members of CalPERS.
20 Effective the first pay period follo wing January 1, 2018, if a wage increase is in excess of two perc ent (2%), represented employees in Retirement Tier 1 shall pay a portion of the required employer contribution equal to one and one half percent (1.5%) of pensionable income pursuant to th e cost-sharing provisions set forth in California Government Code Section 20516(f).
Effective the first pay period foll owing January 1, 2019, if a wage increase is in excess of two perc ent (2%), represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one and one half percent (1.5%) of pensionable income pursuant to th e cost-sharing provisions set forth in California Government Code Section 20516(f).
Effective the first pay period foll owing January 1, 2020, if a wage increase is in excess of two perc ent (2%), represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one and one half percent (1.5%) of pensionable income pursuant to th e cost-sharing provisions set forth in California Government Code Section 20516(f).
Effective the first pay period following July 1, 2023, represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one half percent (0.5%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516(f).
Effective the first pay period foll owing January 1, 2021, if a wage increase is in excess of two perc ent (2%), represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one and one half percent (1.5%) of pensionable income pursuant to th e cost-sharing provisions set forth in California Government Code Section 20516(f).
Bargaining unit employees hired on or after June 8, 2012 shall pay one hundred percent (100%) of the employee’s normal contribution (currently nine percent - 9%) to PERS.
9.1.1 The above PERS pick up shall not be considered as base salary but shall be considered employer
contribution pursuant to Se ction 414(h)(2) of the
Internal Revenue Code.
9.1.2 Except as provided below , the City shall provide the One (1) year Highest Compensation benefit for all
Police Unit employees. (G overnment Code Section
20042)
21 Bargaining unit employees hi red after approval of this Agreement and execution of a forthcoming PERS
amendment shall receive the average of the three (3)
highest years compensation benefit. (Government
Code Section 20037)
9.1.3 For employees who intend to retire after May 15, 1992, they may elect to have their final year’s salary
augmented by the nine percent (9%) currently being
contributed by the City to PERS. By so doing, the
employee becomes responsible for paying his/her
contribution to PERS. Notice to the City of intent to retire and to exercise this option must be given one (1) year in advance and must represent the employee’s
good faith intent to retire; under no circumstances will this option be available for more than twenty-six (26)
pay periods for any one employee.
9.1.4 The City shall provide the Public Employees Retirement System (PERS) three percent (3%) at age fifty (50)
retirement benefit for eligib le unit members retiring on or after the effective date December 17th, 2004.
9.1.5 The City will contract with Public Employee’s
Retirement System to provide the one-half (½) Widow’s
continuance option, known to PERS as the ‘1957
Survivors Benefit to all safety employees in the Police and Supervisory units.
9.1.6 The City will contract with PE RS for the third level 1959 Survivors’ Benefit.
Section 9.2 DEFERRED COMPENSATION
The City shall make available to affected employees its 457 deferred compensation programs.
9.2.1 The City will implement a program permitting unit members to elect to place overtime pay, compensatory
time, and excess vacation time into their respective
deferred compensation accounts. The amounts remain
subject to limits established by plan administrators or the Internal Revenue Service.
Section 9.3 HEALTH INSURA NCE COVERAGE FOR RETIREES
The City will provide a group medical health insurance policy similar to the health insurance carriers currently provided to active employees at the retiree’s own expense without any City contribution toward the premium for said policy.
22 9.3.1 The Association and/or the City may request a re- opener no later than December 1, 2017 regarding any
issues not resolved, which were previously deferred
to the Health Benefits Committee.
Section 9.4 RETIREE HEALTH INSURANCE FUND (2006 Plan)
In addition to the Health Insu rance Fund for Retirees (1991 Plan) addressed in Section 9.4, the Asso ciation shall create and manage a Trust Fund to help offset medical costs for retirees.
9.4.1 Effective July 1, 2006, the City shall contribute each month toward a retiree medical trust fund to be
established by the Association an amount equal to fifty dollars ($50.00) for every active employee in this unit of representation who is in a pai d status. Until the trust fund has been established, t he funds will be deposited by the Association into an interest-bearing account. As soon as the trust has been established, the funds in
that account will be transferred by the Association to
the trust.
9.4.2 Effective January 1, 2008, the City will contribute one hundred dollars ($100.00) monthly for every active
employee in this unit of representation into said fund.
9.4.3 The trust shall provide post-retirement medical benefits only to individuals who hav e retired under any of the
following conditions:
1. A service retirement with fifteen (15) or
more years of sworn service with Riverside
Police Department.
2. An industrial disability retirement with the
City of Riverside
9.4.4 The Association agrees to allow the City to audit the books and records of the trust at the City’s request.
Section 9.5 RETIREE HEALTH S AVINGS PLAN (meet and confer)
The RPOA supervisory bargaining unit and the city agree to meet and confer no later than the first quarter of 2023 to discuss a Retiree Health Saving Plan. The purpose of the meeting will be to discuss available options for members to transfer the full pre-tax monetary value of any eligible banked sick time (up to 50%) at the time of retirement from the City, into an individual retirement health savings fund. The items to be discussed will include but not limited 23 to the potential companies to manage of the funds. The establishing of the plan shall be by mutual agreement of the parties.
ARTICLE 10: ATTENDANCE AT TRAINING OR SCHOOLS
Section 10.1 ADO WITH 28 DAYS NOTICE
Any member who attends mandatory or required training or school (as defined below) on his or her regularly scheduled time off shall receive Adjusted Day Off (“ADO”) hours for time spent in training or school if the City provides writt en notice twenty-eight (28) days or more in advance of the first date on which the member is scheduled to attend training or school.
Mandatory training time shall be adjusted at straight time on an hour-for-hour basis.
Travel time to or from a mandatory training location outside the City of Riverside will likewise be adju sted at straight time on an hour- for-hour basis.
Mandatory training time and/or traini ng travel time in a single day which constitutes 80% or more of an employee’s regularly scheduled shift hours, may be adjust ed on a day-for-day basis at the discretion of the Traini ng Bureau Commander or the employee’s Division Commander.
For purposes of this Agreement “mandatory or required” training or schools shall include any training or schools where members of RPOA are required or ordered to attend by police management.
Section 10.2 ADO SCHEDULING
Adjusted days off shall be mutually agreeable to the member and the Department, or, if no agreement is reached, adjusted days off shall be in conjunction with the member’s regularly scheduled days off.
Section 10.3 OVERTIME FOR UNUSED ADO’S
ADO’s not taken within the same tw enty-eight (28) day work period in which the employee attended m andatory school or training shall result in the City treating the equiva lent of such time not taken but spent in mandatory school or training as time actually worked for purposes of computing entitl ement, if any, to overtime compensation under the Fair Labor Standards Act (“FLSA”).
Section 10.4 28 DAY WORK PERIODS IDENTIFIED
24 Current year FLSA twenty-eight ( 28) day work periods shall be identified by the Police Department by making some notation on the paycheck stubs of each RPOA member, or provide such information to the police accoun ting section who will generate a calendar and disseminate it to all sections, which shows the work period for each RPOA member and which indicates the length of that period and its starting time.
Section 10.5 FAILURE TO PROVIDE 28 DAY NOTICE
Any member who is required to attend training or school on his or her regularly scheduled day of f shall receive overtime compensation (pay or compensat ory overtime hours, at the member’s discretion, not to exceed the negotiated cap) at the rate of time and one-half of his/her “regular rate of pay” for each day spent attending such training or sch ool if the City fails to provide the member with writt en notice of the training or school at least twenty-eight (28) days in advance of the first day on which the member is scheduled to attend training or school.
Section 10.6 28 DAY NOTICE WAIVER
A member may voluntarily waive hi s/her right to twenty-eight (28) day advance notice, in which case he/she shall receive Adjusted Days Off as if the City provided at least twenty-ei ght (28) days notice as explained in Section 10.1 above.
Section 10.7 MEET AND CONFER WAIVER
The City and the Association waive their rights to compel the other to meet and confer regarding schedul ing and/or compensation with respect to attendance at training or school as explained in this Section during the current labor contract negotiations or in connection with a successor Memorandum of Understanding.
Section 10.8 ADHERENCE TO PROVISIONS
The above provisions regarding trai ning or school shall be strictly adhered to by police management in all divisions within the Department.
ARTICLE 11: TRANSFERS WITHIN THE DEPARTMENT
Section 11.1 MEET AND CONFER REGARDING TRANSFER POLICY
The City and RPOA agree to meet and confer regarding the department transfer policy. The Riverside Police Department Policy and Procedure Number 5.20 Transfer Policy shall be incorporated into this Memorandum of Understanding.
25 ARTICLE 12: RECLASSIFICATION
The City reclassification policy will provide for Unit members that employees who are reclassified will receive a salary increase to the next higher step upon reclassification.
ARTICLE 13: PERFORMANCE EVALUATIONS
Lieutenants shall review draft pe rformance evaluations with Unit members prior to their fina lization and being passed on to Captains.
ARTICLE 14: DRUG TESTING
Both parties remain committed to a drug-free workplace. The parties further agree to work together to evaluate and revise RPD’s 1997 Drug Testing Policy.
ARTICLE 15: REPLACEMENT OF PERSONAL ITEMS
15.1 The City will reimburse Un it members for lost and/or damaged personal items subject to the following
conditions:
15.2 Such items are required fo r the job, but not provided by the City.
15.3 The items are lost and/ or damaged while the employee is on duty, in the course and scope of duty; the loss is not caused by the negligence of the employee.
15.4 Total reimbursement per employee pursuant to this
policy shall not exceed one hundred ($100.00) per
fiscal year. Subject to the same dollar limitation,
reimbursement for civilian clot hes shall be at the level equal to the comparable uniform component.
15.5 Reimbursement shall not be required where the
employee's insurance covers the item.
15.6 Notwithstanding any of th e above, this policy shall not apply to second or back-up weapons or personal
vehicles not required by the Department to be utilized.
15.7 Utilization of this policy for any one incident constitutes a waiver of the right to pur sue reimbursement for that item or incident from the Cit y in other administrative or legal forums; otherwise the existence of this policy
does not constitute a waiver of either party's defenses 26 or remedies in connection with additional incidents
during the same fiscal year.
ARTICLE 16: GRIEVANCE PROCEDURE
Section 16.1 PURPOSE
To provide employees with an or derly procedure for processing a grievance. The current M.O.U. for the bargaining unit should be referenced as to specific language.
Section 16.2 DEFINITION
A grievance is an allegation by an employee that the employee has been adversely affected by a violat ion, misinterpretation, or misapplication of the s pecific written provisions of a Memorandum of Understanding, the City's salary and fringe benefit resolutions, or the City's written personnel policies and procedures.
Section 16.3 POLICY
Regular employees shall use the hereinafter prescribed procedure for grievances arising out of the administration of ordinances or regulations dealing with personnel, sa lary, or other benefits, any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures.
16.3.1 Representation - An em ployee may be represented at all stages of the grievance procedure by himself/
herself or, at his/her option, by a representative.
In this grievance procedure, any reference to grievant
means grievant, his/her r epresentative, and/or a
bargaining unit.
16.3.2 Time Limits - The time limits herein are maximum time limits; however, time limits may be extended by
mutual agreement.
16.3.2.1 In the event the grie vant fails to meet a time limit, such failure shall constitute a waiver of
the grievance.
16.3.2.2 In the event the City fails to meet a time limit, such failure shall allow the grievant to proceed
to the next level of the grievance procedure.
16.3.3 Arbitration Costs and Se lection - The cost of the hearing officer/arbitrator shall be borne equally by the City and the Association. If the parties are unable to
27 agree upon a hearing officer or arbitrator, hearing
officers and arbitrators sha ll be selected from a panel submitted by the California State Conciliation Service; each party shall alternately strike names until there is one remaining. If the Asso ciation is neither the
grievant or the grievant's representative, the cost of
the hearing officer/arbitrator shall be borne equally by the City and the grievant.
Section 16.4 PROCEDURE
Responsibility Action
Department, Grievant 1. Informa l Step: As a general policy, attempts shall be made to ascertain
all facts and adjust all grievances on
an informal basis between the
grievant and a supervisor in the
chain of command up to and
including the Division Head.
Presentation of this grievance shall
be made within ten (10) working
days from the date the grievant
knew or should have known of the
act or occurrence giving rise to the
grievance.
Grievant 2. Step One (1): If the grievance is not
adjusted to the satisfaction of the
grievant within five (5) working days
after presentation of the grievance,
the grievant may submit the
grievance in writing to the
department head withi n the next ten
(10) working days.
Department Head 3. Meets with the grievant within five
(5) working days of receipt of the
written grievance and communicates
a decision to the grievant within five
(5) working days after the meeting.
Grievant 4. Step Two (2): If the grievant is not
satisfied with the decision of the
department head, the grievant may,
within ten (10) working days after
receipt of the department head's
decision, submit in writing the
28 grievance and request for a hearing
to the Assistant City Manager for
review.
Hearing Officer 5. Hears case and makes recom-
mendation according to the type of
grievance. Management has the
discretion to either change work
schedules or pay overtime for the
grievant to attend hearings. Any
schedule changes in this regard will
be made with reasonable advanced
notice.
a. Non-disciplinary grievances:
Heard by a hearing officer
who shall make advisory
recommendations to the City
Manager. The City Manager's
decision shall be final.
b. Disciplinary grievances for
regular employees who are
suspended for eighty (80)
hours or more, are demoted in
rank, or are terminated.
Appeals to a hearing officer
whose decision is final. Either
party may seek review of the
hearing officer's decision
pursuant to Code of Civil
Procedure Section 1094.5.
c. Other disciplinary grievances
for employees who receive
discipline other than that
which is indicated in b. The
matter may be appealed to
binding grievance arbitration.
The arbitrator's decision and
award shall be final and
binding on the parties and
may be reviewed only pur-
suant to Code of Civil
Procedure Section 1285 et
seq.
29 Administrative Appeal Hearing 6. An Administrative Appeal Hearing process shall be provided to all
members of the bargaining unit. This
appeal hearing process will be
applicable to any administrative
actions that may be considered
punitive as defined by the Public
Safety Officer Bill of Rights. The
specific procedures related to this
hearing process will be included in
the Riverside Police Department
Policy and Procedures Manual.
ARTICLE 17: AGENCY SHOP
17.1 The Agency Shop provisions shall be applied for the term of this agreement as follows:
17.2 Subject to Article III Sect ion 4, payroll deductions, of the City's Employer-Employee Relations Resolution,
upon the voluntary written aut horization of bargaining unit employees, the City sha ll deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the
Association or who does not make application for
membership within thirty (30) days following the
effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of comm encement of duties, shall
become a member of the A ssociation or pay to the
Association a fee in an amount equal to the
Association's periodic dues; provided, however, that
the unit member may authorize payroll deduction for
such fee in the said manner as provided in paragraph
17.2 17.4 Dues withheld by the Cit y shall be transmitted to the Association Officer designated in writing by the
Association as the person authorized to receive such
funds, at the address specified.
17.5 The parties agree that t he obligations herein are a condition of continued empl oyment for unit members.
The parties further agree t hat the failure of any unit member to remain a mem ber In good standing of the
Association or to pay the equivalent of Association
dues during the term of this agreement shall constitute, 30 generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or disconti nued deduction until the pay
period commencing fifteen (15) work days or more after
such submission.
17.7 No unit member shall be required to join the
Association or to make an agency fee payment if the
unit member is an actual verified member of a bonafide
religion, body, or sect whic h has historically held
conscientious objections to joining or financially
supporting employee organizations; this exemption
shall not be granted unless and until such unit member
has verified the specific circumstances. Such employee
must, instead, arrange with th e Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religio n charitable funds, tax exempt under Section 501 (c ) (3) of the Internal
Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund
17.7.2 Heart Association
17.7.3 American Cancer Society
17.8 Whenever a unit member shall be delinquent in the
payment of dues or fees, the Association shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said notice shall be forwarded to MERO. In the ev ent the unit member fails
to cure said delinquency, the Association shall request, in writing, that the City in itiate termination proceedings.
The termination proceedings shall be governed by
applicable state laws and are specifically excluded from the Grievance Procedures Agreement.
17.9 The City shall not deduct monies specifically earmarked for a PAC or other political activities unless such
deduction is affirmatively, separately and specifically authorized in writing by the unit member.
17.10 The Association sh all keep an adequate itemized
record of its financial transactions and shall make
available annually to the City and, upon request to the employees who are members of the Association, within
sixty (60) days after the end of its fiscal year, a detailed written financial report thereof In the form of a balance sheet and an operating statement, certified as to
31 accuracy by its President and Treasurer or
corresponding principal officer, or by a Certified Public Accountant. A copy of financial reports required under
the Labor-Management Disclosures Act of 1959 or
Government Code Section 3546.5 shall satisfy this
requirement.
17.11 This organizational secu rity arrangement shall be null and void during the period following expiration of this Memorandum of Understanding and prior to entering
into a successor agreement containing the same
provision for organizational security. Additionally, this organizational security arrangement shall be null and
void if rescinded by a vote of employees pursuant to
Government Code Section 3502.5(b).
17.12 The Association will defend, indemnify and hold
harmless the City of Riverside from any loss, liability or cause of action arising out of the operation of this
article.
ARTICLE 18: NO CONCERTED ACTIVITIES
18.1 During the term of this agreement, the Association, its officers, agents, representatives and/or members agree
they will not cause, condone or participate in any strike, walkout, work stoppage, job action, slow down, sick-
out, refusal or failure to faithfully perform assigned
duties and responsibilities, withholding of services or other concerted interfer ence with City operations,
including compliance with the request of other labor
organizations to engage in any or all of the preceding
activities.
18.2 In the event of such ac tivities, upon request by the City, the Association shall immedi ately instruct any persons engaging in such conduct that they are violating this
agreement and that they are engaging in unlawful
conduct and that they should immediately cease
engaging in such conduct and resume full and faithful
performance of their job duties.
18.3 In addition to any other la wful remedies or disciplinary action available to the City, the City may, in addition to the above, invoke any and all remedies available to it
under its Employer-Employee Relations Resolution.
ARTICLE 19: PROVISIONS BY LAW
32 19.1 It is understood that existing ordinances, resolution and written policies of the City co ver matters pertaining to employer-employee relations including, but not limited
to, salaries, wages, benefits, hours and other terms and conditions of employment. T herefore, it is agreed that all ordinances, resolutions and policies, including the Employer-Employee Relations Resolution are hereby
incorporated herein by this reference and made part
hereof as though fully set forth and except as provided herein shall remain in full force and effect during the term hereof. The parties heret o agree that nothing in
this MOU shall in any manner abridge, restrict or modify the rights and prerogatives of the City and its
employees set forth in Articl e I , Sections 4 and 5, and Article II Section 1 B of Resolution No. 15079, or its
successor, if any.
19.2 The City and the Association agree that for the term of this Agreement, each party waives its rights and each
party agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Agreement except as
expressly provided for in this Agreement and as to
meeting and conferring over the renewal or continuation of this MOU at its expiration date in accordance with
said Employer-Employee Relations Resolutions.
19.3 It is understood and agreed that this MOU is subject to all present and future applicabl e federal and state laws and regulations and the prov isions hereof shall be
effective and implemented only to the extent permitted
by such laws and regulations , or otherwise held invalid or unenforceable by any tribunal of competent
jurisdiction, such part of provisions shall be suspended and superseded by such applicable laws and
regulations and the remainder of the MOU shall not be
affected thereby and shall remain in full force and
effect.
19.4 Upon ratification by the membership of the Association and by the City Council this MOU shall be effective
through December 31, 202 13 and for the durations of
any agreed upon extension.
MEMORANDUM OF UNDERSTANDING 201622-20213
CITY OF RIVERSIDE, RIVERSIDE POLICE OFFICER’S ASSOCIATION
FOR THE POLICE SUPERVISORY UNIT
MANAGEMENT REPRESENTATIVES RI VERSIDE POLICE OFFICERS’
CITY OF RIVERSIDE ASSOCIATION
By ____________________________ By ____________ _______________
John Russo Michael Moore Brian Smith
Interim City Manager RPOA President
By ____________________________ By ____________ _______________ Alexander Nguyen Rafael Guzman Kevin Kauk
Assistant City Manager Officer Representative
By ____________________________ By ____________ _______________ Marianna Marysheva-Martinez Edward Enriquez Aurelio Melendrez Assistant City Manager RPOA Vice President
By ____________________________ By ____________ _______________ Sergio Diaz Bruce Blomdahl Juan Munoz
Deputy Chief of Police Officer Representative
By ____________________________
Pia Rose Rene Goldman
Interim Human Resources Director
By ___________________________
Adam RaymondKristie Thomas
Assistant Chief Financial Officer
By ____________________________
Miriana Gonzalez
Deputy Human Resources Director
Dated: _________________________ Dated: ________________________
APPROVED AS TO FORM
___________________________
Attorney
APPENDIX A
APPENDIX B