-Memorandum of Understanding-

CITY OF WEST COVINA
AND
WEST COVINA POLICE MANAGEMENT ASSOCIATION
REPRESENTING
POLICE LIEUTENANTS AND
POLICE COMMANDERS

MEMORANDUM OF UNDERSTANDING

THIRTY-SEVEN MONTH
AGREEMENT
JULY 1, 2004 - JULY 31, 2007

TABLE OF CONTENTS

Preamble
Section 1. Salary
Section 2. One Time Lump Sum Bonus - Non-Persable
Section 3. Salary Schedule
Section 4. Senior Officer Pay
Section 5. Pers Retirement Benefits
Section 6. Pers Employee'S Contribution - Paid By City
Section 7. Medical And Dental Insurance
Section 8. Retiree Health Benefit - City'S Monthly Contribution
Section 9. Deferred Compensation
Section 10. Life Insurance
Section 11. Uniform Allowance - In Lieu Of Issuance
Section 12. Education Incentive
Section 13. Tuition Reimbursement
Section 14. Hours Of Work
Section 15. Overtime
Section 16. Compensatory Time
Section 17. Vacation
Section 18. Administrative Leave
Section 19. Sick Leave
Section 20. Holidays
Section 21. Bereavement Leave
Section 22. Call-Back
Section 23. Call-Back, Court "On-Call" And Court Call-Back
Section 24. Compensation-Call-Back, Court "On-Call" And Court Call-Back
Section 25. Vehicle Assignment
Section 26. Disability Discrimination
Section 27. Grievance Procedure
Section 28. Employee And Employer Rights
Section 29. Other Provisions Not Covered Here
Section 30. Master Mou
Section 31. Notice Of Future Meet And Confer
Section 32. Severability
Section 33. Term
Signature Page

MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
AND WEST COVINA POLICE MANAGEMENT ASSOCIATION

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

The representatives have reached an understanding as to recommendations to be made to the City Council for the City of West Covina and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will implement this agreement and provide for the changes in wages, hours, fringe benefits, and other terms and conditions of employment for the members of the Association effective July 1, 2004, (except as otherwise stated herein) and continuing through the term of the MOU through July 31, 2007.

THEREFORE, the representatives of the City and the Association agree as follows:

SECTION 1. SALARY PREAMBLE
In an effort to maintain competitive salaries, the City and the Association will cooperatively join in the process of developing new programs, determining new revenue sources, and ways of delivering services in a more cost effective manner. Participation by the employees shall play a significant role in achievement of productivity and program goals resulting in agreed upon periodic adjustments to salary.

SECTION 2. ONE TIME LUMP SUM BONUS - NON PERSABLE
One-Time Lump Sum Bonus
Effective upon ratification of this MOU by both PMA and the City, each unit employee (employed by the City on or before the date the MOU is ratified by the City) shall receive a one-time (non-PERSable) seven hundred ($700) dollar bonus.

SECTION 3. SALARY SCHEDULE - July 1, 2004 through July 31, 2007
A. Salary Increase - July 1, 2004 through June 30, 2005

Effective the first payday of the pay period beginning on or after July 1, 2004, all classifications in the unit shall receive a four percent (4%) salary increase above their classifications' current assigned salary range which was in effect in the salary range scheduled on June 30, 2004. This increase will be paid retroactively, as soon as possible after full execution and adoption of this Memorandum of Understanding by the City Council.

B. Salary Increase July 1, 2005 through June 30, 2006
Effective the first payday of the pay period beginning on or after July 1, 2005, all classifications in the unit shall receive a three percent (3%) salary increase above their classifications' current assigned salary range which was in effect in the salary range schedule on June 30, 2005. This increase will be paid retroactively, as soon as possible after full execution and adoption of this Memorandum of Understanding by the City Council.

C. Salary Increase July 1, 2006 through December 31, 2006
Effective the first payday of the pay period beginning on or after July 1, 2006, all classifications in the unit shall receive a one and one half percent (1_%) salary increase above their classifications' current assigned salary range which was in effect in the salary range schedule on June 30, 2006.

D. Salary Increase January 1, 2007 through July 31, 2007
Effective the first payday of the pay period beginning on or after January 1, 2007, all classifications in the unit shall receive a one and one half percent (1_%) salary increase above their classifications' current assigned salary range which was in effect in the salary range schedule on December 31, 2006.

SECTION 4. SENIOR OFFICER PAY
Effective January 1, 2004, in recognition of continuous sworn service with the City of West Covina, the City shall provide additional compensation for years of service as follows:

• 10 years of service: $100 /month
• 15 years of service: an additional $100 for a total of $200/month
• 20 years of service: an additional $100 for a total of $300/month
• 25 years of service: an additional $100 for a total of $400/month

In order to receive the aforementioned additional monthly compensation, the Employee must demonstrate that the years of service were as a sworn police officer and represent continuous employment with the City of West Covina.

SECTION 5. PERS RETIREMENT BENEFITS
The contract between the City and Public Employees' Retirement System (PERS) shall provide the following benefits for unit employees:

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

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

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

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

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

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

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

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

I. Other PERS Benefits
Any other PERS Benefit Programs that are provided to the West Covina Police Officers Association shall be provided to the Police Management Association.

SECTION 6. PERS EMPLOYEE'S CONTRIBUTION - PAID BY CITY
A. Added to Base Salary Reported to PERS

1. There shall be added to each unit employee's base taxable compensation paid by the City on behalf of unit employee, an amount known as the member's contribution reportable to the Public Employees Retirement System.

2. This amount shall constitute the entire member's contribution that is required to be made under the System as determined below:
The taxable base pay shall be inflated by 9% via the following method:

1. Base pay divided by .91 times 9% equals employee contribution.
   
   
2. Example: $1,000 divided by .91 = $1,098.90 x 9% = $98.90 (employee's contribution paid by the City). Known as the "West Covina Plan", this is to say the taxable base is .91% of the total.

B. Constitute Deferred Compensation to PERS
The amount of additional compensation payable pursuant to this section shall constitute deferred compensation and the City shall pay the amount so deferred to the Public Employees Retirement System for the account of the unit employee entitled thereto as required by Section 20683 of the Government Code.

SECTION 7. MEDICAL AND DENTAL INSURANCE
A. City's Monthly Medical Insurance Premium Contribution
The City shall contribute an amount equal to the Kaiser Full Family (Kaiser Plan +2) monthly premium rate to offset the unit employee cost of medical (health) insurance premiums for eligible employees.

B. Employees Monthly Medical Insurance Premiums Contribution
Any medical insurance plan premium rates which are higher than the Kaiser Full Family (Kaiser Plan +2) shall be paid by any unit employee who is enrolled in a medical insurance plan, which are higher than the Kaiser Plan +2.

C. Medical Insurance Cap
1. Effective July 1, 2004, the maximum monthly amount unit employees may choose to use towards the City's payment for medical premiums, dental premiums, deferred compensation, or cash out in lieu of only medical premiums shall be capped at six hundred dollars ($600) per month. Any cost paid by the City above the six hundred dollars ($600) cap can only be used for monthly medical premiums.

2. Unit employees who received payment in excess of six hundred ($600) medical cap on and after July 1, 2004, shall have monies repaid to the City by having them deducted from any retroactive payments the City owes these unit employees as a result of entering into this MOU. The monies received by the City as a result of the medical cap will be placed in the City's General Fund and used for all purposes by the City.

D. Dental Insurance
The City shall provide up to $20 per month to offset the cost of dental insurance.

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

SECTION 8. RETIREE HEALTH BENEFIT - CITY'S MONTHLY CONTRIBUTION
A. City Contribution Amount

1. Provided that employees represented by the Associations have participated in the Public Employees' Medical and Hospital Care Act (PERS Health Plan) with the City, the City shall pay four hundred ($400) dollars per month for eligible retiree towards the payment of premiums for retiree health insurance under the Program.

2. Effective January 1, 2006, the City will increase the monthly amount paid to four hundred and seventy five ($475) dollars per month for each eligible retiree.

3. Effective January 1, 2007, the City will increase the monthly amount paid to five hundred and fifty ($550) dollars per month for each eligible retire.

B. If City No Longer in PERS Health Plan
Should the City withdraw from the PERS Health Plan during the term of this agreement, the City and Associations shall meet to determine what the monthly contributions toward the new medical health plan would be if the cost of the medical insurance premium drops below five hundred and fifty ($550) dollars per month.

SECTION 9. DEFERRED COMPENSATION
Employees at the rank of Police Commander shall be provided $150 per month in deferred compensation. Police Lieutenants shall be provided $100 per month.

SECTION 10. LIFE INSURANCE
A. Policies

1. The City shall provide all unit employees a term life insurance policy in the amount of $100,000.

2. The City will also provide a $100,000 life insurance if killed in the line of duty.

B. Retired Employee Term Life Insurance

1. Effective November 2005, or sooner if administratively possible, the City shall provide all unit employees who retire from the City a term life insurance in the amount of ten thousand ($10,000) dollars.

2. It is understood there shall be no reduction in benefits based on age.

SECTION 11. UNIFORM ALLOWANCE - In Lieu of Issuance
A. Purpose
Effective August 1, 2005, the City shall provide an annual uniform and maintenance allowance for all unit employees. The uniform allowance is for the purpose of maintaining and cleaning required uniforms due to normal wear and to purchase and maintain non-safety equipment as required by Police Management.

B. Allowance and Payment
1. The annual uniform and maintenance allowance shall be eight hundred dollars ($800) and the annual payment will be made in January of each calendar year.

2. Effective January 1, 2006, the annual uniform and maintenance allowance shall increase to nine hundred ($900) dollars.

3. If a unit employee receiving such payment terminates during the course of that year, the uniform allowance will be adjusted for those months served and the balance will be deducted from the final paycheck for that employee.

SECTION 12. EDUCATION INCENTIVE
The City will provide an educational incentive, effective January 1999, of $100 per month for a Bachelor's Degree and $100 per month for a Master's Degree.

SECTION 13. TUITION REIMBURSEMENT
Effective July 1, 2005, it is understood that the annual maximum tuition reimbursement shall increase from $1,130 to fifteen hundred ($1500) dollars per fiscal year, including books.

SECTION 14. HOURS OF WORK
Daily hours of work or shifts of employees within departments shall be assigned by the Chief of Police as required to meet the operational requirements of the department. The City has established different work schedules to correspond with FLSA guidelines as follows:

A. Lieutenants assigned to the Patrol Division shall work a 28-day work period (7(k) exemption to the FLSA) on a 3/12.33 work schedule. Salary is based upon a 37 hour work week with the condition that at the end of the month the employee will owe the City 12 hours to be reconciled in the form of a scheduled payback.

B. All other non-patrol police management employees are assigned to a 4/10 work schedule that begins on Saturday at 12:00 A.M. and ends on Friday at 11:59 P.M.

SECTION 15. OVERTIME
It is the policy of the City of West Covina to avoid the necessity for overtime work whenever possible. However, when overtime is necessary and approved by the department head, payment will be time and one-half for all hours worked in excess of the normal daily work shift for Police Lieutenants only. Vacation, sick leave, holidays, jury duty and compensatory time off shall be considered hours worked.

SECTION 16. COMPENSATORY TIME
Subject to approval of the Chief of Police, all overtime worked by Lieutenants may be credited as compensatory time at time and one half. In the absence of approval of the Chief of Police, the maximum amount of compensatory time which may be accumulated by any one employee shall be eighty (80) hours.

SECTION 17. VACATION
It is the policy of the City that whenever possible, vacation be taken annually in the year earned. The time during the year at which an employee may take vacation shall be determined by the appointing authority of such employee with due regard for the wishes of the employee and particular regard for the needs of the service.
Vacation leave shall accumulate to a maximum of:



A. Vacation Accrual
1. Accrual Rates
Each employee shall accrue vacation leave with pay at the rate of 3.08 hours per pay period up to and including 60 months of service, and at the completion of one year of service, 40 additional hours vacation shall be granted; from 61 up to and including 108 months, vacation shall be earned at the rate of 4.62 hours per pay period; and from 109 up to and including 120 months, vacation time shall be earned at the rate of 4.92 hours per pay period; and from 120 up to and including 132 months, vacation time shall be earned at the rate of 5.23 hours per pay period; and from 132 up to and including 144 months, vacation time shall be earned at the rate of 5.54 hours per pay period; and from 144 up to and including 156, vacation time shall be earned at the rate of 5.85 hours per pay period; and from 156 or more months, vacation time shall be earned at the rate of 6.15 hours per pay period, up to a maximum not to exceed 160 hours earned vacation per year.

B. Vacation Accrual for Holidays If a holiday falls within a scheduled vacation period, eight additional hours of vacation shall be granted.

C. Payment for Unused Vacation
1. Any employee, who has been in continuous full-time service of the City for a period of six (6) full months or more, who is terminating his/her employment, shall be paid for accrued vacation time on the effective date of termination.

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

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

E. Payment-in-lieu of Vacation
Employees with less than five years of City service may receive payment in lieu of up to 80 hours of accumulated vacation time in any calendar year upon filing a written request with the Finance Department at least five days prior to requested date of issuance of the check, upon approval of department head. Employees with five or more years of service may receive payment in lieu of up to 120 hours.

SECTION 18. ADMINISTRATIVE LEAVE
A minimum of 56 hours per year administrative leave (pro-rata based upon date of appointment) is granted to Police Commanders. Additional administrative leave, based upon annual vacation accruals, may be granted at the discretion of the Chief of Police. Such additional leave time shall be calculated at the rate of twenty-five percent of an employee's annual earned vacation rate as of January 1 of each year.

SECTION 19. SICK LEAVE
To aid in reducing illness, the parties shall work in unison to educate and emphasize to employee members the importance of proper diet, sleep, exercise and other pertinent practices in maintaining a health condition.

A. Allowance/Accumulation
City employees shall accrue 96 hours of sick leave per year. Following completion of thirty (30) calendar days of continuous full-time service, each City employee shall accrue 3.69 hours per pay period of sick leave pay. Thereafter for each calendar month of service in which the employee has worked or has been paid for more than two-thirds (2/3) of the actual number of working days of such month, he/she shall be allowed eight hours of credit for sick leave with pay. Sick leave may be used by new employees following thirty calendar days of employment. Unused sick leave may be accumulated without limit.

B. Use of Sick Leave
No more than 48 hours of sick leave within any calendar year may be granted to an employee for the care or attendance upon members of his/her immediate family, and not more than 48 hours of sick leave within any calendar year may be granted to an employee each absence due to death of his/her immediate family. The phrase "immediate family" is defined as the husband, wife, parent, brother, sister, child, and a grandparent or grandchild, if residing within the home or within the same place of residence of the employee.

C. Reinstatement of Sick Leave
Upon reemployment, an employee who was terminated due to layoff will have sick leave time reinstated in that amount accumulated at the time of layoff up to a maximum of 320 hours. In the event that through the course of continued employment accumulated sick leave exceeds 320 hour, payoff for such excess accumulations shall be in accordance with the payoff provisions of the program, but in no case shall the aggregate of such amount(s) exceed that provided by the policy.

D. Sick leave will be earned at the rate of 3.69 hours perpay period for a possible total maximum of 96 hours per calendar year. Sick leave used during each calendar year will be charged against the current year's earnings.

In November of each year, the City will determine the amount of unused sick leave for the calendar year that shall begin on the 25th biweekly pay period of each year through the 24th biweekly pay period of the following year for purposes of this provision. The specific dates between these pay periods vary from year to year and shall be provided to the employees in November of each year for the following year. Each employee must carry over to a sick leave "bank" a minimum of 56 hours per year in December, and may request cash payment for any hours above 56 or may add it to the sick leave bank. The sick leave payoff shall be based upon the pay rate of the employee as of the cut off date of the above defined sick leave calendar year. If 56 hours of unused sick leave are not available, the number of unused hours must be carried over to the sick leave bank. Employees shall not be allowed to change sick leave to other forms of paid leave upon return to work. The current payoff programs at termination or retirement, as detailed in the Personnel Rules, remain unchanged.

E. Sick Leave Pay-Off Upon Termination
Employees upon termination of continuous service, other than by discharge, shall be paid for one-third of all sick leave accrued to the time of such termination, to a maximum of 400 hours.

F. Physician's Certificate on Use of Sick Leave
The Department Head may require evidence in the form of a physician's certificate, or written statement, as to adequacy of reason for any employee's absence of two (2) or more consecutive working days for which sick leave was requested. A failure to supply or provide said certificate or written statement shall be grounds for denial of sick leave pay and the imposition of such disciplinary action as may be deemed appropriate.

G. Physical Examination
Any employee absent from work for a period of three (3) or more consecutive working days, due to illness or accident, may be required to submit to and successfully complete a physical examination before returning to active duty. The physical examination will be conducted by a physician of the City's choice, with all costs to be paid by the City.

SECTION 20. HOLIDAYS
A. Fixed Holidays
The City will recognize the following days as official City fixed holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas eve, and Christmas Day.

B. Observation of Saturday and Sunday Holidays
For those employees whose normal work week is Monday through Friday, when a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday falls on a Saturday, the preceding Friday shall be deemed the holiday in lieu of the day observed.

C. Holiday Accrual on Flex Day Off or Work day
For all other employees, when a holiday falls on a regularly scheduled day off, the employee shall be entitled to straight time compensation for the holiday. This compensation can be taken either as compensatory time or pay, at the discretion of the employee. When a holiday falls on a regularly scheduled work day, employees assigned to Patrol shall accrue eight hours of holiday time in addition to being paid for time worked.

D. Floating Holidays - Police Lieutenant Assigned to Patrol Only
1. Effective January 1, 2005, only Police Lieutenants assigned to patrol duty will exchange twenty four (24) hours of floating holiday time for twenty four hours of Holiday Leave Time.

2. The Patrol Lieutenant's holidays shall coincide with sworn shift employee's holidays.

3. This means only Police Lieutenants assigned to patrol duty will have ninety six (96) hours of Holiday Time and sixteen (16) hours of Floating Holiday time.

4. All other police management employees shall continue to have forty hours of Floating Holiday time and seventy two (72) hours of Holiday Time.

E. Personal/Floating Holidays
Employees are entitled to 40 hours per calendar year as personal leave time, which is usable subject to the approval of the department head or designated authority. Personal leave becomes usable on January 1 of each calendar year and must be used by December 31 of the same calendar year. Personal leave may not be carried over into the next calendar year nor may the hourly equivalent be paid in lieu of time off.

SECTION 21. BEREAVEMENT LEAVE
Bereavement - 40 hours of said leave per calendar year will be available to an employee in the event of the death of said employee's grandparent, parent, spouse, child, stepchild, brother, or sister. The program is supplemental to the current sick leave program.

SECTION 22. CALLBACK
When Police Lieutenants are required to return to work, the City agrees to pay a minimum of two hours at time and one-half, and time and one-half on an hour for hour basis for each hour thereafter. Employees required to work on a callback basis may elect to accrue an equivalent amount of compensating time off in lieu of paid time.

SECTION 23. CALL BACK, COURT "ON CALL" AND COURT CALL BACK.
A. Call-Back - "Non Court Time"
1. Call-back is unscheduled time worked, performed by an off duty unit employee called back to work after they have completed their regular work schedule and have left work or are on their day off.

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

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

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

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

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

SECTION 24. COMPENSATION - CALL-BACK, COURT "ON-CALL" AND COURT CALL- BACK
A. Call-Back Compensation
Unit employee shall be paid at time and one half (1 _) with a two (2) hour minimum for call-back time, which fall within their normal off duty period.

B. Court "On-Call" - Compensation
1. Effective September 1, 2005, for each court day a unit employee is placed on "on-call" by the Courts, the City shall pay the eligible employee one hundred fifty ($150) dollars per court day, provided such "on-call" occurs beyond the employee's regular assigned work shift.

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

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

2. Effective January 1, 2006, the minimum guarantee for call-back court time shall increase from two (2) hours to three (3) hours.

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

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

SECTION 25. VEHICLE ASSIGNMENT
Police Commanders shall be assigned vehicles at the discretion of the Chief of Police.

SECTION 26. DISABILITY DISCRIMINATION
A. The City's policy shall be to make such efforts as are consistent with federal and state laws to place physically or mentally disabled employees in such positions that can be made available in the City service where their disabilities will not affect the performance of their duties. This policy will extend to all terms, conditions and privileges of employment.

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

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

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

SECTION 27. GRIEVANCE PROCEDURE
Refer to Personnel Rule XV, Grievance and Complaint Procedure, Sections 15.1-15.6.

SECTION 28. EMPLOYEE AND EMPLOYER RIGHTS
The parties hereto agree that this MOU does not in any manner abridge, modify or restrict the rights and prerogatives of employees and the City as set forth in Chapter 2 of the West Covina Municipal Code. It is understood that said rights and prerogatives of the City include, but are not limited to, determinations as to the levels of service, manning requirements, work schedules, transfers, overtime assignments and approval, number and location of work stations, nature of work to be performed, contracting for any work or operations, employee performance standards, discipline and discharge, and reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable, in the performance of City services. It is further agreed that the City agrees to meet and confer with the recognized bargaining representatives regarding the impact of such management decisions on matters within the scope of representation.

SECTION 29. OTHER PROVISIONS NOT COVERED HERE
It is understood that all other items relating to employee salaries and benefits not covered in this MOU, are covered by existing ordinances, resolutions, and policies of the City Council, as well as the Personnel Rules and Regulations presently in effect.

SECTION 30. MASTER MOU
Both the Association and the City agreed to meet in good faith to achieve, as expeditiously as possible, a comprehensive Master Memorandum of Understanding.

SECTION 31. NOTICE OF FUTURE MEET AND CONFER
If the Association desires to meet and confer with representatives of the City of West Covina concerning improvements or changes in wages, hours, or other conditions of employment for the employees represented by the Association which would take effect on or after August 1, 2007, the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 2007. Said request shall contain all of the changes in wages, hours, and conditions of employment proposed by the Association to take effect on or after August 1, 2007.

SECTION 32. SEVERABILITY
It is understood and agreed that this MOU is subject to all present and future federal and state laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by a tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

SECTION 33. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
The City and Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until ratified by those Association members voting who are in classifications represented by the Association set forth in this Agreement and adopted in the form of a resolution by the City Council.

B. Mutual Recommendation
This Agreement constitutes a mutual recommendation by the parties hereto, to the City council, that one or more ordinances and/or resolutions be adopted accepting its provisions and effecting the changes enumerated herein relating to wages, hours, fringe benefits, and other terms and conditions of employment for unit employees represented by the Association.

C. Ratification
Subject to the foregoing, this Memorandum of Understanding is hereby ratified by the authorized representatives of the City and the Association and entered into on this 10th day of August 2005.

D. Term of Memorandum of Understanding
The term of this Memorandum of Understanding shall be for a period of thirty-seven (37) months, commencing on July 1, 2004 and terminating after July 31, 2007.

PARTIES TO THE AGREEMENT


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