RESOLUTION NO. 2024-06-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING PURSUANT TO THE CALIFORNIA MEYERS-MILIAS-BROWN ACT BY AND BETWEEN THE CITY OF SIGNAL HILL AND THE SIGNAL HILL POLICE OFFICERS’ ASSOCIATION WHEREAS, it is the purpose of the Meyers-Milias-Brown Act (Government Code § 3500 through 3510, as amended) to strengthen merit, civil service, and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communication between employees and the public agencies by which they are employed; and WHEREAS, the current Memorandum of Understanding between the City of Signal Hill and the Signal Hill Police Officers’ Association will expire on June 30, 2024; and WHEREAS, upon request by representatives of the Signal Hill Police Officers’ Association, representatives from City management and the aforementioned employee association met and conferred regarding a successor Memorandum of Understanding; and WHEREAS, the attached Memorandum of Understanding, which by this reference is made a part of this resolution as if set forth herein in full, has been prepared pursuant to the Meyers-Milias-Brown Act and has been approved by the Signal Hill Police Officers’ Association.
NOW, THEREFORE, the City Council of the City of Signal Hill, California, does hereby resolve as follows:
The Memorandum of Understanding attached hereto as Exhibit A complies with the purpose of the Meyers-Milias-Brown Act and is suitable for acceptance by the City of Signal Hill.
The Memorandum of Understanding shall be subject to all applicable laws and shall be effective to cover the period from July 1, 2024, through June 30, 2027.
The Memorandum of Understanding by and between the City of Signal Hill and the Signal Hill Police Officers’ Association is approved to become effective July 1, 2024, and shall be executed by the Mayor of the City of Signal Hill.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Signal Hill, California, this 11th day of June, 2024.
LORI Y. WOODS
MAYOR
ATTEST:
DARITZA GONZALEZ
CITY CLERK
STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF SIGNAL HILL ) I, Daritza Gonzalez, City Clerk of the City of Signal Hill, California, hereby certify that Resolution No. 2024-06-XXXX was adopted by the City Council of the City of Signal Hill at a regular meeting held on the 11th day of June, 2024 and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
DARITZA GONZALEZ
CITY CLERK
CITY OF SIGNAL HILL MEMORANDUM OF UNDERSTANDING (MOU)
PURSUANT TO THE CALIFORNIA MEYERS-MILIAS-BROWN ACT
COVERING THE PERIOD OF JULY 1, 2024 – JUNE 30, 2027
BY AND BETWEEN
THE SIGNAL HILL POLICE OFFICERS’ ASSOCIATION AND
THE CITY OF SIGNAL HILL
Exhibit A
TABLE OF CONTENTS
SECTION 1 INTRODUCTION 1
SECTION 2 RECOGNITION 2
SECTION 3 SPECIAL ASSIGNMENTS 3
SECTION 4 ACCESS TO WORK LOCATIONS 4
SECTION 5 VACATION 5
SECTION 6 SICK LEAVE 8
SECTION 7 BEREAVEMENT LEAVE 11
SECTION 8 INDUSTRIAL LEAVE 12
SECTION 9 TEMPORARY DISABILITY LEAVE 13
SECTION 10 TEMPORARY MILITARY LEAVE 14
SECTION 11 JURY DUTY 15
SECTION 12 LEAVE OF ABSENCE WITHOUT PAY 16
SECTION 13 HOLIDAYS 19
SECTION 14 HOURS OF WORK 21
SECTION 15 ATTENDANCE 22
SECTION 16 OVERTIME 23
SECTION 17 FLOAT TIME 26
SECTION 18 WAGES AND BASIC COMPENSATION PLAN 27
SECTION 19 COURT STANDBY 28
SECTION 20 CALL BACK DUTY 29
SECTION 21 DETECTIVE STANDBY PAY 30
SECTION 22 ACTING PAY 31
SECTION 23 BILINGUAL PAY 32
SECTION 24 HEALTHCARE COVERAGE 33
SECTION 25 RETIREE HEALTH/OPEB CONTRIBUTION 40
SECTION 26 VISION INSURANCE 41
SECTION 27 DENTAL INSURANCE 42
SECTION 28 LIFE INSURANCE 44
SECTION 29 RETIREMENT PLAN 45
SECTION 30 MILITARY SERVICE CREDITED AS PUBLIC SERVICE 47 SECTION 31 UNIFORM ALLOWANCE 48
SECTION 32 TIME OFF FOR EXAMINATIONS 49
SECTION 33 MEDICAL AND/OR PHYSICAL EXAMINATION 50
SECTION 34 EDUCATION INCENTIVE & TUITION REIMBURSEMENT PROGRAMS 51 SECTION 35 PEACE OFFICER STANDARDS AND TRAINING (POST) PAY 55 SECTION 36 LONGEVITY PAY 56
SECTION 37 FLEXIBLE BENEFITS PLAN 57
SECTION 38 FAIR LABOR STANDARDS ACT 58
SECTION 39 PEACEFUL PERFORMANCE 61
SECTION 40 MANAGEMENT FUNCTIONS 62
SECTION 41 CONSTRUCTION 64
SECTION 42 FULL UNDERSTANDING, MODIFICATIONS, WAIVER 65 SECTION 43 MAINTENANCE OF BENEFITS 66
SECTION 44 APPEAL HEARING TRANSCRIPTS 67
SECTION 45 SAVINGS CLAUSE 68
SECTION 1 INTRODUCTION
This Memorandum of Understanding, hereinafter referred to as the “Agreement,” has been prepared pursuant to Government Code § 3500 through 3510 as amended, which is generally referred to as the Meyers-Milias-Brown Act.
This Agreement has been developed as a result of requests of the Signal Hill Police Officers’ Association. The items in this Agreement are subject to the approval of the City Council of the City of Signal Hill and will be placed into effect upon the adoption of the necessary ordinances and resolutions by the City Council, if acceptable to them, in accordance with the terms and conditions hereinafter set forth.
The parties agree that the provisions contained herein shall be subject to all applicable laws and shall cover the period commencing on July 1, 2024 and continuing through and including June 30, 2027 unless otherwise provided.
SECTION 2 RECOGNITION
The City hereby recognizes the Signal Hill Police Officers’ Association (The “Association”) as the majority representative of the employee representation unit consisting of the following classifications:
Police Officer Police Sergeant
Police Corporal
The rights and obligations of the City and the Association shall be governed by the provisions of applicable state and federal laws, including, but not limited to, the Meyers-Milias-Brown Act.
Nothing contained herein shall be construed to deny those employees who do not belong to the Association from being covered by the terms and conditions of this Agreement. Nothing in this section shall prohibit any employee from appearing on his/her own behalf in his/her employment relations with the City.
SECTION 3 SPECIAL ASSIGNMENTS
The following job assignments shall be considered "at will" assignments to be made by the Chief of Police (hereinafter the "Department Head") at his/her sole and unfettered discretion. Employees so assigned serve at the pleasure of the Department Head and may be reassigned by him/her at any time without any right to any so-called "Skelly" hearing. Employees shall be able to appeal such reassignment pursuant to Government Code Section 3304(b). Employees performing special job assignments will receive a pay differential above their base classification rate as defined below:
Special Assignment
Base Classification
Pay Differential
Police Administrative Sergeant
Police Sergeant
5.40%
Police Canine Officer
Police Officer
5.40%
Police Community Impact Officer
Police Officer
5.40%
Police Detective
Police Officer
5.40%
Police Detective Sergeant
Police Sergeant
5.40%
Police Field Training Officer*
Police Officer
5.00%
Police Field Training Corporal
Police Corporal
5.00%
Police Homeless Liaison Officer
Police Officer
5.40%
Police School Resources Officer
Police Officer
5.40%
Police Corporal Detective
Police Corporal
5.40%
Police Traffic Officer
Police Officer
5.40%
*Special Assignments of Police Field Training Officer and Police Field Training Corporal will receive hourly Pay Differentials only for the hours worked performing such duties.
The parties agree that Special Assignment Pay for the above assignments is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3)Special Assignment Pay.
SECTION 4
ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall be granted to officers of the Association and its official representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Such officers or representatives shall not enter any work locations without the consent of the City or its authorized representative. Access shall be restricted so as not to interfere with the normal operations of the Department or with established safety or security requirements.
Association meetings may be held during work hours with the prior approval of the City. The City shall not unreasonably withhold such approval provided the proposed Association meeting does not interfere with the normal operations of the Department. On-duty personnel may not attend any such meeting without the prior approval of the appropriate Divisional Commander.
Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, campaigning for office, conducting elections and distributing literature, will not be permitted during working hours.
Pursuant to the provisions of California Government Code, Section 3556, the City shall grant to the Association reasonable access to new employee orientations by providing not less than 10 days' notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer's operations that was not reasonably foreseeable. The City shall also provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within 30 days of the date of hire, and shall also provide the Association with a list of that information for all employees in the bargaining unit at least every 120 days.
SECTION 5 VACATION
Basis of Accrual
Every probationary, regular, and interim employee shall be entitled to a paid vacation leave of 96 hours per year. Accrual of vacation begins with the first working day following appointment and thereafter accrues on a bi-weekly basis. Following the completion of the fifth year of full-time continuous service every employee shall accrue paid vacation leave at the rate of 112 hours per year. Following the completion of the tenth year of full-time continuous service, every employee shall accrue a paid vacation leave of 136 hours per year. Following the completion of the fifteenth year of full-time continuous service, every employee shall accrue a paid vacation leave of 152 hours per year. Following the completion of the twentieth year of full-time continuous service, every employee shall accrue a paid vacation leave of 168 hours per year. Following the completion of the twenty-fifth year of full-time continuous service, every employee shall accrue a paid vacation leave of 176 hours per year. For purposes of this Section, continuous service shall include time in which an employee is on an authorized leave of absence with pay.
Years of Service
Annual Vacation Accrual
<or= 5 years
96 hours
>5 to 10
112 hours
>10 to 15
136 hours
>15 to 20
152 hours
>20 to 25
168 hours
>25
176 hours
Vacation Accrual
All employees shall be entitled to accrue vacation up to twice their annual accrual. Department Heads shall encourage the taking of accrued vacation leave. If for some specific reason an employee wishes to accrue vacation leave in excess of the limits established herein, he/she must submit a request in writing to his/her department head listing these reasons. The Department Head and City Manager shall review and may grant such request if it is in the best interest of the City. The excess of the limit shall be determined by the Department Head and the City Manager. It is not the intent of this section to penalize an employee who is not able to utilize his/her accumulated vacation because of scheduling problems within the individual department. No employee shall be required by the Department Head to take vacation time off.
Effects of Holiday on Vacation Leave
In the event one or more authorized municipal holidays falls within a vacation leave, such holiday shall not be charged as vacation leave.
Effect of Leave of Absence on Accrual of Vacation Leave The granting of any leave of absence without pay exceeding fifteen (15) consecutive calendar days shall cause the employee's annual vacation earned during the calendar year to be reduced proportionately for each month or major portion of a month that the employee is on leave of absence without pay.
Compensation for City Work During Vacation Prohibited
No person shall be permitted to work for compensation for the City in any capacity, except compensation for mandated court appearances, during the time of his/her paid vacation leave from City service. This clause shall not limit the City's right to recall an employee from vacation in the event of an emergency and place him/her on regular pay status.
Scheduling Vacations
An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. An employee shall provide one-week notice in advance of the day(s) he/she is requesting vacation time off.
Vacation scheduling shall be done according to seniority in grade by assignment (i.e. Patrol Sergeant, Detective Sergeant, Police Detective, Police Corporal, and Police Officer). Time in grade as a Police Officer shall include time as a Police Recruit. Hire dates and badge numbers determine seniority. For patrol personnel, the master vacation list sign-ups will begin in November of each year for the following January through December. Personnel shall submit their vacation requests by the last day of the first pay period that falls in November. Sign-up will be by seniority in grade. Employees wishing to exercise their seniority rights must sign up on the master vacation list, unless otherwise required by law. Any vacation balance an employee has may be scheduled after all other employees in patrol have exercised their scheduling rights.
The Department shall retain control of the total number of personnel allowed to be off for vacation at any one time. An employee wishing to change his/her vacation schedule, must give prior notice, as stated above, and may not, by virtue of such change, cause another employee's vacation to change.
Vacation Cash-Out
Employees who have been employed in a full-time classified position with the City and have completed at least two (2) years of service but with less than five (5) years of service may be eligible once a year to cash-out a maximum of 60 hours of vacation leave. Employees who have completed at least five (5) years of service in a full-time classified position with the City but less than ten (10) years of service may be eligible once a year to cash-out a maximum of 120 hours of vacation leave. Employees who have completed ten (10) or more years of service may be eligible once a year to cash-out a maximum of 160 hours of vacation leave.
Vacation Cash-Out will be paid out based on years of service and the following matrix. To be eligible for Cash-Out employees must have used 40 hours during the prior rolling 12 months of the cash out date. Prior year cash-out does not count as usage.
Years of Service
Annual Eligible Cash-Out Maximum
2 to <5
60 Hours
5 to <10
120 Hours
10 or greater
160 Hours
Employees who participate in the vacation cash-out program are not eligible for leave of absence without pay.
Terminal Vacation Pay
Any employee separating from the City service who has accrued vacation leave shall be entitled to terminal pay in lieu of such vacation at the regular rate of pay. When separation is caused by death of any employee, payment shall be made to the estate of such employee or, in applicable cases, as provided by the Probate Code of the State.
SECTION 6 SICK LEAVE
Accrual of Sick Leave
Every probationary, regular, and interim employee shall accrue eight hours sick leave with pay for each calendar month of actual continuous service dating from the commencement of said service, with such time to be accrued on a bi-weekly basis. Such accruals shall be cumulative. The maximum accumulated sick leave to any employee's credit at any time shall be reduced to 960 hours on June 30 of every year. An employee shall not receive payment for unused sick leave accumulated to his/her credit upon termination, whether voluntary or involuntary, except upon retirement as described in paragraph D3 and D4 of this section.
Sick leave shall not be considered a right which an employee may use at his/her discretion. Employees are required to provide reasonable advance notice of the need for leave when it is foreseeable and when it is unforeseeable, notice must be provided as soon as practicable. Sick leave shall be permitted for:
Actual illness or injury which makes it impossible for the employee to perform his/her normal work assignments; Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee. Employees are required to provide advance notice for planned leave such as medical appointments and should make attempts to schedule such appointments to avoid workplace disruption. A health condition includes both physical and mental illness or injury; Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s family member (as defined below). Employees are required to provide advance notice for planned leave such as medical appointments and should make attempts to schedule such appointments to avoid workplace disruption. The use of sick leave for purposes under this section shall be limited to 5 days or 62.5 hours per calendar year.
Specified purposes if the employee or family member is a victim of domestic violence, sexual assault or stalking.
As used herein “family member” is defined as set forth in California Labor Code 245.5 as: a child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status); a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse; a registered domestic partner; a grandparent; a grandchild; a sibling; a designated person, which, for purposes of this policy means a person identified by the employee at the time the employee requests paid sick days. This is limited to one designated person per 12-month period for paid sick days.
Proof of Illness
In order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor prior to the time set for the beginning of his/her regular duties. The Department Head may request a certificate issued by a licensed physician or other satisfactory proof of illness before sick leave is granted, as permitted by applicable law. If the sick leave request equals five or more working days, the Department Head may also designate the licensed physician to conduct a physical examination and such examination shall be conducted at City expense. Employees shall be required to complete a sick leave verification form when returning to work after utilizing sick leave. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Department Head the employee has abused such privileges.
Effect of Leave of Absence on Sick Leave Accrual
The granting of any leave of absence without pay exceeding fifteen consecutive calendar days shall cause the employee's normal rate of sick leave accumulation to cease until he/she returns to work.
Sick Leave Roll-Over and Annual Cash-Out
Annually in June, all sick leave accumulated during the preceding fiscal year (based on 26 pay periods following the previous cash- out) shall be computed for each employee. Each employee has the option to:
Roll-over – The employee may elect to roll-over the full balance of time for future use as sick time.
Annual Cash-Out – The Annual Cash-Out will be paid on or before June 30 of each year, and is limited to that amount accumulated during the current fiscal year. Eligible cash-out hours are determined by the non- interchangeable, tiered years of employment, provided that:
Each employee who has been continuously employed by the City for less than five (5) years, may convert to salary compensation any sick leave accumulation in excess of 48 hours accumulated during the current year at the regular base rate of pay. The cash-out will be limited to a maximum of 48 hours.
Each employee who has been continuously employed by the City for five or more years but less than ten (10) years, and who has accumulated a "bank" of at least 240 hours of sick leave at the end of the current fiscal year, shall be entitled to convert to salary compensation any sick leave accumulation in excess of 32 hours accumulated during the current year at the regular base rate of pay. The cash-out will be limited to a maximum of 64 hours.
Each employee who has been continuously employed by the City for ten (10) or more years, and who has accumulated a "bank" of at least 400 hours of sick leave at the end of the current fiscal year, shall be entitled to convert to salary compensation any sick leave accumulation in excess of 16 hours accumulated during the current year at the regular base rate of pay. The cash-out will be limited to a maximum of 80 hours.
Years of Continuous Employment
Minimum “Banked” Leave
Eligible Hours for Cash-Out
<5
48 0-48
5 to <10
240
0-64
10 or greater
400
0-80
Employees separating from the City prior to the annually scheduled cash-out shall not be entitled to the options outlined above. There is no pro-ration of this benefit.
Any employee that retires with a vested pension shall be entitled to receive payment at retirement for 50% of accumulated unused sick leave days, but not, in any event, more than 50% of the 960 hours maximum accumulation. Provided further that any employee retiring on permanent disability arising out of and incurred in the course and scope of his/her employment with the City shall be entitled to receive payment at retirement for 50% of accumulated unused sick leave days, but, in any event, not more than 50% of the 960 hour maximum accumulation.
Effective June 30, 1992, the City amended its contract with P.E.R.S. to provide the benefits under Government Code Section 20965 for the remainder of the unused sick leave.
SECTION 7 BEREAVEMENT LEAVE
Whenever any employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of members of the employee's family member (spouse, child, registered domestic partner, parent, grandparent, grandchild, sibling, and parents-in-law) such person shall be entitled to a leave of absence with pay for up to three (3) regular work days, and. in the case of the death or critical illness of a spouse or domestic partner or if the employee must travel 500 or more miles one-way to visit a critically ill immediate family member or attend services, a leave of absence with pay for up to 5 regular work days. The total number of hours may vary depending on the employee’s assigned work period. In addition, an employee may also use up to two days of sick leave in conjunction with their approved bereavement leave. Such City paid leave of absence shall not be allowed in any case where in the preceding six (6) calendar months a bereavement leave request on the grounds of the critical illness of that same relative has been granted.
In accordance with state law, employees are eligible for unpaid leave of up to five (5) working days in the event of the death of an employee’s family member. The City will provide unpaid leave in accordance with state law, which will run concurrently with any leave entitlement under City policy. For any leave permitted under state law which is beyond City paid leave, employee may use sick leave, compensatory time off, or vacation time for bereavement leave. This leave must be used within three months of the death of a family member.
The employee shall complete a Bereavement Leave Form provided by the Personnel Office requesting authorization of Bereavement Leave. This request must be approved by the employee's Department Head or immediate supervisor and the Personnel Officer. A Department Head may, under special circumstances, grant Bereavement Leave to an employee due to death or critical illness of individuals other than those family members listed above.
SECTION 8 INDUSTRIAL LEAVE
Leave with pay for employees injured or sustaining an illness in the line of duty shall be granted as follows:
Whenever a sworn police employee sustains an injury while actively engaged in law enforcement, he/she shall receive compensation as provided under the State Worker's Compensation Act.
Such officer shall be placed upon leave of absence at full pay and shall be paid by the City for so long as is required by Section 4850 and related Sections of the Labor Code. During the time the City is required to pay and actually pays, the employee shall not be entitled to receive any temporary disability payments under the Worker's Compensation Act or retirement benefits under the Public Employee's Retirement System, and the City shall be entitled to receive all payments which would otherwise be payable to such employee for such temporary disability or upon retirement.
An employee who is entitled to temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code shall continue to accrue both sick and annual leave credits as required by applicable laws, during the period he/she receives such indemnity.
An employee who is on industrial leave during the pay period in which annual personal holiday hours are credited to their leave balance, shall not be eligible for such personal holiday hours until they return to work. At the time of their return to work, the employee’s personal holiday hours will be pro-rated for the remainder of the year.
Medical care and payments for permanent disabilities incurred in the course of employment shall be as prescribed by the Worker's Compensation Act.
All injuries sustained in the course of employment shall be reported at once, and under no circumstances later than 24 hours, to the Department Head, who shall in turn immediately report the same to the Personnel Officer. In the event the employee is physically incapacitated in such a manner as to prevent submission of a report, the Department Head or immediate supervisor shall complete and forward the required report to the Personnel Office within 24 hours following the injury.
Any employee who claims or receives workers' compensation benefits shall deposit said benefits with the Director of Finance for credit to the City.
SECTION 9 TEMPORARY DISABILITY LEAVE
Upon submission of an appropriate certificate from a licensed physician, an employee may be granted temporary disability leave. The employee utilizing temporary disability leave may utilize all sick leave, vacation, comp time and/or personal days. The remainder of the absence required will be on the basis of leave without pay. If leave without pay is utilized, no accruals of leave or benefits will be credited to the employee.
The granting of any temporary disability leave without pay exceeding 15 consecutive calendar days shall cause the employee's salary anniversary date and calculation of full-time continuous service to be extended by the number of calendar days for which such temporary disability leave has been granted less the first 15 days of such leave, unless the leave qualifies for protection under applicable state or federal law.
Employees returning from temporary disability leave will be required to provide a certificate from a licensed physician which shall advise the City that the employee is capable of returning to the normal work assignments of the position from which the employee departed.
Temporary disability leave because of pregnancy shall not extend beyond a maximum period of six (6) months unless the licensed physician requests an additional period of absence which may or may not be granted by the Personnel Officer.
For foreseeable events (such as the expected birth of a child or a planned medical treatment for the employee or of a family member), the employee must provide, if possible, at least thirty (30) days’ advance notice to their employer that they will be taking leave.
SECTION 10 TEMPORARY MILITARY LEAVE
Temporary military leave with pay shall be granted in accordance with provisions of the Military and Veterans Code of the State and all applicable Federal laws, including, but not limited to, the Uniform Services Employment and Reemployment Act (USERRA). An employee entitled to temporary military leave shall give his/her Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Prior to taking such leave, an employee shall present a copy of his/her military orders to his/her Department Head. The Department Head shall advise the Personnel Officer of such military orders immediately. Sick leave and annual vacation leave will accrue to the employee during the period he/she is on temporary military leave.
SECTION 11 JURY DUTY
Each full-time probationary, regular and interim employee ("qualifying employee") will be entitled to compensation at his/her regular rate of pay for a maximum of ten (10) days (80 hours) of jury duty annually. Upon being advised that a qualifying employee has been summoned to jury duty, the employee shall notify their supervisor and submit a copy of the summons to Human Resources. Human Resources shall issue a letter on behalf of the employee, setting forth the jury duty provisions of this Agreement, and advising the summoning court or tribunal that it would be a hardship for such qualifying employee to serve jury duty beyond 80 hours.
When first called to jury duty, a qualifying employee, having provided at least five (5) working days advanced written notice, shall be entitled to his/her regular rate of pay provided he/she deposits his/her jury duty fees with the Director of Finance. The Department Head shall insure that proper manpower is allocated to cover the absence. A qualifying employee called for jury duty shall be assigned to the day shift, Monday through Friday, 8:00 a.m. to 5:00 p.m. Employees released early from jury duty shall report to the Department Head for assignment for the duration of the day shift. The assignment shall be, unless the shift is significantly under-staffed, an educational training session with a police detective, sergeant, or management member. Qualifying employees shall be entitled to keep mileage reimbursement paid while on jury duty. An extension to the 80-hour paid leave may be approved by the City Manager for extenuating circumstances.
Upon release from or completion of jury duty, the qualifying employee shall submit a copy of the release/completion form from the summoning court or tribunal to Human Resources.
SECTION 12
LEAVE OF ABSENCE WITHOUT PAY
General Policy
Any employee may be granted a leave of absence without pay upon the approval of the City Council pursuant to the recommendation of his/her Department Head and the City Manager. In case of a leave of absence without pay of sixty (60) consecutive calendar days or less, the approval of the City Council shall not be required.
A leave without pay may be granted for the following reasons:
Illness or disability.
Federal and/or State Statutes which establish “Protected” leaves.
To take a course of study which will increase the employee's usefulness on return to his/her position in the City service.
For personal reasons acceptable to the City Council and/or City Manager and Department Head.
The City shall guarantee the employment of the employee in the same or a comparable position upon termination of the leave.
Authorization Procedure
Requests for leave of absence without pay shall be made upon forms prescribed by the Personnel Officer and shall state specifically the reason for the request, the date when the leave is desired to begin, the probable date of return, and the agreement to reimburse the City for any benefit premiums paid for by the City during the leave of absence.
The request shall normally be initiated by the employee but may be initiated by his/her Department Head and upon written recommendation of the Department Head that it be granted, modified or denied shall be promptly transmitted to the City Manager.
The City Manager shall then make his/her recommendation in writing and transmit the request to the City Council unless the request is for a leave of sixty (60) consecutive days or less in which case the action of the City Manager shall be final. A copy of any approved request for leave of absence without pay shall be delivered promptly to the Director of Finance.
Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed one year provided that the City Council may extend such leave for an additional period not to exceed one year. Procedure in granting extensions shall be the same as that in granting the original leave provided that the request for extension is made no later than fourteen (14) calendar days prior to the expiration of the original leave.
Return from Leave
When an employee intends to return from an authorized leave of absence without pay either before or upon the expiration of such leave, he/she shall contact his/her Department Head at least fourteen (14) calendar days prior to the day he/she plans to return. The Department Head shall promptly notify the City Manager and the Personnel Officer of the employee's intention. Upon return the employee shall be placed at the same or comparable classification and salary step as was in effect prior to the leave.
Leave Without Pay
An employee shall utilize all his/her compensatory and all accrued leave time off prior to taking an authorized leave of absence without pay. A prorated reduction of normal annual vacation and sick leave accruals shall be applicable to approved absence without pay. Any absence without pay constitutes a break of continuous service with the City. The granting of any leave without pay exceeding 15 consecutive calendar days shall cause the employee's salary anniversary date and calculation of full-time continuous service to be extended by the number of calendar days for which such leave has been granted less the first 15 days of such leave. An employee on leave of absence does not have all of the privileges granted regular full-time employees.
Leave Without Pay - Insurance Payments
The City shall make no contributions to the health and optional benefits when an employee is on leave without pay except when the employee is receiving Total Temporary Disability Benefits for industrial illness or injury, or due to approved FMLA, CFRA and PDL leaves.
An employee on leave without pay may continue his/her City insurance benefits by being placed on direct pay with CalPERS. The employee will be responsible for making the monthly premium payments directly to the CalPERS health plan after completing the CalPERS Direct Pay Authorization form.
An employee may continue optional benefits while on leave without pay by submitting direct payments to the City on a monthly basis before the first day of each month during the period of the leave.
Failure to reimburse the City for such benefits during the term of a leave of absence will result in the employee’s coverage terminating on the first day following the month in which the last payment was received.
SECTION 13 HOLIDAYS
Authorized Holidays
Every employee shall be entitled to the following holidays with pay each calendar year and such other days as may be designated by action of the City Council:
January 1 (New Year’s Day)
The third Monday in January (Martin Luther King Jr. Day) The third Monday in February (Presidents' Day)
The last Monday in May (Memorial Day)
July 4 (Independence Day)
The first Monday in September (Labor Day)
The second Monday in September (Admission Day)
November 11 (Veterans Day)
Thanksgiving Day
The Friday after Thanksgiving Day
December 25 (Christmas Day)
28 scheduled personal holiday hours to be arranged under the same conditions as described under VACATION, Section F, of this Agreement. These personal hours are not cumulative and must be used prior to the end of the calendar year. All new employees shall receive 2.33 hours of personal holiday leave for each month remaining in the calendar year starting from and including the month of their hire.
Every day appointed by the President of the United States or the Governor of California to be a public holiday or by the City Council to be a City holiday. These do not include newly granted holidays to Federal or State employees granted by the President or the Governor, but includes "one-time" public holidays for special occasions.
The specific days that City employees will observe the holiday may be determined by the City Council.
Procedure if Holiday Falls on Saturday or Sunday
For those employees whose normal workweek is Monday through Friday, when a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.
Procedure if Holiday Falls on Regular Day Off
If holiday occurs on a day which is the employee's regular day off, he/she shall be entitled to holiday pay in the amount of eight hours at straight time.
Employees Required to Work on Holiday
Any employee whose work schedule and assignment of duties requires him/her to work on an authorized holiday shall receive eight hours of holiday pay for such work at the same rate of pay at which he/she is employed in addition to his/her normal pay for the time worked. Alternatively, at the discretion of the supervisor or Division Commander an employee's work schedule may be altered to provide a day off in lieu of holiday pay.
Employees on Industrial Leave
Employees on Industrial Leave shall not be entitled to additional pay and/or additional time off for holidays which occur during the time an employee is on industrial leave.
Effect of Sick Leave on Holiday Pay
An employee whose work schedule and assignment of duties require him/her to work on an authorized holiday and who calls in sick on that work shift shall be paid eight (8) hours of holiday pay and shall also be charged for the appropriate use of sick leave.
SECTION 14 HOURS OF WORK
All patrol officers shall be assigned to twelve and one-half (12.5) hour shifts, one-half (.5) hour of which shall be for the purposes of briefing and/or training and which shall be compensated as overtime pursuant to Section 16-Overtime. Each employee shall be granted consecutive days off.
The Association acknowledges and agrees the City may revoke and/or modify this work schedule for any reason whatsoever. Such a decision to revoke and/or modify is not subject to the grievance process, appeal to the Civil Service Commission, appeal to the City Council, or to court action, and is acknowledged to be a management prerogative.
It is expressly agreed that the 12.5-hour shift is not considered to be a term or condition of employment and may be modified by the City Council at any time unilaterally, without meeting and conferring, and the Association waives any rights it may have under the Meyers-Milias-Brown Act.
The Association further acknowledges and agrees this 12.5-hour shift plan shall not create a vested right and/or a past practice binding upon the City in the future.
The City has implemented the 12.5-hour shift plan in an effort to improve scheduling options and to reduce the necessity for assigning overtime to sworn employees. It is understood and agreed that all sworn employees in the department affected by this change recognize and accept their responsibility to make the plan work and will cooperate by making themselves available to respond to requests or orders regarding shift adjustments, subpoenas, training, or emergency call-backs made by management.
Detectives shall work eighty (80) hours per pay period as determined by the Department Head.
All Officers must remain in communication with the Department during meal periods (not to exceed thirty minutes) and are subject to being called away for emergency services.
Hours may be changed temporarily to meet specific emergencies by the Department Head.
SECTION 15 ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep daily attendance records of employees, which shall be reported to the Director of Finance in the form and on the dates he/she shall specify. Failure on the part of an employee absent without leave to return to duty within 24 hours after a due notice to return to duty has been issued shall be cause for immediate discharge, and such employee automatically waives all rights under the personnel ordinance and these rules.
SECTION 16 OVERTIME
Authorization/Definition
It is the policy of the City of Signal Hill to avoid the necessity for overtime work whenever possible. In cases of emergency, however, or whenever public interest or necessity requires, any employee may be directed by proper authority, and is expected to perform, overtime work.
An employee who works at any time other than when the employee is regularly scheduled to work, shall be entitled to overtime compensation at one and one-half times the employee’s hourly rate, subject to the following exceptions:
The City tracks employee hours worked in 15 minute increments, and the FLSA permits an employer to round employee time to the nearest quarter hour. Employee overtime from 1 to 7 minutes will be rounded down, and thus not counted as hours worked, but employee overtime from 8 to 14 minutes will be rounded up and counted as a quarter hour of work time.
Straight Time Pay shall be paid when an employee's scheduled training hours are equivalent to the normal duty hours for which he/she was relieved. If the scheduled training hours exceed the amount of hours that employee would have worked in the same period (i.e., a scheduled 44 hour school in a one week period), the employee will be paid at a rate of time and one-half for any scheduled hours which exceed his/her normal number of hours during that period.
Holiday pay paid at straight time rate.
FLSA Overtime
For the purposes of calculating overtime under the terms of the Fair Labor Standards Act (FLSA), all sworn employees required to perform in excess of the standard work period of 171 hours in a 28 day cycle, shall receive compensation at the rate of time and one-half his/her regular rate of pay.
Compensatory Time
In lieu of being paid cash for accrued overtime, an employee may elect to bank compensatory time off at the rate of time and one-half for overtime worked. The total accrual of compensatory time shall not exceed one hundred four (104) hours (sixty-nine (69) hours of overtime worked calculated at time and one-half).
Any compensatory time earned in excess of the one hundred four- hour limit shall be paid off in cash at the rate of time and one-half at the applicable rate of pay. Cash-outs will occur as documented on the Payroll Calendar for any given year.
An employee may take his/her compensatory time off at any time during the year, contingent upon determination by his/her Department Head or immediate Supervisor that such absence will not unduly disrupt the Department and operations and that the time will be scheduled in the same manner as prescribed for vacation time. In no instance may the City require that an employee take compensatory time off.
At any time during the year, an employee may request in writing to convert any portion of their accumulated compensatory time to salary compensation at the regular rate of pay at straight time.
On December 31, of each year, any employee who has accumulated more than 24 hours of compensatory time after conversion at time and one-half shall have converted to salary compensation those hours in excess of 24 at the regular rate of pay at straight time. Effective July 1, 2016 - On July 1, of each year, any employee who has accumulated more than 24 hours of compensatory time after conversion at time and one-half shall have converted to salary compensation those hours in excess of 24 at the regular rate of pay at straight time.
No employee will be entitled to convert to cash any compensatory time during the same pay period in which disciplinary action is imposed.
Paid Leave Time Exclusions
In determining an employee's eligibility for overtime compensation in a work period, paid leaves of absences and unpaid leaves of absences shall be excluded from the total hours worked. Paid leaves of absences include, but are not limited to, the following:
Vacation
Holiday Leave
Sick Leave
Administrative Leave
Compensatory Leave
Workers Compensation Leave
4850 Time
Jury Duty
Bereavement Leave
Military Leave
Notwithstanding the provisions of Section E above, the following types of overtime shall be compensated at time and one-half irrespective of any paid leave exclusions and irrespective of the total number of hours otherwise worked in a work period:
Court Pay: As defined elsewhere in this Memorandum of Understanding.
Assigned Overtime: Instances where an employee is ordered or assigned to work overtime by a Supervisor.
Out of Classification Overtime
Employees working out of classification as a management exempt employee shall not receive overtime compensation for duties performed as an exempt employee.
SECTION 17 FLOAT TIME
Signal Hill Police Officers/Sergeants assigned to work patrol, have historically worked a twelve (12) hour shift: The regular schedule is seven shifts each two week pay period, and fourteen shifts each twenty-eight (28) day Fair Labor Standards Act (FLSA) period. A total of eighty-four (84) hours, is worked each pay period. The Officer/Sergeant is paid for eighty (80) hours and the additional four (4) hours used to be placed in the Officer/Sergeant's "Float Time" account (at a straight time accumulation). Approximately every six weeks, the Officer/Sergeant was given one of his/her regular shifts off as a "Floater”.
Due to staffing shortages, it is difficult to give Officers and Sergeants their "Floaters". In an effort to work together in finding a solution for the "Float Time" both parties agreed per side letter on October 15, 2002, that all Officers and Sergeants will continue to accumulate "Float Time" until they reach a balance of twenty-four (24) hours. Once they reach twenty-four (24) hours, they will be paid straight time for all additional float time earned, as long as the balance stays at twenty-four (24) hours. If any "Float Time" is used and their balance goes below the twenty- four (24) hours they will not be paid for any "Float Time" until their balance is back up to twenty-four (24) hours.
The agreement will remain in effect until such time that staffing levels are sufficient to revert to giving officer "Floaters" instead of "Float Time". Prior to reverting to giving "Floaters", the Chief of Police will meet with the Police Officers' Association representatives. When the Department resumes giving "Floaters", Officers/Sergeants will no longer be paid for "Float Time".
For purposes of timekeeping, if Officer or Sergeant takes a scheduled Sunday shift off, twelve (12) hours of leave accrual will be utilized, and four (4) hours of Float Time will be accrued/paid.
SECTION 18
WAGES AND BASIC COMPENSATION PLAN
Equity Adjustment
Effective the first full pay period that includes July 1, 2024, the job classifications of Police Sergeant and Police Officer will receive an equity adjustment to base pay of 5% based upon the 2024 Salary Survey:
Salary Increases
All classifications covered by this Memorandum of Understanding shall receive base salary adjustments as follows:
Effective the first full pay period that includes July 1, 2024, all employees will receive a one percent (1.0%) adjustment to base salary only.
Effective the first full pay period that includes July 1, 2025, all employees will receive a four percent (4.0%) adjustment to base salary only.
Effective the first full pay period that includes July 1, 2026, all employees will receive a three percent (3.0%) adjustment to base salary only.
SECTION 19 COURT STANDBY
Court Alert Pay
An employee who, while off duty, is on court standby status may leave a telephone number where he/she may be reached while on court standby. Such time is not considered hours worked under the FLSA. However, in recognition of the City's past practice, an employee on court standby shall receive two (2) hours of compensation at time and one-half for awaiting a call to court between 8:00 a.m. and 12:00 noon, and two (2) hours of compensation at time and one-half for awaiting a call to court after 1:01 p.m. Travel time to and from the court shall not be considered hours worked and shall not be compensated in any manner whatsoever. Payments made under this provision shall not count towards hours worked for purposes of the FLSA.
Court Pay
Court Pay is intended to compensate officers for time spent in court during their off-duty hours. When an officer is physically called to court, he/she shall receive compensation at time and one-half for time actually spent in court. Court Pay shall be a minimum of two hours.
SECTION 20 CALL BACK DUTY
Call back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be paid a minimum of two- (2) hours compensation at the overtime rate commencing when he/she reports for duty. Any hours worked in excess of two (2) hours shall be compensated at the overtime rate for actual time worked. This provision is to be distinguished from "Court Standby Pay," as described above, which is to be used when an employee is called back to court. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever.
An employee who is called back to work and has one and one-half (1.5) hours or less between the end of his/her call back assignment and the commencement of his/her next work shift or has one and one-half (1.5) hours or less between the end of his/her work shift and the commencement of the call back assignment, shall be compensated for such actual interim time at the overtime rate. The Department shall require that the employee work during this interim time. An employee who has an interim time greater than one and one-half (1.5) hours shall receive no additional compensation for such actual interim time.
SECTION 21 DETECTIVE STANDBY PAY
General Policy
When an employee is required to be available for immediate emergency call back at times when the employee is not otherwise on duty, the employee may leave a telephone number where he/she may be reached while on standby. Such time is not considered hours worked under the FLSA.
Compensation
Pursuant to this Agreement, effective July 3, 2021, a detective will be compensated a maximum of $400 per weekend standby shift, and $200 per holiday shift, for all holidays defined within this Agreement, excluding personal holidays. A maximum of two detectives shall be eligible to receive such compensation, to be determined by the Chief of Police. Such compensation shall not be counted toward total hours worked for purposes of calculating overtime. A weekend shift is hereby established and defined as the entire period of time extending from the close of regular business on Friday to the beginning of regular business on Monday. To qualify for the weekend and/or holiday shift compensation, the employee must be on standby for the entire period as defined.
SECTION 22 ACTING PAY
Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that which the employee currently holds, the employee shall be compensated for that acting role after serving 15 consecutive working days in the higher classification.
The parties agree that Acting Pay is special compensation and shall be reported as such to CalPERS for "classic members", to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay.
SECTION 23 BILINGUAL PAY
Subject to the conditions of this Section, employee(s) who, in the course of their regular job duties, may be required to speak and understand Spanish or Southeast Asian languages or translate such languages to English on a regular basis, will be compensated by adding $80.00 to their monthly base pay. Said additional compensation shall be for bilingual skills and will be calculated and added to employee’s hourly rate of pay.
An employee may apply for bilingual pay at any time and will be responsible for initiating a written request to the Personnel Officer. All requests shall be subject to the Police Chief’s approval and only those classifications and assignments that are determined to reasonably utilize bilingual skills on a regular basis, shall be considered.
The Personnel Officer shall ensure that the appropriate competency testing is performed to certify the employee as eligible for bilingual pay based on the employee’s basic bilingual skills proficiency. Such certification shall be a condition to qualify for bilingual pay.
An employee who becomes certified to receive bilingual pay shall be compensated with said pay effective the beginning of the first pay period immediately following certification. The Personnel Officer shall be responsible for processing the appropriate forms for additional pay.
In the event an employee is not successful in passing such competency testing to qualify for bilingual pay, said employee may re-apply for eligibility at least three (3) months after the testing.
If it is determined that the employee is no longer utilizing bilingual skills on a regular basis due to disability (more than one month), extended leave of absence, or other similar circumstance prohibiting utilization of such bilingual skills with the exception of an employee receiving 4850 benefits due to an on duty injury, bilingual pay will cease at the beginning of the payroll period immediately following said date. Such determinations shall be made by the Personnel Officer in conjunction with the Police Chief.
The parties agree that Bilingual Pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR 571(a)(4) and 571.1(b)(3)Bilingual Pay.
SECTION 24 HEALTHCARE COVERAGE
ACTIVE EMPLOYEES
CalPERS PEMHCA Program
The City is enrolled in CalPERS Medical in accordance with the Public Employees’ Medical and Hospital Care Act (PEMHCA).
The City shall contribute on behalf of each employee the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program on behalf of each full-time, probationary, regular and interim employee (“qualifying employee”) towards a health benefit plan as outlined in Section (B) 1 through 3 below. As the mandated minimum is increased, the City shall make the appropriate adjustments.
City Contribution Amount Including PEMHCA Employer Mandated Contributions The City will contribute an amount, including the PEMHCA Employer Mandated Contributions for each full-time, probationary, regular and interim employee (“qualifying employee”), towards a health benefit plan as follows:
Effective January 1, 2025, each qualifying employee, shall receive $1,200 per month toward the health benefit plan. If a qualifying employee’s medical, dental, and/or vision premiums exceed $1,200, they will receive up to an additional $750, for a total of $1,950 per month, the maximum City contribution. If they do not need the additional $750 for medical, dental, or vision premiums, they will not receive it. 25% of the additional $750 not utilized to pay for health insurance will not be available for deferred compensation or to purchase optional benefits. Under no circumstances may an employee receive cash.
Effective January 1, 2026, each qualifying employee, shall receive $1,200 per month toward the health benefit plan. If a qualifying employee’s medical, dental, and/or vision premiums exceed $1,200, they will receive up to an additional $800, for a total of $2,000 per month, the maximum City contribution. If they do not need the additional $800 for medical, dental, or vision, they will not receive it. 25% of the additional $800 not utilized to pay for health insurance will not be available for deferred compensation or to purchase optional benefits. Under no circumstances may an employee receive cash.
Effective January 1, 2027, each qualifying employee, shall receive $1,200 per month toward the health benefit plan. If a qualifying employee’s medical, dental, and/or vision premiums exceed $1,200, they will receive up to an additional $850, for a total of $2,050 per month, the maximum City contribution. If they do not need the additional $850 for medical, dental, or vision, they will not receive it. 25% of the additional $850 not utilized to pay for health insurance will not be available for deferred compensation or to purchase optional benefits. Under no circumstances may an employee receive cash.
Health Benefit Plan
A qualifying employee may select health insurance coverage from among those plans offered by the City.
Should the City contribution be insufficient to pay the monthly premium, the deficit shall be paid through employee contributions made by payroll deductions from the next payroll. For retirees, the City will notify PERS to deduct from the monthly check of each qualifying retiree the same amount as deducted from an employee in the same benefit category.
A qualifying employee may utilize seventy-five percent (75%) of the balance between the cost of a health plan premium and the City contribution for “other benefits” offered in a partial cafeteria plan as determined by the City. The remaining twenty-five percent (25%) will go back to the City’s general fund. Under no circumstances may an employee receive cash. Should the employee portion of the balance be insufficient to pay one hundred percent (100%) of the cost of selected “other benefits”, the deficit shall be paid through employee contributions made by payroll deductions.
The City agrees to permit an employee to withdraw from the City health insurance coverage as follows:
The employee must provide written proof to the Personnel Department on a semi-annual basis that the employee is covered by another health plan.
The employee must notify the City during the open enrollment period.
An employee who is qualified to withdraw from the medical plan may utilize seventy-five percent (75%)of the City contribution for “other benefits” offered in the partial cafeteria plan. Effective January 1, 2024, this amount equals $900.00 ($1,200 x 75% = $900.00).
All such benefits are administered by an outside third party administrator or trustee as set forth in the plan or benefit documents. Under no circumstances may an employee receive cash.
RETIREES
CalPERS PEMHCA Program
Under the Public Employees Medical and Hospital Care Act (PEMHCA), employees who retire from employment with an agency that contracts with CalPERS for medical insurance will have access to CalPERS medical insurance plans as retirees.
For employees vested in CalPERS at the time of retirement, the City will contribute the PEMHCA minimum employer contribution. Payment for the remainder of the monthly insurance premiums for the medical plan selected under CalPERS shall be the retiree’s responsibility; the remainder of the monthly premium for the CalPERS medical plan will be automatically deducted by CalPERS from the retiree’s pension check.
The PEMHCA minimum employer contribution is adjusted annually by CalPERS based upon the medical care component of the Consumer Price Index-Urban (CPI-U). The PEMHCA minimum employer contribution is $157 per month in 2024 and $158 per month in 2025.
This City contribution towards retiree medical insurance only applies for retirees who qualify under PEMHCA and are enrolled in a CalPERS medical plan; retirees who do not enroll in a CalPERS medical plan will not receive this contribution.
Additional Monthly Retiree Health Benefit Amount Including PEMHCA Employer Mandated Contributions Each qualifying retiree may receive an additional monthly benefit, if needed, from the City, up to $885 maximum per month (including the PEMHCA minimum), for health insurance premiums of health plans enrolled with CalPERS.
The specific level of the additional benefit for each retiree shall be based on their date of hire and years of service as set forth below and summarized in the following chart and explained in the chart on the following page:
HIRE DATE
RETIREE HEALTH MONTHLY BENEFIT (INCLUDES PEMHCA Minimum)
YEARS OF SERVICE (YOS)
< 5 YOS PERS VESTED
5-10 YOS
11-15 YOS
16+ YOS
20+ YOS
Before Jan. 1,
2004
Up to $885 Retiree & Dependents
Up to $885 Retiree & Dependents
Up to $885 Retiree & Dependents
Up to $885 Retiree & Dependents
Up to $885 Retiree & Dependents
Jan. 1, 2004 –
Sept. 20, 2010
(City Vested Years of Service + 50% of Combined Service with Another PERS Agency) No Benefits; Unless with Prior Vested Service with PERS then PEMHCA Minimum Retiree Only Up to 50% of monthly Retiree benefit
Retiree Only
Up to 75% of monthly Retiree benefit
Retiree Only
Up to $885 Retiree +1 Dependent
coverage must be in effect upon date of retirement
Sept. 21, 2010 -
Later
No Benefits; Unless with Prior Vested Service with
PERS then PEMHCA Minimum Retiree Only
PEMHCA Minimum Retiree Only
Up to 50% of monthly Retiree benefit
Retiree Only
Up to 75% of monthly Retiree benefit
Retiree Only
Up to $885 Retiree +1 Dependent coverage must be in effect upon date of retirement PERS Approved Disability Retirement Jan. 1, 2004 –
Later
Up to $885 Retiree Only by Petition Only*
Up to $885 Retiree Only by Petition Only*
Up to $885 Retiree Only
by Petition Only*
Up to $885 Retiree +1 Dependent
coverage must be in effect upon date of
retirement
Employees hired between January 1, 2004 and Sept. 20, 2010shall receive retiree health benefits in an amount equal to the City paid monthly premium for retirees, based on the following schedule:
Employees with less than 5 years of service with the City, but who are otherwise vested with PERS, would be eligible to receive the minimum monthly premium mandated by PERS.
Employees with 5-10 years of service (combined City service plus 50% credit for service with another PERS agency), shall be eligible to receive 50% of the monthly benefit) applicable towards the employee only.
Employees with 11-15 years of service (combined City service plus 50% credit for service with another PERS agency) shall be eligible to receive 75% of the monthly benefit, applicable towards the employee only.
Employees with 16 or more years of service (combined City service plus 50% credit for service with another PERS agency) shall be eligible to receive 100% of the monthly benefit, applicable towards the employee and one dependent provided that employee plus one dependent coverage was in effect upon the date of retirement.
An employee who has qualified for a job-related PERS disability retirement may petition, on a case- by-case basis within 60 days of disability retirement decision, for an upgrade to their retiree health benefit (which in no case shall exceed 100% of the retiree health insurance benefit in place at the time of the petition) to a committee comprised of the City Manager, Finance Director, Chief of Police, and president of the POA. The committee’s recommendation shall be subject to approval by the City Council.
Under no circumstances shall an employee receive cash in lieu of benefits.
Employees hired on or after September 21, 2010 shall receive retiree health benefits in an amount equal to the City paid monthly premium for retirees, based on the following schedule:
Employees with less than 5 years of service with the City shall receive no City contribution to the retiree health benefit.
Employees with less than 5 years of service with the City but who are otherwise vested with PERS, shall be eligible to receive the CalPERS minimum required contribution, applicable towards the employee only.
Employees with 5 to 10 years of service with the City shall be eligible to receive the CalPERS minimum required contribution, applicable towards the employee only.
Employees with 11 to 15 years of service with the City shall be eligible to receive 50% of the monthly benefit, applicable towards the employee only.
Employees with 16 to 19 years of service with the City shall be eligible to receive 75% of the monthly benefit, applicable to employee only.
Employees with 20 or more years of service with the City shall be eligible to receive 100% of the monthly benefit, applicable towards employee plus one dependent provided that employee plus one dependent coverage was in effect upon the date of retirement.
Under no circumstances shall an employee receive cash in lieu of benefits.
A qualifying retiree may not participate in the partial cafeteria plan. The balance between the cost of a health plan and the City contribution will go back to the City’s general fund.
SECTION 25
RETIREE HEALTH/OPEB CONTRIBUTION
All Signal Hill Police Officers Association members will contribute $625 annually to fund their Retiree Health Benefit/OPEB contribution. This amount can be contributed via a pre-tax payroll deduction or a reduced vacation accrual rate, During the term of this MOU, the City will hire an actuary to conduct a study on the costs related to offering an alternative Retirement Health Savings Program/Alternative Retiree Medical Plan to replace the existing Retiree Health Insurance benefit for new employees and those that choose to opt-in. Once the study is completed, the City and the Signal Hill Police Officers’ Association will meet and confer regarding alternatives. No changes relating to the Retiree Health Insurance benefit may be made unless mutually agreed to by both parties.
SECTION 26 VISION INSURANCE
The City shall pay the monthly premium for a vision plan for each eligible full-time, probationary, regular and interim safety employee (“qualifying employee”), including the Chief of Police and Police Captains. The vision plan is not available to retirees. If an employee chooses to enroll their legal dependents in the vision plan they will be responsible to pay the monthly premium costs for those dependents either through payroll deductions or by utilizing any or all of seventy-five (75%) of the balance between the cost of the health plan premium and the City contribution. Under no circumstances shall an employee receive cash in lieu of benefits.
The City will contract with its vision insurance provider to allow those employees who retire on or after January 1, 2013 to purchase vision insurance. The retiree will be responsible for 100% of the vision insurance premium. There will be no City contribution. The retiree will be required to pay for the coverage in three month increments and will be solely responsible to ensure payment is received in a timely manner. Failure to pay the premium will result in cancellation of the coverage. Retirees may enroll upon retirement and during the City’s annual open enrollment which generally takes place in September/October.
SECTION 27 DENTAL INSURANCE
The City shall contribute seventy dollars ($70.00) per month on behalf of each full-time probationary, regular or interim safety employee (“qualifying employee”) including the Chief of Police, Police Captain, Police Lieutenants, and to a dental insurance pool (“pool”). Under no circumstances shall an employee receive cash in lieu of benefits.
Funds in the pool shall be used to pay the monthly premiums of the qualifying employees for dental insurance coverage for themselves and their lawful dependents. At the end of each month, following payment of that month's premium, any funds remaining in the pool shall revert to the City's General Fund.
Should the pool be insufficient in any month to pay that month's premium, the deficit shall be eliminated through qualifying employee contributions made by payroll deductions from the next payroll.
Contributions to the pool deficit shall be calculated as follows:
Each qualifying employee (the "employee") will have $70 (the "1st Credit") credited toward the cost of their medical premium which credits shall constitute the Dental Insurance Pool (the "Pool").
It is the purpose of the formula contained herein to make funds available from those employees whose premiums are less than $70 for those employees whose premiums exceed $70.
Where an employee's premium is less than $70, the difference between the premium and $70 (the "Excess Funds") shall remain available in the Pool to be credited to those employees whose premiums exceed $70. The portion of the Excess Funds credited to each employee shall be determined by dividing the aggregate Excess Funds by the total number of employees whose premiums exceed $70 (the "2nd Credit").
Where an employee's premium exceeds the 1st Credit but is less than the sum of the 1st and 2nd Credits, the difference between the premium and the 1st and 2nd Credits (the "Excess Funds") shall remain available in the Pool to be credited to those employees whose premiums exceed the sum of the 1st and 2nd Credits. The portion of the Excess Funds credited to each employee shall be determined by dividing the aggregate Excess Funds by the total number of employees whose premiums exceed the sum of the 1st and 2nd Credits.
This process shall be repeated until all Excess Funds in the Pool have been credited to the employees. Employees whose premiums exceed the aggregate credits they receive under this formula will be responsible for paying all premiums in excess of such aggregate credits.
During the term of this Agreement, the City may explore alternative sources of dental insurance coverage, with the intent being to reduce the cost of insurance or increase benefits for employees.
The City will contract with its dental insurance provider to allow those employees who retire on or after January 1, 2013 to purchase the Delta Care/PMI dental insurance. The retiree will be responsible for 100% of the dental insurance premium and a 2% administration fee. There will be no City contribution. The retiree will be required to pay for the coverage in three month increments and will be solely responsible to ensure payment is received in a timely manner. Failure to pay the premium will result in cancellation of the coverage. Retirees may enroll upon retirement and during the City’s annual open enrollment which generally takes place in September/October.
SECTION 28 LIFE INSURANCE
The City will provide, at the City's expense, the following insurance policies for every full-time probationary, regular and interim employee: 1) a "basic" Term Life Insurance policy in the amount of fifty thousand dollars ($50,000), and 2) Accidental Death and Dismemberment Insurance policy in the amount of fifty thousand dollars ($50,000).
The City will provide the opportunity for an employee to elect to purchase additional life insurance by making payroll contributions for the cost of premiums in excess of the amount the City pays for the "basic" policy described above.
SECTION 29 RETIREMENT PLAN
Every employee in the competitive service shall participate in the Public Employees' Retirement System retirement plan as adopted by the City Council. Participation shall begin immediately upon employment. Such participation in the retirement plan continues until the employee terminates employment with the City for any reason, and shall then cease under the terms of said plan.
For All Employees, Except Those Deemed “New Members” Within The Meaning Of The California Public Employees’ Pension Reform Act Of 2013, The Following Shall Apply:
Retirement Formulas: Per California Government Code Section 21362.2, also known as the 3%@50 benefit formulas plan, and Government Code Section § 21363.1, also known as the 3%55 benefit formulas plan.
The City has contracted with the California Public Employees’ Retirement System (CalPERS) for the One-Year Final Compensation option, “single highest year” (Government Code Section 20042).
These employees shall pay the nine percent (9%) member contribution. Employees shall also pay an additional three percent (3%) retirement contribution which will be a portion of the employer’s retirement contribution pursuant to Government Code Section 20516(a). Effective April 28, 2018, pursuant to Government Code Section §20516(c), the City amended its retirement contract with CalPERS and established a formal cost sharing agreement for the employees’ contribution of three percent (3%) of the employer’s rate.
In accordance with IRS Code Section 414(h)(2), the cost sharing will be treated as a pre-tax deduction.
For All Employees Deemed “New Members” Within The Meaning Of The California Public Employees’ Pension Reform Act Of 2013, The Following Shall Apply:
Retirement Formula: 2.7% @ 57 retirement formula per Government Code Section 7522.25(d).
Final compensation based on the highest annual average pensionable compensation during the three consecutive years of employment immediately preceding the effective date of his or her retirement or some other 36 consecutive month period designated by the employee per Government Code Section 7522.32(a).
Employee Paid Retirement Contribution: Employees under the 2.7%@57 retirement formula will pay one half of the normal cost of the retirement benefit. The normal cost will be provided annually by CalPERS and is subject to change. The total employee contribution will be via a pre-tax payroll deduction.
In accordance with IRS Code Section 414(h)(2), the cost sharing will then be treated as a pre-tax deduction. .
SECTION 30
MILITARY SERVICE CREDITED AS PUBLIC SERVICE
Effective June 30, 1992, the City amended its contract with CalPERS to provide the provisions under Government Code § 20930.3.
SECTION 31 UNIFORM ALLOWANCE
The uniform allowance provided herein is to be used for the purchase, repair, maintenance and upkeep of all necessary uniform items.
The amount of the annual uniform allowance shall be:
Patrol Sergeants
$925
Officers
$925
Motor Officer
$925
Detective Sgts.
$925
Detectives
$925
Canine Officer
$1050
Payment of the uniform allowance shall be made bi-weekly in 26 installments each fiscal year. Reporting of the uniform allowance to CalPERS shall be done on a per pay period basis.
In recognition of the high initial cost of uniforms and equipment, it shall be policy of the City to, when necessary and as approved by the Department Head, advance funds to new police officers, in the form of credit at local uniform shops, to enable them to obtain basic uniform items for their use on the job (the "Uniform Credit").
The City shall be reimbursed for the Uniform Credit through a payroll deduction program in mutually agreed upon increments. In no event, however, shall the Uniform Credit exceed the annual uniform allowance for the year in which the Uniform Credit is approved, nor shall the payroll deduction program to reimburse the City exceed one (1) year.
Any employee who is afforded the Uniform Credit under this section and whose employment terminates with the City prior to completing his/her reimbursement obligation, shall have the balance of any unreimbursed Uniform Credit due or owing to the City deducted from his/her final paycheck.
The City shall report to the California Public Employees’ Retirement System (CalPERS) the uniform allowance for each employee as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS.
SECTION 32
TIME OFF FOR EXAMINATIONS
All persons in the competitive service shall be entitled to necessary time off with pay for the purpose of taking qualifying or promotional examinations pertaining to positions in the competitive service of the City.
SECTION 33
MEDICAL AND/OR PHYSICAL EXAMINATION
The City may require periodic medical examinations which are narrowly tailored to address specific job related concerns. Additionally, any employee may be required to take and pass a medical, physical, and/or psychological examination when the City Manager has a reasonable belief based on objective evidence that the employee’s ability to perform essential job functions is impaired by a medical condition (including a psychological condition) or the employee will pose a threat due to a medical condition (including a psychological condition). In accordance with applicable law, the City will consider the results of any medical examination to determine the employee’s ability to perform in the assigned position or need for an accommodation, including assignment to a different class.
SECTION 34
EDUCATION INCENTIVE & TUITION REIMBURSEMENT PROGRAMS
Purposes of Programs
The City shall provide an Education Incentive Program (“EIP”) and a Tuition Reimbursement Program (“TRP”). In providing these programs, the City acknowledges the benefits of continuing education for its employees and the value of that academic experience to the City. The City and the Association also acknowledge that, as the educational level of an employee increases beyond that required for a particular position the benefit of such additional education begins to shift towards the individual employee, affording personal satisfaction, professional development, and other intangible rewards.
Educational Incentive Program & Eligibility
Any full-time regular employee, who has successfully completed probation, shall be eligible to receive EIP compensation for a degree(s) earned prior to, or during the course of, employment with the City provided such degree(s) meets the following criteria:
1 The degree(s) held is/are not required by the employee’s current job classification; and The degree(s) held is/are related to the employee’s current job classification even if not required by such classification; and The degree(s) held is/are related to the employee’s eligibility for promotion from one job classification to another.
The determination of any employee’s eligibility to receive EIP compensation shall be made by the City’s Personnel Officer, in his/her sole and unfettered discretion. The Association acknowledges and agrees that the decision to approve or disapprove EIP compensation is not subject to the grievance process, appeal to the Civil Service Commission, appeal to the City Council, or to court action.
Effective July 8, 2017, any qualifying employee shall receive his/her EIP compensation monthly for the following degrees and in the following amounts:
Degree EIP Compensation
AA/AS $250 per month
BA/BS $350 per month
MA/MS $450 per month
EIP compensation shall be paid in lieu of and not in addition to the TRP reimbursement set forth below. A qualifying employee may be eligible to receive either EIP compensation or TRP reimbursement but in no event may an employee be eligible to receive both.
Employees must submit verification of their educational achievement within 6 months of the completion of their degree to receive EIP compensation retroactive to the date of graduation. If the verification is received later than 6 months after the achievement/date of graduation, the EIP compensation will begin with the next pay period and there will be no retroactive EIP compensation.
In the event an employee receiving EIP compensation is promoted and/or reclassified into a job classification which requires the degree(s) held by the employee, such employee shall therefore cease to be eligible for EIP compensation but may be eligible to receive TRP reimbursement as set forth below.
The parties agree that EIP compensation is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR 571(a)(2) and 571.1(b)(2)Educational Pay.
Tuition Reimbursement Program & Eligibility
Any full-time regular employee, who has successfully completed probation, and who is not already receiving EIP compensation, shall be eligible to receive TRP reimbursement for the actual costs of tuition, books, and any required lab or other fees (not including fees for parking or such fees as are required for university or college enrollment generally) for post-high school college, vocational, technical, or other educational courses or classes (simply “educational units”) provided such educational units meet the following criteria:
The educational units are related to the employee’s job classification; or The educational units are related to the employee’s eligibility for promotion from one job classification to another; or The educational units are related to the employee’s pursuit of a job-related college or university degree, technical certification, or professional license, or to any continuing educational requirement of such degree, certificate, or license. This includes general education courses necessary to complete degree requirements for a job-related Associate’s, Bachelor’s or Master’s degree.
The determination of any employee’s eligibility to receive TRP reimbursement shall be made by the City’s Personnel Officer, in his/her sole and unfettered discretion. The Association acknowledges and agrees that the decision to approve or disapprove TRP reimbursement is not subject to the grievance process, appeal to the Civil Service Commission, appeal to the City Council, or court action.
A qualifying employee shall be paid TRP reimbursement upon satisfaction of each of the following reimbursement conditions:
The employee shall have successfully completed the educational unit. An employee shall be deemed to have successfully completed an educational unit by receiving a letter grade of “C” or better for all educational units for which a letter grade is afforded, by receiving “Pass” for all educational units for which a “Pass/Fail” grade is afforded, or by receiving “Credit” for all educational units for which a “Credit/No Credit” grade is afforded; and The employee shall have provided to the Personnel Officer a copy of the official transcript or report card of the educational unit completed; and The employee shall have provided to the Personnel Officer verification, to the satisfaction to the Personnel Officer, of enrollment in and payment of the registration or other reimbursable fee(s) for the educational unit, including the actual cost of tuition, books, and any reimbursable fees associated therewith; and The Personnel Officer has independently verified the employee’s enrollment and successful completion of the educational unit for which reimbursement is sought.
The maximum TRP reimbursement for any educational unit successfully completed shall be $1,500 per calendar year. This shall include the actual costs of tuition, books, and reimbursable fees.
Employees must submit their request for reimbursement within 60 days of completing their pre-approved coursework.
TRP reimbursement shall be paid to any qualifying employee within thirty (30) calendar days of such employee’s satisfaction of all conditions precedent to TRP reimbursement. It shall be the employee’s sole and entire obligation to complete all conditions precedent to the City’s payment of TRP reimbursement.
If an employee voluntarily leaves the City within 24 months of receiving Tuition Reimbursement payments, they will be required to re-pay all reimbursements received within the last 24 months. This amount will be deducted from their final pay check.
SECTION 35
PEACE OFFICER STANDARDS AND TRAINING (POST) PAY
Employees who possess an Advanced POST Certificate are eligible to receive POST pay of two and one-half percent (2.5%) at their current base pay.
Effective the first full pay period that includes July 1, 2026, Advanced POST Certificate pay will increase to 4% of base pay.
Employees will receive the Advanced POST pay upon submission of their Advanced POST certificate to the department effective the beginning of the next full pay period.
The parties agree that to the extent permitted by law, Peace Officer Standards and Training Pay is special compensation as defined by CalPERS regulations and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Peace Officer Standard Training (POST) Certificate Pay.
SECTION 36 LONGEVITY PAY
Effective July 1, 2023, eligibility for Longevity Pay is as follows:
Years of Service
Monthly Benefit
5 Years
$300.00
10 years
$500.00
15 years
$750.00
20 years
$1,000.00
Employees who have completed years of service as a sworn police officer shall be eligible for longevity pay as outlined in the table above.
Longevity Pay is not cumulative. An employee will only receive the highest level of Longevity Pay for which the employee is qualified.
Applicability of Lateral Recruitment Incentive for Existing Employees (Resolution 2023-11-6768) Employees hired as of July 1, 2023, as a lateral entry Police Officer will receive credit for prior years of continuous law enforcement public service, as a Peace Officer Standards and Training (P.O.S.T.) certified or P.O.S.T. approved Peace Officer, at another agency, for the following:
City’s Annual Sick Leave Cash Out Program (POA MOU, Section 6, D.) Vacation Accrual Rate
City’s Vacation Cash-Out (POA MOU, Section 5, G.)
Longevity Pay
The parties agree that to the extent permitted by law, Longevity Pay is special compensation as defined by CalPERS regulations and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1) as Longevity Pay.
SECTION 37 FLEXIBLE BENEFITS PLAN
The City agrees to participate in an IRS Section 125 Flexible Benefits Plan on a City-wide basis. Under the plan, the City agrees to provide payroll deductions for those employees participating in the program, and make appropriate disbursements to the plan administrators. The City may terminate its participation at the end of any benefit year, but agrees to provide 6 months notice of such termination to the Association.
It is expressly agreed that the provision of a Flexible Benefits Plan is not considered to be a term or condition of employment and may be modified by the City Council at any time unilaterally, without meeting and conferring and the Association waives any rights it may have under the Meyers-Milias-Brown Act. The City may modify or amend said plan at any time and agrees to notify the Association of any impending modification or amendment prior to its effective date.
Notwithstanding the foregoing, the City shall take any actions necessary, with or without the notifications listed above, in situations where required to do so by the Internal Revenue Service.
SECTION 38
FAIR LABOR STANDARDS ACT
7K Exemption
The City has exercised its ability to take a statutory "7K" exemption for sworn police personnel. The work period for such employees shall be 28 days in length, commencing on Friday, April 11, 1986 at 10:30 a.m.
Training Time
Attendance at training schools/facilities which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the regularly scheduled department approved training time. Any time spent in excess of the regularly scheduled department approved training time, will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits, are not compensable hours of work, even though the employee may be confined to campus or to barracks 24 hours a day.
Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work. Mandatory training as required by the Department and/or POST is compensable for actual time spent in training.
Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any hours worked beyond the normal workday will be credited to the individual actually doing the work. "Paybacks" of shift trades are the obligation of the two employees involved in the trade. Paybacks are to be completed within one (1) calendar year of the date of the initial shift trade. Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department ("Shift Trade Log").
Early Relief Policy
The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.
Firearms Qualifications
All members of the department are required to qualify at the range quarterly. Quarterly qualifications will be performed on duty, if feasible, and if not feasible, performed off duty with the prior approval of a supervisory employee. An employee shooting off duty at a required shoot shall be credited for the actual hours spent shooting, or in accordance with the call-back provisions of this Agreement.
Clothes Changing
Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work, as long as the badge and insignia are covered by a non-police issue garment, such as windbreaker. Employees choosing to wear their uniforms covered to and/or from work should not wear their "Sam Browne" belt.
City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. This provision also applies in those situations where the radio must be left on and monitored.
City Motorcycle Use
Employees assigned to motor duty may, at their option, use their City assigned motorcycle to travel to and from work. Such travel time will not be compensated in any manner whatsoever[even when the employee is required to leave the radio on and monitor the radio]. Any work the employee performs on the motorcycle while away from the police facility will not be considered hours worked and will not be compensated in any manner whatsoever.
Canine Assignment
Employees assigned to canine duty shall not be compensated in any manner whatsoever for hours spent in travel time to and from work in a City vehicle. The City provides a pay differential of 5.4% to compensate canine officers for additional duties spent while at home. Officers shall not be compensated in any manner whatsoever for off-duty time spent in the care, feeding, grooming, exercise, informal training, and companionship of their assigned dog except as provided by the pay differential of 5.4%.
Field Training Officer Assignment
Employees assigned as Field Training Officer shall receive a pay differential of 5.0% for those hours spent while actively training Officer and Reserve Officer trainees, effective the first pay period following City Council approval of this Agreement.
Gym Facility
The City provides a gym facility for the voluntary use by employees during their off duty hours. Time spent by employees in working out at the gym facility is not considered hours worked and will not be compensated in any manner.
SECTION 39 PEACEFUL PERFORMANCE
Apart from, and in addition to, existing legal restrictions upon work stoppages, the Association hereby agrees that neither it nor its officers, agents or representatives shall incite, encourage, or participate in any strike, walkout, slowdown, speedup, sick out, or other work stoppage during the life of this Agreement for any cause or dispute whatsoever, either with the Association or with any other person or organization. In the event of work stoppage as enumerated above, the Association, its officers, agents and representatives shall do everything within their power to end or avert the same. Violation hereof will subject violator to legal and equitable judicial relief.
Any employee engaging in or assisting any work stoppage as enumerated above, or refusing to perform duly assigned services in violation of this Article, shall be subject to discipline up to and including termination. The City reserves the right to selectively discipline employees hereunder.
It is understood that violation of this Article by the Association will warrant the withdrawal of any rights, privileges or services provided for in this Agreement and/or legal action by the City for redress and/or damages.
The inclusion of this Article in this contract shall in no way be deemed to stop the City from seeking any form of legal, equitable, or administrative relief to which it may be entitled during the term of this Agreement.
SECTION 40 MANAGEMENT FUNCTIONS
All management rights and functions except those which are clearly and expressly limited in this Agreement shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to:
Manage the City.
Schedule working hours.
Establish, modify or change work schedules or standards.
Institute changes in procedures.
Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee.
Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof.
Determine services to be rendered.
Determine the layout of buildings and equipment and materials to be used therein.
Determine processes, techniques, methods, and means of performing work.
Determine the size, character and use of inventories.
Determine financial policy including accounting procedure.
Determine the administrative organization of the system.
Determine selection, promotion, or transfer of employees.
Determine the size and characteristics of the work force.
Determine the allocation and assignment of work to employees.
Determine policy affecting the selection of new employees.
Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required.
Determine administration of discipline.
Determine control and use of City property, materials, and equipment.
Schedule work periods and determine the number and duration of work periods.
Establish, modify, eliminate or enforce rules and regulations.
Place work with outside firms.
Determine the kinds and numbers of personnel necessary.
Determine the methods and means by which such operations are to be conducted.
Require employees, where necessary, to take in-service training courses during working hours.
Determine duties to be included in any job classification.
Determine the necessity of overtime and the amount of overtime required.
Take any necessary action to carry out the mission of the City in cases of an emergency.
Prescribe a uniform dress to be worn by designated employees.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms are in conformance with law.
Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above-described rights of the City is not subject to the Grievance provision unless such dispute is otherwise grievable under another Article of this Agreement.
SECTION 41 CONSTRUCTION
Nothing contained in this Agreement, or any attachment thereto, is intended to, in any way, modify, interpret, construe, or change existing or future law which may cover the topic. For purposes of this reference, law shall include the Constitution and all relevant Federal statutes, and all final appellate court decisions on the issue. References contained herein to matters covered by the law are included simply for the purpose of drawing the attention of the parties to legal requirements related to City employees and the government of the City.
SECTION 42
FULL UNDERSTANDING, MODIFICATIONS, WAIVER
It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this Agreement.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council.
The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
SECTION 43 MAINTENANCE OF BENEFITS
It is agreed that no member of the Association by virtue of the adoption of this Agreement shall suffer a reduction in wages, hours and/or working conditions, except as specifically provided for and mutually agreed to in this Agreement. All existing ordinances, resolutions and policies of the City pertaining to employment relationship, shall remain in full force and effect, except that where City Policy is modified by this Agreement, this agreement shall take precedence.
SECTION 44
APPEAL HEARING TRANSCRIPTS
If an employee appeals a disciplinary action before the Civil Service Commission, the City shall provide the services of a court reporter to transcribe the hearing. Either party may request that written transcripts of the hearing be prepared. The requesting party will be responsible for the cost of the written transcripts.
SECTION 45 SAVINGS CLAUSE
This Agreement is subject to all applicable Federal, State and City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City's Civil Service Commission. If any part or provision of this Agreement in conflict or inconsistent with such applicable provisions of Federal, State, or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Agreement shall not be affected thereby.
CARLO TOMAINO
CITY MANAGER
PATRICIA AHUMADA
HUMAN RESOURCES MANAGER
WAYNE BYERLEY
CHIEF OF POLICE
KELLI CRIGLER
POLICE LIEUTENANT
YVETTE AGUILAR
PARKS, RECRATION & LIBRARY SERVICES DIRECTOR
GREGORY FRIEND
PRESIDENT
SIGNAL HILL POLICE OFFICERS’ ASSOCIATION
STEVE NOBLE
NEGOTIATING TEAM MEMBER
SIGNAL HILL POLICE OFFICERS’ ASSOCIATION
JEFF POOR
NEGOTIATING TEAM MEMBER
SIGNAL HILL POLICE OFFICERS’
ASSOCIATION
Ratified by the City Council on the 11th day of June, 2024.
ATTEST:
MAYOR
CITY CLERK
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