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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 z044UJc;'( by Patrick A. Williams, Mayor ATTEST: f VI/6t� 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 iii 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. 1 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; .w 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; 2 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. 3 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. 4 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 5 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. 6 caw 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 - 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- 7 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. 8 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 9 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. loop 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 10 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. 11 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 3 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. 4 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. 5 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: 1 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 2 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. 3