HomeMy WebLinkAboutReso - CC - 115-2017RESOLUTION NO. 115-2017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE BURLINGAME POLICE
SERGEANTS ASSOCIATION AND THE CITY OF BURLINGAME AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE MEMORANDUM ON BEHALF OF THE CITY
WHEREAS, the Burlingame Police Sergeants Association (Association) represents the
Police Department Police Sergeants, a unit that includes six employees; and
WHEREAS, the Police Sergeants were represented by the Association of Police
Administrators until September 3, 2017, when the City recognized them as a separate bargaining
unit; and
WHEREAS, the City and the Association have met and conferred in good faith on the
terms and conditions of employment as provided by State law; and
WHEREAS, the City and the Association have reached agreement on terms and
conditions of employment and on a Memorandum of Understanding (MOU) between the City and
the Association; and
WHEREAS, the MOU mirrors the terms and conditions the Sergeants received under the
Association of Police Administrators MOU and there is no fiscal impact.
NOW, THEREFORE, BE IT RESOLVED:
1. The terms and conditions of employment for the employees represented by the Burlingame
Police Sergeants Association as contained in the Memorandum of Understanding between the
Burlingame Police Sergeants Association and the City of Burlingame effective October 2,
2017, through December 31, 2018, are approved.
2. The City Manager is authorized and directed to execute the attached Memorandum of
Understanding between the Burlingame Police Sergeants Association and the City of
Burlingame.
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 2nd day of
October 2017, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE BURLINGAME POLICE SERGEANTS ASSOCIATION
AND
THE CITY OF BURLINGAME
BURLINGAME
C A L 1 F O A N 1 A
OCTOBER 2, 2017 - DECEMBER 31, 2018
TABLE OF CONTENTS
1. RECOGNITION..............................................4
2. ASSOCIATION DUES AND RIGHTS ............................... 4
3. NO DISCRIMINATION.........................................5
4. ADVANCE NOTICE...........................................6
5. SALARY PLAN AND PREMIUM PAYS .............................. 6
6. DAYS AND HOURS OF WORK ................................... 7
7. COURT PAY................................................8
8. HOLIDAYS..................................................9
9. VACATION..................................................9
10. ADMINISTRATIVE LEAVE ..................................... to
11. TUITION REIMBURSEMENT ................................... 10
12. SICK LEAVE...............................................10
13. LEAVES OF ABSENCE.......................................11
14. GRIEVANCE PROCEDURE .................................... 13
15, HEALTH AND WELFARE......................................16
16. UNIFORM ALLOWANCE ...................................... 20
17. PROBATIONARY PERIOD ..................................... 20
18. LAYOFF AND RECALL........................................20
19. DEMOTION, SUSPENSION AND DISMISSAL OF PERMANENT
EMPLOYEES...............................................21
20. EXPENSE REIMBURSEMENT FOR CITY BUSINESS ................. 22
21. LIVING DISTANCE ........................................... 23
22. SENIORITY................................................23
23. RESIGNATION ..............................................23
24. RETIREMENT ..............................................23
25. CONCERTED ACTIVITIES ..................................... 24
26. NO LOCKOUT..............................................25
27. RIGHTS ...................................................25
28. EFFECT OF AGREEMENT .....................................25
30. TOTALAG REEMENT.........................................25
31. SEPARABILITY OF PROVISIONS ................................ 25
32. TERM....................................................26
APPENDIX A ....................................................28
Salary Schedule........................................................28
Grievance Form........................................................29
- 3 -
The Burlingame Police Sergeants Association and representatives of the City of
Burlingame have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment of employees in the representation unit listed in
Section 1, have freely exchanged information, opinions and proposals and have
endeavored to reach agreement on all matters relating to the employment conditions
and employer-employee relations of such employees.
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown
Act and has been jointly prepared by the parties.
1. RECOGNITION
The Burlingame Police Sergeants Association, hereinafter referred to as the
"Association", is recognized as the majority representative, as provided in the City's
Employer -Employee Relations Ordinance, for all employees assigned to the
following classifications:
Police Sergeant
2. ASSOCIATION DUES AND RIGHTS
2.1 The Association shall be entitled to have their regular dues of its members
deducted from their paychecks.
2.2 Bargaining unit members shall be entitled to have dues deducted by filling
out, signing and filing with the City an authorization form provided by the
Association. Any employee who signs such an authorization shall not
revoke such authorization during the term of this Memorandum, except
during the following time periods:
2.2.1 His/her first thirty (30) calendar days of employment;
2.2.2 The first thirty (30) calendar days following approval of this
Memorandum by City Council;
2.2.3 The thirty (30) calendar day period between ninety (90) calendar days
and sixty (60) calendar days preceding the expiration of this
Memorandum of Understanding. Revocation during said period shall
be by a written signed statement furnished by the Association.
2.3 The employee's earnings must be regularly sufficient after other legal and
required deductions are made to cover the amount of the dues check -off
authorized. When a member is in good standing of the Association and is in
a non -pay status for the pay period when his/her dues would normally be
withheld, no dues withholding will attach to future earnings nor will the
member be required to deposit the amount with the City which would have
-4-
been withheld if the member had been in a pay status during that period. In
the case of an employee who is in a non -pay status during only a part of the
pay period and the salary is not sufficient to cover the full withholding, no
deduction shall be made. In this connection, all other legal and required
deduction(s) shall be made. In this connection, all other legal and required
deductions have priority over Association dues.
2.4 Dues withheld by the City shall be transmitted monthly to the officer
designated in writing by the Association as the person authorized to receive
the funds, at the address specified.
2.5 The Association shall indemnify, defend, and hold the City harmless against
any claims made and against any suit instituted against the City on account
of check -off of employee organization dues. In addition, the Association
shall refund to the City any amounts paid to it in error upon presentation of
supporting evidence. In the event the City fails to collect an employee's
Association dues, the City shall transmit delinquent dues to the Association
collected from future employee payroll deductions.
2.6 The Association may use portions of City bulletin boards to post Association
materials under the following conditions:
2.6.1 All materials must receive the approval of the Police Chief or his/her
designee in charge of the department bulletin board for conformance with
this section.
2.6.2 All materials must be dated and must identify the organization that
published them;
2.6.3 The City reserves the right to determine where bulletin boards shall
be placed.
2.7 The Association shall designate in writing to the City Manager or his/her
designee the names of the Association officers and representatives within
thirty (30) days of any change in officers or representatives.
3. NO DISCRIMINATION
The City agrees not to discriminate against any employee because of membership
in the Association or because of any activities on behalf of the Association.
Association activities shall not interfere with the normal operation of the City.
Neither the City nor the Association shall discriminate for or against any employee
or applicant for employment on account of race, color, creed, national origin, age,
sex, sexual orientation or physical or mental disability which does not prevent an
employee from meeting the minimum job standards established.
5-
4. ADVANCE NOTICE
Except in cases of emergency, the Association shall be given reasonable advance
written notice of any ordinance, resolution, rule or regulation directly relating to
matters within the scope of representation proposed to be adopted by the City and
shall be given the opportunity to meet and confer with management representatives
prior to adoption.
5. SALARY PLAN AND PREMIUM PAYS
Effective the first pay period of January 2014, the following classification shall
receive an increase in base salary:
Police Sergeant - 2.5%
Effective the first pay period of January 2015, there shall be an increase in base
salary for all classes of 2.0%; however, 0.5% of the 2.0% salary increase shall
offset the City's cost of medical premiums, such that the actual increase to base
salary shall be 1.5%.
Effective the first pay period of January 2016, there shall be an increase in base
salary for all classes of 2.0%.
Effective the first pay period of January 2017, there shall be an increase in base
salary for all classes of 1.0%.
Effective the first pay period of January 2018, there shall be an increase in base
salary for all classes of 2.5%; however, 0.5% of the 2.5% salary increase shall
offset the City's cost of medical premiums, such that the actual increase to base
salary shall be 2.0%.
5.1 Premium Pays will be provided as follows:
5.1.1 A sergeant assigned to a shift from 18:00 — 06:00 shall receive a 6%
shift differential.
5.1.2 A sergeant that is not assigned to the shift defined above will qualify
for a 6% shift differential if more than one-half ('/2) of the sergeant's
shift is from 18:00 — 06:00. The differential will apply to the entire
shift. If less than one-half (1/2) the shift is between 18:00 - 06:00, the
differential will only apply to the hours worked within 18:00 - 06:00.
5.1.3 The City will provide a 5% premium pay differential to employees
designated as bi-lingual service providers. Such designation will be
pursuant to the City's Administrative Procedure #4.28.1.
5.1.4 Sergeants assigned to Detective, Traffic, Administrative Services and
Crime Prevention shall receive a 7.0% differential. In exchange for
this differential, Sergeants assigned to Traffic, Administrative
Services and Crime Prevention will forego 16 hours of Paid
Administrative Leave.
5.1.5 The education increment for POST certifications shall be considered
as wages for the purposes of computing overtime and holiday pay.
5.1.5.1 An employee with a POST certificate shall receive a
premium pay differential in the following amounts:
POST Advance Certificate = $430/month
POST Supervisory Certificate = $700/month
POST Management Certificate = $885/month
Effective June 26, 2017 the POST certificate pay will be:
POST Advance Certificate = $468.70
POST Supervisory Certificate=$763.00
POST Management Certificate=$924.82
5.2 Hourly Rate of Pay
The hourly rate of pay for unit members shall be calculated bi-weekly. The
rates of pay set forth herein represent, for each classification, the standard
rate of pay for full-time employment, except for overtime compensation, any
applicable premium pay and other benefits specifically provided for by the
City, unless specifically indicated otherwise in the schedule.
5.3 Acting Pay
Any regular full-time unit member who is assigned to work in an upgraded
position/classification within the unit for a limited duration shall receive a
fifteen percent (15%) increase for the duration of the (acting) assignment.
6. DAYS AND HOURS OF WORK
6.1 Work Schedule:
Work schedule is subject to Department policies and practices.
6.2 Overtime Definition:
Overtime is authorized time worked in excess of an employee's normal daily
work schedule.
6.2.1 Effective April 15, 2002 the Department will implement an Alternative
Work Schedule Program. Once implemented, Sergeants who are
assigned to 12 -hour shifts will be authorized overtime for time worked
in excess of 12 hours in a day.
-7-
Overtime shall be compensated at one and one-half (1-1/2) times the
employee's regular rate of pay for every hour of overtime worked.
Payment for overtime shall not be made unless such overtime has
been authorized by the City prior to such overtime being worked.
6.2.2 Overtime details are assigned in accordance with Section 1037 of the
Burlingame Police Manual, Department Standard Operating
Procedures.
6.3 Compensatory Time Off:
Compensatory Time Off shall be allowed to accrue to a maximum of 160
hours.
6.4 Shooting Range Time:
Any represented employee who is required to attend the shooting range on
off-duty time shall be entitled to pay at the rate of time and one-half (1'/2) for
shooting at the range with a minimum of two (2) hours.
6.5 Call Back:
Employees shall be eligible for call back time if they are called back to work
with less than 48 hours notice. Call back time shall be paid at time and one-
half (1'h) with a four-hour minimum.
6.6 Paid Work Details:
Employees who volunteer for Paid Work Details outside their scheduled
hours shall receive payment in accordance with Section 6.2 Overtime
Definition for a minimum of three (3) hours or actual time worked
whichever is greater.
If an employee is mandatory assigned to Paid Work Detail, then the
employee shall be compensated in accordance with Section 6.5 Call Back.
7. COURT PAY
Any represented employee who is required to be in court on off-duty time as part of
his/her job duties shall be entitled to pay at the rate of time and one-half (1%) for all
court time with a minimum entitlement of three (3.0) hours at time and one-half
(1%). In addition, such employee shall be entitled to a maximum of one (1) hour of
total travel time at time and one-half (1%) for such court appearance, unless the
employee utilizes a City vehicle to travel to court. It is understood that a
represented employee who is required to appear in court during his/her shift and
who is required to stay beyond the end of his/her shift, shall be entitled to pay at the
rate of time and one-half (1'/z), but shall not be entitled to any minimum number of
hours or to any travel time.
8. HOLIDAYS
8.1 Holiday Pay:
Employees will receive 112 hours of holiday pay per year.
Effective 1/1/03, the City agrees to pay out holiday pay over 26 pay periods.
Holiday pay will be calculated by converting the number of observed and
floating holidays in a calendar year to hours and multiplying that number by
the employee's hourly rate. The figure derived will be divided by 26 pay
periods.
8.2 Mandatory Overtime on Holidays:
Double time will be paid to any personnel who are ordered to work
(mandatory) overtime on the following four holidays: New Year's Day, July
4"', Thanksgiving and Christmas.
9. VACATION
9.1 Vacation Eligibility:
Employees shall be entitled to annual vacation leave with pay as it is
accrued.
9.2 Vacation Schedule:
Years of Service Bi -Weekly Accrual Rate Annual Hours of Vacation
4 & fewer 4.00 104
5 4.93 128
10 6.46 168
15 7.45 194
On an employee's 20th anniversary date of employment with the City of
Burlingame, the employee will receive a one-time allotment of 16 hours of
vacation in his/her vacation accrual bank. This allotment will be provided to
current active Association members that have 20 or more years of service.
9.3 Vacation Accumulation:
Earned vacation time may be accumulated to a maximum of two (2) times
the employee's annual accrual. Once in a calendar year (January —
December), an employee who has reached the maximum vacation accrual
may request to be paid -out Forty (40) hours of accrued vacation time. Such
payout is subject to the Police Chief's approval.
9.4 Vacation During Leave of Absence:
An employee who is on leave of absence without pay shall not accrue
vacation leave benefits.
M
9.5 Vacation Scheduling:
Vacations shall be scheduled bi-yearly by employees with the approval of
the Police Chief or his/her designee. Scheduling shall be done in
accordance with Sections 1015 of the Burlingame Police Manual,
Department Standard Operating Procedures.
Unit members shall be allowed to change scheduled vacation days if an
opening exists on the vacation schedule, provided that the Chief or his/her
designee is given notice forty-eight (48) hours in advance of such proposed
change.
10. ADMINISTRATIVE LEAVE
In lieu of overtime, Police Sergeants receive 64 hours of administrative leave per
fiscal year and are entitled to overtime. Administrative leave is prorated based on
the date of promotion.
10.1 Administrative Leave Payout
Employees eligible for administrative leave may have a maximum of one year of
administrative leave on the books and may request administrative leave payout at
any time by submitting the payout request on the timesheet. When administrative
leave balances exceed the one-year maximum of 64 hours for Police Sergeants,
hours that exceed the one-year maximum will automatically be paid out.
11. TUITION REIMBURSEMENT
The City will reimburse employees up to $3000 a year for the cost of tuition, and up
to $500 a year for the cost of books and/or computer equipment and programs.
Credit/No credit courses will be reimbursed when verification of course credit is
submitted.
12. SICK LEAVE
12.1 Sick Leave Defined:
Sick Leave is absence from duty with pay because of an employee's illness
or injury; or to attend medical, dental, or optical examinations or treatments
for the employee; or to care for an immediate family member who is ill and
requires the employee's care. Sick leave shall not be considered as a right
that an employee may use at his/her discretion, but shall be allowed in case
of necessity and actual personal or immediate family illness.
12.2 Sick Leave Accrual:
All full time regular and probationary members shall accrue sick leave at the
rate of 3.69 hours per bi-weekly pay period to a maximum of 2080 hours. An
employee who is on paid leave shall continue to earn sick leave credit. An
10-
employee who is on leave without pay shall not accrue sick leave credit. Sick
leave shall accrue during an absence that is a result of occupational
disability resulting from employer service.
12.3 Maximum Sick Leave Accrual:
Sick Leave with pay shall be granted to all full-time regular and probationary
employees to a maximum of 2080 hours.
12.4 Notification of Sickness:
Sick leave usage will be in conformance with the Police Manual Standard
operating Procedure Section 1014
12.5 Sick Leave Monitoring Program:
The record keeping to determine sick days used will be from January 1 to
December 31 of each year. Sick leave monitoring will be in accordance with
the Department's standard operating procedures.
12.6 Sick Leave for Care of Family:
Sick leave to care for family members will be in conformance with the City's
Administrative Procedure, Family Medical Leave Act (FMLA), the California
Family Rights Act (CFRA) and other federal and state leave requirements.
Generally, these laws grant up to twelve (12) weeks of leave in a twelve (12)
month period, to care for members of the employee's immediate family.
Employees who feel they may need to exercise their rights for extended
family medical leaves should talk to their supervisors and/or the Human
Resources Department.
The immediate family shall consist of the spouse, children, parents, brothers,
sisters, grandparents, domestic partners, and stepchildren. The employer
shall grant such sick leave only for the purposes of sickness or disability as
provided above when the relationship of the sick or disabled person to the
employee warrants such use of accumulated sick leave.
12.7 Sick Leave Upon Retirement:
Upon retirement, the employee shall be entitled to and be compensated for
up to 600 hours of the employee's accumulated sick leave.
12.8 Sick Leave Conversion:
Employees can elect to have all sick leave hours converted to CalPERS
credible service per GC Section 20965. If an employee elects to have sick
leave hours paid out per Section 12.7, the remaining sick leave balance not
paid out is eligible for conversion to credible service per GC Section 20965.
The maximum available for conversion after payout is 2080 hours. Any sick
leave hours paid out at retirement are not eligible for conversion.
13. LEAVES OF ABSENCE
-11-
13.1 Industrial Accident Leave:
Industrial accident leave means the absence from duty of an employee
because of work -incurred illness or bodily injury when such absence has
been accepted for coverage under the provisions of the Worker's
Compensation laws of the State of Califomia, and such leave shall not be
deducted from the employee's sick leave balance. Police unit members
shall be provided benefits pursuant to Section 4850 of the Labor Code of the
State of California and other applicable State law. All temporary disability
benefits shall be assigned to the City.
13.1.1 Benefits During Disability:
No represented employee shall be denied the normal accrual of
vacation or sick leave benefits during a period of disability covered by
Section 4850 of the Labor Code. While covered by Section 4850, all
benefits, which include medical, dental, vision, and life insurance are
continued.
13.2 Military Leaves of Absence:
In addition to the leaves of absence herein provided for members of the
classified service, those Sergeants/Commanders or employees in such
service who are members of the National Guard or Reserve Corps in the
federal Army, Navy, Air Force, Marine or Coast Guard Service shall be
entitled to leaves of absence authorized and provided by the military and
veterans' code of the State of California, and in addition thereto shall be
entitled to the rights and privileges authorized by said military and veterans'
code with respect to status and re-employment.
13.3 Other Leaves of Absence With or Without Pay:
The City Manager may, for good cause, grant other leaves of absence with
or without pay for up to one (1) year.
13.4 Jury Duty Leave:
Every full-time employee of the City who is called and required to serve as a
trial juror shall be entitled to jury duty leave 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 his/her full salary and shall
reimburse the City any payments received, except for travel pay.
13.5 Absence Without Official Leave (AWOL):
Failure on the part of any employee, to report to duty at his/her regularly
scheduled starting time shall be considered absence without official leave
and may be cause for disciplinary action.
13.6 Bereavement Leave:
In the event of a death in the immediate family or a member of the
12-
household of an employee, absence from duty shall not exceed three (3)
work days. In the event of the death of a relative not a member of the
immediate family, absence from duty shall not exceed one (1) day. Such
absences shall not be charged to sick leave. In the event of the death of a
non -family member, an employee shall be allowed to use vacation or CTO.
For the purposes of this section, "immediate family" means parent, spouse,
domestic partner, child, sibling, grandparents, mother-in-law, or father-in-
law.
14. GRIEVANCE PROCEDURE
14.1 Definitions:
14.1.1 "Days" as used herein shall be days when the City Hall of the City of
Burlingame is open for business.
14.1.2 "Grievance" is a written allegation by a unit employee, submitted as
herein specified, claiming violation(s) of the specific express terms of
this Agreement for which there is no Civil Service or other specific
method of review provided by City law.
14.1.3 "Grievant' is an individual employee or employee organization
adversely affected by any dispute over the interpretation or
application of any provision of this Memorandum of Understanding.
14.2 Steps:
14.2.1 Step 1:
The grievant shall discuss the grievance with his/her immediate
supervisor within fifteen (15) days of actual or constructive knowledge
of the existence of the grievance. If the issue is not resolved, the
grievant shall be entitled to proceed to Step 2.
14.2.2 Step 2:
Within ten (10) days of the conclusion of the Step 1 meeting, the
grievant shall file with the Police Chief a written grievance on the
agreed upon form, which is attached as "Appendix A," setting forth
the following:
Name
Classification
Section or sections of the MOU allegedly violated
Remedy sought
Within ten (10) days of receipt of the written grievance, the Police
Chief will meet with the grievant and his/her representative to attempt
to reach a satisfactory resolution.
-13-
14.2.3 Step 3:
If the grievance remains unresolved at Steps 1 and 2, it may be
appealed to the Human Resources Director within ten (10) days of
the conclusion for the meeting described in Step 3. Said appeal shall
be in the form of a written request to proceed to Step 3, along with
the written grievance. The Human Resources Director shall respond
to the grievance within ten (10) days of receipt of the written appeal.
The determination of the Human Resources Director shall be final,
except as provided in Step 4.
14.2.4 Step 4:
(a) If not satisfied with the decision at Step 3, the grievant, within five
(5) days after receipt of the Step 3 response, may request in writing
that the Association submit the grievance to advisory arbitration.
Within ten (10) days of the grievant's receipt of the decision at Step 3,
the Association shall inform the City of its intent as to whether or not
the grievance will be arbitrated. Should the Association deem that the
grievance not be continued as an Association grievance, it shall so
inform the City within ten (10) days. This shall not preclude an
individual grievant from pursuing the arbitration procedure, as
provided below.
(b) The Association or individual grievant, by written notice to the City
Manager within fifteen (15) days of the Step 3 response, may submit
a grievance to an arbitrator who shall be selected by mutual
agreement. If no agreement can be reached within five (5) days of
the notice, the parties shall request of the State Mediation
Conciliation Service (SMCS) a list of five (5) names of persons
experienced in hearing grievances. Each party shall alternately strike
a name until only one name remains. The order of strike shall be
determined by lot.
(c) In each dispute, the arbitrator shall, as soon as possible, hear
evidence and render a decision on the issue(s) submitted. If the
parties cannot agree upon a submission agreement, the arbitrator
shall determine the issue(s) by referring to the written grievance and
the answers thereto at each step. After the hearing, and after both
parties have been given the opportunity to make written arguments,
the arbitrator shall submit, in writing, his/her findings and award to the
Association and the City.
(d) The award of the arbitrator shall be advisory to the City
Manager.
(e) The arbitrator will have no power to add to, subtract from, or
modify the terms of the Agreement or the written policies, rules,
14-
regulations and procedures of the City; nor shall the arbitrator be
empowered to render a decision on issues not before the
arbitrator or on facts not supported by the evidence.
(f) The fees and expenses of the arbitrator and each hearing shall be
borne equally by the City and the Association; or if an individual
pursues arbitration without the Association's consent, said individual
shall share equally in the cost with the City. All other expenses shall
be borne by the party incurring them.
(g) If any question arises regarding the arbitrability of a grievance,
the party raising the question of arbitrability may, upon request,
have such question first ruled upon and decided by an arbitrator
prior to any other hearing on the merits of the grievance that would
thereafter be conducted by a second and different arbitrator. The
selection of the arbitrator will be as described in Section 14.2.5 (b)
above. The fees and expenses of the separate arbitrator deciding
the issue or arbitrability shall be borne by the party that raised the
question of arbitrability.
14.3 Failure to Pursue:
14.3.1 Any failure by a grievant to pursue his/her grievance to the next step
within the time limits shall be a voluntary abandonment of the
grievance and the grievant shall not thereafter be entitled to pursue
said grievance. The grievance will be deemed settled.
14.3.2 Any failure by the City to respond within the time limits set forth shall
entitle the grievant to pursue his/her grievance to the next step.
14.3.3 By mutual written consent by both the City and grievant, an extension
can be granted for any step in the grievance process.
14.4 Representation:
14.4.1 A grievant shall be entitled to be represented by his/her Association
and/or his/her attorney at any grievance meeting or discussion
described in any one (1) of the steps of the grievance procedure;
provided, however, in no event shall more than one (1) City
employee, in addition to the grievant, attend such grievance meetings
as representative. The limitations of this Section shall apply to
employees on paid release time and not to Association staff or
witnesses who may be necessary to the grievance.
14.4.2 Neither the grievant nor his/her representative shall suffer loss or pay
for attending the meetings described in the steps of the grievance
procedure.
14.4.3 Except for grievance meetings described in the steps of the grievance
procedure, neither grievant nor any representative of the grievant
shall be entitled to use regular work time to process the grievance.
14.5 Other Procedures:
The grievance procedure set forth herein shall supersede and replace any
other grievance or appeal procedures otherwise available to represented
employees and are deemed sufficient to satisfy procedural due process
requirements for such hearings and/or appeals. Nothing contained herein to
the grievance procedure shall apply to employee disciplinary matters.
15. HEALTH AND WELFARE
15.1 Flexible Benefits Plan:
Under the Flexible Benefit Plan the City's monthly contribution for the
individual employee and the employee's eligible dependents shall be One
Hundred and nineteen dollars ($119.00) per month effective January 1, 2014
and shall adjust in accordance with the Minimum Employer Contribution
(MEC) established by the Public Employees Medical and Hospital Care Act.
In addition, the City shall offer an Internal Revenue Code Section 125 Plan
that contains the components of benefit allowance, premium conversion,
health care reimbursement account, and dependent care reimbursement
account. The City shall contribute the below -listed amount per month
toward each employee's Section 125 Plan benefit allowance components.
All amounts listed below include the Minimum Employer Contribution (MEC):
Employee only: Blue Shield HMO rate for Employee only
Employee plus one: Blue Shield HMO rate for Employee plus
one
Employee plus two or more: Kaiser family rate
An employee may use any benefit allowance stated above toward the cost
of employer-provided PERS Health insurance for the employee and
eligible dependents. An employee may not use the benefit allowance for
other reasons.
Any employee that enrolls in a Medical Plan that has a higher premium
than the City's contribution, as stated above, will pay the difference via
pre-tax payroll deductions.
NO PLAN — Any employee that demonstrates they have medical
insurance from another service will receive two hundred dollars ($200) per
month in lieu of medical benefits. The two hundred dollars ($200) per
month may be put into a deferred compensation plan, Section 125 Plan, or
taken in cash. Any cash payment is subject to normal taxation.
-16-
Effective January 1, 2015, the City's contribution in lieu of medical benefits
will increase to three hundred and fifty dollars ($350.00) per month.
15.2 Retiree Medical Benefits
15.2.1 Retiree Medical for Employees Hired Prior to June 26, 2006 Who
Retire Prior to January 1, 2014 (Tier 1):
Employees hired prior to June 26, 2006 who retire prior to January
1, 2014 with a minimum of five (5) years of service with the City, will
receive a retiree medical benefit equivalent to the amount
necessary for actual enrollment in single, two-party, or family
coverage, up to a maximum dollar amount of the Kaiser family
premium rate.
15.2.2 Retiree Medical for Employees Hired Prior to June 26, 2006 Who
Retire On or After January 1, 2014 (Tier 1 a):
Effective January 1, 2014, employees hired prior to June 26, 2006,
who retire from the City with five (5) years of City service, will
receive a retiree medical benefit in accordance with the following:
• For eligible retirees, the City contribution will be equivalent to
the Bay Area Region premiums for Blue Shield Access HMO
Single, Blue Shield Two -Party, or Kaiser Family coverage as
applicable.
• For eligible retirees who are 65 years of age or older and
enrolled in Medicare, the City contribution will be equivalent to
the Medicare supplement plan premium for the Bay Area
Region for Blue Shield Access HMO Single, Blue Shield Two -
Party, or Kaiser Family coverage as applicable.
If the Blue Shield Access HMO or Kaiser is no longer offered by
CaIPERS medical, the employee will receive the contribution equal
to the third highest cost plan offered by CaIPERS medical.
15.2.3 Retiree Medical for Employees Hired After June 26. 2006 and Before
November 1, 2010 (Tier 2):
Employees hired on or after June 26, 2006 (the date of
implementation of the 3.0% @50 Retirement Benefit) and before
November 1, 2010, will receive retiree medical contributions based
on years of service with the Police Department.
The retiree medical contribution for employees who have a service
_17_
retirement will be as follows:
Years of Service
Monthly Contribution
0 -end of 9 year
Minimum monthly amount as governed by the
of service
CalPERS Health System.
10 years to the
50% of the lowest medical premium provided
end of the 14th
through CalPERS approved medical providers
year of service
for employee +1 dependent.
15 years to the
75% of the lowest medical premium provided
end of the 19th
through CalPERS approved medical providers
year of service
for employee +1 dependent.
20 years of
100% of the lowest medical premium provided
service or more
through CalPERS approved medical providers
for employee +1 dependent.
15.2.4 Industrial Disabilitv Retiree Medical Benefits for Employees Hired On
or After June 26, 2006 and Before November 1. 2010 (Tier 2):
This section does not affect employees hired before June 26, 2006.
For employees hired before June 26, 2006, the City's contribution
for health insurance premiums shall equal the amount received by
active employees.
Employees hired after the implementation of 3% @50 (June 26,
2006) and before November 1, 2010 that have an industrial
disability retirement will have a retiree medical contribution as
follows:
Years of
Monthly Contribution
Service
0 -end of 19
75% of the lowest medical premium provided
year of service
through CalPERS approved medical providers for
employee +1 dependent.
04nd of 19
100% of the lowest medical premium provided
year of service
through CaIPERS approved medical providers for
employee +1 dependent if the disability is the direct
result of performing a specific job task unique to
that of a Police Officer (examples include, but are
not limited to, operation of an emergency vehicle,
involvement in a shooting, apprehension of a
suspect, rescue of a citizen, assault by a suspect
or other individual or direct involvement in a vehicle
accident).
20 years of
100% of the lowest medical premium provided
service or more
through CalPERS approved medical providers for
employee +1 dependent.
18-
15.2.5 Retiree Medical for Employees Hired On or After November 1, 2010
Tier 3):
Employees hired on or after November 1, 2010 shall receive the
following contributions to a Retirement Health Savings Account
(RHSA), based on years of service with the Police Department, in
lieu of the Retiree Medical Benefits in Section 15.2.1, 15.2.2 and
15.2.3.
Years of Service
Monthly Contribution
0- to the end of the 5th year of service
0.0%
6 years of service to the end of the 19 year
of service
2.0%
20 years of service or more
2.5%
15.3 Dental:
The City will continue to provide dental coverage provided through Delta
Dental.
15.4 Vision:
The Association will continue vision coverage under the City's self-insured
vision pool.
15.5 Life Insurance:
During the term hereof, the City agrees to provide life insurance to the extent
of one hundred thousand dollars ($100,000) coverage for members of the
bargaining unit.
The City also agrees to offer supplemental life insurance. The cost for
supplemental life insurance will be paid for by the employee through payroll
deduction.
15.6 Deferred Compensation:
Full time regular employees are eligible, subject to IRS regulations and the
terms and conditions thereof, to participate in the deferred compensation
plans made available to all city employees.
Effective January 1, 2006, the City shall provide a matching contribution of
up to forty-five dollars ($45.00) per pay period to an employee's deferred
compensation account.
15.7 Section 125 Flexible Benefit Plans:
The City will provide dependent daycare reimbursement and healthcare
reimbursement plans per the provisions of IRS Section 125.
-19-
16. UNIFORM ALLOWANCE
Effective January 1, 2008 the City agrees to pay one thousand and sixty dollars
($1,060) annually per employee.
Effective June 26, 2017, uniform allowance will be paid bi-weekly with the regular
payroll check.
16.1 It is understood that the City shall provide and maintain all employees with
required safety equipment. Any failure or refusal by any employee to care
for and maintain a proper uniform or equipment shall be deemed cause for
discipline.
17. PROBATIONARY PERIOD
17.1 All original appointments shall be tentative and subject to a probationary
period of twelve (12) months of actual service from the date of appointment
as a Sergeant. Upon satisfactory completion of such probationary period,
employees shall be appointed as regular employees.
17.2 The City may extend the probationary period for an equal period of time in
case of an absence of thirty (30) days or more for extended sick or accident
leave.
17.3 Employees may be suspended or separated from the City at any time during
the probationary period, except as otherwise provided by law.
17.4 All promotional appointments shall be tentative and subject to a probationary
period of one (1) year from date of appointment. Upon satisfactory
completion of such probationary period, employees shall be appointed as
regular employees.
17.5 Any regular employee rejected during the probationary period following a
promotional appointment, or prior to the conclusion of the probationary
period, shall be reinstated to the position from which they were promoted
unless conditions warrant their dismissal.
18. LAYOFF AND RECALL
18.1 Permanent employees may be laid off, without prejudice, due to lack of
funds or curtailment of work. No permanent employee, however, may be
separated while there are temporary employees serving in the same class or
position in the City service, unless that employee has been offered the
temporary work.
-20-
18.2 When the Police Chief is instructed by the City Manager to reduce the
number of employees, layoff shall be made in accordance with the following
rules:
18.2.1 Layoffs shall be according to reverse order of seniority as defined by
total City service.
18.2.2 An employee may demote or transfer to a vacant position for which
he/she possesses the necessary skills as determined by the
minimum qualifications and job specifications for the position.
18.2.3 The name of each employee laid off shall be entered on a
Reemployment List in order of seniority for two (2) years
18.2.4 Former employees appointed from a reemployment eligibility list shall
be restored all rights accrued prior to being laid off, such as sick
leave, vacation credits, and credit for years of service. However,
such reemployed employees shall not be eligible for benefits for
which they received compensation at the time of or subsequent to the
date they were laid off.
18.2.5 The City further agrees to meet and confer with the Association and
reach mutual agreement prior to said layoff concerning all
ramifications of the proposed layoff.
19. DEMOTION, SUSPENSION AND DISMISSAL OF PERMANENT EMPLOYEES
19.1 Demotion:
No permanent employee shall be demoted in grade or pay step for
disciplinary reasons without just cause, and no employee shall be demoted
to a position for which he does not possess the minimum qualifications.
Written notice of demotion shall be given by the Police Chief to the
employee before the effective date of the demotion. The employee shall be
entitled to appeal the action in accordance with Section 19.5 of this
Agreement.
19.2 Suspension Without Pay:
The Police Chief may suspend without pay an employee from his position at
any time for disciplinary purposes. Suspension without pay shall not exceed
thirty (30) calendar days without confirmation by the City Manager. Such
suspension shall be in accordance with applicable State and Federal laws.
The employee shall be entitled to appeal the action in accordance with
Section 19.5 of this agreement.
19.3 Discharge:
A permanent employee may be discharged for just cause. Such discharge
21-
shall be in accordance with applicable State and Federal laws. The
employee shall be entitled to appeal the action in accordance with Section
19.5 of this agreement.
19.4 The Police Chief will issue a notice of Intended Discipline before suspending
without pay, demoting or discharging a Police Officer. Such notice will
advise the employee of his/her due process rights to a "Skelly" hearing. At
the employee's request, the Police Chief will conduct such a "Skelly" hearing
to consider any exonerating or mitigating evidence.
19.5 Within five (5) business days upon receipt of the Notice of Imposition of
Discipline, the employee, by written notice to the Human Resources
Director, may request an appeal hearing be submitted to an ad hoc review
board. Business days are defined as days that City Hall is open to the
public.
The ad hoc review board shall be selected as follows: The City shall
select one member, the employee shall select one member and the two
members thus chosen will select a third impartial member from a list
supplied by the State Mediation Conciliation Service (SMCS) who will
serve as Chair of the board.
SMCS will supply a list of five names of persons experienced in
disciplinary hearings. Each party shall alternately strike a name until one
remains. The remaining panel member shall be the third member of the ad
hoc review board. The order of the striking shall be determined by lot.
The City will pay the fees of the panel Chair selected from SMCS.
The board shall, as soon as possible, hear and receive evidence and
render a decision on the disciplinary action. Such a hearing will not be
open to the public and will be recorded by a Court Reporter paid for by the
City. The disciplinary action can be upheld, modified, or rejected by the
panel. The board's decision will be explained in writing and any changes
or modifications to the disciplinary action clearly explained. The decision
by the board is advisory to the Human Resources Director. The Human
Resources Director can adopt the proposed decision in its entirety; reject
the proposed decision; refer the case back to the panel to take additional
evidence and then render a decision; or modify the decision.
20. EXPENSE REIMBURSEMENT FOR CITY BUSINESS
If prior approval has been obtained from the City, personal expenses incurred
shall be reimbursed. These reimbursements shall be based on the most
economical means of travel but if use of a personal auto is authorized, payment
shall be at the same rate established by the IRS. Upon prior department head
authorization, the cost of food at meetings shall be reimbursed. If required to
22-
stay overnight or nights, the City shall reimburse the employee for all lodging and
necessaryexpenses.
21. LIVING DISTANCE
The living area requirement is within the ten bay area counties (San Mateo, San
Francisco, Marin, Sonoma, Solano, Contra Costa, Alameda, Santa Clara, Santa
Cruz, and San Joaquin), except as may be agreed to by the City Manager.
22. SENIORITY
Seniority begins on the first day of permanent employment with the City of
Burlingame. If an employee is rehired after separating service for more than six
(6) months, the prior employment shall not be attributed for seniority purposes.
The City shall keep an up-to-date seniority list of all employees covered by this
Agreement.
23. RESIGNATION
In order to leave the Department in good standing, an employee shall file with the
Police Chief a written resignation. The written resignation must be submitted
within two (2) weeks of separation and shall state the effective date and reasons
for leaving. Once the resignation has been accepted in writing by the Police
Chief. it shall be irrevocable.
24. RETIREMENT
The City agrees to continue to maintain a contract with the Public Employees'
Retirement System (CaIPERS) to provide:
24.1 Classic Employees
A classic employee is 1) any full-time employee hired prior to January 1,
2013 or 2) a full-time employee hired after January 1, 2013, who was
already a member of a public employee retirement system at the time of
hire by the City with a break in service of no more than six months
between the employee's prior public employee retirement system
participating agency and -the City. Classic employees shall be members of
PERS, as provided by the terms of the contract in effect between the City
and PERS which includes:
• Government Code Section 21362.2 - 3.0% @ 50 Benefit formula
• Government Code Section 20042 — One Year Final Compensation
• Government Code Section 21574 — 4th level 1959 Survivor Benefits
• Government Code Section 21624 — Post Retirement Survivor
Allowance
23-
• Government Code Section 2102 — Military Service Credit as Public
Service
• Effective the first pay period of January 2015, employees shall
contribute an additional 1.0% towards retirement for a total
contribution of 10.0%
• Effective the first pay period of January 2016, employees shall
contribute an additional 1.0% towards retirement for a total
contribution of 11.0%
• Effective the first pay period of January 2017, employees shall
contribute an additional 1.0% towards retirement for a total
contribution of 12.0%
• Effective the first pay period of January 2018, employees shall
contribute an additional 1.0% towards retirement for a total
contribution of 13.0%. The additional 1.0% effective the first pay
period of January 2018 shall sunset on December 31, 2018.
24.2 For New Members Hired On or After January 1, 2013
New members of PERS, who are hired after January 1, 2013, shall have
the PERS 2.7% @ 57 formula, as provided by the terms of the contract in
effect between the City and PERS. The employee contribution rate shall
be 50 percent of the "normal cost' (as defined by Government Code
Section 7522.04(g)) for the 2.7% @ 57 formula rounded to the nearest
quarter of 1 percent. Other terms shall include:
• Government Code Section 7522.32 — Three Year Final
Compensation
• Government Code Section 7533.3 — No employer payment
for employee contribution.
• Government Code Section 21574 — 4 t level 1959 Survivor
Benefits
• Government Code Section 21624 — Post Retirement
Survivor Allowance
• Government Code Section 2102 — Military Service Credit as
Public Service
• Employees shall make retirement contributions in
accordance with PEPRA.
The City shall provide the deferral of retirement deductions by IRS 414
H(2).
25. CONCERTED ACTIVITIES
24-
It is agreed and understood that there will be no strike, work stoppage, slow
down or refusal to perform job functions during the term of this Agreement.
26. NO LOCKOUT
The City agrees not to engage in any lockout during the term of this Agreement.
27. RIGHTS
27.1 City Rights:
The City hereby retains and reserves unto itself, without limitation, all
powers, rights, authority, duties and responsibilities conferred upon and
vested in it by the Constitution of the United States, the Constitution of
California, the laws of the United States, the laws of California, and the
ordinances and resolutions of the City of Burlingame and shall be limited
only by the express and specific terms of the Memorandum.
27.2 Employee Rights:
Nothing contained in this Memorandum of Understanding shall prohibit the
Association from meeting and conferring on matters within the scope of
representation as provided by law. The City acknowledges the employees
and the Association retain all rights under Section 3500 et. seq. of the
California Labor Code.
28. EFFECT OF AGREEMENT
This Memorandum of Understanding shall supersede any prior Memoranda of
Understanding, rules, regulations or ordinances in direct conflict with the provisions
hereof.
29. MODIFICATION
There will be no alteration or modification of any provision contained in this
Memorandum without the written consent of all parties hereto.
30. TOTAL AGREEMENT
This Memorandum of Understanding constitutes a full and complete agreement by
the parties and contains all of the matters upon which the parties reached
agreement. Any matter not contained in this Memorandum has not been agreed
upon and, if raised in negotiations, was dropped by the party raising it as part of a
good faith attempt to reach agreement.
31. SEPARABILITY OF PROVISIONS
Should any section, clauses or provision of this Memorandum of Understanding
25-
be declared illegal by final judgment of a court of competent jurisdiction, such
invalidation of such section, clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shall remain in full force and effect
for the duration of this Memorandum of Understanding. In the event of such
invalidation, the parties agree to meet and confer concerning substitute
provisions for provisions rendered or declared illegal.
32. TERM
The term of this agreement shall begin on October 2, 2017 and expire on
December 31, 2018.
26-
BURLINGAME POLICE
SERGEANTS ASSOCIATION
Date:
Kevin Kashiwahara
Lara Terada
CITY OF BURLINGAME
Date:
Sonya Morrison, Human Resources Director
Lisa K. Goldman, City Manager
z7-
APPENDIX A
Police
Sergeant
Salary Schedule
City of Burlingame
Classifications and Salaries for the Burlingame Police Sergeants Association
Effective January 2017
Monthly
8,478.38
8,879.87
9,321.50
9,793.83
10,294.51
Biweekly
3,913.10
4,098.40
4,302.23
5,520.23
4,751.31
Hourly
48.91
51.23
53.78
56.50
59.39
28-
Appendix B
Grievance Form
CITY OF BURLINGAME
POLICE DEPARTMENT GRIEVANCE FORM
DEFINITION:
A grievance is defined section 16.1.2 in the current Memorandum of Understanding
(MOU). Please check this definition before filing a grievance. A "working day" is
defined as days when the City Hall of the City of Burlingame is open for business.
Employee Name:
2. Date filed with Supervisor:
3. Date filed with Union:
0
5. Specific clause(s) of the agreement allegedly violated:
Specific clauses:
6. Statement of Grievance:
29-
Remedy requested under this agreement:
8. Are you being represented by another person or the Union on this matter?
Yes No
If applicable, name of representative:
9. Grievant's signature:
Date:
cc: Human Resources Director
30 -