Document elcerrito_gov_doc_2238d371f9

AGENDA BILL Agenda Item No. 7(A) Date: October 7, 2014 To: El Cerrito City Council From: Karen Pinkos, Assistant City Manager Subject: Adoption of Memoranda of Understanding between the City of El Cerrito and the Public Safety Management Association ACTIONS REQUESTED 1. Adopt a resolution approving Memoranda of Understanding between the City of El Cerrito and Public Safety Management Association for the following bargaining units: a. Battalion Chiefs b. Police Command Staff (Captain and Lieutenants) c. Fire Chief d. Police Chief 2. Adopt a resolution modifying reporting and payment of employer paid member contributions for the Public Safety Management Association. BACKGROUND/ANALYSIS The City’s Public Safety Management Association (PSMA) represents four separate bargaining units: Battalion Chiefs (Fire Department), Police Management (Captain and Lieutenants), Fire Chief, and Police Chief. Memoranda of Understanding (MOU) for three of the four units had expired prior to this fiscal year, with the exception of the Police Chief. The City’s management team and representatives of PSMA began meeting in June 2014 to discuss successor MOUs for the three expired units and modification of the Police Chief MOU, in light of the financial challenges and the balancing measures being considered for the City budget, both short- and long-term. The City’s management team was also interested in pursuing consistency with respect to the City’s other bargaining units that have negotiated concessions with the City during 2014, specifically with Firefighters Local 1230 and the El Cerrito Police Employees’ Association (ECPEA). PSMA representatives understood clearly the City’s financial position and desire for consistency, and a tentative agreement was accepted by the members of PSMA on September 19, 2014. The successor MOUs essentially mirror the recent modifications made to the MOUs for Local 1230 and the ECPEA as far as wages, PERS contribution, and longevity pay for Police Department employees. ---PAGE BREAK--- Agenda Item No. 7(A) Page 2 Battalion Chiefs and Police Management The changes to the MOUs for these two bargaining units are consistent with the agreements reached with Local 1230 and the ECPEA with respect to wages and PERS contribution: Year Salary Increase Battalion Chief Salary Increase Police Management New PERS Contribution 2014 8.0% 8.0% 9.0% 2015 4.5% 4.5% 1.5% 2016 4.5% 4.0% 1.5% The terms of the agreements for these two bargaining units are also meant to be consistent, with the Battalion Chiefs agreement effective through June 30, 2017 and the Police Management agreement effective through December 31, 2017. Fire Chief and Police Chief The Fire Chief and Police Chief agreements are consistent with the other public safety agreements with respect to PERS contributions. The modifications to salaries and benefits for both of the MOUs for these bargaining units are as follows: Year Salary Increase New PERS Contribution 2014 5.0% 9.0% 2015 1.5% 1.5% 2016 1.5% 1.5% The term of the agreement with the Fire Chief, as with the other Fire Department employees, will expire on June 30, 2017. As previously noted, the Police Chief had been within a valid contract with guaranteed salary adjustments. However, the Chief and PSMA agreed to modify the agreement to be consistent with the other PSMA MOUs, and the City agreed to adjust the Police Chief’s vacation accrual to accurately reflect her total years of law enforcement service. Additionally, the MOU for Police Chief was modified to reflect that the agreement will expire on June 30, 2019. In addition, City representatives agreed to modifications in longevity pay for employees in the Police Department, again to be consistent with the agreement with ECPEA. Modifications to longevity pay are as follows: Longevity Pay—Police Management and Police Chief Years of Service Current Proposed 5 3.0% 7 3.0% 10 15 20 5.0% 7.0% 6.0% 9.0% Other significant changes to all MOUs include the following: ---PAGE BREAK--- Agenda Item No. 7(A) 1. Modifications to vacation accrual similar to the Management and Confidential group are implemented, including a cap of two times the annual accrual rate, a separate vacation bank for any hours in excess of the cap as of January 1, 2015, and more flexibility for vacation cash-out for up to 16 days of vacation provided 16 days were taken the previous fiscal year. 2. Sick leave has been increased to 11 hours and 25 minutes per month. 3. Bereavement leave has been extended from three days to five days. The City's management staff recognizes and appreciates the PSMA members for the amicable discussions that took place, and for their willingness to assist the City with its fiscal challenges both short- and long-term, particularly considering one of the bargaining units was within a valid contract and was not obligated to make modifications. FINANCIAL CONSIDERATIONS The agreements for the PSMA bargaining units are within the initial projections considered for FY 2014-15, therefore funding is available within the adopted budget. LEGAL CONSIDERATIONS The attached resolution modifying reporting and payment of employer paid member contributions for all of the bargaining units are required by PERS when amending the payment of employer paid member contributions (EPMC). These resolutions notify PERS that the City has eliminated the EPMC for the PSMA and increased the member contribution from 0% to ~ ~ S~ Ci~anager Attachments: 1. Resolution adopting an MOU for the Public Safety Management Association bargaining units: Battalion Chief, Police Management, Fire Chief, and Police Chief. 2. Resolution modifying reporting and payment of employer paid member contributions for the Public Safety Management Association. 3. Memorandums ofUnderstanding for Public Safety Management Association a. Battalion Chief b. Police Management c. Fire Chief d. Police Chief Page 3 ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 1 RESOLUTION 2014-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE PUBLIC SAFETY MANAGEMENT ASSOCIATION BARGAINING UNITS WHEREAS, it is in the City’s best interest to recruit and retain high quality public safety management employees for the City; and WHEREAS, an effective means for achieving this objective is to provide competitive salaries, benefits, and conditions of employment for said employees; and WHEREAS, the City has recognized four bargaining units within the Public Safety Management Association as follows: Fire Battalion Chiefs, Police Management, Fire Chief, and Police Chief; and WHEREAS, the City and the Public Safety Management Association have met and conferred in good faith; and WHEREAS, the City of El Cerrito and the Public Safety Management Association representatives have reached agreement regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment as specified in the attached Memoranda of Understanding (Exhibits A through NOW, THEREFORE, BE IT RESOLVED, that the El Cerrito City Council hereby adopts the attached Memoranda of Understanding for the Public Safety Management Association bargaining units: Fire Battalion Chiefs, Police Management, Fire Chief, and Police Chief; and directs the City Manager to execute the agreements. I CERTIFY that at a regular meeting on October 7, 2014, the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on October XX, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 2 RESOLUTION 2014-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO MODIFYING REPORTING AND PAYMENT OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE PUBLIC SAFETY MANAGEMENT ASSOCIATION BARGAINING UNITS WHEREAS, the City Council, as the governing body of the City of El Cerrito, has the authority to implement Government Code Section 20691; and WHEREAS, the City Council of the City of El Cerrito has had written agreements with the Public Safety Management Association bargaining units that specifically provided for a portion of the normal member contributions to be paid by the employer; and WHEREAS, the City’s contribution for the Public Safety Management Association to the California Public Employees Retirement System (PERS) for the employer paid member contribution (EPMC) will end the first full pay period after October 7, 2014; and WHEREAS, the City Council of City of El Cerrito has identified the following conditions: 1. This resolution shall apply to all members of the Public Safety Management Association bargaining units: a. Battalion Chief b. Police Management c. Fire Chief d. Police Chief 2. This benefit shall consist of the City paying zero of the normal member contributions as EPMC; 3. The Public Safety Management Association bargaining units will pay the entire member contribution of nine percent to PERS; 4. This resolution is effective the first full pay period after October 7, 2014. NOW THEREFORE, BE IT RESOLVED, that the City Council does hereby modify reporting and payment of employer paid member contributions to PERS as set forth in the conditions above, effective the first full pay period after October 7, 2014. I CERTIFY that at a regular meeting on October 7, 2014, the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 2 IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on October XX, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(a) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND THE EL CERRITO PUBLIC SAFETY MANAGEMENT GROUP BATTALION CHIEF JULY 1, 2014 THROUGH JUNE 30, 2017 ---PAGE BREAK--- 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND PUBLIC SAFETY MANAGEMENT ASSOCIATION – BATTALION CHIEF This Memorandum of Understanding is entered into pursuant to the Meyers-Milias- Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the City of El Cerrito, State of California, which hereinafter shall be referred to as “City,” and the El Cerrito Public Safety Management Association – Battalion Chief, which hereinafter shall be referred to as “Battalion Chief.” The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees represented by the Association – BC and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions and employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits and other working conditions for the period July 1, 2014 through June 30, 2017, and shall be in full force and effect at such date as herein prescribed, upon ratification by both the City Council and affected members of the Public Safety Management Association – Battalion Chief. City of El Cerrito Public Safety Management Association - Battalion Chief Scott Hanin Lance Maples City Manager Association Representative Date: Date: Date: ---PAGE BREAK--- 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND PUBLIC SAFETY MANAGEMENT ASSOCIATION – BATTALION CHIEF This Agreement is entered into by and between the City of El Cerrito, hereinafter referred to as the “City,” and the El Cerrito Public Safety Management Association – Battalion Chief, hereinafter referred as the “Battalion Chief.” This Agreement establishes the salaries, benefits, and conditions of employment for the City’s public safety management employees – Battalion Chiefs as follows: CHAPTER 1 MANAGEMENT EMPLOYEES 1.1 Management employees are, for purposes of this section, those actively involved in the following classification: Battalion Chief CHAPTER 2 SALARIES AND BENEFITS 2.1 Salary • Effective the first full pay after adoption by the City Council all Fire Battalion Chiefs shall receive a 8.0% salary increase. • Effective the first full pay period in July 2015 all Fire Battalion Chiefs shall receive a 4.5% salary increase. • Effective the first full pay period in July 2016 all Fire Battalion Chiefs shall receive a 4.5% salary increase. A. The following control point shall apply and serve as the midpoint of the approved salary range: Fire Battalion Chief $10,036 B. A salary range of 25% above and below the control point shall be created, within which a Department Head or the City Manager may approve salary adjustments of up to 5% or 10% per calendar year, respectively. ---PAGE BREAK--- 4 C. Effective July 2015, the City shall survey and establish a new control point for the Fire Battalion Chief classification. D. In order to preserve appropriate internal salary relationships and minimum salary compaction, the City Manager may from time to time adjust the salary range in order to reach a minimum of 15% base rate of pay separation between the control point for Fire Battalion Chief and top step Fire Captain/Paramedic. Further, the Fire Battalion Chief assigned to training receives an additional 10% added to salary for the assignment. E. Note: In addition to the base salary, the City previously contributed eight percent of salary toward a deferred compensation plan for management employees. All contributions ceased effective February 4, 2001. 2.2 Uniform Allowance The uniform allowance for Fire Battalion Chiefs is $725 per fiscal year. Uniform allowance shall be paid on the first payroll date in December, covering the fiscal year beginning the prior July. Such payment shall be by check, separate from the normal payroll check. 2.3 Auto Allowance The City will supply an automobile to management employees who, in the opinion of the City Manager, require a City vehicle as an integral part of their work. Alternately, the City will provide a cash allowance of up to $200 per month in lieu of use of a City automobile. 2.4 Pension Plan Benefits and Reimbursement A. PERS PICKUP • Effective the first full pay after adoption by the City Council all Fire Battalion Chiefs shall contribute a total of 9.0% to the Public Employees Retirement System. • Effective the first full pay period in July 2015, all Fire Battalion Chiefs shall contribute an additional 1.5% to the Public Employees Retirement System for a total of 10.5%. • Effective the first full pay period in July 2016, all Fire Battalion Chiefs shall contribute an additional 1.5% to the Public Employees Retirement System for a total of 12.0%. B. Pension Plan Benefits Effective as soon as possible, the City shall no longer contract with the Public Employees Retirement System for the benefit commonly known as EPMC. C. Effective June 30, 2001 the City’s contract with PERS was amended to provide to employees the 3% at Age 50 Public Employees’ Retirement ---PAGE BREAK--- 5 System plan. The City’s 3% at age 50 retirement plan has the PERS single highest year option, and service credit for unused sick leave option. 2.5 Flexible Benefits Plan The City has a Flexible Benefits Plan which is consistent with Section 125 of the Internal Revenue Code. The plan is known as “Citiflex.” For the duration of this agreement, the plan provides the following: A. With the exception of the employee who chooses the “no medical plan” option, the City will contribute an amount equivalent to the Kaiser medical plan rate according to dependent status regardless of which medical plan is chosen. “According to dependent status” means that if an employee is single the employee shall receive the equivalent to the Kaiser single premium in employee’s flexible spending account. If the employee and a dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the Kaiser two-party premium in employee’s flexible spending account. If the employee and more than one dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the Kaiser family premium in employee’s flexible spending account. B. The employee may select one of the following medical plans within their individual Flexible Benefits Plan:  HMO Kaiser  Alternative HMO  PPO C. In the event that the employee selects a medical plan which exceeds the City’s premium contribution, the employee is responsible to pay the difference through payroll deduction. D. In the event that the employee has alternate comprehensive group medical coverage through a spouse’s medical plan or some other group medical plan, the employee may select a “no medical plan” option. (Proof of alternate coverage is required.) In this event, the City shall contribute the equivalent to the single Kaiser medical premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or the employee may reallocate it toward the purchase of other benefits in the Plan, or a combination of both. E. The employee may contribute salary up to the IRS limits on a pretax basis in order to purchase the following benefits: • Medical Premiums, Co-Payments, and Deductibles • Dental Premiums, Co-Payments, and Deductibles • Un-reimbursed Medical & Dental Expenses • Dependent Care ---PAGE BREAK--- 6 Rules governing the allocation and distribution of such funds shall conform to applicable sections of State and Federal tax codes and the City of El Cerrito’s Flexible Benefits Plan. F. The health benefit programs recognize the participation of domestic partners of the eligible employee. Please refer to the City’s Citiflex document for details. G. During the term of the contract, the City may establish a City-wide task force for the purpose of exploring alternate health plans, including PERS Health, for both active and retired employees. The City or Police Chief agrees to reopen negotiations for the sole purpose of implementing alternative medical coverage. 2.6 Dental Plan The City will pay the full cost of employee plus dependent coverage effective July 1, 2002. 2.7 Retirement Health Plan A. Retirees, survivors of retirees and survivors of deceased employees, unless prohibited by the carrier, will be permitted to maintain the current level of health plan benefits available to employees. Retirees, survivors of retirees and survivors of deceased employees may maintain such health plan benefits at their discretion and with no cost to the City. B. Post Employment Health Plan Retiree Medical: Effective July 2008 the City shall contribute $300.00 per month for the member’s Post employment Health Plan account. 2.8 Life Insurance The City will provide a term life insurance policy for management employees. The principal sum shall be equal to the annual salary rounded to the nearest $1,000 (up to a maximum of $100,000). 2.9 Long-term Disability Insurance The City shall provide employees with long-term disability insurance with coverage of two-thirds salary and a sixty-day elimination period. Like regular wages, this benefit is taxable. 2.10 Benefit Status A. The salary and benefits contained within this Memorandum of Understanding are granted only to employees who are in a current pay status. The City shall incur no cost, nor shall benefits accrue for retirees, survivors, or employees in ---PAGE BREAK--- 7 a non-pay status, unless the employee is granted medical leave of absence or military leave of absence. B. In the event an employee is in a non-pay status because of a disputed workers’ compensation claim, benefits under this article shall be continued upon written agreement of the affected employee to repay to the City the amount of any premiums paid by the City during the non-pay status period if the employee's claim is denied by the Workers Compensation Appeals Board or withdrawn by the employee prior to a decision by the Board. CHAPTER 3 HOLIDAYS 3.1 Holidays The number of designated holidays for Fire Suppression personnel shall be thirteen (13). The following holidays are designated “holidays” and shall be the basis for benefits associated with this section: New Year's Day Columbus Day Martin Luther King Jr. Day Veteran’s Day Lincoln’s Birthday Thanksgiving Day Washington’s Birthday Day after Thanksgiving Memorial Day Christmas Day July 4th Employee’s Birthday Labor Day For the Fire Battalion Chief assigned to training, the recognized municipal holidays are as follows: New Year’s Day Labor Day Dr. M. L. King Jr. Birthday Veteran’s Day (3rd Monday in January) Thanksgiving Presidents’ Day Day after Thanksgiving (3rd Monday in February) ½ Day Christmas Eve Memorial Day Christmas Day Independence Day (July 4) ½ Day New Year’s Eve In the event that any of the recognized holidays for the Fire Battalion Chief who is assigned to training falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be considered a holiday for pay purposes. (Department heads may make changes in the above schedule in accordance with the needs of their departments.) The afternoons of Christmas Eve and New Year’s Eve, commencing at 12 noon, shall be considered holidays ---PAGE BREAK--- 8 for pay purposes. In the event Christmas Eve and New Year’s Eve fall on a Sunday or a Monday, the preceding Friday afternoons shall be considered holidays for pay purposes. Some adjustments may be made if necessitated by an alternative work schedule. In addition to the recognized municipal holidays, the Fire Battalion Chief assigned to training shall receive annually three floating holidays, subject to the same requirements for scheduling vacation. For a Battalion Chief newly assigned to training, the floating holidays are pro-rated quarterly based on date- of-assignment. Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated. Employees are allowed an additional holiday on their birthday or another day at the convenience of the City. 3.2 Eligibility An employee on leave of absence without pay shall not receive any compensation for holidays occurring during such leave. An employee returning to a pay status from a non-pay status shall be eligible for holiday compensation only if the employee was in a pay status on the workday preceding the holiday. 3.3 Compensation for Municipal Holidays Fire Battalion Chiefs, who are shift personnel, shall receive compensation equal to one-half of shift salary twelve hours at 24-hour rate) for paid holidays. CHAPTER 4 SICK LEAVE, WORKERS’ COMPENSATION, FAMILY SICK LEAVE, AND OTHER LEAVES 4.1 Accrual of Sick Leave For each completed month of service, employees in shift positions shall accrue sick leave credit of twenty-four hours per month. Sick leave for employees with twenty or more years of service shall accrue sick leave credit of thirty-six hours per month. Sick leave accrual while an employee is assigned to a (40) hour workweek is at the rate of 11 hours and 25 minutes per calendar month worked, provided the employee has worked or been authorized leave with pay for at least ten working days in the month. 4.2 Sick Leave - Maximum Accrual The maximum accumulation of sick leave is unlimited. ---PAGE BREAK--- 9 4.3 Activity During Sick Leave No employee who is absent from work on sick leave shall engage in any work or other activity that would interfere with the employee’s ability to return to work to perform regular duties. 4.4 Sick Leave Retirement Benefit Upon retirement from City service, an employee shall be entitled to compensation for one-fourth of the accumulated sick leave on the books at the time of such retirement, with a maximum payment equivalent to 200 hours pay for the 40 hour per week employees and 10 shifts for the 56 hour per week employees, at the employee’s option. Actual sick leave remaining on the books will be reported to PERS in accordance with PERS regulations governing the sick leave credit contract option. In no case will unearned sick leave be reported for the purpose of increasing the member’s retirement as prohibited by PERS. The date of disability retirement for employees may be established or determined to be effective prior to the expiration of sick leave benefits. In reporting the number of days of accumulated sick leave to PERS, the City shall obtain clarification from and comply with PERS regulations. 4.5 On-the-Job Injury Regular full-time sworn employees are eligible for benefits (salary continuance) for time off work due to on-the-job injuries as specified in Labor Code Section 4850. 4.6 Accrued Sick Leave As Life Insurance The value of the employee’s accrued sick leave shall be paid (based upon the current hourly rate) to the surviving spouse or designated beneficiary, upon the death of a represented employee. 4.7 Family Sick Leave Under Labor Code Section 233, employees may utilize accrued sick leave to care for an ill or injured child, spouse or parent. The City has extended this provision to include domestic partners and their dependent children. There is no requirement that the illness or injury reach the level of seriousness provided for under the Family and Medical Leave Acts. However, if the illness or injury qualifies under the Family and Medical Leave Act, it also satisfies the “family sick leave” criteria. The maximum “family sick leave” allowed each calendar year that is subject to this provision is one half (1/2) of the employee’s annual accrual of sick leave. Additional family sick leave may be taken subject to departmental regulations and approval of the Fire Chief and City Manager. ---PAGE BREAK--- 10 4.8 Bereavement Leave Employees are entitled to time off with pay when there is a death or anticipated death in the immediate family. Bereavement leave shall not exceed two shifts (or five consecutive days for 40-hour employees) when death is anticipated. Bereavement leave after death shall not exceed that period of time between death and the day of the funeral, providing the funeral is held within five days following death. Bereavement leave is not chargeable to sick leave. Additional time may be granted and charged as sick leave when, in the opinion of the department head, unusual circumstances identify the need for additional time off. Immediate family is defined as spouse, domestic partner, child, parent, parent-in- law, sister, brother, sister-in-law, brother-in-law, grandparent, spouse's grandparent, grandchild, son-in-law, daughter-in-law, or any other relative of the employee or employee's spouse residing in the same household, or who has resided with the employee in the same household for three or more years. In cases where death has occurred involving someone other than the immediate family, the department head shall make the decision as to qualification for bereavement leave. 4.9 Administrative Leave Management employees shall receive administrative leave in recognition of extraordinary working hours and conditions. The City Manager will annually approve the number of leave days by individual employee based on the amount of overtime performed and the quality of work produced. The annual amount of time assigned shall not exceed eighty (80) hours. Unused administrative leave cannot be carried over from year to year or cashed out at year-end or upon separation. 4.10 Family and Medical Leave Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. The City Family Care and Medical Leave policy sets forth employees’ rights and obligations with respect to such leave. Rights and obligations which may not be specifically set forth in the City's policy are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA") and the regulations of the California State Pregnancy Disability Act and the California Fair Employment and Housing Commission implementing the California Family Rights Act ("CFRA") (Government Code Section 12945.2). Unless otherwise provided by the City's policy or this Memorandum of Understanding, "Leave" under this article shall mean leave pursuant to the FMLA. ---PAGE BREAK--- 11 CHAPTER 5 VACATION 5.1 Eligibility Employees shall be eligible to take a paid vacation at the end of the first year of continuous service, and annually thereafter, unless otherwise provided by the City Manager. 5.2 Scheduling The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the department head in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee. 5.3 Vacation at Termination Management employees leaving the municipal service with accrued vacation leave shall be paid the amount of accrued vacation to the date of termination. Payment for accrued vacation shall be at the employee's current rate of pay. 5.4 Effect of Extended Military Leave A management employee who interrupts his/her City service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. 5.5 Sick Leave During Vacation Vacation leave may be converted to sick leave subject to the review and approval of the department head and the City Manager if an employee is injured or sick during the vacation for a period in excess of 24 hours. 5.6 Vacation Cap and Implementation A. Vacation Cap Effective January 1, 2015 Effective January 1, 2015, the vacation cap shall be two times the employee’s annual vacation accrual rate. Thereafter, at any time an employee reaches the maximum accrual, the employee will cease accruing vacation hours until such time as the balance falls below the cap. After January 1, 2015, no employee will be allowed to accrue vacation hours above the cap, unless an employee has a work-related injury and is on 4850. B. Implementation Effective January 1, 2015, any employee who has vacation hours in excess of two times the annual accrual rate, the excess hours will be placed in a separate vacation bank. ---PAGE BREAK--- 12 5.7 Separate Vacation Bank Effective January 1, 2015, any accrued vacation in excess of two times the annual vacation accrual rate will be placed in a separate Vacation Bank for each affected employee. This will be a single, one time process. Employees shall be entitled to use or sell the hours in the Bank for vacation in the same manner as regular vacation hours. The hours shall be paid out at the employee’s current rate of pay. 5.8 Vacation Cash-Out Effective August 1, 2014, employees may annually cash-out up to 16 days (128 hours) of vacation provided that they have taken a minimum of 16 vacation days (or administrative leave for management employees) in the previous fiscal year and maintain a vacation balance of 40 hours at the time of vacation cash out. Employees may elect to cash-out a maximum of two times annually and each cash-out request must be a minimum of 8 days (64 hours). Employees must reduce their separate vacation bank first when cashing out vacation. All requests must be in writing to the Human Resources Manager for initial review with final approval by the City Manager. 5.9 Accrual Unless otherwise provided by the City Manager, vacation leave will be accrued from the first day of employment when a management employee is in a pay status and will be credited on a basis. Municipal holidays shall not be counted during vacation. The vacation accrual schedule for shift Fire Battalion Chiefs is as follows: Vacation Benefit Shift Battalion Chief Service Yrs Annual Shifts/Hours Accrue during 1 through 5 yrs 6 shifts/144 hours 6 through 15 yrs 9 shifts/216 hours 16 through 25 yrs 12 shifts/288 hours 26 through 30 yrs 13 shifts/312 hours The vacation schedule for the training Fire Battalion Chief is on the next page. ---PAGE BREAK--- 13 Vacation Benefit Training Battalion Chief Hrs. Earned/Year Service (40-hour week) Accrue during 1st year 88 2 96 3 96 4 104 5 112 6 120 7 120 8 128 9 128 10 136 11 136 12 144 13 144 14 152 15 152 16 160 17 160 18 168 19 168 20 176 21 184 22 192 23 200 24 208 25 216 26 224 27 232 28 240 29 248 30 256 31 264 32 272 33 280 34 288 ---PAGE BREAK--- 14 CHAPTER 6 WORK SCHEDULE/OVERTIME 6.1 Workweek The workweek for Fire management employees is as required by the City. The work schedule for Fire Battalion Chiefs assigned to emergency response operations shall consist of twenty-four hour duty shifts, not to exceed two hundred sixteen hours in a twenty-seven-day period. Fire Battalion Chiefs who are not assigned to emergency response operations shall work a standard 40 hours per workweek. 6.2 Overtime Calculation for Shift Battalion Chiefs The 24-hour shift rate is calculated by multiplying the base salary by twelve months and dividing by the yearly 56-hour rate of 2,912 hours (56 hours by 52 weeks). Overtime under the 24-hour shift rate shall be paid for all overtime assignments on emergency response operations greater than eight consecutive hours and for all non-on-call overtime. CHAPTER 7 EDUCATION BENEFITS 7.1 Tuition Refund Plan Management employees are eligible for educational cost reimbursement up to a maximum of $1,000 per year for work-related studies at a recognized college, university or professional school. Course content should relate to one of the following: A. Knowledge or skills needed by an employee in his/her present job; B. Preparation for promotional opportunities or advancement in the same or different field within the City organization. C. The requirements of a program leading to a degree, at an approved institution, which enhances the employee's job knowledge or on-the-job skills. Procedures for obtaining reimbursement and limitations regarding reimbursement may be found in the City of El Cerrito administrative procedure on educational expense reimbursement. ---PAGE BREAK--- 15 CHAPTER 8 MISCELLANEOUS POLICIES FOR FIRE BATTALION CHIEFS 8.1 Continuing Education It is the policy of the City that management employees take part in some educational or training course each year, and the City Council will attempt to provide funds in each budget for such purpose. 8.2 Membership It is the policy of the City to provide paid membership in approved professional associations for management employees. This policy shall include publications associated with membership and other educational materials as may be approved. 8.3 Conferences It is the policy of the City that each management employee attend (as a member) a professional conference of his or her peers each year at City expense; however, travel outside the state of California may be discouraged due to budgetary restraints. 8.4 Benefit Relationship to Rank and File If new or deleted material benefits and/or cost sharing mechanisms are agreed to with the Firefighters’ Association, they would apply to the Fire Battalion Chief. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(b) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND THE EL CERRITO PUBLIC SAFETY MANAGEMENT GROUP POLICE MANAGEMENT UNIT JULY 1, 2014 THROUGH DECEMBER 31, 2017 ---PAGE BREAK--- 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND PUBLIC SAFETY MANAGEMENT ASSOCIATION – POLICE MANAGEMENT UNIT This Memorandum of Understanding is entered into pursuant to the Meyers-Milias- Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the City of El Cerrito, State of California, which hereinafter shall be referred to as “City,” and the El Cerrito Public Safety Management Association – Police Management Unit, which hereinafter shall be referred to as “Police Management.” The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees represented by the Association – PC and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions and employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits and other working conditions for the period July 1, 2014 through December 31, 2017, and shall be in full force and effect at such date as herein prescribed, upon ratification by both the City Council and affected members of the Public Safety Management Association – Police Management Unit. City of El Cerrito Public Safety Management Association - Police Management Unit Scott Hanin Lance Maples City Manager Association Representative Date: Date: ---PAGE BREAK--- 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND PUBLIC SAFETY MANAGEMENT ASSOCIATION – POLICE MANAGEMENT UNIT This Agreement is entered into by and between the City of El Cerrito, hereinafter referred to as the “City,” and the El Cerrito Public Safety Management Association – Police Management Unit, hereinafter referred as the “Police Management.” This Agreement establishes the salaries, benefits, and conditions of employment for the City’s public safety management employees – Police Management Unit as follows: CHAPTER 1 MANAGEMENT EMPLOYEES 1.1 Management employees are, for purposes of this section, those actively involved in the following classification: Police Captains and Police Lieutenants. CHAPTER 2 SALARIES AND BENEFITS 2.1 Salary • Effective the first full pay after adoption by the City Council all Police Captains and Police Lieutenants shall receive a 8.0% salary increase • Effective the first full pay period in July 2015 all Police Captains and Police Lieutenants shall receive a 4.5% salary increase. • Effective the first full pay period in July 2016 all Police Captains and Police Lieutenants shall receive a 4.0% salary increase. A. Effective July 2015, the City shall survey and establish a new control point for the Police Captains and Police Lieutenants classifications. B. A salary range of 25% above and below the control point shall be created, within which a Department Head or the City Manager may approve salary adjustments of up to 5% or 10% per calendar year, respectively. ---PAGE BREAK--- 4 C. In order to preserve appropriate internal salary relationships and minimum salary compaction, the City Manager may from time to time adjust the salary range in order to reach a minimum of 15% base rate of pay separation between the control point for the Police Lieutenants and the Top Step Detective Sergeant. D. Note: In addition to the base salary, the City previously contributed eight percent of salary toward a deferred compensation plan for management employees. All contributions ceased effective February 4, 2001. 2.2 Longevity Bonus Effective December 1, 2014, and each December 1 thereafter, the City shall make longevity bonus payments to those employed with the City as of the day of the payment as follows: A. For employees with 5 years of service with the City but less than 10 years, the annual longevity bonus payment shall be three percent of their annual base rate of pay. B. For employees with 10 years of service with the City but less than 20 years, the annual longevity bonus payment shall be six percent of their annual base rate of pay. C. For employees with 20 or more years of service with the City, the annual longevity bonus payment shall be nine percent of their annual base rate of pay. Longevity bonus payments shall be paid by separate check on the first payroll date in December. 2.3 Uniform Allowance The uniform allowance for Police Management Unit is $850 per year. Uniform allowance shall be paid on the first payroll date in December, covering the calendar year beginning the prior January. Such payment shall be by check separate from the normal payroll check. Any employee, who leaves City employment during the calendar year, shall be paid by the City for pro-rated uniform allowance only for months worked in that calendar year. 2.4 Auto Allowance The City will supply an automobile to management employees who, in the opinion of the City Manager, require a City vehicle as an integral part of their work. Alternately, the City will provide a cash allowance of up to $325 per month in lieu of use of a City automobile. 2.5 Pension Plan Benefits and Reimbursement A. PERS PICKUP ---PAGE BREAK--- 5 • Effective the first full pay after adoption by the City Council all Police Captains and Police Lieutenants shall contribute a total of 9.0% to the Public Employees Retirement System. • Effective the first full pay period in July 2015, all Police Captains and Police Lieutenants shall contribute an additional 1.5% to the Public Employees Retirement System for a total of 10.5%. • Effective the first full pay period in July 2016, all Police Captains and Police Lieutenants shall contribute an additional 1.5% to the Public Employees Retirement System for a total of 12.0%. B. Pension Plan Benefits Effective as soon as possible, the City shall no longer contract with the Public Employees Retirement System for the benefit commonly known as EPMC. 2.6 Flexible Benefits Plan The City has a Flexible Benefits Plan which is consistent with Section 125 of the Internal Revenue Code. The plan is known as “Citiflex.” For the duration of this agreement, the plan provides the following: A. With the exception of the employee who chooses the “no medical plan” option, the City will contribute an amount equivalent to the Kaiser medical plan rate according to dependent status regardless of which medical plan is chosen. “According to dependent status” means that if an employee is single the employee shall receive the equivalent to the Kaiser single premium in employee’s flexible spending account. If the employee and a dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the Kaiser two-party premium in employee’s flexible spending account. If the employee and more than one dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the Kaiser family premium in employee’s flexible spending account. B. The employee may select one of the following medical plans within their individual Flexible Benefits Plan:  HMO Kaiser  Alternative HMO  PPO C. In the event that the employee selects a medical plan which exceeds the City’s premium contribution, the employee is responsible to pay the difference through payroll deduction. D. In the event that the employee has alternate comprehensive group medical coverage through a spouse’s medical plan or some other group medical plan, the employee may select a “no medical plan” option. (Proof of alternate coverage is required.) In this event, the City shall contribute the equivalent to ---PAGE BREAK--- 6 the single Kaiser medical premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or the employee may reallocate it toward the purchase of other benefits in the Plan, or a combination of both. E. The employee may contribute salary up to the IRS limits on a pretax basis in order to purchase the following benefits: • Medical Premiums, Co-Payments, and Deductibles • Dental Premiums, Co-Payments, and Deductibles • Un-reimbursed Medical & Dental Expenses • Dependent Care Rules governing the allocation and distribution of such funds shall conform to applicable sections of State and Federal tax codes and the City of El Cerrito’s Flexible Benefits Plan. F. The health benefit programs recognize the participation of domestic partners of the eligible employee. Please refer to the City’s Citiflex document for details. G. During the term of the contract, the City may establish a City-wide task force for the purpose of exploring alternate health plans, including PERS Health, for both active and retired employees. The City or Police Chief agrees to reopen negotiations for the sole purpose of implementing alternative medical coverage. 2.7 Dental Plan The City will pay the full cost of employee plus dependent coverage under the Delta Dental Plan. 2.8 Retirement Health Plan Retirees, survivors of retirees and survivors of deceased employees, unless prohibited by the carrier, will be permitted to maintain the current level of health plan benefits available to employees. Retirees, survivors of retirees and survivors of deceased employees may maintain such health plan benefits at their discretion and with no cost to the City. 2.9 Life Insurance The City will provide a term life insurance policy for management employees. The principal sum shall be equal to the annual salary rounded to the nearest $1,000 (up to a maximum of $100,000). 2.10 Long-term Disability Insurance The City shall provide employees with long-term disability insurance with coverage of two-thirds salary and a sixty-day elimination period. Like regular ---PAGE BREAK--- 7 wages, this benefit is taxable. 2.11 Benefit Status A. The salary and benefits contained within this Memorandum of Understanding are granted only to employees who are in a current pay status. The City shall incur no cost, nor shall benefits accrue for retirees, survivors, or employees in a non-pay status, unless the employee is granted medical leave of absence or military leave of absence. B. In the event an employee is in a non-pay status because of a disputed workers’ compensation claim, benefits under this article shall be continued upon written agreement of the affected employee to repay to the City the amount of any premiums paid by the City during the non-pay status period if the employee's claim is denied by the Workers Compensation Appeals Board or withdrawn by the employee prior to a decision by the Board. CHAPTER 3 HOLIDAYS 3.1 Holidays The following holidays are recognized as municipal holidays for pay purposes: New Year's Day Labor Day Dr. M.L. King Jr. Birthday Veteran’s Day (3rd Monday in January) Thanksgiving Day President’s Day Day after Thanksgiving (3rd Monday in February) Christmas Eve Day Memorial Day Christmas Day Independence Day (July 4) ½ Day New Year’s Eve In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be considered a holiday for pay purposes. (Department managers may make changes in the above schedule in accordance with the needs of their departments.) The afternoon of New Year’s Eve, commencing at 12 noon, shall be considered a holiday for pay purposes. In the event New Year’s Eve fall on a Sunday or a Monday, the preceding Friday afternoon shall be considered a holiday for pay purposes. 3.2 Birthday and Floating Holidays In addition to the recognized municipal holidays, employees shall receive annually three floating holidays, subject to the same requirements for scheduling ---PAGE BREAK--- 8 vacation under Section 5.2 of this agreement. For new employees, the floating holidays are pro-rated quarterly based on date-of-hire. Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated. Employees are allowed an additional holiday on their birthday or another day at the convenience of the City. 3.3 Compensation for Municipal Holidays A. An employee on leave-of-absence without pay shall not receive any compensation for holidays occurring during such leave. B. Regular employees must be in a pay status on the workday preceding a holiday to be eligible to be compensated for the holiday. CHAPTER 4 SICK LEAVE, WORKERS’ COMPENSATION, FAMILY SICK LEAVE, AND OTHER LEAVES 4.1 Accrual of Sick Leave - Rate Employees shall accrue sick leave at the rate of 11 hours and 25 minutes per calendar month worked, provided the employee has worked or been authorized leave with pay for at least ten working days in the month. 4.2 Sick Leave - Maximum Accrual The maximum accumulation of sick leave is unlimited. 4.3 Activity During Sick Leave No employee who is absent from work on sick leave shall engage in any work or other activity that would interfere with the employee’s ability to return to work to perform regular duties. 4.4 Sick Leave Retirement Benefit Upon retirement from City service, an employee shall be entitled to compensation for one-fourth of the accumulated sick leave on the books at the time of such retirement, with a maximum payment equivalent to 200 hours pay, at the employee’s option. Actual sick leave remaining on the books will be reported to PERS in accordance with PERS regulations governing the sick leave credit contract option. In no case will unearned sick leave be reported for the purpose of increasing the member’s retirement as prohibited by PERS. The date of disability retirement for employees may be established or determined to be effective prior to the expiration of sick leave benefits. ---PAGE BREAK--- 9 4.5 On-the-Job Injury Regular full-time sworn employees are eligible for benefits (salary continuance) for time off work due to on-the-job injuries as specified in Labor Code Section 4850. 4.6 Accrued Sick Leave As Life Insurance Upon the death of a represented employee, the value of the employee’s accrued sick leave, calculated at the employee’s hourly rate, shall be paid to the employee’s estate or designated beneficiary. Payment under this section is limited to 2,080 hours. 4.7 Family Sick Leave Under Labor Code Section 233, employees may utilize accrued sick leave to care for an ill or injured child, spouse or parent. The City has extended this provision to include domestic partners and their dependent children. There is no requirement that the illness or injury reach the level of seriousness provided for under the Family and Medical Leave Acts. However, if the illness or injury qualifies under the Family and Medical Leave Act, it also satisfies the “family sick leave” criteria. The maximum “family sick leave” allowed each calendar year that is subject to this provision is one-half (1/2) of the employee’s annual accrual of sick leave. Additional family sick leave may be taken subject to departmental regulations and approval of the Chief of Police and City Manager. 4.8 Bereavement Leave Employees are entitled to time off with pay when there is a death or anticipated death in the immediate family. Bereavement leave shall not exceed five consecutive days when death is anticipated. Bereavement leave after death shall not exceed that period of time between death and the day of the funeral, providing the funeral is held within five days following death. Additional time may be granted and charged as sick leave when, in the opinion of the department head, unusual circumstances identify the need for additional time off. Immediate family is defined as spouse, domestic partner, child, parent, parent-in- law, sister, brother, sister-in-law, brother-in-law, grandparent, spouse's grandparent, grandchild, son-in-law, daughter-in-law, or any other relative of the employee or employee's spouse residing in the same household, or who has resided with the employee in the same household for three or more years. In cases where death has occurred involving someone other than the immediate family, the department head shall make the decision as to qualification for bereavement leave. 4.9 Administrative Leave Management employees shall receive administrative leave in recognition of extraordinary working hours and conditions. The City Manager will annually approve the number of leave hours by individual employee based on the amount ---PAGE BREAK--- 10 of overtime performed and the quality of work produced. The annual amount of time assigned shall not exceed eight (80) hours. Unused administrative leave cannot be carried over from year to year or cashed out at year-end or upon separation. 4.10 Family and Medical Leave Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. The City Family Care and Medical Leave policy sets forth employees’ rights and obligations with respect to such leave. Rights and obligations which may not be specifically set forth in the City's policy are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA") and the regulations of the California State Pregnancy Disability Act and the California Fair Employment and Housing Commission implementing the California Family Rights Act ("CFRA") (Government Code Section 12945.2). Unless otherwise provided by the City's policy or this Memorandum of Understanding, "Leave" under this article shall mean leave pursuant to the FMLA. CHAPTER 5 VACATION 5.1 Eligibility Employees shall be eligible to take a paid vacation at the end of the first year of continuous service, and annually thereafter, unless otherwise provided by the City Manager. 5.2 Scheduling The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the department head in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee. 5.3 Vacation at Termination Management employees leaving the municipal service with accrued vacation leave shall be paid the amount of accrued vacation to the date of termination. Payment for accrued vacation shall be at the employee's current rate of pay. 5.4 Effect of Extended Military Leave A management employee who interrupts his/her City service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. 5.5 Sick Leave During Vacation Vacation leave may be converted to sick leave subject to the review and ---PAGE BREAK--- 11 approval of the department head and the City Manager if an employee is injured or sick during the vacation for a period in excess of 24 hours. 5.7 Vacation Cap and Implementation A. Vacation Cap Effective January 1, 2015 Effective January 1, 2015, the vacation cap shall be two times the employee’s annual vacation accrual rate. Thereafter, at any time an employee reaches the maximum accrual, the employee will cease accruing vacation hours until such time as the balance falls below the cap. After January 1, 2015, no employee will be allowed to accrue vacation hours above the cap, unless an employee has a worked related injury and is on 4850. B. Implementation Effective January 1, 2015, any employee who has vacation hours in excess of two times the annual accrual rate, the excess hours will be placed in a separate vacation bank. 5.8 Separate Vacation Bank Effective January 1, 2015, any accrued vacation in excess of two times the annual vacation accrual rate will be placed in a separate Vacation Bank for each affected employee. This will be a single, one time process. Employees shall be entitled to use or sell the hours in the Bank for vacation in the same manner as regular vacation hours. The hours shall be paid out at the employee’s current rate of pay. 5.9 Vacation Cash-Out Effective August 1, 2014, employees may annually cash-out up to 16 days (128 hours) of vacation provided that they have taken a minimum of 16 vacation days (or administrative leave for management employees) in the previous fiscal year and maintain a vacation balance of 40 hours at the time of vacation cash out. Employees may elect to cash-out a maximum of two times annually and each cash-out request must be a minimum of 8 days (64 hours). Employees must reduce their separate vacation bank first when cashing out vacation. All requests must be in writing to the Human Resources Manager for initial review with final approval by the City Manager. 5.10 Accrual Unless otherwise provided by the City Manager, vacation leave will be accrued from the first day of employment when a management employee is in a pay status and will be credited on a basis. Municipal holidays shall not be counted during vacation. The schedule is on the next page. ---PAGE BREAK--- 12 Vacation Benefit Hrs. Earned/Year Service (40-hour week) Accrue during 1st year 88 2 96 3 96 4 104 5 112 6 120 7 120 8 128 9 128 10 136 11 136 12 144 13 144 14 152 15 152 16 160 17 160 18 168 19 168 20 176 21 184 22 192 23 200 24 208 25 216 26 224 27 232 28 240 29 248 30 256 31 264 32 272 33 280 34 288 ---PAGE BREAK--- 13 CHAPTER 6 WORK SCHEDULE 6.1 Workweek The workweek for management employees is as required by the City. The normal workday is from 8: 00 a.m. to 5:00 p.m. CHAPTER 7 EDUCATION BENEFITS 7.1 Tuition Refund Plan Management employees are eligible for educational cost reimbursement up to a maximum of $1,000 per year for work-related studies at a recognized college, university or professional school. Course content should relate to one of the following: A. Knowledge or skills needed by an employee in his/her present job; B. Preparation for promotional opportunities or advancement in the same or different field within the City organization. C. The requirements of a program leading to a degree, at an approved institution, which enhances the employee's job knowledge or on-the-job skills. Procedures for obtaining reimbursement and limitations regarding reimbursement may be found in the City of El Cerrito administrative procedure on educational expense reimbursement. 7.2 Education Incentive Program A education incentive payment shall be paid to qualified personnel who, pursuant to this article: complete fifty hours or three units of approved study or training during the prior fiscal year or accumulate sixty semester units or the equivalent in quarter units of approved training or attain an A.A. or A.S. degree of approved training or obtain an intermediate POST certificate, provided that such personnel have attained permanent employment status. The education incentive for those who qualify for this benefit shall be $210 per month. An additional education incentive payment shall be paid to qualified personnel who obtain an advanced POST certificate and an A.S. or A.S. degree or obtain an approved baccalaureate degree and possess a POST intermediate certificate or possess a POST intermediate certificate and complete fifty hours or three semester units during the prior fiscal year as part of the employee’s continuing progress toward a baccalaureate degree, the ---PAGE BREAK--- 14 employee having already accumulated sixty semester units or the equivalent in quarter units toward said baccalaureate degree. The education incentive for those who qualify under this provision is $290 per month. CHAPTER 8 MISCELLANEOUS POLICIES FOR POLICE MANAGEMENT UNIT 8.1 Continuing Education It is the policy of the City that management employees take part in some educational or training course each year, and the City Council will attempt to provide funds in each budget for such purpose. 8.2 Membership It is the policy of the City to provide paid membership in approved professional associations for management employees. This policy shall include publications associated with membership and other educational materials as may be approved. 8.3 Conferences It is the policy of the City that each management employee attend (as a member) a professional conference of his or her peers each year at City expense; however, travel outside the state of California may be discouraged due to budgetary restraints. 8.4 Benefit Relationship to Rank and File If new or deleted material benefits and/or cost sharing mechanisms are agreed to with the Police Employees’ Association, they would apply to Police Management. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND THE EL CERRITO PUBLIC SAFETY MANAGEMENT GROUP FIRE CHIEF July 1, 2014 through June 30, 2017 ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND PUBLIC SAFETY MANAGEMENT ASSOCIATION – FIRE CHIEF This Memorandum of Understanding is entered into pursuant to the Meyers-Milias- Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the City of El Cerrito, State of California, which hereinafter shall be referred to as “City,” and the El Cerrito Public Safety Management Association – Fire Chief, which hereinafter shall be referred to as “Association – FChief.” The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employee represented by the Association – FChief and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions and employee relations of such employee. This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits and other working conditions for the period beginning July 1, 2014 and shall be in full force and effect at such date as herein prescribed, upon ratification by both the City Council and affected member of the Public Safety Management Association – Fire Chief. Unless sooner terminated, as provided in this Memorandum of Understanding, the terms and conditions of this agreement shall remain in force until adoption of a successor agreement. Any other term of this Memorandum of Understanding notwithstanding, either party may terminate this Memorandum of Understanding effective on or after June 30, 2017, with 30 days minimum written notice. It is expressly understood and agreed to by the parties that this Memorandum of Understanding will automatically terminate and be of no further legal force or effect if Lance Maples ceases to be the Fire Chief for the City of El Cerrito. City of El Cerrito Public Safety Management Association - Fire Chief Scott Hanin Lance Maples City Manager Fire Chief Date: Date: ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 3 ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND PUBLIC SAFETY MANAGEMENT ASSOCIATION – FIRE CHIEF This Agreement is entered into by and between the City of El Cerrito, hereinafter referred to as the “City,” and the El Cerrito Public Safety Management Association – Fire Chief Lance Maples, hereinafter referred as the “Fire Chief.” This Agreement establishes the salaries, benefits, and conditions of employment for the City’s public safety management employee – Fire Chief Lance Maples as follows: CHAPTER 1 MANAGEMENT EMPLOYEE 1.1 Subject to the provisions of this agreement, The Fire Chief is an at-will employee who serves at the discretion of the City Manager. Pursuant to Section 3.10.020 of the El Cerrito Municipal Code, the Fire Chief is not entitled to any of the rights or protections of the City’s civil service system. In the event that the Fire Chief is removed from his position as Fire Chief, he may, at his discretion, return to his prior position as Battalion Chief in the El Cerrito Fire Department, as permitted under El Cerrito Municipal Code § 3.10.090 and any related rules or regulations. Should the Fire Chief return to his prior position as Battalion Chief, he shall be credited with all service time with the City of El Cerrito and not suffer a loss of seniority and enjoy all benefits and compensation of a Battalion Chief. Reversionary rights will not apply in the case of termination based upon an independent finding of misconduct, made by the Civil Service Commission or a mutually agreed hearing officer. 1.2 Management employee is, for purposes of this section, the individual actively involved in the following classification: Fire Chief. CHAPTER 2 SALARIES AND BENEFITS 2.1 Salary • Effective the first full pay after adoption by the City Council the Fire Chief shall receive a 5.0% salary increase. • Effective the first full pay period in July 2015 the Fire Chief shall receive a 1.5% salary increase. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 5 • Effective the first full pay period in July 2016 the Fire Chief shall receive a 1.5% salary increase. A. Consistent with the Management Resolution, a salary range of 25% above and below the control point of $13,144 shall be created within which the City Manager may approve salary adjustments of up to 10% per calendar year. B. Effective July 2015, the City shall survey and establish a new control point for the Fire Chief classification. C. For the term of this MOU, the following shall not apply: The methodology for the salary surveys and salary adjustments used under the Local 1230 Memorandum of Understanding will also be used under this Memorandum of Understanding, to the extent practical and appropriate. Should the methodology of salary surveys and adjustment subsequently change for the members of Local 1230, this Section shall be automatically adjusted to match those changes. 2.2 Uniform Allowance The uniform allowance for the Fire Chief is $725 per fiscal year. Uniform allowance shall be paid on the first payroll date in December, covering the fiscal year beginning the prior July. Such payment shall be by check, separate from the normal payroll check. 2.3 Auto Allowance The City will supply an automobile to the Fire Chief who, in the opinion of the City Manager, requires a City vehicle as an integral part of their work. Alternately, the City will provide a cash allowance of up to $350 per month in lieu of use of a City automobile. 2.4 Pension Plan Benefits and Reimbursement A. PERS PICKUP • Effective the first full pay after adoption by the City Council the Fire Chief shall contribute a total of 9.0% to the Public Employees Retirement System. • Effective the first full pay period in July 2015, the Fire Chief shall contribute an additional 1.5% to the Public Employees Retirement System for a total of 10.5%. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 6 • Effective the first full pay period in July 2016, the Fire Chief shall contribute an additional 1.5% to the Public Employees Retirement System for a total of 12.0%. B. Pension Plan Benefits Effective as soon as possible, the City shall no longer contract with the Public Employees Retirement System for the benefit commonly known as EPMC. C. Effective June 30, 2001, the retirement plan for fire suppression personnel shall be the 3% @ Age 50 PERS Plan, including credit for unused sick leave at retirement pursuant to PERS Section 20862.8. Effective August 15, 1994, the City agreed to provide the PERS single highest year option to fire suppression personnel. Effective April 1, 1999, the City amended its contract to increase 1959 Survivor Benefits from Level 1 to Level IV. 2.5 Flexible Benefits Plan The City has a Flexible Benefits Plan which is consistent with Section 125 of the Internal Revenue Code. The plan is known as “Citiflex.” For the duration of this agreement, the plan provides the following: A. With the exception of the employee who chooses the “no medical plan” option, the City will contribute an amount equivalent to the Kaiser medical plan rate according to dependent status regardless of which medical plan is chosen. “According to dependent status” means that if an employee is single the employee shall receive the equivalent to the Kaiser single premium in employee’s flexible spending account. If the employee and a dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the Kaiser two-party premium in employee’s flexible spending account. If the employee and more than one dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the Kaiser family premium in employee’s flexible spending account. B. The employee may select one of the following medical plans within their individual Flexible Benefits Plan:  HMO Kaiser  Alternative HMO  PPO C. In the event that the employee selects a medical plan which exceeds the City’s premium contribution, the employee is responsible to pay the difference through payroll deduction. D. In the event that the employee has alternate comprehensive group medical coverage through a spouse’s medical plan or some other group medical plan, ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 7 the employee may select a “no medical plan” option. (Proof of alternate coverage is required.) In this event, the City shall contribute the equivalent to the single Kaiser medical premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or the employee may reallocate it toward the purchase of other benefits in the Plan, or a combination of both. E. The employee may contribute salary up to the IRS limits on a pretax basis in order to purchase the following benefits: • Medical Premiums, Co-Payments, and Deductibles • Dental Premiums, Co-Payments, and Deductibles • Un-reimbursed Medical & Dental Expenses • Dependent Care Rules governing the allocation and distribution of such funds shall conform to applicable sections of State and Federal tax codes and the City of El Cerrito’s Flexible Benefits Plan. F. The health benefit programs recognize the participation of domestic partners of the eligible employee. Please refer to the City’s Citiflex document for details. G. During the term of the contract, the City may establish a City-wide task force for the purpose of exploring alternate health plans, including PERS Health, for both active and retired employees. The City or Police Chief agrees to reopen negotiations for the sole purpose of implementing alternative medical coverage. 2.6 Dental Plan Through the duration of this agreement the City will pay the full cost of employee plus dependent coverage under the Delta Dental Plan. 2.7 Retirement Health Plan A. Retirees, survivors of retirees and survivors of deceased employees, unless prohibited by the carrier, will be permitted to maintain the current level of health plan benefits available to employees. Retirees, survivors of retirees and survivors of deceased employees may maintain such health plan benefits at their discretion and with no cost to the City. B. Post Employment Health Plan Retiree Medical: Effective July 2008 the City shall contribute $300.00 per month for the member’s Post employment Health Plan account. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 8 2.8 Life Insurance The City will provide a term life insurance policy for the Fire Chief. The principal sum shall be equal to the annual salary rounded to the nearest $1,000 (up to a maximum of $100,000). 2.9 Long-term Disability Insurance The City shall provide the Fire Chief with long-term disability insurance with coverage of two-thirds salary up to the maximum set by the Municipal Pooling Authority and a sixty-day elimination period. Like regular wages, this benefit is taxable. 2.10 Benefit Status A. The salary and benefits contained within this Memorandum of Understanding are granted only to the Fire Chief if he is in a current pay status. The City shall incur no cost, nor shall benefits accrue for retirees, survivors, or employees in a non-pay status, unless the employee is granted medical leave of absence or military leave of absence. B. In the event the Fire Chief is in a non-pay status because of a disputed workers’ compensation claim, benefits under this article shall be continued upon written agreement of the affected employee to repay to the City the amount of any premiums paid by the City during the non-pay status period if the employee's claim is denied by the Workers Compensation Appeals Board or withdrawn by the employee prior to a decision by the Board. CHAPTER 3 HOLIDAYS 3.1 Holidays The following holidays are recognized as municipal holidays for pay purposes: New Year's Day Labor Day Dr. M.L. King Jr. Birthday Veteran’s Day (3rd Monday in January) Thanksgiving Day President’s Day Day after Thanksgiving (3rd Monday in February) Christmas Eve Day Memorial Day Christmas Day Independence Day (July 4) ½ Day New Year’s Eve In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 9 considered a holiday for pay purposes. The afternoon of New Year’s Eve, commencing at 12 noon, shall be considered a holiday for pay purposes. In the event New Year’s Eve falls on a Sunday or a Monday, the preceding Friday afternoon shall be considered a holiday for pay purposes. The City Manager may make changes in the above schedule in accordance with the needs of the City. 3.2 Birthday and Floating Holidays In addition to the recognized municipal holidays, the Fire Chief shall receive annually three floating holidays, subject to the same requirements for scheduling vacation. Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated. The Fire Chief is allowed an additional holiday on the birthday or another day at the convenience of the City. 3.3 Compensation for Municipal Holidays A. If the Fire Chief is on leave-of-absence without pay, he shall not receive any compensation for holidays occurring during such leave. B. The Fire Chief must be in a pay status on the workday preceding a holiday to be eligible to be compensated for the holiday. CHAPTER 4 SICK LEAVE, WORKERS’ COMPENSATION, FAMILY SICK LEAVE, AND OTHER LEAVES 4.1 Accrual of Sick Leave – Rate Sick leave shall accrue at the rate of 11 hours and 25 minutes per calendar month worked, provided he has worked or been authorized leave with pay for at least ten working days in the month. 4.2 Sick Leave - Maximum Accrual The maximum accumulation of sick leave is unlimited. 4.3 Activity During Sick Leave No employee who is absent from work on sick leave shall engage in any work or other activity that would interfere with the employee’s ability to return to work to perform regular duties. 4.4 Sick Leave Retirement Benefit Upon retirement from City service, the Fire Chief shall be entitled to compensation ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 10 for one-fourth of the accumulated sick leave on the books at the time of such retirement, with a maximum payment equivalent to 200 hours pay, at the employee’s option. Actual sick leave remaining on the books will be reported to PERS in accordance with PERS regulations governing the sick leave credit contract option. In no case will unearned sick leave be reported for the purpose of increasing the member’s retirement as prohibited by PERS. The date of disability retirement for the employee may be established or determined to be effective prior to the expiration of sick leave benefits. 4.5 On-the-Job Injury The Fire Chief is eligible for benefits (salary continuance) for time off work due to on-the-job injuries as specified in Labor Code Section 4850. 4.6 Unused Sick Leave Upon Death The value of accrued sick leave shall be paid (based upon the current hourly rate) to the surviving spouse or designated beneficiary upon the death of the Fire Chief. 4.7 Family Sick Leave Under Labor Code Section 233, employees may utilize accrued sick leave to care for an ill or injured child, spouse or parent. The City has extended this provision to include domestic partners and their dependent children. There is no requirement that the illness or injury reach the level of seriousness provided for under the Family and Medical Leave Acts. However, if the illness or injury qualifies under the Family and Medical Leave Act, it also satisfies the “family sick leave” criteria. The maximum “family sick leave” allowed each calendar year that is subject to this provision is one-half (1/2) of the employee’s annual accrual of sick leave. Additional family sick leave may be taken subject to departmental regulations and approval of the City Manager. 4.8 Bereavement Leave The Fire Chief is entitled to time off with pay when there is a death or anticipated death in the immediate family. Bereavement leave shall not exceed five consecutive days when death is anticipated. Bereavement leave after death shall not exceed that period of time between death and the day of the funeral, providing the funeral is held within five days following death. Additional time may be granted and charged as sick leave when, in the opinion of the City Manager, unusual circumstances identify the need for additional time off. Immediate family is defined as spouse, domestic partner, child, parent, parent-in- law, sister, brother, sister-in-law, brother-in-law, grandparent, spouse's grandparent, grandchild, son-in-law, daughter-in-law, or any other relative of the employee or employee's spouse residing in the same household, or who has resided with the employee in the same household for three or more years. In ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 11 cases where death has occurred involving someone other than the immediate family, the City Manager shall make the decision as to qualification for bereavement leave. 4.9 Administrative Leave The Fire Chief shall receive administrative leave in recognition of extraordinary working hours and conditions. The City Manager will annually approve the number of leave hours by the individual employee based on the amount of overtime performed and the quality of work produced. The annual amount of time assigned shall not exceed eighty (80) hours. Unused administrative leave cannot be carried over from year to year or cashed out at year-end or upon separation. 4.10 Family and Medical Leave Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. The City Family Care and Medical Leave policy sets forth employees’ rights and obligations with respect to such leave. Rights and obligations which may not be specifically set forth in the City's policy are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA") and the regulations of the California State Pregnancy Disability Act and the California Fair Employment and Housing Commission implementing the California Family Rights Act ("CFRA") (Government Code Section 12945.2). Unless otherwise provided by the City's policy or this Memorandum of Understanding, "Leave" under this article shall mean leave pursuant to the FMLA. CHAPTER 5 VACATION 5.1 Eligibility The Fire Chief shall be eligible to take a paid vacation, unless otherwise provided by the City Manager. 5.2 Scheduling The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the Fire Chief, subject to City Manager, approval, in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee. 5.3 Vacation at Termination The Fire Chief, who leaves the municipal service with accrued vacation leave, shall be paid the amount of accrued vacation to the date of termination. Payment for accrued vacation shall be at the Fire Chief’s current rate of pay. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 12 5.4 Effect of Extended Military Leave A Fire Chief who interrupts his/her City service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. 5.5 Sick Leave During Vacation Vacation leave may be converted to sick leave subject to the review and approval of the City Manager, if the Fire Chief is injured or sick during the vacation for a period in excess of 24 hours. 5.6 Vacation Cap and Implementation A. Vacation Cap Effective January 1, 2015 Effective January 1, 2015, the vacation cap shall be two times the employee’s annual vacation accrual rate. Thereafter, at any time an employee reaches the maximum accrual, the employee will cease accruing vacation hours until such time as the balance falls below the cap. After January 1, 2015, no employee will be allowed to accrue vacation hours above the cap, unless an employee has a worked related injury and is on 4850. B. Implementation Effective January 1, 2015, any employee who has vacation hours in excess of two times the annual accrual rate, the excess hours will be placed in a separate vacation bank. 5.7 Separate Vacation Bank Effective January 1, 2015, any accrued vacation in excess of two times the annual vacation accrual rate will be placed in a separate Vacation Bank for each affected employee. This will be a single, one time process. Employees shall be entitled to use or sell the hours in the Bank for vacation in the same manner as regular vacation hours. The hours shall be paid out at the employee’s current rate of pay. 5.8 Vacation Cash-Out Effective August 1, 2014, employees may annually cash-out up to 16 days (128 hours) of vacation provided that they have taken a minimum of 16 vacation days (or administrative leave for management employees) in the previous fiscal year and maintain a vacation balance of 40.0 hours at the time of vacation cash out. Employees may elect to cash-out a maximum of two times annually and each cash-out request must be a minimum of 8 days (64 hours). Employees must reduce their separate vacation bank first when cashing out vacation. All requests must be in writing to the Human Resources Manager for initial review with final approval by the City Manager. 5.9 Accrual ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 13 Unless otherwise provided by the City Manager, vacation leave will be accrued from the first day of employment when a Fire Chief is in a pay status and will be credited on a basis. Municipal holidays shall not be counted during vacation. The schedule is on the next page. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 14 Vacation Benefit Hrs. Earned/Year Service (40-hour week) Accrue during 1st year 88 2 96 3 96 4 104 5 112 6 120 7 120 8 128 9 128 10 136 11 136 12 144 13 144 14 152 15 152 16 160 17 160 18 168 19 168 20 176 21 184 22 192 23 200 24 208 25 216 26 224 27 232 28 240 29 248 30 256 31 264 32 272 33 280 34 288 ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 15 CHAPTER 6 WORK SCHEDULE 6.1 Workweek The workweek for the Fire Chief is as required by the City. The normal workday is 8 hours per day. Alternate work schedules may require working different scheduled hours as determined per City operations. CHAPTER 7 EDUCATION BENEFITS 7.1 Tuition Refund Plan The Fire Chief is eligible for educational cost reimbursement up to a maximum of $1,000 per year for work-related studies at a recognized college, university or professional school. Course content should relate to one of the following: A. Knowledge or skills needed by the employee in his/her present job; B. Preparation for promotional opportunities or advancement in the same or different field within the City organization. C. The requirements of a program leading to a degree, at an approved institution, which enhances the employee's job knowledge or on-the-job skills. Procedures for obtaining reimbursement and limitations regarding reimbursement may be found in the City of El Cerrito administrative procedure on educational expense reimbursement. CHAPTER 8 MISCELLANEOUS POLICIES FOR THE FIRE CHIEF 8.1 Continuing Education It is the policy of the City that management employee, including the Fire Chief, take part in some educational or training course each year, and the City Council will attempt to provide funds in each budget for such purpose. 8.2 Membership It is the policy of the City to provide paid membership in approved professional associations for management employees, including the Fire Chief. This policy ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(c) 16 shall include publications associated with membership and other educational materials as may be approved. 8.3 Conferences It is the policy of the City that each management employee, including the Fire Chief, attend (as a member) a professional conference of his or her peers each year at City expense; however, travel outside the state of California may be discouraged due to budgetary restraints. 8.4 Benefit Relationship to Rank and File If new or deleted material benefits and/or cost sharing mechanisms are agreed to with the Firefighters’ Association, they would apply to the Fire Chief. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 3(d) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND THE EL CERRITO PUBLIC SAFETY MANAGEMENT ASSOCIATION POLICE CHIEF July 1, 2014- June 30, 2019 ---PAGE BREAK--- 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND PUBLIC SAFETY MANAGEMENT ASSOCIATION – POLICE CHIEF This Memorandum of Understanding is entered into pursuant to the Meyers-Milias- Brown Act (Government Code Section 3500 et seq). The parties to this Memorandum of Understanding are the City of El Cerrito, State of California, which hereinafter shall be referred to as “City,” and the El Cerrito Public Safety Management Association – Police Chief, which hereinafter shall be referred to as “Police Chief.” The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employee represented by the Police Chief and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment, conditions and employee relations of such employee. This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits and other working conditions beginning July 1, 2014 and shall be in full force and effect at such date as herein prescribed, upon ratification by both the City Council and affected member of the Public Safety Management Association – Police Chief. It is expressly understood and agreed to by the parties that this Memorandum of Understanding will automatically terminate and be of no further legal force or effect if Sylvia Moir ceases to be the Police Chief for the City of El Cerrito. City of El Cerrito Public Safety Management Association - Police Chief Scott Hanin Lance Maples City Manager Association Representative Date: Date: Sylvia Moir Police Chief Date: ---PAGE BREAK--- 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL CERRITO AND PUBLIC SAFETY MANAGEMENT ASSOCIATION – POLICE CHIEF This Agreement is entered into by and between, the City of El Cerrito, hereinafter referred to as the “City,” and the El Cerrito Public Safety Management Association – Police Chief Sylvia Moir, hereinafter referred as the “Police Chief.” This Agreement establishes the salaries, benefits, and conditions of employment for the City’s public safety management employee – Police Chief Sylvia Moir as follows: CHAPTER 1 MANAGEMENT EMPLOYEE 1.1 The Police Chief is an at-will employee who serves at the discretion of the City Manager. Pursuant to Section 3.10.020 of the El Cerrito Municipal Code, the Police Chief is not entitled to any of the rights or protections of the City’s civil service system. The Police Chief shall be entitled to those rights contained in the Public Safety Officers Procedural Bill of Rights Act, and specifically to those rights contained in Government Code Section 3304(c). However, such rights shall not be deemed to create a property interest in the job of Police Chief or to make the job of Police Chief other than an at-will position with the City. 1.2 Management employee is, for purposes of this section, the individual actively involved in the following classification: Police Chief. CHAPTER 2 SALARIES AND BENEFITS 2.1 Salary A. Control Point • Effective July 2015, the City shall survey and establish a new control point for the Police Chief classification. • Effective July 2017, the City shall survey and establish a new control point for the Police Chief classification. B. Effective the first full pay after adoption by the City Council the Police Chief shall receive a 5.0% salary increase. C. Effective the first full pay period in July 2015 the Police Chief shall receive a 1.5% salary increase. D. Effective the first full pay period in July 2016 the Police Chief shall receive a 1.5% salary increase. ---PAGE BREAK--- 4 2.2 Longevity A. Effective December 1, 2014, and each December 1 thereafter, the City shall make longevity bonus payments to those employed with the City as of the day of the payment as follows: • For employees with 5 years of service with the City but less than 10 years, the annual longevity bonus payment shall be three percent of their annual base rate of pay. • For employees with 10 years of service with the City but less than 20 years, the annual longevity bonus payment shall be six percent of their annual base rate of pay. • For employees with 20 or more years of service with the City, the annual longevity bonus payment shall be nine percent of their annual base rate of pay. B. Longevity bonus payments shall be paid by separate check on the first payroll date in December. 2.3 Uniform Allowance The uniform allowance for the Police Chief is $1,000 per year. Uniform allowance shall be paid on the first payroll date in December, covering the calendar year beginning the prior January. Such payment shall be by check separate from the normal payroll check. If the Police Chief leaves City employment during the calendar year, the uniform allowance shall be prorated and paid only for months worked in that calendar year. 2.4 Auto Allowance The City will supply an automobile to the Police Chief who, in the opinion of the City Manager, requires a City vehicle as an integral part of their work. Alternately, the City will provide a cash allowance of up to $325 per month in lieu of use of a City automobile. 2.5 Pension Plan Benefits and Reimbursement A. PERS PICKUP • Effective the first full pay after adoption by the City Council the Police Chief shall contribute a total of 9.0% to the Public Employees Retirement System. • Effective the first full pay period in July 2015, the Police Chief shall contribute an additional 1.5% to the Public Employees Retirement System for a total of 10.5%. • Effective the first full pay period in July 2016, the Police Chief shall contribute an additional 1.5% to the Public Employees Retirement System for a total of 12.0%. ---PAGE BREAK--- 5 B. Pension Plan Benefits Effective as soon as possible, the City shall no longer contract with the Public Employees Retirement System for the benefit commonly known as EPMC. Effective June 30, 2001 the City’s contract with PERS was amended to provide to employee the 3% at Age 50 Public Employees’ Retirement System plan with the PERS single highest year option, and service credit for unused sick leave options. 2.6 Flexible Benefits Plan The City has a Flexible Benefits Plan which is consistent with Section 125 of the Internal Revenue Code. The plan is known as “Citiflex.” For the duration of this agreement, the plan provides the following: A. With the exception of the employee who chooses the “no medical plan” option, the City will contribute an amount equivalent to the Kaiser medical plan rate according to dependent status regardless of which medical plan is chosen. “According to dependent status” means that if an employee is single the employee shall receive the equivalent to the Kaiser single premium in employee’s flexible spending account. If the employee and a dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the Kaiser two-party premium in employee’s flexible spending account. If the employee and more than one dependent are enrolled in a City medical plan, the employee shall receive the equivalent to the Kaiser family premium in employee’s flexible spending account. B. The employee may select one of the following medical plans within their individual Flexible Benefits Plan:  HMO Kaiser  Alternative HMO  PPO C. In the event that the employee selects a medical plan which exceeds the City’s premium contribution, the employee is responsible to pay the difference through payroll deduction. D. In the event that the employee has alternate comprehensive group medical coverage through a spouse’s medical plan or some other group medical plan, the employee may select a “no medical plan” option. (Proof of alternate coverage is required.) In this event, the City shall contribute the equivalent to the single Kaiser medical premium to their Flexible Benefit Plan and the employee may receive this amount in cash, in which case the amount is treated as taxable income, or the employee may reallocate it toward the purchase of other benefits in the Plan, or a combination of both. E. The employee may contribute salary up to the IRS limits on a pretax basis in ---PAGE BREAK--- 6 order to purchase the following benefits: • Medical Premiums, Co-Payments, and Deductibles • Dental Premiums, Co-Payments, and Deductibles • Un-reimbursed Medical & Dental Expenses • Dependent Care Rules governing the allocation and distribution of such funds shall conform to applicable sections of State and Federal tax codes and the City of El Cerrito’s Flexible Benefits Plan. F. The health benefit programs recognize the participation of domestic partners of the eligible employee. Please refer to the City’s Citiflex document for details. G. During the term of the contract, the City may establish a City-wide task force for the purpose of exploring alternate health plans, including PERS Health, for both active and retired employees. The City or Police Chief agrees to reopen negotiations for the sole purpose of implementing alternative medical coverage. 2.7 Dental Plan The City will pay the full cost of employee plus dependent coverage under the Delta Dental Plan. 2.8 Retirement Health Plan Retirees, survivors of retirees and survivors of deceased employees, unless prohibited by the carrier, will be permitted to maintain the current level of health plan benefits available to employees. Retirees, survivors of retirees and survivors of deceased employees may maintain such health plan benefits at their discretion and with no cost to the City. 2.9 Life Insurance The City will provide a term life insurance policy for the Police Chief. The principal sum shall be equal to the annual salary rounded to the nearest $1,000 (up to a maximum of $100,000). 2.10 Long-term Disability Insurance The City shall provide the Police Chief with long-term disability insurance with coverage of two-thirds salary and a sixty-day elimination period. Like regular wages, this benefit is taxable. 2.11 Benefit Status A. The salary and benefits contained within this Memorandum of Understanding are granted only to the Police Chief if she is in a current pay status. The City shall incur no cost, nor shall benefits accrue for retirees, survivors, or if the ---PAGE BREAK--- 7 employee in a non-pay status, unless the employee is granted medical leave of absence or military leave of absence. B. In the event the Police Chief is in a non-pay status because of a disputed workers’ compensation claim, benefits under this article shall be continued upon written agreement of the Police Chief to repay to the City the amount of any premiums paid by the City during the non-pay status period if the employee's claim is denied by the Workers Compensation Appeals Board or withdrawn by the employee prior to a decision by the Board. CHAPTER 3 HOLIDAYS 3.1 Holidays The following holidays are recognized as municipal holidays for pay purposes: New Year's Day Labor Day Dr. M.L. King Jr. Birthday Veteran’s Day (3rd Monday in January) Thanksgiving Day President’s Day Day after Thanksgiving (3rd Monday in February) Christmas Eve Day Memorial Day Christmas Day Independence Day (July 4) ½ Day New Year’s Eve In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay purposes. In the event that any of the aforementioned days fall on a Saturday, the preceding Friday shall be considered a holiday for pay purposes. The afternoon of New Year’s Eve, commencing at 12 noon, shall be considered a holiday for pay purposes. In the event New Year’s Eve fall on a Sunday or a Monday, the preceding Friday afternoon shall be considered a holiday for pay purposes. The City Manager may make changes in the above schedule in accordance with the needs of the City. 3.2 Birthday and Floating Holidays In addition to the recognized municipal holidays, the Police Chief shall receive annually three floating holidays, subject to the same requirements for scheduling vacation. Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated. The Police Chief is allowed an additional holiday on the birthday or another day at the convenience of the City. ---PAGE BREAK--- 8 3.3 Compensation for Municipal Holidays A. If the Police Chief is on leave-of-absence without pay, he shall not receive any compensation for holidays occurring during such leave. B. The Police Chief must be in a pay status on the workday preceding a holiday to be eligible to be compensated for the holiday. CHAPTER 4 SICK LEAVE, WORKERS’ COMPENSATION, FAMILY SICK LEAVE, AND OTHER LEAVES 4.1 Accrual of Sick Leave – Rate Sick leave shall accrue at the rate of eleven (11) hours and twenty-five (25) minutes per calendar month worked, providing the Police Chief has worked or been authorized leave with pay for at least ten working days in the month 4.2 Sick Leave - Maximum Accrual The maximum accumulation of sick leave is unlimited. 4.3 Activity During Sick Leave No employee who is absent from work on sick leave shall engage in any work or other activity that would interfere with the employee’s ability to return to work to perform regular duties. 4.4 Sick Leave Retirement Benefit Upon retirement from City service, the Police Chief shall be entitled to one-fourth of the accumulated sick leave on the books at the time of such retirement, with a maximum payment equivalent to 200 hours pay. The sick leave payout may be converted to the Retirement Health Savings Account to pay for qualified health premiums. Actual sick leave remaining on the books will be reported to PERS in accordance with PERS regulations governing the sick leave credit contract option. In no case will unearned sick leave be reported for the purpose of increasing the member’s retirement as prohibited by PERS. The date of disability retirement for the employee may be established or determined to be effective prior to the expiration of sick leave benefits. 4.5 On-the-Job Injury The Police Chief is eligible for benefits (salary continuance) for time off work due to on-the-job injuries as specified in Labor Code Section 4850. 4.6 Accrued Sick Leave As Life Insurance Upon the death of the represented employee, the value of the Police Chief’s accrued sick leave, calculated at the Chief’s hourly rate, shall be paid to the ---PAGE BREAK--- 9 employee’s estate or designated beneficiary. Payment under this section is limited to 2,080 hours. 4.7 Family Sick Leave Under Labor Code Section 233, employees may utilize accrued sick leave to care for an ill or injured child, spouse or parent. The City has extended this provision to include domestic partners and their dependent children. There is no requirement that the illness or injury reach the level of seriousness provided for under the Family and Medical Leave Acts. However, if the illness or injury qualifies under the Family and Medical Leave Act, it also satisfies the “family sick leave” criteria. The maximum “family sick leave” allowed each calendar year that is subject to this provision is one-half (1/2) of the employee’s annual accrual of sick leave. Additional family sick leave may be taken subject to departmental regulations and approval of the City Manager. 4.8 Bereavement Leave The Police Chief is entitled to time off with pay when there is a death or anticipated death in the immediate family. Bereavement leave shall not exceed five consecutive days when death is anticipated. Bereavement leave after death shall not exceed that period of time between death and the day of the funeral, providing the funeral is held within five days following death. Additional time may be granted and charged as sick leave when, in the opinion of the City Manager, unusual circumstances identify the need for additional time off. Immediate family is defined as spouse, domestic partner, child, parent, parent-in- law, sister, brother, sister-in-law, brother-in-law, grandparent, spouse's grandparent, grandchild, son-in-law, daughter-in-law, or any other relative of the employee or employee's spouse residing in the same household, or who has resided with the employee in the same household for three or more years. In cases where death has occurred involving someone other than the immediate family, the City Manager shall make the decision as to qualification for bereavement leave. 4.9 Administrative Leave The Police Chief shall receive administrative leave in recognition of extraordinary working hours and conditions. The City Manager will annually approve the number of leave hours by the individual employee based on the amount of overtime performed and the quality of work produced. The annual amount of time assigned shall not exceed 10 days (80 hours). Unused administrative leave cannot be carried over from year to year or cashed out at year-end or upon separation. 4.10 Family and Medical Leave Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. The City Family Care and Medical Leave policy sets forth employees’ rights and obligations with respect to such leave. Rights and obligations which may not be specifically set forth in the City's policy are set forth ---PAGE BREAK--- 10 in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA") and the regulations of the California State Pregnancy Disability Act and the California Fair Employment and Housing Commission implementing the California Family Rights Act ("CFRA") (Government Code Section 12945.2). Unless otherwise provided by the City's policy or this Memorandum of Understanding, "Leave" under this article shall mean leave pursuant to the FMLA. CHAPTER 5 VACATION 5.1 Eligibility The Police Chief shall be eligible to take a paid vacation of up to forty hours during the first year of continuous service, unless otherwise provided by the City Manager. The Police Chief shall begin employment with a vacation bank of 80 hours and an accrual rate of 11.33 hours per month (10 years). 5.2 Scheduling The scheduling of annual vacation leave and the amount to be taken at any one time shall be determined by the Police Chief, subject to City Manager, approval, in accordance with departmental regulations and with regard for the needs of the City and the preference of the employee. 5.3 Vacation at Termination The Police Chief, who leaves the municipal service with accrued vacation leave, shall be paid the amount of accrued vacation to the date of termination. Payment for accrued vacation shall be at the Police Chief’s current rate of pay. 5.4 Effect of Extended Military Leave A Police Chief who interrupts her City service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. 5.5 Sick Leave During Vacation Vacation leave may be converted to sick leave subject to the review and approval of the City Manager, if the Police Chief is injured or sick during the vacation for a period in excess of 24 hours. 5.6 Vacation Cap and Implementation A. Vacation Cap Effective January 1, 2015 Effective January 1, 2015, the vacation cap shall be two times the employee’s annual vacation accrual rate. Thereafter, at any time an employee reaches the maximum accrual, the employee will cease accruing vacation ---PAGE BREAK--- 11 hours until such time as the balance falls below the cap. After January 1, 2015, no employee will be allowed to accrue vacation hours above the cap, unless an employee has a worked related injury and is on 4850. B. Implementation Effective January 1, 2015, any employee who has vacation hours in excess of two times the annual accrual rate, the excess hours will be placed in a separate vacation bank. 5.7 Separate Vacation Bank Effective January 1, 2015, any accrued vacation in excess of two times the annual vacation accrual rate will be placed in a separate Vacation Bank for each affected employee. This will be a single, one time process. Employees shall be entitled to use or sell the hours in the Bank for vacation in the same manner as regular vacation hours. The hours shall be paid out at the employee’s current rate of pay. 5.8 Vacation Cash-Out Effective August 1, 2014, employees may annually cash-out up to 16 days (128 hours) of vacation provided that they have taken a minimum of 16 vacation days (or administrative leave for management employees) in the previous fiscal year and maintain a vacation balance of 40.0 hours at the time of vacation cash out. Employees may elect to cash-out a maximum of two times annually and each cash-out request must be a minimum of 8 days (64 hours). Employees must reduce their separate vacation bank first when cashing out vacation. All requests must be in writing to the Human Resources Manager for initial review with final approval by the City Manager. 5.9 Accrual Effective the first full pay period after adoption by the City Council the Police Chief shall accrue vacation at 168 hours per year. Effective the first full pay period in July 2015, the Police Chief shall accrue vacation at 216 hours per year. ---PAGE BREAK--- 12 Vacation Benefit Hrs. Earned/Year Service (40-hour week) Accrue during 1st year 88 2 96 3 96 4 104 5 112 6 120 7 120 8 128 9 128 *Beginning Accrual Rate 10 136 11 136 12 144 13 144 14 152 15 152 16 160 17 160 18 168 19 168 20 176 21 184 22 192 23 200 24 208 25 216 26 224 27 232 28 240 29 248 30 256 31 264 32 272 33 280 34 288 ---PAGE BREAK--- 13 CHAPTER 6 WORK SCHEDULE 6.1 Workweek The workweek for the Police Chief is as required by the City. The normal workday is from 8:00 a.m. to 5:00 p.m. CHAPTER 7 EDUCATION BENEFITS 7.1 Tuition Refund Plan The Police Chief is eligible for educational cost reimbursement up to a maximum of $1,000 per year for work-related studies at a recognized college, university or professional school. Course content should relate to one of the following: A. Knowledge or skills needed by the employee in his/her present job; B. Preparation for promotional opportunities or advancement in the same or different field within the City organization. C. The requirements of a program leading to a degree, at an approved institution, which enhances the employee's job knowledge or on-the-job skills. Procedures for obtaining reimbursement and limitations regarding reimbursement may be found in the City of El Cerrito administrative procedure on educational expense reimbursement. 7.2 Education Incentive Program A $290.00 education incentive payment shall be paid to the Police Chief, in recognition of completion of the requirements to obtain a baccalaureate degree. CHAPTER 8 MISCELLANEOUS POLICIES FOR THE POLICE CHIEF 8.1 Continuing Education It is the policy of the City that management employee, including the Police Chief, take part in some educational or training course each year, and the City Council will attempt to provide funds in each budget for such purpose. 8.2 Membership ---PAGE BREAK--- 14 It is the policy of the City to provide paid membership in approved professional associations for management employees, including the Police Chief. This policy shall include publications associated with membership and other educational materials as may be approved. 8.3 Conferences It is the policy of the City that each management employee, including the Police Chief, attend (as a member) a professional conference of his or her peers each year at City expense; however, travel outside the state of California may be discouraged due to budgetary restraints. 8.4 Benefit Relationship to Rank and File If new or deleted material benefits and/or cost sharing mechanisms are agreed to with the Police Employees’ Association, they would apply to the Police Chief.