1 MEMORANDUM OF UNDERSTANDING BETWEEN
THE REPRESENTATIVES OF MANAGEMENT FOR
THE CITY OF RIVERSIDE
AND
RIVERSIDE POLICE ADMINISTRATORS' ASSOCIATION
PREAMBLE
The purpose of this document is to set forth the full terms and conditions of employment for the Police Administrators’ Association Unit for the term December 2, 2016January 1, 2022 through December 31, 202 13 or through any agreed upon extension. This consolidated Memorandum of Understanding is entered in to with reference to the following facts:
Representatives of Management for the Cit y of Riverside (her eafter "City") and representatives of the Riverside Police Administrators’ Association (hereafter "Association" or "RPAA") have met on a num ber of occasions and have conferred in good faith exchanging proposals concerning wages, hours, fri nge benefits and other terms and conditions of employment for Lieutenants and Captains in the Police Administrators’ Unit represented by the Association.
ARTICLE 1: RECOGNITION CLAUSE
Pursuant to the provisions of the Meyers -Milias-Brown Act, Gove rnment Code Section 3500, et seq., the City of Riverside recogniz es the Riverside Police Administrators’ Association as the bargaining representat ive of the employees in certain sworn management ranks employed by the River side Police Department hereinafter the ‘Association’ as follows:
Administrators Unit Included: The classifications of Police Lieutenant and Police Captain including those assigned to the rank of
Deputy Chief.
Excluded: All other sworn safety ran ks, all civilian employees, executive, confidential employees, part-time
employees and those at-will on contract.
.
2 ARTICLE 2: PAY PRACTICES
Section 2.1 GENERAL PAY
2.1.1 The salary range for top step Lieutenant shall be maintained at a level at least thirty-four and nine one thousandths percent (34.009% ) above that of top
Sergeant.
2.1.2 The salary ranges for top step captain shall be
maintained at a level at least fifteen and seventy-four one-hundreds percent (15.74%) above that of top step
Lieutenant.
2.1.3 Wage increases during t he term of this agreement will be as follows: 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 property tax only, excluding local meas ures), the Transient
Occupancy Tax, and the Utility Consumption Tax.
Payments will be based on audited financials for each
fiscal year.
2.1.3.1 Effective the first pay period following January 1, 2018July 8, 2022 , the base salary shall be
increased by five percent (5%) 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 2015-20 16 to fiscal year 2016-
2017.
2.1.3.2 Effective the first pay period following January July 1, 201923, the base salary shall be increased by
five and a half percent (5.5%) 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 2016-20 17 to fiscal year 2017-
2018.
2.1.3.3 All represented RPAA City employees as of the
date payment is made s hall receive a one-time
3 non-PERSable stipend of $10, 000 to be paid with
the first pay period a fter City Council approval .
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.
2.1.3.4 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.
2.1.4 Effective the pay period following Council adoption of this agreement (2016-2021), Lieutenants assigned as
Watch Commanders will receive a 5% patrol premium
stipend. Effective the pay period following Council
adoption of the first Retirement cost-sharing increase
for Tier 1 employees as outlined under Article 9,
Section 9.1, the stipend will be reduced to 2.5%.
2.1.5 Effective the pay period follo wing Council adoption of this agreement (2016-2021), Lieutenants assigned as Watch
Commanders shall receive a shift differential pay when
assigned to the following shifts:
o Graveyard Shift: $30 per shift
o Swing Shift: $22.50 per shift
2.1.6 Employees covered by this Memorandum of
Understanding are exempt from the Fair Labor
Standards Act overtime pay requirements.
2.1.7 When assigned as Watch Commanders, Lieutenants
shall be eligible to receive additional pay for actual
hours worked, beyond the regular work schedule, at the
employee’s regular rate of pay (straight time).
Section 2.2 STEP PROGRESSION
2.2.1 The years of service requi rement for eligibility for merit increases on appointment or promotion are:
4 2.2.1.1 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 or Management 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.
2.3.4 POST Management Certif icate – Effective the pay
period following Council adoption of the Retirement
cost-sharing increase for Tier 1 employees outlined
under Article 9, Section 9.1, an additional 2.5%
premium pay shall be granted to all eligible unit
members who possess a POST Management
Certificate, in addition to the Intermediate or Advanced Certificate premium pay.
The 2.5% increase for POST certificates given during
the term of this agreement is effective retroactive to
July 1, 2015.
Section 2.4 BILINGUAL PAY
The bilingual stipend shall be an addi tional three percent (3%) of base salary.
Section 2.5 COMPENSATION, HOURS AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT IN RELATION TO THE RPOA
SUPERVISORY UNIT
2.5.1 In the event that, during the term of this Agreement, the compensation, hours or other terms and conditions of
employment within the scope of representation, as
5 defined in California Government Code section 3504, of all or some employees in the classification of Police
Sergeant are improved (her einafter referred to as
“fringe benefit improvements”), whenever possible, the
same fringe benefit improvem ents shall be provided
under the same terms to comparable employees in the
management unit. Examples of fringe benefits
include, but are not limited to, employer contributions toward the payment of premiums for health insurance,
life insurance, disability insurance and other insurance for employees and eligible dependents, employer paid
deferred compensation contributions, tuition
reimbursement, education or P.O.S.T. incentive pay,
paid leave benefits, employ er paid post-retirement
health insurance contributi ons, FMLA/CFRA benefits,
overtime compensation, re tirement benefits, hours of
work, assignment pay, bilingual pay, and all other
premium payments and bonuses, as well as future
fringe benefits which may be provided to employees in
the classification of Police Sergeants.
2.5.2 If it is not possible or practical to provide the same fringe benefit improvements to comparable
employees in this management unit, those
comparable employees shall be afforded fringe
benefit improvements of at least equal value. If
the parties are able to agree on the net value of
those fringe benefit improvements but are unable
to agree on their form or nature, the
improvement shall be afforded in the form of an
across the board salary increase, which shall
increase the minimum differential set forth above
in section 2.1.1 of this Agreement.
2.5.3 In the event that, during the term of this
Agreement, the wages, hours or other terms and
conditions of employment within the scope of
representation, as defined in California
Government Code Section 3504, of all or some
employees in the classification of Police
Sergeant are reduced (hereinafter referred to as
“fringe benefit reductions”), the Association shall
elect whether employees in this management
unit shall experience a reduction of equal value.
If the Association elects to avoid the reduction
and, thereafter, employees in the classification of
6 Police Sergeant reacquire all or a portion of the
reduced fringe benefits, employees in this
management unit shall not then be entitled to
receive those improvements or improvements of
equal value pursuant to this Agreement.
Section 2.6 DEFERRED COMPENSATION
2.6.1 The City shall make avail able to affected employees its 457 deferred compensation programs.
2.6.2 The amounts remain subjec t to limits established by plan administrators or the Internal Revenue Service.
2.6.3 The City will contribute $ 200335 per month to Association members’ deferred compensation plans effective with the first pay period after City Council approval of this contract.
Section 2.7 TUITION REIMBURSEMENT
The City shall provide tuition reimbursement for employees represented by the Association up to a maximum of $1,500 annually. The parties adopt t he 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 A.
ARTICLE 3 HOURS AND OVERTIME
Section 3.1 HOURS OF WORK
Employees in the classification of Police Lieutenant shall work a “4/10" work schedule consisting of four (4) consecutive ten (10) hour work days and three (3) consecutive days off in a seven (7) calendar day period. , and employees in the classification of Police Captain will work a “9/80” work schedule consisting of eight nine- hour days and one eight-hour day over a two-week period or a “4/10” schedule as described above for the period of this MOU.
Determination of which of these two schedules will be determined by the Chief of Police.
3.1.1 MEAL PERIODS
Lieutenants shall continue to be scheduled for the 4-10
7 program and their meal per iods will continue to occur during the ten hour shift.
3.1.2 EXCLUSIONS
Light duty assignments, special assignments and/or
major operations may be excluded from the 4-10
program at the discretion of the Chief, or designee.
Such schedules will be determined by the Chief.
Personnel applying for such special assignments will
be notified of the applicable sch edule prior to the time applications for the assignment are due.
ARTICLE 4 GENERAL PERSONNEL PROVISIONS
Section 4.1 TAKE HOME CARS
It is recognized that employees in the classifications of Police Lieutenant and Police Captain are routinely subject to call-out during non-duty hours, wit h the expectation of rapid response. To facilitate such a rapid response Police Lieutenants and Police Captains are assigned a City vehicle an d are restricted to driving it for City business purposes only and to and from work in accordance with Department policy.
Section 4.2 UNIFORMS
4.2.1 The Lieutenant and backup Lieutenant assigned to the SWAT team will receive from t he City one set of the following items:
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
8 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
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, accumulat ed and unused sick leave credit shall be paid on the following basis:
5.3.1 Every person who has been employed as a sworn
peace officer with any organization for a period of five years or more, but less t han 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 immediately preceding said
employee's death the estate or beneficiary of the
9 deceased shall receive said payment.
5.3.2 Every person who has been employed as a sworn
peace officer with any organization for a period of ten years or more immediately pr eceding said retirement or disability retirement 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 employed for said continuous period
immediately preceding said employee's death, the
estate or beneficiary of t he deceased shall receive said payment.
5.3.3 The City and RPAA ma y request a reopener no later than December 1, 20 1723 regarding 75% sick leave
balance payout upon retirement.
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 5.4.3, which is attached hereto and incorporated herein by reference.
5.4.1 All regular, full-time em ployees 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 sister, 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 thirty-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
10 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
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 state law military leave
provisions.
5.5.2 Regular employees on appr oved Military Leave shall be entitled to their regular salary and compensation as a
City employee for the first 30 calendar days of such
leave in any fiscal year. Benefits are applied in
accordance with Human Resources Policy.
5.5.3 The City shall provid e 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.
11 Section 5.6 LEAVE OF ABSENCE
5.6.1 Employees are entitled to request a leave of absence from work in accordance with the terms and provisions
of the City of Riverside’s Leave of Absence Without Pay (General) Policy of the Human Resources Policy and
Procedures Manual.
5.6.2 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 of up to 176 hours per year for the Association Board.
Section 5.8 ADMINISTRATIVE TIME
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 concerning 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 such case, the employee shall be permitted to take his/her vacation immediately upon return to regular duties.
ARTICLE 6 VACATION
Section 6.1 POLICY
Vacation leave shall be schedu led 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.
Section 6.2 VACATION SCHEDULE
12 The vacation accrual rates for RPAA represented employees shall be at the 200 hours per year level regardless of how long they have been employed by the City of Riverside.
Section 6.3 ANNUAL VACATION BUY DOWN
Represented employees shall have an annual option to convert to cash up to two hundred (200) hour s of accumulated vacation benefits. The employees shall re ceive the same compensation for the hours converted as would ha ve been provided had they used those hours to receive time off with pay at the time the option is exercised. The option shall be exercised during January of each year and the payment shall o ccur in the ensuing November, provided that the option can be rescinded or modified any time prior to the ensuing November 1
st.
Section 6.4 Every unit member with more than 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 501 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.
ARTICLE 7 HOLIDAYS
Section 7.1 JULY 7, 1970 MOU TERMS
Notwithstanding the terms of the Ju ly 7, 1970 MOU, the Association waives observance of the Cesar C havez holiday during the term of this MOU.
Section 7.2 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 (Effective 2017) Memorial Day – Last Monday in May
Juneteenth – June 19
th
13 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 7.3 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.
Section 7.4 OBSERVANCE OF HOLIDAYS
7.4.1 At the discretion of the Chief aA ll unit members will have an option to observe, bank or receive pay for
each holiday at straight time. on the date of the holiday except under provisions of section 7.5.3.
7.4.2 If an authorized holiday fa lls on a Sunday, the following Monday shall be treated as the holiday. If an authorized holiday falls on a Saturday, the preceding Friday shall be treated as the holiday.
Section 7.5 HOLI DAY TIME CREDIT
For all members in this bargaini ng unit holiday time shall be credited based on scheduled shift hours that the employee would have worked on that holiday.
7.5.1 For all members in this bargaining unit, when a holiday falls on the employee's normal day off, the employee
may be compensated in one of three ways: (1) The
employee may elect to take the holiday off on another
day within that same pay period; (2) The employee may
receive cash payment equal to the value of the holiday; or (3) The employee may bank the holiday, deferring
receipt of compensation unt il the last pay period in
November.
ARTICLE 8: EMPLOYEE INSURANCE
Section 8.1 MEDICAL / DENTAL
14 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:
Dec 2013 Dec 2014
Employee
$480 $480
Employee plus one (1)
dependent
$850 $850
Employee plus two (2+) or
more dependents
$1,122 $1,122
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
increase in cost of health insurance premiums will be
divided equally between the City and the employees.
This provision shall not apply to individuals with
employee only coverage until the premium exceeds the
amount of 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 150
employees.
8.1.4 The contributions do not apply to the third payroll period in any one month.
15 8.1.5 Employees who do not elect to participate in the City’s health insurance program and can show proof of
insurance shall receive a stipend of $2,000 the last
payroll period in November of each year. Employees
must be employed through the end of the last payroll
period in November to qualify for this benefit. Current employees on payroll through November who did not
work the entire 12-month period shall earn the stipend
on a pro-rata basis.
Section 8.2 LIFE INSURANCE
The City will provide RPAA r epresented employees term 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 contribute 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 a RPAA represented empl oyee does not participate in the Long Term Disability (LTD) program the City will
contribute an additional $15 per month to the City’s
deferred compensation program for that Association
member.
ARTICLE 9: RETIREMENT
Section 9.1 RETIREMENT PLAN
The City offers a defined retire ment benefit plan through the California Public Employees’ Retirement System (CalPERS) and there are three (3) tiers for th is MOU depending on date of hire which define the various retirem ent levels for the member’s retirement formula, fi nal compensation calculation and employee contribution/cost sharing as follows:
A Tier 1 – Employees hired before February 16, 2012
The retirement formula is 3% @ 50 years of age. Final
16 compensation is calculated as t he average of the single highest year based on the highest twelve (12) consecutive months. The City shall pick up each affected employee’s required member contribution to CalPERS not to exceed nine percent (9%) of the affected employee’s compensation reported to CalPERS. Said PERS pickup shall be credited to the employee’s account with CalPERS.
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.
Effective the first pay period foll owing 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 follo wing 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).
Upon approval of this MOU (2022-2023) and effective with the first pay period following City Council approval of the CalPERS contract amendment of this cost-sharing provision, represented employees in Retirement Tier 1 shall pay an additional portion of the required employer contribution equal to one percent (1%) of pensionable income pursuant to the cost-sharing provisions set forth in the California Government Code Section 20516(f).
17 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 percent (1%) of pensionable income pursuant to the cost-sharing provisions set forth in California Government Code Section 20516(f).
Effective the first pay period follo wing 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).
B..Tier 2 – Employees hired on and after February 17, 2012 and until December 31, 2012 and employ ees hired on or after January 1, 2013 who are not "new member s" as defined by the Public Employees Pension Reform Act (PEPRA) in California Government Code Section 7522.04(f).
The retirement formula is 3% @ 50 years of age. Final compensation is calculated as the average of the three (3) highest years. Employees in Tier 2 mu st pay 100% of the employee’s required member contribution to CalPERS.
C. Tier 3 – Employees hired on or after January 1, 2013 and who are defined by the PEPRA as "new members."
The retirement formula is 2. 7% @ 57 years of age. Final compensation is calculated as the average of the three (3) highest years. Employees in Tier 3 mu st pay 100% of the employee’s required member contribution to CalPERS.
9.1.1 The above PERS pick up shall not be considered as base salary but shall be considered employer
contribution pursuant to Section 414(h)(2) of the
Internal Revenue Code.
9.1.2 The city shall prov ide the One-year Highest
Compensation benefit for a ll Police Unit employees
hired on or before February 16, 2012.
(Government Code Section 20042
Pursuant to California Government Code Section
20636(c), the City will report Employer Paid Member
Contributions (EPMC, i.e., "the pick up" described
18 above in Section 9.1A) of pensionable income to the
Public Employees Retirement System (PERS) each pay
period to ensure the amount is calculated in the
employees final calculation of compensation for
retirement.
9.1.3 The City will contract with Public Employee’s
Retirement System to provide the ½ Widow’s
continuance option, known to PERS as the ‘1957
Survivor Benefit’ to all employees in the RPAA unit.
9.1.4 The City will contract with PERS for the third level 1959 Survivors’ Benefit.
Section 9.2 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.
9.2.1 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) for every active employee in this unit of representation who is in a paid status. Until the trust fund has been established, the 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.
9.2.2 Effective January 1, 2008, the City will contribute one hundred dollars ($100) monthly for every active employee in this unit of representation into said fund.
9.2.3 The trust shall provide post -retirement medical benefits only to individuals who have retired under any of the following conditions:
1. A service retirement withi n fifteen (15) or more years of sworn service with Riverside Police Department.
2. An industrial disability retirement with the City of Riverside.
9.2.4 The Association agrees to allow the City to audit the books and records of the trust at the City’s request.
19 9.2.5 Upon retirement of an employee in this unit of representation, the city shall make pre-tax (to the extent permitted by the Internal Revenue Service) contributions to the retiree’s PORAC Retiree Medical Trust – Individual
Account (or such other Trust the RPAA may designate from time to time) in an amount equal to 80% of the value of the combined vacation and sick leave payout entitled the
employee pursuant to Section 5.3 of this MOU based upon the employee’s rate of pay immediately preceding
retirement. The remaining 20% of the vacation and sick leave payout entitlement shall continue to be paid in cash to the employee upon retirement. These contributions shall only be used to pay retiree health insurance premiums or health services expenses, in accordance with the terms of the Trust. The employee shall not have the option to receive a cash contribution for the value of the vacation and sick leave benefits contributed to the Trust fund in lieu of making those contributions.
The RPAA has the right to alter the percentage of leave balance contribution from the 80% of the value of the
combined vacation and sick leave payout entitled to the employee pursuant to §5.3 of this MOU based upon the
employees rate of pay immediately preceding retirement
during the course of this agreement, on a uniform basis, for all RPAA members, subject to approval of the its members according to the RPAA’s internal rules.
The City’s obligation to pr ovide pre-tax deposits would remain subject to Internal Revenue Service rules as they may be revised in the future. Should the Internal Revenue Service later determine that these contributions are no longer permissible on a pre-tax basis, the parties shall meet and confer in good faith to pursue alternative approached for providing comparable benefits. If the parties are unable to reach an agreement, the retiree shall receive the entire vacation and sick leave payout in cash pursuant to Section
5.3 of the MOU.
The parties understand that this amendment shall in no way obligate the City to incur any additional costs or obligations beyond those already set forth in the MOU.
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.
20 Section 9.3 HEALTH INSURANCE FUND FOR RETIREES (1991 Plan)
9.3.1 The City has establishe d the RPOA/City of Riverside Fund (hereafter "Fund") for retirees in the amount of
$750,000. That amount to be prudently invested so that
it draws or bears interest. RPAA has no responsibility for administration of this RPOA Health Insurance Fund.
9.3.2 The principal of the Fund will be used to help pay premiums for group health insurance for police retirees from classifications belonging to the non-management
unit covered by this agreemen t, or retirees from the
Police Management Unit who were employed under the
agreement during a period of salary contribution to the fund, regardless of retirem ent date, subject to the
following conditions:
9.3.2.1 The Fund shall cont ribute Seventy-Five dollars ($75.00) per month for employees who retired
prior to June 1, 1990.
9.3.2.2 The Fund shall co ntribute One Hundred Fifty
dollars ($150.00) per month for employees who
retire on or after June 1, 1990.
9.3.2.3 Notwithstanding the above amounts, in no event
shall the contribution exceed the dollar amount
being contributed to current employees at the
employee only rate.
9.3.2.4 In order to be elig ible, regardless of date of retirement, an employee mu st meet the following
eligibility requirements:
9.3.2.4.1 An employee who receives a service
retirement or a non-industrial disability
retirement must have twenty (20) years'
service in law enforcement as a sworn
employee; of those 20 years a minimum
of fifteen (15) years must be served as a
sworn employee with the City of Riverside
Police Department and the employee
must have retired from the City.
9.3.2.4.2 Subject to the following provisions, an
21 employee who receives an industrial
disability retirement will be eligible after
years of active service plus years on
disability retirement equal 20, provided
that the industrial disability retiree has
served a minimum of five (5) years with
the City of Riverside Police Department in
a sworn capacity. Years of active service
may include up to five (5) years sworn law
enforcement service with another agency.
The RPOA/City Advisory Group may
make exceptions to the total years of
service requirement for industrial disability
retirements in case of catastrophic injury
or other compelling ci rcumstances. In the
event the Advisory Group is deadlocked
on any such question the matter shall be
referred to expedited binding arbitration.
9.3.2.5 The spouse of a retiree for whom the City is
making contributions may el ect, upon the death of
the retiree, to continue in the same plan for up to
five (5) years at his/her own expense.
9.3.2.6 A retiree whose perso nal annual income, including retirement payments but excluding deferred
compensation withdrawals, exceeds the then
current maximum base salary for the position held
at time of retirement wil l not be eligible for City
contributions during the ensuing year.
9.3.2.7 A retiree who is eligible for coverage under a
different plan by virtue of his/her own employment
or spousal employment is not eligible for such
contributions during the period of such coverage.
9.3.2.8 It is contemplated that retirees who are temporarily disqualified under paragr aphs 9.3.2.6 and/or
9.3.2.7 above may, at some time, no longer be
ineligible under the criteria of those paragraphs. In
such event, if during the period of ineligibility they
did not maintain coverage in a City sponsored
health insurance program at their own expense,
they may apply for readmission to a City
sponsored health insurance program for retirees. If
the insurer will not let them back in and they
22 qualify for and obtain an individual program of
medical insurance, the Fund will make the
appropriate contributions to them for so long as
they remain insured and eligible. Neither the
Association nor the City is a guarantor of
readmission or admission to a City sponsored
group health plan or to any other health insurance
plan.
9.3.2.9 The City will not be requested to augment this particular Fund except as follows:
9.3.2.9.1 When t he amount in the Fund equals or is
less than the equivalent of a one percent
(1 %) salary increase for the bargaining
unit, the Association may request that the
remainder of the Fund be applied one-half
to the salary schedule and the other half
revert to the City, or in connection with the
next negotiations, propose that a new
Fund be established or that the amount in
the Fund be increased.
9.3.2.9.2 If the trigger point has been reached
(Fund equals 1 % salary increase) and
there is a significant chance the Fund may
exhaust itself before expiration of the then
current Memorandum of Understanding
the Association may request a reopener
limited to the issues of retiree health
insurance fund and salaries.
9.3.2.9.3 Any current empl oyee who retires relying
in whole or in part upon the availability of
this benefit is not entitled to a continuation
of the benefit beyond the funded amount.
The continuation of this benefit is subject
to the negotiating process and may be
terminated through negotiations or by
exhaustion of the Fund amount. In such
event, the retiree will have no further right
or entitlement to a continuation of this
benefit. The rights of employees who
have retired as of the date of this
agreement are subject to the same
23 limitations and conditions.
9.3.2.10 Entering into this agreement neither the
Association nor the City is guaranteeing that City
sponsored coverage will be available for persons
who have retired prior to th e effective date of this
agreement. If City sponsored coverage is not
available for any such retiree, he/she will be
entitled to apply the contribution to payment of
premiums for another health insurance plan in
which he/she is enrolled. This section 9 titled
"Health Insurance Fund For Retirees (1991 Plan)"
is subject to the savings and separability language
of this Memorandum of Understanding and it is
understood and agreed that th e voiding of one or
more components of this program will not
automatically void the remaining components of
the program.
9.3.2.11 A joint Association/City advisory committee will review claims for contributions and decide
disputed claims; and shall be provided with
periodic reports as to the status of the Fund. The
committee will consist of two members appointed
by the Association and two members appointed by
City management.
9.3.2.12 The establishment of this Fund is based on the principle that it is "gov ernmental" and, therefore,
exempt from ERISA. Any effort or enactment to
bring this Fund under ERISA will cause the
immediate dissolution of the Fund with one-half
the remaining principal to be distributed in equal
lump sums to the participating members and one-
half to revert to the City.
9.3.2.13 The City's obligation is limited to contributions; it is not a guarantee of coverage. The City reserves
the right to provide alte rnate plans and carriers,
including a plan geared specifically for retirees.
9.3.2.14 As soon as practi cable following the date of
agreement, the City and Association shall arrange
for the transfer of the then current Fund to the
Association pursuant to the Protocol for Transfer
and letter from counsel for the Association dated
24 May 10, 1999.
9.3.2.15 The City and the RPOA will develop a process
(such as the Insurance Advisory Committee) to
review and thereafter comple te a review of retiree
health savings account options. Once completed,
the parties may jointly agree to present proposals
to City Council for consideration.
9.3.3 Enrollment Provis ions for Post 1991 Hires
9.3.3.1 Unit members who were hired after July 1, 1991
and who have not already contributed to the
RPOA / City of Riverside Fund (hereafter “Fund”)
either by direct contribution or by deferring the
agreed upon percentage of pay shall have a one-
time opportunity to participate in the Fund as
follows:
9.3.3.2 Between September 1 and September 30, 1998
such unit members may elect to participate in the
Fund by authorizing a payroll deduction equal to
five percent (5%) of the current gross salary
(exclusive of P.O.S.T.) of a top step patrol officer
for a period of one (1) year, which sum will be
deposited with the Fund. As an alternative, such
unit members may elect to make a one-time
payment of the total amount into the Fund. A unit
member hired after July 1, 1991 who has not yet
completed his or her probationary period shall be
subject to the conditions of section 9.4.3.4 below.
9.3.3.3 Unit members electi ng not to contribute shall be deemed to have waived participation in the Fund.
9.3.3.4 Unit members hired after ratification of this
agreement shall be provided the same election
opportunity as described in paragraph 9.3.3.2
above during the thirty (30) day window period
following satisfactory completion of their
probationary periods.
9.3.3.5 The Memorandum of Understanding language
which provides that eligible employees include
retirees from the Polic e Management Unit “(now
known as RPAA),…who were employed under the
25 agreement during a period of salary contribution to
the fund, …” shall apply to unit members electing
to contribute and partici pate under the terms of
this section and shall be interpreted to apply to
eligible retirees from both the Police Management
Unit and the Police Supervisory Unit.
9.3.4 Fund Transfer (1991 Plan)
As soon as practicable the City and Association shall
arrange for the transfer of t he Retirement Fund (1991
Plan) to the Association pur suant to the Protocol for
Transfer and letter from counsel for the Association
dated may 10, 1999 both of which are attached as
exhibit C. Even though said letter identifies a particular investment brokerage firm to act as investment advisor
to the Trust; the parties agr ee that the Association may utilize any other comparabl e registered investment
advisor firm.
Section 9.4 RETIREMENT HEALTH SAVINGS PLAN
The RPAA 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 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 ADJUSTED TIME ACCRUAL
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.
26 Travel time to or from a mandatory training location outside the City of Riverside will likewise be adjusted at straight time on an hour-for-hour basis.
Mandatory training time and/or training travel time in a single day which constitutes 80% or more of an employee’s regularly scheduled shift hours, may be adjusted on a day-for-day basis at the discretion of the Training 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 employees represented by RPAA are required or ordered to attend by police management.
Sworn employees of the River side Police Departm ent shall be entitled to Adjusted Time, also re ferred to as “Adjusted Days Off.” Accrual and use by RPAA mem bers shall be in accordance with and subject to the provisions of RPD policy.
Adjusted Time will be credited on an hour-for-hour basis to an employee’s Adjusted Time Bank for training or approved extra duty occurring outside of the employee’ s regularly scheduled work hours.
RPAA Members who are assigned to attend training on their regular day(s) off shall only receive Adjusted Time as compensation for those hours.
RPAA members who work appr oved extra duty assignments on their regular day(s) off may receive Adjusted Time as compensation at the employee's request. Employees who earn Adjusted Time for any reason shall enter t hat accrual of time into Telestaff for the day on which it was earned. The employee shall enter a notation in the Telestaff system, along with the time entry, describing the training course or other activity for which Adjusted Time was earned.
Section 10.2 ADO SCHEDULING DAY-FOR-DAY ADJUSTED TIME
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.
For those employees assigned to an alternative work week schedule, such as a 9/80 or 4/ 10, Adjusted Time for mandatory
27 training may be credited on day-for-day basis at the discretion of the Training Bureau Commander or the employee’s Division
Commander. This option shall only apply where the mandatory training hours attended on a particular day constitute at least 80% of the employee’s regularly scheduled work hours.
Section 10.3 28 DAY WORK PERIODS IDENTIFIED ADJUSTED TIME USE
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 RPAA member, or provide such information to the police accounti ng section who will generate a calendar and disseminate it to all sections, which shows the work period for each RPAA member and which indicates the length of that period and its starting time.
Employees should use Adjusted Time within the same 28-day payroll cycle in which it is earned. If extenuating circumstances prevent an employee from using accrued Adjusted Time within the same 28-day cycle, he or she shall obtain supervisor approval and make arrangements to use that time as soon as practicable thereafter.
Employees may use Adjusted Time s ubject to the same limitations as discretionary leave banks, incl uding but not limited to minimum staffing concerns and obtaining advanced supervisory approval.
In the event that an employee's preferred day(s) of use are not available, the supervisor shall schedule the employee to use his/her Adjusted Time during any available shift within the 28-day payroll cycle. Whenever possible, the super visor entering or approving the accrual of Adjusted Time shall schedule its use at the same time.
Employees shall use Adjusted Time first, before any discretionary leave banks are used. Adjusted Time shall be subject to the same FMLA provisions as other leave banks.
Section 10.4 28 DAY NOTICE WAIVER ADJUSTED TIME BANK LIMITATIONS
A member may voluntarily waive his/ 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.
Adjusted Time is non-compensable and has no cash value. The Adjusted Time Bank shall be limi ted to a maximum accrual of 80
28 hours. Employees who have re ached the 80-hour maximum may not earn additional Adjusted Time until they use their previously accrued Adjusted Time.
Section 10.5 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 10.6 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
All assignments for employees represented by the Association are determined by the Chief.
ARTICLE 12: PROMOTIONAL PROCESS
Section 12.1 Subject to change these condi tions guide the application process for filling a position opening for Captain:
12.1.1 All applicants must have completed probation,
12.1.2 Possess a Baccalaureate or higher degree from an accredited college or university at the time of application,
12.1.3 Submit an application wi th a brief resume attached (Applicants remain on the eligible list for two (2) years from the date of closing),
12.1.4 Submit to an exami nation by an inside oral board consisting of two (2) sworn command staff members of the rank of deputy chief or above. The oral board will review each applicant’s Personnel File and resume and later
discuss all candidates’ qualifications with the Chief of Police.
12.1.5 The Chief of Police will individually interview as many applicants as deemed necessary to select for the vacant or
29 created position(s).
12.1.6 Lieutenants who are not eligible to promote at the time of the announcement, but beco me eligible within six (6) months of the expiration of t he current Captain promotional list, may submit an application and resume for inclusion on the list. However, prior to f illing vacant or created positions, the applicant must also be subject to the same interview and review process. Those newly eligible Lieutenants will expire from the two year list at the same time the original list expires and they must reapply as outlined above.
Section 12.2 RECLASSI FICATION POLICY
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: 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. The curr ent Drug Policy is found in Appendix B.
ARTICLE 14: REPLACEMENT OF PERSONAL ITEMS
14.1 The City will reimburse Un it members for lost and/or damaged personal items subject to the following
conditions:
14.2 Such items are required fo r the job, but not provided by the City.
14.3 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.
14.4 Total reimbursement per employee pursuant to this policy shall not exceed $100 per fiscal year. Subject to the same dollar limitation, reimbursement for civilian
clothes shall be at the leve l equal to the comparable
uniform component.
14.5 Reimbursement shall not be required where the
30 employee's insurance covers the item.
14.6 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.
14.7 Utilization of this policy fo r 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 or remedies in connection with additional incidents
during the same fiscal year.
ARTICLE 15: GRIEVANCE PROCEDURE
Section 15.1 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 15.2 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 specific wr itten provisions of a Memorandum of Understanding, the City's salary and fringe benefit resolutions, or the City's written personnel policies and procedures.
Section 15.3 POLICY
Regular employees shall use the hereinafter prescribed procedure for grievances arising out of t he 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.
15.3.1 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.
15.3.2 Time Limits - The time limits herein are maximum time limits; however, time limits may be extended by
31 mutual agreement.
15.3.2.1 In the event the grie vant fails to meet a time limit, such failure shall constitute a waiver of
the grievance.
15.3.2.2 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.
15.3.3 Arbitration Co sts and Selection –
15.3.3.1 Only for Associat ion approved actions, the
cost of the services of a hearing officer/arbitrator,
including but not limited to fees, per diem expenses
and travel and sustenance expe nses will be borne by
the losing party. If the ident ity of the losing party is not clear from the award, and/or the parties disagree
on who is the losing party, they may request the
arbitrator to designate the losing party for purposes of this clause. All other costs shall be borne by the party incurring them. For the purpose of this agreement, a
decision by a hearing officer/ arbitrator which rescinds a demotion or termination will be considered a loss by
the City.
15.3.3.2 Only for Association approved actions, prior
to requesting the hearing officer/arbitrator, the
Association shall deposit with the City $3,000 to be
used to pay all or a porti on of the cost described
above. If the Association or Association member is
deemed not to be the losing party the deposit will be
returned by the City within 30 days of receipt of
hearing officer/arbitrator’s decision. Without this
deposit, both parties agree t hat a hearing will not be scheduled, regardless of circumstances.
15.3.3.3 If the parties are unable to agree upon a
hearing officer or arbitrator, hearing officers and
arbitrators shall be select ed from a panel submitted
by the California State C onciliation Service; each
party shall alternately strike names until there is one remaining.
Section 15.4 PROCEDURE
32 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: 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: 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
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.
33 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 pursuant to Code
of Civil Procedure Section 1285
et seq.
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 will be included
in the Riverside Police Department
Policy and Procedures Manual.
ARTICLE 16: AGENCY SHOP
34 16.1 The Agency Shop provisions shall be applied for the term of this agreement as follows:
16.2 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.
16.3 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
16.2 16.4 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.
16.5 The parties agree that t he obligations herein are a condition of continued empl oyment for unit members.
The parties further agree that 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, generally, just and reasonable cause for termination.
16.6 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.
16.7 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
35 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:
16.7.1 Riverside Police Officers Memorial Fund
16.7.2 Heart Association
16.7.3 American Cancer Society
16.8 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.
16.9 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.
16.10 The Association sh all keep an adequate itemized
record of its financial transactions and shall make
available annually to the Cit y 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
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.
36 16.11 This organizational securi ty 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).
16.12 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 17 NO CONCERTED ACTIVITIES
17.1 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.
17.2 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 ar e engaging in unlawful
conduct and that they should immediately cease
engaging in such conduct and resume full and faithful
performance of their job duties.
17.3 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 18: PROVISIONS OF LAW
18.1 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
37 conditions of employment. Ther efore, it is agreed that all ordinances, resolutions and policies, including the Employer-Employee Relations Resolution, Meyers-
Milias – Brown Act 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
hereto 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 Article I , Sections 4 and 5, and Article II Section 1 B of Resolution No. 15079, or its successor, if any.
18.2 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.
18.3 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. If any provision is, 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.
18.4 Upon ratification by the membership of the Association and by the City Council this MOU shall be effective
through December 31, 20213.
38 MEMORANDUM OF UNDERSTANDING 201622-20213
CITY OF RIVERSIDE, RIVERSIDE POLICE ADMINISTRATORS’ ASSOCIATION
FOR THE LIEUTENANT AND CAPTAINS UNIT
MANAGEMENT REPRESENTATIVES RIVERSIDE POLICE
CITY OF RIVERSIDE AD MINISTRATORS’ ASSOCIATION
By ____________________________ By ___________________________ John Russo Dan Hoxmeier
City Manager President
By ____________________________ By ___________________________ Alex Nguyen Julian Hutzler
Assistant City Manager
By ____________________________ By ___________________________ Marianna Marysheva Eric Charrette
Assistant City Manager
By ____________________________
Sergio Diaz
Chief of Police
By ____________________________
John Wallace
Deputy Chief of Police
By ___________________________ Dated:
Pia Rose
Acting Human Resources Director
By ___________________________
Adam Raymond
Assistant Chief Financial Officer
Dated: _________________________
Approved as to Form
Attorney
39 APPENDIX A
40 41
42 43
44 45
46 APPENDIX B
47 48
49 50
51 52
53 54