HomeMy WebLinkAbout15 - PH-1 - Civic Openness in Negotiations Ordinance - 4/19/2016CITY COUNCIL AGENDA
REPORT
MEETING DATE: April 19th, 2016
ITEM NUMBER: PH -1
SUBJECT: CIVIC OPENNESS IN NEGOTIATIONS (COIN) ORDINANCE SECOND
PUBLIC HEARING AND ADOPTION OF THE 2014-2018 MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA AND THE
COSTA MESA POLICE ASSOCIATION (CMPA). THE ADOPTION OF THE
ACCOMPANYING SALARY RESOLUTION AND ADOPTION OF THE
CALPERS EMPLOYER PAID MEMBER CONTRIBUTION RESOLUTION.
DATE: March 31, 2016
FROM: CHIEF EXECUTIVE'S OFFICE/HUMAN RESOURCES DIVISION
PRESENTATION TAMARA S. LETOURNEAU, ASSISTANT CHIEF EXECUTIVE OFFICER
BY: LANCE M. NAKAMOTO, HUMAN RESOURCES MANAGER
FOR FURTHER INFORMATION LANCE NAKAMOTO (714) 754-5172
CONTACT:
RECOMMENDATION:
Staff recommends that the City Council:
1. Hold the second Public Hearing as required by COIN.
2. Approve and adopt the 2014-2018 Memorandum of Understanding between the
City of Costa Mesa and the CMPA (Attachment 1).
3. Adopt Resolution Number 16- (Attachment ll), which provides for a 3% salary
increase for CMPA represented employees effective the pay periods inclusive of
the adoption of the MOU, July 1St, 2016 and July 1St, 2017.
4. Adopt Resolution Number 16- (Attachment III), for paying and reporting the
value of the Employer Paid Member Contribution (EPMC) related to the Costa
Mesa Police Officers Association. The effective date of this Resolution is
inclusive of the adoption of the MOU.
5. Adopt Resolution Number 16- (Attachment IV), for paying and reporting the
value of the Employer Paid Member Contribution (EPMC) related to the Costa
Mesa Police Officers Association. The effective date of this Resolution is
June 26, 2016.
6. Adopt Resolution Number 16- (Attachment V), for paying and reporting the
value of the Employer Paid Member Contribution (EPMC) related to the Costa
Mesa Police Officers Association. The effective date of this Resolution is June
25, 2017.
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BACKGROUND:
The previous CMPA MOU including subsequent side letter agreements between the City
and the CMPA expired March 31St, 2013. Adhering to the COIN Ordinance, a series of
cooperative and productive meetings between the City's designated negotiation team and
CMPA's negotiation team were held, which resulted in the attached 2014-2018 CMPA
MOU (Attachment 1). The MOU expires June 30th, 2018. In conjunction, the Fiscal Impact
is included as Attachment IV.
ANALYSIS:
The following are the key provisions of the negotiated MOU:
• Term of MOU. July 1St, 2014 through June 30th, 2018.
• CaIPERS Cost Sharing. The CMPA members shall pay five percent (5%) of their
pensionable income toward the City's/Employers Contribution to CaIPERS
effective the pay period inclusive of the pay period of the adoption of the MOU.
• CaIPERS Retirement Contribution. The CMPA members to assume
responsibility for paying the entire nine percent (9%) employee contribution in the
following manner:
1. Inclusive of the pay period of the adoption of the MOU, CMPA members to
pay 3%.
2. Inclusive of the pay period of July 1St, 2016, CMPA members to pay 3%.
3. Inclusive of the pay period of July 1St, 2017, CMPA members to pay 3%.
• Wage Increase. The CMPA members shall be provided with a three percent
(3%) base wage increase inclusive of the pay periods of the adoption of the
MOU, July 1St, 2016, and July 1St, 2017.
• Vacation Leave.
2nd Tier Annual Vacation Accruals for New Employees, including reduced
Vacation Accrual Maximum reduced for all employees to 320 hours.
- 0-2 years 80 hours
- 3-6 years 120 hours
- 7-12 years 140 hours
- 13-14 years 160 hours
- 15-19 years 180 hours
- 20+ years 200 hours
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• Sick Leave.
- For employees hired prior to Council adoption of MOU, combine primary and
secondary sick leave accounts and freeze at total hours on date of MOU
adoption.
- Employees will have 18 month grace period, through July 1St, 2017, to retire
in order to be eligible for the current cash out of 240 hours of sick leave
maximum.
- After grace period/retirement window, no cash out/no cash value of any
primary or secondary account balances.
- As regards primary and secondary sick leave accounts, maintain 100% sick
leave conversion to service credit at 1 day = 0.004 years service credit.
- For employees hired on and after Council adoption of MOU, there shall be
no primary or secondary accounts.
- For all employees going forward, the first payroll period commencing on or
after Council adoption of MOU, each employee, whether or not having a
primary and/or secondary sick leave account, will be initially credited with 96
hours in their SICK LEAVE BANK, and thereafter shall earn 3.69 hours of
sick leave per pay period (this would equate to 96 hours per year), not to
exceed 192 max accrual. If employees reach the max 192 hour accrual,
they will be able to cash out accruals (3.69 hours per pay period).
- No cash out/no cash value as to the SICK LEAVE BANK; service credit
conversion.
The CMPA members have ratified the tentative agreement. This agreement is
presented per the COIN Ordinance to the City Council for final approval and adoption.
ALTERNATIVES CONSIDERED:
The parties to this agreement considered a wide variety of issues in the context of good
faith negotiations in accordance with Government Code Section 3500 et seq. (Meyers-
Milias-Brown Act). The attached MOU represents the successful conclusion of the COIN
Ordinance process, legal process and appropriate alternatives need not be considered as
a result of cooperative efforts expended.
FISCAL REVIEW:
The Fiscal Impact Analysis (Attachment VI) prepared, per the COIN Ordinance, shows
the fiscal impact of each year of this contract is as follows:
• Fiscal Year 2015-2016: $442,593
• Fiscal Year 2016-2017: $685,271
• Fiscal Year 2017-2018: $709,818
The total increased cost is $1,837,682 during the term of the CMPA MOU. The review
of the proposed tentative agreement resulted in no factors that would be outside the
scope of what CalPERS has already included as part of their actuarial analysis and
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calculations of funded and unfunded liability. This was confirmed with a representative
from CalPERS.
A Senior Actuary for PERS stated that there would be no impact on the unfunded
liability for the Safety Police Plan. Per the COIN Ordinance, an opinion on the
calculations was obtained—the Fiscal Analysis was reviewed and approved by an
outside CPA firm: Lance Soll Lunghard LLP.
LEGAL REVIEW:
The City Attorney has reviewed the documents and approved them as to form.
CONCLUSION:
The April 19' Public Hearing is the second and final of the two mandated City Council
Meetings conducted pursuant to the COIN Ordinance. In conjunction with the Public
Hearing, Staff recommends that the City Council approve and adopt the CMPA MOU, and
corresponding Salary and EPMC Resolutions.
LANCE M. NAKAMOTO
Human Resources Manager
STEPHEN DUNIVENT
Interim Finance Director
DISTRIBUTION: Chief Executive Officer
City Clerk
TAMARA S. LETOURNEAU
Assistant Chief Executive Officer
THOMAS DUARTE
City Attorney
ATTACHMENTS: I CMPA MOU
II Salary Resolution 16-xx
III EPMC Resolution 16-xx
IV EPMC Resolution 16-xx
V EPMC Resolution 16-xx
VI COIN Fiscal Impact Analysis
M
ME
ORANDUM
ATTACHMENT I
OF ]UNDERSTANDING
Costa Mesa
Between The Representatives
Of The Costa Mesa Police Association
And The City of Costa Mesa
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CMPA MOU
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TABLE OF CONTENTS
PAGE
ARTICLE 1
RECOGNITION/PREAMBLE
3
ARTICLE 2
TERM OF AGREEMENT
4
ARTICLE 3
BASIC SALARIES AND WAGES
4
ARTICLE 4
HEALTH INSURANCE
4
ARTICLE 5
RETIREMENT
5
ARTICLE 6
RETIREMENT SUPPLEMENT
6
ARTICLE 7
RETIREE MEDICAL
6
ARTICLE 8
BENEFIT REVIEW COMMITTEE
7
ARTICLE 9
DRUG TESTING POLICY
7
ARTICLE 10
P.O.S.T. INCENTIVE PROGRAM
7
ARTICLE 11
TUITION REIMBURSEMENT
8
ARTICLE 12
OVERTIME PAY
8
ARTICLE 13
SPECIALTY ASSIGNMENT PAY
10
ARTICLE 14
VACATION LEAVE
12
ARTICLE 15
SICK LEAVE INCENTIVE PROGRAM
15
ARTICLE 16
BEREAVEMENT LEAVE
16
ARTICLE 17
LONG TERM DISABILITY
16
ARTICLE 18
LAYOFF PROCEDURES
16
ARTICLE 19
DISCIPLINARY PROCEDURES
17
ARTICLE 20
GRIEVANCE PROCEDURES
24
ARTICLE 21
AMERICANS WITH DISABILITIES ACT (ADA)
28
ARTICLE 22
SENIOR POLICE OFFICER AND CORPORAL CLASSIFICATIONS
28
ARTICLE 23
HOLIDAY PAY
28
ARTICLE 24
UNIFORM MAINTENANCE ALLOWANCE
29
ARTICLE 25
SENIORITY
29
ARTICLE 26
WORK SCHEDULES
30
ARTICLE 27
SCHEDULING
30
ARTICLE 28
PROHIBITION OF TOBACCO
31
ARTICLE 29
MEET AND CONFER
32
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ARTICLE 1 - RECOGNITION/PREAMBLE
1.1 By resolution of the City Council of the City of Costa Mesa, and pursuant to the provisions of the
Meyers-Milias-Brown Act, California Government Code Section 3500, et seq., the City of Costa Mesa
(hereinafter referred to as "CITY") recognizes the Costa Mesa Police Association (hereinafter referred to
as "ASSOCIATION" or "OMPA") as the exclusive representative and the agent for collective bargaining
purposes of the sworn police officers employed in the Costa Mesa Police Department in the job
classifications set forth below, excluding all non -sworn employees of said Police Department.
1.2 This Memorandum of Understanding ("M.O.U.") has been prepared by representatives of the City
and representatives of the Association who have met and conferred in good faith, examining a number of
proposals and counter proposals concerning wages, hours of employment, working conditions, fringe
benefits and other terms and conditions of employment for the sworn officers of the Costa Mesa Police
Department as defined herein. The Parties to this M.O.U. are the City and the Association, which are jointly
recognized and referred to herein below as the "PARTIES."
1.3 It is the mutual understanding of the City and the Association that this M.O.U. shall be submitted
to the Costa Mesa City Council upon the joint recommendations of the Parties that the terms and conditions
of this M.O.U. be adopted, the City Council will consider the MOU in accordance with Ordinance 12-7,
the COIN Ordinance and thereafter will take such action as may be needed to implement this agreement
and its provisions.
1.4 The City and the Association hereby acknowledge that the terms of this M.O.U. may not cover all
terms of employment relating to wages, hours and conditions of employment at the City of Costa Mesa.
These parties further acknowledge that any term or condition of employment which is not expressly covered
herein, but is expressly covered by existing ordinances, resolutions, policies and regulations of the City,
including the Personnel Rules and Regulations presently in effect, shall be controlled by the existing
provisions of said ordinances, resolutions, policies, and regulations to the extent that said policies and
regulations do not change, abrogate, modify or amend any express term of this M.O.U. All other terms and
conditions of employment in effect at the time of execution of this MOU shall remain status quo during the
term hereof, unless such a term or condition is excepted from collective bargaining and the scope of
representation as set forth in California Government Code 3504 or constitutes an emergency matter as set
forth in California Government Code 3504.5.
1.5 The City and the Association agree that all material terms and conditions of previous M.O.U.'s
have been complied with, and are hereby discharged and superseded by the adoption of this M.O.U.
1.6 If any portion of this M.O.U. is found to be unlawful, in conflict or inconsistent with existing laws,
regulations, or ordinances; or determined to be invalid or unenforceable by an administrative or judicial
tribunal with competent jurisdiction, such portion or part of the M.O.U. shall be superseded and not
enforced. The remainder of this M.O.U. shall continue in full force and effect, and shall be enforced through
the term of the agreement pursuant to Government Code Section 3500, et seq.
1.7 For the term of this M.O.U. neither the City nor the Association shall be compelled to meet and
confer with the each other concerning any issue which is expressly agreed to herein. Each Party to the
M.O.U. hereby expressly waives its right to demand that the other Party meet and confer concerning any
issue expressly agreed to herein. However, nothing in this M.O.U. shall prohibit these Parties from meeting
and conferring over any expressly agreed issue herein, if, and only if, both Parties hereto mutually agree to
do so.
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1.8 Continuous, uninterrupted and efficient service to the community by the City and its employees,
and orderly employer-employee relations are essential considerations of this M.O.U. Accordingly, the
Association agrees, on behalf of itself and its members, individually and collectively, that there shall not
be any strikes, "sick-outs," non -informational picketing, boycotting, work stoppages, slow -down strikes, or
any other concerted job action or refusal to render services, including overtime or any other curtailment or
restriction of work and service at any time during the term of this M.O.U.
1.9 The Association recognizes its duty and obligation to comply with the provisions of Section 1.8 of
this M.O.U., and shall make every reasonable effort to assure that all employees covered by this M.O.U.
similarly do so. In the event of any concerted activity by employees in contravention to the provisions or
intent of Section 1.8, the Association hereby agrees to direct its members to cease any such actions or
activities forthwith. No employee covered by this M.O.U. shall be entitled to any benefits or wages
whatsoever while engaged in any activities or actions prohibited by Section 1.8 of the M.O.U.
ARTICLE 2 - TERM OF AGREEMENT
The term of this MOU will commence on July 1, 2014, and expire in the payperiod that includes June 30,
2018.
ARTICLE 3 - BASIC SALARIES AND WAGES
3.1. Employees covered by this Agreement shall be compensated at the established monthly base salary
rates under the Basic Pay Schedule for covered employees. All positions under this Schedule shall be
assigned a range number established by the City Council resolution.
The pay rates for the classifications covered by this Agreement shall be increased by: 1) 3% effective the
first payroll period inclusive of the City Council adoption of the 2014-2018 MOU; 2) an additional 3%
effective the first full pay period inclusive of July 1, 2016; and, 3) an additional 3% effective the first full
pay period inclusive of July 1, 2017.
ARTICLE 4 -HEALTH INSURANCE
4.1 The City shall continue to provide the amounts listed below as payment of insurance or benefit
premiums for employees covered by this Agreement, pursuant to the rules controlling IRS Section 125
Benefit Plan, and in compliance with the rules controlling any individual plan. The current core benefits
under the MOU include life and long term disability insurance. Medical insurance provided by the Public
Employees' Medical Health Care Act (PEMHCA) is a required core benefit. A City employee can elect to
waive this coverage if the employee is covered by other insurance such as his or her spouse's medical
insurance.
4.2 Effective January 1, 2008, the City's contribution amount increased to $631 per month.
4.3 QUALIFICATION FOR FLEX CONTRIBUTION - Employees must receive compensation for
the entire payperiod to receive the flexible benefit contribution amount. Use of accrued leave qualifies as
compensation for this purpose. Employees will be ineligible for the flexible benefit contribution if the
employee records absence without pay hours within the payperiod except for the following reasons:
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• If an employee exhausts his/her accrued leaves prior to the end of the payperiod, he/she shall
receive the flex contribution for that payperiod.
• Disciplinary actions will not apply to this article/qualification i.e. suspensions without pay.
4.4 DISCONTINUANCE OF MEDICAL PLAN WAIVER— In 1994, the City began deducting $16
per pay period from employees "flex bucket" allocation consistent with the Public Employees' Medical and
Hospital Care Act requirement that employees and retirees receive an equal contribution from the city
toward the medical plan. In addition, employees who chose to waive medical coverage ("waivered
employees") were also charged the $16 per pay period for equity reasons as an administrative fee. Over
the years, the Government Code (PERS Law) increased the $16 amount and the employees, retirees and
"waivered employees" were required to deduct the new amounts from the flex buckets each month. The
amount increased to $32.20 in 2004, $48.40 in 2005, $64.60 in 2006, $80.80 in 2007 and increased to $97
in 2008. Starting calendar year 2009, the calculated adjustments have been based upon the medical care
component of the CONSUMER PRICE INDEX -URBAN (CPN). During 2013, the amount increased to
$115 and will increase to $119 in 2014. The amount of the deduction from the flex bucket is annually
adjusted pursuant to Government Code § 22892(b)(F)(2).
The City and CMPA mutually agree that there is no continuing need that waivered employees need to be
tied to the PEMHCA deduction. Therefore, effective the pay period including July 1, 2007, employees who
have provided proof of other medical insurance in accordance with the City's requirements, will be eligible
to receive the full flex bucket contribution, without a reduction for medical coverage waiver. This provision
acknowledges that this issue is resolved in its entirety and no retroactive adjustments will be made regarding
the waiver program.
ARTICLE 5 - RETIREMENT
5.1 Ca1PERS - Unit members who do not meet the definition of "new member" under the California
Public Employees' Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as
"classic members") are enrolled in the Local Safety retirement benefit of "3% at 50" pursuant to
Government Code § 21362.2.
5.2 Classic members shall individually pay 100% of their statutorily required member contribution equal
to 9% of pensionable income to CalPERS, effective as follows: 1) effective the first payroll period
commencing on or after City Council adoption of the 2014-2018 MOU, classic members shall pay a portion
of their member contribution equal to 3% of pensionable income to CalPERS; 2) effective the first full pay
period on or after July 1, 2016, classic members shall pay an additional 3% of pensionable income to
CalPERS; and, 3) effective the first full pay period on or after July 1, 2017,.classic members shall pay an
additional 3% of pensionable income to CalPERS.
5.3 Classic members covered by this Agreement shall contribute 5% of the employee's pensionable
income towards the employer retirement contribution, effective the first payroll period commencing on or
after City Council adoption of the 2014-2018 MOU pursuant to California Government Code §
20516(a). To the extent permitted by CalPERS and the IRS regulations, this contribution shall be
implemented through payroll deductions on a pre-tax basis.
5.4 There shall be no sunset date to any provision in this Article 5.
5.5 The California Public Employees' Pension Reform Act of 2013 (PEPRA) - As it may from time
to time exist, the PEPRA shall in its entirety be given full force and effect. Any provision in the 2014-2018
MOU which contradicts any provision of the PEPRA, shall be deemed null and void, with the contrary
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CMPA MOU
PEPRA provision(s) being given full force and effect. Therefore, no provision of PEPRA shall be deemed
to impair any provision of the 2014-2018 MOU or any MOU, Agreement, Rule or Regulation predating the
2014-2018 MOU. PEPRA includes, but is not limited to, the provisions described below:
Unit members hired on and after January 1, 2013, who are deemed to be a "new member" as defined in
Government Code § 7522.04(f), shall individually pay an initial Member CALPERS contribution rate of
50% of the normal cost rate for the Defined Benefit Plan in which said "new member" is enrolled, rounded
to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever
is greater, pursuant to Government Code section 7522.30.
If necessary, effective the first full pay period on or after July 1, 2017, unit members who are "new
members" shall also contribute a portion of the employee's pensionable income toward the employer's
retirement contribution to cause their total member and employer contribution to equal 14% of pensionable
income. Unit members who are "new members" shall be enrolled in the PEPRA provided for 2.7% @ 57
retirement formula (Govt. Code § 7522.25(e)).
Unit members who are "new members" on and after January 1, 2013, shall have "final compensation"
measured by the highest average annual pensionable compensation earned by the member during a period
of at least 36 consecutive months (Section 7522.32(a).), and their retirement benefits shall be calculated
based on "pensionable compensation" (Section 7522.10) rather than "compensation eamable" (Section
20636).
ARTICLE 6 - RETIREMENT SUPPLEMENT
The City will continue to provide the retirement supplement to all retirees currently receiving the
supplement. The value of the retirement supplement contribution was reported to CaIPERS as special
compensation.
ARTICLE 7 - RETIREE MEDICAL
Consistent with the Costa Mesa City Council Policy 300-1, effective August 19, 2003, the Council Policy
established a new Defined Contribution Retirement Health Savings Plan (Plan). The Plan went into effect
January 1, 2004. The purpose of the Plan was to establish a tax protected savings program for every full-
time employee that will:
• Provide a retiree medical benefit for employees hired after January 1, 2004 who will not be
eligible for the health insurance contribution under the Council Policy 300-1.
• Provide a supplemental benefit to the City contribution under Council Policy 300-1 for current
employees (hired before January 1, 2004).
The program will require mandatory participation by all full-time employees. Employees will make a
monthly contribution to the plan equal to 1% of their base monthly salary. The account assets that
accumulate, plus investment earnings, will be used in retirement to pay health insurance premiums and
other eligible out-of-pocket medical expenses such as deductibles, co -payments, vision care or dental care.
Employee contributions plus vested employer contributions will be portable if an employee should leave
employment with Costa Mesa prior to retirement.
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CMPA MOU
ARTICLE 8 - BENEFIT REVIEW COMMITTEE
The Association shall maintain two representatives on the City's Benefit Review Committee. The
Committee continually evaluates the City's benefit programs and makes recommendations on plan changes,
benefit levels, payroll deductions and the addition or deletion of plans. Participation on the Benefit Review
Committee meets the City's obligation to negotiate with the associations on changes to the City's group
benefit plans unless an association determines that such changes are detrimental to the interest of its
members.
ARTICLE 9 - DRUG TESTING POLICY
The Costa Mesa Police Department Drug Testing Policy was implemented for all sworn positions in July
1993. The testing permits reasonable suspicion testing for permanent staff and random testing for
probationary employees. Specific technical details of the policy that were agreed upon by Police -
Management and the Association in conjunction with Risk Management remain effective as part of this
MOU, and are incorporated herein by reference.
ARTICLE 10 - P.O.S.T. INCENTIVE PROGRAM
10.1 Full-time employees employed in the classifications of Police Officer, Senior Police Officer, and
Police Sergeant are eligible to participate in this P.O.S.T. Certificate Program upon meeting the following
criteria. According to California Code of Regulations Sections 571(a) and (b) the special pay herein will be
reported to Ca1PERS as special compensation.
A. Intermediate Certificate - Provides compensation at a rate which is 5% above basic monthly
salary as provided on the basic salary schedule to qualifying officers.
Criteria:
1. The minimum sworn police experience as determined by the State of California
Commission on Police Officer Standards and Training (P.O.S.T.).
2. Successful completion of initial probation as a sworn officer with the Costa Mesa Police.
3. Possession of an Intermediate Certificate from the State of California Commission on
Police Officer Standards and Training.
4. Have completed a minimum of 24 hours of P.O.S.T. approved schooling or equivalent
every two years.
5. Make application and obtain departmental approval.
B. Advanced Certificate - Provides compensation at a rate which is 10% above basic monthly
salary step as provided on the basic salary schedule to qualifying officers.
Criteria:
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I . The minimum sworn police experience as determined by the State of California
Commission on Police Officer Standards and Training (P.O.S.T.).
2. Successful completion of initial probation as a sworn officer with the Costa Mesa Police
Department.
3. Possession of an Advanced Certificate from the State of California Commission on Police
Officer Standards and Training.
4. Have completed a minimum of 24 hours of P.O.S.T. approved schooling or equivalent
every two years.
5. Make application and obtain departmental approval.
10.2 The acceptance or rejection of any application of any employee for this incentive program shall be
the responsibility of the Chief of Police. The Chief of Police, in considering the application of an employee
for an incentive under the P.O.S.T. Certificate Program, shall examine the officer's length of service,
P.O.S.T. Certificate Award and training records, to determine if the employee has, in his/her opinion,
successfully met the minimum standards outlined. If the Chief of Police determines that the minimum
qualifications have been met then he or she shall forward a personnel action form to the Human Resources
Division so that the appropriate incentive award can be granted. If the employee has not, in the opinion of
the department director, successfully met these requirements, the application shall be rejected.
10.3 The Chief of Police shall have the final responsibility of granting any award under this Program for
which application is made, after considering the application and other relevant factors, including
determinations, relevant documents and recommendations. An award may be granted, rejected or removed
at any time.
ARTICLE 11 - TUITION REIMBURSEMENT
11.1 Tuition and/or textbook costs required to complete job-related educational courses which are taken
by an employee and which pertain directly to his or her City employment, may be reimbursed to the
employee if reimbursement is recommended by the employee's department director and approved by the
Assistant CEO/Administrative Services Director. An employee requesting tuition reimbursement must
obtain prior approval before enrollment per Administrative Regulation 2.1. The employee
participating must achieve a passing grade of a "C" or better, Credit/No Credit or a Certificate of Completion
and should see that the Human Resources Manager receives a copy, where appropriate, of the employee's
grade(s) before any reimbursement.
11.2 The City will reimburse up to a maximum of $1,250 per fiscal year for qualifying educational
expenses. It is the intent of the parties that any units/degrees submitted are accredited by Western Association
of Schools and Colleges (WASC, www.wascweb.org), Council for Higher Education Accreditation (CHEA,
www.chea.org/directories), or pre -approved by the Chief of Police or designee.
ARTICLE 12 - OVERTIME
12.1 Employees will be compensated only for overtime authorized in advance by an appropriate
supervisor. Generally, overtime shall be discouraged unless absolutely necessary. An employee may, with
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the Chief of Police's (or designee's) approval, accumulate compensatory time to be taken during subsequent
pay periods, with departmental approval, up to a maximum accumulation of eighty (80) hours for each
employee. Compensatory time off will be granted upon a reasonable request of the employee, and pursuant
to the provisions of Police Manual Section 175 et. al. No more than 40 hours of compensatory time may
be taken at any one time. An employee may cash out up to 40 hours of compensatory time on any given
pay period. Effective the first payroll period commencing on or after adoption by the City Council of the
2014-2018 MOU, employees having compensatory time in excess of eighty (80) hours will receive a 1 -
time MOU implementation cash -out of all compensatory time in excess of eighty (80) hours,
12.2 Employees will not be eligible for overtime compensation during the same 24-hour day in which
they have taken or utilized paid leave time (i.e. vacation, sick, holiday, compensatory time) unless the
employee receives prior approval from the Department director or designee. If the employee has utilized
less than a full shift of paid leave time, he or she will only be compensated for overtime pay (11/2) when
they exceed their regularly scheduled hours during that work day or shift.
12.3 The Chief of Police has discretion over the establishment of an overtime policy and procedure that
will be implemented if compensatory time off requests reduce staffing below minimum staffing levels. The
Chief agrees to meet and consult with CMPA before implementing this overtime policy and procedure.
12.4 A written request for Compensatory Time Off (CTO) shall be made and approved no later than 24
hours prior to the requested time off. The Watch Commander/Team Sergeant of the individual requesting
C.T.O. shall approve or deny the request. This policy is subject to suspension in emergency situations or
at the discretion of the Chief of Police or his/her designee. Employees assigned to rotating shifts may not
submit a CTO request more than 30 calendar days in advance of the shift rotation in which the CTO day
off would fall.
12.5 The practice of shift trading shall be voluntary on behalf of each employee involved in the trade.
The trade must be due to the employee's desire or need to attend to a personal matter and not due to the
department's operations. The employee providing the trade shall not have his/her compensable hours
increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours
decreased as a result of the trade. Any hours worked beyond the normal workday will be credited to the
individual actually doing the work. "Paybacks" of shift trades are the obligation of the two employees
involved in the trade. Paybacks are to be completed within the shift deployment of the initial shift trade.
Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will
the department be obligated for any further compensation whatsoever to any of the involved employees.
The department is not responsible in any manner for hours owed to employees by other employees that
leave the employment of the City or are assigned other duties. Shift trades are not subject to the grievance
procedure. If one individual fails to appear for the other (regardless of the reason), the person who was
"traded in" will be listed as absent without leave and may be subject to disciplinary action. A record of all
initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the
department ("Shift Trade Log").
12.6 Fills for overtime shifts shall first be available to full-time members of the Division having the
overtime and within the same classification, Police Officer for Police Officer (includes: Police Officer, and
Senior Police Officer) and Sergeant for Sergeant. Superior ranking officers may fill a lower ranking
position if it has not been filled a minimum of 48 hours prior to the start of the scheduled shift, or if it is the
only available means of filling the vacancy. Superior ranking employees may only voluntarily fill an
overtime shift vacancy in their immediate subordinate rank (e.g. Sergeant may fill for an Officer vacancy).
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12.7 Members of the Department may sign up for overtime outside their Division; however, they may
be bumped out of the overtime assignment up to forty eight (48) hours before the shift begins by a full time
member of the Division with the need for the overtime.
12.8 A bumping employee shall attempt to notify the bumped employee by telephone, and he or she
shall also provide a written memo to the bumped employee's Department mail box or office. The bumping
employee shall also notify and provide a copy of the written memo to the acting Watch Commander or
Bureau Commander. The acting Watch Commander or Bureau Commander shall make a notation of the
bump in the respective schedule books and retain a copy of the written memo.
12.9 Employees who sign up for overtime outside their Division shall contact the acting Watch
Commander or Bureau Commander within twenty-four (24) hours prior to the commencement of the
overtime shift which they have signed up for to determine if they have been bumped.
12.10 All overtime which exceeds forty (40) hours shall be posted on the overtime board appropriate for
the Division/Bureau. The overtime will be available to be filled based on the above defined process.
12.11 Once an employee has signed up to work an overtime shift, it is that employee's responsibility to
ensure the shift is filled. Employees may only remove their name from a shift they have volunteered to
work if they have found a replacement or they receive prior approval from a ranking supervisor.
ARTICLE 13 - SPECIALTY ASSIGNMENT PAY
13.1 The City and Association recognize that special assignments out of the scope of the covered
classifications of Police Officer, Senior Police Officer, and. Police Sergeant will at times be required for the
efficient operation of the department, and therefore these special assignments and their associated specialty
assignment compensation are listed below. According to California Code of Regulations Sections 571(a)
and (b) the premium and special pays herein will be reported to Ca1PERS as special compensation.
13.2 FIELD TRAINING OFFICER PAY - The City will continue paying selected Police Officers
Field Training Officer (FTO) assignment pay (12.5% of base salary) on an as needed basis who meet the
Department established standards. This FTO assignment pay will be paid while the employee is assigned
and scheduled to provide training. The minimum period of time an employee will be authorized to receive
the pay is one (1) shift.
13.3 UNIFORM ASSIGNMENT PAY - Employees in the classifications of Senior Police Officer and
Police Sergeant who are regularly assigned to uniform automobile/motorcycle patrol, helicopter bureau or
traffic enforcement shall receive uniform assignment pay (2.5% of base salary). Employees, assigned to
patrol or traffic enforcement for less than 14 consecutive days shall not be eligible for Uniform Assignment
Pay. All Police Officers who are receiving Uniform Assignment Pay upon the effective date of this
agreement shall continue to receive such pay. Uniform pay shall also be applicable to employees in the
Police Officer classification who are regularly assigned to uniform automobile/motorcycle patrol or traffic
enforcement after three years of service with the City of Costa Mesa.
13.4 MOTORCYCLE ASSIGNMENT PAY - Employees in the classifications of Police Officer,
Senior Police Officer, and Police Sergeant when assigned motorcycle duty shall receive 5% over his or her
assigned rate per shift. Additionally, one motorcycle trainer shall receive 5% incentive pay while in
temporary assignment to perform routine safety checks. Each employee assigned to motorcycle duty shall
maintain his or her motorcycle in an acceptable state as determined by Police Management and will be
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compensated three hours at time and a half at the top step base salary for the Senior Police Officer
classification each payperiod for the motorcycle maintenance.
13.5 CANINE ASSIGNMENT - Employees assigned to canine duty, and who are responsible for an
active duty canine will receive 7 hours paid at a rate of time and one half each pay period in a manner
consistent with current practice if the employee is assigned to care for and feed the animal. The parties
have determined that this is an accurate estimate of how many off-duty hours are actually worked, and have
agreed that this is a reasonable amount of time to cover the time spent to care for and feed the animal.
13.6 BILINGUAL PAY - Applicable only to employees in the job classifications determined by the
Chief Executive Officer and when so assigned using their bilingual abilities as part of their regular job
assignment: 5% of the top step base salary for the Senior Police Officer classification. Employees who are
approved and assigned by their department director to utilize bilingual skills, which includes Spanish,
Vietnamese, American Sign Language (ASL) and any other language approved by the Assistant
CEO/Administrative Services Director must be certified by their department director and may be tested by
Human Resources annually to verify their language proficiency in order to maintain eligibility for said
compensation. The City shall establish a second level of proficiency, designed for employees who are
capable of "speaking only" and shall receive 2.5% of the top step base salary for the Senior Police Officer
classification. Testing procedures will be determined and administered by the City. This level of
proficiency is not intended to replace "higher" level of proficiency nor to "demote" employees currently
receiving that level of benefit, providing they maintain appropriate proficiency.
The following standard of spoken Spanish, Vietnamese, or American Sign Language is followed
for the 2 Yz% Certification:
A. The applicant has the ability to create with language, recombining and adapting learned
material to express personal meaning and can handle simple situations and transactions in the
course of his/her work such as explanation of procedures, obtaining personal information,
instructions to victims and onlookers, among others.
B. The applicant is able to maintain simple face-to-face conversations, asking and answering
questions regarding everyday survival on topics most related to self and immediate work
environment; courtesy requirements, and personal needs during the course of routine calls not
likely to be of a life or death nature.
C. The applicant can be understood with some repetition by a sympathetic native speaker
D. The applicant demonstrates mastery of work-related vocabulary including: time, days of the
week, months, family members, parts of the body, motions and states, greetings, home and
community, food and beverages, alphabet and numbers, vehicles, simple commands,
interrogatory words, etc.
E. Accuracy is required in the present tense and gender distinctions.
F. Core vocabulary of 300-600 words.
The 5% Certification requires:
A. Accuracy in present and past tenses.
B. Core vocabulary of 600-1200 words.
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ll
C. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be
understood with little repetition or confusion by native speaker.
D. Ability to interview the victim of a crime or accident or other situation involving a native
speaker of Spanish and conduct simple interrogations and investigations which could be of a
life or death nature.
E. Ability to understand description, narration, main ideas and details on a variety of topics
beyond the immediate situation.
13.7 HAZARD PAY - $100 per month hazard pay shall be applicable to each of two (2) officers
assigned to undertake hazardous materials duty when assigned to the Drug Lab Clean -Up Task Force and
when they are on -'call. The hazard pay shall be payable the first payperiod following the month so assigned.
13.8 The City will continue payment of the assignment of special pay as set forth in Articles 13.2 through
13.7 above in the event of an industrial injury (as is done for salary, leaves and benefits) in accordance with
the City's Personnel Rules and Regulations.
ARTICLE 14 - VACATION LEAVE
14.1 VACATIONS
1. The purpose of annual vacation leave is to enable each eligible employee to spend a
reasonable amount of time away from his or her job and to return to work refreshed. Any
leave of absence without pay shall not accrue vacation leave for each full pay period of
such absence.
2. Regular full-time employees in the classified services with an average work -week of forty
(40) hours, employed by the City prior to adoption by the City Council of the 2014-2018
MOU, shall receive annual vacations with pay in accordance with the following provisions
("Tier 1"):
a. After continuous full-time service amounting to one (1) year or more, an employee
shall have earned paid vacation at the rate of ninety-two (92) working hours per year.
b. Upon completion of three (3) years of continuous full-time service, but less than
five (5) years of continuous full-time service, such employee shall earn one hundred sixteen
(116) working hours per year.
c. Upon completion of five (5) years of continuous full-time service, but less than ten
(10) years of continuous full-time service, such employee shall earn one hundred forty
(140) working hours per year.
d. Upon completion of ten (10) years of continuous full-time service, but less than
fifteen (15) years of continuous full-time service, such employee shall earn one hundred
sixty-four (164) working hours per year.
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C. Upon completion of fifteen (15) years of continuous full-time service such
employee shall earn one hundred eighty-eight (188) working hours per year.
f Upon completion of twenty (20) years of continuous full-time service, such
employee shall earn two hundred twelve (212) working hours per year.
3. Regular full-time employees in the classified services with an average work -week of forty
(40) hours, employed by the City on and after adoption by the City Council of the 2014-
2018 MOU, shall receive annual vacations with pay in accordance with the following
provisions ("Tier 2"):
a. Upon being hired by the City and through completion of less than three (3) years
of continuous full-time service, such employee shall earn eighty (80) working hours per
year.
b. Upon completion of three (3) years of continuous full-time service, but less than
seven (7) years of continuous full-time service, such employee shall earn one hundred
twenty (120) working hours per year.
C. Upon completion of seven (7) years of continuous full-time service, but less than
thirteen (13) years of continuous full-time service, such employee shall earn one hundred
forty (140) working hours per year.
d. Upon completion of thirteen (13) years of continuous full-time service, but less
than fifteen (15) years of continuous full-time service, such employee shall earn one
hundred sixty (160) working hours per year.
e. Upon completion of fifteen (15) years of continuous full-time service, but less than
twenty (20) years of continuous full-time service, such employee shall earn one hundred
eighty (18 0) working hours per year.
f. Upon completion of twenty (20) years of continuous full-time service, such
employee shall earn two hundred (200) working hours per year.
4. Vacation Accrual Implementation and Ceiling- Effective 12 months after adoption by the
City Council of the 2014-2018 MOU, the accrual of vacation hours will be capped at the
following maximum levels based upon an employee's years of service as follows:
Tier 1
Years of Service
1-2
3-4
5-9
10-14
15-19
20+
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Annual Accrual40-Hour
92.0
116.0
140.0
164.0
188.0
212.0
13
Maximum Accrual 40 -Hour
184.0
232.0
280.0
320.0
320.0
320.0
Tier 2
Years of Service
Annual Accrual40-Hour
0-2
80.0
3-6
120.0
7-12
140.0
13-14
160.0
15-19
180.0
20+
200.0
Maximum Accrual 40 -Hour
160.0
240.0
280.0
320.0
320.0
320.0
Once the maximum accrual is reached, the employee will stop accruing additional Vacation
Leave. Annual vacation accruals will re -commence in the next pay period following the use
of vacation leave which reduces the balance below the maximum allowed. It is the
responsibility of the employee to manage accrued vacation time off to not exceed the cap or
maximum amount allowed per the chart above.
Scheduling of Vacation Leave - It is the employee's responsibility to request, schedule and use
vacation time to avoid exceeding the maximums. However, in the event the maximum is
reached, the City has the right to schedule the employee off in order to reduce the accrued hours
to be within the cap.
Employees must submit vacation requests in a timely manner in accordance with the
Department requirement and as appropriate for the employee's Departmental operational
needs.
Departments which have 24 hours a day/7 days a week operations have established request
procedures that require significant advance notice so all vacation requests may be coordinated
as fairly as possible based upon the operational needs of the Department and or Division.
Departmental Needs & Exception —When an employee submits a timely vacation leave request
and the Supervisor and/or the Chief of Police must deny it due to the operational needs of the
City and/or Department, an exception may be granted by the Chief of Police with a written
explanation from the employee's supervisor and advance approval from the Chief Executive
Officer. If such an exception is granted, a cash -out of the excess, accrued vacation time in
excess of the maximum amount allowed will be processed for the pay period in question. There
will be no approvals for Vacation Leave Accrual beyond the Maximum Accrual Level.
Should a scheduled Vacation Leave have to be cancelled by the Chief of Police due to the
operational needs of the City/Department, an exception for a "Cash -Out" may be granted by
the Chief of with a written explanation from the employee's supervisor and advance approval
from the Chief Executive Officer.
Implementation of Vacation Accrual Ceiling — In order to provide a grace period in relation to
the vacation accrual implementation and ceiling, at any time prior to the effective date of the
new maximum accrual limitations set forth above, employees will have the option of a 1 -time
MOU implementation cash -out, at which time employees may elect a cash -out of accrued
Vacation Leave down to a maximum accrual of 240 hours. Employees will not be required to
use any Vacation Leave in order to elect this 1 -time MOU implementation cash -out.
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Vacation Leave Cash Outs — Each fiscal year, employees will have the following cash -out
options: 1) One eighty (80) hour cash -out any time during the fiscal year, regardless of the
employee's maximum accrual and regardless of the employee's Vacation Leave usage; and, 2)
Up to four cash -outs per fiscal year, any time during the fiscal year (irrespective of quarter),
based on a "2 for 1" usage ratio, up to a maximum of 80 -hours for each cash out. For example,
if an employee uses 10 hours of Vacation Leave, the employee could cash out up to 20 hours
of Vacation Leave; in order for an employee to cash -out the maximum of 80 -hours Vacation
Leave, the employee would need to use 40 hours of Vacation Leave.
All employees who are at the Maximum Accrual Level or who may reach the Maximum
Accrual Level shall utilize the "Cash -Out" and/or "Vacation Leave" options so as to NOT
exceed the Vacation Accrual Ceiling. Other than exceptions granted based upon City and/or
Departmental needs as approved by both the Chief of Police and the Chief Executive Officer,
there will no other cash -out of Vacation Leave time beyond the Maximum Accrual rates that
have been established.
14.2 The City shall establish a vacation bank to be administered by the CMPA Board of Directors. The
bank will be comprised of hours voluntarily donated by Association members.
ARTICLE 15 - SICK LEAVE INCENTIVE PROGRAM
15.1 Employees may accumulate up to a maximum of 192 hours of sick leave credit in their SICK
LEAVE BANK. Upon reaching the maximum level, the biweekly benefit of 3.69 sick leave hours may be
cashed out at 100% of the employee's regular rate of pay.
15.2 Separate and distinct from the below described primary and secondary sick leave banks (which
shall be phased out), effective the first payroll period commencing on or after adoption by the City Council
of the 2014-2018 MOU, there shall be established what shall be referenced as "THE SICK LEAVE BANK."
Effective the first payroll period commencing on or after adoption by the City Council of the 2014-2018
MOU, each employee will be credited with 96 hours in their SICK LEAVE BANK. Thereafter, each
employee shall earn 3.69 hours of sick leave per pay period, up to the maximum accrual of 192 hours.
The employee eligible to utilize sick leave shall have the option of the sick leave usage being deducted
from either THE SICK LEAVE BANK or from the primary/secondary sick leave bank as described below.
The sick leave hours in THE SICK LEAVE BANK shall have no cash value, and shall not be convertible
to cash or to any other form of compensation. The sick leave hours in THE SICK LEAVE BANK may be
converted to service credit upon retirement, at the rate of 1 day = 0.004 years of service credit.
15.3 THE PRIMARY AND SECONDARY SICK LEAVE ACCOUNTS. Unit members hired on and
after adoption by the City Council of the 2014-2018 MOU shall not be eligible to participate in primary
and/or secondary sick leave banks. As regards unit members having primary and/or secondary sick leave
banks prior to adoption by the City Council of the 2014-2018 MOU, the following governing rules shall
apply:
A. Unit members having primary and/or secondary sick leave banks prior to adoption by the City
Council of the 2014-2018 MOU will have an 18 -month grace period, through July 1, 2017, to elect
whether to retire, and at such time will be able to cash out up to one half of the sick leave
accumulated in his/her Primary Sick Leave Bank.
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B. Effective on and after adoption by the City Council of the 2014-2018 MOU, there shall be no
augmentation of the primary and/or secondary sick leave banks, i.e., no additional sick leave hours
will be added to these banks.
C. Following the 18 -month grace period described above, the hours in the primary and/or
secondary sick leave banks shall have no cash value and shall not be converted to cash or any other
form of compensation. The hours in the primary and/or secondary sick leave banks may be
converted to service credit upon retirement, at the rate of 1 day = 0.004 years of service credit.
15.4 For lateral employees hired on or after City Council adoption of the 2014-2018 MOU, such
employees will be immediately credited with up to 80 hours in their SICK LEAVE BANK. Upon being
hired by the City of Costa Mesa, and provided the lateral employees had sick leave accruals (that were not
cashed out) at the time of leaving their former agency, the lateral employees will be credited with the
corresponding sick leave accruals, up to a maximum of 80 hours. For example, if a lateral employee had
20 sick leave hours on the books at his/her former agency, he/she would be immediately credited with 20
hours at Costa Mesa.
15.5 Upon either separation from the City of Costa Mesa, with a minimum of 20 years of continuous
honorable service; or upon eligibility for retirement benefits (defined as having applied for and receiving
retirement benefits), the employee can choose to apply all credited sick leave time (in the primary,
secondary, and/or SICK LEAVE BANK) towards his or her service credit.
ARTICLE 16 - BEREAVEMENT LEAVE
A maximum of three (3) days of paid leave may be used by an employee in the event of a death in his/her
immediate family or the immediate family of his/her spouse. "Immediate family" (grandparent, father,
mother, brother, sister, wife, husband, or child of employee or spouse) shall be as defined in the Personnel
Rules and Regulations regarding the use of sick leave under the M.O.U. This leave may be used in
conjunction with the use of sick leave, but the term of absence for any one illness/death shall not exceed
five (5) working days. Paid leave under this section shall not accumulate and shall not be carried over into
a subsequent calendar year.
ARTICLE 17 - LONG TERM DISABILITY
17.1 An employee is eligible for Long Term Disability ("LTD") benefits under the LTD Plan after sixty
(60) calendar days of employment with the City. The City will eliminate the requirement that accumulated
vacation, CTO, and sick leave be exhausted prior to LTD eligibility. Once eligible for LTD, an employee
may exercise the option of using accumulated vacation, CTO and sick leave in his or her Secondary Sick
Leave Bank to supplement LTD payments up to an amount not to exceed 100% of monthly salary.
17.2 A permanent separation from service for disability reasons shall be termed a "medical retirement"
whether or not such separated employee receives benefits from either the Retirement or LTD Plan.
ARTICLE 18 - LAYOFF PROCEDURES
Because of material change in duties or organization of the Costa Mesa Police Department, or shortage of
work or funds, employees covered by this M.O.U. may be laid off. Thirty (30) calendar days before the
effective date of a layoff, the appointing authority shall notify the Assistant CEO/Administrative Services
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Director of the intended action with reasons therefore. Any Employee who is laid off shall be considered
for re-employment as provided by the Personnel Rules and Regulations.
ARTICLE 19 - DISCIPLINARY PROCEDURES
19.1 Any conflict or discrepancy between this Article and Rule 14 of the Personnel Rules and
Regulations shall be clarified in accordance with this Article.
19.2 BASIS FOR DISCIPLINARY ACTION - The tenure of every City employee shall be based on
reasonable standards of personal conduct and job performance. Failure to meet such standards shall be
grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the
offense and with consideration of the employee's prior performance record. Disciplinary action shall be
based upon any of the following grounds:
A. Fraud in securing employment or making a materially false statement on an application for
employment or on any supporting documents furnished with or made a part of any
application.
B. Incompetence such as failure to comply with the minimum standards for an employee's position
for a significant period of time.
C. Neglect of duty, such as failure to perform the duties required of an employee's position.
D. Willful disobedience and insubordination such as a willful failure to submit to duly appointed
and acting supervision or to conform to duly established orders or directions of persons in a
supervisory position.
E. Dishonesty involving or affecting employment.
F. Being under the influence of alcohol or intoxicating drugs while on duty without a prescription.
Unauthorized use of alcohol or any intoxicating drugs while on duty, or bringing alcohol or
controlled substances onto any City work area, including work areas which are located away
from the City Hall or Police Headquarters if the employee is on duty, without authorization
from management.
G. Abuse of alcoholic beverages, narcotics or any habit forming drug, in violation of the City's
drug testing policy.
H. Inexcusable absence without leave.
I. Conviction of a felony or conviction of a misdemeanor. A plea or verdict of guilty, or a
conviction following a plea of nolo contenders, to a charge of a felony or misdemeanor is
deemed to be a conviction within the meaning of this section.
J. Discourteous treatment of the public.
K. Improper or unauthorized use of City property.
L. Violation of the rules and regulations of the Police Department.
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M. Any act or conduct undertaken which is of such a nature that it causes discredit to fall upon the
City, the employee's department or division, whether during or outside of duty hours.
N. Failure to maintain proper conduct during working hours causing discredit to the employee's
department or division.
O. Fighting, threats of bodily harm or causing an assault on a fellow worker without justification.
P. Misuse of City records or information obtained for use outside the scope of their employment.
Q. Falsification of City records, including the intentional omission of relevant or required
information.
R. Willful destruction of City property
S. Abuse of sick leave.
T. Knowingly failing to follow the procedures governing grievances when pursuing a grievance.
U. Inattention to duty, tardiness, carelessness or negligence in the care and handling of City
property, private property in their care or Departmental business.
V. The employee's failure to resolve a physical or mental infirmity(s) or defect(s), when it is within
the capacity of the employee to do so and when so directed by his/her supervisor.
W. Outside employment, which conflicts with the employee's position or the mission of the
Department, and is not specifically authorized by the Chief of Police.
X. Acceptance from any source of a reward, gift or other form of remuneration in addition to the
employee's regular compensation, as a personal benefit to the employee for actions performed
in the normal course of the employee's assigned duties. This does not include items of
recognition, such as commendation, certificates and other such incidents of office which may
be presented to officers in recognition of superior performance or a job well done, so long as
the presentation does not include any sort of payment or compensation for the performance of
the officer's duty.
Y. Falsification of any City report or record, or of any report or record required to be, or, filed by
the employee or which the employee causes to be filed.
Z. Violation of any of the provisions of the City Code, ordinances, resolutions, or any rules,
regulations or policies which may be prescribed by the City Council, Chief Executive Officer,
department manager or supervisor.
AA. Engaging in political activities precluded by State or Federal law.
BB. Other acts which are incompatible with service to the public.
CC. Violation of the City's harassment policy.
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19.3 TYPES OF DISCIPLINE -The following procedures shall be followed when, in the judgment of
the department director, an employee has committed an act or omission that justifies disciplinary action.
Except for written warnings/reprimands, the department director or his/her designee shall advise employees
of contemplated disciplinary actions in writing and allow the employees reasonable opportunity to respond
to such charges prior to taking action.
When life, or employee safety, is endangered, or the self-control of an employee is questionable, a
supervisor shall take immediate action to reduce or eliminate the danger or to establish control. In case of
an emergency, an employee shall have all of the rights set forth herein, except, in the discretion of the
appointing authority, an employee may be placed on administrative leave with pay pending predisciplinary
procedures. In such a circumstance the Assistant CEO/Administrative Services Director must be contacted
immediately.
The following are the applicable types of discipline:
A. Warning/Reprimand: if the warning/reprimand is in writing, the department director shall give
the employee a copy and forward a copy to the Assistant CEO/Administrative Services Director
for review and retention in the employee's personal history file. A written warning/reprimand
shall contain a description of the events which necessitated the action, the specific expectations
of change or improvement to be demonstrated by the employee, and notice of further adverse
action which might be taken against the employee in the event a change in the employee's
conduct or performance does not occur. The reprimanded employee shall have the right to
attach a written rebuttal to this warning/reprimand.
B. Suspension: A department director may suspend an employee with or without pay from his/her
position. Any placement of an employee on administrative leave pending predisciplinary
response by the employee shall be with pay. The department director shall advise the Assistant
CEO/Administrative Services Director in writing of such intended action and shall give a copy
of the statement to the employee. The written statement shall contain a description of the events
which necessitated the suspension, a statement of the charges, notification that the employee
may review and be provided with the materials leading to the suspension, the right of the
employee to meet with the appointing authority and/or to respond in writing within a reasonable
time frame to the charges, and notice of further action in the event a change by the employee
does not occur. Unless extended by approval of the City Manager or designee on written
recommendation of the department head, the maximum period of suspension shall be thirty
(30) calendar days. These procedures are predisciplinary in nature.
C. Demotion or Reduction in Pay: The Chief of Police shall advise the Assistant
CEO/Administrative Services Director in writing of his/her intention to demote or reduce the
salary of an employee prior to taking such action. In demoting an employee or reducing his/her
salary, the department head shall prepare a written notice and shall give a copy of said notice
for demotion or reduction in pay to the employee and forward a copy to the Assistant
CEO/Administrative Services Director for review and retention in the employee's personal
history file. The written statement shall contain a description of the events which necessitated
the demotion, a statement of the charges, notification that the employee may review and be
provided with the materials leading to the demotion, the right of the employee to meet with the
appointing authority and/or respond in writing within a reasonable time frame to the charges,
and notice of possible farther action in the event a change or improvement by the employee
does not occur. These procedures are predisciplinary in nature.
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D. Dismissal: The Chief of Police shall advise the Assistant CEO/Administrative Services
Director in writing of his/her intention to dismiss an employee prior to taking such action. In
dismissing an employee, the department head shall prepare a written notice and shall give a
copy of said notice of dismissal to the employee and forward a copy to the Assistant
CEO/Administrative Services Director for review and retention in the employee's personal
history file. The written statement shall contain a description of the events which necessitated
the dismissal, a statement of the charges, notification that the employee may review and be
provided with the materials leading to the dismissal, and the right of the employee to meet with
the appointing authority and/or respond in writing within a reasonable time frame to giving the
employee notice of the charges. These procedures are predisciplinary in nature.
19.4 NOTICES - Written notices will be given to the employee in person whenever possible and the
employee's signature obtained to indicate receipt. In the absence of personal service, the notice may be
sent by registered mail.
19.5 EMPLOYEE'S RESPONSE - An employee's opportunity to respond to the department director
is not intended to be an adversarial hearing. An employee has the right to have a representative of his/her
own choosing at the meeting. The employee need not be accorded the opportunity to cross-examine a
departments' witnesses, nor to present a formal case in opposition to the proposed discipline. However,
the limited nature of this response does not obviate the appointing authority's responsibility to initiate
further investigation if the employee's version of the facts raises doubts as to the accuracy of the department
head's information leading to the discipline proposal. An employee may elect not to respond, thereby
waiving any further predisciplinary response.
The Chief ofPolice will evaluate the proposed discipline in light of the employee's response, if any. Within
five (5) working days of the employee's response, or other deadline for response established by the parties,
the decision of the appointing authority will be transmitted in writing to the employee. Service of the
decision will be in person or by registered mail.
19.6 APPEAL PROCEDURES - Any permanent employee in the classified service shall have the right
to appeal any termination, suspension of over twenty (20) hours, reduction in salary, or nonprobationary
demotion. The appeal process shall not be applicable to those positions which may be deemed exempt, or
to probationary employees. This appeal process shall not be applicable to verbal and written reprimands,
suspensions of twenty (20) hours or less, performance evaluations and denial of merit increases.
An employee desiring to appeal the Chief of Police's decision shall have ten (10) calendar days after receipt
of the response to file an appeal. The employee's request for appeal must be addressed to the Assistant
CEO/Administrative Services Director and received and date stamped within the 10 -day period.
If, within the 10 -day appeal period, the employee involved does not file said appeal, unless good cause for
the failure is shown, the action of the appointing authority shall be considered conclusive and shall take
effect as prescribed. If, within the 10 -day appeal period, the employee involved files such notice of appeal
by giving written notice of appeal to the Assistant CEO/Administrative Services Director, an advisory
arbitration appeal hearing shall be established as follows:
A. The employee shall file a written request with the Assistant CEO/Administrative Services
Director for advisory arbitration.
B. At the initiation of this M.O.U. and the beginning of each subsequent calendar year, a list of
registered arbitrators will be certified by the parties. CMPA and the City shall each submit the
names of five (5) arbitrators to complete a listing of ten (10) arbitrators. The arbitrators shall
5288261.1. C0190-029 20
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be registered with the American Arbitration Association, California State Conciliation Service
or some other agreed upon recognized reputable source. Within seven (7) calendar days of the
employee's request for an arbitration appeals hearing, each party may strike three or less names
from the established list. If the employee or CMPA fails to strike within thirty (30) calendar
days, the employee is considered to have abandoned the appeal. If a mutual agreement cannot
be reached between the parties as to the selection of an arbitrator from the remaining names,
the matter will be heard by the listed arbitrator who is first available to hear the matter within
the time frames of the process. The party to have the first opportunity to strike a name from
the list of ten arbitrators shall be determined by lot. The priority of striking of names from the
arbitrator list shall then alternate from one party to the other each time advisory arbitration is
invoked by the same parties.
C. The selected arbitrator shall serve as the hearing officer.
D. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than
60 calendar days, from the date of the filing of the appeal with the Assistant
CEO/Administrative Services Director. The parties may however stipulate to a longer or
shorter period of time in which to hear the appeal. All interested parties shall be notified in
writing of the date, time, and place of hearing and the identity of the hearing officer to whom
the matter has been assigned.
E. All hearings shall be private, however, the employee may request to open the hearing to the
public.
F. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of
either party to the Hearing Officer, not less than seven (7) calendar days prior to the
commencement of such hearing. After the commencement of such hearing, subpoenas shall
be issued only at the discretion of the hearing officer.
G. The hearing need not be conducted in accordance with technical rules relating to evidence, civil
procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence
on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rules which might make improper the
admission of such evidence over objection in civil actions. Hearsay evidence may be used for
the purpose of supplementing or explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over objection in civil actions. The
rules of privilege shall be effective to the same extent that they are now or hereafter may be
recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall
rule on the admission or exclusion of evidence.
H. Each party shall have these rights: To be represented by legal counsel or other person of his/her
choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing
witnesses on any matter relevant to the issues even though that matter was not covered in the
direct examination; to impeach any witness regardless of which party first called him/her to
testify; and to rebut the evidence against him/her. I£ the employee does not testify in his/her
own behalf, he/she may be called and examined by an opposing party, as if under cross-
examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will
be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee
representative) mutually agree that same is not necessary.
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I. The hearing shall proceed in the following order, unless the hearing officer, for special reason,
otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on his/her part; the City
bears the burden of proof and burden of producing evidence;
4. The party appealing from such disciplinary action may then open his/her defense and offer
his/her evidence in support thereof, the employee bears the burden of producing evidence
for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence, unless the hearing
officer for good reason permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion
of the hearing officer.
J. The hearing officer shall determine relevancy, weight, and credibility of testimony and
evidence. He/she shall base his/her findings on a preponderance of evidence presented. During
the examination of a witness, all other witnesses, except the parties, shall be excluded from the
hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No
still photographs, moving pictures, or television pictures shall be taken in the hearing chamber
during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for
any reason he/she believes to be important to reaching a fair and proper decision. The hearing
officer shall render his/her opinion as soon after the conclusion of the hearing as possible and
in no event later than 30 days after conclusion of the hearing, absent a stipulation from the
parties that a longer period of time is warranted. His/her decision shall set forth which charges,
if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and
conclusions.
K. The hearing officer may recommend sustaining or rejecting any or all of the charges filed
against the employee. He/she may recommend sustaining, rejecting, or modifying the
disciplinary action invoked against the employee. He/she may not recommend discipline more
stringent than that issued by the department head.
L. The hearing officer's opinion and recommendation shall be filed with the Chief Executive
Officer or designee, with a copy sent to the appealing employee, and the Assistant
CEO/Administrative Services Director and shall set forth his/her findings and
recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's
recommendation, the opinion shall set forth the date the employee is recommended to be
reinstated and/or other recommended action. The reinstatement date, if appropriate, may be
any time on or after the date of disciplinary action.
M. The Chief Executive Officer or designee shall then review the hearing officer's opinion and
recommendation and render a decision on the appeal within thirty days of the filing of said
opinion and recommendation. The decision of the Chief Executive Officer or designee shall
be final and conclusive. Copies of the Chief Executive Officer's s or designee decision,
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including the hearing officer's recommendation(s) shall be filed where appropriate, including
the employee's personnel file, unless no discipline is upheld by the Chief Executive Officer or
designee. A copy of said decision shall also be served upon the parties and the employee by
first class mail.
N. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer if
the officer is not an employee of the City. These fees also include the fee of the court reporter
and the costs of preparing the transcripts of the hearing. Each party shall bear the cost of its
own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled
hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the
party responsible for the cancellation or postponement shall be solely responsible for payment
of that fee. This process may not apply to mutual settlements by the parties which result in an
arbitration fee.
O. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the Chief
Executive Officer or designee, the time of such discipline shall relate back to the date the
employee was disciplined or after delivery of the Chief Executive Officer's or designee's
decision if discipline was stayed pending the arbitration hearing. If the Chief Executive
Officer's or designee's decision results in a reduction or elimination of a loss of pay which
was previously recommended by the employee's appointing authority, the pay loss shall be
restored to the employee.
P. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure shall be
applicable to proceedings under this section, including the appeal of the Chief Executive
Officer's or designee's final determination into the California Court System, which must be
made in accordance to the time standards and procedures established by Section1094.6 of
California's Code of Civil Procedure.
19.7 A permanent Sworn Police Officer/Sergeant shall have the right to appeal a probationary demotion,
suspensions of 20 hours or less, written reprimands, or job reassignment in the following manner:
A. The appointing authority shall cause to be served on the employee affected, by registered mail
or personal delivery, a statement signed by the appointing authority of the specific action
against the employee. This statement shall clearly inform the employee that he/she has the
right, within five (5) working days after receipt of this notice, to request an informal hearing
on the action by filing the request with the Assistant CEO/Administrative Services Director.
B. If within the five (5) day appeal period the employee involved does not file said appeal, unless
good cause for the failure is shown, the action of the City shall be considered conclusive and
shall take effect as prescribed.
C. If within the five (5) day appeal period the employee involved files a written notice of appeal
with the Assistant CEO/Administrative Services Director a time for an appeal hearing before
the Chief Executive Officer or designee shall be established. The date for a hearing shall not
be less than ten (10) days, not more than thirty (30) days, from the date of the filing of the
appeal, unless the parties stipulate to a different date. All interested parties shall be notified in
writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the
hearing.
D. The Chief Executive Officer or designee shall conduct an informal hearing on the appeal. Each
party shall have the opportunity to present all relevant information in support of its respective
5288261.1 C0190-029 23
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position. These proceedings may be electronically recorded and either party shall have the
right to cause them to be reported by a certified shorthand reporter at the party's expense.
E. Within ten (10) working days after the conclusion of the hearing, the Chief Executive Officer
or designee shall deliver to the employee a final written decision, and serve same by first class
mail upon the employee, which shall either: (a) affirm the decision; (b) modify it by: (1) holding
that certain charges were not established by a preponderance of the evidence, and/or (2)
reducing the penalty, or (3) overturn the decision in its entirety. Said decision shall be final
and binding on the parties and the employee, subject to their right to seek judicial review
pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.
ARTICLE 20 - GRIEVANCE PROCEDURES
20.1 The following guidelines supersede Sections 3 and 4 of Rule 25, Grievance Procedure, of the City's
Personnel Rules and Regulations.
20.2 DEFINITION - A "grievance" is a formal, written allegation by a grievant that he/she has been
adversely affected in the terms and conditions of his or her employment by violation, misinterpretation or
misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the
Personnel Rules and Regulations. Other matters for which a special method of review is provided by law,
ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope
of this procedure. This procedure is not to be used in lieu of the Discipline Appeals Procedure.
20.3 PROCEDURE
A. Informal Resolution: Every effort shall be made to resolve a grievance through discussion
between the employee and his/her immediate supervisor. It is the spirit and intent of this
procedure that all grievances are settled quickly and fairly without any discrimination against
employees who may seek to resolve a grievance by invoking this procedure. Every effort
should be made to find an acceptable solution at the lowest level of supervision. Within fifteen
(15) calendar days after a grievant knew, or by reasonable diligence should have known, of the
condition upon which a grievance may be based, the grievant shall attempt to resolve it by an
informal conference with the grievant's immediate supervisor. The supervisor shall respond
with a decision within ten (10) calendar days after meeting with grievant.
B. If the problem cannot be resolved between the employee and the supervisor, the employee may,
within seven (7) calendar days from the date of receiving the answer from his/her supervisor,
may request and be granted an interview with the division manager, if one exists, in order to
further discuss the grievance. The division manager shall respond with a decision within ten
(10) calendar days after meeting with grievant.
C. If the division head and employee cannot reach a solution to the grievance, the employee may,
within seven (7) calendar days from the date of receiving the answer from the division manager,
request, in writing, and be granted an interview with the Chief of Police.
D. The Chief of Police shall render his/her decision in writing within fifteen (15) calendar days of
receiving the grievance. If the department head and employee are unable to arrive at a
satisfactory solution, the employee may, within ten (10) calendar days from the date of the
decision by the Chief ofPolice, submit a written request with the Assistant CEO/Administrative
Services Director for advisory arbitration.
5288261.1 C0190-029 24
CMPA MOU
E. At the initiation of this MOU and the beginning of each calendar year, a list of registered
arbitrators will be certified. CMPA and the City shall each submit the names of five (5)
arbitrators to complete a listing often (10) arbitrators. The arbitrators shall be registered with
the American Arbitration Association, California State Conciliation Service or some other
agreed upon recognized reputable source. Within seven (7) calendar days of the employee's
request for an arbitration appeals hearing, each party may strike up to three names from the
established list. If the employee or CMPA fails to strike within thirty (30) calendar days, the
employee is considered to have abandoned the appeal. If a mutual agreement cannot be reached
between the parties as to the selection of an arbitrator from the remaining names, the matter
will be heard by the listed arbitrator who is first available to hear the matter within the time
frames of the process. The party to have the first opportunity to strike a name from the list of
ten arbitrators shall be determined by lot. The priority for striking names from the arbitrator list
shall then alternate from one party to the other each time advisory arbitration is invoked by
these parties.
F. The selected arbitrator shall serve as the hearing officer.
G. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than
60 calendar days, from the date of the filing of the appeal with the Assistant
CEO/Administrative Services Director. The parties may however stipulate to a longer or
shorter period of time in which to hear the appeal. All interested parties shall be notified in
writing of the date, time, and place of hearing and the identity of the hearing officer to whom
the matter has been assigned.
H. All hearings shall be private, however, the employee may request that the hearing be open to
the public.
I. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of
either party to the Hearing Officer, not less than seven (7) calendar days prior to the
commencement of such hearing. After the commencement of such hearing, subpoenas shall
be issued only at the discretion of the hearing officer.
J. The hearing need not be conducted in accordance with technical rules relating to evidence, civil
procedure and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence
on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rules which might make improper the
admission of such evidence over objection in civil actions. Hearsay evidence may be used for
the purpose of supplementing or explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible over objection in civil actions. The
rules of privilege shall be effective to the same extent that they are now or hereafter may be
recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall
rule on the admission or exclusion of evidence.
K. Each party shall have these rights: To be represented by legal counsel or other person of his/her
choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing
witnesses on any matter relevant to the issues even though that matter was not covered in the
direct examination; to impeach any witness regardless of which party first called him/her to
testify; and to rebut the evidence against him/her. If the employee does not testify in his/her
own behalf, he/she may be called and examined by an opposing party as if under cross -
5288261.1 C0190-029 25
CMPA MOU
examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will
be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee
representative) mutually agree that same is not necessary.
L. The hearing shall proceed in the following order, unless the hearing officer, for special reason,
otherwise directs:
The party appealing the grievance shall be permitted to make an opening
statement;
2. The City's representative shall then be permitted to make an opening
statement;
3. The party appealing the grievance shall produce the evidence on his/her part; the
employee bears the burden of proof and burden of producing evidence;
4. The City's representative may then open his/her defense and offer his/her
evidence in support thereof, the City bears the burden of producing evidence for
any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence, unless the
hearing officer for good reason, permits them to offer evidence upon their
original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the hearing officer.
M. The hearing officer shall determine relevancy, weight, and credibility of testimony and
evidence. He/she shall base his/her findings on a preponderance of evidence presented. During
the examination of a witness, all other witnesses, except the parties, shall be excluded from the
hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No
still photographs, moving pictures, or television pictures shall be taken in the hearing chamber
during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for
any reason he/she believes to be important to reaching a fair and proper decision. The hearing
officer shall render his/her opinion as soon after the conclusion of the hearing as possible and
in no event later than 30 days after the conclusion of the hearing, absent a stipulation from the
parties that a longer period of time is warranted. His/her decision shall set forth which charges,
if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and
conclusions.
N. The hearing officer may recommend sustaining or rejecting any or all of the charges filed
against the employee. He/she may recommend sustaining, rejecting, or modifying the action
invoked against the employee. He/she may not recommend more stringent than that issued by
the department head.
O. The hearing officer's opinion and recommendation shall be filed with the Chief Executive
officer, with a copy sent to the charged employee, and the Assistant CEO/Administrative
Services Director and shall set forth his/her findings and recommendations.
P. The Chief Executive Officer or designee shall then review the hearing officer's opinion and
recommendation and render a decision on the appeal within thirty days of the filing of said
5288261.1 C0190-029 26
CMPA MOU
opinion and recommendation. The decision of the Chief Executive Officer or designee shall
be final and conclusive. Copies of the Chief Executive Officer's or designee's decision,
including the hearing officer's recommendation(s) shall be filed where appropriate, including
the employee's personnel file, and a copy of said decision shall also be served upon the parties
and the employee by first class mail.
Q. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer if
the officer is not an employee of the City. These fees also include the fee of the court reporter
and the costs of preparing the transcripts of the hearing. Each party shall bear the cost of its
own witness and attorney fees. If either parry unilaterally cancels or postpones a scheduled
hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the
party responsible for the cancellation or postponement shall be solely responsible for payment
of that fee. This process shall not apply to mutual settlements by the parties which result in an
arbitration fee.
R. If the time limits for processing the employee's grievance at any step defined above should
elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual
consent. If the City fails to respond within the prescribed time limits, the grievance will be
deemed to have been denied and the employee may go to the next step. If the Chief Executive
Officer or designee fails to respond within the prescribed time limit, the grievance will be
deemed to have been denied and the employee will be deemed to have exhausted his/her
administrative remedy.
S. The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her appeal at any level of review. In the event the employee
desires the presence of a representative who is an employee of the City, he/she shall make such
request through the assisting employee's supervisor and the supervisor shall make the necessary
arrangements for the employee representative to be present.
T. The employee and/or his/her representative may use a reasonable amount of work time as
determined by the appropriate supervisor or department head in presenting the appeal.
However, no employee shall absent himself/herself without first being excused by his/her
supervisor.
U. No employee shall be required to be represented by an employee organization in processing a
grievance.
V. Employees shall be assured freedom from reprisal for using the grievance procedures by both
the City and CMPA.
W. The settlement terms of a grievance which is processed by an employee individually or by an
informally recognized employee representative shall not conflict with the express provisions
of this M.O.U.
X. A group grievance may be filed when one (1) set of circumstances or occurrences affects more
than one (1) employee in the same manner or to the same extent. The group may file one (1)
document which all members of the group have read and signed. Members of the group shall
be limited to those who have signed the grievance. The resolution of a group grievance may
not be consistent among all employees in the group grievance due to differences in the
circumstances or occurrences that brought about the grievance.
5288261.1 C0190-029 27
CMPA MOU
Y. A group grievance affecting all members of an employee organization may be brought by the
employee organization itself. In such case the procedure shall be commenced directly at the
Chief of Police level within fifteen (15) working days after authorized representatives of the
employee organization knew or by reasonable diligence should have known of the condition
giving rise to the grievance and shall be subject to all applicable time limitations and the
provisions set forth above.
ARTICLE 21 - AMERICANS WITH DISABILITIES ACT (ADA)
21.1 Because the ADA requires accommodations for individuals protected under the Act, and because
these accommodations must be determined on an individual case-by-case basis, the parties agree that the
provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to
hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay,
job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other
terms and privileges of employment.
21.2 The Association recognizes that the City has the legal obligation to meet with the individual
employee to be accommodated before any adjustment is made in working conditions. The Association will
be notified of these proposed accommodations prior to implementation by the City.
21.3 Any accommodation provided to an individual protected by the ADA shall not establish a past
practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.
ARTICLE 22 - SENIOR POLICE OFFICER CLASSIFICATION
22.1 Senior Police Officers will retain the classification of Senior Police Officer until promotion,
demotion or retirement.
22.2 Existing Corporals will retain the classification of Corporal, while in Patrol or until promotion,
demotion or retirement. It is the intent of the parties that the above classifications be phased out and
mutually agreed that no promotions into these classifications be made.
ARTICLE 23 -HOLIDAY PAY
23.1 Employees covered by this agreement shall be entitled to receive twelve (96 hours) holidays during
the calendar year. The following dates and such other days or portion of days as may be designated by the
City Council shall be observed as holidays on which City Hall will close: January 1, New Year's Day; third
Monday in January, Martin Luther King's Birthday; third Monday in February, Washington's Birthday; last
Monday in May, Memorial Day observance; July 4, Independence Day; first Monday in September, Labor
Day; November 11, Veteran's Day observance; fourth Thursday in November, Thanksgiving; the Friday
immediately following Thanksgiving; and December 25, Christmas Day. February 12, Lincoln's Birthday,
and September 9, California's Admission Day, shall be recognized as holiday observances on which City
Hall will remain open. In the event any of the above holidays fall on Saturday, the preceding Friday will
be observed. In the event any of the above holidays fall on Sunday, the following Monday will be observed.
23.2 Employees may elect to use available holiday time for additional time off, or they may cash out
available holiday time for pay to a maximum of 96 hours per calendar year.
5288261.1 C0190-029 28
CMPA MOU
23.3 Prior to the beginning of each calendar year, employees must irrevocably elect for the next year to
either take time off for holidays or cash out holiday pay. Employees who choose the cash out option will
receive the holiday pay bank of 96 hours beginning the first payperiod for the new payroll year. The holiday
pay bank may be cashed out at anytime during the year. At the end of the payroll year any remaining
holiday pay will be cashed out unless the employee previously elects to have it applied as accrued vacation.
Throughout the payroll year, if an employee, who has selected Option 1, decides to take a holiday off, they
must use either vacation or comp time, not holiday time.
23.4 Those employees who choose to take time off in lieu of the holidays will receive a bank of 120 hours.
They will be required to record on their timesheets the hours that correspond with their regular workday
shift and schedule (i.e., those on the 4/10 schedule, will record 10 hours for holiday time). The hours will
be available the first payperiod of the new payroll year. Those employees who elect this option must, as in
the past, make a request at least four (4) working days prior to the requested time off. Approval of the time
off request will be based upon available staffing needs and the needs of the employee. At the end of the
payroll year, any remaining hours will be carried over to the next payroll year (however, the subsequent
year's bank, or cash out, shall be reduced by the number of hours carried over).
23.5 If an employee separates from the service of the City and has used or been paid for holiday pay in
advance of the date(s) or day(s) the holidays actually occurred, the City will deduct the cash value for
holiday benefits already paid, but unearned at the time of separation from the final paycheck.
23.6 At the end of the calendar year any remaining holiday pay will be cashed out unless the employee
elects to have it applied as accrued vacation.
23.7 Employees hired after January 1 of each year are eligible for a pro -rata amount of holiday pay
during the calendar year.
ARTICLE 24 - UNIFORM MAINTENANCE ALLOWANCE
24.1 The City provides uniforms or uniform allowance for employees represented by the Association.
The City will continue to replace, repair and maintain uniforms worn in the line of duty. The average cost
of the uniforms/uniform allowances are reported as special compensation for retirement calculation
purposes and is currently reported as $17 per payperiod (2007).
24.2 Officers not currently assigned to the Operation Division will have a complete uniform for duty
wear. The officers may replace worn equipment or uniforms in the same manner as officers assigned to the
Operation Division in addition to the $500.00 annual clothing allowance currently paid to employees
working plain clothes assignments.
ARTICLE 25 - SENIORITY
Seniority is a privileged status attained by length of continuous and uninterrupted service in the respective
classification. Seniority for Officer (including Senior Police Officer), and Sergeant, is based on time in
grade in the respective rank.
5288261.1 C0190-029 29
[�LLF7t��(1111
ARTICLE 26 -WORK SCHEDULES
The Chief of Police with the approval of the Chief Executive Officer shall have the ability to implement
alternate regular work schedules, provided that the Chief of Police and the CMPA mutually agree upon
such schedule. If no agreement can be made between CMPA and the Chief, then the existing four-day work
week, ten hour day (4-10) remains in effect. Seniority will determine the order in which employees select
their yearly work schedules.
ARTICLE 27 -SCHEDULING
27.1 The annual selection of schedules and shifts/watch (watch is synonymous with shift) for Patrol and
Traffic personnel shall begin upon the completion of the rotation selection and shall conclude as soon as
practical, preceding the January starting date of the new shifts. All classifications represented in this
M.O.U. will make a selection as soon as practical, but in no case to exceed 24 hours after a request by the
supervisor(s) overseeing the process. If a published schedule requires modification during the initial
selection process, then the entire selection process will be repeated. Both parties acknowledge the
provisions identified in this article are not all inclusive and Management retains the right to establish any
other rules for the selection of work schedules not identified within this M.O.U.
27.2 Seniority rights in each job classification determine the order of annual shift, schedule and vacation
selection. Employees who elect to make an approved shift or schedule trade with another employee assume
the seniority of the employee with whom they traded, for shift purposes only, for the length of the trade.
27.3 Priority for vacation selection is based upon the employee's seniority on the watch (i.e.
AM/Days/PM/Relief) in which the vacation will occur. Management retains the right to determine the
number of personnel that may be allowed on vacation on any particular shift or assignment
27.4 Any new work schedule(s) or shift introduced into an existing schedule during the year, will be
available for selection by those working in that same assignment in order of seniority. A "new" work
schedule or shift as defined in this section shall not include "short shift" positions that exist within an
existing schedule that may have not been filled initially, but became available during the calendar year due
to increased staffing. Assignments are defined as the Bureau, Detail, or Patrol Area in which the new work
schedule was introduced. Any subsequent vacancies that occur due to this selection process will also be
made available in order of seniority within the same assignment in which the vacancy occurs. Management
retains the right to assign the least senior employee to any shift left vacant by the selection process.
27.5 If a mid -shift vacancy occurs within an existing work schedule, management retains the right to
assign personnel as needed. A "short shift" position that existed within an existing schedule that was not
filled initially, but became available during the calendar year due to increased staffing is considered
a mid -shift vacancy. At the next scheduled rotation any such vacancy, which remains available for selection
will be made available to personnel in the same Patrol Area (if the vacancy is in Patrol) and on the same
shift (i.e. AM/Day/PM/Relief) for all uniform personnel.
27.6 In the case of a mid -shift vacancy due to a promotion, the following rules will apply
• Patrol Sergeant: The vacated work schedule (and any subsequent vacancies created by this
process) will be available for selection by any other sergeant on that shift (i.e. AM/Day/PM) in
order of seniority.
5288261.1 C0190-029 30
CMPA MOU
27.7 Management retains the right to assign the least senior Sergeant to any work schedule left vacant
by the above selection process. Refer to Police Department Policy Manual Section 1988 for mid -year
vacancies involving a one for one planned rotation exchange.
27.8 Management retains the right to determine what work schedules will be made available for
selection based upon available staffing levels. Management also retains the right to assign personnel, in
recognition of their respective seniority, to vacant work schedules as necessary to fill staffing needs.
27.9 No employee will be forced to work the A.M. shift for a full calendar year. If the selection process
creates this situation, then management retains the right to adjust schedule selections as necessary based
upon seniority.
27.10 All personnel in the represented classifications are subject to overtime draft as needed.
27.11 Employees who work the PM and AM shifts which overlap during a scheduled shift change, will
be compensated for each full shift as scheduled, (at straight time). If an employee is approved to take time -
off on either or both of these shifts, they shall use the same numbers of leave hours as they would have been
compensated for. An employee may use Z -Time to account for the time taken off during the overlapping
hours.
27.12 Employees whose work shift is affected by the change of Day Light Savings Time or Standard
Time changes or shift changes, will be compensated for the full shift as scheduled. If hours worked are in
excess of the scheduled shift, they will be compensated for actual hours worked.
ARTICLE 28 - PROHIBITION OF TOBACCO
The on -duty use of tobacco (cigarettes, cigars, e -cigarettes ["vaping"] and related tobacco products and
technologies) is prohibited for all represented employees. This provision applies to employees hired after
the approval of the MOU dated September 1, 2004.
5288261.1 C0190-029 31
CMPA MOU
ARTICLE 29 - MEET AND CONFER
31.1 ACT OR DECISION IMPACTING TERMS - The City agrees to give the Association notice of
the obligation to meet and confer within two weeks upon the adoption of any state or federal law or
regulation, or after the passage of any Act or decision of any court of competent jurisdiction that has
significant financial impact upon the City, and which is anticipated by the City to have an impact upon
matters within the scope of negotiations.
REPRESENTATIVES OF THE COSTA MESA REPRESENTATIVES OF THE CITY OF
POLICE ASSOCIATION COSTA MESA
ROB DIMEL
CMPA President
DMD SEVILL6f
CMPA Vice President
4/ F 12
NICCK,E'B�OWN
CMPA Neg tiations Team Member
5288261.1 C0190-029
CMPA MOU
32
TAMARA LETOURNEAU
ASSISTANT CEO
LANCE NAKAMOTO
Human Resources Manager
ATTACHMENT II
RESOLUTION NO. 16 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CALIFORNIA, REVISING THE PAY RANGES FOR JOB
CLASSIFICATIONS REPRESENTED BY THE COSTA MESA POLICE ASSOCIATION
(CPMA) PURSUANT TO THE 2014 - 2018 MOU.
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The following pay ranges and monthly rates of pay for the identified
job classifications are hereby established and placed under the Basic Pay Schedule for
Sworn Police Officers effective April 17, 2016. The monthly rate of pay may also be in
increments between the monthly minimum and maximum pay step. In addition, the City
pays six percent (6%) of the employees' retirement contribution to the California Public
Employees' Retirement System (CalPERS).
.lob
Code
Title Grade
Step
1
2
3
4
5
6
7
0201
Police Officer 050
$6,594
$6,924
$7,270
$7,633
$8,015
$8,416
$8,836
Monthly
$79,128
$83,088
$87,240
$91,596
$96,180
$100,992
$106,032
Annual
$38.04
$39.95
$41.94
$44.04
$46.24
$48.55
$50.98
Hourly
0202
Sr Police Officer 052
$6,924
$7,270
$7,633
$8,015
$8,416
$8,836
$9,278
Monthly
$83,088
$87,240
$91,596
$96,180
$100,992
$106,032
$111,336
Annual
$39.95
$41.94
$44.04
$46.24
$48.55
$50.98
$53.53
Hourly
0203
Police Sergeant 056
$8,039
$8,441
$8,863
$9,306
$9,771
$10,260
$10,773
Monthly
$96,468
$101,292
$106,356
$111,672
$117,252
$123,120
$129,276
Annual
$46.38
$48.70
$51.13
$53.69
$56.37
$59.19
$62.15
Hourly
Resolution No. 16 -XX Page 1 of 4
SECTION 2. The following pay ranges and monthly rates of pay for the identified
job classifications are hereby established and placed under the Basic Pay Schedule for
Sworn Police Officers effective June 26, 2016. The monthly rate of pay may also be in
increments between the monthly minimum and maximum pay step. In addition, the City
pays three percent (3%) of the employees' retirement contribution to the California
Public Employees' Retirement System (CalPERS).
Job
Code
Title
Grade
Step
1
2
3
4
5
6
7
0201
Police Officer
050 $6,792
$7,131
$7,488
$7,862
$8,255
$8,668
$9,101
Monthly
$81,504
$85,572
$89,856
$94,344
$99,060
$104,016
$109,212
Annual
$39.18
$41.14
$43.20
$45.36
$47.63
$50.01
$52.51
Hourly
0202
Sr Police Officer
052 $7,131
$7,488
$7,862
$8,255
$8,668
$9,101
$9,557
Monthly
$85,572
$89,856
$94,344
$99,060
$104,016
$109,212
$114,684
Annual
$41.14
$43.20
$45.36
$47.63
$50.01
$52.51
$55.14
Hourly
0203
Police Sergeant
056 $8,280
$8,694
$9,129
$9,585
$10,064
$10,568
$11,096
Monthly
$99,360
$104,328
$109,548
$115,020
$120,768
$126,816
$133,152
Annual
$47.77
$50.16
$52.67
$55.30
$58.06
$60.97
$64.02
Hourly
SECTION 3. The following pay ranges and monthly rates of pay for the identified
job classifications are hereby established and placed under the Basic Pay Schedule for
Sworn Police Officers effective June 25, 2017. The monthly rate of pay may also be in
increments between the monthly minimum and maximum pay step. In addition, the City
pays zero percent (0%) of the employees' retirement contribution to the California Public
Employees' Retirement System (CalPERS).
Resolution No. 16 -XX Page 2 of 4
Job
Code
Title Grade
Step
1
2
3
4
5
6
7
0201
Police Officer 050
$6,995
$7,345
$7,712
$8,098
$8,503
$8,928
$9,375
Monthly
$83,940
$88,140
$92,544
$97,176
$102,036
$107,136
$112,500
Annual
$40.36
$42.38
$44.49
$46.72
$49.06
$51.51
$54.09
Hourly
0202
Sr Police Officer 052
$7,345
$7,712
$8,098
$8,503
$8,928
$9,375
$9,843
Monthly
$88,140
$92,544
$97,176
$102,036
$107,136
$112,500
$118,116
Annual
$42.38
$44.49
$46.72
$49.06
$51.51
$54.09
$56.79
Hourly
0203
Police Sergeant 056
$8,528
$8,955
$9,403
$9,873
$10,366
$10,885
$11,429
Monthly
$102,336
$107,460
$112,836
$118,476
$124,392
$130,620
$137,148
Annual
$49.20
$51.66
$54.25
$56.96
$59.80
$62.80
$65.94
Hourly
PASSED AND ADOPTED this 19th day of April, 2016.
Stephen M. Mensinger, Mayor
ATTEST:
APPROVED AS TO FORM:
Brenda Green, City Clerk Thomas Duarte, City Attorney
Resolution No. 16 -XX Page 3 of 4
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 16 -XX and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 19th day of April, 2016, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 20th day of April, 2016.
Brenda Green, City Clerk
(SEAL)
Resolution No. 16 -XX Page 4 of 4
ATTACHMENT III
RESOLUTION NO. 16 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CALIFORNIA, FOR PAYING AND REPORTING THE VALUE OF
EMPLOYER PAID MEMBER CONTRIBUTION ("EPMC") RELATED TO COSTA
MESA POLICE ASSOCIATION ("CMPA").
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the governing body of the City of Costa Mesa has the authority to
implement Government Code Section 20636(c) (4) pursuant to section 20691;
WHEREAS, the governing body of the City of Costa Mesa has -a written labor
policy or agreement which specifically provides for the normal member contributions to
be paid by the employer, and reported as additional compensation;
WHEREAS, one of the steps in the procedures to change Section 20691 is the
adoption by the governing body of the city of Costa Mesa of a Resolution to reduce
paying and reporting the value of said Employer Paid Member Contributions (EPMC);
WHEREAS, the governing body of the City of Costa Mesa has identified the
following conditions for the purpose of its election to pay EPMC;
• This benefit shall apply to all employees of the Costa Mesa Police
Association.
• This benefit shall consist of paying 6% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable
{excluding Government Code Section 20636(c) (4)} as additional
compensation.
• The effective date of this Resolution shall be April 17, 2016.
Resolution No. 16 -XX Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of
Costa Mesa elects to pay and report the value of EPMC, as set forth above.
PASSED AND ADOPTED this 19th day of April, 2016.
Stephen M. Mensinger, Mayor
ATTEST:
APPROVED AS TO FORM:
Brenda Green, City Clerk Thomas Duarte, City Attorney
Resolution No. 16 -XX Page 2 of 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 16-xx and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 19th day of April, 2016, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 20th day of April, 2016.
Brenda Green, City Clerk
(SEAL)
Resolution No. 16 -XX Page 3 of 3
ATTACHMENT IV
RESOLUTION NO. 16 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CALIFORNIA, FOR PAYING AND REPORTING THE VALUE OF
EMPLOYER PAID MEMBER CONTRIBUTION ("EPMC") RELATED TO COSTA
MESA POLICE ASSOCIATION ("CMPA").
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the governing body of the City of Costa Mesa has the authority to
implement Government Code Section 20636(c) (4) pursuant to section 20691;
WHEREAS, the governing body of the City of Costa Mesa has a written labor
policy or agreement which specifically provides for the normal member contributions to
be paid by the employer, and reported as additional compensation;
WHEREAS, one of the steps in the procedures to change Section 20691 is the
adoption by the governing body of the city of Costa Mesa of a Resolution to reduce
paying and reporting the value of said Employer Paid Member Contributions (EPMC);
WHEREAS, the governing body of the City of Costa Mesa has identified the
following conditions for the purpose of its election to pay EPMC;
• This benefit shall apply to all employees of the Costa Mesa Police
Association.
• This benefit shall consist of paying 3% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable
{excluding Government Code Section 20636(c) (4)) as additional
compensation.
• The effective date of this Resolution shall be June 26, 2016.
Resolution No. 16 -XX Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of
Costa Mesa elects to pay and report the value of EPMC, as set forth above.
PASSED AND ADOPTED this 19th day of April, 2016.
Stephen M. Mensinger, Mayor
ATTEST:
APPROVED AS TO FORM:
Brenda Green, City Clerk Thomas Duarte, City Attorney
Resolution No. 16 -XX Page 2 of 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 16-xx and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 19th day of April, 2016, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 20th day of April, 2016.
Brenda Green, City Clerk
(SEAL)
Resolution No. 16 -XX Page 3 of 3
ATTACHMENT V`
RESOLUTION NO. 16 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CALIFORNIA, FOR PAYING AND REPORTING THE VALUE OF
EMPLOYER PAID MEMBER CONTRIBUTION ("EPMC") RELATED TO COSTA
MESA POLICE ASSOCIATION ("CMPA").
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the governing body of the City of Costa Mesa has the authority to
implement Government Code Section 20636(c) (4) pursuant to section 20691;
WHEREAS, the governing body of the City of Costa Mesa has a written labor
policy or agreement which specifically provides for the normal member contributions to
be paid by the employer, and reported as additional compensation;
WHEREAS, one of the steps in the procedures to change Section 20691 is the
adoption by the governing body of the city of Costa Mesa of a Resolution to reduce
paying and reporting the value of said Employer Paid Member Contributions (EPMC);
WHEREAS, the governing body of the City of Costa Mesa has identified the
following conditions for the purpose of its election to pay EPMC;
• This benefit shall apply to all employees of the Costa Mesa Police
Association.
• This benefit shall consist of paying 0% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable
{excluding Government Code Section 20636(c) (4)} as additional
compensation.
• The effective date of this Resolution shall be June 25, 2017.
Resolution No. 16 -XX Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of
Costa Mesa elects to pay and report the value of EPMC, as set forth above.
PASSED AND ADOPTED this 19th day of April, 2016.
Stephen M. Mensinger, Mayor
ATTEST:
APPROVED AS TO FORM:
Brenda Green, City Clerk Thomas Duarte, City Attorney
Resolution No. 16 -XX Page 2 of 3
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 16-xx and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 19th day of April, 2016, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 20th day of April, 2016.
Brenda Green, City Clerk
(SEAL)
Resolution No. 16 -XX Page 3 of 3
Fiscal Impact Analysis for COIN Ordinance
Cost of Costa Mesa Police Officers Association (CMPA) Contract
City Of1w November 09, 2015 ( 3.0-163.0% 3.0%)
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7,x45.881
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7,810,024
82.000287 131
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lwtl d 3 .
Calalaw PL1n Benetds
575n
961,844
961,644
961.641
961,644
961,844
&bMllpl Pay
500%
104,937
10x,937
100511
111338
114,678
O6rnual Pay
20%
22,491
22,491
22.828
23.863
24.579
Cama Com Par
875%
0
0
0
0
0
FwW T.m Pay
12.50%
15,659
15,859
16.097
t6.826
17.311
Pdan N..M IMI", Pas
0
0
0
0
0
Mota011WMam1emnw Pay
$4.837
425W
42.563
42563
42583
42.563
Mdar M.r AMQnnem Par
5.00%
38,288
38,288
38,862
40624
41.842
Moloy Tmwm00unr AUMnPav
500%
0
0
0
0
0
POST Adeemed CeM oPay
100(k%
07.711
987.711
1,002.527
1.047.961
1,079.400
POST InIlxmrwt. CBM4lde Pay
SW%
45,116
45.116
45.70
47889
49305
$Il "Pay-Pdw OMAMPer
P6m WMJ
1,163
1,163
1,10
1,163
1,163
UMP Pay-Paool
20%
245.784
245,781
249471
260.7n
298600
Eslmaled Cos,
lAadtam
145%
MAN
208.366
211.511
221.097
227730
R4,w Mdd=141
604%
798,135
70.135
810.107
846,821
Bn325
12315,50
1,083,560
Osminn I51
1226.641
1.226.611
1245,6x0
1,301.465
1,340,509
Earns AS l Paron l Cosh ows Is)
164.412
10,412
W.557
WAM
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Tdal
52
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$2.651025
S2730.843
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127
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