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53
_._, __I- . -.-_- --,-- .... _w:_ The Riverside Police Officer's Association and The City of Riverside Memorandum Of Understanding Police Unit

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~­_._,__I­. -.-_­--,--...._w:_

The Riverside Police Officer's Associationand

The City of Riverside

MemorandumOf

UnderstandingPolice Unit

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MEMORANDUM OF UNDERSTANDING BETWEENTHE REPRESENTATIVES OF MANAGEMENT FOR

THE CITY OF RIVERSIDE

AND

RIVERSIDE POLICE OFFICERS' ASSOCIATION

(POLICE UNIT)

PREAMBLE

The purpose of this document is to set forth the full terms and conditions of employmentfor the Police Unit during for the term of July 1, 2009 through December 1, 2014. Thisconsolidated Memorandum of Understanding is entered into with reference to thefollowing facts:

Representatives of Management for the City of Riverside (hereafter "City") andrepresentatives of the Riverside Police Officers' Association (hereafter "Association" or"RPOA") have met on a number of occasions and have conferred in good faithexchanging proposals concerning wages, hours, fringe benefits and other terms andconditions of employment of non-management employee-members in the Police Unitrepresented by the Association.

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ARTICLE 1

ARTICLE 2

TABLE OF CONTENTS

RECOGNITION CLAUSE

PAY PRACTICES

SECTION 2.1SECTION 2.2SECTION 2.3

2.3.22.3.3

SECTION 2.4SECTION 2.5SECTION 2.6SECTION 2.7SECTION 2.8SECTION 2.9

2.9.12.9.22.9.32.9.42.9.7

GENERAL PAYSTEP PROGRESSIONEDUCATIONAL INCENTIVEIntermediate CertificateAdvanced CertificateBILINGUAL PAYASSIGNMENT PREMIUM PAYFIELD TRAINING OFFICER (FTO) PREMIUM PAYTECHNICAL SERVICES UNIT (TSU) PREMIUM PAYCANINE PREMIUM PAYSHIFT DIFFERENTIALPolice Officer Shift-Diff payShift differential eligibilityAssignments to watches not special assignmentsMotors, AI, Metro, Galleria, and PACT includedWatch A & C experience Officer ratio

ARTICLE 3 HOURS AND OVERTIME

SECTION 3.13.1.1

SECTION 3.23.2.13.2.2

SECTION 3.33.3.13.3.23.3.33.3.4

SECTION 3.43.4.13.4.23.4.33.4.43.4.53.4.7

SECTION 3.53.5.13.5.2

SECTION 3.6

PAYMENT FOR OVERTIMEModified Duty Medical Appointments4-10 PROGRAMMeal PeriodsExclusionsCOMPENSATORY TIMEBanking overtime hours is at the election of the employeeComp time capComp time cash outDecember pay downCOURT TIME2 hour minimum2 hour minimum when more than 1 hour before shiftOvertime pay beyond two hoursCourt overtime less than 1 hour before shiftCourt overtime that extends beyond regular shiftMoreno Valley CourtON-CALLOn-Call pay rateOn-Call response within 60 minutes of notificationSHIFT CHANGE

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ARTICLE 4 GENERAL PROVISIONS

SECTION 4.14.1.14.1.2

SECTION 4.2

UNIFORMSCity to provide uniforms and safety equipmentSWA T gear providedVEHICLES

ARTICLE 5 LEAVE PROVISIONS

SECTION 5.1SECTION 5.2SECTION 5.3SECTION 5.4SECTION 5.5SECTION 5.6SECTION 5.7SECTION 5.8

HOURS PER PAY PERIOD ACCRUAL FOR SICK LEAVEFAMILY SICK LEAVESICK LEAVE PAYOUTBEREAVEMENT LEAVEMILITARY LEAVELEAVE OF ABSENCERELEASE TIMEADMINISTRATIVE TIME

ARTICLE 6 VACATION

SECTION 6.1SECTION 6.2SECTION 6.3

POLICYVACATION SCHEDULEVACATION INCENTIVE

ARTICLE 7 HOLIDAYS

SECTION 7.1SECTION 7.2SECTION 7.3SECTION 7.4

7.4.17.4.2

SECTION 7.57.5.17.5.2

JULY 7,1970 MOU TERMSHOLIDAYS OBSERVEDELECTION DAY NOT A HOLIDAYOBSERVANCE OF HOLIDAYSUniformed ServicesNon-Uniformed ServicesHOLIDAY TIME CREDITHoliday day offHoliday bank

ARTICLE 8 EMPLOYEE INSURANCE

SECTION 8.18.1.18.1.28.1.38.1.4

SECTION 8.2SECTION 8.3SECTION 8.4

MEDICAL / DENTALMedical/Dental premium amounts paid by CityContribution amounts for medical and dentalCity discontinuance of health insurance plansContributions do not apply to third payroll in anyone monthLIFE INSURANCELONG TERM DISABILITYHEALTH INSURANCE STIPEND

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ARTICLE 9 RETIREMENT

SECTION 9.19.19.1.19.1.29.1.39.1.49.1.59.1.69.1.7

SECTION 9.29.2.1

SECTION 9.3SECTION 9.4

9.4.2.19.4.2.29.4.2.49.4.2.59.4.2.69.4.2.79.4.2.89.4.2.99.4.2.149.4.3

SECTION 9.59.5.19.5.29.5.39.5.4

RETIREMENT PLANCity to pay employee contribution to PERSCity contribution not included as base salary for PERSOne year highest compensationFinal year 9% bump3% @501957 Survivor Benefit1959 Survivors BenefitReopener on PERS benefitsDEFERRED COMPENSATIONOvertime into Deferred CompensationHEALTH INSURANCE COVERAGE FOR RETIREESHEALTH INSURANCE FUND FOR RETIREES (1991 plan)$75 per month for prior June 1st 1990 retirees$150 per month for post June 1st 1990 retireesEligibility requirementsSpouse of retireeMaximum base salary exclusionHealth coverage exclusionRe-admission into the programAugmentation of the FundTransfer of the FundEnrollment provisions for post 1991 hiresRETIREE HEALTH INSURANCE FUND (2006 Plan)City contribution amount Sept. 2006 to Dec. 2007City contribution amount Jan. 2008Benefit qualificationsAudit

ARTICLE 10 ATTENDANCE AT TRAINING OR SCHOOLS

SECTION 10.1SECTION 10.2SECTION 10.3SECTION 10.4SECTION 10.5SECTION 10.6SECTION 10.7SECTION 10.8

ADO WITH 28 DAYS NOTICEADO SCHEDULINGOVERTIME FOR UNUSED ADO'S28 DAY WORK PERIODS IDENTIFIEDFAILURE TO PROVIDE 28 DAY NOTICE28 DAY NOTICE WAIVERMEET AND CONFER WAIVERADHERENCE TO PROVISIONS

ARTICLE 11 TRANSFERS WITHIN THE DEPARTMENT

SECTION 11.1 MEET AND CONFER REGARDING TRANSFER POLICY

ARTICLE 12 PROMOTION AND RECLASSIFICATION

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SECTION 12.112.1.112.1.212.1.312.1.412.1.4.5

12.1.4.612.1.4.10

SECTION 12.2SECTION 12.3

DETECTIVE PROMOTIONAL PROCESSStandardized written testOral interview boardPromotability surveyInterview by selection panelCertified list, ranked by testing scores and provided to RPOAand testing candidatesRule of3List valid for one yearVACANCIESRECLASSIFICATION POLICY

ARTICLE 13 PERFORMANCE EVALUATIONS

ARTICLE 14 DRUG TESTING

ARTICLE 15 REPLACEMENT OF PERSONAL ITEMS

15. 1 Reimbursement for lost / stolen items15.2 Required for job but not provided15.3 Items lost or damaged on duty15.4 Not to exceed $100 per year15.6 Does not apply to weapons or vehicles

ARTICLE 16 GREIVANCE PROCEDURES

SECTION 16.1SECTION 16.2SECTION 16.3

16.3.116.3.216.3.3

SECTION 16.4

PURPOSEDEFINITIONPOLICYRepresentationTime LimitsArbitration costs and selectionPROCEDURE

ARTICLE 17

ARTICLE 18

ARTICLE 19

AGENCY SHOP

NO CONCERTED ACTIVITIES

PROVISIONS BY LAW

APPENDIX ATRANSFER OF RETIREMENT FUND

APPENDIX BMEMORANDUM OF UNDERSTANDING JULY 7,1970

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ARTICLE 1: RECOGNITION CLAUSE

Pursuant to the provision of the Meyers-Milias-Brown Act, Government Code Section3500, et seq., the City of Riverside recognizes the Riverside Police Officers' Associationas the exclusive bargaining representative of the employees in certain sworn safetyranks employed by the Riverside Police Department (hereinafter the 'Police Unit') asfollows:

Police Unit Included:

Excluded:

Police Officer, Police Detective, Police Pilot

All other sworn safety ranks, all civilian employees,management, supervisory, confidential employees, and part­time employees.

ARTICLE 2:

Section 2.1

Section 2.2

Section 2.3

PAY PRACTICES

GENERAL PAY

2.1.1 The salary ranges for the classifications of theemployee-members represented by the Association inthe Police Unit shall be maintained at status quo for theterm of this Agreement.

STEP PROGRESSION

2.2.1 The years of service requirement for eligibility for meritincreases on appointment or promotion are:

2.2.1.1 Step 1 to Step 2 - 6 months.

2.2.1.2 Each additional step within the range at one (1)year intervals.

2.2.1.3 Pay Step 4 of the Police Pilot salary range will becontingent upon the acquisition of a CertifiedFlight Instructor rating.

EDUCATIONAL INCENTIVE

2.3.1 The City will grant all eligible unit members who qualifythe following amounts for having and/or obtaining anIntermediate or Advanced Certificate from theCommission on Peace Officers Standards & Training(POST) of the State of California.

2.3.2 Intermediate Certificate - Seven and one-half percent(7.5%) of base salary premium pay for those whopossess a POST Intermediate Certificate; or

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Section 2.4

Section 2.5

Section 2.6

Section 2.7

Section 2.8

2.3.3 Advanced Certificate - Twelve and one-half percent(12.5%) of base salary premium pay for those whopossess a POST Advanced Certificate.

BILINGUAL PAY

The bilingual stipend shall be an additional three percent (3%) ofbase salary.

ASSIGNMENT PREMIUM PAY

The assignment incentive pay for each employee serving in thelisted capacities shall be as follows:

Motorcycle Officer 3%Metro Team (Red Team) 3%Collateral Metro (Blue / White Team) 1.5%Metro Sniper Team 1.5%Hostage Negotiation Team 1.5%

The incentive pay calculation will be based off of the employee'sbase salary.

FIELD TRAINING OFFICER (FTO) PREMIUM PAY

2.6.1 Field Training Officers earn straight compensatory time atthe rate of 1.25 hours for each ten hours that they train atrainee. Each training shift will be entered on a FieldTraining Officer Log and these should normally be submittedwhen 80 hours of training have accrued, with an overtimeslip requesting 10 hours of straight compensatory time.

2.6.2 All Field Training Officer Logs and overtime requests shallbe submitted directly to the Field Training ProgramCoordinator or his designee for review and approval.

TECHNICAL SERVICES UNIT (TSU) PREMIUM PAY

Any Officer / Detective who is a certified Explosive OrdinanceTechnician and is assigned to the Police Technical Services Unitworking as an Explosive Ordinance Technician shall receive anadditional 10%.

CANINE PREMIUM PAY

Employees that are regularly assigned responsibility for caninehandling and care shall receive fifteen (15) hours per month paid atthe premium rate equal to time and one half (1 Y2) of the employeesrate. This stipend represents a good faith estimate by RPOA and

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Section 2.9

the City as to the average amount of time that K9 officers devote toanimal care.

SHIFT DIFFERENTIAL

2.9.1 Non-probationary Police Officers with five or more yearsservice as a police officer who are regularly assigned toWatch A (Graveyard shift) shall receive additionalcompensation in the amount of $24.00 for each such shift;non-probationary police officers with five or more years ofservice as a police officer who are regularly assigned toWatch C (Swing shift) shall receive additional compensationin the amount of $18.00 for each such shift.

2.9.2 For the limited purpose of shift differential eligibility underthis clause, "years of service as a police officer" shall meanservice as defined under California Penal Code section830.1 excluding time spent in Police Reserves, at theAcademy and/or as a Cadet.

2.9.3 Under no circumstances shall assignments to Watches beconsidered "special assignments." Shift differential appliesonly to employees classified as Police Officer, and PolicePilot/Pilot Observer.

2.9.4 Subject to the conditions described herein, shift differentialshall apply to officers assigned to Police Motorcycle Duty("Motors"), Accident Investigation ("AI"), Metro Unit("Metro"), Galleria Substation, and Parole And CorrectionsTeam ("PACT").

2.9.5 Police Motorcycle Duty ("Motors"), Accident Investigation("AI"), Metro Unit ("Metro"), Galleria Substation, and ParoleAnd Corrections Team ("PACT") whose regularly assignedshift begins at 12:00 p.m. are eligible for the Watch C (Swingshift) differential. The foregoing language does not limit theDepartment's latitude to adjust the shift starting times ascircumstances require.

2.9.6 The City and Association agree that it is a reasonable goalto have at least 50% of the officers assigned to Watch A andWatch C to be experienced Police Officers.

2.9.7 Accordingly, if the shift change bidding results in fewer than50% of officers with five or more years of experience oneither Watch A or Watch C, the Department reserves theright to assign the least senior officers with five or moreyears of experience to such Watches. If this process createsa need to assign to both Watches, the officers to be

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ARTICLE 3

Section 3.1

Section 3.2

reassigned may select Watch A (Graveyard) or Watch C(Swing Shift) in seniority order.

HOURS AND OVERTIME

PAYMENT FOR OVERTIME

Overtime shall be compensated at one and one-half (1 V2) times theemployee's regular hourly rate of pay for all hours worked beyondan employee's scheduled/normal shift. This is also referred to asthe "premium rate."

3.1.1 MODIFIED DUTY MEDICAL APPOINTMENTS

Employees going to doctor appointments or physicaltherapy appointments during their modified duty hoursare to code their timecard with the appropriateIndustrial/Sick Leave Code for the time spent at theseappointments. Doctor appointments and physicaltherapy appointments are not compensated byovertime.

4 - 10 PROGRAM

The regularly scheduled hours of work for all sworn personnelclassified as Police Officer, and Detective shall be four (4) days perweek, ten (10) hours per day (the "4-10 program") subject to theconditions below:

3.2.1 MEAL PERIODS

Employees assigned to uniformed and non-uniformedservices shall continue to be scheduled for the 4-10program and their meal periods will continue to occurduring the ten hour shift.

3.2.2 EXCLUSIONS

Light duty assignments, special assignments and/ormajor operations may be excluded from the 4-10program at the discretion of the Chief, or designee. Aspecial assignment is one that is for a limited definedduration, such as, for example, school resource officer,personnel and training, and public information officer.Such schedules will be determined by the Chief.Personnel applying for such special assignments will benotified of the applicable schedule prior to the timeapplications for the assignment are due. Helicopter Pilotsand Helicopter Observers were not scheduled for the 4-

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Section 3.3

Section 3.4

10 program.

Members who have been determined to have a workrelated injury (whether off work or on a modified dutyassignment) will be assigned to work in the Personneland Training Division during the hours of 0700 to 1700Monday through Thursday. All medical appointmentsshall be expected to be scheduled on an assigned workday (Monday through Thursday between 0700 hours and1700 hours). If an appointment is unavailable duringthose times and medical services are required on aFriday, Saturday, or Sunday, then the Member shall beexpected to "flex" his or her time so as to avoidexceeding the 40 hour work week.

COMPENSATORY TIME

3.3.1 Banking overtime hours worked as compensatory timeor being paid as cash overtime is at the exclusiveelection of the employee.

3.3.2 The cap for maximum accumulation of compensatorytime off for Police Officers and Detectives shall be one­hundred twenty hours (120).

3.3.3 During the course of each year, employees shall havethe option of cashing out earned compensatory time,with two weeks notice.

3.3.4 During each December, all accumulated compensatorytime shall be paid for in cash unless the employeeelects to retain time into the following year, whereinhe/she may carry-forward forty (40) hours of accruedcompensatory time upon such election. Should theemployee have less than forty (40) hours ofaccumulated time and elects not to have it paid for incash, the employee may retain and carry-forward thebalance of his/her accumulated time.

COURT TIME

3.4.1 The minimum compensation for court time shall be two(2) hours at the applicable overtime rate.

3.4.2 On each occasion where an employee covered by thisagreement is required to appear in court in response toan order or subpoena in relation to an incident or eventarising out of the course and scope of employment withthe City at a time outside of the employee's regularly

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Section 3.5

scheduled work shift, and an hour or more prior to thecommencement of the employee's regularly scheduledwork shift, such employee shall receive at least two (2)hours overtime compensation at the applicable regularrate of pay (Le., the premium rate).

3.4.3 If such court appearance lasts for more than two (2)hours of off-duty time, the employee shall receiveovertime compensation for the actual amount of allsuch off-duty time at the premium rate.

3.4.4 In circumstances where the court appearance isscheduled to commence less than one hour prior to thebeginning of the employee's regularly scheduled workshift, the employee shall receive overtimecompensation at the premium rate for the entire periodbetween the scheduled commencement time of thecourt appearance and the time the employee's shift isscheduled to begin.

3.4.5 When an employee commences a court appearanceduring the course of a regularly scheduled work shiftand the court appearance extends beyond thescheduled expiration of that shift, the employee shallreceive overtime compensation at the premium rate forthe entire portion of the court appearance that extendsbeyond the scheduled termination of the employee'sregular work shift.

3.4.6 Except as modified above, the existing practices,procedures and policies regarding court appearancesand court time shall not be changed by this agreementand will continue in full force and effect.

3.4.7 For purposes of providing appropriate overtimecompensation out of city travel to court, travel to andfrom court in Moreno Valley shall be standardized atthirty (30) minutes prior to the subpoena reporting timeand at thirty (30) minutes following the officer's releasefrom court, regardless of actual travel time.

ON-CALL PAY

3.5.1 An employee on call from the end of the regularlyscheduled work shift to the beginning of the next day'sregularly scheduled work shift shall be paid therefore atthe rate of one (1) hour straight time pay; four (4) hoursstraight time pay shall be paid for each continuoustwenty-four (24) hours on call. This provision also

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Section 3.6

ARTICLE 4

Section 4.1

applies when an off duty unit member is on call forcourt.

3.5.2 Employees in a paid on-call status are required topromptly respond to the designated location and arrivewithin a reasonable period of time after being notified torespond. Reasonable response time shall be the timerequired to get ready and then drive at normal speedsto the designated duty location (including the need tofirst stop at the station if necessary). Employeessubject to this provision must be able to arrive at thedesignated duty location within 60 minutes ofnotification.

SHIFT CHANGE

The City reserves the right to replace the semi-annual shift changewith an annual shift change.

3.6.1 Probationary Police Officers: Department managementretains the discretion to assign probationary PoliceOfficers to particular shifts until the shift changeimmediately following the employee's successfulcompletion of probation.

GENERAL PROVISIONS

UNIFORMS

4.1.1 The City will provide required uniforms and safetyequipment.

4.1.2 SWAT gear - The City, in consultation with the Redteam Sergeant with respect to quality standards andfunctionality, will procure and provide one set of thefollowing items to each Metro team member:

Uniform & SafetyBalaclava, Hatch #NH50002 Name tag, cloth2 BDU pants2 BDU ShirtT-Shirt, Black w/ MFF emblemHD Field JacketNomex glovesBoonie type hatLeather rappel/fast rope glovesEye protectionCustom fit hearing protection

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Section 4.2

ARTICLE 5

Section 5.1

Section 5.2

Section 5.3

Knee padsHandgun lightFlashlightTactical bootsNylon under beltNylon cuff caseNylon holsterNylon keepers, set (4)Nylon mag pouch, doubleNylon OC holderNylon radio holderNylon Sam BrowneName tag, brass w/blk letters: METRO Team

VEHICLES

Detectives take city-assigned vehicles home under current practiceas approved by the Chief of Police. The City will continue to permitdetectives to take home City cars under the present practice for theterm of this Agreement.

LEAVE PROVISIONS

HOURS PER PAY PERIOD ACCRUAL FOR SICK LEAVE

Sick leave will accrue at the rate of 3.7 hours per pay period.

FAMILY SICK LEAVE

Employees may apply any accrued leave balances for family illnessor FMLA / CFRA. Family sick leave will be allowed only for thesickness or injury of the spouse, child, mother, father, registereddomestic partner or child of domestic partner of the employee.Covered family relationships are defined by law, and do not include"in-laws." There is no longer any requirement that the familymember live in the same household.

SICK LEAVE PAYOUT

Except as hereinafter provided, upon retirement or disabilityretirement pursuant to City ordinance, or under the Public or StateEmployees' Retirement System or pursuant to the provisions of anyapplicable agreement between the City and a State retirementsystem, or upon death, accumulated and unused sick leave creditshall be paid on the following basis:

5.3.1 Every person who has been employed for a continuousperiod of five years or more, but less than 10 years,immediately preceding said retirement or disability

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Section 5.4

retirement shall receive payment comparable to twenty­five percent of accumulated and unused sick leave, orupon the death of every such person who has been soemployed for said continuous period immediatelypreceding said employee's death the estate orbeneficiary of the deceased shall receive said payment.

5.3.2 Every person who has been employed for a continuousperiod of ten years or more immediately preceding saidretirement or disability retirement shall receive paymentcomparable to fifty percent (50%) of accumulated andunused sick leave; or upon the death of every suchperson who has been so employed for said continuousperiod immediately preceding said employee's death,the estate or beneficiary of the deceased shall receivesaid payment.

BEREAVEMENT LEAVE

Every regular, full time employee who has been in the continuousemploy of the City shall receive bereavement leave as set forth intable 5.4.3, which is attached hereto and incorporated herein byreference.

5.4.1 All regular, full-time employees of the City, regardlessof period of service, may in the event of death of anyrelative of the first degree by blood or marriage or anyrelative with whom they reside within the samehousehold, or brother or sister, be allowed up to theequivalent of one (1) work week of paid bereavementleave. In the event of death of a relative of the seconddegree, who does not reside within the samehousehold, paid bereavement leave for one (1) workday may be granted.

5.4.2 Persons regularly employed between twenty to twenty­nine hours per week may be granted one-half (1/2) ofthe applicable leave and persons regularly employedbetween thirty (30) to thirty-nine (39) hours per weekmay be granted three-fourths (3/4) of the applicableleave.

5.4.3Relative Bereavement Time

Spouse 1 weekChild 1 weekStep-child 1 weekParent 1 weekStep-parent 1 week

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Section 5.5

Mother-in-law 1 weekFather-in-law 1 weekGrandchild 1 dayStep-grandchild 1 dayGrandparent 1 dayGrandparent-in-Iaw 1 dayAunt Not coveredUncle Not coveredBrother 1 weekSister 1 weekStep-sister 1 weekStep-brother 1 weekBrother-in-law * See belowSister-in-law * See below

• One (1) week is provided for the death of anemployee's brother-in-law or sister-in-law of the firstdegree which refers to the employee's spouse'ssibling.

• One (1) day is provided for the death of anemployee's brother-in-law, or sister-in-law of thesecond degree which refers to the employee'ssibling's spouse, OR the employee's spouse'ssibling's spouse.

MILITARY LEAVE

5.5.1 Military leave shall be granted to employees inaccordance with the provisions of federal and state law.City Council reserves its right to supplement theaforementioned federal and state law military leaveprovisions.

5.5.2 Regular employees on approved Military Leave shall beentitled to their regular salary and compensation as aCity employee for the first 30 calendar days of suchleave in any fiscal year. Benefits are applied inaccordance with Human Resources Policy.

5.5.3 The City shall provide continued health and dentalbenefits to such employee's dependents, provided thatthe dependents were covered for such benefits prior tothe employee being called to active duty.

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Section 5.6

Section 5.7

LEAVE OF ABSENCE

5.6.1 Every employee of the City may be allowed a leave ofabsence without pay by said employee's departmenthead or designee, not to exceed thirty (30) calendardays.

5.6.2 Every employee of the City, except temporary orseasonal employees, may be allowed a leave ofabsence without pay upon recommendation of saidemployee's department head or designee with theapproval of the Human Resources Director not toexceed 120 calendar days. The 120 calendar-dayperiod includes prior leaves under other policies takenfor the same reason. For example, a department headmay grant an employee a 30 calendar-day leave, andthe Human Resources Director may approve anadditional 90 calendar days of leave, which would total120 days of leave.

Leave of absence beyond a 120 calendar-day periodmust be approved by the City Manager up to a one yearperiod, which includes the prior leaves taken for thesame reason. For example, a department head maygrant an employee a 30 calendar-day leave; and theHR Director may approve an additional 90 calendardays of leave; and the City Manager may grant anemployee an additional 225 calendar days of leave,which would total 345 calendar days of leave (i.e. oneyear).

5.6.3 Except as may be required by state or federal law, anemployee of the City shall not be entitled to receive thebenefits of vacation, holiday, sick leave or any portionof the City's contribution towards health, dental, life ordisability insurance premiums while on such leave.Also, the employee's performance evaluation/meritincrease date shall be subject to adjustment for all non­work time of twenty (20) days or more. The employee'shire date with the City will not be affected.

5.6.4 Family, Medical and Pregnancy Disability: Family,medical and pregnancy disability leave shall be grantedto employees in accordance with the provisions offederal and state law.

RELEASE TIME

The City will grant release time of 20 hours per year for the

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Section 5.8

ARTICLE 6

Section 6.1

Section 6.2

Association President or designee.

ADMINISTRATIVE TIME

While on Administrative Time Off (aka Administrative Leave orAdministrative Suspension), an employee shall not be forced to usevacation and holiday time. However, an employee placed onAdministrative Time Off with a previously approved vacation shallbe permitted to take such vacation (using the employee's vacationbank) without restriction unless the Police Chief determines that thenature of the investigation concerning the employee, if any,requires the employee to remain reasonably available to respond tothe police department and the Chief rescinds the approved vacationin his written suspension notice to the employee with specificreasons stated therefore. In such case, the employee shall bepermitted to take his/her vacation immediately upon return toregular duties.

VACATION

POLICY

Vacation leave shall be scheduled and approved by the departmenthead. Subject to department head approval, employees may takeearned vacation within the same calendar year it is earned. No paidvacation leave shall be allowed unless such leave has been alreadyearned.

If, an employee has more than two years of accumulated andunused vacation, the excess vacation accrual, as of pay periodbeginning February 17, 2012, shall be paid off in cash on an hour­for-hour basis at the employee's regular hourly rate of pay. Thedepartment will not pay down any excess vacation that alreadyexisted prior to February 17, 2012. The department head reservesthe right to require employees to schedule vacation so that theemployee's vacation balance will be reduced to no more than twoyears of accumulation.

VACATION SCHEDULE

The City's vacation schedule for the unit shall have the followingvacation accrual schedule:

Years of Service0-45-910 +

12

Vacation Hours Earned80

120160

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Section 6.3

ARTICLE 7

Section 7.1

Section 7.2

Section 7.3

Section 7.4

VACATION INCENTIVE

Every unit member with more than 15 years of service shall havecredited to his/her vacation, in January of each year, an additional40 hours if in the preceding calendar year the employee used lessthan 48 hours of sick leave.

HOLIDAYS

JULY 7, 1970 MOU TERMS

Notwithstanding the terms of the July 7, 1970 MOU, the Associationhas consciously waived observance of the Cesar Chavez holidayduring the term of this MOU.

HOLIDAYS OBSERVED

Authorized holidays are as follows:

New Year's Day - January 1st

Martin Luther King Day - 3rd Monday in JanuaryPresident's Day - 3rd Monday in FebruaryMemorial Day - Last Monday in MayIndependence Day - July 4th

Labor Day - 1st Monday in September

Veteran's Day - November 11 th

Thanksgiving - 4th Thursda~ in NovemberDay after Thanksgiving - 4t Friday in NovemberChristmas Eve - December 24th

Christmas Day - December 25th

ELECTION DAY NOT A HOLIDAY

The provisions of state law making every day on which an electionis held throughout the state a state holiday shall not apply or createa holiday.

OBSERVANCE OF HOLIDAYS

7.4.1 Uniformed Services: (including: Patrol, Metro, POP,Bike Team, Motors, K9, Accident Investigations, AirUnit, Galleria Officers, U.N.E.T., and the P.A.C. Team)Each holiday will be observed on the actual date of saidholiday.

7.4.2 Non-uniformed Services: If an authorized holiday fallson a Sunday, the following Monday shall be treated asthe holiday. If an authorized holiday falls on a Saturday,

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Section 7.5

ARTICLE 8:

Section 8.1

the preceding Friday shall be treated as the holiday.

HOLIDAY TIME CREDIT

Holiday time will be credited based on shift hours. This means, forexample, that an employee assigned a 10 hour shift shall receive10 hours holiday time credit, and an employee assigned a 12 hourshift shall receive 12 hours holiday time credit. Similarly, anemployee on a 10 hour work day authorized to be off on a holidayshall be considered as having worked 10 hours on the holiday.

7.5.1 When the holiday falls on the employee's normal dayoff, the employee may elect to take the holiday off onanother day within that same pay period subject to thesame options listed above. Management must approvean employee's choice of day off at least two weeks priorto the holiday.

7.5.2 Each employee shall have the option to defer receipt ofcompensation for each holiday occurring during thecalendar year until the end of the year, at which timethe employee shall receive a cash payment equal tothe value of all unused or unpaid holidays. Suchelection shall occur prior to January 1 of each year.

7.5.3 For members who have been determined to have awork related injury (whether off work or on a modifiedduty assignment), holiday pay will be calculated basedon the days and hours of their assignment at the timeof the on-duty injury.

EMPLOYEE INSURANCE

MEDICAL / DENTAL

8.1.1 During the term of this agreement, the City will pay themonthly premiums on behalf of each employee andeligible dependent(s) under the medical insuranceprograms available through the City, not to exceed thefollowing category limitations:

Employee Only - $480.00Employee plus one (1) dependent - $850.00Employee plus two (2+) or more dependents - $1,122.00

8.1.2 The contribution amounts listed in 8.1.1 can be used formedical and dental premiums.

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Section 8.2

Section 8.3

Section 8.4

ARTICLE 9:

Section 9.1

8.1.3 During the term of this agreement, the City maydiscontinue any health insurance plan which does notmaintain City-wide enrollment of at least 150employees.

8.1.4 The contributions do not apply to the third payrollperiod in anyone month.

LIFE INSURANCE

The City shall purchase for affected employees a six thousanddollar ($6,000) term life insurance plan.

LONG TERM DISABILITY

The City shall contribute ten dollars ($10.00) per month peremployee toward the group long term disability program maintainedby the Association for its members.

HEALTH INSURANCE WAIVER STIPEND

A. Effective November 2012, employees who do not electto participate in the City's health insurance program andreceive the contributions described in section 8.1.1 andcan show proof of insurance shall receive a stipend of$2,000 the last pay period payroll period in November2013. The same shall apply each November for thelength of this agreement.

B. Employees must be employed through the end of thelast payroll period in November to qualify for thisbenefit.

C. Current employees on payroll through November whodid not work the entire 12-month period shall earn thestipend on a pro-rata basis.

D. This can be paid into deferred compensation throughpayroll, not to exceed annual IRS deferredcompensation limits.

RETIREMENT

RETIREMENT PLAN

For bargaining unit employees hired on or before February 16,2012, the City shall pick up each affected employee's standardcontribution to the Public Employees' Retirement System (PERS)not to exceed nine percent (9%) of the affected employee's

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compensation reported to PERS. Said PERS pickup shall becredited to the employee's account with PERS.

Bargaining unit employees hired on or after February 17, 2012 shallpay 100% of the employee's normal contribution (currently 9%) toPERS.

9.1.1 The above PERS pick up shall not be considered asbase salary but shall be considered employercontribution pursuant to Section 414(h)(2) of theInternal Revenue Code.

9.1.2 Except as provided below, the City shall provide theOne-year Highest Compensation benefit for all PoliceUnit employees. (Government Code Section 20042)

Bargaining unit employees hired after approval of thisAgreement and execution of a forthcoming PERSamendment shall receive the average of the threehighest years compensation benefit. (GovernmentCode Section 20037)

9.1.3 For employees who intend to retire after May 15, 1992,they may elect to have their final year's salaryaugmented by the 9% currently being contributed bythe City to PERS. By so doing, the employee becomesresponsible for paying his/her contribution to PERS.Notice to the City of intent to retire and to exercise thisoption must be given one (1) year in advance and mustrepresent the employee's good faith intent to retire;under no circumstances will this option be available formore than twenty-six (26) pay periods for anyoneemployee.

9.1.4 The City shall provide the Public Employees RetirementSystem (PERS) three percent (3%) at age fifty (50)retirement benefit for eligible unit members retiring onor after the effective date December 17th, 2004.

9.1.5 The City will contract with Public Employee'sRetirement System to provide the V2 Widow'scontinuance option, known to PERS as the '1957Survivor Benefit' to all safety employees in the Policeand Supervisory units.

9.1.6 The City will contract with PERS for the third level 1959Survivors' Benefit.

9.1.7 The City may request a re-opener of this Agreement in

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Section 9.2

Section 9.3

Section 9.4

the year 2013 regarding retirement benefits. Anychanges to the retirement benefits discussed during there-opener will only apply to new hires.

DEFERRED COMPENSATION

The City shall make available to affected employees its 457deferred compensation programs.

9.2.1 The City will implement a program permitting unitmembers to elect to place overtime pay, compensatorytime, and excess vacation time into their respectivedeferred compensation accounts. The amounts remainsubject to limits established by plan administrators orthe Internal Revenue Service.

HEALTH INSURANCE COVERAGE FOR RETIREES

The City will provide a group medical health insurance policy similarto the health insurance carriers currently provided to activeemployees at the retiree's own expense without any Citycontribution toward the premium for said policy.

HEALTH INSURANCE FUND FOR RETIREES (1991 Plan)

9.4.1 The City has established the RPOA/City of RiversideFund (hereafter "Fund") for retirees in the amount of$750,000. That amount to be prudently invested so thatit draws or bears interest.

9.4.2 Beginning July 1, 1991 the principal of the Fund will beused to help pay premiums for group health insurancefor police retirees from classifications belonging to thenon-management unit covered by this agreement, orretirees from the Police Management Unit who wereemployed under the agreement during a period ofsalary contribution to the fund, regardless of retirementdate, subject to the following conditions:

9.4.2.1 The Fund shall contribute Seventy-Five dollars($75.00) per month for employees who retiredprior to June 1, 1990.

9.4.2.2 The Fund shall contribute One Hundred Fiftydollars ($150.00) per month for employees whoretire on or after June 1, 1990.

9.4.2.3 Notwithstanding the above amounts, in no eventshall the contribution exceed the dollar amount

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being contributed to current employees at theemployee only rate.

9.4.2.4 In order to be eligible, regardless of date ofretirement, an employee must meet the followingeligibility requirements:

9.4.2.4.1 An employee who receives a serviceretirement or a non-industrial disabilityretirement must have twenty (20) years'service in law enforcement as a swornemployee; of those 20 years a minimumof fifteen (15) years must be served as asworn employee with the City of RiversidePolice Department and the employeemust have retired from the City.

9.4.2.4.2 Subject to the following provisions, anemployee who receives an industrialdisability retirement will be eligible afteryears of active service plus years ondisability retirement equal 20, providedthat the industrial disability retiree hasserved a minimum of five (5) years withthe City of Riverside Police Department ina sworn capacity. Years of active servicemay include up to five (5) years sworn lawenforcement service with another agency.The RPOA/City Advisory Group maymake exceptions to the total years ofservice requirement for industrial disabilityretirements in case of catastrophic injuryor other compelling circumstances. In theevent the Advisory Group is deadlockedon any such question the matter shall bereferred to expedited binding arbitration.

9.4.2.5 The spouse of a retiree for whom the City ismaking contributions may elect, upon the death ofthe retiree, to continue in the same plan for up tofive (5) years at his/her own expense.

9.4.2.6 A retiree whose personal annual income, includingretirement payments but excluding deferredcompensation withdrawals, exceeds the thencurrent maximum base salary for the position heldat time of retirement will not be eligible for Citycontributions during the ensuing year.

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9.4.2.7 A retiree who is eligible for coverage under adifferent plan by virtue of his/her own employmentor spousal employment is not eligible for suchcontributions during the period of such coverage.

9.4.2.8 It is contemplated that retirees who are temporarilydisqualified under paragraphs 9.4.2.6 and/or9.4.2.7 above may, at some time, no longer beineligible under the criteria of those paragraphs. Insuch event, if during the period of ineligibility theydid not maintain coverage in a City sponsoredhealth insurance program at their own expense,they may apply for readmission to a Citysponsored health insurance program for retirees. Ifthe insurer will not let them back in and theyqualify for and obtain an individual program ofmedical insurance, the Fund will make theappropriate contributions to them for so long asthey remain insured and eligible. Neither theAssociation nor the City is a guarantor ofreadmission or admission to a City sponsoredgroup health plan nor to any other healthinsurance plan.

9.4.2.9 The City will not be requested to augment thisparticular Fund except as follows:

9.4.2.9.1 When the amount in the Fund equals or isless than the equivalent of a one percent(1 %) salary increase for the bargainingunit, the Association may request that theremainder of the Fund be applied one-halfto the salary schedule and the other halfrevert to the City, or in connection with thenext negotiations, propose that a newFund be established or that the amount inthe Fund be increased.

9.4.2.9.2 If the trigger point has been reached(Fund equals 1 % salary increase) andthere is a significant chance the Fund mayexhaust itself before expiration of the thencurrent Memorandum of Understandingthe Association may request a reopenerlimited to the issues of retiree healthinsurance fund and salaries.

9.4.2.9.3 Any current employee who retires relyingin whole or in part upon the availability of

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this benefit is not entitled to a continuationof the benefit beyond the funded amount.The continuation of this benefit is subjectto the negotiating process and may beterminated through negotiations or byexhaustion of the Fund amount. In suchevent, the retiree will have no further rightor entitlement to a continuation of thisbenefit. The rights of employees whohave retired as of the date of thisagreement are subject to the samelimitations and conditions.

9.4.2.10 Entering into this agreement neither theAssociation nor the City is guaranteeing that Citysponsored coverage will be available for personswho have retired prior to the effective date of thisagreement. If City sponsored coverage is notavailable for any such retiree, he/she will beentitled to apply the contribution to payment ofpremiums for another health insurance plan inwhich he/she is enrolled. This section 9 titled"Health Insurance Fund For Retirees (1991 Plan)"is subject to the savings and separability languageof this Memorandum of Understanding and it isunderstood and agreed that the voiding of one ormore components of this program will notautomatically void the remaining components ofthe program.

9.4.2.11 A joint Association/City advisory committee willreview claims for contributions and decidedisputed claims; and shall be provided withperiodic reports as to the status of the Fund. Thecommittee will consist of two members appointedby the Association and two members appointed byCity management.

9.4.2.12 The establishment of this Fund is based on theprinciple that it is "governmental" and, therefore,exempt from ERISA. Any effort or enactment tobring this Fund under ERISA will cause theimmediate dissolution of the Fund with one-halfthe remaining principal to be distributed in equallump sums to the participating members and one­half to revert to the City.

9.4.2.13 The City's obligation is limited to contributions; it isnot a guarantee of coverage. The City reserves

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the right to provide alternate plans and carriers,including a plan geared specifically for retirees.

9.4.2.14 As soon as practicable following the date ofagreement, the City and Association shall arrangefor the transfer of the then current Fund to theAssociation pursuant to the Protocol for Transferand letter from counsel for the Association datedMay 10, 1999 both of which are attached to thisAgreement as Appendix A.

9.4.2.15 The City and the RPOA will develop a process(such as the Insurance Advisory Committee) toreview and thereafter complete a review of retireehealth savings account options. Once completed,the parties may jointly agree to present proposalsto City Council for consideration.

9.4.3 Enrollment Provisions for Post 1991 Hires

9.4.3.1 Unit members who were hired after July 1, 1991and who have not already contributed to theRPOA / City of Riverside Fund (hereafter "Fund")either by direct contribution or by deferring theagreed upon percentage of pay shall have a one­time opportunity to participate in the Fund asfollows:

9.4.3.2 Between September 1 and September 30, 1998such unit members may elect to participate in theFund by authorizing a payroll deduction equal tofive percent (5%) of the current gross salary(exclusive of P.O.S.T.) of a top step patrol officerfor a period of one (1) year, which sum will bedeposited with the Fund. As an alternative, suchunit members may elect to make a one-timepayment of the total amount into the Fund. A unitmember hired after July 1, 1991 who has not yetcompleted his or her probationary period shall besubject to the conditions of section 9.4.3.4 below.

9.4.3.3 Unit members electing not to contribute shall bedeemed to have waived participation in the Fund.

9.4.3.4 Unit members hired after ratification of thisagreement shall be provided the same electionopportunity as described in paragraph 9.4.3.2above during the thirty (30) day window periodfollowing satisfactory completion of their

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Section 9.5

probationary periods.

9.4.3.5 The Memorandum of Understanding languagewhich provides that eligible employees includeretirees from the Police Management Unit "...whowere employed under the agreement during aperiod of salary contribution to the fund, ... " shallapply to unit members electing to contribute andparticipate under the terms of this section andshall be interpreted to apply to eligible retireesfrom both the Police Management Unit and thePolice Supervisory Unit.

9.4.4 Fund Transfer (1991 Plan)

As soon as practicable the City and Association shallarrange for the transfer of the Retirement Fund (1991Plan) to the Association pursuant to the Protocol forTransfer and letter from counsel for the Associationdated May 10, 1999 both of which are attached asexhibit C. Even though said letter identifies a particularinvestment brokerage firm to act as investment advisorto the Trust; the parties agree that the Association mayutilize any other comparable registered investmentadvisor firm.

RETIREE HEALTH INSURANCE FUND (2006 Plan)

In addition to the Health Insurance Fund for Retirees (1991 Plan)addressed in Section 9.4, the Association shall create and managea Trust Fund to help offset medical costs for retirees.

9.5.1 Effective July 1, 2006, the City shall contribute eachmonth toward a retiree medical trust fund to beestablished by the Association an amount equal to fiftydollars ($50) for every active employee in this unit ofrepresentation who is in a paid status. Until the trustfund has been established, the funds will be depositedby the Association into an interest-bearing account. Assoon as the trust has been established, the funds inthat account will be transferred by the Association tothe trust.

9.5.2 Effective January 1, 2008, the City will contribute onehundred dollars ($100) monthly for every activeemployee in this unit of representation into said fund.

9.5.3 The trust shall provide post-retirement medical benefitsonly to individuals who have retired under any of the

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ARTICLE 10:

Section 10.1

Section 10.2

Section 10.3

Section 10.4

following conditions:

1. A service retirement with fifteen (15) ormore years of sworn service with RiversidePolice Department.

2. An industrial disability retirement with theCity of Riverside

9.5.4 The Association agrees to allow the City to audit thebooks and records of the trust at the City's request.

ATTENDANCE AT TRAINING OR SCHOOLS

ADO WITH 28 DAYS NOTICE

Any member who attends mandatory or required training or school(as defined below) on his or her regularly scheduled time off shallreceive an Adjusted Day Off ("ADO") for each day spent in trainingor school if the City provides written notice twenty-eight (28) daysor more in advance of the first date on which the member isscheduled to attend training or school.

For purposes of this Agreement "mandatory or required" training orschools shall include any training or schools where members ofRPOA are required or ordered to attend by police management.

ADO SCHEDULING

Adjusted days off shall be mutually agreeable to the member andthe Department, or, if no agreement is reached, adjusted days offshall be in conjunction with the member's regularly scheduled daysoff.

OVERTIME FOR UNUSED ADO'S

ADO's not taken within the same twenty-eight (28) day work periodin which the employee attended mandatory school or training shallresult in the City treating the equivalent of such time not taken butspent in mandatory school or training as time actually worked forpurposes of computing entitlement, if any, to overtimecompensation under the Fair Labor Standards Act ("FLSA").

28 DAY WORK PERIODS IDENTIFIED

Current year FLSA twenty-eight (28) day work periods shall beidentified by the Police Department by making some notation onthe paycheck stubs of each RPOA member, or provide such

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Section 10.5

Section 10.6

Section 10.7

Section 10.8

ARTICLE 11:

Section 11.1

information to the police accounting section who will generate acalendar and disseminate it to all sections, which shows the workperiod for each RPOA member and which indicates the length ofthat period and its starting time.

FAILURE TO PROVIDE 28 DAY NOTICE

Any member who is required to attend training or school on his orher regularly scheduled day off shall receive overtimecompensation (payor compensatory overtime hours, at themember's discretion, not to exceed the negotiated cap) at the rateof time and one-half of his/her "regular rate of pay" for each dayspent attending such training or school if the City fails to providethe member with written notice of the training or school at leasttwenty-eight (28) days in advance of the first day on which themember is scheduled to attend training or school.

28 DAY NOTICE WAIVER

A member may voluntarily waive his/her right to twenty-eight (28)day advance notice, in which case he/she shall receive AdjustedDays Off as if the City provided at least twenty-eight (28) daysnotice as explained in Section 10.1 above.

MEET AND CONFER WAIVER

The City and the Association waive their rights to compel the otherto meet and confer regarding scheduling and/or compensation withrespect to attendance at training or school as explained in thisSection during the current labor contract negotiations or inconnection with a successor Memorandum of Understanding.

ADHERENCE TO PROVISIONS

The above provisions regarding training or school shall be strictlyadhered to by police management in all divisions within theDepartment.

TRANSFERS WITHIN THE DEPARTMENT

MEET AND CONFER REGARDING TRANSFER POLICY

The City and RPOA agree to meet and confer regarding thedepartment transfer policy. The Riverside Police DepartmentPolicy and Procedure Number 5.20 Transfer Policy shall beincorporated into this Memorandum of Understanding.

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ARTICLE 12:

Section 12.1

PROMOTION AND RECLASSIFICATION

DETECTIVE PROMOTIONAL PROCESS

Officers who are off probation and possessing a basic POSTcertificate with four (4) years of experience in law enforcement as asworn peace officer in a public agency and 15 units of policerelated college coursework are eligible to compete. Promotion tothe rank of Detective shall require a written test, outside oral boardinterview, completion of a Data Fact Sheet, and an interview by aninternal Selection Panel.

Candidates must successfully complete each step in the selectionprocess with a minimum passing score of 70.00% in order to moveforward in the promotional process. A score of 69.99% is not apassing score.

Candidates who successfully passed the written portion of thepromotional process may roll over their written test scores once tothe next Detective written examination. Candidates that elect torollover their written test scores shall notify the Human ResourcesDepartment of their desire to utilize their test score in lieu of takingthe written test. Such notification shall occur no later than theclosing date of the Detective job posting. If the candidate elects toretake the written exam, previous scores become null and void.

Candidates passing the written test, will be interviewed by anoutside oral board. The Human Resources Department willcompile the outside oral board rating scores. Candidates whosuccessfully pass the outside oral board with a passing score of70.00% or better will complete a Data Fact Sheet in a timelymanner and submit it to the Police Personnel Office.

The Internal Selection Panel will interview and rate the candidates,then submit the rating sheets to the Human ResourcesDepartment. The Human Resources will compile the final scoresbased on the weighted selection components. Candidates whosuccessfully pass all three selection components will then beplaced on a certified list of eligible candidates in rank order.

The selection components will be weighted as follows:

Written testOutside Oral Board InterviewInternal Selection Panel Interview

45%25%30%100%

The Human Resources Department will combine the score of thewritten test, outside oral board, and the selection panel interview for

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a cumulative score. Candidates must obtain a cumulative score of70.00% or better to be placed on the eligibility list. A score of69.99% is not a passing score. Percentages will be rounded to thesecond decimal point. In the event of tie scores, the HumanResources Department will consult with the RPOA for a decision onwhether the tied scores should be calculated out to further decimalpoints as a tie breaker determination, or if it would be preferablethat candidates with tie scores should be afforded equal rankings.

12.1.1

12.1.2

Standardized Written Test

12.1.1.1 Developed and scored by outside contractor withRiverside Police Department (RPD) providingoptional agency specific questions for inclusion onthe test.

12.1.1.2 Administered by Human Resources Department.

Outside Oral Board Interview

12.1.2.1 Two Detective Sergeants or higher rank fromSouthern California agencies which are similar insize to Riverside will be secured by the HumanResources Department.

12.1.2.2 City Human Resources Department representativemay participate in the interview process as anobserver (non-voting).

12.1.2.3 The Chief of Police will select an RPD non­probationary Lieutenant.

12.1.2.4 Human Resources Department will developinterview board questions in conjunction with thePolice Department.

12.1.2.5 Oral Board rating sheets developed by HumanResources staff and approved by the PoliceDepartment, will be used to ensure an equitableand consistent rating process. Instructions on theappropriate use of the rating forms will bedisseminated to all raters prior to the interviewboard.

12.1.2.6 Numerical score given by board

12.1.2.6.1 Maximum score of 100 points

12.1.2.6.2 Final score is board average of

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12.1.3

12.1.4

points scored, compiled byHuman Resources.

12.1.2.7 Scores from written test and oral board sent toHuman Resources Department. HumanResources to compile scores.

Data Fact Sheet

12.1.3.1 Officers passing both the written and the outsideoral board shall complete a Data Fact Sheet andsubmit it to the Police Personnel Office.

12.1.3.2 The Data Fact Sheets will be given to the InternalSelection Panel by the Police Personnel Officestaff.

12.1.3.3 Copies of diplomas and certificates shall beattached to the Data Fact Sheet.

Interview by the Internal Panel

12.1.4.1 The Police Chief will select two (2) Lieutenantsand one (1) Captain to comprise the SelectionPanel from all non-probationary employees.

12.1.4.2 Human Resources may provide an observerduring the Selection Panel Interview.

12.1.4.3 Questions will be designed by the Internal Panelwith the assistance of Human Resources.

12.1.4.4 Written and oral board test scores, interviewperformance, and Data Fact Sheets will be usedby the Internal Panel to rate candidates.

12.1.4.5 At the conclusion of the testing process HumanResources will develop a list of the passingcandidates and rank them, according to finalscores (reflected as both raw and percentage)based on the weighted selection components fromhighest to lowest scores (rank order). One copy ofthe list will be provided to the Riverside PoliceOfficer's Association. The list provided to theRPOA will identify the employees by name in rankorder. Each employee participating in the testingprocess will be informed of their ranking on the list(e.g. 4 out of 20).

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Section 12.2

12.1.4.6 A list of the top ranked three (3) candidates inalphabetical order will be referred to the Chief ofPolice for an open Detective position.

For multiple openings, two additional candidatesshall be referred to the Chief of Police for eachvacancy. For example, in the event that there aretwo (2) openings, the top ranked five (5)candidates (3+2) would be referred to the Chief ofPolice. In the event there are 3 openings, the topranked seven (7) candidates (3+2+2) would beindicated on the list provided to the Chief ofPolice.

12.1.4.7 The Chief of Police with concurrence of theDirector of Human Resources may remove acandidate from the list if a factual basis for doingso exists. The Director of Human Resources shallnotify that candidate, in writing, that he or she hasbeen removed from the list.

12.1.4.8 The Chief of Police may promote from the certifiedlist provided by the Human Resources Departmentin accordance with Section 12.1.4.6 or the Chiefmay, with concurrence of the Director of HumanResources, reject or terminate the certified list withgood cause.

12.1.4.9 The Chief of Police shall provide, in writing, thereasons for requesting the rejection or terminationof the certified list to the Director of HumanResources who shall either accept or deny therequest. The Human Resources Department willnotify candidates of the reason(s) for terminatingthe list.

12.1.4.10 Effective beginning with the certified list generatedin 2012, the list of eligible candidates shall be validfor any openings in the Detective ranks for twoyears from the date the list was certified, unlessearlier rejected or terminated.

VACANCIES

Vacancies in the Detective job class will be filled as soon as theyoccur.

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Section 12.3

ARTICLE 13:

ARTICLE 14:

ARTICLE 15:

RECLASSIFICATION POLICY

The City reclassification policy will provide for Unit members thatemployees who are reclassified will receive a salary increase to thenext higher step upon reclassification.

PERFORMANCE EVALUATIONS

Lieutenants shall review draft performance evaluations with Unitmembers prior to their finalization and being passed on toCaptains.

DRUG TESTING

Both parties remain committed to a drug-free workplace. Theparties further agree to work together to evaluate and revise RPD's1997 Drug Testing Policy.

REPLACEMENT OF PERSONAL ITEMS

15.1 The City will reimburse Unit members for lost and/ordamaged personal items subject to the followingconditions:

15.2 Such items are required for the job, but not provided bythe City.

15.3 The items are lost and/or damaged while the employeeis on duty, in the course and scope of duty; the loss isnot caused by the negligence of the employee.

15.4 Total reimbursement per employee pursuant to thispolicy shall not exceed $100 per fiscal year. Subject tothe same dollar limitation, reimbursement for civilianclothes shall be at the level equal to the comparableuniform component.

15.5 Reimbursement shall not be required where theemployee's insurance covers the item.

15.6 Notwithstanding any of the above, this policy shall notapply to second or back-up weapons or personalvehicles not required by the Department to be utilized.

15.7 Utilization of this policy for anyone incident constitutesa waiver of the right to pursue reimbursement for thatitem or incident from the City in other administrative orlegal forums; otherwise the existence of this policydoes not constitute a waiver of either party's defenses

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ARTICLE 16:

Section 16.1

Section 16.2

Section 16.3

or remedies in connection with additional incidentsduring the same fiscal year.

GRIEVANCE PROCEDURE

PURPOSE

To provide employees with an orderly procedure for processing agrievance. The current M.O.U. for the bargaining unit should bereferenced as to specific language.

DEFINITION

A grievance is an allegation by an employee that the employee hasbeen adversely affected by a violation, misinterpretation, ormisapplication of the specific written provisions of a Memorandumof Understanding, the City's salary and fringe benefit resolutions,or the City's written personnel policies and procedures.

POLICY

Regular employees shall use the hereinafter prescribed procedurefor grievances arising out of the administration of ordinances orregulations dealing with personnel, salary, or other benefits, anyalleged improper treatment of an employee, or any allegedviolation of commonly accepted safety practices and procedures.

16.3.1

16.3.2

Representation - An employee may be represented atall stages of the grievance procedure by himself/herself or, at his/her option, by a representative.

In this grievance procedure, any reference to grievantmeans grievant, his/her representative, and/or abargaining unit.

Time Limits - The time limits herein are maximumtime limits; however, time limits may be extended bymutual agreement.

16.3.2.1

16.3.2.2

In the event the grievant fails to meet a timelimit, such failure shall constitute a waiver ofthe grievance.

In the event the City fails to meet a time limit,such failure shall allow the grievant to proceedto the next level of the grievance procedure.

16.3.3 Arbitration Costs and Selection - The cost of thehearing officer/arbitrator shall be borne equally by theCity and the Association. If the parties are unable to

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Section 16.4

agree upon a hearing officer or arbitrator, hearingofficers and arbitrators shall be selected from a panelsubmitted by the California State Conciliation Service;each party shall alternately strike names until there isone remaining. If the Association is neither thegrievant or the grievant's representative, the cost ofthe hearing officer/arbitrator shall be borne equally bythe City and the grievant.

PROCEDURE

Responsibility

Department, Grievant

Grievant

Department Head

Grievant

1.

2.

3.

4.

31

Action

Informal Step: As a general policy,attempts shall be made to ascertainall facts and adjust all grievances onan informal basis between thegrievant and a supervisor in thechain of command up to andincluding the Division Head.

Presentation of this grievance shallbe made within ten (10) workingdays from the date the grievantknew or should have known of theact or occurrence giving rise to thegrievance.

Step One: If the grievance is notadjusted to the satisfaction of thegrievant within five (5) working daysafter presentation of the grievance,the grievant may submit thegrievance in writing to thedepartment head within the next ten(10) working days.

Meets with the grievant within five(5) working days of receipt of thewritten grievance and communicatesa decision to the grievant within five(5) working days after the meeting.

Step Two: If the grievant is notsatisfied with the decision of thedepartment head, the grievant may,within ten (10) working days afterreceipt of the department head's

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Hearing Officer 5.

32

decision, submit in writing thegrievance and request for a hearingto the Assistant City Manager forreview.

Hears case and makes recom­mendation according to the type ofgrievance. Management has thediscretion to either change workschedules or pay overtime for thegrievant to attend hearings. Anyschedule changes in this regard willbe made with reasonable advancednotice.

a. Non-disciplinary grievances:Heard by a hearing officerwho shall make advisoryrecommendations to the CityManager. The City Manager'sdecision shall be final.

b. Disciplinary grievances forregular employees who aresuspended for eighty (80)hours or more, are demoted inrank, or are terminated.Appeals to a hearing officerwhose decision is final. Eitherparty may seek review of thehearing officer's decisionpursuant to Code of CivilProcedure Section 1094.5.

c. Other disciplinary grievancesfor employees who receivediscipline other than thatwhich is indicated in b. Thematter may be appealed tobinding grievance arbitration.The arbitrator's decision andaward shall be final andbinding on the parties andmay be reviewed only pur­suant to Code of CivilProcedure Section 1285 etseq.

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Administrative Appeal Hearing 6. An Administrative AppealHearing process shall beprovided to all members of thebargaining unit. This appealhearing process will beapplicable to anyadministrative actions thatmay be considered punitive asdefined by the Public SafetyOfficer Bill of Rights. Thespecific procedures related tothis hearing process will beincluded in the RiversidePolice Department Policy andProcedures Manual.

ARTICLE 17: AGENCY SHOP

17.1 The Agency Shop provisions shall be applied for theterm of this agreement as follows:

17.2 Subject to Article III Section 4, payroll deductions, ofthe City's Employer-Employee Relations Resolution,upon the voluntary written authorization of bargainingunit employees, the City shall deduct and remit to theAssociation, the Association's initiation fee and periodicdues for members of the Association.

17.3 Any unit member who is not a member of theAssociation or who does not make application formembership within thirty (30) days following theeffective date of this paragraph, or, for those hired afterthe effective date of this paragraph, within thirty (30)days from the date of commencement of duties, shallbecome a member of the Association or pay to theAssociation a fee in an amount equal to theAssociation's periodic dues; provided, however, thatthe unit member may authorize payroll deduction forsuch fee in the said manner as provided in paragraph17.2

17.4 Dues withheld by the City shall be transmitted to theAssociation Officer designated in writing by theAssociation as the person authorized to receive suchfunds, at the address specified.

17.5 The parties agree that the obligations herein are a

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condition of continued employment for unit members.The parties further agree that the failure of any unitmember to remain a member In good standing of theAssociation or to pay the equivalent of Associationdues during the term of this agreement shall constitute,generally, just and reasonable cause for termination.

17.6 The City shall not be obligated to put into effect anynew, changed or discontinued deduction until the payperiod commencing fifteen (15) work days or more aftersuch submission.

17.7 No unit member shall be required to join theAssociation or to make an agency fee payment if theunit member is an actual verified member of a bonafidereligion, body, or sect which has historically heldconscientious objections to joining or financiallysupporting employee organizations; this exemptionshall not be granted unless and until such unit memberhas verified the specific circumstances. Such employeemust, instead, arrange with the Association to satisfyhis/her obligation by donating the equivalent amount toone of the non-labor, non-religion charitable funds, taxexempt under Section 501 (c) (3) of the InternalRevenue Code, listed below:

17.7.1 Riverside Police Officers Memorial Fund

17.7.2 Heart Association

17.7.3 American Cancer Society

17.8 Whenever a unit member shall be delinquent in thepayment of dues or fees, the Association shall give theunit member written notice thereof and fifteen (15) daysto cure the delinquency; a copy of said notice shall beforwarded to MERO. In the event the unit member failsto cure said delinquency, the Association shall request,in writing, that the City initiate termination proceedings.The termination proceedings shall be governed byapplicable state laws and are specifically excluded fromthe Grievance Procedures Agreement.

17.9 The City shall not deduct monies specifically earmarkedfor a PAC or other political activities unless suchdeduction is affirmatively, separately and specificallyauthorized in writing by the unit member.

17.10 The Association shall keep an adequate itemized

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ARTICLE 18:

record of its financial transactions and shall makeavailable annually to the City and, upon request to theemployees who are members of the Association, withinsixty (60) days after the end of its fiscal year, a detailedwritten financial report thereof In the form of a balancesheet and an operating statement, certified as toaccuracy by its President and Treasurer orcorresponding principal officer, or by a Certified PublicAccountant. A copy of financial reports required underthe Labor-Management Disclosures Act of 1959 orGovernment Code Section 3546.5 shall satisfy thisrequirement.

17.11 This organizational security arrangement shall be nulland void during the period following expiration of thisMemorandum of Understanding and prior to enteringinto a successor agreement containing the sameprovision for organizational security. Additionally, thisorganizational security arrangement shall be null andvoid if rescinded by a vote of employees pursuant toGovernment Code Section 3502.5(b).

17.12 The Association will defend, indemnify and holdharmless the City of Riverside from any loss, liability orcause of action arising out of the operation of thisarticle.

NO CONCERTED ACTIVITIES

18.1 During the term of this agreement, the Association, itsofficers, agents, representatives and/or members agreethey will not cause, condone or participate in any strike,walkout, work stoppage, job action, slow down, sick­out, refusal or failure to faithfully perform assignedduties and responsibilities, withholding of services orother concerted interference with City operations,including compliance with the request of other labororganizations to engage in any or all of the precedingactivities.

18.2 In the event of such activities, upon request by the City,the Association shall immediately instruct any personsengaging in such conduct that they are violating thisagreement and that they are engaging in unlawfulconduct and that they should immediately ceaseengaging in such conduct and resume full and faithfulperformance of their job duties.

18.3 In addition to any other lawful remedies or disciplinary

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ARTICLE 19:

action available to the City, the City may, in addition tothe above, invoke any and all remedies available to itunder its Employer-Employee Relations Resolution.

PROVISIONS BY LAW

19.1 It is understood that existing ordinances, resolution andwritten policies of the City cover matters pertaining toemployer-employee relations including, but not limitedto, salaries, wages, benefits, hours and other terms andconditions of employment. Therefore, it is agreed thatall ordinances, resolutions and policies, including theEmployer-Employee Relations Resolution are herebyincorporated herein by this reference and made parthereof as though fully set forth and except as providedherein shall remain in full force and effect during theterm hereof. The parties hereto agree that nothing inthis MOU shall in any manner abridge, restrict or modifythe rights and prerogatives of the City and itsemployees set forth in Article I , Sections 4 and 5, andArticle II Section 1 B of Resolution No. 15079, or itssuccessor, if any.

19.2 The City and the Association agree that for the term ofthis Agreement, each party waives its rights and eachparty agrees that the other party shall not be obligatedto meet and confer with respect to any subject or matterpertaining to or covered by this Agreement except asexpressly provided for in this Agreement and as tomeeting and conferring over the renewal or continuationof this MOU at its expiration date in accordance withsaid Employer-Employee Relations Resolutions.

19.3 It is understood and agreed that this MOU is subject toall present and future applicable federal and state lawsand regulations and the provisions hereof shall beeffective and implemented only to the extent permittedby such laws and regulations, or otherwise held invalidor unenforceable by any tribunal of competentjurisdiction, such part of provisions shall be suspendedand superseded by such applicable laws andregulations and the remainder of the MOU shall not beaffected thereby and shall remain in full force andeffect.

19.4 Upon ratification by the membership of the Associationand by the City Council this MOU shall be effectivethrough December 1, 2014 and for the durations of anyagreed upon extension.

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MEMORANDUM OF UNDERSTANDING 2009-2014CITY OF RIVERSIDE, RIVERSIDE POLICE OFFICER'S ASSOCIATION

FOR THE POLICE OFFICER I DETECTIVE UNIT

MANAGEMENT REPRESENTATIVESCITY OF RIVERSIDE

RIVERSIDE POLICE OFFICERS'ASSOCIATION

'--.~~i'!Z..LMatt CashRPOA Negotiator/Police Officer

By ~~~Ob~~Y'--"'---.-

BY,~Employee Relations Officer

BY~~~l~~4antc~a~,

1S€(g{~Z ..

_Chin~

Christopher VicinoAssistant Chief of Police

By ~~----==---~---:....._------

Scott BarberCity Manager

By~~L~O By~-,-----_-+--"¥--+-__Rhonda D. StroutHuman Resources Director

Dated: __M_Ja......y~4...:..,_2_0'-1_2 _

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APPENDIX A

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STEPHEN H. SILVERWILLIAM J HADDENSUSAN SILVERROBERT M. WEXLERKEN YUWILERELIZAIlETH SILVER TOURGEMANHOWARO A. LIBERMANSARAH J MARTOCCIA

SILVER. HADDEN & SILVERA PROFESSIONAL LAW CORPORATION

1428 SECOND STREET

SANTA MONICA. CALIFORNIA 90401

MAILING ADDRESS

POST OFFICE BOX 2161SANTA MONICA, CALIFORNIA 90407·2161

TELEPHONE (310) 393·1486TELEPHONE (323) 870-0900

FAX (310) 395-5801

May 10, 1999

ClTY MANAW~~~$ nON

STEVeN e. KAYE

PERSONAL IN.A1RYOF COUNSEl.SHALE F KREPACK

SENT VIA FAX ON MAY 10, 1999 TO (909) 782-5470

ORIGINAL MAILED VIA FIRST CLASS MAIL ON MAY 10, 1999

Larry Paulsen, Assistant City ManagerCity of Riverside - City Hall3900 Main Street, 7th FloorRiverside, CA 92522

Re: Riverside Police Officers' Association/City of Riverside Fund

Dear Larry:

Per our recent meetings, conversations and correspondence,this letter will serve to advise you of the contemplated proceduresand safeguards the Riverside Police Officers' Association (RPOA)intends to take if the City agrees to transfer control of, and theentire balance of, the Riverside Police Officers' Association/Cityof Riverside Fund (Fund) established on July 7, 1991, to the RPOA.

RPOA will assume total control of and responsibility for theFund as well as sole liability for the money which will be heldseparately from other RPOA assets. RPQA will ensure that theoriginal purpose and intent of the Fund continues by establishinga trust and an appropriate administrative and fiduciary oversightstructure and policy.

As envisioned, upon completion of the transfer of the Fund,RPOA will oversee the governance and administration of the Trust bya board of overseers made up of members of the RPOA Board ofDirectors and/or other active and retired RPOA members.Administrative functions and duties will be assumed by that boardof overseers and by the paid staff of RPOA. To fulfill itsfiduciary responsibilities in overseeing the assets of the Trust,RPOA will develop and incorporate an Investment Policy Statement inthe Trust Document. In addition, RPOA will name the InvestmentBrokerage firm of A.G. Edwards & Sons, Inc. as Investment Advisorto the Trust.

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SILVER. HADDEN .& SILVER

Larry Paulsen, Assistant City ManagerMay 10, 1999Page - 2 -

As you are aware, the Fund as established was specificallymaintained as a government plan which was not subj ect to thestrictures and requirements of the Employees' Retirement· IncomeSecurity Act of 1974 (29 USC § 301, ~ ~ .• ERISA). RPOA willobtain expert legal advice as to its need to be subject to ERISAonce it assumes control of the Fund. It may choose to do so, evenif not so required. In addition, RPOA stands ready to release,indemnify and defend the City in all appropriate and legal waysfrom future responsibility for the transferred Fund and for itssubsequent operation by RPOA.

Please let me know if you require further specifi~s. We car.get you this information immediately. Also, we may want to discusswhether probationers who wish to contribute to the Fund once theybecome permanent employees will be able to do so through payrolldeductions.

Sincerely,I I •

./-{l.l/./j/l~ LJj.l, I /

SUSAN SILVER

SS:clmcc: Jeff Joseph, President

Ron WrightRiverside Police Officers' Association

David Miller, Esq. (Via Facsimile 310-373-6808)1)1563 It<

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MILLER BROWN & DANNIS

,\ I'ROrFSSIONAL CORPOlt\T!ON

June 21,2000

REPLY TO PALOS VERDES

VIA FACSIMILE/ORIGINAL TO BE MAILED

Susan Silver, Esq.Silver, Hadden & SilverP.O. Box 2161Santa Monica, CA 90407-2161

Re: City of RiversideIRPOA Negotiations;Our file 2275.2.201

Dear Susan:

Enclosed are copies of the following documents:

7l Sll"·( rHe nStw.:!

~ine\ett1lh fhv:"SJt'i FrJl'~cls(r). c\ ,,~ r;}

It'r ~t5f:;H ~1 iFn ·n;, '.dj ,j.~q

2550 '.i) TtcjU'l

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Tel 3!ll);3·6j~~

f"J:t ~ I1): J:- 3·i,}iD,~

S.:InU (ruli).j:lHJ Cho\',,"_ll'i\('rt'y;'$aM !h:,nl\'} (~

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Los ,",agdt.:'i. C-'TI'l .\lDiG.j;~·llJ;

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1. Proposed Tentative Agreement; and

2. Side letter concerning comprehensive MOO.

By mail I will also fOl"\vard Exhibit A to the Agreement which consists of theagreed upon Protocol for Fund Transfer and a copy of yourJetter dated May 10, 1999.Pursuant to your request I shall also forward a signed copy of the Special Agents'MOO from earlier this year.

After you have reviewed the tentative agreement kindly contact me if you haveany questions, comments or concerns.

Very truly yours,

M1.ILLEERR BBRO.WN ~ DANNIS

OYr(WiJ:£t/IfiL-David G. Miller

DGM:spEncls.

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Susan Silver, Esq.Silver, Hadden & SilverJune 21,2000Page 2

cc: Larry PaulsenJudith GriffithSiobhan FosterSgt. Jay Theuer

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PROTOCOL FOR TRANSFER OF FUND

The City of Riverside (City) and the Riverside Police Officers Association (RPOA or

Association) recognize the following elements as essential components for transferring the

RPOAlCity ofRiverside Fund (Fund) assets and administration to a new trust fund to be

established and administered by and through RPOA. In accepting these elements, the parties

rely, in part, upon the representations from counsel for the RPOA as stated in her letter dated

May 10, 1999:

1. Fund Assets and administrative responsibility for the Fund shall be transferred to.

the Association, subject to the following conditions.

2. The current Memorandum of Understanding will be amended as necessary to

reflect this transfer.

3. RPOA will agree to defend, indemnify and hold the City harmless in connection

with both the transfer and the administration of the Fund on or after the effective date of

transfer.

4. The Transfer agreement will recite that the Fund's Principal shall be for the sole

and exclusive use and distribution to eligible retirees for purposes ofdefraying the cost of

premiums for approved medical insurance programs.

5. The defmition of eligible retirees shall not change from that contained in the

current Memorandum of Understanding for a period of at least three (3) years after the

transfer; no such change in defmition may occur without the City's approval, which approval

will not unreasonably be withheld.

6. The RPOA will assume any and all tax consequences which may arise from the

transfer and defend, indemnify and hold the City harmless for the tax consequences, if any,

of such transfer.

7. If, at any time, the RPOA decides to terminate operation of the Fund, the excess

amount remaining in the Fund will revert to the benefit of the bargaining unit and the City as

currently outlined in Section 16, paragraph 9(a) of the parties' current Memorandum of

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Understanding.

8. RPOA will secure a legal opinion upon which the City will rely informing the

parties as to whether or not there must be City representation on the Board administering the

Trust and, if so, in what proportion.

9. RPOA will secure a legal opinion upon which the City will rely informing the

parties about the extent of liability or responsibility attaching prior to the date of transfer in

the event the Fund becomes an ERlSA Fund as a result of the transfer.

10. The parties waive any contention that this transfer triggers the dissolution

provisions contained in Section 16, paragraph 13 of the parties' current Memorandum of

Understanding.

Adopted for purposes 01 proceeding with the transfer this 2nd day of July, 1999.

CITY OF RlVERSIDE RlVERSIDE POLICE OFFICERS'

ASSOCIAnON

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APPENDIX B

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CITY COUNCILBEN H. LEW! SMAYOR

OANIEL E. STONECITY MANAGER

( (

WAYNE H. HOLCOMBJOHN M. SOTELOARTHUR J. PICK. JR.A. NORTON YOUNGLOVEH. H. BELCING. III. M.C.SAM A. OIGATIBRUCE IS. ISETZ

July 7, 1970

WARO NO.WARD NO.WARD HO.WA"O HO.WA"D NOWARD NO.WARD HO.

As a result of the meeting and consultation sessions between themanagement team and the Riverside~oliceOfficers Associationrepresentatives of the police unit, agreement is reached on thefollowing items:

1. The City will grant a general across-the-board salary increasein the amount of 8.5% effective as of the first pay period inJuly, 1970.

2. The City will adopt a new policy to provide that accumulatedunused sick leave at. the time of retirement, or disabilityretirement, or death of an employee shall be paid to theindividual or his beneficiary in accordance with the fol­lowing formula:

a. More than 5 years' but less than 10 years' of contin­uous service will be paid 25% of unused accumulatedsick leave.

b. More than 10 years' of continuous service will be paid50% of unused accumulated sick leave.

3. The City will adopt a new policy providing for an education­incentive wage program based upon the Police Officer StateTraining system of issuing Certificates of Achievement.Police personnel holding an Intermediate Certificate willreceive a 5\ increase and those police personnel holding anAdvanced Certificate will receive a 10\ increase. Both the5\ and 10\ increase will be based upon the' officer'sexisting salary.

4. The city will grant a flat $55.00 per month hazard pay formotorcycle duty.

5. The City will assume full payment of the employee's monthlyhealth insurance premium of the less expensive of the 2 plansnow offered, regardless of which plan (Kaiser or Aetna) theemployee chooses. This does not include any payment towarddependent coverage.

SISTER CITIES CUAUTLA. MEXICO AND SENDAI. JAPAN

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\.

6. The current City holiday policy will be changed to permitpolice employees to have a holiday on any day so proclaimedby the President of the United States or Governor of theState of California by including the following statement inthe City's holiday policy: "Any day that is declared alegal holiday by the President or the Governor". Thisholiday, if so declared, will be treated as any other holidayby police public safety personnel.

,