MEMORANDUM OF UNDERSTANDING

Transcription

1 MEMORANDUM OF UNDERSTANDING 1. RECOGNITION The terms and conditions set forth in this Memorandum of Understanding (MOU) shall apply to employees in Representation Unit A, Managerial/Sworn Employees, as represented by the Novato Police Managers Association (hereinafter Association, Unit or NPMA ). NPMA has been certified as the recognized employee organization. The Association represents the classifications of Police Captain, Police Lieutenant and Police Sergeant. 2. COMPENSATION 2.1 Compensation Surveys The parties share an interest in the fair compensation of employees for work performed. As a point of comparison, the following cities are appropriate for use as survey cities: Alameda, Antioch, Concord, Petaluma, Rohnert Park, San Rafael, Santa Rosa, Vacaville, Vallejo, and Walnut Creek. Should either party choose to conduct a survey, and to present that data in negotiations for a successor MOU, the items to be surveyed will include: salary (at top step), employer paid medical and dental, and PERS. 2.2 Longevity Steps Steps Longevity salary steps shall be as follows: (a) (b) (c) (d) (e) The 10-year longevity step shall be five (5) percent above the 5th step in the salary range. The 15-year longevity step shall be five (5) percent above the 10-year longevity step. The 20-year longevity step shall be five (5) percent above the 15-year longevity step. The 26-year longevity step shall be five (5) percent above the 20-year longevity step (effective January 1, 2008). The 28-year longevity step shall be ten (10) percent above the 20 year longevity step in the salary range (effective January 1, 2006). MOU^011306^Cln 1

2 2.2.2 Service (a) (b) Longevity shall be based on total years of service with the City of Novato in any sworn classification. A unit member who promotes from Unit B shall retain his/her fifty (50) percent credit for years of service in a sworn classification with another California public agency. 2.3 Salary Schedule Each unit member shall be paid based upon his/her placement on the salary schedule that is Appendix A. 2.4 Effect of Promotion on Salary Calculation The salary of a unit member who is promoted to any classification within Unit A will be determined in accordance with the City s administrative policy concerning salary calculations for promotions. In no event shall a unit member advance to any step in the salary range, including the longevity steps, regardless of length of service, in a manner that is inconsistent with this policy. 2.5 Hourly Rates Hourly rates shall be calculated by dividing a unit member s annual salary by Regular Rate of Pay Items included in determining the unit member s regular rate of pay, for purposes of calculating overtime, retirement and other regular pay calculations, shall include: the pay rate as established in the salary schedule of the unit member s classification; educational incentive pay; extended salary pay; and shift differential. MOU^011306^Cln 2

3 3. HOURS OF WORK 3.1 Regular Work Day Patrol Bureau During the ten (10) hour or twelve and one-half (12.5) hour workday of the Patrol Bureau, a period of time not to exceed thirty (30) minutes, may be available for mealtime. This mealtime is a part of the regular workday and will be at the discretion of the Novato Police Department. In the event that the staffing levels fall to a point where a ten (10) hour or a twelve and onehalf (12.5) hour workday is no longer feasible, the City reserves the right to return to an eight (8) hour workday, with meal provisions as stated above, until staffing returns to the appropriate level Other Sworn Personnel All other sworn unit members will have a regular working day of ten (10) hours. A period of time not to exceed thirty (30) minutes may be available for mealtime. This mealtime is part of the regular workday and will be at the discretion of the Novato Police Department. 3.2 Regular Work Period A regular work period shall be one hundred sixty (160) hours to be worked within a twenty-eight (28) day period beginning at 12:01 a.m. Sunday and ending at 12:00 midnight on Saturday. 3.3 Standard Hours and Days of Work Work Week/Other Sworn Personnel (a) (b) The work week shall consist of forty (40) hours between 12:01 a.m. on Sunday and 12:00 midnight on the following Saturday. This provision is to provide flexibility in staffing hours to meet the operational needs of this department. Nonstandard hours and days of work for unit members shall be as established in writing by the City Manager. MOU^011306^Cln 3

4 3.3.2 Work Week/Patrol Bureau (a) (b) The standard work week of those unit members regularly assigned to the Patrol Bureau shall consist of four (4) consecutive days during which the unit member works ten (10) hours each day or three (3) consecutive days during which the unit member works twelve and one-half (12.5) hours each day plus one additional day of ten (10) hours during a four (4) week period. In the event that staffing level falls to a point where a four (4) day ten (10) hour work week (4-10 schedule) or three (3) day twelve and onehalf (12.5) hour work week is no longer feasible, the City reserves the right to return to a five (5) day eight (8) hour work week (5-8 schedule), as set forth in Section above, until staffing returns to the appropriate level. 3.4 Shift Change Regular shift assignment changes for individuals and emergency assignments are not subject to the provisions of meeting and conferring. City shall provide a minimum of ten (10) working days notice to unit members prior to changing their regular shift assignment. The unit member may waive the ten (10) day notice. Under normal conditions, shift changes shall occur at 12:01 a.m. on the appropriate Sunday within the shift cycle. 3.5 Hours of Work Daily hours of work for Captains and Lieutenants shall be assigned by the Chief of Police, as required to meet operational requirements of the department. 3.6 Time Between Shifts 4. OVERTIME City shall schedule unit members covered under these terms and conditions in such a way as to assure a minimum of twelve (12) hours between assigned shifts, except under emergency conditions. A unit member may waive the twelve-hour requirement. 4.1 Overtime Eligibility Unit members covered by these terms and conditions are allocated to the following groups: MOU^011306^Cln 4

5 Group I: Time-related positions; eligible for time and one-half (1.5) paid overtime. Overtime is time worked beyond forty (40) hours during the regular work week. POLICE SERGEANT Group II: FLSA Exempt Employees All FLSA exempt employees have managerial or professional status and all work assignments are of a professional nature. Accordingly, these employees are accountable for results rather than time worked. POLICE CAPTAIN POLICE LIEUTENANT 4.2 Standby For unit members occupying classes which are eligible for overtime, when after the unit member s regular work period he/she is required by written order of his/her department head to leave word where he/she may be contracted to return to work if needed within a reasonable period of time, unit member shall receive one (1) hour s pay at the overtime rate for each eight-hour period or portion thereof he/she is required to remain on standby outside of standard hours and days of work and is not called back to work Standby premium pay is not included as hours worked in regular rate of pay. 4.3 Callback For unit members occupying classes which are eligible for overtime, any unit member who has departed from his/her work location and is called back: (a) (b) is guaranteed a minimum of two (2) hours compensation; unless the callback immediately preceded his/her shift Unit members who do not receive 24-hour notice of cancellation of department-scheduled nonemergency callback will receive callback pay. This includes canceled court appearances, provided that the court appearance would have fallen on the unit member s day off and notice was not received prior to end of unit member s last work day Callback time shall be paid at the overtime rate and is not included as hours worked in regular rate of pay. MOU^011306^Cln 5

6 4.4 Court Time If a unit member is subpoenaed or directed to appear in court as a result of his/her work activities, court time shall be compensated at the overtime rate. (a) (b) Compensation for court time shall be for a minimum of four (4) hours if the court time occurs on a non-work day. One-half (½) hour of this minimum is considered travel time. There shall be no minimum guarantee if the court time is an extension (either preceding or succeeding) of an assigned shift Court time shall not be paid if the case is dismissed due to the late arrival in court by the unit member. 4.5 Compensatory Time A unit member who is eligible for overtime under this MOU may elect to receive Compensatory Time Off (CTO) in lieu of payment for overtime worked. CTO will be used at a time approved or directed by the City CTO is time not worked A unit member may accumulate up to one hundred twenty (120) hours compensatory time which may be carried beyond the established work period This section will be administered under the requirements of the Federal Labor Standards Act. 4.6 Special Overtime Police Lieutenants are eligible for special overtime assignments as uniformed field officers. Special assignments would not include any time related to the performance of regular Police Lieutenant duties and activities. Special overtime compensation for Police Lieutenants shall be at one and one-half times the top step monthly salary rate of the Sergeant classification. 4.7 Limitation of Overtime It is the policy of the City to keep all overtime usage to a minimum. Overtime payment will be controlled by funds authorized in the approved budget. This policy extends to all varieties of overtime usage. Prior written authorization of the immediate supervisor must be secured and communicated to the unit member. MOU^011306^Cln 6

7 Overtime shall be compensated to the nearest half (½) hour. This shall apply to accumulation of all overtime during a work week. 5. SHIFT DIFFERENTIAL :00 Midnight - 8:00 a.m. Differential Shift differential in the amount of Fifty Dollars ($50) per month will be paid to unit members regularly assigned to a work shift in which four (4) or more hours fall between 12:00 midnight and 8:00 a.m :00 Midnight - 8:00 a.m. Employee Option Unit members working between the hours of 12:00 midnight and 8:00 a.m. for their own convenience and who are not assigned to do so by their immediate supervisor are not eligible for shift differential. 5.3 Regularly Assigned Shift Regularly assigned shift means that when assigned to work a shift by his/her supervisor, a unit member has every expectation that the shift will continue for an extended period of time of not less than one (1) calendar month. 6. WORK IN HIGHER CLASSIFICATION A unit member who is assigned to work in a higher classification for eighty (80) hours or more in accumulative full work days in a fiscal year shall receive compensation for the time worked based on the rate of pay for the higher classification, but in an amount not less than one hundred five percent (105%) of his/her regular rate of pay. Such assignment shall be made by the department head with the prior approval of the City Manager. To be approved to work in a higher class, the unit member must substantially perform the duties of the higher class. This provision shall not apply to unit members performing higher duties as a result of a written training program for higher classifications. 7. OTHER COMPENSATION AND BENEFITS 7.1 Educational Incentives A unit member shall receive educational incentive pay as set forth below: AA/AS Degree 3% BA/BS Degree 4% MOU^011306^Cln 7

8 MA/MS Degree 5% (Criminal Justice, Public Administration, MBA or closely related field) Note: The percentages set forth above are not cumulative. 7.2 Uniform Allowance New Employees Newly employed unit members shall be paid the sum of Five Hundred Dollars ($500) at the time of their initial appointment with the City to purchase uniforms as required by the Police Department in the manner prescribed by the City policy All Other Employees a. Unit members shall be paid Fifty Dollars ($50.00) per month th commencing with the thirteenth (13 ) month of employment. The employee will be issued the clothing allowance on a quarterly basis. b. Commencing July 1, 2006, uniform allowance shall increase from Fifty Dollars ($50.00) per month to Sixty Dollars ($60.00) per month Uniforms Uniform clothing to be purchased will be as required by City policy. Uniforms will be maintained in good condition by each unit member in accordance with established City policy Separating Employees Unit members who terminate their services, or who are released from duty, may be required to return a portion of the clothing allowance. The amount to be returned will be prorated based on the length of employment Time Not Worked If a unit member is on leave of absence without pay or on leave status in excess of one (1) month, uniform allowance entitlement will not be paid for time not worked. MOU^011306^Cln 8

9 7.3 Equipment/Vests 8. HOLIDAYS The City will provide all necessary safety equipment as required by Section 6401 of the State Labor Code, subject to any applicable legislative or judicial interpretation of that statute during the term of this MOU. In total for the bargaining unit, City shall pay up to One Thousand Dollars ($1000) towards protective vests. 8.1 Twelve (12) Holidays The City shall provide unit members covered by these terms and conditions twelve (12) paid holidays per year: 8.2 Pay In-Lieu January 1, New Year s Day Martin Luther King Day, third Monday in January Presidents Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veteran s Day, November 11 Thanksgiving Day Friday after Thanksgiving December 24, Christmas Eve December 25, Christmas Day December 31, New Year s Eve All unit members will be paid in the first week of December of each contract year for all twelve (12) authorized holidays during the preceding twelve-month period Unit members shall be paid for one hundred twenty (120) hours at the unit member s regular rate of pay at the time payment is made Unit members who worked less than the twelve (12) full previous months will be compensated as indicated above, for the number of authorized holidays that actually occurred during their actual employment Unit members not in a pay status, excluding disciplinary action, on a day preceding a holiday shall not receive the benefit of a paid holiday. MOU^011306^Cln 9

10 8.3 Exceptions to Pay In-Lieu For unit members working a 4-10 schedule, if their regular work day falls on a holiday and the day is not worked, ten (10) hours will be deducted from compensation, vacation time accruals or administrative leave For unit members working a schedule, if their regular work day falls on a holiday and the day is not worked, twelve and one-half (12.5) hours will be deducted from compensation, vacation time accruals or administrative leave. 9. VACATION 9.1 Vacation Entitlement Service 1st year 2nd year 3rd year 4th year 5th year 6th year 7th year 8th year 9th year 10th-14th yrs 15th-19th yrs 20th year 21st+ year Hours Earned 80 hours/3.08 ppd 88 hours/3.38 ppd 96 hours/3.69 ppd 104 hours/4.00 ppd 112 hours/4.31 ppd 120 hours/4.62 ppd 128 hours/4.92 ppd 136 hours/5.23 ppd 144 hours/5.54 ppd 152 hours/5.85 ppd 160 hours/6.15 ppd 168 hours/6.46 ppd 176 hours/6.77 ppd 9.2 Vacation Accrual A unit member shall begin accruing vacation upon the first day of employment. Vacation leave time shall be accrued as it is earned, odd fractions rounded to the nearest tenth. Unit members on leave without pay status shall not earn vacation. Vacation time shall not be taken until earned and shall be subject to all other provisions of this MOU. 9.3 Vacation Accrual Limit Unit members may accrue no more than three hundred twenty (320) hours of vacation time. When a unit member reaches their maximum vacation accrual, no further vacation will accrue until the unit member s accrual is decreased below the allowed maximum of three hundred twenty (300) hours. MOU^011306^Cln 10

11 9.4 Vacation Redemption On the anniversary date of their hire, unit members may sell back to the City up to eighty (80) hours of accrued vacation. 9.5 Vacation Usage Unit members in the classification of Sergeant may take vacation in one (1) hour increments All unit members must take at least eighty (80) hours of annual vacation leave each calendar year, with forty (40) hours taken as consecutive time. Unit members shall report circumstances which prevent the unit member from taking the eighty (80) hours of annual vacation because of management requests or any other reason that justifies the inability to use the vacation time. 9.6 Status Report of Accrued Vacation Leave Each unit member shall receive, on his or her pay check stub, an official record of accrued vacation leave. Verification of a unit member s official accrued vacation will be provided by the City based on a reasonable request for such verification. 9.7 Effect of Termination 10. SICK LEAVE Upon termination of a unit member s service with the City, he or she shall be paid a lump sum for all accrued and unused vacation and CTO General Accrual Usage Each unit member covered by these terms and conditions shall be entitled to eight (8) hours of sick leave with pay for each month or major fraction thereof served. When a unit member is on leave without pay, sick leave credit will not be accumulated. Sick leave with pay up to the total number of accumulated sick days shall be granted by the department head in case of bona fide illness or injury of the unit member. Immediately upon return to work, the unit member shall complete and submit the City s Absence and Leave Affidavit to his/her immediate supervisor. The City may determine, by reasonable means, the MOU^011306^Cln 11

12 validity of any sick leave usage either as a condition of continuing a unit member on sick leave status or as a requirement of returning to work. Additionally, if the City suspects a unit member is abusing or has abused sick leave, the City may require the unit member to be examined by the City s medical examiner at no cost to the unit member Days Absence For absence of more than three (3) days, a unit member may be required to present a medical doctor s certificate verifying the personal illness or injury and/or a medical authorization to return to work Bereavement and Special Sick Leave Special Sick Leave Leave with pay up to forty (40) hours per year shall be granted by the department head in case of the death or serious illness of a mother, motherin-law, father, father-in-law, spouse, sister, brother, son or daughter, uncles, aunts, step-parents, step-children and grandparents Bereavement Leave Bereavement leave or special sick leave in case of death or serious illness of other persons may be granted only upon approval of the City Manager. Bereavement or special sick leave shall be charged against accumulated sick leave Pregnancy Disability Leave Eligibility All female unit members, regardless of length of service with the City, shall be entitled to take a pregnancy disability leave if they are actually disabled by pregnancy Length of Leave (a) Leave of up to four (4) months may be taken, as needed, for the period(s) of time a unit member is actually disabled by pregnancy.! Four (4) months means the number of days the unit member normally would work within that four (4) month period.! For example, a full-time unit member who works five (5) eight-hour days per week would be entitled to up to eighty- MOU^011306^Cln 12

13 eight (88) working days of leave, based on an average of twenty-two (22) working days per month for four (4) months. (b) A unit member who works fewer than five (5) days a week, or eight (8) hours per day, receives leave on a pro rata or proportional basis Intermittent Leave The leave may be taken intermittently or in a reduced work schedule when medically advisable, as determined by the health care provider of the unit member Compensation The leave is unpaid. A unit member may elect, however, to use accrued sick or vacation leave during the otherwise unpaid portion of the leave. The City may require a unit member to use accrued sick leave during the otherwise unpaid portion of the leave Benefits During the leave, a unit member will receive City-paid benefits at the same level as if the unit member were not on leave. A unit member will continue to accrue seniority during the leave period Notice A unit member must provide the City at least thirty (30) days advanced written notice before leave is to begin. If thirty (30) days advance notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable Medical Certification of Need for Leave The City will require medical certification of the need for leave. The medical certificate should contain: (a) (b) (c) The date on which the unit member became disabled due to pregnancy; The probable duration of the period or periods of disability; and An explanatory statement that because of the disability, the unit member is either unable to work at all or is unable to perform any one (1) or more of the essential functions of her position, without undue MOU^011306^Cln 13

14 risk to herself or to other persons, or to the successful completion of her pregnancy Release to Return to Work The City will require a unit member to obtain a release to return to work from her health care provider prior to returning to work Reinstatement 10.4 Paternity Leave A unit member will be reinstated in accordance with FEHC A maximum of five (5) days leave with pay shall be granted for the purpose of preparation for and care of a newly born or newly adopted child. Paternity leave shall be charged against accumulated sick leave Exceptions Sick leave with pay shall not be granted for any injury attributable to an outside occupation (for which worker s compensation benefits are available and for which the City has not previously approved [in writing] the unit member s outside occupation) Exhaustion of Sick Leave When a unit member is on sick leave status, and the unit member has exhausted all accrued sick leave, subsequent absences shall first be charged to accrued CTO and then to vacation accruals. An exception shall be made if such would cause a unit member to lose vacation which could not be carried forward Sick Leave Pay Off Accumulated sick leave hours will be credited to the unit member s length of service upon retirement from the City of Novato and will become a part of the calculation upon which PERS retirement benefits are established Doctor/Dentist Visits Sick leave may be used for doctor or dentist visits or to obtain medical or dental care, subject to advance approval by the department head Sick Leave Transfer MOU^011306^Cln 14

15 A unit members may transfer earned sick leave to other unit members, or to employees in other bargaining units participating in this program, subject to the following conditions: The transferee shall have, or shall expect, to have a total accrued sick leave time of less than twenty-four (24.0) hours at the time of the transfer No one can, by use of this transfer, reduce his or her accrued sick leave to less than forty (40.0) hours All such transfers shall be approved by the Assistant City Manager or his/her designee All transfers shall be anonymous to the transferee Employees must have a verified emergency need for time off to request a sick leave transfer. Medical emergencies for the employee or dependent shall be verified by a doctor s certification and shall include the anticipated duration of the medical emergency. Non-medical emergencies shall be verified by certification acceptable to the City and shall include the anticipated duration of the emergency Employees must have exhausted appropriate paid leave (sick leave including, vacation or CTO) prior to becoming eligible to request a sick leave transfer Use of sick leave will be treated in the same manner as use of regular sick leave. The employee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited sick leave Sick Leave which has been credited to the employee and has not been used when the emergency has terminated will be reinstated to the pool A retiring employee may not transfer sick leave to the pool. 11. INDUSTRIAL ACCIDENT LEAVE In cases where Worker s Compensation is not immediately payable, the City will provide full pay, without charge against sick leave, during the first three (3) days off work and any portion thereof, following an industrial accident, provided the City determines that: 1. The accident is, in fact, work related. 2. Time off work is necessary as determined by City medical examiner. 3. The duration of the time off work is necessary as determined by City medical examiner. MOU^011306^Cln 15

16 The City has the right to require that the treatment of work-related injuries or illnesses be provided by a City-designated medical examiner. This does not preclude the employee from seeking emergency treatment from a medical examiner of the employee s choice. However, if an employee has completed the City Physician Designation Form prior to the date of the injury, that employee may be treated by his or her own physician as designated on the form from the date of the injury. Industrial accident leave shall begin on the first day of such absence and shall continue for a total of not more than one (1) year. While employee is on such leave and receiving full pay, the employee for administrative convenience shall remit his/her temporary compensation payment from Worker s Compensation to the City of Novato. Such industrial accident payment shall cease if an employee is earlier retired on a disability retirement. If an employee is on industrial accident leave or light duty and disciplinary action in the form of suspension is taken, such time shall be charged to leave without pay. In the event that an employee who has returned to duty from industrial accident leave is subsequently absent from work as a result of the same injury or disease, such absence shall be considered to be a part of the original industrial accident leave. When an employee is on industrial accident leave status and such industrial accident leave time due the employee has been exhausted, subsequent leave of absence shall first be charged to sick leave accruals, then to compensatory time accruals and then to vacation accruals. An exception shall be made if such would cause an employee to lose vacation which could not be carried forward. 12. SPECIAL LEAVE 12.1 Miscellaneous Leave With Pay A unit member in the competitive service shall be granted leave of absence with full pay for: Service on a trial or inquest jury; or Attendance in court resulting from his/her official duties as assigned by the City. Paid leaves of absence will not apply if an absence for any of the above reasons fall on a day which is not a regularly scheduled work day. Any extra compensation received by the unit member for the above (travel time exempt) shall be remitted by the unit member to the City Leave of Absence Without Pay/Family Care and Medical Leave MOU^011306^Cln 16

17 Leave of absence without pay is intended to serve the purpose of covering unforeseen or special events and where other leave balances are not available. Approval by the Personnel Director for periods not exceeding a total of five (5) days is required. Approval by the City Manager is required for leaves in excess of a total of five (5) days and up to three (3) months. Leaves in excess of three (3) months and up to one (1) year require City Council approval. During such leave of absence, benefits will not be paid unless the unit member elects to reimburse the City for cost; sick leave, vacation or holiday benefits will not be accrued or paid. All leaves of absence without pay must be approved in writing. Leave of Absence without pay will also be granted in accordance with the Federal Family and Medical Leave Act of The City shall comply with the requirements of the State and Federal Family Medical Leave Acts, as they are in effect or may be amended during the term of this MOU. 13. ADMINISTRATIVE LEAVE In recognition of the irregular hours and time required by Police Captains and Lieutenants, an administrative leave program is established. Each unit member in these classes may receive up to one hundred twenty (120) hours of administrative leave annually (fiscal year), to be awarded at the discretion of the department head. Such leave shall not accrue beyond the fiscal year. 14. BENEFITS AND INSURANCE 14.1 City Contribution Benefits and Insurance (a) (b) (c) (d) Effective July 1, 2005, the City will pay each full-time unit member Six Hundred Twenty-Five Dollars ($625) per month toward benefits/insurance coverage. Effective January 1, 2007, the City will pay each full-time unit member Six Hundred Seventy-Five Dollars ($675) per month toward benefits/insurance coverage. Effective January 1, 2008, the City will pay each full-time unit member Seven Hundred Twenty-Five Dollars ($725) per month toward benefits/insurance coverage. Effective January 1, 2009, the City will pay each full-time unit member Seven Hundred Seventy-Five Dollars ($775) per month toward benefits/insurance coverage. MOU^011306^Cln 17

18 Post Retirement Health Benefits (a) The City shall contribute on behalf of each unit member One Hundred Dollars ($100) per month toward an account established for the purpose of funding post retirement health benefits. (b) Effective July 1, 2006, the City s contribution shall increase to One Hundred Twenty-Five Dollars ($125) per month Eligibility Date When a full-time unit member commences work with the City, his/her benefit distribution selection shall become effective the first of the month following date of employment. Deductions for benefits shall be made within the month for which coverage is provided Benefits for Part-Time Employees A regular unit member who is working less than a full schedule shall be entitled to all benefits provided on a reduced time or payment basis computed on the ratio of allocated part-time employment to full-time employment Benefit Options! All unit members must participate in the following: G Employee Life Insurance (Basic $5,000, AD&D) G State Disability Insurance G Dental Insurance! Unit members may participate in the following (or may opt out): G Employee Disability Income Insurance G A medical plan available through the PERS Health Plan for employee only, or employee and one (1) dependent, or employee and two (2) or more dependents Enrollment The times at which enrollment in or withdrawal from nonmandatory group life and disability income insurance plans is authorized shall be as established by City policy subject to requirements of the insurance carriers Benefits and Insurance Committee If the NPMA desires, the City and representatives from Unit A will participate in a committee consisting of representatives from all other Units to discuss improving the entire benefit package of the City. MOU^011306^Cln 18

19 14.7 Domestic Partners 15. RETIREMENT Health and welfare benefits available to unit members shall also be available to domestic partners so long as the provider of the benefit covers domestic partners. To qualify for domestic partner benefits, the unit member and his or her domestic partner shall be subject to the eligibility and registration requirements established by Section 297 of the State of California Family Code and by the California Secretary of State, as well as any requirements of the benefit provider. This shall include any requirements established by the California Public Employees Retirement System as a provider of health benefits PERS Plan The City will provide the following benefits through its contract with PERS for a retirement plan:! three percent (3%) at 55 Local Safety Member Retirement Program,! Level Survivors Benefits,! sick leave service credit,! one-year highest compensation benefit,! purchase of Military Service Credit (Government Code 21024) Contribution to PERS Unit Member s 9% The City shall contribute on behalf of members of Unit A nine percent (9%) toward the unit member s contribution to the Public Employees Retirement System EPMC The City will report the employer-paid member contributions (EPMC) to PERS as compensation effective 7/1/96 and as identified in Government Code Section 20023(c). MOU^011306^Cln 19

20 15.3 PERS Plan Enhancements The parties agree to confer during the term of this MOU on the possible implementation of the 2+2" retirement benefit plan or similar service credit program if CalPERS should be authorized to offer such a benefit. 16. ASSOCIATION RIGHTS Designated Association representatives shall be allowed to conduct Memorandum of Understanding maintenance business during regular working hours provided that the combined hours for all representatives performing such maintenance business shall not exceed a total of thirty (30) working hours per month. Prior approval by the Chief of Police is required before the conduct of Association business, and time spent in the conduct of Association business must be reported in the manner prescribed by departmental policy and the employer-employee relations resolution of the City. Whenever a person is hired in any of the job classifications covered by these terms and conditions, City shall notify such person that the Association is the recognized employee organization for employees in that classification. 17. CITY RIGHTS To ensure that the City is able to carry out its statutory functions and responsibilities, certain city rights will not be subject to the meet-and-confer process. These include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standard of selection for employment, promotion and transfer; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the method, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over the technology and organization of performing its work. 18. CONCERTED ACTIVITIES 18.1 Strike/Work Stoppage As used in this section, strike or work stoppage means the concerted failure to report for duty, the willful absence from one s position, the stoppage of work, or slowdown of work for the purpose of encouraging, influencing, or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment Association Role Strike/Stoppage MOU^011306^Cln 20

21 Association shall not support or participate in or condone any strike/slowdown or other work stoppage by employees in the Unit during the term of this MOU Penalty for Engaging in Strike/Stoppage If a recognized employee organization, its representatives, or members, in a concerted effort, engage in, cause, instigate, encourage, or condone a strike or a work stoppage of any kind, in addition to any other lawful remedies or disciplinary actions, the Municipal Employee Relations Officer may suspend or cancel any or all payroll deductions payable to such organizations, and prohibit the use of bulletin boards, prohibit the use of City facilities and prohibit access for former work or duty stations by such organization No Lockout Clause 19. DISPUTES During the term of these terms and conditions, City will not lock out employees. All disputes arising under these terms and conditions shall be resolved in accordance with the City s adopted grievance procedures. 20. TERM This MOU shall expire on June 30, MOU^011306^Cln 21

22 APPENDIX A - UNIT A MONTHLY SALARY RANGES Effective January 1, 2006 (4% adjustment) Step 1 Step 2 Step 3 Step 4 Step 5 10 Yr. 15 Yr. 20 Yr. 28 Yr. Captain 8,288 8,703 9,138 9,595 10,075 10,578 11,107 11,663 12,829 Lieutenant 7,260 7,623 8,004 8,404 8,824 9,265 9,728 10,215 11,236 Sergeant 6,138 6,444 6,767 7,105 7,460 7,833 8,225 8,636 9,500 Effective January 1, 2007 (3% adjustment) Step 1 Step 2 Step 3 Step 4 Step 5 10 Yr. 15 Yr. 20 Yr. 28 Yr. Captain 8,537 8,964 9,412 9,883 10,377 10,896 11,440 12,012 13,214 Lieutenant 7,477 7,851 8,244 8,656 9,089 9,543 10,020 10,521 11,573 Sergeant 6,322 6,638 6,970 7,318 7,684 8,068 8,472 8,895 9,785 Effective January 1, The salary schedule shall be improved a percentage equal to the change in CPI (Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose) for the twelve (12) month period of December 1, 2006 to November 30, 2007, that is not less than three percent (3%) nor more than four percent (4%). In addition, a 26 Year Longevity Step shall be added to the Salary Schedule. The 26 Year Step shall be five (5) percent higher than the 20 Year Longevity Step. Members qualifying for the 26 Year Step shall have their salary adjusted accordingly. Effective January 1, The salary schedule shall be improved a percentage equal to the change in CPI (Urban Wage Earners and Clerical Workers for San Francisco-Oakland-San Jose) for the twelve (12) month period of December 1, 2007 to November 30, 2008, that is not less than three percent (3%) nor more than four percent (4%). MOU^011306^Cln 22

23 The parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding for the term set forth in Article 20 above. NOVATO POLICE MANAGERS ASSOCIATION CITY OF NOVATO Jim Berg President Daniel E. Keen City Manager/ Rich Hill Secretary-Treasurer Mary Neilan Assistant City Manager/ Labor Relations Officer David H. Swim, D.P.A. Union Representative Dan Weakley Human Resources Manager MOU^011306^Cln 23

24 TABLE OF CONTENTS Page 1. RECOGNITION COMPENSATION Compensation Surveys Longevity Steps Steps Service Salary Schedule Effect of Promotion on Salary Calculation Hourly Rates Regular Rate of Pay HOURS OF WORK Regular Work Day Patrol Bureau Other Sworn Personnel Regular Work Period Standard Hours and Days of Work Work Week/Other Sworn Personnel Work Week/Patrol Bureau Shift Change Hours of Work Time Between Shifts OVERTIME Overtime Eligibility Standby Callback Court Time Compensatory Time Special Overtime Limitation of Overtime SHIFT DIFFERENTIAL :00 Midnight - 8:00 a.m. Differential :00 Midnight - 8:00 a.m. Employee Option Regularly Assigned Shift WORK IN HIGHER CLASSIFICATION OTHER COMPENSATION AND BENEFITS...7 MOU^011306^Cln i

25 7.1 Educational Incentives Uniform Allowance New Employees All Other Employees Uniforms Separating Employees Time Not Worked Equipment/Vests HOLIDAYS Twelve (12) Holidays Pay In-Lieu Exceptions to Pay In-Lieu VACATION Vacation Entitlement Vacation Accrual Vacation Accrual Limit Vacation Redemption Vacation Usage Status Report of Accrued Vacation Leave Effect of Termination SICK LEAVE General Accrual Usage Days Absence Bereavement and Special Sick Leave Special Sick Leave Bereavement Leave Pregnancy Disability Leave Eligibility Length of Leave Intermittent Leave Compensation Benefits Notice Medical Certification of Need for Leave Release to Return to Work Reinstatement Paternity Leave Exceptions Exhaustion of Sick Leave Sick Leave Pay Off Doctor/Dentist Visits Sick Leave Transfer...14 MOU^011306^Cln ii

26 11. INDUSTRIAL ACCIDENT LEAVE SPECIAL LEAVE Miscellaneous Leave With Pay Leave of Absence Without Pay/Family Care and Medical Leave ADMINISTRATIVE LEAVE BENEFITS AND INSURANCE City Contribution Benefits and Insurance Post Retirement Health Benefits Eligibility Date Benefits for Part-Time Employees Benefit Options Enrollment Benefits and Insurance Committee RETIREMENT PERS Plan Contribution to PERS Unit Member s 9% EPMC PERS Plan Enhancements ASSOCIATION RIGHTS CITY RIGHTS CONCERTED ACTIVITIES Strike/Work Stoppage Association Role Strike/Stoppage Penalty for Engaging in Strike/Stoppage No Lockout Clause DISPUTES TERM...21 APPENDIX A - UNIT A MONTHLY SALARY RANGES MOU^011306^Cln iii