21-1101RESOLUTION NO. 21-1101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING A TENTATIVE AGREEMENT AND THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE MENIFEE POLICE MANAGEMENT
ASSOCIATION AND THE CITY OF MENIFEE FOR THE PERIOD OF JULY 1, 2021
THROUGH JUNE 30, 2024
WHEREAS, the City Council passed Resolution No. 18-739 directing and authorizing formation
of a municipal police department for the City of Menifee; and
WHEREAS, the City of Menifee ("City") formally began operations of its municipal police
department on July 1, 2020 at 12:OOa.m.; and
WHEREAS, the City has formally recognized the Menifee Police Management Association
("MPMA") as the exclusive employee organization for the police managers and supervisors bargaining
unit; and
WHEREAS, this is the foundational Memorandum of Understanding between the City and the
MPMA and upon its adoption, shall rescind and replace the Sworn Police Personnel Rules & Regulations;
and
WHEREAS, the City and MPMA have successfully met and conferred, and reached a tentative
agreement for a three-year MOU between the City and the MPMA members for the period of July 1, 2021
through June 30, 2024 pursuant to the Meyers-Milias-Brown Act ("MMBA")(Gov't Code Sections 3500-
3511); and
WHEREAS, MMBA Section 3505.1 provides that:
"If a tentative agreement is reached by the authorized representatives of the public agency
and a recognized employee organization or recognized employee organizations, the
governing body shall vote to accept or reject the tentative agreement within 30 days of the
date it is first considered at a duly noticed public meeting. A decision by the governing
body to reject the tentative agreement shall not bar the filing of a charge of unfair practice
for failure to meet and confer in good faith. If the governing body adopts the tentative
agreement, the parties shall jointly prepare a written memorandum of understanding"; and
WHEREAS, the City labor representatives and the MPMA representatives have also jointly and
concurrently prepared and signed, a proposed Memorandum of Understanding for the period July 1, 2021
through June 30, 2024, where once approved by the governing body of a local agency becomes a binding
agreement between the employee organization and the local agency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menifee, California as
follows:
Section 1. That the City Council approves the Memorandum of Understanding between the City and
Menifee Police Management Association for the period of July 1, 2021 through June 30, 2024, a fully
executed copy of which is provided herewith as Attachment 1 and by this reference made a part hereof.
Resolution Approving Menifee Police Management Association MOU 2021-2024
PASSED, APPROVED AND ADOPTED this 17th day of November, 2021
BillZimmn r ,Mayor
Attest:
arah . Manwaring, City Clerk
Approved as to form:
Je ey . Melching C Attorney
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF MENIFEE
and
THE MENIFEE POLICE MANAGEMENT
ASSOCIATION
July 1, 2021 to June 30, 2024
MEMORANDUM OF UNDERSTANDING
THE CITY OF MENIFEE AND
THE MENIFEE POLICE MANAGEMENT ASSOCIATION
FOR THE PERIOD: July 1, 2021- June 30, 2024
SECTION 1. PARTIES TO THIS MEMORANDUM........................................................2
SECTION 2.
PREVAILING CONDITIONS......................................................................2
SECTION 3.
REPRESENTED POSITIONS......................................................................2
SECTION 4.
BARGAINING WAIVER.............................................................................2
SECTION 5.
MAINTENANCE OF EXISTING BENEFITS.............................................2
SECTION 6.
SEVERABILITY...........................................................................................3
SECTION7.
TERM............................................................................................................3
SECTION 8.
PARTIES TO THIS MEMORANDUM........................................................3
SECTION 9.
PROBATIONARY PERIOD.........................................................................3
SECTION 10.
VOLUNTARY DEDUCTIONS....................................................................3
SECTION 11.
CITY RIGHTS...............................................................................................3
SECTION 12.
MANAGEMENT RIGHTS...........................................................................4
SECTION 13.
DONNING AND DOFFING.........................................................................4
SECTION 14.
NO STRIKE PROVISIONS..........................................................................5
SECTION15.
DEMOTIONS................................................................................................5
SECTION 16.
LAYOFF PROCEDURES.............................................................................5
SECTION 17.
TOTAL COMPENSATION..........................................................................6
SECTION 18.
GRIEVANCE PROCEDURES.....................................................................6
SECTION 19.
DISCIPLINARY AND APPEALS PROCEDURES.....................................8
SECTION 20.
WORK PERIOD ... ........................................................................................
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SECTION 21.
OFF DUTY EMPLOYMENT.......................................................................12
SECTION22.
SALARIES....................................................................................................13
SECTION 23.
OTHER COMPENSATION..........................................................................14
SECTION 24.
VACATION LEAVE.....................................................................................16
SECTION25.
SICK LEAVE................................................................................................18
SECTION 26.
HOLIDAY LEAVE.......................................................................................19
SECTION27.
LEAVES........................................................................................................20
SECTION 28.
INSURANCE AND RETIREMENT BENEFITS.........................................21
SECTION 29.
EXEMPT EMPLOYEES...............................................................................22
SECTION 30.
EDUCATIONAL/POST CERTIFICATE ACHIEVEMENT ........................22
SECTION 31.
UNIFORM ALLOWANCE...........................................................................23
SECTION 32.
TUITION REIMBURSEMENT....................................................................24
SECTION 33.
SUBSTANCE ABUSE POLICY...................................................................25
SECTION 34.
DEFERRED COMPENSATION..................................................................25
SECTION 35.
RETENTION/RECRUITMENT INCENTIVE.............................................25
SECTION 36.
COMPUTER LOAN PROGRAM.................................................................26
SECTION 37.
REOPENERS.................................................................................................26
SECTION 38.
RATIFICATION AND IMPLEMENTATION.............................................26
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MEMORANDUM OF UNDERSTANDING
THE CITY OF MENIFEE AND
THE MENIFEE POLICE MANAGEMENT ASSOCIATION
FOR THE PERIOD: July 1, 2021— June 30, 2024
SECTION 1. PARTIES TO THIS MEMORANDUM
This Memorandum of Understanding ("MOU" or "Agreement") is made and entered into by and
between the City of Menifee, a municipal corporation ("CITY"), and the Menifee Police
Management Association ("Association") pursuant to California Government Code Section 3500
et seq.
SECTION 2. PREVAILING CONDITIONS
This MOU, and any and all side letters to this Agreement, sets forth the entire agreement between
the parties hereto, and all negotiated benefits in this Agreement shall remain in full force and effect,
unchanged during the term of this Agreement unless altered by mutual written agreement.
This MOU, having been agreed to in good faith by the parties hereto, shall prevail in the event of
conflict between its terms and the terms of any federal, state or local rules and regulations.
SECTION 3. REPRESENTED POSITIONS
The following positions are covered by this Agreement: Police Sergeant, Police Lieutenant and
Police Captain.
SECTION 4. BARGAINING WAIVER
The parties acknowledge that, during the negotiations that resulted in this Agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any subject or
matter not removed by law from the area of collective bargaining regarding the employees covered
by this Agreement and that the understandings and agreements arrived at by the parties hereto after
the exercise of that right and opportunity are fully set forth in this Agreement.
SECTION 5. MAINTENANCE OF EXISTING BENEFITS
During the term of this MOU, the specifications included within this specific MOU shall remain
unchanged unless and until modified by mutual agreement between the parties. Therefore, any
matters within the scope of representation that are not specifically provided for in this particular
MOU, shall be subject to modification or elimination during and/or after the term of this MOU,
upon either mutual agreement of the parties or by means of unilateral action taken by the City
Council, but only after completion of the meet and confer process and any applicable impasse
procedure having been previously implemented by the City.
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SECTION 6. SEVERABILITY
Should any portion of this Agreement be found to be inoperative, void or invalid by a court of
competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect
for the duration of this MOU.
SECTION 7. TERM
This Agreement shall become effective July 1, 2021 and shall remain in effect until June 30, 2024.
SECTION 8. ANNIVERSARY DATE
An employee's anniversary date shall be the date of most recent appointment by the CITY.
An employee who is involuntarily terminated by the CITY but who is ordered reinstated by a court
or other reviewing body, shall be restored to his/her former seniority with the appropriate benefit
accrual formula.
SECTION 9. PROBATIONARY PERIOD
All employees appointed to a position represented by the Association shall serve a 12- month
probationary period. The probation period shall be considered a part of the examination and
selection process and shall not include the time served under any limited service or provisional
appointment but shall date from the time of appointment to a regular position. All such employees
shall receive performance evaluations no less than at the end of the twelfth (12th) month of the
probationary period.
SECTION 10. VOLUNTARY DEDUCTIONS
As a convenience to employees, the CITY will, upon submission to the Finance Department of
written authorization by the employee, make voluntary payroll deductions for Association dues
and will remit these deductions to the Association. Any voluntary deduction authorization may be
revoked at any time by the employee by submitting to the Finance Department a written request
to cancel any such deduction.
SECTION 11. CITY RIGHTS
The rights of the CITY include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other legitimate
reasons; maintain the efficiency of governmental operations; determine the methods, means and
personnel by which government operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its mission in emergencies; exercise complete
control and discretion over its organization and the technology of performing the work; and all the
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rights, powers and authority exercised or held by it prior to this MOU, except as expressly limited
by this Agreement.
SECTION 12. MANAGEMENT RIGHTS
The rights of MANAGEMENT include, but are not limited to, set standards and level of services;
determine the procedures and standards of selection for employment; assign work to and direct its
employees; determine the methods and means to relieve its employees from duty because of lack
of funds or other lawful reasons; determine the methods, means and numbers and kinds of
personnel by which City operations are to be conducted, including the right to contract or
subcontract bargaining unit work provided that the City will meet and confer in advance on the
impact of subcontracting on workload and safety and any other matter within the scope of
representation; determine methods of financing; determine the size and composition of the work
force and allocate and assign work by which the City operations are to be conducted; determine
and change the number of locations, relocations and types of operations, processes and materials
to be used in carrying out all City functions; make all decisions relating to merit, necessity or
organization of City service; discharge, suspend, demote, reprimand, or otherwise discipline
employees for just cause in accordance with applicable laws; establish employees performance
standards including but not limited to, quality and standards, and to require compliance therewith;
take necessary actions to carry out its mission in emergencies; and exercise complete control and
discretion over its organization and the technology of performing its work.
SECTION 13. DONNING AND DOFFING
The time spent donning and doffing authorized equipment shall be compensated at the member's
straight time rate or at an overtime rate when such time constitutes overtime under current City
overtime practices.
A member shall report to briefing at their regularly scheduled start time in their required uniform
of the day. The member will then be afforded up to fifteen (15) minutes to load their assigned
vehicle with their equipment. After the fifteen (15) minutes for donning, the member will report
back for formal briefing prior to going out on patrol. In the event of an emergency call or call
requiring immediate assistance, the member will forgo their donning time and be afforded that
time as soon as practical.
A member shall have up to the last fifteen (15) minutes at the end of each shift, including special
assignments, to unload their equipment from their assigned vehicle. If a member takes less than
fifteen (15) minutes to doff the authorized uniform and equipment, after having worked a regular
scheduled shift the member shall be required to remain in the workplace available for assignment
until the expiration of the regular scheduled shift. If a member takes less than fifteen (15) minutes
to doff the authorized equipment, after having worked an unscheduled shift, the Association
member's shift will end at that time and they shall record the ending time.
Members will be required to record the following information:
• Actual hours worked for each regular scheduled shift.
• All actual time taken as paid leave
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Any additional time during which work is performed, including work performed
outside the regular scheduled shift.
To ensure the accuracy of time records, each member to the best of their knowledge will sign a
statement attesting that the time and hours recorded are accurate and fully identify all time worked
during the pay period, including all time for donning and doffing of authorized uniforms and
equipment.
SECTION 14. NO STRIKE PROVISIONS
The Association, its officers, agents, representatives and/or members agree on behalf of themselves
and the employees in the bargaining unit that they will not cause or condone any strike, walkout,
work stoppage or work slowdown while this Agreement is in effect.
Any employee who participates in any of the conduct prohibited by this section shall be subject to
discipline up to and including termination by the CITY.
In the event of such activities, the Association shall immediately instruct any persons covered by
this MOU who are engaging in such conduct that they are violating this Agreement and to resume
performance of their job duties.
SECTION 15. DEMOTIONS
A represented employee who does not successfully complete probation and receive a permanent
appointment to a position to which the employee was promoted shall be permitted to return to the
position and status held prior to promotion.
A demoted employee shall be required to serve a probationary period in the lower classification
unless the employee completed probation in the lower classification.
SECTION 16. LAYOFF PROCEDURES
In the event of a reduction in the work force, the employee in the classification being reduced with
the least seniority in that class shall be laid off first.
No new employee shall be hired into the classification reduced within two years of the layoff until
all employees on layoff from the classification have been given the opportunity to return to work.
Such employees shall be rehired to the classification held at the time of the separation and in
reverse order of their layoff or demotion.
Seniority shall not accrue during periods of layoff.
Employees to be laid off shall be provided 21 days' advance written notice of the pending action.
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SECTION 17. TOTAL COMPENSATION
In order to attract and retain qualified sworn police employees, the CITY has endeavored (but is
not mandated) to maintain salaries and benefits that are comparable in the local market.
A. Definition. The combination of salaries and benefits is known as total compensation. CITY
and ASSOCIATION agree that total compensation shall consist of salary, shift differential,
insurance premiums (medical, dental, vision, life, long term disability, short term disability,
worker's compensation, FICA), leave accruals (vacation, sick, holiday, personal),
education/certificate pay, tuition reimbursement, uniform allowance, contributions to
cafeteria plan and/or Section 125 plan, PERS contributions, court pay and special
assignment pay.
B. Comparable Cities. CITY and ASSOCIATION agree that, when collecting information
regarding total compensation, the CITY and ASSOCIATION will agree upon the cities to
be surveyed by July 1, 2023. The benchmark position to be surveyed shall be police
lieutenant.
SECTION 18. GRIEVANCE PROCEDURES
A. Matters Subject to the Grievance Procedures. A grievance is a complaint by an
employee or the employee's association that the employee has been adversely affected due
to a misinterpretation or misapplication of this Agreement, any other work rules, conditions
of employment or regulations of the CITY or department or actions of management
regarding employee relations. Disciplinary actions are subject only to the provisions of the
disciplinary procedures section of this Agreement and are not subject to the procedures of
this section.
1. No punitive action will be assessed against an employee for utilizing the grievance
procedure.
2. In a hearing or meeting with the supervisor, department head or City Manager
called to resolve a grievance, a maximum of two employees, or Association
representatives, who may or may not include the grievant, may be excused from
work, with the exception of those called as witnesses when both parties agree they
are necessary to determine certain facts.
3. The preparation of grievances shall not unreasonably interfere with the employees'
regularly assigned duties.
4. At any stage of the grievance process, both parties are entitled to representation.
B. Informal Grievance Procedures. Every effort shall be made to resolve a grievance
through discussion between the employee, and/or the employee's designated representative
and the employee's immediate supervisor. If, after such discussion, the employee does not
feel the grievance has been satisfactorily resolved, the employee shall have the right to
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discuss the matter with the supervisor's superior within the department. The discussion with
the immediate supervisor shall occur not later than ten (10) calendar days after the
employee knew or reasonably should have known of the occurrence of a grievable event.
The discussion with the supervisor's superior shall occur not later than ten (10) calendar
days after notice is provided of the immediate supervisor's decision.
C. Formal Grievance Procedures. If the employee is not in agreement with the decision
rendered in the informal grievance procedure, an employee shall have the right to present
a formal grievance in writing to the Police Chief within 14 calendar days after receipt of
the decision at the informal grievance step. The Chief shall meet with the employee and/or
the employee's designated representative within seven calendar days after receipt of the
written grievance. The Chief shall review the grievance and render a decision in writing
and return it to the employee and/or the employee's designated representative within seven
calendar days after meeting with the employee.
D. Appeal Procedures. If the employee disagrees with the decision reached by the Police
Chief, the employee may present an appeal in writing to the City Manager within 14
calendar days after the employee's receipt of the Chiefs decision. The City Manager shall
set a meeting with the employee and/or the employee's designated representative to discuss
the grievance within 14 calendar days. Within 10 calendar days following the meeting, the
City Manager shall deliver a copy of the decision to the employee and/or the employee's
designated representative.
E. Advisory Arbitration. If the employee disagrees with the decision reached by the City
Manager they may submit a written request to the Human Resources Department within
ten (10) calendar days from the date the decision was rendered. The City and Association
agree to select a list of arbitrators that can be alternatively used when called on. Arbitrators
may be added or deleted from the list only by mutual agreement of the City and the
Association. Arbitration decisions shall be binding.
The expense of the arbitrator shall be shared equally by the parties. Any costs associated
with a request for transcripts of the arbitration proceedings will be paid for by the
requesting party. Each party is responsible for making arrangements and for paying any
expenses of any witness that may be called on to testify. Employees of the City will be
released from work without loss of compensation to attend the arbitration hearing.
The arbitrator shall not decide on any issue that has not already been submitted within the
statement of issues as presented previously. This includes issues that have not been raised
and considered at the earlier steps of the grievance.
Any remedy recommended by an arbitrator may not conflict with the provisions contained
within this agreement or City policy.
F. Extension of Time Limits. All time limitations imposed by the grievance procedures
described in this section may be extended only by mutual written agreement between the
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CITY and the employee. Failure to strictly comply with any of the time limits described
herein shall be a bar to further processing of the grievance.
SECTION 19. DISCIPLINARY AND APPEALS PROCEDURES
A. Standards of Conduct. All employees are expected to adhere to standards of reasonable
and prudent conduct.
B. Applicability of Discipline. Disciplinary action may be taken against any non -elected
employee of the CITY. Employees represented by the Association shall have rights to the
notice and hearing requirements set forth in this section.
C. Discretion In Disciplinary Action. The City Manager and Police Chief may exercise their
discretion in applying discipline appropriate to the employee's offense(s) and work record.
D. Personnel Record. No employee shall have any comment adverse to his/her interest
entered in their official personnel file, without the employee having first read and signed
the document containing the adverse comment indicating he/she is aware of such comment.
If after reading the document the employee refuses to sign it, that fact shall be noted on
that document, and signed or initialed by the employee and the document will be placed in
the personnel file.
E. Permitted Disciplinary Action. Any one or combination of the following disciplinary
actions may be taken against any employee for offenses stated in this section or for any
other just cause:
Written Reprimand
Suspension
Reduction in Salary
Demotion
Dismissal
F. Written Reprimand. A written reprimand shall be prepared for the continued or more
serious offense. The reprimand shall take the form of a memorandum including a full,
accurate and factual statement of the reason for the reprimand. The memorandum shall be
given to the employee in private. The supervisor shall explain appropriate departmental
standards and policies, employee performance expected in the future and likely
consequences of failure to correct performance or behavior. A copy of the memorandum
shall be placed in the employee's personnel folder. The employee may respond to the
memorandum in writing within 30 calendar days and have such response placed in the
employee's personnel folder. A dated copy of the written reprimand shall be released to the
employee.
G. Suspension Without Pay. When the employee's undesirable conduct has been continuous,
repeated, or is deemed by management to be of such severity that lesser penalties are
inadequate or have proved ineffective; the Police Chief may impose suspension without
pay. Such suspension shall occur only after the notice procedures specified in subsection
M. have been complied with and shall be subject to appeal in accordance with this section.
H. Reduction in Salary. In lieu of, or in addition to other forms of discipline, when facts
justify, the Police Chief may impose a reduction in salary upon the employee to a lower
step on the present salary range or to a lower salary range, as may be appropriate. The
reduction may be for a limited period or permanent, as specified by the Police Chief. Any
reduction in salary shall be subject to the notice procedures specified in subsection M. and
shall be subject to appeal in accordance with this section.
I. Dismissal. When the employee's conduct has been of a continuous nature, uncorrected by
previous discipline, or is of such a nature as to make further employment not in the CITY's
interests, or for other good cause, the Police Chief shall have the right to dismiss the
employee. Dismissal shall be final termination of the employee's employment. Any action
of dismissal shall be taken only in compliance with the notice procedures specified in
subsection M. and shall be subject to appeal in accordance with this section.
J. Pre -disciplinary Procedures. An employee being considered for any discipline involving
loss of time or wages shall be insured due process through pre -disciplinary measures
described in this section.
K. Written Notice. Written notice of any proposed disciplinary action shall be given the
employee in private. This notice shall include the proposed action, the intended effective
date and the specific reasons for such action. A written copy of the allegations of
misconduct and the grounds for such allegations shall also be included, along with a copy
of all supporting documentation upon which the department expects to rely. The employee
is entitled to copies of all materials on which the allegations are based, if there are any. The
employee's right to respond orally or in writing, the right to respond in person or through
a designated representative, the time in which the response should be made and to whom
and where it should be made, shall be specified in the notice of intended discipline.
L. Employee Response. An employee is entitled to a reasonable time, not to exceed 14
calendar days, to answer a notice of proposed discipline. The Police Chief may grant an
extension of the response period if the employee can demonstrate the need. Should an
employee respond, the Police Chief shall consider the response in reaching a decision or
disciplinary action. The employee is entitled to respond in writing or orally, personally or
through a designated representative, or any combination thereof. If the employee requests
a meeting to present a response, the meeting shall not be conducted as an adversarial
hearing.
The employee may not cross-examine the department's witnesses nor present a formal case
to support the response. The employee shall be given the opportunity to make any
representations the employee believes might affect the disciplinary decision. Any time
extensions shall be permitted only with the consent of the Police Chief. If the employee
fails to respond within the time specified, the Chief may proceed with a decision.
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The Chief has the right to conduct further investigations. If new charges result from this
investigation, the employee shall be given another opportunity to respond.
M. Police Chief Response. The Police Chief shall provide a written answer to an employee's
response at the earliest practical date, not to exceed 14 calendar days following the response
of the employee. The Chief shall deliver the notice of decision to the employee at or before
the time when the action will be effective. The answer shall be dated and signed by the
Chief. The answer shall inform the employee which of the reasons and grounds in the notice
of proposed discipline have been sustained. The answer shall include a statement of the
employee's right to appeal, as provided herein. Additionally, the time limit for an appeal
and the specific discipline to be imposed or the decision not to impose discipline shall be
detailed in the answer. The effective date of discipline shall be included in the answer. Any
time extensions shall be permitted only with the consent of the Chief.
If the pre -disciplinary meeting with the Police Chief results in a decision that discipline is
appropriate, the disciplinary action shall be immediately implemented, with
restitution/reinstatement if any, being made following conclusion of the City Manager level
appeal.
N. Appeal of Disciplinary Actions. Any employee may appeal imposition of discipline
within 14 calendar days after the receipt by the employee of the Chiefs answer. Appeals
from discipline shall be in writing, signed by the appellant or the appellant's representative,
and delivered to the City Manager.
O. Appeal Procedure. Upon receipt of a timely letter of appeal, the City Manager shall set a
time for a meeting. The meeting shall be held within 14 calendar days after receipt of the
appeal letter. The appealing employee may appear personally and represent himself/herself
or be represented by another of the employee's choosing.
P. Findings and Decisions. The City Manager shall, within 14 calendar days after the
conclusion of the meeting, cause findings and a decision to be prepared in writing. The
City Manager shall determine whether the proposed action of the Police Chief is supported
by the evidence. Should the City Manager find that none of the charges are supported by
the evidence presented; the decision shall be that no disciplinary action be taken. A decision
not to impose discipline shall be accompanied by a directive from the City Manager to
delete all references to the appealed action from the employee's personnel file. Should the
City Manager find that any or all of the charges are supported; the manager shall affirm,
overrule or modify in whole or in part the Police Chiefs proposed disciplinary action. The
City Manager shall cause a copy of the findings and decision to be delivered to the affected
employee and the employee's designated representative.
Q. Employee Status During Pre -Discipline Period. Except as otherwise provided an
employee against who disciplinary action is proposed is entitled to be retained in an active
status during the pre -disciplinary period. When circumstances are such that retention of the
employee on active status may result in damage to the City property or may be detrimental
to the interests of the City or injurious to the employee, fellow employees, or the public,
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the Police Chief may following discussion with the employee or at the employee's option,
temporarily assign the employee to duties in which these conditions do not exist or place
the employee on paid suspension until proceedings are concluded or circumstances causing
the suspension change. Such action shall not be inconsistent with Section 3303 of the
California Government Code.
R. Time Limits. All time limitations of this section may be extended or shortened only by
mutual agreement of the parties.
S. Arbitration. If the employee disagrees with the decision reached by the City Manager they
may submit a written request to the Human Resources Department within ten (10) calendar
days from the date the decision was rendered. The City and Association upon mutual
agreement may select a list of arbitrators that can be alternatively used when called on.
Arbitrators may be added or deleted from the list only by mutual agreement of the City and
the Association.
The expense of the arbitrator shall be shared equally by the parties. Any costs associated
with a request for transcripts of the arbitration proceedings will be paid for by the
requesting party. Each party is responsible for making arrangements and for paying any
expenses of any witness that may be called on to testify. Employees of the City will be
released from work without loss of compensation to attend the arbitration hearing.
The arbitrator shall not decide on any issue that has not already been submitted within the
statement of issues as presented previously. This includes issues that have not been raised
and considered at the earlier steps of the grievance.
Any remedy recommended by an arbitrator may not conflict with the provisions contained
within this agreement or City policy.
SECTION 20. WORK PERIOD.
It is the intent of the City of Menifee to avoid the necessity for overtime work whenever possible.
In cases of emergency or whenever public interest or other necessity requires, any employee may
be directed by proper authority to perform overtime work. Employees must obtain approval from
their supervisors prior to working any overtime; an employee's failure to do so may subject him
or her to disciplinary action, up to and including termination from employment.
A. Overtime, Non -Exempt Employees. Sworn employees shall be paid at the rate of one and
a half times their base hourly rate for all hours worked in excess of their scheduled 160
hours during the normal 28-day work period. Use of vacation, holiday, admin leave time
and compensatory leave shall be considered hours worked in determining overtime hours
during a pay period, but not during a shift.
Exempt Unit Lieutenant employees covered by this MOU are qualified exempt
management employees under the FLSA and as such are not eligible for overtime pay,
except as authorized by this section. When overtime is funded by revenue sources outside
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the City (i.e. grants, third -party contracts and/or contracts for services by other law
enforcement agencies) the overtime rate will be equivalent to the top -step rate for a
Sergeant.
B. Compensatory Time, Non -Exempt Employees. At the discretion of the employee, any
overtime may be either compensated through payment or accumulation of compensatory
time off. The maximum accumulation of compensatory time shall be 240 hours. Should
an employee desire to take compensatory time off, he/she shall make a request with their
supervisor, who shall grant the request off unless it interferes with normal operational
staffing of the Department.
Upon termination of the employee, all compensatory time shall be paid off at the salary
rate in effect.
Cash -out. Twice each year in June and December, members may request a cash payout
of compensatory time leave. This payment can be made in cash and is taxable or can be
used as a contribution to a retirement savings plan. Compensatory time leave cash outs
shall be calculated including the value of the Education Achievement amount received by
employee. To the extent allowed by Federal/State law, distributions may be utilized to fund
deferred compensation or retirement -related accounts. The City makes no representation
as to the legality and/or tax consequences of such conversion to cash, and the Association
and its members release the City from any liability that may arise from an individual's
exercise of discretion regarding use of pay outs for deferred compensation or other account
funding.
C. Schedule Adjustment. The Chief of Police or his designee has the right to change an
employee's schedule with seven (7) days' notice, unless an emergency exists that requires
a schedule change. Non -emergency schedule changes with less than seven days' notice
shall result in overtime compensation for the first full shift of the changed schedule.
Nothing is meant to prohibit a schedule change as a result of a mutual agreement between
the employee and Chief of Police.
SECTION 21. OFF DUTY EMPLOYMENT (OR "MOONLIGHTING")
Off -Duty Employment is defined as "any activity a sworn officer engages in while in an off -duty
status, where the officer is supervised, directed and compensated by a third party."
To engage in off -duty employment, the employee must first submit a written request to the Chief
of Police and receive the Chief of Police's written approval prior to engaging in the off -duty
employment.
Once the employee receives authorization form the Chief of police, the employee must submit a
written request to the City Manager and receive the City Manager's written approval prior to
engaging in the off -duty employment.
The Chief of Police or City Manager may deny the request based on the following factors:
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A. The off -duty employment might interfere with assigned duties.
B. The off -duty employment might render the officer unavailable during an emergency.
C. The off -duty employment might physically or mentally exhaust the officer to the point that
his/her regular performance may be affected.
D. The off -duty employment might require that special consideration be given to scheduling
regular duty hours.
E. The off -duty employment might detract from the efficiency or effectiveness of the
employee in performing his/her work for the City.
F. The off -duty employment might pose a conflict of interest to employment with the City.
Secondary employment is operated in compliance with the requirements of the Private
Investigator Act and Private Security Services Act, Calif. Business and Professions Code §§
7512 et seq. and 7580 et seq.
SECTION 22. SALARIES
A. Salary Schedule.
a. Effective July 1, 2021, all Association members shall receive a three percent (3%)
salary increase.
b. Effective July 1, 2022, all Association members shall receive a three percent (3%)
salary increase.
c. Effective July 1, 2023, all Association members shall receive a three percent (3%)
salary increase.
Police Sergeant, Police Lieutenant and Police Captain monthly salary range will be
maintained with six (6) pay steps titled step "1" through step "6". Each pay step up and
until step "6" will be five percent (5%) percent greater than the previous step.
In the event the Menifee Police Officers' Association receives a salary increase at any time
prior to the expiration of this agreement, the salary ranges for Police Sergeant, Police
Lieutenant and Police Captain shall be adjusted, if necessary, so that the Police
Management Association members receive the same total salary percentage increase as the
Police Officers' Association in the given fiscal year..
In the event that the Menifee Police Officers' Association receives an increase in benefits
at any time prior to the expiration of this Agreement, the same increase in benefits shall
apply to employee's subject to this Agreement.
The City agrees to complete a citywide salary survey which will evaluate compaction of
each position by June 30, 2023.
B. Appointment and Advancement. Step 1 is the normal starting rate of pay. Thereafter, the
employee shall serve one year in a step prior to eligibility for advancement to the next step.
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As determined by the Chief of Police, a newly hired/promoted employee may be appointed
at a higher step, in which case the employee must serve one year before becoming eligible
for a step advancement.
Step advancements shall be granted only for meritorious service. The employee's
supervisor and the Police Chief shall file with the City Manager the prescribed form of
employee evaluation along with a recommendation to approve, deny or delay a step
advancement. The City Manager may approve or modify this recommendation.
When a normal step advance is denied, it may be reconsidered at any time, and if
advancement occurs, the employee shall serve one year in the new step before becoming
eligible for advancement to the next step.
SECTION 23. OTHER COMPENSATION
A. Bilingual Pay. Qualifying employees shall be paid three percent (3%) of base pay if they
are bilingual in Spanish. Applicants must pass a standardized Spanish language text
(pass/no pass) to be administered by a testing agency selected by the City.
B. Assignment Pay.
Effective July 1, 2021, the City will pay special assignment pay equal to four percent (4%)
of base salary to sergeants for the following special assignments:
1. Detective Supervisor(s).
2. Traffic Supervisor(s).
3. Problem Oriented Policing (POP) Supervisor(s).
4. Professional Standards Training (PST) Sergeant(s).
5. Special Enforcement Teams (SET) Sergeant(s).
6. The City agrees to meet and confer regarding additional compensation for special
assignments that are created in the future.
Effective July 1, 2022, the above special assignment positions will be increased to 5% of
base salary.
Total Special Assignment Pay shall not exceed 4% in fiscal year 2021-2022 and shall not
exceed 5% on or after July 1, 2022
The Chief of Police has the right to make temporary reassignments of employees, not to
exceed 90 days, based on Department needs. The reassignment is not considered punitive
and is not subject to grievance.
C. Executive On Call Pay for Lieutenants. Police Lieutenants required to remain in an on -
call status shall receive 2% of their base rate of pay.
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D. Sergeant On Call Pay. Sergeants required to be in an on -call status after their normal
working hours shall be compensated at one hour of straight time per each day. Sergeants
required to be in an on -call status on their normally scheduled days off, shall be
compensated at two hours of straight time per each day off.
E. On Call Court Pay. If an employee is required to remain on -call for a court case on any
day when he/she is not on duty, he/she shall be compensated for two hours at the overtime
rate (one and a half times) per day. At the discretion of the employee, this compensation
may be taken as payment or accumulated as compensatory time off. Employees are not
eligible for this compensation if they are taken off on -call status before 12:00 p.m. the day
before they are scheduled to appear in court.
F. Court Appearance. An employee called into court while on -call, as described above,
shall receive a minimum of 3 hours pay, compensated at the overtime rate, in lieu of any
on -call pay described in the above paragraph. At the discretion of the employee, this
compensation may be taken as payment or accumulated as compensatory time off.
If an employee goes to court in the afternoon prior to the start of his/her shift, he/she shall
receive up to 3 hours of court time as described in the above paragraph. If an employee is
required to go to court after his/her shift, that will be considered an extension of the shift
and the officer will be paid the overtime rate for the amount of time spent in court and
returning to the station, if applicable.
Employees who receive a subpoena for court testimony originating from their prior
employing agency will be compensated at the overtime rate for actual time spent in court
at 1.5 times base pay and up to two (2) hours travel time at straight pay.
The procedure for administering the on -call program shall be determined by the Chief of
Police.
G. Call Back Pay. Call back duty occurs when an employee is unexpectedly ordered by the
Department to return to duty following the termination of his/her normal work shift because
of unanticipated work requirements. Call back does not occur when an employee is held
over from his/her prior shift or is working prior to his/her regularly scheduled shift. An
employee called back to duty shall be paid a minimum of 4 hours compensation at the
overtime rate (1.5 times base pay) commencing when he/she reports for duty. Any hours
worked in excess of 4 hours shall be compensated at the overtime rate.
Reporting for duty means: acknowledging the order and immediately responding to the
assigned location. No more than one hour will be compensated for travel.
Any pre -scheduled meetings shall be paid at a minimum of 2 hours compensation at the
overtime rate (1.5 times base pay) or the time spent in the actual meeting.
This section is not applicable to phone calls received off duty. Phone calls received off
duty must be approved by a supervisor prior to receiving overtime pay.
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H. Promotions. The CITY agrees that all promotions in rank shall result in an increase of at
least five percent (5%) over the employee's previous salary which includes base salary and
any special assignment pay. Temporary Assignment Pay and other Assignment Pay will
not be part of this calculation.
I. Temporary Assignment Pay. As a result of vacancies, leaves of absence, or other reasons,
it may be necessary to reassign an authorized employee to serve in a higher -ranking
position. Since such assignments require the employee to assume additional
responsibilities and perform duties which are outside the scope of the employee's regular
assignment, the employee shall be entitled to a salary adjustment to reflect the new position
duties. Temporary assignment shall not extend beyond six months per assignment. The
following shall apply in these instances:
7. Approval Required. Upon the recommendation of the department head and with
the approval of the city manager, an employee may temporarily be assigned to a
higher -level classification provided that:
a. The higher -level position is vacant and is approved by the City Manager
for new or continued staffing.
b. The employee is called upon to serve in the higher -level position by the
City Manager and the Police Chief.
c. The employee possesses the minimum qualifications to perform the work
of the higher -level position.
8. Salary. The employee in such a temporary assignment shall be entitled to a salary
adjustment of at least five per cent (5%) over the employee's previous salary, which
includes base salary and any special assignment pay or the "1" Step of the higher
level position, whichever is greater, for the duration of the temporary assignment.
9. All applicable leave accruals, except holiday leave, {i.e., annual) are calculated and
credited to each employee based upon their respective workday. All leave hours
taken shall be based upon the length of a given employee's workday (i.e., 8 hours,
9 hours, 10 hours, 12 hours) and charged against the applicable accrued leave
balance.
SECTION 24. VACATION LEAVE
A. Purpose. The purpose of annual vacation is to enable each eligible employee annually to
rest and return to work refreshed. The City of Menifee wants you to enjoy your free time.
Taking time off allows employees to renew themselves (mentally and physically) gain
some perspective, and therefore process information better. It also boosts creativity,
productivity, employee retention and workplace morale. Be sure to schedule your time off
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as far ahead as possible with your supervisor so that the appropriate coverage can be
arranged.
B. Basis of Accrual. New sworn employees shall begin accrual of vacation leave effective
their first day of employment at a rate of 3.08 hours per pay period. Vacation leave shall
accrue to employees on a bi-weekly basis at a pro -rated amount equivalent to the annual
amounts specified below. No employee may accumulate more than 440 hours of vacation
leave. When an employee's accumulated vacation leave balance reaches 440 hours, the
employee shall not accrue any additional vacation leave until such time as the employee's
accumulated vacation leave balance is reduced below 440 hours.
Vacation leave for employees hired after achievement of full staffing, and no later than
June 30, 2022, shall be accrued as follows:
Years of Service with the I Hours per pay period I Hours per year
of Menifee
0-3
3.08
4.62
80
4
120
5
6.15
160
10+
7.69
200
Vacation leave for employees hired prior to achievement of full staffing, and no later than
June 30. 2022. shall be accrued as follows:
Years of Prior Agency I Hours per pay period I Hours per year
Service
0-5
3.08
80
6-10
6.15
160
11-14
7.69
200
15+91
9.23
240
Vacation accrual for employees hired prior to achievement of full staffing, and no later than
June 30, 2022, shall include years of service from the employee's prior agency.
C. Compensation for City Work During Vacation Prohibited. No employee shall be
permitted to work for compensation for the City in any capacity, except subpoena for court
appearance, while he/she is on vacation leave or sabbatical leave from City service. This
clause shall not limit the City's right to recall an employee from vacation and back to work
in the event of an emergency and place him/her on regular pay status.
D. Scheduling Vacations. An employee must request and obtain approval from their
supervisor prior to taking vacation leave, which shall be determined with due regard for
the wishes of the employee and particular regard for the needs of service. Vacation leave
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may be used only as it is earned. Requests for vacation leave exceeding the amount of
accrued vacation leave hours will require the prior approval of the City Manager.
E. Holidays Within Vacation Period. Holidays falling within the scheduled vacation leave
period shall not be considered as part of an employee's vacation. Should a holiday be
declared during an employee's vacation leave period, an equivalent number of hours for
the applicable holiday shall be credited back to the employee's annual leave balance.
F. Unused Annual Leave. Any employee who is eligible for annual leave benefits and
terminates their employment with the City will be paid for any unused annual leave hours.
G. Cash -out. Twice per fiscal year in June and December, the employee may request a cash
payout of vacation leave, as long as a leave balance of 80 hours remains. This payment can
be made in cash and is taxable or can be used as a contribution to a retirement savings plan.
Vacation leave cash outs shall be calculated including the value of the Education
Achievement amount received by employee. To the extent allowed by Federal/State law,
distributions may be utilized to fund deferred compensation or retirement -related accounts.
The City makes no representation as to the legality and/or tax consequences of such
conversion to cash, and the Association and its members release the City from any liability
that may arise from an individual's exercise of discretion regarding use of pay outs for
deferred compensation or other account funding.
SECTION 25. SICK LEAVE
A. Accrual and Use of Sick Leave. Sick leave with pay shall be accrued at the rate of four
(4) hours biweekly which accumulates to 104 hours annually. Accumulation shall be
unlimited.
Employees may use accrued paid sick leave in a 12-month period for the following reasons:
(1) the employee's own diagnosis, care, treatment or preventative care of an existing health
condition or disability; (2) the diagnosis, care, or treatment of an existing health condition
or preventative care for an employee's family member, including the employee's spouse,
registered domestic partner, child, parent, stepparent, foster parent or guardians; (3) to
obtain relief as a victim of domestic violence pursuant applicable law; (4) a prescheduled
doctor, dental or optometry appointment which has been approved by the employees
supervisor.
B. Proof of Illness. Employees absent from duty due to illness for three (3) or more
consecutive workdays (not including statutory protected leave) may be required to furnish
a certificate and/or statement from their physician verifying the need for such absence, the
limitations of work, and the estimated time necessary for recovery. Violation of sick leave
privileges may result in disciplinary action and/or loss of pay when in the opinion of the
Chief of Police the employee has abused such privileges.
Prior to resuming their duties, employees may be required to submit a certificate and/or
statement from their physician certifying their apparent fitness for duty.
C. Notification. An employee's need for absence from duty due to personal or family illness
shall be reported to his/her immediate supervisor or on duty watch commander as soon as
practical after the employee is aware that he/she cannot report to duty and is able to give
such notice, generally, no later than two hours prior to the beginning of the employee's
assigned shift. Extenuating circumstances may prevent an employee from meeting the one -
hour minimum notification.
D. Family and Medical Leave. In accordance with federal and state law and regulations,
the City will provide family and medical leave, which is unpaid leave, to eligible
employees. Unless otherwise provided by this Section, "leave" under this Section refers
to leave pursuant to the Family and Medical Leave Act of 1993 ("FMLA") and the
California Family Rights Act ("CFRA"). Employees with any questions or requests for
information about family and medical leave should consult the Human Resources
Department.
The City requires an employee to utilize all accrued and unused sick leave concurrently
with the use of family care and medical leave (FMLA and CFRA) which may be
coordinated with State Disability Insurance ("SDI").
Eligible employees are entitled to a total of 12 workweeks of leave during any rolling 12-
month period for any FMLA or CFRA qualifying reason.
SECTION 26. HOLIDAY LEAVE
A. The approved CITY holidays shall be as follows:
• January 1 (New Year's Day)
• The third Monday in January (Martin Luther King Jr. Day)
• The third Monday in February (President's Day)
• The last Monday in May (Memorial Day)
• July 4 (Independence Day)
• The first Monday in September (Labor Day)
• Second Monday in October (Columbus Day)
• November 11 (Veterans Day)
• The fourth Thursday in November (Thanksgiving Day)
• The fourth Friday in November (day after Thanksgiving Day)
• December 24 (Christmas Eve)
• December 25 (Christmas Day)
• December 31 (1/2-day City closes at noon)
• Floating Holiday (9 hours to be used by the employee with Chief of Police approval
during the fiscal year, July 1— June 30).
• Wellness Day (9 hours to be used by the employee with Chief of Police approval
during the fiscal year, July I —June 30).
Any day declared to be a holiday by proclamation of the Mayor.
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Any Wellness day hours not used during the calendar year shall be lost with no
compensation. Employees shall annually receive 9 floating holiday hours at the beginning
of the payroll year intended for (but not restricted solely for) the use of "backfilling" hours
to complete a full shift on required training days of less than the employee's full shift
(typically an 8-hour training day).
B. The holiday will be the day observed unless the holiday falls on the weekend. Friday shall
be the holiday when the actual legal holiday falls on a Saturday, and Monday shall be the
holiday when the actual holiday falls on a Sunday for the holidays listed in paragraph 2 of
this section. When a holiday is designated for a Friday when City Hall is closed, the
preceding Thursday shall be the holiday.
C. Holiday Pay Options. Employees required to work holidays will receive a bank of 112.5
hours of holiday hours during the first full pay period following July 1. The employee will
be required to schedule a period of 40 holiday hours, with option for 80 holiday hours of
consecutive leave during a period between July 1 and June 30 of the fiscal year (sabbatical).
Effective fiscal year July 1, 2021 to June 30, 2022, a maximum of 40 holiday hours may
be cashed out on the last pay period of the fiscal year. Effective fiscal year July 1, 2022 to
June 30, 2023 and each fiscal year thereafter, a maximum of 80 holiday hours may be
cashed out on the last pay period of the fiscal year. Any hours remaining in employee's
holiday bank exceeding 80 hours shall be lost with no compensation.
If an employee separates from employment or is reassigned to a position which no longer
requires the employee to work holidays, they will only be compensated for actual earned
holidays and the remaining hours will be eliminated from employee's holiday bank.
Members who don't receive the holiday bank of time and who are required to work on a
holiday, or when the holiday falls on a members regular day off, shall have an amount of
time commensurate to their regular shift placed into their -holiday bank.
SECTION 27. LEAVES
A. Executive Leave. Mid -Management employees are exempt from the overtime provisions
of the Fair Labor Standards Act (FLSA) and are defined as Captain and Lieutenant. As a
FLSA-exempt employee of the City, mid -management employees shall be granted sixty
(60) hours of Executive leave each fiscal year.
FLSA-exempt employees must schedule and receive approval for use of Executive leave
in accordance with Department policies. Executive leave may be used for any reason.
Executive leave must be used in the fiscal year granted and shall not be carried into the
next fiscal year.
In June of each fiscal year hours remaining in employee's executive leave bank may be
cashed out.
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In the event of termination/separation of employment, employees will receive payment for
any unused Executive leave.
B. Leave of Absence.
Leave Without Pay. At the sole discretion of the City, an employee may be granted
a leave of absence without pay upon recommendation of the Department Director
and approval of the City Manager. The city may fill the position with a temporary
or provisional employee during the term of the leave of absence or undertake any
other appropriate measures to address workloads needs. Nothing herein shall
require or preclude the City from offering unpaid leave as a reasonable
accommodation under state and federal disability law.
2. Pregnancy and Confinement. The Association agrees to abide by the Family and
Medical Leave Policy that has been established separately from this MOU through
the meet and confer process.
C. Jury Leave. Employees who are called for jury service in any court in the State of
California or in the United States shall be granted a paid leave of absence to serve as a
juror.
An employee summoned to and serving on jury duty shall submit evidence of the summons
to the Human Resources Office and may be absent from duty with full pay. The employee
shall be entitled to retain the pay received for jury duty as partial or full reimbursement for
the additional expenses associated with jury duty with no additional reimbursement by the
City.
D. Military Leave. Military leaves of absence shall be governed by the provisions of Sections
395 et seq. of the Military and Veterans Code.
E. Family Illness Leave. When employees need a leave of absence due to a family illness,
said leave time shall be taken and paid from accrued annual leave.
F. Bereavement Leave.
1. A regular employee shall be granted bereavement leave without loss of pay in case
of death of an immediate family member. Up to three (3) days leave shall be granted
in the event the deceased resided in the state of California. If out of state travel is
required, up to five (5) days leave without loss of pay shall be granted. Additional
time off may be taken as sick leave, vacation time, other paid leave, or as authorized
leave without pay, upon approval of the City Manager.
2. Immediate family, as used in this policy, shall be defined as the spouse, registered
domestic partner, children, step -relations, parents, siblings, grandparents, or in-
laws. When a family death occurs, the employee may be requested to provide
information to document the absence.
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SECTION 28. INSURANCE AND RETIREMENT BENEFITS
A. Monthly Insurance Contribution. The City shall contribute up to $1800 per month
toward the payment of premiums for eligible employees and dependents under the existing
health, dental, and optical insurance programs. Any contribution necessary to maintain
benefits under any insurance program in excess of the City's monthly contribution shall be
borne entirely by the employee.
a. Effective January 1, 2022, the City shall contribute up to $1850 per month
Employees hired after July 1, 2017 who opt out receive $14,400 yearly or $1,200 monthly
to be converted into a 457 plan.
B. Life Insurance. The City agrees to provide a life insurance policy in an amount equal to
one year of base salary to a maximum of $100,000.00. The City shall select the insurance
company. The City shall pay all monthly premiums. When available through the City,
employees may purchase additional life insurance at their own cost.
C. Long Term /Short Term Disability. Effective upon ratification, the City agrees to
reduce the base pay of employees in this unit by fifteen dollars ($15.00) per pay period
and instead shall pay to the Menifee Police Management Association fifteen dollars
($15.00) per employee, which will be utilized for the purpose of providing long-term and
short-term disability income benefits to the association members. The Association
recognizes and agrees that it is their responsibility for purchasing a Preferred Long Term
Disability Program for its represented employees or otherwise investing such payments
pursuant to this section as it deems appropriate.
D. Flexible Spending Accounts. The City agrees to put in place a Cafeteria Plan to allow
employees to make pretax deductions from their earnings for the purpose of being
reimbursed by a third -party administrator for eligible health and dependent care expenses.
The City will pay all administrative costs for this program.
E. Public Employees Retirement System. Retirement benefits are provided for Safety
personnel under the 2.7 @ 57 Plan of the Public Employees Retirement System. Safety
personnel shall pay the statutorily required contribution rate as defined in California
Government Code Section 7522.30 (PEPRA) and determined by PERS. This rate shall be
one half (1/2) of the normal cost of the benefit, as defined by PERS.
F. PERS. The City is in the process with PERS on contract benefits and will meet and confer
with the association to discuss specific benefits once the actuarial report is received.
G. Retiree Medical Trust Reopener. The PMA may reopen negotiations on the issue of
Retiree Medical Trust, if they are able to open a Retiree Medical Trust with PORAC or
another third -party administrator.
SECTION 29. EXEMPT EMPLOYEES
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It is acknowledged that Police Lieutenants and Police Captains subject to this MOU are exempt
employees under the Federal Fair Labor Standards Act (FLSA).
SECTION 30. EDUCATIONAL/POST CERTIFICATE ACHIEVEMENT
Employees who qualify by attaining appropriate educational or professional qualifications not
specifically required for their position shall be paid a sum in addition to their base pay in the
following amounts:
EDUCATION:
Bachelor's Degree 3%
Master's Degree 5%
Effective July 1, 2022, incentives would go up to 4% for bachelor's and 6% for masters.
POST CERTIFICATE:
POST Supervisory Certificate 3%
POST Management Certificate 5%
Employees may receive one education achievement and one POST certificate achievement; these
incentives do not compound.
SECTION 31. UNIFORM ALLOWANCE
The City shall provide uniforms for personnel assigned to uniform patrol or required to wear a
uniform as part of their assignment. (This would include one (1) Class A uniform, three (3) Class
B and one (1) training uniform). The City shall provide safety equipment.
For those members assigned as traffic officers, The City shall provide the following in addition
to the above:
For Class A wear:
• Motor Breeches
• Tall Stack Boots
For Regular wear (Safety Gear)
• 2 Motoport Field Duty Shirts (Or similar)
• 1 Motoport Air Mesh Pant (Or similar)
• 1 Motoport Air Mesh Jacket (Or similar)
• 1 Pair of riding gloves every 2 years ($50.00 limit)
• 1 Shoei Neotec Modular Helmet (Or similar)
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• 1 Pair of riding glasses with clear lenses ($75.00 limit)
For those members not assigned to uniform patrol or required to wear a uniform would receive a
$850 per year uniform allowance for professional attire. The City shall provide at least one uniform
for members assigned to non -uniform positions. (Example of those not assigned to uniform patrol
would include but not limited to Police Captains, Investigations Lieutenant, PST Sergeant,
Detective Sergeant. These positions may change as directed by the Chief of Police)
The City shall provide for needed repair and replacement of uniform items for all members.
DRY CLEANING. The PMA may reopen negotiations if a dry-cleaning vendor is identified to
contract with on pick up and drop off of uniforms.
SECTION 32. TUITION REIMBURSEMENT
Employees may request and be reimbursed up to Four Thousand dollars ($4,000) per fiscal year
for expenses incurred for tuition, books and fees for college level or job -related courses or degree
curricula upon prior approval of the City Manager. Contact the City's Human Resources
Department for more information and forms.
A. Eligibility. After 12 months of full-time employment with the CITY, regular full-time
employees shall be eligible to receive financial assistance for approved courses completed
at an accredited educational institution, provided:
1. Courses are satisfactorily completed with a grade of C or higher.
2. Appropriate proof of successful completion is submitted to the Personnel Officer.
3. Courses of instruction will enable the employee to perform present duties more
effectively or prepare them for future opportunities into which they could
reasonably expect promotion or transfer to with the CITY.
4. The hours of instruction for the course do not conflict with the employee's regularly
scheduled workday.
For purposes of this policy, an accredited educational institution shall be defined as any
technical, vocational, college, university or business that has been accredited by a
recognized governmental or professional accrediting body and has been approved by the
Personnel Officer.
Employees shall obtain approval of the course from the immediate supervisor and the
Personnel Officer in advance of taking course to be eligible for reimbursement. Once
completed, reimbursement may be requested by filing the appropriate form along with a
copy of the final grade report.
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B. Eligible Costs. Employees shall be eligible for reimbursement of tuition, textbooks,
registration fees and laboratory fees related to an approved course of instruction. Ineligible
for reimbursement are late registration penalties or fees, transportation costs, parking,
interest or any other charge not specified in this section.
C. Reimbursement. As part of the tuition reimbursement request, employees shall agree that
upon voluntary termination of employment within 36 months following receipt of a tuition
reimbursement, there shall be a deduction from their final pay check in an amount equal to
the tuition reimbursement prorated over the portion of the 36-month period remaining to
be completed.
SECTION 33. SUBSTANCE ABUSE POLICY
It is the responsibility of all affected employees to cooperate to protect lives, personal safety and
property of co-workers and fellow citizens. All employees shall take all reasonable steps to
accomplish these goals and to minimize potential dangers. Towards this goal, employees will
follow the City's drug free workplace policy as described in the Employee Handbook.
SECTION 34. DEFERRED COMPENSATION
Police sergeants will receive an annual contribution into their deferred compensation account in
the amount of three -thousand dollars ($3,000).
Police lieutenants will receive an annual contribution into their deferred compensation account in
the amount of four -thousand dollars ($4,000).
Police Captains will receive an annual contribution into their deferred compensation account in
the amount of five -thousand dollars ($5,000).
The contribution will be made during each pay period.
SECTION 35. RETENTION/RECRUITMENT INCENTIVE
A. Annual Retention Payment. Sworn employees will receive a five thousand ($5,000)
retention incentive payment each year upon their employment anniversary to be paid on
the first pay period following their employment anniversary date.
B. Recruitment Hiring Bonus. For sworn employees, they will receive a five thousand
($5,000) bonus upon their hire.
The first $2,500 installment will be when the sworn employee passes training, and the
second $2,500 installment would the officer passes probation the City of Menifee. If the
sworn employee doesn't pass the probation, the employee would not have to pay back the
first installment of $2,500.
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This provision will sunset upon ratification of this MOU or upon achievement of full
staffing of the police department (whichever comes first). This section can be reinstated,
if necessary, at the discretion of the City Manager.
SECTION 36. COMPUTER LOAN PROGRAM
Every non -probationary member shall be entitled to participate in an interest free loan program for
the purchase of a computer and related equipment (software, printer, etc.; not to include supplies).
The maximum amount of any individual loan shall be no greater than $1,000.00 including tax. The
repayment period is not to exceed 1 year and shall be calculated by dividing the total cost by 26
pay periods, with a payroll deduction from each paycheck until fully repaid. If member separates
employment from the City prior to full repayment, the total amount due shall be deducted from
the member's final paycheck. The cumulative amount of loans outstanding hereunder shall not
exceed $100,000. The loan shall be upon the terms and conditions established by the City.
SECTION 37. REOPENERS
a. The parties agree to a limited reopener during the term of this MOU to compare
compaction between the ranks of the PMA and the POA.
b. The parties agree to a limited reopener during the term of this MOU on the bilingual
testing and scoring process once the City explores other testing institutions.
c. The parties agree to a limited reopener during the term of this MOU to evaluate
conversion of sick leave to retirement medical trust.
d. The parties agree to meet and confer if the Mid -Management unit receives an
increase in their life insurance provision.
e. The parties agree to a limited reopener during the term of this MOU if the City
changes their evaluation process.
f. The parties agree to a limited reopener during the term of the MOU to discuss
Ca1PERS contract benefits.
g. No changes, other than those already agreed to above, will be implemented without
the parties' mutual agreement.
SECTION 38. RATIFICATION AND IMPLEMENTATION
Representatives of management for the City and representatives of the Association have met on a
number of occasions and have conferred in good faith, and exchanged proposals concerning wages,
hours, fringe benefits and other terms and conditions of employment of employee members
represented by the Association.
The management representatives and the representatives of the Association have reached an
understanding as outlined in MOU which was ratified by the Association membership. This MOU
constitutes a mutual recommendation to be jointly submitted to the City Council for adoption.
After the City Council acts, by majority vote, to formally approve this MOU, the City Council
shall enact any necessary amendments to City Ordinances or Resolutions consistent with this
MOU.
[Signatures on following page]
26
CITY OF MENIFEE
MENIFEE POLICE MANAGEMENT
ASSOCIATION
By: By:
Rochelle Clayton, Assistant City Manager Jason Adams, MPMA President
By: By:
Robert Cardenas, Human Resources /
Risk Manager
27
Paul Barbieri, MPMA Vice President
Matt Bloch, MPMA Secretary
Chris Karrer, MPMA Treasurer
RESOLUTION NO.21-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING A TENTATIVE AGREEMENT AND THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE MENIFEE POLICE MANAGEMENT
ASSOCIATION AND THE CITY OF MENIFEE FOR THE PERIOD OF JULY 1, 2021
THROUGH JUNE 30, 2024
WHEREAS, the City Council passed Resolution No. 18-739 directing and authorizing formation
of a municipal police department for the City of Menifee; and
WHEREAS, the City of Menifee ("City") formally began operations of its municipal police
department on July 1, 2020 at 12:OOa.m.; and
WHEREAS, the City has formally recognized the Menifee Police Management Association
("MPMA") as the exclusive employee organization for the police managers and supervisors bargaining
unit; and
WHEREAS, this is the foundational Memorandum of Understanding between the City and the
MPMA and upon its adoption, shall rescind and replace the Sworn Police Personnel Rules & Regulations;
and
WHEREAS, the City and MPMA have successfully met and conferred, and reached a tentative
agreement for a three-year MOU between the City and the MPMA members for the period of July 1, 2021
through June 30, 2024 pursuant to the Meyers-Milias-Brown Act ("MMBA")(Gov't Code Sections 3500-
3511); and
WHEREAS, MMBA Section 3505.1 provides that:
"if a tentative agreement is reached by the authorized representatives of the public agency
and a recognized employee organization or recognized employee organizations, the
governing body shall vote to accept or reject the tentative agreement within 30 days of the
date it is first considered at a duly noticed public meeting. A decision by the governing
body to reject the tentative agreement shall not bar the filing of a charge of unfair practice
for failure to meet and confer in good faith. If the governing body adopts the tentative
agreement, the parties shall jointly prepare a written memorandum of understanding"; and
WHEREAS, the City labor representatives and the MPMA representatives have also jointly and
concurrently prepared and signed, a proposed Memorandum of Understanding for the period July 1, 2021
through June 30, 2024, where once approved by the governing body of a local agency becomes a binding
agreement between the employee organization and the local agency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menifee, California as
follows:
Section 1. That the City Council approves the Memorandum of Understanding between the City and
Menifee Police Management Association for the period of July 1, 2021 through June 30, 2024, a fully
executed copy of which is provided herewith as Attachment 1 and by this reference made a part hereof.
1
Resolution Approving Menifee Police Management Association MOU 2021-2024
PASSED, APPROVED AND ADOPTED this 171h day of November, 2021
Attest:
Sarah A. Manwaring, City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
2
Bill Zimmerman, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City
Council Resolution No. 21-1101 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 17th of November 2021 by the following vote:
Ayes:
Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
n
ara Manwaring, MMC ¢i
City Clerk