-Memorandum of Understanding-

MEMORANDUM OF UNDERSTANDING

BETWEEN THE REPRESENTATIVES OF

MANAGEMENT FOR THE CITY OF WEST COVINA

AND

WEST COVINA POLICE OFFICERS' ASSOCIATION

EFFECTIVE

JULY 1, 2007 THROUGH JUNE 30, 2010

TABLE OF CONTENTS

Section 1. Recognition/Representation Unit
Section 2. Employee And Employer Rights
Section 3. Salary
Section 4. Senior Office Pay
Section 5. Hazardous Pay And Assignment Pay
Section 6. Hours Of Work
Section 7. Time Off Benefits For Shift Personnel
Section 8. Medical And Dental
Section 9. Life Insurance
Section 10. Beneficiary's Continuance
Section 11. Retiree Health Benefit
Section 12. Pers Employee's Contribution-Paid By City
Section 13. Pers Retirement Benefits
Section 14. Deferred Compensation
Section 15. Uniform Allowance
Section 16. Bilingual Skills Pay
Section 17. Court Time And Standby Pay
Section 18. Call-Back, Court "On Call", Court Call-Back
Section 19. Tuition Reimbursement
Section 20. Educational Incentive
Section 21. Vacation
Section 22. Holidays
Section 23. Sick Leave
Section 24. Work Related Disability Leave
Section 25. Bereavement Leave
Section 26. Overtime
Section 27. Compensatory Time
Section 28. Training Time
Section 29. Time Off - Association President
Section 30. Safety Equipment
Section 31. Disability Discrimination
Section 32. Grievance Procedure
Section 33. Other Provisions Not Covered Here
Section 34. Notice Of Future Meet And Confer
Section 35. Separability
Section 36. Term
Appendix A - Salary Ranges

MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA
AND WEST COVINA POLICE OFFICERS' ASSOCIATION

PREAMBLE
In the interest of maintaining harmonious and stable relationships between the City of West Covina (hereinafter City) and employees represented by the West Covina Police Officers' Association, (hereinafter referred to as the "Association"), representatives of management for the City and representatives of the Association have met and conferred in good faith regarding wages, hours, fringe benefits, and other terms and conditions of employment for employees represented by the Association.

The representatives have reached an understanding as to recommendations to be made to the City Council for the City of West Covina and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will provide for the changes in wages, hours, fringe benefits, and other terms and conditions of employment effective July 1, 2007, (except as otherwise stated herein) and continue through the term of the MOU.

SECTION 1. RECOGNITION/REPRESENTATION UNIT

The City hereby recognizes the West Covina Police Officers' Association for the term of the Memorandum of Understanding, notwithstanding any ordinance, resolution, rule, or regulation to the contrary as the majority representative of the employees in the bargaining unit, which consists of Police Officers, Police Corporals, and Police Sergeants, subject to the right of an employee to represent himself/herself. The recognition requirements of Rule XVI, Section 16.3 of the Personnel Rules, City of West Covina, are waived for the term of this Memorandum. It is further agreed that during the term of this Memorandum of Understanding, no class will be removed from the bargaining unit except upon mutual agreement of the City and Association.

SECTION 2. EMPLOYEE AND EMPLOYER RIGHTS

The parties hereto agree that except as stated herein, this agreement does not in any manner abridge, modify or restrict the rights and prerogatives of the employees and the City as set forth in the West Covina Municipal Code. It is understood that these rights and prerogatives of the City include but are not limited to determinations as to levels of service, manning requirements, work schedules, overtime assignments and approval, number and location of work stations, nature of work performed, contracting for any work for operations, employee performance standards, including but not limited to quality and quantity standards and reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of city services.

SECTION 3. SALARY

A. Preamble
In an effort to maintain competitive salaries, the City and the Association will cooperatively join in the process of developing new programs, determining new revenue sources, and ways of delivering services in a more cost effective manner. Participation by the employees shall play a significant role in achievement of productivity and program goals resulting in agreed upon periodic adjustments to salary.

B. Salary Increase - July 1, 2007 through June 30, 2008
Effective the first day of the pay period beginning on or after July 1, 2007, all classifications in the unit shall receive a six percent (6%) salary increase above their classifications' current assigned salary range which was in effect in the salary range scheduled on June 30, 2007. This increase will be paid retroactively, as soon as possible after full execution and adoption of this Memorandum of Understanding by the City Council.

C. Salary Increase July 1, 2008 through June 30, 2009
Effective the first day of the pay period beginning on or after July 1, 2008 all classifications in the unit shall receive a six percent (6%) salary increase above their classifications' current assigned salary range which was in effect in the salary range schedule June 30, 2008.

D. Salary Increase July 1, 2009 through December 31, 2009
Effective the first day of the pay period beginning on or after July 1, 2009, all classifications in the unit shall receive a two and one-half percent (2_%) salary increase above their classifications' current assigned salary range which was in effect in the salary range schedule on June 30, 2009.

E. Salary Increase January 1, 2010
Effective the first day of the pay period beginning on or after January 1, 2010, all the classifications in the unit shall receive a two and one-half percent (2_%) percent salary increase above their classifications current assigned salary range which was in effect in the salary range schedule on December 31, 2009.

F. Shift Salary Reconciliations
Salary rates for police shift personnel are based on a 37_ hour work week with the condition that at the end of each month the employee will owe the City 10 hours to be reconciled in the following manner and order:

1. Reduction of straight time pay.
2. Reduction in court-on-call pay at the rate of 3 hours per each on-call status.
3. Reduction in time and one-half pay.
4. If the employee is unable to reconcile the 10 hours (4 hours) as stated above, and the employee has 4 or more hours that remain to be reconciled, he/she may work an additional day to reconcile the time.
5. If an employee does not want to work an additional day or has less than 4 hours to reconcile at the end of the month he/she may use vacation or compensatory time.

G. Effective Date of Step Increases and Extra Compensation
Effective the first day of the pay period on or after July 1, 2008, all step increases and extra compensation shall be made effective at the start of the next regular pay period.

SECTION 4. SENIOR OFFICER PAY

Effective the first day of the pay period beginning on or after July 1, 2007, and in recognition of continuous sworn service, the City shall provide retroactively to the first day of the pay period beginning on or after July 1, 2007 additional compensation for years of service as follows:

10 years of service: 2% of base salary
15 years of service: 3% of base salary
20 years of service: 4.5% of base salary
25 + years of service: 7% of base salary

In order to receive that aforementioned additional monthly compensation the Employee must demonstrate that the years of service were as a sworn police officer.

SECTION 5. HOURS OF WORK

1. Effective the first day of the pay period beginning on or after July 1, 2009, unit employees assigned to motors (motorcycles) shall receive 5% of base salary pay, except as noted in Section 5E.
2. Effective the first day of the pay period beginning on or after July 1, 2009, unit employees assigned to K-9 duty shall receive 5% of base salary, except as noted in Section 5E.
3. Effective the first day of the pay period beginning on or after July 1, 2009, unit employees assigned to Detective duty shall receive 2.5% of base salary pay, except as noted in Section 5E.
4. Effective the first day of the pay period beginning on or after July 1, 2009, unit employees assigned to SWAT (Special Weapons and Tactics)detail shall receive 2.5% of base salary pay, except as noted in Section 5E.
5. Exceptions to Hazardous and Assignment Pay - (Sections 5A through D, above) - All members will not be entitled to accumulate or multiply their percentage increase of base salary pay compensation above the highest percentage qualified for any one group or assignment. Example: If a member is service on a SWAT and as a Detective, he/she will only qualify for a 2.5% increase. This additional compensation only applies to members while serving in the above listed assignments. The additional compensation shall not continue after reassignment to another non-qualified assignment, and shall be relinquished upon the date of separation, honorable, dishonorable or otherwise, from the detail.

SECTION 6. HOURS OF WORK

A. Work Shifts
Daily hours of work or shifts for employees within departments shall be assigned by department heads as required to meet the operational requirements of said departments. The normal work shift for non-public safety employees and certain designated safety employees may be eight hours per day, nine hours per day, ten hours per day, twelve hours per day, or twelve and one-half hours per day as determined by the department.

B. Work Schedule Pay Backs
For employees covered by the 7(b) or 7(k) exception to the Fair Labor Standards Act (FLSA), on the 3/12 or 3/12_ work schedule, work performed in excess of the normal daily work shift will be paid at the straight time rate of pay, until the employee has reconciled the hours owed to the City. Once the employee has reconciled the hours owed to the City, the remaining overtime worked is paid at time and one-half.

C. Work Weeks
The City has established different FLSA work weeks to correspond to the various work schedules as follows:

1. Police Representation Unit
28 day work period of 171 hours. (7(K) exception of FLSA)

2. 5/8 and 4/10 Work Schedule 7 day work period of 40 hours that begins on Sunday at 12:00 A.M. and ends on Saturday at 11.59 P.M.

SECTION 7. TIME OFF BENEFITS FOR SHIFT PERSONNEL

Holidays, vacations, sick leave, and other similar "time off" benefits granted City employees by these rules will be provided to all employees at the rate of eight (8) hours regardless of actual length of work day/shift.

SECTION 8. MEDICAL AND DENTAL INSURANCE

A. City's Monthly Medical Insurance Premium Contribution
The City shall contribute an amount equal to the Kaiser Full Family monthly premium rate to offset the unit employee cost of medical (health) insurance premiums for eligible employees. Survivor continuance will comply with CalPERS regulations.

B. Employees Monthly Medical Insurance Premiums Contribution
The difference of any medical insurance plan premium rates which are higher than the Kaiser Full Family rate, shall be paid by any unit employee who is enrolled in a medical insurance plan which is higher than the Kaiser full family.

C. Medical Insurance Cap
The maximum monthly amount unit employees may choose to use towards the City's payment for: medical premiums, dental premiums, deferred compensation, or cash out in lieu of only medical premiums shall be capped at six hundred dollars ($600) per month. Any cost paid by the City above the six hundred dollars ($600) cap can only be used for monthly medical premiums.

D. Dental Insurance
Effective the first day of the month following execution of this agreement, the City shall provide up to $53.28 per month to offset the cost of dental insurance.

E. Retired Employees - Dental Insurance
The City shall permit retirees to participate at their own cost, and at no cost to the City, in the City's group dental plan, if permissible under the current plan.

F. VISION PLAN
Effective the first day of the month following execution of this agreement, the City shall pay up to $40.04 per month for Vision Plan for employees and eligible dependents.

SECTION 9. LIFE INSURANCE

A. Policies

1. The City shall provide all unit employees a term life insurance policy in the amount equal to one-half of their annual salary.
2. The City will also provide a $100,000 life insurance if killed in the line of duty.
3. The City will also provide an additional $10,000 Life and AD&D (Accidental Death & Dismemberment).

SECTION 10. BENEFICIARY'S CONTINUANCE

A. In the Line of Duty

If a sworn employee is killed in the line of duty, while engaged in official police business, the decedent's spouse and/or dependents, if not provided with an employer-paid health insurance program equal to the City of West Covina program, shall be eligible for City payment of City-provided medical (health) insurance, subject to the following:

1. Said spouse and/or dependents must have been covered by City-provided medical (health) insurance program at the time of the employee's death.
2. Payment for medical (health) insurance shall be terminated upon remarriage of the affected spouse; or in the case of dependent children, on their reaching the age of majority or upon being adopted.
3. Maximum monthly amount payable under this program shall not exceed the amount available to existing employees for the purpose of health insurance.

B. Term of Program
The term of this program shall not exceed ten years from the date of such employee's death.

SECTION 11. RETIREE HEALTH BENEFIT - CITY'S MONTHLY CONTRIBUTION

A. City Contribution Amount

1. Effective July 1, 2007, the City shall contribute towards the payment of health insurance premiums for eligible retirees $550 per month. Effective July 1, 2008, the City shall contribute an amount equal to the Kaiser Employee + 1 monthly premium rate to offset the Association employee cost of retiree medical (health) insurance premiums for eligible retirees. Association employees must have a minimum of five (5) years of sworn service with the City of West Covina Police Department. Survivor continuance will comply with CalPERS regulations.
2. These changes will be effective through enacting a resolution pursuant to the Public Employees Retirement System (PERS) requirements and procedures.
3. It is understood that the contributions hereinabove set forth are due and payable to defer the cost of retired members' medical insurance premiums. If a retired member should select an insurance carrier other than a carrier selected by the City, the contributions up to the Kaiser Employee + 1 Los Angeles Area Region Rate shall be made to the employee upon proof of the selected insurance carrier's premium.

SECTION 12. PERS EMPLOYEE'S CONTRIBUTION - PAID BY CITY

The City shall pay the entire nine percent (9%) member contribution to the Public Employees Retirement System on behalf of the unit members (Employer Paid Member Contribution, "EPMC") and report the value of the EPMC as compensation to PERS.

SECTION 13. PERS RETIREMENT BENEFITS

The contract between the City and Public Employees' Retirement System (PERS) shall provide the following benefits for unit employees:

A. Unused Sick Leave
Unused accumulated sick leave may be converted to additional service credit at the time of retirement pursuant to PERS Section 20862.8.

B. One Year Final Compensation
Retirement benefits shall be computed using the One-Year Final Compensation Option pursuant to PERS Section 20024.2.

C. 3% @ 50
Safety employees' three percent (3%) at age 50 benefit formula, pursuant to PERS Section 21363.1.

D. 4th Level Survivor Benefits
Level IV of 1959 Survivor Benefits pursuant to PERS Section 21574.

E. Military Buy Back
Military service credit as public service credit pursuant to PERS section 21024.

F. Post-Retirement Survivor Continuance
Post-Retirement Survivor Continuance benefit pursuant to PERS Sections 21263 and 21263.1.

G. Pre-Retirement Optional Settlement 2 Death Benefit
Pre-Retirement Optional Settlement 2 Death Benefit pursuant to PERS Section 21548.

H. Pre-Retirement Death Benefit After Remarriage of Survivor
Pre-Retirement Death Benefit After Remarriage of Survivor pursuant to PERS Section 21551.

SECTION 14. DEFERRED COMPENSATION

Effective July 14, 2007, the City will contribute for each unit employee 2.5% of base salary to a Deferred Compensation Plan. The employees shall select the deferred compensation plan from a list of plans provided by the City.

SECTION 15. UNIFORM AND MAINTENANCE ALLOWANCE - In Lieu of Issuance

A. Allowance and Payment

1. The annual uniform and maintenance allowance shall be nine hundred dollars ($900) and the annual payment will be made in January of each calendar year.
2. Effective January 1, 2010, the annual uniform and maintenance allowance shall increase to one thousand ($1,000) dollars.
3. If a unit employee receiving such payment terminates during the course of that year, the uniform allowance will be adjusted for those months served and the balance will be deducted from the final paycheck for that employee.

B. Newly Hired Police Officers
The City agrees to provide newly hired police officers with one regulation uniform and the annual uniform allowance is prorated based upon date of hire.

SECTION 16 BILINGUAL SKILLS PAY

A. Eligibility and Compensation
Unit employees with bilingual skills shall receive one hundred dollars ($100) per month provided they possess and are using a language skill necessary for effective communication within the community, are assigned by the Police Chief, and have been certified by Human Resources.

B. Language Skills
The Police Chief shall determine the language skills necessary to effectively conduct police business and activities with the citizens of the community, subject to approval of the City Manager.

C. Certify Through Testing
Human Resources Department shall certify, through testing, that the employee has a basic fundamental conversational skill level.

D. Limitations
Only one (1) bilingual allowance will be paid to an employee regardless of the number of certified languages.

SECTION 17. CALL-BACK, COURT "ON-CALL" AND COURT CALL-BACK.

A. Call-Back - "Non Court Time"

1. Call-back is unscheduled time worked, performed by an off duty unit employee called back to work after they have completed their regular work schedule and have left work or are on their day off.

2. Unit employees must physically return to the worksite in order to receive call-back pay. Travel time to work and returning home shall not be counted as time worked.

B. Court "On-Call"

1. Court "on-call" is when a unit employee is subpoenaed and placed on on-call" during their assigned off duty non-work time.

2. "On-call" is for subpoenas for job-related matters only.

C. Court Call-Back

1. Court Call-Back Time shall be defined as non-contiguous work hours performed by an off duty unit employee called back to work after they have completed their regular work schedule or are on their day off for time spent.

2. Court call-back time shall be for time spent pursuant to a subpoena to appear in the performance of the unit employee's duty.

SECTION 18. COMPENSATION - CALL-BACK, COURT "ON-CALL", AND COURT CALL-BACK

A. Call-Back Compensation
Unit employee shall be paid at time and one half (1 _) with a two (2) hour minimum for call-back time, which fall within their normal off duty period.

B. Court "On-Call" - Compensation

1. For each court day a unit employee is placed "on-call" by the Courts, the City shall pay the eligible employee one hundred fifty dollars ($150) per court day, provided such "on-call" occurs beyond the employee's regular assigned work shift.

2. The one hundred and fifty dollars ($150) payment will be the maximum paid to any sworn unit employee for all "on-call" assignments per court day, except when additional compensation is authorized by the Police Chief.

C. Call-Back Court Time Compensation

1. Time spent in court by a unit employee beyond their regular scheduled work shift will be paid at time and one half (1 _) their regular hourly rate of pay with a two (2) hour minimum guarantee.

2. Effective January 1, 2006, the minimum guarantee for call-back court time shall increase from two (2) hours to four (4) hours.

3. If the minimum carries into the unit employee's scheduled work hours, overtime will be paid for the time up to the start of the scheduled work period of the unit employee.

Example: Police Officer Smith is subpoenaed to appear in court at 1200 hours and is scheduled to start work at 1430 hours. Officer Smith would be eligible for overtime compensation of two and one half (2 _) hours of overtime at time and one half of his regular hourly rate of pay.

SECTION 19. TUITION REIMBURSEMENT PROGRAM

A. Maximum Reimbursement
For the period of July 1, 2007 through June 30, 2009, unit employees' maximum annual tuition reimbursement (including books) shall be one thousand ($1,000) dollars per fiscal year.

Effective July 1, 2009, unit employees' tuition reimbursement (including books) shall be paid up to the equivalent of yearly costs for seven (7) units of the California State University Los Angeles (CSULA) cost.

B. Administrative Policy
The specific details of the Tuition Reimbursement Program is set forth in the City's Administrative Policy approved on August 13, 1992, and amended thereafter.

SECTION 20. EDUCATIONAL INCENTIVE

Employees represented by the Association shall be eligible for the following educational incentives following the month in which the degree or certificate is obtained:

A. Associate of Arts Degree or equivalent (60 semester or 90 quarter units):


B. Advance Post:




C. Associate of Arts Degree or equivalent plus Advanced POST Certificate:




D. Bachelor's Degree:




E. Bachelor's Degree plus Advanced POST Certificate:




F. Master's Degree:




G. Master's Degree plus Advanced POST Certificate:




SECTION 21. VACATION

A. Use

1. New Employees - Upon completion of six (6) consecutive months of service, may be credited with one-half of the annual earnings and may begin using such accrual. Thereafter, employees may use vacation as they complete each month of service.
2. It is the policy of the City that where possible, vacation be taken in the year earned. Upon approval of the department head, vacation leave may be accumulated to the maximum levels set forth on the table in Section B. below.
3. The time during the year at which an employee may take his/her vacation shall be determined by the appointing authority of such employee with due regard to the wishes of the employee and particular regard for the needs of the service.
4. If a holiday falls within a scheduled vacation period, eight (8) additional hours of vacation shall be granted.
5. The Division Managers shall fix vacation periods for department heads.

B. Vacation Leave Earned and Accumulated

Effective July 1, 2008, eligible employees shall earn and accumulate to a maximum vacation leave as follows:



*After completion of 60 months of service, forty (40) additional hours vacation shall be granted.

C. Limitation - Vacation Leave Accrual

1. Employees shall not be allowed to accrue vacation leave beyond the stated maximums.
2. No employee shall lose earned vacation leave because of work urgency as approved by management. Work urgency is defined as the department's need to have the employee at work to perform duty assignments for a specified period of time.
3. If an employee has reached the maximum allowed unused vacation leave balance, and is unable to take vacation leave due to work urgency, industrial injury, extended medical leave, special or pre-scheduled leave as authorized by management, the Human Resources Director will approve a waiver of the maximum allowed unused balance for a period not to exceed six (6) months per fiscal year.

D. Lateral Entry Employees
Any person employed on the lateral entry program at a salary in excess of the beginning salary fixed for the class and who has completed five years of service with a prior employer, performing the same or similar duties shall be eligible for 120 hours vacation leave with pay upon the completion of eighteen months of service with the City. Thereafter, for the purpose of computing the employee's future vacation he/she shall be deemed to have completed sixty months of service.

E. Availability
Upon completion of six (6) consecutive months of service, new employees may be credited with one-half of the annual vacation accruals and may begin using such accrual.

F. Special Payment
Upon request of the employee and the department head and with the approval of the City Manager, in order to address unusual or emergency conditions, an employee may be paid the straight time daily equivalent of his/her salary in lieu of vacation time off. Such payment shall be for no more than forty (40) hours in any one calendar year.

G. Advance Payment of Vacation
Any employee who is authorized to take forty (40) or more hours of vacation with pay at one time may apply for the payment of salary in advance for any pay period occurring during the period of the employee's authorized vacation. The application must be approved by the employee's Department Head and filed with the Finance Director at least seven (7) days before the vacation period for which the salary advance is requested. In cases of extreme emergency where the employee is unable to give the required notice, approval for an advance vacation check may be given where such request can be justified to, and approved by, the Department Head, Division Manager, and Finance Director.

SECTION 22. HOLIDAYS

A. Class I Holidays
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Holidays will be provided to all employees at the rate of eight (8) hours except non-shift employees in the unit who work the 4/10 schedule who shall be paid 10 hours for each holiday.

B. Class II Holidays

1. Shift Employees
Martin Luther King's Birthday, Lincoln's Birthday, Washington's Birthday, Admissions Day, Veteran's Day and the day after Thanksgiving.

2. Non-Shift Employees
Washington's Birthday and the day after Thanksgiving for employees on the 4/10 work schedule shall be paid at 10 hours for each holiday. The remainder of the holidays listed in Section 20, B.1 will be discontinued and instead employees will accrue 16 hours of compensatory time.

C. Observation of Saturday and Sunday Holidays
For those employees whose normal work week is Monday through Friday, when a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday falls on a Saturday, the preceding Friday shall be deemed the holiday in lieu of the day observed. For all other employees, when a holiday falls on a regularly scheduled day off, the employee shall be entitled to straight time compensation for the holiday. This compensation can be taken either as compensatory time or pay, at the discretion of the employee.

SECTION 23. SICK LEAVE

A. Allowance/Accumulation
Following completion of thirty (30) calendar days of continuous full-time service, each City employee paid upon a monthly basis shall be allowed eight (8) hours of credit for sick leave pay. Thereafter, for each calendar month of service in which the employee has worked or has been paid for more than two-thirds (2/3) of the actual number of working days of such month, he/she shall be allowed eight (8) hours of credit for sick leave with pay. Unused sick leave may be accumulated without limit.

B. Lateral Entry Sick Leave
Any person employed by the City for full-time service on the Lateral Entry Program at a salary in excess of the beginning salary fixed for the class and who, at the time of his/her employment, had accumulated unused full pay sick leave by virtue of his/her employment by another public entity, shall be given credit for that accumulated full pay sick leave as if it had been earned in the full-time service of the City of West Covina.

C. Reinstatement of Sick Leave
Any employee who is reinstated under the provisions of these rules shall be given full credit for his/her unused accumulated sick leave at the time of termination, provided, however, that no payoff for accumulated sick leave was received upon termination.

D. Use of Sick Leave

1. Approval
Sick leave can only be granted, except as otherwise provided for in this MOU, upon the approval of the concerned appointing power or his/her designee in the case of bona fide illness or injury of the employee or in the event of the serious illness or death of a member of the employee's immediate family.

2. Immediate Family
No more than forty eight (48) hours of sick leave within any calendar year may be granted to an employee for the care of attendance upon members of his/her immediate family, and not more than forty eight (48) hours of sick leave within any calendar year may be granted to an employee for each absence due to death of his/her immediate family. The phrase "immediate family" is construed to mean the husband, wife, parent, brother, sister, child, and a grandparent or grandchild, if residing within the home or within the same place of residence of the officer or employee.

E. Sick Leave Pay-Off Upon Termination
Employees in the Police representation unit, upon death, retirement, or voluntary termination, shall be paid one-third (1/3) of their accumulated and unused sick leave up to a maximum of four hundred (400) hours provided, however, that no eligibility for payoff of unused sick leave exists for employees terminating prior to three (3) years of full-time employment with the City.

F. Sick Leave Annual Payoff Program
The employee sick leave annual payoff program shall be administered as follows:

1. By November of each calendar year, the City will determine the amount of unused sick leave for each regular employee.
2. The maximum amount of sick leave hours cashed each calendar year at the employee's hourly rate is forty (40) hours.
3. Each employee must carry over to a sick leave "bank" a minimum of fifty-six (56) current year unused hours in December, and may request cash payment for any hours above fifty-six (56) current year unused hours or may add it to the sick leave bank.
4. Sick leave used by an employee during each calendar year will be charged against the employee's current year earnings.
5. If fifty-six (56) hours per calendar year of unused sick leave are not available, the number of unused hours must be carried over to the sick leave bank.
6. To qualify for this program, employees shall not be allowed to change sick leave to other forms of paid leave upon return to work.

SECTION 24. WORK RELATED DISABILITY LEAVE

The City will recognize applicable current Workers' Compensation Law regarding injury/illness arising out of and in the course of job duties.

SECTION 25. BEREAVEMENT LEAVE

Forty (40) hours of said leave per calendar year will be available to an employee in the event of the death of said employee's grandparent, parent, spouse, child, stepchild, brother, or sister. The program is supplemental to the current sick leave program.

SECTION 26. OVERTIME

A. Policy
It is the policy of the City of West Covina to avoid the necessity for overtime work whenever possible. However, when overtime is necessary and approved by the department head, payment will be at time and one-half (1_) for all hours worked in excess of the normal daily work shift. Vacation, sick leave, holidays, jury duty and compensatory time off shall be considered hours worked.

B. Compensation at Time and One Half
Subject to approval of the employee's supervisor, all overtime worked, shall be compensated at the rate of time and one-half. Supervisory approval of time and one-half shall not be withheld unless the overtime was made necessary by the employee's intentional neglect of customary duties.

SECTION 27. COMPENSATORY TIME

A. Compensation
Subject to approval of the employee's supervisor, all overtime worked, shall be compensated at the rate of time and one-half (1_), or credited as compensatory time at time and one-half (1_).

B. Limitations
Supervisory approval of time and one-half shall not be withheld unless the overtime was made necessary by the employee's intentional neglect of customary duties.

C. Maximum Accumulation
In the absence of the approval of the Chief of Police, the maximum amount of compensatory time, which may be accumulated by any one employee, shall be sixty (60) hours. Effective July 1, 2008, the amount shall increase by forty (40) hours, to a maximum of one hundred (100) hours. Upon request and after approval of the Chief of Police the one hundred (100) hours accumulation may be increased.

SECTION 28. TRAINING TIME

For purposes of the time and one-half (1_) provisions of the compensatory time program, time spent in POST mandated training shall be treated as hours worked provided that, at the option of the employee, such time may be paid at a straight time rate. "POST mandated training" shall be defined as including the annual in-service officer training program. Effective July 1, 2008, any training hours over the 40-hour work week, will be paid at time and one-half (1_), or credited as compensatory time and one-half (1_).

The Police Department shall maintain its current policies related to training time, including the following:

• For unit employees on the 3/12 workweek, a one-day school (training time) in lieu of a normally scheduled workday will count as 10 hours of time worked, leaving a balance of 2 1/2 hours. The employee will work this out with his immediate supervisor in the form of comp., vacation, or time worked.
  
  
• For unit employees on the 4/10 workweek, a one-day school (training time) in lieu of a normally scheduled workday will count as 10 hours of time worked.
  
  
• Schools (Training time) on an employee's day off are paid at 8 hours overtime (time and one-half).
  
  
• A week-long school will be considered as the employee's normal work week and generally no overtime will be generated, except for covering the employee's normal shift. If the employee's scheduled workweek does not coincide with the dates of the school, (e.g., weekends), the employee may work his scheduled shift, as possible and with supervisory approval, and the training time shall be compensated at the rate of 8 hours a day at time and one-half.

SECTION 29. TIME OFF-ASSOCIATION PRESIDENT

The President of the Association shall be given reasonable time off with pay where necessary to perform duties on matters within the scope of the Association's representation of its employee members subject to such terms and conditions mutually agreed upon by the President and the Chief of Police.

SECTION 30. SAFETY EQUIPMENT

A. City Issued Safety Equipment
The City will provide all employees in the classifications represented by the Police Association the following items of safety equipment under the following conditions:

1. Sam Browne belt and keepers straps; ammunition pouch; one box of live ammunition per year, as well as range ammunition as required; holster; weapon as required; gas mask as required; handcuffs and case; baton and ring; helmet; mace and mace holder; face shield; flashlight with batteries and holder; key holder; whistle; raincoat; rain boots.
2. With respect to present employees, the foregoing equipment shall be replaced or repaired at the City's expense upon certification by the West Covina Police Department that the equipment was lost, destroyed, worn out, or damaged in the line of duty.

B. Limitations

1. Specific required items of safety equipment need not be furnished to those employees who are not required to use such equipment in the line of duty.
2. All equipment furnished by the City shall be and remain the property of the City and shall be returned to the City of West Covina upon termination of active employment in the West Covina Police Department, or upon transfer to duties where said equipment is not required or needed.

SECTION 31. DISABILITY DISCRIMINATION

A. City Policy
The City's policy shall be to make such efforts as are consistent with federal and state laws to place physically or mentally disabled employees in such positions that can be made available in the City service where their disabilities will not affect the performance of their duties. This policy will extend to all terms, conditions and privileges of employment.

The Americans With Disabilities Act (ADA) requires accommodation for individuals on a case by case basis. Prior to the City providing an accommodation which would be contrary to negotiated agreements, the City shall provide written notice of intent to disregard provisions and shall meet and confer over options prior to implementation.

The City has a legal obligation to meet with individual employees as necessary to discuss possible accommodation before any adjustments are made to working conditions. The Association shall be notified prior to the implementation of proposed accommodations by the City, which affects an employee or group of employees within their respective bargaining unit. Accommodations provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of past practice in any grievance process.

B. Limitations
No employee shall hold any position in a class where such individual poses a risk to the health or safety of the individual or others.

SECTION 32. GRIEVANCE PROCEDURE

Refer to Personnel Rule XV, Grievance and Complaint Procedure, Sections 15.1-15.6.

SECTION 33. OTHER PROVISIONS NOT COVERED HERE

All present written rules, established practices, employee rights, privileges and benefits that are subject to Meet and Confer shall remain in full force and effect unless specifically altered by the provisions of this Memorandum of Understanding or changed subsequent to completion of any required Meet and Confer processes.

SECTION 34. NOTICE OF FUTURE MEET AND CONFER

If the Association desires to meet and confer with representatives of the City of West Covina concerning improvements or changes in wages, hours, or other conditions of employment for the employee members represented by the Association which would take effect on or after July 1, 2010, the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 2010.

SECTION 35. SEPARABILITY

It is understood and agreed that this Memorandum of Understanding is subject to all present and future federal and state laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect.

SECTION 36. TERM

The term of this Memorandum Of Understanding shall be effective July 1, 2007 through midnight June 30, 2010.

APPENDIX A. SALARY RANGES



PARTIES TO THE AGREEMENT


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