HomeMy WebLinkAboutResolution - 2328 STATE OF CALIFORNIA ) RESOLUTION NO. 2328
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA,
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN JACINTO AND THE POLICE
SERGEANTS ASSOCIATION FOR THE PERIOD JANUARY 17,
2002 THROUGH JUNE 30, 2003.
BE IT RESOLVED, that the City Council of the City of San Jacinto,
California, hereby approves and authorizes the Memorandum of Understanding
between the City of San Jacinto, California and the City of San Jacinto Police
Sergeants Officers Association, for the period January 17, 2002 through June 30,
2003, attached as Exhibit A to this Resolution.
Approved and Adopted the 17th day of January, 2002.
Ayes: Ayres, Carlson-Buydos, Conner, Good
Nays: None
Abstain: None
Absent: None
City of San Jacinto
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by Patrick A. Williams, Mayor
ATTEST:
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rothy L. C uinard, City Clerk
Resolution No. 2329
EXHIBIT A
1-
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN JACINTO, CA
AND
SAN JACINTO SERGEANTS ASSOCIATION
MOUISergeants—January 2002
Page 1 of 30
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN JACINTO, CA
AND
SAN JACINTO SERGEANTS ASSOCIATION
INDEX
Article I, Recognition
1.1 Recognition..................................................................................... . ..
1.2 Majority Representation .................................................................................._....................1
1.3 Filing of Petitions.................... ..............................................................................................1
Article li Management Rights
2.1 Employee Rights.............................................................................. ---- -------------.......... 1
2.2 No Discrimination----------------.............. ..1
2.3 Reserved Rights...................................................................................................................2
2.4 impact of City Rights... ..................... .................... ...................................................3
Article III No Strike— No Lockout Pledge
3.1 Association Prohibited Conduct...............................................................................1.........- --3
3.2 City Prohibited Conduct...... L I.......--.... .. .----........................ .......................—.............4
3.3 Association Responsibility"..........................................................................
3.4 City Rights..................... —.....................----------I............—
Article IV, Salaries
4.1 Salary Schedule......................---...................... --..................... ..................................
*UW Article V. Benefits
5-1 Health Benefits& Cafeteria Benefit .......................................................................................6
5.2 Dental Insurance...................................................................................................................6
5.3 Disability Insurance........................ . .................... _ ............... ......... .. ........._..............6
5.4 Life Insurance............................................................— . .........................-..............--..........6
5-5 Retirement............. ..................--.................---.......................... .....6
5.6 Uniform Allowance...................................................... ................................ ....... ......7
5.7 Tuition Reimbursement.. -----1........ ...7
5.8 Health Club Benefit......... .................................. ...... ..... .. .................................................8
Article VI, Leaves
6.1 Sick Leaves ............. - ------------ ...............8
6.2 Vacations.........................................................................................................I——.......-......9
6.3 Jury Duty...................... .. —.......-......... .... ....................... ..................................10
6A Leave of Absence Without Pay .—...................................... .............................10
6.5 Bereavement Leave........................................................................................... ................11
6.6 Temporary Disability Leave......................................... .............----....-.... .........—11
6.7 Military Leave........ .. .... .. . .... ................. .............................................. ....... ............12
Article VII, Holidays
7.1 Holidays........................................................................ .......... ....... 12
Article Vill, Working Hours & Overtime
8.1 Working Hours and Overtime...........................................................-..................................13
8.2 Work 14 Days in 28 Day Work Period .................................................................................13
8.3 Time Not Considered as Compensable Time......................................................................13
8.4 Compensatory Time Off...................................................................................................—14
8.5 Training Schedules and Training Travel Time......................................................................14
Article IX, Personnel Rules
9.1 Personnel Rules Part of MOU........................................... ........... .....................14
Article X Drug and Alcohol-Free Workplace Policy
10.1 Drug and Alcohol-Free Workplace Policy Part of MOU........................................................14
ArticteXl, Harassment In the Workplace Policy
11.1 Harassment In The Workplace Policy Part of MOU........................................................... ..15
ArticieXll. Waiver of Bargaining
12.1 Full Understanding........................................................................................
12.2 Waiver of Bargaining Agreed To..........................................................................................15
12-3 Reopener--- ---- ................................................................... ...15
ArticleXlll Emergency Waiver
13.1 Waiver Granted................................................................................................................—15
ArticleXIV. Severability Clause
14.1 Severability Declared............. ...... .. ..............._._.. .. ......... ---.......... 15
ArticleXV, Ratification and Execution
15.1 Ratification and Execution................................................................................. .....16
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN JACINTO, CALIFORNIA
AND
SAN JACINTO POLICE SERGEANTS ASSOCIATION
This Memorandum of Understanding (hereinafter WOU") is entered into by and between
the City of San Jacinto (hereinafter "CITY") and the San Jacinto Police Sergeants
Association (hereinafter "ASSOCIATION") pursuant to the provisions of the Meyers-
Milias- Brown Act. This MOU shall be effective for a period of two (2) years, commencing
on July 1, 2001, and concluding at the close of business on June 30, 2003, and
thereafter shall continue in effect year-by-year unless one of the parties hereto notifies
the other in writing not later than March 15, 2003 (or succeeding year) of a request to
modify, amend, or terminate this MOU.
ARTICLE I
(RECOGNITION)
1.1 Recognition, CITY hereby recognizes ASSOCIATION as the bargaining
representative of employees in the Sergeants Unit as defined in the MEER, excepting
management, confidential, temporary, and part-time employees.
1.2 Majority Representation. CITY recognizes ASSOCIATION as the majority
14.• representative of all Sergeants Unit employees for the purpose of meeting its obligations
under this MOU, the Meyers-Millias-Brown Act, Government Code §§ 3500 et seq., and
when CITY rules, regulations, or laws affecting wages, hours, and other terms and
conditions of employment are appropriately amended or changed.
1.3 Filing_of Petitions. This MOU shall bar the filing of a Petition of Certification or
Petition for Decertification of a recognized employee organization for this employee
representation unit during the term of this MOU; except that a Petition for Certification or
a Petition for Decertification may be filed during a period beginning not earlier than one
hundred fifty (150) calendar days and ending not less than ninety (90) calendar days
before expiration of said MOU.
ARTICLE II
(EMPLOYEE AND MANAGEMENT RIGHTS)
2.1 Employee Rights. The parties mutually recognize and agree to protect the rights
of all employees hereby to join and/or participate in protected activities or to refrain from
joining or participating in such activities in accordance with Government Code §§ 3500
et seq.
2.2 No Discrimination. CITY and ASSOCIATION agree that they shall not
discriminate against any employee because of race, color, sex, age, national origin,
ancestry, political or religious opinions or affiliations, marital status, handicap, union
membership, or medical condition as defined by State and Federal law.
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CITY and ASSOCIATION shall reopen any provision of this MOU for the purpose
Oft of complying with any final order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this MOU
in compliance with State or Federal anti-discrimination laws.
2.3 Reserved Rights. CITY reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been expressly abridged by
specific provisions of this MOU or by law to manage CITY, as such rights existed prior to
the execution of this MOU. The sole and exclusive rights of Management, as they are
not abridged by this MOU or by law, shall include but not be limited to the following
rights:
a. To manage CITY generally and to determine issues of policy;
b. To determine the existence or non-existence of facts which are the basis
of the Management decision;
G. To determine the necessity or organization of any service or activity
conducted by CITY and to expand or diminish services;
d. To determine the nature, manner, means and technology and extent of
services to be provided to the public,
4W e. To establish methods of financing;
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f. To establish types of equipment or technology to be used;
g. To determine and/or change the facilities, methods, technology, means,
and size of the work force by which CITY operations are to be conducted;
h To determine and change the number of locations, relocations, and types
of operations, processes, and materials to be used in carrying out all CITY
functions including but not limited to, the right to contract for or subcontract any
work or operation of CITY;
i. To assign work to and schedule employees in accordance with
requirements as determined by CITY, and to establish and change work
schedules and assignments;
j. To relieve employees from duties for lack of work or similar non-
disciplinary reasons;
k. Establish and modify productivity and performance programs and
standards for CITY operations;
1. To discharge, suspend, demote or otherwise discipline employees for
proper cause;
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M. To determine job classifications and to reclassify employees;
n To hire, transfer, promote and demote employees for non-disciplinary
reasons, in accordance with this MOU and the City's Personnel Rules and
Regulations;
o. To determine policies, procedures and standards pertaining to CITY
operations and activities;
P. To establish employee performance standards, including but not limited to
quality and quantity standards, and to require compliance therewith;
q. To maintain order and efficiency in its facilities and operations;
r. To establish and promulgate and/or modify rules and regulations to
maintain order and safety in CITY which are not in contravention with this MOU;
S. To take any and all necessary action to carry out the mission of CITY in
emergencies;
t. To determine the mission of its constituent departments, boards,
commissions and committees;
U. To establish the need and use of personnel information for employees
and the means by which the information is to be provided. Employees retain their
rights to privacy as provided by law.
2.4 Impact of City Rights. Except in emergencies, or where CITY is required to make
changes in its operations because of the requirements of law, whenever the
contemplated exercise of Management's rights shall impact upon affected employees,
CITY agrees to meet and confer in goad faith with representatives of ASSOCIATION
regarding the impact of the contemplated exorcise of such rights prior to exercising such
rights, unless the matter of the exercise of such rights is provided for in this MOU. By
agreeing to meet and confer with ASSOCIATION as to the impact of the exercise of any
of the foregoing Management rights, it shall not diminish Management's discretion in the
exercise of those rights.
ARTICLE III
(NO STRIKE -NO LOCKOUT PLEDGE)
3.1 Association Prohibited Conduct. ASSOCIATION, its officers, agents,
representatives and/or members agree that during the term of this MOU they will not
cause nor condone any strike, walkout, slowdown, sickout, or any other concerted job
action by withholding or refusing to perform services. A violation of this Section by any
employee shall constitute a just cause for discipline. Taking joint action or joining other
labor organizations to engage in such activity is included in this prohibition.
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3.2 City Prohibited Conduct. CITY agrees that it shall not lockout its employees
during the term of this MOU. The term "lockout" is hereby defined so as not to include
the discharge, suspension, termination, layoff, failure to recall, or failure to return to work
of the employees of CITY in the exercise of its rights as set forth in any provisions of this
MOU or applicable ordinance or law.
3.3 Association Responsibilit)L In the event that ASSOCIATION, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Section 3.1
herein, ASSOCIA TION shall immediately instruct any persons engaging in such conduct
that their conduct is in violation of this MOU, and require that all such persons
immediately cease engaging in conduct prohibited in Section 3.1, and return to work.
If ASSOCIATION acts in good faith to meet its responsibilities as set forth above,
ASSOCIATION, its officers, agents, representatives and its members shall not be liable
for any damages for prohibited conduct engaged in by any employees who are covered
by this MOU_
3.4 City Rights. Notwithstanding Section 3.3 herein, CITY shall have the right to bring
suit for damages and/or equitable relief in the Courts for breach of this Article against
ASSOCIATION, its officers, agents, representatives or members. Further, if
ASSOCIATION fails to diligently perform all responsibilities contained in Section 3.3,
CITY may suspend any and all of the rights and privileges accorded ASSOCIATION
OW under this MOU, including, but not limited to, the suspension of recognition of such
employee association.
ARTICLE IV
(SALARIES)
4A Salary Schedule_
a. The terms and conditions of Section VI through Section VII of Resolution
No. 2223, to the extent applicable to the Sergeants Unit, are hereby
incorporated, in their entirety, into this MOU.
b. The salary matrix attached hereto and incorporated herein by reference
as Appendix "A" is CITY's salary range and step matrix that shall be effective
from July 1, 2001 through December 19, 2001. Appendix "A-1" is CITY's salary
range and step matrix that shall be effective December 20, 2001 It shall reflect a
four percent (4%) salary increase.
C. CITY recognizes that, over the course of the years, there has developed
compression between top step employees within the Police Unit and bottom step
employees in the Sergeants Unit. CITY acknowledges and agrees that, from and
after July 1, 1998, the bottom step salary range for the lowest paid employee
within the Sergeants Unit shall be not less than five percent (5%) higher than the
top step of the highest paid employee within the Police Unit.
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d. P.O.S.T. Certification Compensation. Effective July 1, 2001, any Sergeant
Unit Employee holding an Advanced P.O-S.T. Certificate shall be entitled to an
additional 1.25% compensation, per month, above the salary matrix to which
such employee is assigned. Effective December 20, 2001, the additional
compensation received per month shall be increased from 1.25% to 2.50%
above the salary matrix to which such employee is assigned.
e. Bachelor's Degree Compensation. Effective, July 1, 2001, any Sergeant
Unit Employee holding a Bachelor's Degree shall be entitled to an additional
2.5% compensation, per month, above the salary matrix to which such employee
is assigned.
t. Court Standby Pay. An employee may leave a telephone number where
he/she may be reached while on court standby. Such time is not considered
hours worked under the Fair Labor Standards Act or under other City overtime
policies and will not be compensated except as set forth in this section.
Effective September 27, 2001, the City will pay an employee who is directed to
remain on standby in reaction to activities occurring during the course and scope
of employment in the following manner.
If an employee is on standby to appear in court and is not called to appear,
he/she will be paid for two (2) hours of standby time. Ail standby pay shall be
paid at the employee's base hourly rate.
This payment is made pursuant to this agreement, not pursuant to FLSA or other
City overtime practices. Time compensated in the above manner shall not
constitute hours worked for purposes of the FLSA or other City overtime policies.
Employees do not have the option of taking compensatory time off for court
standby-
9- Compensation for Firearms Qualifications. Effective July 1, 2001,
Sergeant Unit Employees required to complete a firearm qualification during off-
duty hours shall receive two (2) hours of compensated time. Compensated time
will be at straight time when the employee's hours worked do not exceed 171
hours in the pay period. If the 171 hours have been exceeded, the two- (2) hours
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will be adjusted in accordance with the Fair Labor Standards Act, as amended.
No additional payment will be made regardless of how long or the number of
times it may take the officer to complete the qualification in each qualification
period. Every effort shall be made to qualify officers while on duty when
possible.
ARTICLE V
(BENEFITS)
5.1 a. Health Benefits. CITY shall provide fully paid health and medical
coverage for Sergeants Unit employees plus dependents.
b. Cafeteria Benefit. Sergeants Unit employees are provided with a cafeteria
benefit in the amount of $80.00 per month. This benefit may be used by any
Sergeants Unit employee for payment of CITY group insurance premiums,
deferred compensation, health club, or may be cashed in once per year on the
first pay period in December.
5.2 Dental Insurance. CITY shall provide fully paid dental coverage for Sergeants
Unit employees plus dependents.
5.3 Disability Insurance. CITY shall contribute, on behalf of each Sergeants Unit
employee, an amount equal to the premium on the short-term disability and long term
fool,, disability plans selected by CITY. Effective October 1, 2001, short term disability
insurance benefits will increase to a weekly benefit amount of 60% of weekly salary to a
maximum weekly benefit of $1,000.00 with a minimum weekly benefit of $15.00, at no
cost to the employee.
5.4 Life Insurance. CITY shall fully pay premium, on behalf of each Sergeants Unit
employee, an amount equal to the premium on the group fife insurance policy selected
by CITY.
5.5 Retirement.
a. As a member of the Public Employees' Retirement System ("CaIPERS"),
CITY will contribute the normal employers full share of CaIPERS retirement for
each Sergeants Unit employee. CITY's program shall be as follows:
July 1, 2001 through June 30, 2002: Two percent (2%) at age 55 for
highest three years and 1959 Survivor's Benefits at Level 4.
July 1, 2002 through June 30, 2003: Two percent (2%) at age 50 for
highest three years and 1959 Survivor's Benefits at Level 4.
July 1, 2003 and on: Two percent (2%) at age 50 for single highest year
and 1959 Survivor's Benefits at Level 4.
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b. CITY shall pay, on behalf of the employee, a maximum of seven
percent (7%) of the employee's share of the CaIPERS retirement
contribution for the period July 1, 2001 through June 30, 2002. Effective
.July 1, 2002, City shall pay, on behalf of the employee, a maximum of
nine percent (9%) of the employee's share of the CaIPERS retirement
contribution.
5.6 Uniform Allowance Effective October 1 , 2001, CITY shall contribute $1,350.00
per year as a uniform allowance to all Sergeant Unit employees required by CITY to
either wear a uniform or maintain a uniform on an as needed basis. Each Sergeant Unit
employee receiving this uniform allowance shall, at all times, have available a clean
regulation uniform for purposes of call out. CITY shall pay this uniform allowance on a
quarterly basis by way of a separate check from the normal payroll check.
5.7 Tuition Reimbursement.
a. All Sergeants Unit employees are eligible to receive tuition
reimbursement. Courses must have begun after appointment and be in excess of
the education standards for the position. An example of this would be job-related
college or university courses when the specification for the classification calls for
high school graduation.
b. Sergeants Unit employees shall be reimbursed for tuition, parking,
registration fees and texts required for the eligible courses. Expenses for parking,
travel, lodging, meals, processing fees, transcript fees, materials and any other
costs are not reimbursable.
C. Sergeants Unit employees shall be reimbursed up to the dollar amount
charged for the same number of units per term by California State University,
except that those enrolled in University of California courses shall be reimbursed
up to the dollar amount charged for the same number of units by the UG campus
attended
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d. Course work must be related to the employee's current occupation or to a
City classification to which the employee may be eligible for promotion within the
city employee's current job series within the next five years.
(e) Academic courses must be taken at colleges or universities and approved
by the Western Association of schools and Colleges. Courses taken to qualify
for certification programs must be taken at institutions accredited to confer those
certifications.
Course work should not be duplicate training, which the employee has already
had or which is to be provided in-house or previously taken courses unless
special approval has been granted by the department head and the Personnel
Department.
Courses may be approved which are required for the completion of the pre-
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approved job-related major. An example would be general education or elective
requirements for the major as stated in the school catalog. Remedial courses or
those taken as required for a non-approved major shall not be eligible.
Classes related to the use of purchased City-approved computer equipment
may be authorized under the tuition reimbursement program if pre-approval is
granted before commencement of a non-accredited class.
e Course work cannot be taken on CITY time and it must be certified that all
courses submitted for approval are taken on the employee's off-duty time.
f. A pre-approval form should be submitted to the Department Head and to
personnel before the course work is begun to certify eligibility.
g. In order to be reviewed, each application must state exactly which units or
credits the employee is applying for and whether the courses submitted are core
courses or recommended electives for the approved major.
h. Reimbursement shall be submitted within three (3) months of completion
of the approved course with a minimum final grade of "C" or its equivalent. A
pass in a pass-fail course will be considered equivalent to a "C". No
reimbursement shall be made for audited or incomplete courses.
i. Sergeants Unit employees must submit from the attendant institution an
original certification of major, fees paid and grade achieved in order to have their
application considered for reimbursement. These documents must accompany
the reimbursement application form in order to be processed.
5.8 Health Club Benefit. CITY agrees to pay on behalf of each Sergeants Unit
employee a $10.00 per month user fee for utilizing a Health Club facility as determined
by the City.
ARTICLE VI
(LEAVES)
6.1 Sick Leave.
a. Accrual of Sick Leave. Sergeants Unit employees shall accrue sick leave
at the rate of 8 hours per month beginning with the first day of employment.
Sergeants Unit employees hired between the first and fifteenth day of the month
shall be credited with 8 hours of sick leave for the month of hire_ Sergeants Unit
employees hired between the sixteenth and the last day of the month shall
accrue four hours of sick leave for the month. Sick leave may accrue up to a
maximum of 960 hours for each employee
b. Charge for Sick Leave. If a Sergeants Unit employee performs his/her
duties for part of a working day, he/she shall be credited with those hours worked
and charted sick leave only for those hours not worked by reason of illness of
injury.
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C. Sick Leave Buy Back. To qualify, a unit member must have 200 hours of
accumulated sickleave on the record as of January 1, of each calendar year.
Once qualified, a member may sell up to 96 hours of sick leave back to the CITY
on December 1st, of each year, with payment to be made on the first pay period
in December.
6.2 Vacations. Full time Sergeants Unit employees shall accumulate vacation leave
in accordance with Appendix "B" attached hereto and incorporated herein by this
reference.
a. Vacation Carryover. Vacation accumulation shall be limited to that
amount accrued by an employee for a twenty-four (24) month period of
employment. Any additional accumulated vacation shall be granted at the
discretion of the City Manager. After an accrual of maximum hours of vacation
time, accrual will cease. Normal accrual of vacation time will resume whenever
the total accrual drops below the maximum accrual hours.
b. Scheduling Vacation. The times which Sergeants Unit employee may
take hislher annual vacation leave shall be determined by mutual agreement of
employee and his/her department head, where possible.
C. Holidays During Vacation Leave. In the event that one or more municipal
holidays fall within an annual vacation leave, such holidays shall not be charged
as vacation leave, and the leave shall be extended accordingly.
d. Effect of Vacation Accrual with Leave of Absence. The granting of any
leave of absence without pay exceeding fifteen (15) consecutive days shall
cause the employee's annual vacation accumulation to stop during the calendar
year, for each month or major portion of a month that the employee is on leave or
absence without pay or until such time the employee returns to work.
e. Pay for Accumulated Vacation. A Sergeants Unit employee who leaves
the employment of CITY shall be granted all accumulated vacation or shall be
paid at his/her rate of compensation applicable at the time of separation. The
following method shall be used to calculate final months vacation accumulation: If
an employee terminates on a day falling on the first through the fifteenth of a
month, the employee shall receive credit for one-half the month's vacation
accrual: if an employee terminates on a day falling on the sixteenth through the
thirty-first day of a month, the employee shall receive full credit for the vacation
accrual for the month.
f. Vacation Pay Won Death. When separation of employment is caused by
the death of an employee, payment shall be made to the estate of such
employee or, in applicable cases, as provided by the probate code of the State.
g. Vacation Buy Back. Vacation buy back can be requested up to a
maximum of 80 hours-unused vacation per fiscal year. Buy back can be
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requested at any time during the fiscal year and must be approved by the City
Manager. Buy back shall be at the current rate of pay.
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6.3 Jury Duty. Any Sergeants Unit employee who is called or required to serve as a
trial juror shall be entitled to a leave of absence during the period of such service or
while necessarily being present in court as a result of such call. Under such
circumstances, the employee shall be paid the difference between his full salary and any
payment received by him/her except travel pay, for such duty.
6A Leave of Absence Without Pay.
a. General Policy. Any Sergeants Unit employee may be granted a leave of
absence without pay upon the approval of the City Council pursuant to the
recommendation of the City Manager except that in case of a leave of absence
without pay of sixty (60) consecutive calendar days or less, the approval of the
City Council shall not be required. A leave without pay may be granted for any of
the following reasons
• Illness or disability
• Pregnancy
• To take a course of study which will increase the employee's
usefulness on return to his/her position in CITY service.
• For personal reasons acceptable to the City Council and/or City
Manager.
• In all cases involving requests applicable to Federal and State Family
Medical/Acts, leave shall be granted in accordance with such
provisions. Except as changed herein pursuant to provisions of such
acts allowing modification.
b. Leave Without Pay. A Sergeants Unit employee shall utilize all of his/her
vacation and/or compensatory time off prior to taking an authorized leave of
absence without pay.
A prorate reduction of normal annual vacation and sick leave accruals shall be
applicable to approved absence without pay. Whenever the absence is less than
one month, the prorated reduction shall be rounded to the nearest hour. An
absence of fifteen days or more without pay constitutes a break of continuous
service with CITY. An employee on leave or absence does not have any of the
privileges granted regular full-time employees.
6.5 Bereavement Leave. Whenever any Sergeants Unit employee is compelled to be
absent from duty by reason of death or critical illness (where death appears imminent) of
members of the employee's immediate family (father, mother, legal guardian, brother,
sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather or
grandchildren), such person shall be entitled to a leave of absence with pay for up to
three (3) working days. The employee shall furnish satisfactory evidence of such death
or critical illness to his/her department head or City Manager. Sick leave shall be allowed
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in any case where in the preceding six (6) calendar months a leave on the grounds of
the critical illness of that same relative has been granted. Such Bereavement Leave may
be increased up to a total of five (5) days in the event of the death of a member of the
immediate family, when such services for the deceased person is located more than 500
vehicular miles from the City of San Jacinto and the unit member actually travels to
attend such services. Should leave be requested for death of a non-married partner, the
City Manager may request a certification from the unit member as proof of said
relationship.
6.6 Temporary Disability Leave.
a. Upon submission of an appropriate certificate from a licensed physician,
any Sergeants Unit employee may be granted temporary disability leave. The
employee utilizing temporary disability leave may utilize all sick leave accredited
to him/her and upon the expiration of sick leave may utilize any accredited
annual vacation leave. When both sick leave and annual vacation leave credits
are exhausted, the remainder of the absence required will be on the basis of
leave without pay. If leave without pay is utilized, no accruals of leave or benefits
will be credited to the employee. The leave without pay will constitute a break in
continuous service with CITY.
b. Pregnancy Leave. Whenever the Temporary Disability Leave is due to a
pregnancy of a female employee, the employee shall produce a certificate of a
licensed physician which shall advise CITY as to the health and welfare of the
employee in relationship to the physical and emotional demands of the position
and duties which she is performing for CITY and shall state that the employee
should not continue her work assignments until released by the physician. This
release certification shall insure that the employee is physically and mentally
capable of returning to normal work assignments of the position which she
departed. Temporary disability leave because of pregnancy shall not extend
beyond a maximum period of six (6) months unless the licensed physician
requests an additional period of absence, which may or may not be granted by
the City Manager. It shall be the obligation of the employee to notify the
Department Head/City Manager as early as possible of any knowledge relating to
her pregnancy. Notwithstanding the above, in no event shall any certification
requirement exceed the applicable provisions of State or Federal Family Leave
Acts.
6.7 Military Leave. Military leave shall be granted in accordance with the applicable
provisions of State Law.
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ARTICLE VII
(HOLIDAYS)
7.1 Holidays. Sergeants Unit employees shall be granted the following holidays:
1. New Year's Day (January 1st)
2. President's Day (3rd Monday in February)
3. Memorial Day (last Monday in May)
4. Independence Day (July 4th)
5. Labor Day (1st Monday in September)
B. Columbus Day (2nd Monday in October)
7_ Veteran's Day (November 11th)
8. Thanksgiving Day (4th Thursday in November)
9. Thanksgiving Friday (day following Thanksgiving)
10. Christmas Day (December 25th)
11. Two floating holidays each fiscal year
Holidays shall accrue at 8 hours per day. Earned Holiday pay shall be payable on
the first pay period in December.
a. Any holiday falling on Saturday shall be observed on the proceeding
Friday.
cow b. Any holiday falling on Sunday shall be observed on the following Monday.
c. If a holiday occurs on a day, which is the employee's regular day off,
he/she shall be entitled to holiday pay in the amount of eight (8) hours at straight
time.
d_ If an employee works on a holiday, he/she shall be entitled to holiday pay
in the amount of eight (8) hours at straight time in addition to the amount paid for
any time actually worked.
e. At the discretion of the department head, an employee may be given a
day off in lieu of pay.
f. Each department will adopt rules pertaining to the required number of
day's notice for use of floating holiday work day/shift.
g. Any holiday falling on Saturday shall be observed on the proceeding
Friday. If the proceeding Friday is a scheduled day off, then the holiday will still
be observed on Friday but affected employees (those who are scheduled to be
off from work) will not receive any additional compensation for the holiday.
ARTICLE VIII
(WORKING HOURS & OVERTIME)
8.1 Sergeants Unit employees shall be assigned to work what is commonly
described as 3/12 flexible work schedule. The development of such work schedule shall
12
be determined by CITY, and shall be a seniority-based scheduling program. CITY
agrees to meet and confer with ASSOCIATION, in good faith, to develop a seniority-
based 3112 flexible work schedule.
8.2 All Sergeants Unit employees shall be regularly scheduled to work fourteen (14)
days in each twenty-eight (28) day work period and subject to the needs of the
department shall regularly be provided fourteen (14) scheduled days off during each
twenty-eight (28) day work period subject to the needs of the department day work
period.
Pursuant to the Fair Labor Standards Act, Sergeants Unit employees are entitled
to overtime at one and one-half (1 '/2) times their regular rate of pay for all hours worked
in excess of one hundred seventy-one (171) in the stated twenty-eight (28) day work
period.
Hours worked will consist of vacation, holiday and comp time for purposes of
calculating overtime. This unit shall be paid overtime, for those hours worked in excess
of 80 hours per 14-day work cycle.
8.3 Time Not Considered As Time Worked. The following activities shall not be
considered time worked, except as provided for in this Memorandum of Understanding:
a. Meal breaks- except as authorized by this MOU.
b. Leave of absence, bereavement leave, jury duty, family sick leave or sick
leave.
c. All travel time to work and returning home in either personal or city vehicle_
d. All time in off-duty training assignments (home work, study time, meal time,
sleep time, etc.)
e. All off-duty travel to training sites and returning home.
f. All time putting on and taking off uniforms.
g. All time for personal preparation and clean up.
h. All off-duty time spent in vehicle, equipment, and/or animal maintenance.
i. All time worked for which unit employees have already been paid at one and
one-half (1 %) times their regular rate of pay within their 171 hours, twenty- eight
(28) day work period for Sworn personnel and within forty (40) hours, seven (7)
day work period for Non-Sworn personnel.
j. All time spent on court standby time.
k. All sleep time and mealtime as defined with special detail in excess of twenty-
four(24) hours.
I. All time assigned on standby assignment and/or assigned recall devices.
m. Any time not authorized as work time.
13
8.4 Compensatory Time Off_ CITY shall afford Sergeants Unit employees with the
IEW option of receiving earned overtime in cash payments distributed following each
appropriate fourteen (14) day work period or, at the employee's discretion, the option of
designating each overtime hour worked, multiplied by a factor of 1.5, to be credited to a
compensatory time off account, in a maximum amount of one-hundred (100) hours as
determined after multiplication of hours by the 1.5 factor.
Additionally, the compensatory time off account shall not be convertible to cash
except at the time of the employee's separation from employment with CITY. Absent any
said separation, the accruals shall be distributed only as time off. The compensatory
time off account described herein may be carried over from year to year (with no greater
than one-hundred (100) hours accumulated in the account) at the employee's option.
8.5 Training Schedules and Training Travel Time_ To the extent reasonably
possible, training shall be scheduled in advance and the officer's schedule adjusted
accordingly to permit them to attend classes. Accordingly, officers assigned to a training
day of eight hours or more shall not be required to work after midnight the night before,
except under emergency circumstances. If travel plus training time is less than the
officer's regular shift by one hour or greater, the hours remaining in the shift may be
taken, at the employee's option, as compensatory time, or worked in accordance with
the needs of the department. Time worked must be during the same pay period.
Otherwise, travel time to and from training shall be compensable as provided by the
FLSA.
ARTICLE IX
(PERSONNEL RULES)
9.1 The parties have met and conferred in good faith and agree that CITY's
personnel rules, approved on August 20, 1996, as the same may be amended from time
to time, shall be fully incorporated in and made apart of this MOU by this reference.
ARTICLE X
(DRUG AND ALCOHOL FREE WORKPLACE POLICY)
10.1 The parties have met and conferred in good faith regarding the adoption of a
drug and alcohol free workplace policy and the same is attached hereto as Appendix "C"
and deemed implemented upon adoption of this MOU.
ARTICLE XI
(HARASSMENT IN THE WORKPLACE POLICY)
11-0 The parties have met and conferred in good faith regarding the adoption of harassment in
the workplace policy and the same is attached as Appendix"D" and shall be deemed
implemented upon adoption of this MOU.
14
ARTICLE XII
(WAIVER OF BARGAINING)
12.1 Full Understanding. This MOU sets forth the full and entire understanding of the
parties regarding the matters contained herein, and any other prior or existing
understandings or agreements by the parties, whether formal or informal, regarding any
such matters are hereby superseded or terminated in their entirety. All provisions of
existing CITY rules and regulations, resolutions, ordinances and policies not specifically
contained in, or referred to by this MOU, shall remain in full force and effect, and are
specifically not superseded by this MOU.
12.2 Waiver of Bargaining Agreed To. Except as specifically provided for herein, the
parties to this MOU, voluntarily and unqualifiedly waive their respective rights to meet
and confer in good faith during the term of this MOU, with respect to any subject or
matter covered herein, or with respect to any other matters within the scope of the meet
and confer in good faith process. However, this Article shall not be deemed to preclude
mutually agreed upon meet and confer in good faith sessions for the purpose of altering,
waiving, modifying or amending this MOU.
12.3 Reopener. The parties to this MOU acknowledge that, during its term, CITY
+� intends to formulate a proposal to establish an incentive-based wellness program for all
Sergeants Unit members_ ASSOCIATION agrees that it will meet and confer, in good
faith. with CITY to facilitate the development and implementation of a mutually agreeable
incentive-based wellness program.
ARTICLE XIII
(EMERGENCY WAIVER)
13.1 Waiver Granted. In the event of circumstances beyond the control of CITY, such
as acts of God, fire, flood, earthquake, insurrection, civil disorder, national emergency, or
similar circumstances, provisions of this MOU or the Personnel Rules and Regulations of
CITY, which restrict CITY'S ability to respond to these emergencies, shall be suspended
for the duration of such emergency. After the emergency is declared over, this MOU will
be reinstated immediately. ASSOCIATION shall have the right to meet and confer with
CITY regarding the impact on employees of the suspension of provisions in the MOU
during the course of the emergency. Any rights and benefits suspended by virtue of the
emergency shall be restored as soon as practicable at the conclusion of the emergency.
ARTICLE XIV
(SEVERABILITY CLAUSE)
14.1 Severability Declared Should any provisions of this MOU be found to be
inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this
MOU shall remain in full force and effect for the duration of this MOU. The parties shall
meet and confer over a new provision to replace any such provision stricken by law.
15
ARTICLE XV
CW (RATIFICATION AND EXECUTION)
15.1 CITY's representatives and ASSOCIATION have reached an understanding as to
certain recommendations to be made to the City Council for the City of San Jacinto and
have agreed that the parties hereto will jointly urge said Council to adopt a new wage
and benefit resolution which will provide for the changes contained in said joint
recommendation CITY and ASSOCIATION acknowledge that this MOU shall not be in
full force and effect until adoption by the City Council of this City.
SAN JACINTO POLICE CITY OF SAN JACINTO
SERGEANTS ASSOCIATION
Name: Kfi7r-1 It. P(N0-EK Patrick A. Wiliams, M or
Dated: H 1 a d2 Dated:
R
Name: !� r� John F. Wa er, Jr., ity Zager
Dated: `--f- Dated:
L
16
LIST OF EXHIBITS, ETC.
SAN Jacinto POLICE SERGEANTS ASSOCIATION
APPENDIX "A"— SALARY SCHEDULE & MONTHLY/HRLY RATES
APPENDIX "A-1" — SALARY SCHEDULE & MONTHLYIHRLY RATES
APPENDIX "B" - MATRIX OF BENEFITS
EXHIBIT "C"— DRUG/ALCOHOL FREE WORKPLACE POLICY
EXHIBIT "D" — HARASSMENT IN EMPLOYMENT POLICY
APPENDIM
SAN JACINTO POLICE OFFICERS AND SERGEANTS ASSOCIATION
NIOATHLY SALARY SCHEDULE
EFFECTIVE JULY 1,2001
RANGE STEP 1 f STEP 2 5'PEP 3 STEP 4 STEP 5
_ _ -- I - - --- -
Cw
25 1,958 f 2,056 2,159 2,267 2 380
26 2,007 211D8 2,213 2,324 2,440
-27 2,058 2,1b0 2,268 2,382 2,501
28 2109 2,214 2,325 2,441 21563
29 21162 2,270 - 2,383 2,502 2,628
30 --- 2,216 2,327 2,443 2,565 2,693
---31 - 21271 2,385 _2,5041 2,629 2,761
- 32 - 2,328 _ 2,444 - 2,5671 2,695 2,830
33 2,386 2,505 �2,631 2,762 2,900
34 2,446 -- _2,568} 2,696 2,831 2,973
35 �Y 2,SU7' 2,,6321 2,764 2,902 3,047
36 2,570 2,6981 2,833 2,975 3,123
37 _ 2,634 -- 2,765 -- 2,904 3,049 3,201
38 2,700 2,835 2,976 3,125 3,281
39 2,767 2,906 3,051 3,203 3,363
40 - - 2,836 _ 2,978 3,127 3,283 3,448
41 2,907 3,053 F 3,205 3,365 3,534
42 2,980 3,129 _ 3,285 3,450 3,622
43 �3,654 3,207 3,367 3,536 3,713
44 3,131 3,28_7 3,452 3,624 3,805
45 3,209 3,369 3,538 3,715 3,901
46 3,289 3,454 3,626 3,808 3,998
47 3,371 3,540 3,717 3,903 4,098
48 -- 3,456 3,629 - - 3,810 4,001 4,201
49 3,542 3,719 3,905 4,101 4,306
50 3,631 3,812 4,DD3 4,203 4,413
51 3,722 _ 3,909 4,103 4,308 4,524
g2 3,81.5 4,005 4,206 4,416 4,637
53 3,910 4,105 4,31 1 4,526 4,753
54 4,008 4,208 4,418 4,639 4,871
5g d,108 _ 4,313 _4,529 4,755 4,993
56 4,211 4,421 4,642 4,874 5,118
57 4,316 4,532 4,758 4,996 5,246
58 4,424 4,645 4,877 5,121 _5,377
59 4,534 4,761 4,999 5,249 5,511
60 4,648 4,880 5,124 5,380 5,649
61 4,764 5,002i 5,252 5,515 5,790
62 __4,883 5,127 5,383 5,653 5,935
63 5,005 5,255 5,518 5,794 _ 6,084
64 5,130 _ 5,387 __5,656 5,939 6,236
65 5,258 5,521 5,797, 6,087 6,392
66 _ 5,390 5,659 5,942 6,239 6,551
67 5,525 5,801 6,091 6,395 6,71S
68 5,663 5,946 6,243 6,555 _ 6,883
69 5,804 6,094 6,399 b,7[9 7,055
72 5949
6 6 563 - - --
71 i 6;098 '403 6,723 7,059 7,
6,559 6,887 7,232
412
6,891 7, 7, 8
73 6,407 6,727 7,064 7,417 417 7,78788
74 - _ 6,567 5,895 7,240 - 7,602 _ 7,982
75 6,731 7,068 7,421 7,792 8,132
SCHEDULE OF MONTHLYIHOURLY RATE
POLICE SERGEANT HOLDING ADVANCED P.O,S.T. CERTIFICATE
ADDITION OF 1.25% BASED ON APPENDIX A
EFFECTIVE JULY 1,2001
MONTHLY RATE
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
56 4,263.17 4,476.33 4,700.15 4,935.16 5,181.92
w .-
MONTHLY RATE
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
56 4.263 4,476 4,700 4,935 5,182
HOURLY RATE
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
56 24.5942 25.8231 27.1154 28.4712 29.8962
SAN JACINTO POLICE OFFICERS AND SERGEANTS ASSOCIATION APPENDIX A-I
MONTHLY SALARY SCHEDULE
EFFECTIVE DECEMBER 20,2001
RANGE. STEP STEP STEP STEP STEP5
25 2037 2,139 2,245 2,358 2,476
26 2088 2,192 2,302 2,417 2,538
27 2140 2,247 2,359 2,477 2,601
28 2193 2,303 2,418 2,539 2,666
29 2248 2,361 2,479 2,603 2,733
30 2304 2,420 2,541 2,668 2,801
31 2362 2,480 2,604 2,734 2,871
32 2421 2,542 2,669 2,803 2,943
33 2482 2,606 2,736 2,873 3,016
34 2544 2,671 2,804 2,945 3,092
35 2607 2,738 2,874 3,018 3,169
36 2672 2,806 2,946 3,094 3,248
37 2739 2,876 3,020 3,171 3,329
38 2808 2,948 3,095 3,250 3,413
39 2878 3,022 3,173 3,331 3,498
40 2950 3,097 3,252 3,415 3,585
41 3024 3,175 3,333 3,500 3,675
42 3099 3,254 3,417 3,588 3,767
43 3177 3,335 3,502 3,677 3,861
44 3256 3,419 3,590 3,769 3,958
45 3337 3,504 3,679 3,863 4,057
46 3421 3,592 3,771 3,960 41158
47 3506 3,682 3,866 4,059 4,262
48 3594 3,774 3,962 4,161 4,369
49 3684 3,868 4,061 4,265 4,479
50 3776 3,965 4,163 4,371 4 590
51 3870 4,064 4,267 4,480 4,704
52 3967 4,165 4,374 4,592 4,822
53 4066 4,270 4,483 4,707 4,943
54 4168 4,376 4,595 4,825 5,066
55 4272 4,486 4,710 4,946 5,193
56 4379 4,598 4,828 5,069 5,323
57 4488 4,713 4,949 5,196 5,456
58 4601 4,831 5,072 5,326 5,51)2
59 4716 4,951 5,199 5,459 5,732
60 4834 5,075 5,329 5,595 5,875
61 4954 5,202 5,462 5,735 6,022
62 5078 5,332 5,599 5,879 6,173
63 5205 5,465 5,739 6,026 6,327
64 5335 5,602 5,882 6,176 6,485
65 5469 5,742 6,029 6,331 6,647
66 5605 5,886 61180 6,489 6,813
67 5746 6,033 6,335 6,651 6,984
68 5889 6,184 6,493 6,818 7158
69 6036 6,338 6,655 6,988 7,337
70 6187 6,497 6,822 7,163 7,521
71 6342 6,659 6,992 7,342 7,709
72 6501 6,826 7,167 7,525 7,902
73 6663 6,996 7,346 7,713 8,099
74 6830 7,171 7,530 _ 7,906 8,302
75 7000 7,350 7,718 8,104 8,509
SCHEDULE OF MONTHLYIHOURLY RATE
POLICE SERGEANT HOLDING ADVANCED P.O.S.T. CERTIFICATE
OR BACHELOR'S DEGREE
ADDITION OF 2.5% BASED ON APPENDIX A-1
far EFFECTIVE DECEMBER 29, 2001
MONTHLY RATE
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
56 4,488 4,713 4,949 5,196 5,456
HOURLY RATE
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
56 25.8923 27.1904 28.5519 29.9769 31.4769
SCHEDULE OF MONTHLYIHOURLY RATE
POLICE SERGEANT HOLDING ADVANCED P.O.S.T.CERTIFICATE
AND BACHELOR'S DEGREE
ADDITION OF 5% BASED ON APPENDIX A-1
EFFECTIVE DECEMBER 20, 2001
MONTHLY RATE
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
56 4,598 4,829 5,069 5,322 5,589
HOURLY RATE
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
56 26.5269 27.8596 29.2442 30.7038 32-2442
f ..:f?;:+-x'n=-.i.i�ki �St.S *a. ..,'�i Y.13 3^.4 ; t+Fnl.. -if:: r'.( 'a.�4. Y '..t.i•':- . ;1. .:��.y' '�a t' . 'c-.e?
SAN JACINTO POLICE SERGEANTS ASSOCIATION APPENDIX "B"
MATRIX OF BENEFITS
BENEFIT DESCRIPTION CITY PROVIDES
Insurance and Disability Medical Insurance Full Coverage - Employee and Dependents
Dental Insurance Full Covers e - Employee and Dependents
Long and Short Term Disability Full Coverage
Life Insurance 1 X Annual Salary
Vehicle Usage Pool Car or Mileage at IRS Allowed Rate
Sick Leave Accrual See Section 6.1 a 12 Days/Year
Sick Leave Buy Back See Section 6.1 c May sell up to 96 hours per year after
accumulation of 200 hours
Holidays New Year's Day January 1st
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day and the Day After 4th Thursday and Friday in November
Christmas Day December 25th
2 Floating Holidays
Vacation Buy Back See Section 6.2 g May sell up to 80 hours per fiscal year
Cafeteria Benefit See Section 5.1 b $80.00 Per Month
Uniform Allowance $1.350 Annual Uniform Allowance
Paid quarterl on separate check.
Annual Vacation See Section 6.2 g 1 - 9 Years = 144 Hours
10 - 11 Years = 160 Hours
12 + Years = 168 Hours
APPENDIX °C"
CITY OF SAN JACINTO
DRUG AND ALCOHOL FREE WORKPLACE POLICY
Because drug and alcohol use can detrimentally affect job performance and employee
safety, the City is committed to achieving and maintaining a drug and alcohol free
workplace. While the City has no intention of intruding into the private lives of it's
employees, it will be firm in identifying and disciplining those employees whose impaired
mental or physical condition, as a result of drug or alcohol use, may endanger the health
or safety of fellow employees and the public at large, or interfere with the operations of
the City.
While on paid duty time, the employee shall not drink alcoholic beverages or use illegal
drugs or controlled substances. The employee shall not work or be at work while under
the influence of any of the above-mentioned, or in the case of controlled substances
without authorization from a medical doctor and one's supervisor.
The unlawful manufacture, distribution, dispensing, possessions, or use of any illegal
drug or "controlled substance" is prohibited on the job, in the City's workplace, or while
subject to duty (Le. stand-by).
This policy shall not prohibit the consumption of alcoholic beverages by City employees
at City sponsored events where alcohol is served
For the purpose of the Policy, the following shall be defined as follows:
1. "Controlled Substance" denotes any substance which could potentially impair
the employee's ability to effectively and safely perform the functions of his or her
duties, including, but not limited to: alcohol, coca leaves, cocaine, marijuana,
opium and opiates, amphetamines, met amphetamines, lysergic acid (t-.S.D.),
etc. As outlined below, certain prescription drugs and medications shall also be
classified as controlled substances.
2. "Conviction" is a finding of guilt (including a plea of no contest,) an imposition
of sentence, or both, by any judicial body charged with the responsibility to
determine violations of the Federal or State criminal drug statutes.
3. "Criminal drug statute" is a criminal statute involving the manufacture,
distribution, dispensation, use, or possession of any illegal drug or controlled
substance.
The use of prescription drugs, which would not alter an employee's work performance, is
acceptable, if prescribed by a qualified physician. Employees must notify their supervisor
before beginning work when taking drugs (prescription or non-prescription) which may
interfere with the safe and effective performance of their duties. In the event there is a
question regarding an employee's ability to perform assigned duties safely and
effectively while using such drugs, clearance from a qualified physician may be required
before the employee is allowed to resume his or her regular duties.
1
Drug and Alcohol Free Workplace Policy (Continued)
Toward reaching this goal of a drug and alcohol free workplace, the City may conduct
pre-employment drug or alcohol testing of applicants for City positions. Pre-employment
drug or alcohol test shall apply only to non-City employees; City employees who apply
for another City position shall not be subject to pre-employee drug or alcohol tests. The
City shall not hire any applicant, who tests positive.
The City also reserves the right to require that an existing employee undergo testing if
the City determines that reasonable suspicion exists to believe that the employee is
under the influence of any illegal drug or controlled substance, as identified in this Policy.
Employees who (1) refuse to submit to a drug or alcohol test immediately when
requested by authorized City or law enforcement personnel; (2) refuse to submit to a
search of personal properties if requested by law enforcement personnel; or (3) are
"convicted" of a "criminal drug statute" violation, shall be subject to the disciplinary
procedures which are outlined in this Policy.
All City lockers, desks, cabinets, vehicles, computer files, and disks are the property of
the City and are subject to search without the employee's consent by City management
at any time upon notifying the employee of the City's intent. In the event that the
employee cannot be contacted after reasonable attempts, the City will conduct a search
without such notification. Refusal to cooperate with a search may result in a disciplinary
action, up to and including termination. Unless the Personnel Officer directs supervisors
otherwise, employees will be given the opportunity to be present when the search is
conducted.
In appropriate cases, such as a first offense, the City should make every effort to place
an employee with an available employee assistance program or service for the purpose
of rehabilitation, in-lieu of disciplinary action or criminal prosecution. If, in such cases the
employee refuses to attend an employee assistance program or service, he or she will
be subject to the disciplinary procedures, which are outlined in this Policy.
2
CITY OF SAN JACINTO
CW DRUG AND ALCOHOL FREE WORKPLACE POLICY IMPLEMENTATION
1_ Purpose: As outlined in the City's "Drug and Alcohol Free Workplace Policy," the
City of San Jacinto is committed to maintaining a drug and alcohol free workplace.
Toward that end, this Administrative Policy provides guidelines for the detection and
deterrence of alcohol and drug use, while attempting to ensure that everyone is treated
fairly and with confidentiality. The responsibilities of City management and other
employees are also outlined.
2. Detection and Deterrence of Drug and Alcohol Use: Managers and supervisors
may request that an employee submit to a drug and alcohol test when "reasonable
suspicion" exists to believe that an employee is intoxicated or under the influence or
drugs or alcohol while on the job or subject to duty (i.e. on paid stand-by time). For the
purposes of this Policy "reasonable suspicion" is a belief based upon objective facts,
which is sufficient to lead a reasonably prudent person to suspect that an employee is
under the influence of drugs or alcohol.
While it is recognized that certain medical problems may cause similar symptoms, any
combination of two of more of the following (A-H) may constitute "reasonable suspicion
a. Physical or verbal altercation.
b. Wide and severe mood swings.
c. An accident involving City property, where it appears that the employee's conduct
may be at fault.
( d. Unsteady walking and movement.
q� e. Blank, glassy-eyed speech.
f. Slurred or thick speech.
g. Inability to perform work properly.
h. Behavior which is unusual for the employee.
In addition, any of the following (I-K), alone or in conjunction with each other or those
symptoms listed above, may constitute probable cause,
i. Possession of drugs or alcohol in the workplace or on City property.
j. Alcohol or other suspicious odor (i.e. marijuana) on breath.
k. Direct observation of use or possession.
Reasonable suspicion shall, whenever possible, be evaluated based on personal
observation by a manager or supervisor who is familiar with the employee's normal
behavior, and this person may request that the employee submit immediately to a drug
or alcohol test. If no one is available who is familiar with the employee's normal behavior,
then at least one other manager or supervisor shall be consulted before a drug or
alcohol test is requested. Information, which is obtained from a reliable person with
personal knowledge of the employee, may also be utilized in appropriate circumstances.
In the event that an employee suspects that his or her manager or supervisor is under
the influence of drugs or alcohol, the employee may submit a written or oral complaint
which contains detailed evidence regarding the allegation of substance abuse to his or
her Department Head or the Personnel Officer. Such complaints, if made in good faith,
may be made without fear or reprisal. If the written or oral complaint establishes
1
Drug and Alcohol Free Workplace Policy lrnE mentation (Continued)
reasonable suspicion, the manager or supervisor may be required to submit to a drug or
alcohol test.
Any reports or complaints, which are filed as a result of this Policy and are determined to
be malicious, vexatious, or not in good faith, shall not be tolerated. In such cases, the
complaining individual shall be subject to disciplinary action. This applies to all
managers, supervisors, and other employees who file a report or complaint which relates
to drug or alcohol use.
3. Employee Responsibilities: An employee shall:
a. Not report to work or be subject to duty (i.e. paid stand-by time) while the
employee's ability to perform his or her duties is impaired due to drug or
alcohol use.
b. Submit immediately to an alcohol or drug test when requested by an
authorized City representative, who has reasonable suspicion to suspect drug
or alcohol abuse or impairment therefrom.
c. Before beginning work notify his or her supervisor when taking any drug or
medication (non-prescription or prescription), which may Interfere with the
safe effective performance of duties or operation of City equipment.
d. Have the opportunity, within forty-eight (48) hours of request by an authorized
City representative, to provide verification of a current prescription for any
potentially impairing drug or medication which Is identified in a drug test, as
outlined in this Policy. The prescription must be in the employee's name.
LW 4. Management Responsibilities: Managers and Supervisors shall:
a. Be responsible for enforcing this policy in a fair and consistent manner.
b. Encourage employees to utilize an available employee assistance
program or service when the employee's job performance is deteriorating
or unsatisfactory, the employee does not respond to a supervisory
remedy, or when a specific on-the-job incident is cause for concern. As
the supervisor's role is to monitor job performance, the supervisor should
not attempt to diagnose an employee's problem.
C. Document, in writing, the facts constituting reasonable suspicion, within
forty-eight (48) hours of requesting an employee to submit to a drug or
alcohol test. Any employee who refuses to submit to a drug or alcohol
analysis upon request shall be advised of the requirements of this policy
and the consequences of refusal. Where there is reasonable suspicion to
believe that the employee is then under the influence of alcohol or drugs,
the manager or supervisor shall require the representative or law
enforcement representative to arrange to transport the employee to a
testing facility, or home in the event of the employee's refusal to submit to
a drug or alcohol test. Any time spent remaining on the premises at the
request of a supervisor or manager or time spent for City-required drug or
alcohol testing shall be considered work time and shall be paid for by the
City.
d. Not confiscate prescription drugs or medications from an employee who
has a valid prescription for such. The prescription must be in the
employee's name.
2
Drug and Alcohol Free Worlcpiace Policy Implementation (Continued)
e. Deal with suspected offenders as discreetly, inconspicuously,
respectfully, and confidentially as possible.
f. Notify their Department Head or designee when they have reasonable
suspicion to believe that an employee may have illegal drugs in his or her
possession or in an area not jointly or fully controlled by the City. If the
Department Head or designee concurs that there is reasonable suspicion
that an employee is in possession or illegal drugs, the manager or
supervisor shall not physically search employees or their personal
possession, but should request that they remain on the premises until the
appropriate law enforcement agency has arrived-.
g. May search areas, which are jointly or fully controlled by the City. In the
event such an area is occupied by a Peace Officer all searches shall be
consistent with Government code Section 3309 (Police Officer Bill of
Rights).
h. Management shall not use authority under these rules to unlawfully
harass, intimidate, or discriminate against employees.
5. Drq and Alcohol Testinq: The drug and alcohol test may be used to test for any
substance which could impair an applicants' or employee's ability to effectively and
safely perform the functions of his or her job.
A more sensitive, confirmatory test will be conducted if the first test is positive.
The laboratory conducting the tests will not release any information to the City until this
confirmatory test is completed.
Drug or alcohol tests shall be conducted in the following manner:
a. Pre-Employment Drug or Alcohol Tests: As outlined below, a positive
result from a drug or alcohol test shall result in an applicant not being hired. This
pre-employment drug or alcohol testing shall apply only to non-City employees-,
City employees who apply for another City position shall not be subject to pre-
employment drug or alcohol tests.
If the confirmatory pre-employment drug or alcohol test is positive, the
applicant shall have the opportunity, within twenty-four (24) hours of the request,
to provide verification of a current prescription of the drug identified in the test. If
the applicant does not provide acceptable verification, if the prescription is not in
the applicant's name, or if the drug is one which is likely to impair the applicant's
ability to perform the required job duties, the City will consult with the City's
Physician to determine the degree of potential impairment, and the applicant's
suitability for employment.
b. Employee Drug or Alcohol Tests: If an employee is requested to submit to
a drug or alcohol test, and the results are positive, the employee shall have the
opportunity, within forty-eight (48) hours of request, to provide verification of a
current prescription for the drug identified in the test. If the employee does not
provide acceptable verification, if the prescription is not in the employee's name,
this drug or if the employee has not previously notified his or her supervisor of
the use of this drug, the employee may face mandatory referral to an employee
assistance program or service and disciplinary action. If, in such cases, the
employee refuses to attend an employee assistance program or service, he or
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Drug and Alcohol Free Workplace Policy Implementation (Continued)
she will be subject to the disciplinary procedures that are outlined in the
Personnel Rules.
6, Employee Confidentiality: Employees will be notified of the purpose for collecting
urine prior to its collection for a drug test under this Policy.
Laboratory reports or test results shall not appear in an employee's general
personnel folder. Information of this nature will be contained in a separate confidential
medical folder that will be securely kept under the control of the Personnel Officer. The
reports or test results may be disclosed to management or supervisors on a strictly
need-to-know basis and to the tested employee upon request. Disclosures, without
patient consent, may also occur when: (1) the information is compelled by law or by
judicial or administrative process, (2) the information has been placed at issue in a
formal dispute between the employer and employee; (3) the information is to be used in
administering an employee benefit plan; (4) the information is needed by medical
personnel for the diagnosis or treatment of the patient who is unable to authorize
disclosure.
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CITY OF SAN JACINTO
DRUG-FREE WORKPLACE STATEMENT
1. PURPOSE
The Drug-Free Workplace Act of 1988, passed by Congress on October 21,
1988, requires all grant recipients to implement a comprehensive substance
abuse policy. Under the Workplace Act, to be eligible to obtain a federal grant, an
employer must certify to the granting agency that it will provide a drug-free
workplace.
It is the intent of the City of San Jacinto to maintain a safe, healthful and
productive work environment for all employees. To accomplish this, the City will
act to eliminate any drug abuse that increases the potential for accidents,
absenteeism, low standard performance, poor employee morale or damage to
the Clty's reputation. Everyone covered by this statement should be aware that
violations of this policy may result in discipline, up to and including termination, a
requirement that the employee participate in a drug assistance or rehabilitation
program, or in not being hired.
Because it is widely recognized that drugs hinder one's ability to perform work
safely, productively and effectively, the City of San Jacinto hereby adopts the
following statement.
2. STATEMENT
The City of San Jacinto prohibits the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance in the workplace.
3. ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATION OF
THE PROHIBITIONS IN PARAGRAPH 2 ABOVE
Within 30 days of conviction, the City shall discipline an employee, up to and
including discharge, for the unlawful manufacture, distribution, dispensation,
possessions, or use of a controlled substance in the workplace.
4. NOTIFICATIONS OF FUNDING AGENCY IN WRITING, WITHIN TEN
CALENDAR DAYS AFTER RECEIVING NOTICE OF CONVICTION BY
EMPLOYEE
the City will provide notice, including the position title, to every grant officer or
other designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected grant.
5. CONDITION OF EMPLOYMENT
As a condition of employment under this grant, all employees will:
a. Abide by the term of this statement; and
b. Notify the City of San Jacinto of any criminal statute conviction for a violation
occurring in the workplace no later than five (5) days after the conviction.
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APPENDIX "D"
HARASSMENT IN EMPLOYMENT POLICY
Purpose
To define and issue to all employees the City's policy on the prohibition of harassment in
employment.
Policy
Harassment of an applicant or employee by a supervisor, management employee or co-
worker on the basis of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex, sexual orientation or age will not be
tolerated .
Harassment, as defined in this section, violates Title VII of the Civil Rights Act of 1964,
the Califomia Government Code, and regulatory guidelines of the Equal Employment
Opportunity Commissions, and the California Fair Employment and Housing
Commission
Violation of this policy shall generally constitute just and reasonable cause of discipline,
up to and including termination.
Definition
Harassment includes, but is not limited to:
a) Verbal Harassment - for example, epithets, derogatory comments or slurs made
in violation of the policy statement above.
b) Physical Harassment - for example, assault, impeding or blocking movement, or
any physical interference with normal work or movement when directed at an
individual in violation of the policy statement above.
c) Visual Forms of Harassment-for example, derogatory posters, notices: bulletins,
cartoons, or drawings distributed posted or otherwise provided in violation of the
policy statement above.
d) Sexual Favors - unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature which is conditioned upon an
employment benefit, unreasonably interferes with an individual's work
performance or creates an offensive work environment,
Pre-Grievance Process
An employee who has been harassed on the job should inform the employer, its agents
or supervisors of the grievance. To accommodate the unique nature of harassment
complaints, a pre-grievance process is provided for the primary purpose of resolution of
a complaint at the earliest possible date.
Elements of this process are:
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Harassment in Employment Policy (Continued)
a) Com laint Advisor — The City's Personnel Officer will be available to
receive harassment complaints. Functions of this advisor will include but
not be limited to:
I. Advise the employee and outline the options available.
ll. Obtain a factual, written statement of the complaint for the
affected department head.
ill. Assist in follow-up investigation, interview accused, witnesses and
supervisors as appropriate, and recommend disposition of the
complaint and the outcome of the matter.
b) Department Head — Authorizes investigation of the complaint, review
factual information collected to determine whether the alleged conduct
constitutes harassment, giving consideration to the record as a whole and
the totality of circumstances, including the nature of the verbal, physical,
visual or sexual favor aspect of the advance and the context in which the
alleged incident occurred. Takes and/or authorizes appropriate action.
c) Harassment in the Chain of Command — Should an allegation of
harassment involve the employee's Department Head, the Complaint
Advisor may take the case to the City Manager_ Should a complaint
involve the City Manager, the Complaint Advisor may take the case to the
Police Chief. Should an allegation of harassment involve the Personnel
Officer, the City Manager shall appoint a Department Head to act as
Complaint Advisor in the case.
d) Confidentiality — Effort will be made to protect the privacy of the parties
grievance process will not be made available to the general public. Files
pertaining to complaints will be kept in a secure location in the City's
Personnel Office.
e) Timeline— A response shall be given to the complainant within 30 days of
the date that the Complaint Advisor received the initial complaint. The
complainant will be advised as to the progress of the investigation, and
when to expect a recommendation for appropriate action.
Formal Grievance Process
Formal grievance procedures of the City, as described in the City's Personnel Rules, are
available for resolution of complaints alleging harassment if the complaint is not adjusted
to the satisfaction of the employee in the pre-grievance process.
a) Extension of time Requirements — Time limits specified in the formal
grievance procedures may be extended in pre-grievance procedures for a
harassment complaint initiated within the applicable time limits for filing a
formal grievance. In these instances, I the complaint is not adjusted to
the satisfaction of the employee, the time limits for filing a formal
grievance should begin as of the date of notification of action taken by the
Department Head. If the employee did not initiate pre-grievance
procedures within the time limits of the applicable formal grievance
procedure, the City's Personnel Officer may recommend extension of the
fling deadline for a formal complaint. It should be re-emphasized that the
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Harassment in Employment Policy (Continued)
City wishes to know of any complaint alleging harassment as soon as
possible after it occurs.
b) Waiver of Informal Step — Preliminary informal steps to resolve a
grievance may depend on the circumstances of the complaint, is waived
and the formal grievance initiated at an appropriate higher step in the
process.
Dissemination_of Polite
All employees, supervisors and managers shall be sent copies of this Policy and this
Policy shall be posed in appropriate places.
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