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HomeMy WebLinkAboutReso 44-1979 RESOLUTION NO. 44-79 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 5 - SOUTH SAN FRANCISCO POLICE ASSOCIATION, JULY 1, 1978 - JUNE 30, 1979 BE IT RESOLVED by the City Council of the City of South San Francisco that the Memorandum of Understanding with Unit 5 - South San Francisco Police Association, for the period July 1, 1978 - June 30, 1979, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth verbatim, is hereby accepted and approved. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 18th day of April , 1979, by the following vote"· AYES' NOES' ABSENT: None Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia None MEMORANDUM OF UNDERSTANDING UNIT 5 - SOUTH SAN FRANCISCO POLICE ASSOCIATION July 1, 1978- June 30, 1979 The City of South San Francisco (hereinafter, City) and Unit 5 - South San Francisco Police Association (hereinafter, Unit 5) acknowledge and affirm that they have met and conferred in good faith, exchanged proposals and counter-proposals and in ali respects fulfilled their obligations under law to meet and confer in good faith. City and Unit 5 representatives agree and acknowledge that negotiations for salary increases and benefits for fiscal year 1978-79 commenced prior to July 1, 1978, and the parties contemplated that any pay increases and/or benefits pursuant to the M/U for fiscal year 1978~79 would be effective as of the pay period which included July 1, 1978, if limiting legislation then in effect was repealed, amended to remove the limitation or declared uncon- stitutional in a final judgment by a court with jurisdiction thereof. This Memorandum of understanding is the product of the above-described meet and confer process. Repesentatives of the City have agreed to present this Memorandum to the City Council for determination and representatives of Unit 5 have agreed to present this Memorandum to their membership for acceptance and approval. 1. Term. The term of this Memorandum of Understanding shall be from July 1, 1978 to June 30, 1979, at which time all agreements, understandings, provisions and conditions contained herein shall terminate, except for the provisions of "Amendment 2-77 to Memorandum of Understanding, Unit 5 - South San Francisco Police Association - July l, 1975 - June 30, 1978, -1- Adding Surviving Provisions" (hereinafter M/U 2-77) which was adopted by Resolution No. 174-77 on October 5, 1977, and is attached hereto as Exhibit "A". M/U 2-77 provisions shall survive the term of this Memorandum of Understanding and shall run concurrently with the period for which the 2% @ Age 50 public safety retirement benefits are applicable to eligible Police Department members of Unit 5, in accordance with Personnel Rules and Regulations, including those appointed after the effective date of this Memorandum. 2. Salary. Commencing with the pay period which includes July l, 1978, the new base salary of current members established pursuant to Amendment 2-77 shall be increased by 6%. A member as of July l, 1978, who thereafter left the service of ~he City through a serVice or disability retirement, shall receive said 6% increase to and including the effective date of said retirement. Exhibit "B" entitled "Salary Ranges Effective July l, 1978, for Unit 5," attached hereto and incorporated herein, sets forth the ranges and bi-weekly salaries which reflects said increases, but if there is a variance between Exhibit "B" and the "City of South San'Francisco Master Salary Schedule Bi-Weekly Table for 1978-79," then the latter shall prevail. 3. Holidays., The following are authorized .holidays: (1) January 1 (2) Third Monday in February (3) Last Monday in May (4) July 4th (5) First Monday in September (6) Second Monday in October (7) November llth (New Year's Day) (Washington's Birthday) (Memorial Day) (Independence Day) (Labor Day) (Col umbus Day) (Veterans Day) -2- (8) Fourth Thursday iln November (9) Fourth Friday in November (10) December 24th (Four Hours) (ll) December 25th (12) December 31st (Four Hours) (Thanksgiving Day) (Day following Thanksgiving) (Four hours of workday preceding Christmas) (Christmas) (Four hours of workday preceding New Year's Day) (a). Employees, who by nature of their assignment are unable to observe City holidays, shall be compensated for authorized holidays as follows: Eight (8) hours of straight-time overtime for the holiday and straight-time for the hours' work. Personnel scheduled to work on a City holiday, but who are unable to do so due to a job-related injury, shall.remain eligible for payment in accordance with this provision as long as he is not receiving compensation from other sources, An employee unable to work a holiday due to illness or to an injury unrelated to the job shall also be compensated for the holiday pursuant to this provision provided that he submit to the Department Head a doctor's certificate verifying the illness or injury or file a certification made by his Department Head so verifying. If an employee is off work because of sickness.on a regular workday which day immediately follows or precedes a holiday, he shall file with the Department Head a doctor's certification verifying that he was unable to work because of sickness or file a certificate made by his Department Head so verifying. 4. Sick Leave (a) Beginning with the pay period that includes July l, 1978 all permanent and probationary employees in Unit 5, except those who work ,. less than full-time, shall be entitled to receive base salary for a period of ninety (90) calendar days from the commencement of a given illness for -3- disability as compensation for sick leave. Said compensation is in lieu of any amounts employee is entitled to receive from worker's compensation or other income supplement sources existing by reason of the employee's employment by City. In consideration of receiving said base salary for said period, employee assigns to City all rights to receive worker's compensation or other income supplements arising by reason of employee's employment by City. In addition, during said ninety (90) calendar days, City will provide previously agreed upon. health, dental and life insurance. The City will also provide long-term disability insurance for said employee which insurance shall provide subject to terms and conditions contained therein for the payment of two-thirds (2/3) of base salary after the expiration of the ninety (90) calendar days described above. (b) After the expiration of ninety (90)~calendar days from the commencement of a given diSability or illness, the City will pay the employee at the employee's option any accrued vacation time. The City will also continue to pay previously agreed upon premiums for such employee on all health, dental and life insurance until the date of separation. ~ (c) At any time after the expiration of ninety (90) calendar days and before the expiration of three hundred sixty-five (365) calendar days from the commencement of a given disability or illness, the City has the right to review the case of the individual employee and either separate the employee from the City's service or extend coverage beyond three hundred sixty-five (365) calendar days. (d) After the expiration of three hundred sixty~five (365) calendar days or extensions thereof, from the commencement of a given disability or illness, the employee will be separated from the City's service. Nothing herein shall be construed so as to limit the employee's -4- right to receive long-term disability benefits under the long-term disability policy beyond the three hundred sixty-five (365) calendar day period. (e) The Compensation for sick leave actually taken described in the preceding subparagraphs is the only compensation for sick leave actually taken which the City will pay beginning with the pay period that included July 1, 1977. To be entitled to receive that compensation, the employee must satisfy all of the following conditions: (1) The employee must notify his or her immediate supervisor prior to, or within two (2)hours after, the commencement of the daily work. period for which compensated sick leave is sought; provided, that police employees serving on shift assignments must notify superiors prior to the shift in accOrdance with departmental policy; (2) ._ Each employee on sick leave must produce evidence · ' satisfactory to the City describing the nature of the illness and such evidence may be in the form of a personal affidavit or shall be in the form of a certification by a medical doctor if requested by a division commander with prior notice to the.employee; provided that the City reserves the right to take such action it deems necessary to confirm or verify actual illness or disability; provided further that in the event that the employee is ill or disabled for more than.thirty-nine (39) working hours, then the employee shall present to the City before returning to work a certification by a medical doctor describing the nature and extent of the illness or disability and confirming that the employee has recovered and is able to perform assigned work. -5- (f) "Sick leave" as used herein is defined as the period of time during which the employee suffers actual personal illness or disability which necessitates his absence from employment. Sick leave is not a right or privilege to be used at the discretion of the employee. (§) Beginning with the pay period that included July l, 1977 employees shall not be entitled to accumulate unused sick leave. In accordance with City's Personnel Rules and Regulations in effect as of the date of this agreement, eaCh employee will be entitled to payment at his or her salary existing at time of separation for fifty percent (50%) of the days of accumulated sick leave, which accumulated days of sick leave shall not exceed one hundred twenty (120) days. Said right to payment is deemed a property right which shall not be taken from the employee without mutually agreed upon consideration. If state or federal legislation is enacted into law mandating a percentage other than fifty percent (50%) described herein, then such mandated percentage shall supersede the per- centage described, herein. (h) In the event a disabled or ill employee is entitled to receive full pay pursuant to state or federal law for. more than ninety (90) days from the commencement of illness or disability, then City shall have no obligation to provide the base salary described in subparagraph (a) herei nabove. 5. Medical Appointments. Beginning with the pay period that includes July 1, 1977 an employee shall be entitled to receive authorization for leave without loss of pay for appointments with medical doctors and dentists. Such leave shall be authorized only for the actual time necessary for the appointment and for traveling to and from the appointment. Employees shall be required to submit a personal affidavit describing the nature and need -6- of such visits. The City reserves the right to confirm or verify any appointments for which such leave is authorized. 6. Emergency Family Leave (a) Each employee may take leave without loss of pay up to three (3) workdays per calendar year for emergency situations where an immediate family (relatives as defined in subsection (b)) member must receive immediate medical attention due to a sudden, serious and actual sickness or disability(excluding routine or scheduled doctor's appointments). Employees shall be required to submit a doctor's certification. (b) Beginning on July 1, 1977 each employee may t~ke leave without loss of pay up to five (5) workdays per calendar year in the case.of the death of any of the following relatives: spouse, brothers, sisters, grandparents, child, mother-in-law, father-in-law; brother-in-law, sister-in-law, daughter-in-law or son-in-law. In addition, the City Manager may grant the above described leave in the event of the illness or disability or funeral .of someone other than those persons designated, if, in the City Manager's opinion, there exists an extraordinarily close relationship between the employee and such person. 7. Insurance (a) Health. The City shall provideafully paid health insurance plan for permanent full-time employees and their eligible dependents with the "option available to the employee to select the plan known as the~Kaiser "S" Plan. (b) Dental. The self-insured program of dental care benefits existing as of April l, 1979 shall be continued during the term of this Memorandum of Understanding. (c) Vision Care Plan. The City shall provide for permanent -7- full-time employees and their eligible dependents the Group Vision Care Plan, dated January, 1975, designated VSP Plan B, Employee and Dependent, with a ten dollar ($10) deductible, within a reasonable period from the execution of this agreement, no later than June l, 1979. (d) Life Insurance. The term life insurance, including accidental death and dismemberment, in the amount of five-thousand dollars ($5,000) per employee, shall be continued during the term of this Memorandum of Unders tandi n§. (e) Long-Term Disability Insurance. A long-term disability insurance plan which, subject to the terms and conditions thereof, shall. provide for payment of two-thirds (2/3) of base salary during disability and shall be continued at the current benefit levels during the term of this Memorandum of Understanding. 8. Retirement. The benefit contract commonly referred to as the 2% at 'age 50 formula in effect between the City and the Public Employee's Retirement System (PERS) in behalf of eligible permanent full-time employees of this unit as of April 1, 1979 shall be continued during the term of this Memorandum of Understanding. 9. Vacation. Beginning with the pay period that includes January 1, 1976 employees in Unit 5 shall be entitled to accrue annual vacations without loss of pay in accordance with the fOllowing schedule: Length of City Service One to four years, inclusive Five to fourteen years, inclusive Fifteen to twenty-four years, inclusive Twenty-five or more years Annual Vacation 12 working days 17 working days 22 working days 27 working days -8- 10. Retired Personnel Health Insurance Plan. Beginning on or before 'December 26, 1975 City shall provide a health insurance plan for employees who are retired on a disability or service retirement, after July l, 1975 and only for such employees, and City will pay the larger of the following two amounts: (a) A percentage of the retiree's premium for said health plan equal to the percentage of "final compensation" used to compute the employee''s service retirement allowance; or (b) A percentage of the retiree's premium for said health plan equal to the percentage of "final compensation" used to compute the employee's disability retirement allowance. City will continue contributing to said health plan in the amount described above until the employee reaches age 65 or. becomes gainfully employed as hereinafter defined, whichever comes first. "Gainfully employed" as used herein is defined as employment or self employment which produces gross income for the individual in an amount in excess of twenty-five (25%) percent of the base salary then being paid for the position, said employee last held with the City, or for a comparable position if the employee's last position has been abolished. Once coverage has been terminated because of age or employment, employee forfeits any further right to coverage. Employee must elect coverage immediately prior to retirement. 11. Education Incentive/Longevity Pay Plan. The Education Incentive/ Longevity Pay Plan, as set forth in Exhibit C, shall be continued during the term of this Memorandum of Understanding. 12. Deferred Compensation. All permanent full-time employees are eligible, subject to the terms and conditions thereof, to participate in the City of South San Francisco Deferred Compensation Plan. -9- 13. Employees Covered. The provisions of this Memorandum apply to the employees represented by Unit 5 - South San Francisco Police Association. 14. Modification. This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between 'the City and Unit 5 and conflicting Personnel Rules, Regulations, Resolutions and OrdinanCes. This Memorandum of Understanding does not modify any provisions of the Personnel Rules of the City except as expressly provided herein. 15. Dispute. Any dispute over an interpretation~of this Memorandum shall be processed in accordance with the procedures set forth in the City's Employee Grievance Procedure. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding in the City of South San Francisco on this //~ day of /z~/m,'L/_ , 1979. CITY REPRESENTATIVE -10- EXHIBIT A EXHIBIT "A" TO RESOLUTIOH _174-77 ADOPTED october $, I977 AMENDHENT 2-77 . . . . I~IE~IORAHDU~ OF ~NDERSTANDIRG, .~NIT 5 - ' -. . SODTH SAN F~NCISCO' POLICE ASSOCIAIIO~ . .'. 2ULY 1, 1975-.aUHE ~0, 1978 - .. ' .. -.Adding Surviving PrOvisions . '. . ' . ' . ':'. ' . -" - '-" -. . . ~ _ . · . ~E CI~ OF SODm SAN F~NCISm {h~¢einafter.fiity) and Unit 5 L -,' .. , South .San Francisco Police Association (hereSnafte~ UnSt 5), on dune 30~' " .1~5, executed a ~momnd~m of Understand~n~ ent~gled '[Nemorandum. O~..~nder- ' standing,-Unit 5, South Sa~ Franciscb"Police Asgociation, July Oune 30, 1978 {hereinafte~.14/U 75-78} ~thich w)s accepte~ and a~proved by . . ~esolution ~o. 87-75, adopted Ouhe 30, 1975. "-x.', ~- . . " CI~ A~iD. UNIT 5 ~n 1977 ~omenced negotiations to amend 1.1/U 75-78 ' to include the 2% ~ Age 50 Public Safety Retirement Formula. ~ai'd nego- ~. - . ~iatiens involved establishment o~ a ~ew Base salary'ih'1977, tioa o[ }thich 5ncluded two factors~ {1) the cos~ of 15vSn~ adjus~ment,and (2) a PERS Actuarial Valuation. As of June 22, 1977,' the P. ERS Actu~>r~.h.l · Valuation had not been received and the cost of livin9 adjustment uas due o to b~ paid as of June ~4, 1971. l'he parties therefore executed on June ~7., 1977, ~mendment 1-?7'to I. VU 75-78 uhich ~.;as approved-and accepted by the City on June 22, 1977, by Resolution 98-77. Said Amendment 1-77 recog- nized the accrual of the cost of living adjustment, but deferred payment as in said Amendment provided, pendi.n9 execution of. this Amendment 2L77. lltE ['ERS ACTUARIAL YALUAIION consistin9 of (1) Public Employees Re- . tirement System Actuarial Valuation Report dated June g, 1977, s. Sflned by · Kisuk Yanfl, Chief Ac'tuary, which shows in Subsection B.a. the present ~'ate and duly 1, 1977 rate for public Safety members h @'Age 55. Re'l:iremen~: Fo~- mule, ~nd (2) Public Employees Retirement System Actuarial Report dated June 14, 1977, signed by Kis6k Yang, chief Actuary, 'whi ch shows in coiumn [.i.'"... A.a. ~' subsection B.a' the proP'o~ed a~ency contribution'.ra~e for the 2% 'gge 50 'Retirement Formula, has been received and the part~e~ no~ des~re'~.- ~m;na subparagraph :2(c)' of M[U 75-7a to recite the ~e~. Base Salae~ . . in-accordance with the factors :herein set forth~ provide fo~' related ters and contSnue in effect all othe~ provisions of sa~d Memorandum o~ . Understanding. Copies of Said Valu~jQn Re~ort are on file in"the Offices .. . ." -[.. · . ~ ~ ' .. ~. - '.' .. _ ~ of th Director o~ Finance and City Clerk. . .:..~. ~ CITY A~D UNIT 5 AC~tOWLEDGE and affim that they have met and conferred'-' in [ood faith and in al1 respects fulfilled'their obligation under la~'~ to 'meet and confer in ~ood faSth reflardin~ this gmendment ~-77 to l'IJ~ Representatives o~ the CS~y have aflreed to present.this ~endmen~ ~-77 to ...~ M/~ 7~-78 to the City Council for approval and acceptance, and'representa- rives of Unit 5 have agreed to present same to their membe~rs for approval . . and acceptance. . o IN CONSIDE~TI'ON OF THE AFOREGOING PROVISIONS At~D TIlE COVENA~ITs ArID · CONDITIONS HEREINAFTER SET FORTH, IT IS AGREED AS FOLLO~,.;S- . Amendment of Subparagraph 2{c) of ).I/U 75-78. Subparagrhph 2{c) of N/U 75-78 is hereby amended .to read as . foll ows: 2(c) Rel~irement and Salary Relati6nship - Total Compensation. Pol.i ce Departme. nt members ·represented by Unit '5 desire to · o obtain the 'substantial benefits of the 2g. @ Age 50 Public. Safety- Retirement'Formula' by. having City .amend the PERg agency contract: · . to so provide. Gity does not desire to so amend because {1) City' .'-'.. -. how p~-ovides the ½ ~ Age, 55 Public Safety Retirement Formula which : includes public safety mere.bets (police.and' fire) represented.by ' o . · Units 1,'5 and 6, and said employees not'repres'ented by. said'Units., . · . · . - o and future public safety employees, all.at an'agency ~ontributi~n - - Fate City is presently willing to .pay-vlhen considered in relation - '- · to cost of 'salaries and other benefits vlhich constithte total '' . compensation, and {2) in accordance with applicable retirement: "'..F"..!:: . -- : - .. : . . · such amendment will cause City to incur an .increase. in the agency . .'-' .. contribution-rate for all public safety p. ersonn, el .(flee and"police), · ~,~hich increase in cost of total compensation .{'including but not: : o l!mi. ted t° salaries, retirement'and other benefits) City is um.)ill- - . lng to incur. Police officers represented by Unit 5> for the purpose . of establishing a reasonable City 'cost for said total'compensation, ' . a~d, therefore, to induce City to' so amend the PERS contract propose and agree, pursuant to Government Code Section 3500, et seq., to establish a Ne~,~ Base Salary for said employ, ecs, and have said ~)nployees not represented by said Unit furnish ~he assurances described below which City nay' require as a condition precedent to the PERS contract'amendment, and {2) make the representations des- o 3~ cribed below as the basis for a condition precedent ~:lhiEti'Ci'ty nay' require prior to the PERS contract amendment. 2(c).1 Ile$~ Base Salary. ' 2(c).1.1' Establishment of New Base Salary. ' · . In 1977-78 a New Base Salary for po'lice officers repre- sented by Unit 5 is hereby e~tablished, same to be effective on · NJvember 11, i977 . ;.'.; Said t,,'ew Base Shlary shall be com- . . puted as follo~,~s: '(a) Add 'to each sa'id police officer's 1976-77 bi-weekly salar7 t'an§e 6. S%' thereofiuhi.ch is-%he annual percentage - change in..cost,of living as re~lecte~t i,n~..the bay area cost of living · · index for the' preceding completed afinual index.perio.d {April 11t76 - · 'Apri!' 1977-), and (2).then deduct .f. rom that total 7.4~% thereof, k~5d ~ercen{age'being the diff~'6hce between'thj City's total Compen- sation cost for the ~ @ Age 55 Retirement' Formula and the 2% @ Age' .50 Retirement Formula for public ~afety membeQs {p'olice and fire.) · · ',., . · '2{c) '1;2 Significance and Use of }few Base Salary. for Police . · · Officer~ Represented by Un1 t 5. - Survi val of Pr. ovis~ on. · · · 'l'his provision states the si§nificance and'use df the o o 'l'lew Base Salary for police officers representerl by Unit S, also- referred to as Base Salary, established pursuant: 1:o paragraph · o 2{c}.!.1 of this Memorandum of Understandin[1 for future related acti6ns, lhis provision shall survive the term of ].I/U 75-78,and shall run concurrently with the period for ~,~hich the 2% 0 Age 50 Public Safety Retirement Benefits are applicable to eligible ' Poli~e Deparb~ent members represented by Unit 5, in accordance ~ith PERS rules and regulations, including thos~ appointed- - . after .the.effective date of t~is l,lemorandum of Un~erstandlhg. · Each of the follo~ing subparagraphs may bj r6ad in c~njunction . . sv$th one or more of the o~her su~paragrJphs and wit~ this .-- 14emorandum of Understanding to' interpret'this provision. ' (a) Unit 5, Police Department memb. er.s', liew Base Salary . .- .- . shall be the sala~ es~lSsh~d pursuant to pqragraph .' -- .. . 2{C)1,1 'of ~is I. lemrandm' of [ndQrstandi,g, and- .. changes themih in s~bsqu~ years or. other times by , . randum of' Unders~ndlng or othe~¢~'shall be ~esign~ted "Amended B~se Salary." "'~ -. --'-" '"" ' "- ' .(b) Changes in said Ba~ Salary or..Amended Base' Salary} '' whichever is applicable, shall not be based on the fact the deduction set f6rth in paragcaph 2cC):1:1 :J~ hi~ randu~:o~ ~nde~andin~- was made to compute-sa~e o¢ based~ '-~. ~n the amount'of said de~uctionz .¢i~y.~ay re~use~ to '- ' consider the. fact of saSd deduction or ~he amoun~ thereo~ - - in future negotiations as a basis for increasing the - ~ .- . Base Salary or Amended Base Salary, and s~id refusal . . 'shall not be deemed a refusal to meet ann confer in ~ooa -' . . faith or othen-~ise violative"Of the l'leyers--l.lili~s-Brown Act (Government Code Section 3500, et seq. · ~Fhe said Base Salary Or Amended Dase.'Salary, ~-;hicheve~' is applicable,' resul ts .in a comparison'difference .5. said salary and the salaries of other deparbments as well as the salaries of. police officers in comparable agencies. If said comparison difference eq6alg or is . . . less than 7.44%, it shall not serve as the sole'bas'is ' . · for negotiations related to Police Department members' .. o. salary b&nefits or other terms and c0nditionsof employ... .' merit or inc.r.eases or adjustments to equal or- approx, i.mal:e ... salaries, benefits or other' terms and conditions of - o employing:hr for members of Unit 5, other City Depart- ' ' -- ments or comparable agencids, or to othen~iseincrease- " -.said· salaries. I.f the comparison difference.'equals or'~s '.- .' . .-- . e - .~ · less than 7.44%, City may refuse'~o' consid6~ samo as a basis for 'increasin§ th6'Base Salary or Amended 'Base. . o Salary; and said~r~fusal shall, not be .deemed a refusal. " to'meet and confer in §ood faith or otherwise' viola-l:iv'e ':' of the Reyers-Rilias-Bro:.~h Act (Government Cod.e section :.... 3500, et seq.). ' ' . -- - --.'~ - o · · If an increase by reason of cost of li¥ing' or othen.~ise · is authorized by an .approved Memorandum of Understanding,, · said increase in an amount or precenta~le shall be .. applied to the Police Department members' Ba~e Salary · or Amended Base Salary, ~.:hichever is then in effeci;. . '(el If ~ decrease in' salaries is authorized by an apPro, ved · Remorandum of Understanding or other~.~ise~ same bein~ applicable to Unit 5, or the Police Depa~:tment~ or all · . DeparbnenLs, the a~unL.of decrease or adjustmenff o~ · percentage thereof shall be applied'to the Police De- partment members' Base Salary or Amended Base Salary,~ whichever is then in effect. . 2.1.3 Assurances by. Eligible Police Department'Mem~r~'3N~t'Repre- . sen'te~ b.V Unit 5. ~ . ... : :"" ' 'In additio~ to' the. acceptance and aliproval 'of'paragraph .2(c) and subparagraphs thereof of this Memorandum of UndeYstanding.~.. · · by vote of the membership, each police officer eligible for said "' retirement program'¥~ho is not rePresente.~ by Unit 5'shall subscribe · . the acceptanje and assurance to b~ attach~..'hereto as Exhibit "A" ~ . and i.ncorporated herein by this reference as if set forth ~erbatim~ " .. :m:. o '' . , .- · - , . o ' ' ' - ' ' "Police officers appointed after, the eff~c[ive 'date of this I.temor- · and'urn of Understandin§ shall subscribe to a s'~mila~:acceptahce and assurance as a.term and condition of employm~nt~ - ' . , . · - . 2.2' City Agreement to Amend the PERS Contract. - .~ ..''- - o · City actin§ on the inducements, assurances and representations . hereinbefore set forth, shall amend'the PERS contract' to provide. · ~he 2% @ Age 50 Public Safjty Retirement Formula for police officers represented by Unit 5 ¥~hen all o.f the follo~.;ing hav.e.o, ccurred. (a) This Memorandum of'Understanding h~s been duly.executed ,. by the-representatives of City and'Unit 5, and .thereafter accepted and approved by the members of Unit 5 and rati- fied by the City Council. - 7~ . . · · (b) Ali of the police officers eligible for said Retire- · o . o. , 2. .payment of Cost'of Living Adjustment, 1977-78 for Period ,Prior ~o "' · . _Establ.i_shment of~.lt6w Base Sala?y:~- . .-- -' .. - .... ,o .*. ,;.,~,.o o In accordance )vith r,l/u 7~'-78, June 24, 2977, };as set as the date for application of the 6.5% cost of living adjustmentto sai'd police officer~' . ~ . 19715'--77 Base Pay and computation of the New Base'SalarT' a~; 'l:heFein provided,.: o. meat Formula but not repres, ented by Unit 5 have executed the acceptance and assurance and same has .. ' · been'attaChed hereto as Exhibit "/f". . - ' · · (c) ·Units 1 and 6 have a.ttached or caused to be attached · · to the. respective Memorandums of Understanding provi'd- · . .. · lng the'Retirement Program f.o.r public, safety members '.: . . {police'and fi~'e), an.acceptan.ce and. assuranc~ sub- ".. stanti~lly ~imilar. to Exhibit "A;! ~vhich is.a.ttached to': · .. thi ' " ' ' ' ': ": ' s Amendment 2-77-~ .- . ,-. . . :. -- . City and Unit '~.~:..-'{ pursuant to Amendment 1-77,'def6rred payment Of said'adju, st-'""--'-'. · m~nt and said computation. The Re',~ Base Salary ,having been compu~:ed.and 'the' date f~r establishment havin9 been determined the parties.agree, that each ... said policeoff, icershall receive 6,5% of the total sahry l~aid at ~he 1976-77 .rate b~h.teen June 24, 11t77, and the'effective date of the Hew Base salar'yj ' · applying' said perc~nta§e as same would i~'e applied to salary.ran[leS. Payment shall be rode on. or before December 29, 1~77. ' 3. Effect of this Amendment, Excep. t as herein provided, this Amendment 2-77 does not modify 8~ o. Or change any other provision of M/U 75.-78. Itl HITNES$ HHEREOF, the parties hereto have executed this Amendment ' 2-77 in the City of South San Francisco on the 5th day of 1977. CITY' S REPRESENTATIVE . · . · -b.~. ' : " C.%.~al ter~B~ rkel o . .. City. l~ana§er · . · . · . · .. .. October -. o. · ' I i Tl ' II EXHIBIT "A" IQ AMENDMENT 2-77 · UNIT 5 - SOUTH SAN FRANCISCO POLICE DEPARTMENT ADOPTED BY RESOLUTION 174-77 PASSED October 5, ~977 - " 'ACCEPTANCE' AND ,A. sSO, RANCE '-' . '. . · · · . . ~[IIE UNDERSIGNED, police' officers of the South San Francisc6'Police · .. -e Department, };ho ~re not repre, sented by Unii~ 1.. or 5 hnd ~ho are eliflible ' for PERS Public Safety 2g @ A§e 50 Retir.ememt Formula,-ACCEPT AN[J-AGREE to . the provis.ions of M/IJ 75-78~'as.~mended by Amendment 2~77, to which this -. Exhibit is'atta~he~t.' ' , --' -- . -. - 6a ted' O z~ ~L5.7' 7 7 .- . : " : ' ~ '-- :'T. e. EXHIBIT B SALARY RANGES EFFECTIVE JULY l, 1978 FOR UNIT 5 CLASS I F I CAT I ON RANGE A Police Officer 688 Police Officer II 758 Police Officer - Motorcycle 723 550.40 606.40 578.40 B I-WEEKLY SALARY B C D E 577.60 607.20 636.80 668.80 636.80 668.80 701.60 736.80 607.20 637.60 669.60 703.20 EXHIBIT C CITY OF SOUTH SAN FRANCISCO EDUCATION INCENTIVE PAY PLAN COMPROMISE POLICE DEPARTMENT 1. Three years minimum service and 60 accredited units, Associate Arts Degree, or P.O.S.T. Intermediate Certificate in related education within the scope of th'e Administration of Justice. - Plus 5% - 2. Completion of seven years of service with the City of South San Francisco Pol ice Department. - P1 us 2½% - 3. Completion of seven years of service and 60 accredited units, Associate Arts Degree, or P.O.S,T. Intermediate Certificate in related education within the scope of the Administration of Justice. - Plus 7½%- 4. Completion of fourteen years of service with the City of South San Francisc.o Pol ice Department. FIRE DEPARTMENT 1. Three years minimum service and 40 accredited units or Associate Arts Degree in related education wi'thin the'scope of Fire Science or Fire Technology. - Plus 5% - 2. Completion of seven years of service with the City of South San Francisco Fire Department. - Plus 2½% - 3. Completion of seven years of service and 40 accredited units, or an · As"sociate Arts Degree in related education within the scope of Fire Science or Fire Technology. - Plus 7~- 4. Completion of fourteen years of service with the City of South San Francisco Fire Department. - Plus 7½%- - Plus 7½%- Employees from both departments have from their third year to their fourteenth year to qualify for the 5% for education. If by their fourteenth year they have not done so, they are given that 5% at the completion of their fourteenth year. However, step no. 4 will only apply to those employees presently with the Police or Fire Departments, and not for any employee hired after the effective date of this plan. This compromise agreement was reached on August 3, 1969 and is mutually agreeable to both the Police Department and the Fire Department. -1- Those eligible for the above described plan are: all firemen.and all sworn police officers, the police technician and clerk and matron dispatchers. Excluded from the plan are police steno clerks, secretary, parking enforcement officer and communication clerk. All those eligible for the plan are no longer eligible for the previously adopted longevity pay program, i.e., $5.00 a month extra after 15 years, etc. Effective date- July l, 1969. -2-