b'"a CHANDLER -warizona Community of Innovation MEMORANDUM DATE: January 23, 2020 TO: Mayor and Council THRU: Marsha Reed, City Manage. Debra Stapleton, Assistant City Manager c/V1/5 FROM: Rae Lynn Nielsen, Human Resources Director SUBJECT: CLASA Memorandum of Understanding JAN 2 3 2020 ties RECOMMENDATION: Staff recommends City Council approve the Memorandum of Understanding between the City of Chandler and Chandler Lieutenants and Police Sergeants Association (CLASA) effective July 1, 2020, through June 30, 2022. BACKGROUND: The City and CLASA commenced negotiations on October 10, 2019. A budget briefing was held on August 29, 2019, to start the process prior to the Association meetings with City Council on September 5, 2019. All articles in the Memorandum of Understanding (MOU) were open to negotiations. The City and CLASA were able to reach agreement on an initial two (2) year MOU that will be in effect from July 1, 2020, through June 30, 2022. The agreement does not include any areas to be reopened during the term. The Meet and Confer ordinance was amended in October, 2018, and allows for the Memorandum of Understanding to continue from year to year after the initial term above ends absent notice by either party of its desire to amend or modify the Memorandum of Understanding through Meet and Confer. Mailing Address Mail Stop 703 P.O. Box 4008 Chandler, AZ 85244-4008 Human Resources 480-782-2350 480-782-2345 Fax chandleraz.gov Location Second Floor 175 S. Arizona Ave Chandler, AZ       a CHANDLER viwarizona Community of Innovation DISCUSSION: Substantive changes to the MOU include: \xe2\x80\xa2 Fund a merit increase of up to 5% in FY 20/21 and FY 21/22 for all eligible Police Sergeants. \xe2\x80\xa2 In August, 2020, the annual market survey will be completed and an adjustment will be applied, if required, using the methodology outlined in the MOU. \xe2\x80\xa2 In August, 2021, the annual market survey will be completed and an adjustment will be applied, if required, using the methodology outlined in the MOU. If the August 2021 survey shows the Sergeant classification has moved out of the midpoint between the market comparison of the 3rd and 5th cities in the ranking, an adjustment will be applied to bring the classification into midpoint of 3rd and 5th position if required. This recalibration of 4th market position will occur only in FY 21/22. \xe2\x80\xa2 Effective July 1, 2020, a 5% Special Assignment Pay Differential will be paid to Sergeants assigned to the following specialties: SWAT, Criminal Apprehension Unit (CAU), Robbery/Homicide, Sex Crimes, Family Crimes, Computer Crimes, Gangs, Narcotics, Human Trafficking, Motors/DUI, and Vehicular Crimes Unit (VCU). \xe2\x80\xa2 Sergeants are eligible for one (1) Special Assignment Pay Differential only and the assignment is at the discretion of the Police Chief. Any removal from the special assignment is not grievable. \xe2\x80\xa2 Shift differential pay will increase each fiscal year shown in the chart below: Shift Current Rate Effective July 1, 2020 Effective July 1, 2021 Mid-Day shift $0.30 $0.50 $0.60 Swing Shift $0.50 $0.70 $0.80 Graveyard Shift $0.70 $0.90 $1.00 Mailing Address Mail Stop 703 P.O. Box 4008 Chandler, AZ 85244-4008 Human Resources 480-782-2350 480-782-2345 Fax chandleraz.gov Location Second Floor 175 5, Arizona Ave, Chandler, AZ       a CHANDLER Wiffa r I Z 0 n a Community of Innovation \xe2\x80\xa2 Grievance language was updated to resolve the conflict between the amended Meet and Confer Ordinance, Personnel Rule 18, and the agreement. The City and CLASA request approval of this agreement. MOTION: Move City Council approve the Memorandum of Understanding between the City of Chandler and Chandler Lieutenants and Police Sergeants Association (CLASA) effective July 1, 2020, through June 30, 2022. CC: Tom Lovejoy, CLASA President Mailing Address Mad Stop 703 P.O. Box 4008 Chandler, AZ 85244-4008 Human Resources 480-7822350 480..732-2345 Fax chandleraz.gov Location Second Floor 175 5, Arizona Ave. Chandler, AZ       MEMORANDUM OF UNDERSTANDING July 1, 2020 -June 30, 2022 CITY OF CHANDLER AND POLICE SERGEANTS BARGAINING UNIT TABLE OF CONTENTS  Preamble 4 Article 1: Rights Section 1-1 Purpose/Gender 5 Section 1-2 City and Management Rights 5 Section 1-3 Rights of the Association 6 Section 1-4 Sergeant Rights 11 Section 1-5 Prohibition of Strike and Lockout 16 Article 2: Grievance/Arbitration/Labor-Management Section 2-1 Grievance Procedure 18 Section 2-2 Labor-Management Committee 19 Article 3: Compensation and Wages Section 3-1 Merit Pay 20 Section 3-2 Longevity Pay 20 Section 3-3 Total Annual Cash Compensation Survey 21 Section 3-4 Field Training Pay/Special Assignment Pay 22 Section 3-5 Interpreting and Translation Pay 23 Section 3-6 Overtime 23 Section 3-7 Court Overtime 24 Section 3-8 Jury Duty 25 Section 3-9 Call-Out Pay 25 Section 3-10 Swing Shift and Night Shift Differential Pay 26 Section 3-11 Deferred Compensation 26 Section 3-12 Vacation & Comp-Time Buy Backs 27 Article 4: Hours of Work/Working Conditions Section 4-1 Hours Article 5: Benefits 27 Section 5-1 Health Insurance 27 Section 5-2 Dental Insurance 28 Section 5-3 Life Insurance 28 Section 5-4 Vacation Leave    Section 5-4A Maximum Accrual of Vacation Credits 29 Section 5-5 Holidays 29 Section 5-6 Sick Leave 32 Section 5-6A Payment of Sick Leave at Retirement or Death 32 Section,5-7 Training/Tuition Reimbursement 33 Section 5-8 Out-of-State Vacation Recall 35 Section 5-9 Uniform, Clothing and Equipment 35 Article 6: Miscellaneous Section 6-1 Saving Clause 35 Section 6-2 Copies of Memorandum 36 Section 6-3 Seniority 36 Section 6-4 Limited Duty Status 36 Section 6-5 Changes in Departmental General Orders 37 pursuant to this Memorandum Section 6-6 Term and Effect of Memorandum    PREAMBLE Whereas the well-being and morale of the Sergeants of the City are benefited by providing an opportunity to participate in the formulation of policies and practices affecting the wages, hours, benefits and other conditions of their employment; and Whereas the parties hereby acknowledge that the provisions of this Memorandum of Understanding (hereinafter \\"Memorandum\\") are not intended to abrogate the authority and responsibility of the City government provided for under the statutes of the State of Arizona or the charter or ordinances of the City; and Whereas the parties, through their designated representatives, met and conferred in good faith pursuant to the Meet and Confer Ordinance in order to reach agreement concerning wages, hours, benefits and other conditions of employment in the bargaining unit; and Now therefore, the City of Chandler, hereinafter referred to as the \\"City\\" and CLASA, hereinafter referred to as the \\"Association\\" having reached this complete agreement concerning wages, hours, and working conditions for the term specified, the parties submit the Memorandum to the Mayor and the City Council of the City of Chandler with their joint recommendation that the body resolve to adopt its terms.   ARTICLE 1: RIGHTS Section 1 - 1: Purpose / Gender It is the purpose of this Memorandum to continue and maintain harmonious relations, cooperation, and understanding between the City and its Sergeants; and to set forth the full and entire understanding of the parties reached as a result of a good faith meeting and conferring regarding wages, hours, benefits, terms and other conditions of employment of the Sergeants covered hereby, which understanding the parties intend jointly to submit and recommend for approval and implementation to the Mayor and City Council. Whenever any words used herein are in the masculine, feminine, or neuter, they shall be construed as though they were also used in another gender in all cases where they would so apply. Section 1 - 2: City and Management Rights The City and the City Manager\'s rights are not subjugated or diminished in any way by any expressed or implied duty or obligation to meet and confer. Retained management rights are not subject to the grievance procedure contained in any Memorandum of Understanding, nor are they subject to any other appeal or complaint process. 1) Subject to the terms of this MOU the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force performing those services. The authority of the City shall not be modified or limited by inference or implication. 2) Subject to the terms of this Memorandum, the exclusive rights of the City shall include, but not be limited to; \xe2\x80\xa2 The right to determine the organization of City government, the purpose of each of its departments, and the purpose and mission of its constituent agencies, boards and commissions. \xe2\x80\xa2 Set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish rules and practices governing the conduct of Sergeants, to direct and supervise its Sergeants and their work, to take disciplinary action, to relieve its Sergeants from duty   because of lack of work or for other legitimate reasons, to determine whether goods and or services shall be made. \xe2\x80\xa2 Determine whether goods and or services shall be made, purchased or contracted for. \xe2\x80\xa2 Determine the methods, means and personnel by which the City\'s services are to be provided, including the right to schedule, and assign work and overtime, to hire, transfer and reassign Sergeants and to otherwise act in the interests of efficient service to the community. \xe2\x80\xa2 The City reserves the right to establish and revise work schedules and work locations; to establish, revise and implement standards for hiring and promoting Sergeants; to determine the need for additional positions and the qualifications of new Sergeants and to determine the qualifications for and/or the qualifications of Sergeants considered for transfer and/or promotion; to evaluate and judge the skill, ability and efficiency and general work performance of Sergeants. \xe2\x80\xa2 Adopt and manage its budget, provide for the funding of certain levels of service, to add, delete, modify, or suspend certain programs, functions, divisions, and departments as the City Council in the exercise of its legislative authority to create and manage the City\'s budget and to determine whatever action to be necessary and appropriate. \xe2\x80\xa2 Take all necessary actions to maintain uninterrupted service to the community. 3) The City retains all rights not specifically limited by a Memorandum of Understanding approved in accordance with the provisions of the Meet and Confer Ordinance, Chandler City Code \xc2\xa7 2-13, as amended. 4) The enumeration of the above rights is illustrative only and is not to be construed as being all-inclusive. Section 1 - 3: Rights of the Association A. The City recognizes the Chandler Lieutenants and Sergeant Association as the sole and exclusive Meet and Confer authorized representative, pursuant to the Meet and Confer Ordinance for purposes of the representation regarding wages, hours, benefits and other conditions of employment for all regular full-time Sergeants in the employee group. The Associations shall have no rights beyond those specified in the Meet and Confer Ordinance as amended, Title 38 of the Revised Arizona State Statute and this Memorandum. Members of the group shall hereinafter be referred to as \\"Sergeants.\\"   B. Certain specified representatives of the Association have the right to paid release time herein as follows: 1) The Association may designate up to five (5) Executive Board member representatives and shall notify the Police Chief in writing of such designations. There shall be no obligation on the City to change or adjust normal departmental scheduling or assignments of personnel as a result of such designations. 2) One representative may, when the Association is designated in writing by the Association member as his/her representative, attend mutually scheduled grievance meetings and hearings with department and City representatives without loss of pay or benefits. In no event shall this paid release time be used for any other purposes, such as gathering information, interviewing the grievant/appellant or witnesses, or preparing a presentation. The Association representative is required to obtain the permission of his/her department supervisor to absent himself from his/her duties to attend scheduled grievance meetings. Subject to operational needs and scheduling factors, this permission shall not be unreasonably withheld. An Association representative wishing to enter a work area for the purpose of investigating a formal grievance must first gain the permission of the work area supervisor. This permission will not be unreasonably withheld, giving proper consideration to essential work of the department and the occupational safety of the Association representative. C. Payroll Dues Deduction 1) The City shall deduct yearly from all (26) twenty-six checks of Association members, the regular periodic Association membership dues pursuant to the City\'s deduction authorization form duly completed and signed by the employee and transmit such deductions monthly to the Association no later than the fourteenth (14) day following the end of the pay period in which the deduction occurs, along with an alphabetical list of all Sergeants for whom the deductions have been made. Such deduction shall be made only when the Association member\'s earnings for a pay period are sufficient after other legally required deductions are made. 2) Authorization for membership dues deduction herein shall remain in effect during the term hereof unless revoked in writing by the Sergeant. The City shall accept revocation of deductions only during the first week of January and July of the term of this Memorandum to be effective the following   payroll period. The City will notify the Association of any revocations submitted to it. 3) The City shall not make any payroll deductions for Sergeants on behalf of any other organization that purports to provide benefits similar to those offered by the designated Association (as defined in the Meet and Confer Ordinance as amended) during the term of this Memorandum. 4) It is agreed that the City assumes no liability on account of any actions taken pursuant to this Section. The City will however, as promptly as technically possible, implement changes brought to its attention. 5) The City shall, at the written request of the Association during the term of this Memorandum, make changes in the amount of dues deduction hereunder for the general membership, provided costs for implementing such changes shall be reimbursed by the Association at actual cost incurred by the City. D. Solicitation, Distribution of Material, and Use of Facilities and Services 1) The solicitation of members, dues collection and other internal Association business shall be conducted only during non-working hours and shall not interfere with the work process. The Association may distribute material on the City\'s premises (buildings and grounds) before and after scheduled working hours or in a non-work area during scheduled work hours provided that both the person distributing and the employee receiving such material are on their own time. 2) The City shall provide the Association with space for one bulletin board per station for its use in communicating with its members at mutually agreeable locations. The City shall grant sole and exclusive use of such bulletin boards to the Association. Bulletin boards shall not exceed 4\' x 3\' (width by height) in size. 3) The bulletin boards shall be used only for the following notices: recreational and social affairs of the Association; Association meetings; Association elections; reports of the Executive Board or committees; rulings or policies of the state or national organizations; and legislative enactments and judicial decisions affecting public sector labor relations.   Notices shall not contain anything political; anything reflecting adversely on the City or any of its employees; or anything that is disruptive of the City\'s operations. The City may order the removal of any posted notice on the basis that it violates the requirements herein. The Association may dispute the order of removal by filing a grievance pursuant to Personnel Rule 18 Grievance Procedures. Posted material will be signed by an authorized official of the organization. The Association agrees to keep the bulletin board in good order. 4) The Association is authorized to use mutually agreed upon non-work areas in City facilities for pick-up by or distribution to Sergeants of the official Association literature that is not political in nature or abusive of any person or organization. The use of working areas or use of City equipment and information systems, for the solicitation of members, dues collection, and distribution of materials relating to other Association business shall be prohibited unless allowed by a specific Section of the Memorandum. 5) The Association President, or his/her designee, will be provided a mail slot for department communications and may use the City\'s e-mail system to send e-mails to Sergeants to announce meetings . With pre-approval from the Chief or designee, notice of association charities and upcoming events may be sent by the email system. E. In recognition of the mutual benefit to both the City and the Association, a Sergeant using Association release time as defined by Articles in this Memorandum to conduct Association business shall be accorded all insurance-related benefits. Claims made for benefits will be reviewed on a case-by-case basis in the same manner as the claim of any other employee. F. A member of the Executive Board of the Association, or a designated Association representative, will, with the approval of the Police Chief or his/her designee, subject to twenty-four (24) hours written notice in advance, be authorized to engage in Association related activities during City work hours on a non-paid basis. Approval for use of unpaid time hereunder shall be subject to Department operational and scheduling factors and administration control as to usage of such time, but shall not be unreasonably withheld. There shall be no use of official paid time for Association related activities under this paragraph.   G. A Sergeant may contribute up to three (3) hours per year of accrued vacation to be placed in an Association leave time bank for use by the Association to engage in legitimate Association business. The following conditions shall apply to the leave time bank: 1) The Association shall supply the City with a Release Hours Authorization Form, which includes the name of the Sergeant and the hours of vacation time donated by the Sergeant to the pool. 2) The donating Sergeant shall sign the form before submission to the City. 3) The City shall withdraw the bank hours in the 1st pay period of July or upon promotion date of an Officer to Sergeant. 4) The form shall be enforceable from year-to-year, and the Association President may increase bank hours upon a written statement. 5) Charges against the Association leave time bank shall only be made when approved by the President or Secretary/Treasurer of the Association. 6) Human Resources shall keep a record of all time donated and drawn against. 7) Any unused hours in the Association leave time bank may be carried over from one fiscal year to the next. 8) The Association shall indemnify, defend and hold harmless the City against any and all claims made and against any suits instituted against the City on account of the City complying with any of the provision of this Section. 9) These hours may be used as follows: a. For Executive Board members to attend meetings of the Executive Board, meetings of the general membership, and for preparation for negotiations pursuant to the Meet and Confer Ordinance as amended. b. For any member designated by the President to be used for legitimate Association purposes. 10) Approval for use of paid time hereunder shall be subject to Departmental operational needs and scheduling factors.    Such approval shall not be unreasonably withheld. When using such paid time, members of the Executive Board shall give at least twenty-four (24) hours written notice in advance. H. The Association will be allowed 1/2 hour to talk to and possibly sign new Sergeants into the Association and to explain the rights and benefits under the Memorandum. This time will be allotted after promotion of said Sergeants. The content of such information shall not be political in nature, abusive of any person or the Department or disruptive of the Department\'s operation. I. It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the employer to count as time worked, any hours or fractions of hours spent outside the Sergeant\'s work shift in pursuit of benefits provided by this Article. The employer shall count as time worked any hours or fractions of hours spent within the Sergeants regular work shift in pursuit of benefits provided by this Article. J. In the interest of encouraging continuing education for Sergeants, the Department will mail to the Association President the AZ POST calendar. K. The Association may designate up to three (3) Sergeants to represent the Association in the Meet and Confer process with the City. These designated Sergeants shall be granted time off with pay for the purpose of such representation, and such times shall not be applied to bank hours. L. In the event that the City alleges that the Association or a Sergeant, or the Association or a Sergeant alleges that the City has violated a provision of the Meet and Confer Ordinance as amended, the Association, Sergeant, or City may submit such a claim through the grievance procedure in Article 2 of this Memorandum. Section 1 - 4: Sergeant Rights A. All Sergeants shall have the right to join or not to join the Association as they individually prefer. Sergeants have the right to participate on behalf of or engage in activities on behalf of an Association and have the right to refrain from such activity. Sergeants shall be free from any interference, restraint, or coercion by any employee, supervisor, or manager for or against the Association. Violations will necessitate disciplinary action.    B. Sergeants have the right to be represented by the Association and to have a member of the Association present during the grievance and the disciplinary process. The disciplinary process does not apply to an interview of a Sergeant during the normal course of work, counseling, instruction, informal verbal admonishment or other routine or unplanned contact with a supervisor. C. If a Sergeant requests representation will be allowed when the member is subject of an administrative investigation and the Sergeant reasonably believes that the interview could result in dismissal, demotion or suspension by Professional Standards Section, or any Police Department supervisory, who is conducting an administrative investigation. The Sergeant will obtain the most readily available Association representative. The Association representative will make every reasonable attempt to arrive within one (1) hour from the time the member makes a phone call to the representative. The Association representative will attend the above interview only as an observer. At the end of the interview, but prior to the conclusion of the interview, the Sergeant being interviewed may privately confer with their representative. Upon returning to the interview the Sergeant will be allowed to make a statement not to exceed 5 minutes addressing the specific facts or policies related to the interview. A Sergeant identified only as a witness will be given the opportunity to consult with an Association representative not same representative as the suspected Sergeant to discuss their rights and obligations prior to the interview. The interview session shall be for a reasonable period of time, taking into consideration the gravity and complexity of the misconduct being investigated. D. Any unit member who is the subject of an officer involved shooting investigation who has discharged a weapon or was shot at or violently assaulted may request to have the administrative interview postponed for up to 48 hours from the time of the incident. The Police Chief may deny the request when he or she determines that delaying the interview would be detrimental to the investigation. A unit member may waive his/her rights to make the request for postponement of the administrative interview. In all cases, the overall mental and physical or health of the unit member shall be taken into consideration. E. A Sergeant under investigation will be notified in writing every 30 (thirty) days as to the current status of the investigation. This will include a brief description of the number of known witnesses still to be interviewed and other investigative processes remaining to be completed, as well as an estimated date of completion. F. A Sergeant has the right to present his/her own grievance in person and has the right to be represented.    G. A Sergeant covered hereunder shall, on his/her request be allowed to review his/her departmental or divisional personnel file in the presence of an appropriate supervisor/official of the Department within three (3) business days of the request review. Another person of his or her choosing may accompany the Sergeant. When a City-directed work fitness/job performance medical evaluation process is completed, the Sergeant may request copies of his or her medical information from the City-selected physician. The City must also agree to give the City-selected physician authorization to release any/all information to the requesting Sergeant. H. No Sergeant shall have any adverse comments entered into his/her departmental personnel file without the Sergeant being informed by the supervisor. If the Sergeant requests, he/she may receive a copy of the adverse comment. A Sergeant may, at his/her discretion, attach rebuttal statements to any material contained in his/her departmental personnel file, which may be adverse in nature. I. Material purged from a Sergeant\'s file in accordance with the below procedures or allegations about a Sergeant which are unfounded, exonerated, not sustained or a policy failure will not be used in future performance ratings or disciplinary actions. Consistent with the requirements of A.R.S. \xc2\xa7 39-128, the City shall maintain as part of a Sergeant\'s official personnel record all documents relating to disciplinary actions, including the Sergeant\'s response to the disciplinary action, and shall make such records available for inspection and copying as required by the public records law. Upon written request, a Sergeant may have letters of admonishment which are over three (3) years old removed from the department working file when there have been no incidents or problems of a similar nature within the three (3) year period immediately preceding the request. A Sergeant may request to have letters of instruction and counseling statements which are over one (1) year old removed from the department working file. K. A Sergeant under investigation by Professional Standards Section or a Police Department supervisor for a disciplinary matter that may lead to a written reprimand, suspension, demotion, or discharge, and who is interviewed, or requested to produce any documentation, shall be given a written notice informing him of the specific nature of the investigation, his/her status in the investigation, and all known allegations of misconduct involved in the interview of the Sergeant.    In addition, the Sergeant and/or the Police Department supervisor/Professional Standards Section representative shall be entitled to mechanically record such interview. Should any mechanical recordings take place, the department reserves the right to transcribe any such interview for the purpose of verifying the accuracy of the interview and, if requested, the Sergeant shall sign the transcription if it is accurate. For any sustained allegations resulting in a letter of reprimand or higher, the Sergeant has appeal rights under Personnel Rules or, where applicable Title 38 of Arizona Revised Statute. At the time of a scheduled interview by the Professional Standards Section, a Police Department supervisor, or other City employee, the investigator will advise the Sergeant of all evidence known at the time of the interview that will be used in the course of the investigation. This includes any written documents, video or audio recordings, or photographs. The Investigator will inform the Sergeant of such evidence at the time of the interview. 1) A copy of the signed and dated notice of investigation will be given to the Sergeant prior to the beginning of the interview. The Sergeant shall have the right to retain the notice of investigation for his/her use throughout the entire course of the interview. A Sergeant will be provided an opportunity to make a telephone call after the issuance of the notice of investigation to obtain an Association representative. 2) In the event a Sergeant does not record his/her interview he/she may request a copy of the investigator\'s tape(s) if the investigator records the interview (the Sergeant provides the tape). 3) If any Sergeant is told not to speak to anyone regarding an investigation, this admonition does not apply to speaking with an attorney functioning within the attorney-client relationship, or with an Association representative who may discuss the matter only with the Executive Board members. When the investigation is completed, the accused Sergeant will be notified in writing of the findings. A Sergeant under internal or administrative investigation may be reassigned, until the completion of the investigation. 4) If during the course of the above-mentioned investigation, information is learned concerning additional misconduct on the part of the Sergeant being interviewed, a notice of investigation will be issued to the Sergeant prior to    the Sergeant being questioned about the additional misconduct information. 5) Issues related to the release of a Sergeant\'s home address and telephone number, timeliness of lodging a complaint against a Sergeant, and multiple discipline arising out of the same incident have been addressed by the adoption of general orders related to these subjects. 6) The unit member\'s immediate supervisor will normally investigate LEVEL 1 complaints, whether generated internally or externally and LEVEL II Class A \\"First Violation\\" complaints that result from a complaint of a third LEVEL 1 violation within a one-year period. The Professional Standards Section will normally investigate LEVEL II complaints unless otherwise directed by the Office of the Chief. The Professional Standards Section will normally investigate any complaint that involves extensive manpower and resources that would unreasonably burden a supervisor. Division Commanders may request the Professional Standards Section to conduct an investigation for a variety of reasons. These requests will be routed through the Office of the Chief. L. The employer shall count as time worked any hours or fractions of hours spent within the Sergeant\'s regular work shift in pursuit of benefits provided by this Article, (Association Representative) but shall not count as time worked any hours or fractions of hours spent outside the Sergeant\'s work shift. M. A Sergeant who receives a written reprimand may request a copy of the official documentation, if any, supporting the written reprimand. N. If a polygraph examination is required of a Sergeant, an Association representative will be allowed to monitor and observe all preliminary and post examination interviews and the examination from a monitoring room if available. If no monitoring room is available, appropriate steps will be taken to video record the proceedings for the record. The results of a polygraph or voice stress examination alone will not be the sole factor for determining truthfulness or on which to impose disciplinary action. A copy of the examination results including charts will be provided to the Sergeant upon request. 0. Once a Sergeant has been formally counseled or disciplined in accordance with General Orders B-12, including the counseling/discipline chart, and B-13,    no further investigation will be conducted for the same allegation for the same incident except when: 1. New Information reveals additional allegations arising from or related to the same incident. 2. The Office of the Chief requests further investigation for the integrity of the organization and to maintain public trust. P. A complaint will be treated as a delayed complaint if an allegation of non-criminal misconduct by an employee occurred more than 120 days prior to the date of complaint. The supervisor receiving the complaint will document the information in a memorandum. The memorandum will be sent through the chain of command to the Professional Standards Section, who will review and inform the Office of the Chief. A determination will be made whether or not a formal investigation will be initiated. If an investigation is merited, the Professional Standards Section will conduct the investigation, unless otherwise directed by the Office of the Chief. The Association must equally and fairly represent all Sergeants. Q. An employee subject to suspension, demotion or discharge shall be entitled, upon request, to a Disciplinary Committee Review Group process as outlined in Rule 5 \xc2\xa7 7 of the Personnel Rules. A (02) of this rule changed to the \\"CLASA Association President or designee\\". The CLASA Association President or designee may not serve on a disciplinary review group if he/she has a direct connection with the matter being reviewed or has any real or perceived conflict of interest. The person will be mutually agreed upon between the Human Resources Director and the CLASA President. If mutual agreement cannot be reached, the appointment will revert to the Personnel Rule and will be a member of Employee Council. The grounds for discipline and types of discipline are not grievable matters under this MOU. Section 1 - 5: Prohibition of Strike and Lockouts A. The Association and Sergeants covered by this Memorandum recognize and agree that rendering of services to the community cannot under any circumstances or conditions be withheld, interrupted, or discontinued, and to do so would endanger the health, safety and welfare of the citizens of the City of Chandler.    B. The Association pledges to maintain unimpaired municipal services as directed by the City. Neither the Association, nor any Sergeant, for any reason, will authorize, institute, aid, condone or engage in a slowdown, work stoppage, strike, or any other interference with the work and statutory functions and obligations of the City or the Department. During the term of this Memorandum neither the City nor its agents for any reason shall authorize, institute, aid or promote a lockout of Sergeants covered by this Memorandum. C. Should any Sergeant during the term of this Memorandum, and until such time that it is expressly and legally rescinded breach the obligations of Section 1-5 (B), the City Manager or his designee shall immediately notify the Association that a prohibited action is in progress. D. The Association shall forthwith, through its Executive Board and other authorized representatives, disavow said strike or other prohibited action, and shall notify in writing all Association members and representatives of their obligation and responsibility for maintaining compliance with this Article, including their responsibility to remain at work during any interruption which may be caused or initiated by others. Copies of such notification shall be delivered to the Office of the City Manager. In addition, the Association shall order all Sergeants violating this Article to immediately return to work and cease the strike or other prohibited activity. Such order shall be delivered both orally and in writing to all Sergeants violating this Article with copies of the written order to be delivered to the Office of the City Manager. E. Penalties or sanctions the City may assess against a Sergeant who violates this Section shall include, but not be limited to: 1) Discipline up to and including discharge. 2) Loss of all compensation and benefits, including seniority, during the period of such prohibited activity. F. Should the Association during the term of this Memorandum and until such time that it is expressly and legally rescinded, breach its obligations under this Section, it is agreed that all penalties set forth in the City Charter, shall be imposed on the Association, in addition to any other legal and administrative remedies available to the City that in its discretion it may elect to pursue.    G. Nothing contained herein shall preclude the City from obtaining judicial restraint or from seeking damages from the Association, in the event of a violation of this Section. ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT Section 2 - 1: Grievance Procedure A. The grievance procedures set forth in Personnel Rule 18 - Grievance Procedures shall apply to any grievance brought by a unit member or the Employee Organization alleging violation(s) of the express terms of this Memorandum for which there is no Merit System Board appeal or other specific method of review under State or City law. B. Any proposed changes to Personnel Rule 18 - Grievance Procedures will be provided to the Employee Organization President in a redline format and, if requested by the Employee Organization, a labor-management meeting shall be scheduled prior to submission of the proposed change to the City Council for approval. The meeting shall be scheduled within a reasonable amount of time so as not to unduly delay the process. C. In the event the City Manager takes unilateral action that is inconsistent with an express term or condition of this Memorandum and the effect of such action adversely affects the wages, benefits, or working conditions of a majority of unit members directly affected by the action, the employee organization may bring an Organization Grievance on behalf of all members using the grievance procedures under Personnel Rule 18. If the Organization Grievance is not resolved at the supervisor or department level, the City Manager shall refer the Organization Grievance, brought under the limited circumstances described herein, to a neutral third party who is not a current or former official or employee of the City. The City Manager may elect to exercise his or her sole discretion to bypass the supervisor\'s and department\'s review of the Organization Grievance and refer the Organization Grievance directly to a neutral third party. D. The parties, or their designated representatives, shall agree on a neutral third party. If they are unable to agree on a neutral third party within a reasonable time, the City shall provide a list of seven (7) individuals who have experience as a hearing officer or mediator with the public sector in Arizona. The parties shall, within five (5) workdays of the receipt of said list, select the neutral third party by alternately striking names from said list until one name remains.    Such person shall then become the neutral third party. The neutral third party so selected shall hold a hearing as expeditiously as possible at a time and place convenient to the parties, and shall be bound by the following: i. The neutral third party shall be bound by the language of the Memorandum and departmental rules and regulations consistent therewith in considering any issue properly before him/her. ii. The neutral third party shall expressly confine him/herself to the precise issue submitted and shall have no authority to consider any other issue not so submitted. iii. The neutral third party shall be bound by applicable State and City law. iv. The neutral third party shall submit findings and recommendations to the employee organization and to the City Manager. The cost of the neutral third party and any other mutually incurred costs shall be borne equally by the parties. v. The City Manager shall, within ten (10) workdays of the receipt of the written findings and recommendations, make the final, non-appealable determination of the organization grievance and submit it in writing to the employee organization. Section 2 - 2: Labor-Management Committee It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the employer to count as time worked, any hours or fractions of hours spent outside the employee\'s work shift in pursuit of benefits provided by this Article. The employer shall count as time worked any hours or fractions of hours spent within the employee\'s regular work shift in pursuit of benefits provided by this Article. A. There shall be a Labor-Management Committee consisting of two (2) representatives of the Association and two (2) representatives of the City and the City\'s HR Director or designee who shall be the Chairperson. The purpose of the Committee is to facilitate improved labor-management relationships by providing a forum for free and informal discussion of mutual concerns and problems. B. The Committee shall meet, when necessary, at mutually agreed upon times.    C. If the representative of the Association is a Sergeant, such representative shall not lose pay or benefits for meetings mutually scheduled during duty time. ARTICLE 3: COMPENSATION AND WAGES Section 3 - 1: Merit Pay For each fiscal year of the agreement, the City will fund an on-going merit increase of up to 5% for eligible Sergeants effective on the first day of the pay period which includes the date of the Sergeant\'s current job classification or salary review date, until the Sergeant is at the top of the pay grade. Section 3 - 2: Longevity Pay A. In recognition of continuous service and overall performance, the City agrees to provide the following longevity pay for eligible unit members: 1) A unit member who meets the qualifications specified in this article shall receive annually a longevity payment of two and one-half percent (2.5%) of his or her base pay paid in one (1) installment during the pay period of the unit member\'s date of classification or salary review date. This payment is not compensation for the purposes of PSPRS. 2) Qualifications: a. A Sergeant must have five (5) years in a Chandler Police sworn position or reach the top of the Sergeant\'s pay range, whichever is sooner, to be eligible to receive the longevity pay. b. A Sergeant must have achieved the performance rating of \\"meets expectations\\" or better in each overall job standard category on his/her latest scheduled performance evaluation on file in the Human Resources Department. B. Eligible Sergeants who have earned longevity pay and are at the top of the salary range will receive merit plus longevity pay not to exceed 5%.    Section 3 - 3 Total Annual Cash Compensation Survey A. Wage increases are to be determined as follows: 1) For the purposes of this section, \\"Total Annual Cash Compensation\\" means the following: a. the maximum annualized base wages for an individual Sergeant at the top of the pay range (i.e. maximum hourly rate X 2080); and b. the annual amount paid by the City in deferred compensation, or equivalent, to an individual Sergeant at the top of the pay range; and c. the annual amount contributed by the City towards the retirement health savings plan, or equivalent, for an individual Sergeant at the top of the pay range; and d. the annual amount received as longevity pay, or equivalent, by an individual Sergeant at the top of the Sergeant pay range. 2) Human Resources will finalize a Compensation Survey no later than August 1st of each year that compares Total Annual Cash Compensation for eight (8) cities: Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale and Tempe (\\"the Surveyed Cities\\") based on JIMS data and/or verification from the Surveyed Cities\' HR Departments. At the conclusion of the Compensation Survey, the eight (8) cities shall be ranked in numerical order based on Total Annual Cash Compensation with the highest being ranked as number one (1) and the lowest ranked as number eight (8). Human Resources shall determine the rank of the City of Chandler in comparison to the ranking of the seven other cities. If the City of Chandler\'s Total Annual Cash Compensation is ranked at or above the fourth (4th) position in the rankings, no wage adjustments shall be made. If the City of Chandler\'s Total Annual Cash Compensation is ranked below the Total Annual Cash Compensation of the fourth (4th) highest city in the rankings, the top of the Chandler Sergeant pay scale shall be adjusted by the percentage required for Chandler\'s Total Annual Cash Compensation to be equal to the midpoint between the Total Annual Cash Compensation of the third (31 and fourth (4th) highest cities.    Sergeants\' wages shall be increased to correspond with any upward adjustment made to the Sergeant salary range as a result of the annual survey. In FY 21/22 only, if the August 2021 survey shows that the Sergeant classification has moved out of the midpoint between the market comparison of the 3rd and 5th cities in the rankings, an adjustment will be made to bring the classification back into midpoint of 3rd and 5th Any wage increase will become effective on the first day of the next full pay period after the survey data has been accepted and signed by the Association. In the event that the survey results in Chandler\'s being ranked above the fourth 4th position as defined in this Section, Chandler\'s range will not be decreased. Any time an adjustment is made to the maximum pay range for the Sergeant position pursuant to this Section. The minimum pay range for the position shall be set at 5% above Top Officer Pay. B. A salary inversion exists when an employee with less seniority in a job classification earns a higher base rate of pay for any period of time than an employee in the same job classification with greater seniority. The City will not address a salary inversion within the Police Sergeant job classification and Salary Review Dates will not be assigned. Any employee that has an existing Salary Review Date will retain the Salary Review Date as the effective date for future annual merit increases, Supervisory Incentive Pay, and the completion of performance evaluations. Section 3 - 4: Field Training Pay/ Special Assignment Pay Differential Field Training Officers (FTOs) who the department selects to conduct department-approved Sergeant field training will receive an additional five percent (5%) of their regular rate of pay for every day they are assigned to an officially authorized field training position. Sergeants who are assigned to the following specialty assignments will receive an additional five percent (5%) of the regular rate of pay for the duration of the assignment: SWAT, Criminal Apprehension Unit (CAU), Robbery/Homicide, Sex Crimes, Family Crimes, Computer Crimes, Gangs, Narcotics, Human Trafficking, Motors/DUI, and Vehicular Crime Unit.    Sergeants are only eligible to receive one FTO or special assignment pay differential at a time. The differential does not include, and may be combined with, Interpreting and Translation Pay as outlined in Section 3-5. Sergeants in field training assignments and the specialty assignments set forth above may be removed from the assignments by the Police Chief, or designee, at any time. The removal from field training and specialty assignments is within the sole discretion of the Police Chief. A Sergeant who is removed from a field training or specialty assignment does not have the right to appeal or grieve the removal from the assignment. If the removal constitutes a shift/schedule change, Section 4-1 of this Memorandum shall apply. Section 3 - 5: Interpreting and Translation Pay A. Sergeants who receive certification as an Intermediate level translator will receive an additional two and one-half percent (2.5%) of their regular rate of pay for every day they are officially certified to perform translation for the Department. B. Sergeants who receive certification as an Advanced level translator will receive an additional five percent (5%) of their regular rate of pay for every day they are officially certified to perform translation for the Department. Section 3 - 6: Overtime A. Overtime is defined as time worked in excess of 40 hours in a 7-day work period for full-time Sergeants. All paid leave taken in lieu of hours worked, except time off taken as compensatory time, shall be counted as \\"hours worked\\" for purposes of overtime calculation. The \\"hours worked\\" requirement does not apply to overtime compensation the City is obligated to pay by the specific terms of this MOU or Department regulations (i.e., \\"contract overtime\\") for certain activities or situations. Payment for hours worked on a holiday, as part of the regularly scheduled hours of work, shall be compensated as provided by this rule. B. Sergeants assigned to traditional patrol teams who conduct briefings shall be eligible for up to a max of 15 minutes overtime paid at time and one-half (1.5) their regular rate of pay for actual time worked to prepare for the briefing. C. Overtime may be authorized and required by the Police Chief when it is clearly in the best interest of the City. The Police Chief shall authorize overtime in advance unless emergency situations preclude advance authorization.    D. Overtime compensation for Sergeants shall be computed in accordance with the Fair Labor Standards Act and adjusted rate of pay including applicable shift differential, on call pay and assignment pays. If overtime is to be paid, it must be recorded and paid, at one and one-half (1.5) time, on the payroll immediately following the conclusion of the pay period in which the overtime was worked. If compensatory time is to be accrued in lieu of overtime pay, it must be accrued at the rate of one and one-half (1.5) hours of compensatory time for each hour worked. E. The decision to pay overtime or record it as compensatory time shall be at the discretion of the Police Chief. F. Compensatory time shall not accrue in excess of one hundred (100) hours. G. Accrued compensatory time shall be paid: 1) When the accrued compensatory time exceeds the maximum. Payment will be for that amount which exceeds the maximum. 2) Upon separation for any reason, including death of the employee. 3) When authorized by the Police Chief. 4) When requested by the Sergeant in accordance with Article 3, Section 3-13. H. The time at which a Sergeant will take compensatory time off shall be chosen by the Sergeant with the approval of the Sergeant\'s supervisor based on whether the Sergeant\'s absence would interfere with the Department\'s operation. Section 3 - 7: Court Overtime A. When a required court appearance is scheduled, other than normal work hours, overtime is authorized. The unit member will be credited with three (3) hours or the actual number of hours worked, whichever is greater. When court is scheduled within two (2) hours of a scheduled shift, then the actual time of court and preparation for court prior to shift will be paid. 1) Court time shall be continuous time compensated consistent with Article 3, Section 7.    B. For purposes of this Article the term \\"Court\\" shall be defined as including Federal District Court, Superior Court, State of Arizona, City Court, City of Chandler, Municipal Courts in Maricopa County, justice Court, Federal, State, County Grand Juries, Motor Vehicle Department hearings, and Prosecutorial and Defense interviews. It is understood that this Article shall not apply to administrative hearings including but not limited to arbitration hearings pursuant to the Memorandum and hearings pursuant to the C.O.C. 2-13.D.9-grievance procedure. Section 3 - 8: Jury Duty When a Sergeant is called upon to serve as a juror in any court action, they will be allowed leave from their duties without loss of pay for the time required for this service, in accordance with Personnel Rule 15, Section 16. Section 3 - 9: Call-Out Pay A. When a Sergeant is called back to regular duty after leaving City facilities at a time other than his/her regular assigned shift, the Sergeant will receive a minimum of two (2) hours pay at time and one-half (1.5) the Sergeant\'s base pay calculated to the nearest quarter (1/4) hour, except that a Sergeant shall not be eligible for additional compensation during that two hour period. 1) Compensation to a Sergeant who is called out at times other than his/her regularly scheduled shift will begin at the time the Sergeant is notified, but not to exceed 30 minutes and shall terminate 30 minutes after being relieved of duty. A Sergeant is relieved from duty when they are directed by a supervisor to secure or are no longer performing the task directly related to the reason for the call-out. Where applicable, the travel time shall be paid only if the total work and allowed time exceed the minimum call out guarantee. Travel time shall not apply when a Sergeant is working overtime planned in advance. B. A Sergeant beginning an overtime period within two (2) hours or less prior to the regularly scheduled duty reporting time will be compensated from the time the overtime period begins to the time he is scheduled to report for duty except that a Sergeant shall not be eligible for additional compensation during that period. C. Holdover time, i.e., being held over on shift (no break in duty exceeding fifteen (15) minutes) will be compensated for actual time spent in accordance with Section 3-7 of Article 3.    D. If the Sergeant is called back because of his/her own negligence the Sergeant shall not be eligible for the two (2) hours minimum. He will only be paid for the actual time worked. Section 3 - 10: Swing Shift and Night Shift Differential Pay A Sergeant shall receive the shift differential pay associated with a particular shift when the Sergeant actually works that shift. If a Sergeant is reassigned to a different shift because he or she has suffered an on-the-job injury, the Sergeant shall continue to receive the shift differential pay associated with the shift to which the Sergeant was originally assigned until the Sergeant is released to return to full duty. If a sergeant is reassigned to a different shift because of a non-job-related injury or at the sergeant\'s own request, the Sergeant will receive the shift differential pay, if any, associated with the new shift. A. A Sergeant shall receive mid-day shift differential of fifty cents ($.50) per hour in addition to his/her base hourly rate of pay when working a shift that ends between 2000 hours and 2359 hours. In FY 21/22 the mid-day shift differential will increase to sixty cents ($.60) per hour. B. A Sergeant shall receive swing-shift shift differential of seventy cents ($.70) per hour in addition to his/her base hourly rate of pay when working a shift that ends between 2400 hours and 0359 hours. In FY 21/22, the swing-shift shift differential will increase to eighty cents ($.80) per hour. C. A Sergeant shall receive grave-yard shift differential of ninety cents ($.90) per hour in addition to his/her base hourly rate of pay when working a shift that ends between 0400 hours and 0800 hours. In FY 21/22, the grave-yard shift differential will increase to one dollar ($1.00) per hour. Section 3 - 11: Deferred Compensation The City shall make a deferred compensation contribution as follows up to the I.R.S contribution limit: Employee Contribution City Contribution At least $40 but less than $80 per pay period 1% biweekly gross pay per pay period At least $80 but less than $120 per pay period 2% biweekly gross pay per pay period    $120 or more per pay period period 3% biweekly gross pay per pay Section 3 - 12: Vacation and Comp Time Buy-Backs Sergeants shall be permitted to cash in up to fifty (50) hours of vacation time, and up to forty (40) hours of compensatory time, both to be paid at the Sergeant\'s hourly rate. These buy-back options shall be exercised only once per fiscal year. The City shall provide a means for the unit member to submit his or her request. The payment will be made the pay period immediately following the request. ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS Section 4 - 1: Hours A. The regular duty hours for a Sergeant shall be five (5) consecutive shifts of eight (8) hours in a seven (7) calendar day workweek. These (5) consecutive shifts will be preceded and followed by two (2) \\"non-work\\" days. Duty hours may also include a 4/10\'s or 9/80\'s shift. The regular duty hours per shift shall be consecutive and may include any \\"briefing time\\" and shall include a meal period of thirty (30) minutes as reasonable work demands allow. At times, the department may have operational needs, which necessitate a change in current work schedules. The department shall give a Sergeant a minimum seven (7) day advance written notice when his/her days or hours will be changed. If this seven (7) day written notice is not given the days or hours change will be rescheduled to allow for a seven (7) day notice period, except for emergency situations. B. In addition to all duties as assigned by the Police Chief or his/her designees, work hours shall continue to include under normal conditions two (2) fifteen (15) minute rest periods as work demands allow. ARTICLE 5: BENEFITS Section 5 - 1: Health Insurance For the term of this M.O.U. the City will pay a minimum of 80% and the employee will pay a maximum of 20% of the cost of the monthly premium of the City\'s medical insurance benefit.    Section 5 - 2: Dental Insurance For the term of this M.O.U. the City will pay one-hundred percent (100%) of the dental insurance premium for employee only coverage; seventy percent (70%) for employee plus one and fifty percent (50%) for employee plus two (2) coverage. Section 5 - 3: Life Insurance The City shall make group life insurance coverage available for every regular Sergeant who works in a budgetary approved position for 20 hours or more per week at least equal to the Sergeant\'s annual salary. Additional life insurance coverage for the employee, spouse and dependent children shall also be made available. The premiums for this insurance shall be paid by the City or the Sergeant as determined by the City Council. Section 5 - 4: Vacation Leave A. A full-time work schedule consists of 52 weeks a year and 80 hours of work during the pay period. B. Every Sergeant, who works a full-time schedule 52 weeks a year, shall be credited vacation leave as follows for every completed pay period: Years of Service Hours 0-4 Years 4.7 5-9 Years 5.6 10-14 Years 6.5 15-19 Years 7.4 20+ Years 8.3 C. Leaves of absence compensated under the Worker\'s Compensation statutes shall be considered as paid service if the absence is for no longer than one (1) year and the employee shall continue to accrue vacation leave. D. Sergeants who have accrued 240 hours or more of accrued and unused leave (vacation, safety days and holiday accrual hours) and who have attained a minimum of seventeen (17) years of City service may elect to have the additional vacation leave that he/she earns paid to them on a bi-weekly basis for the upcoming three (3) consecutive years.    Once the Sergeant elects to exercise this benefit, it must continue for the full three (3) consecutive years. A Sergeant may draw down the current 240 hours balance. The vacation leave payout under this section is not compensation for purposes of PSPRS. Unit members in the program prior to July 1, 2016 will be governed under the past MOU for purposes of compensation. Section 5 - 4A: Maximum Accrual of Vacation Credits A. Vacation credits shall not be allowed to accumulate in excess of 240 hours, or the equivalent as computed under the Rule for regular employees who work less than full-time but 1040 hours or more per year in a part-time regular budgeted position, as of the last full pay period with a payday in January. B. Any vacation credits in excess of 240 hours, or the equivalent as computed under the Rule for regular employees who work less than full-time but 1040 hours or more per year in a part-time regular budgeted position, shall automatically be moved to vacation carryover balance that must by used by June 30th of that same year. Any vacation carryover not used by June 30th will be forfeited. C. Employees that elect to forfeit vacation credits in excess of 240 hours or the equivalent as computed under the Rule for regular employees who work less than full-time but 1040 hours or more per year in a part-time regular budgeted position, in lieu of having the hours moved to vacation carryover balance that must be used by June 30th of that same year, shall notify Human Resources Director in writing of their request. Section 5 - 5: Holidays A. When possible without decreasing the effectiveness of the various municipal services, all Sergeants, shall be allowed paid holidays as provided below: New Year\'s Day January 1 Martin Luther King, Jr. Third Monday in January Presidents\' Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4    Labor Day First Monday in September Veterans\' Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Christmas Day December 25 Personal Holiday B. When a holiday falls on Sunday, it will be observed on the following Monday. When a holiday falls on Saturday, it will be observed on the preceding Friday. C. Compensation or paid time off when not working a Holiday. 1) When an observed holiday falls on a scheduled work day, Sergeants shall receive paid time off equivalent to the number of hours in their regularly scheduled work day. 2) When an observed holiday falls on a non-scheduled work day, Sergeants shall receive paid time off equivalent to the number of hours in their regularly scheduled work day on an alternate day during the pay period. When operational requirements do not permit an alternate day off in lieu of the official holiday, Sergeants shall receive holiday pay equivalent to the number of hours in their regularly scheduled work day. 3) Sergeants who are scheduled to work at least 1040 hours per year shall be provided holiday pay or paid time off on an alternative day during the pay period for holidays on a prorated basis. The prorated basis shall be calculated based on the position\'s number of budgeted hours. 4) The Police Chief has the discretion of requiring Sergeants to return to a regular work schedule of five (5) eight (8) hour days for the week in which a holiday occurs if it does not affect the Sergeant\'s established work period.    D. Compensation or paid time off when working a holiday. 1) When an observed holiday falls on a non-scheduled work day, Sergeants who are called in or required to work on the observed holiday shall receive compensation at one and one-half (1.5) times their rate of pay for each hour worked on a holiday. In addition, Sergeants shall receive holiday pay equivalent to the number of hours in their regularly scheduled work day, or paid time off equivalent to the number of hours in their regularly scheduled work day on an alternate day, during the pay period. Sergeants who are scheduled to work at least 1040 hours per year and who a holiday shall be provided holiday pay or paid time off on an alternative day during the pay period on a prorated basis. The prorated basis shall be calculated based on the position\'s number of budgeted hours. 2) When an observed holiday falls on a scheduled work day, Sergeants that work on the observed holiday shall receive holiday pay equivalent to the number of hours in their regularly scheduled work day or paid time off equivalent to the number of hours in their regularly scheduled work day on an alternative day during the pay period. 3) When a Sergeant works on an observed holiday, the Police Chief has the discretion to determine whether the Sergeant will receive holiday pay or paid time off equivalent to the number of hours in their regularly scheduled work day on an alternative day during the pay period. E. Holiday Pay When Sergeant is on Leave or Separates from City Service 1) Sergeants shall receive no additional pay and shall not be charged with vacation or sick leave time while on paid leave when a holiday occurs. 2) Sergeants must work or be on paid leave the last scheduled work day before the holiday and the first scheduled work day after the holiday to be paid for the holiday. 3) All Sergeants shall receive payment for holiday work on the payroll immediately following the conclusion of the pay period in which the work was performed.    Section 5 - 6: Sick Leave A. A full-time work schedule consists of fifty-two (52) weeks a year and eighty (80) hours of work during the pay period. B. Every full-time Sergeant who works a full-time schedule fifty-two (52) weeks per year shall be credited 3.7 hours of sick leave accrual for each completed pay period. Sick leave shall accrue with no maximum. C. Leaves of absence compensated under Worker\'s Compensation statutes shall be considered as paid service if the absence is for no longer than one (1) year and sick leave credits shall continue to accrue. D. Sergeants who have accrued 1,000 hours or more of accrued and unused sick leave and who have attained a minimum of seventeen (17) years of City service may elect to have the additional sick leave that he/she earns to be paid to them on a bi-weekly basis for the upcoming three (3) consecutive years. Once the Sergeant elects to exercise this benefit, it must continue for the full three (3) consecutive year period. A unit member may draw down the current 1,000 hour balance. The sick leave payout under this section is not compensation for the purposes of PSPRS. Unit members in the program prior to July 1, 2016 will be governed under the past MOU for purposes of compensation. E. The City Manager may establish policies for the conversion of a portion of employee\'s sick leave balances to either vacation credits or provide for cash payment, as appropriate. Section 5 - 6A: Payment of Sick Leave at Retirement or Death A. A Sergeant who has met the requirements for retirement from the City and retires shall receive compensation for sick leave in accordance with the following schedule. Payment will be made at the hourly base rate at time of retirement after verification that the Sergeant has submitted a retirement application with the appropriate retirement system agency. B. At retirement the Sergeant will have deposited into his/her Retirement Health Saving Account 50% of his/her unused sick leave calculated at their current hourly rate at the time of retirement.    C. The beneficiaries of a Sergeant who dies prior to retirement shall receive compensation for the Sergeant\'s accrued sick leave at the rate of fifty percent (50%) of the accrued sick leave hours at the Sergeant\'s current base rate and shall receive compensation for Years of Service Pay as established by the City Manager for each twelve (12) month year of City of Chandler Service prorated for any partial year. D. The beneficiaries of a Sergeant who dies in the line of duty shall receive compensation for all accrued sick leave at the rate of one hundred percent (100%) of the accrued sick leave hours at the Sergeant\'s current base rate and shall receive compensation for Years of Service Pay as established by the City Manager for each twelve (12) month year of City of Chandler service prorated for any partial year. E. During the terms of this Memorandum, the City will continue its Citywide Retirement Health Savings Plan (RHSP) for all regular, benefited employees with a contribution of $800 for every year of City service paid into retiring employee\'s RHSP account provided they have five (5) or more years of service with the City. Section 5 - 7: Training/Tuition Reimbursement A. Responsibility for Training 1) The City Council encourages the training and education of Sergeants. The Human Resources Director shall assume responsibility for developing citywide training programs for Sergeants. The Police Chief may establish department-specific training programs. B. Credit for Special Training 1) Participation in, and successful completion of, special job related training courses may be considered in advancements and promotions. C. Reimbursement for Formal Training 1) Fiscal conditions permitting, the City will assist Sergeants in their pursuit of additional formal education from an institution in areas related to a City career field.    A policy and procedure shall be established by which tuition reimbursement will be administered and which will reimburse Sergeants. 2) Procedures shall be established to repay the City the tuition fees upon separation from City service within twelve (12) months of completion of the course. D. Seminars/Workshops Training Programs 1) As fiscal conditions permit, the City supports Sergeants\' attendance in seminars and workshop training programs as a part of their regular duties with the approval of the Police Chief. 2) The City shall pay all fees for such programs and the Sergeant shall be provided transportation under the administrative regulation established by Personnel Rule 4, Section 2. 3) If a Sergeant separates from City service within twelve (12) months of completion of the workshop or seminar, the Sergeant may be required to reimburse the City for the costs of those workshops or seminars that are primarily designed to enhance s Sergeant\'s career. A Sergeant normally will not be required to reimburse the City for workshops or seminars that they are directed to attend. E. Tuition Reimbursement 1) The City will assist regular Sergeants in their pursuit of additional formal education from an institution in areas related to a City career field. A City policy and procedure shall be established by which tuition reimbursement will be administered and which will reimburse Sergeants. 2) Any Sergeant who has successfully completed at least six (6) months of the initial probationary period and is eligible for vacation benefits is eligible for consideration of tuition reimbursements. 3) The reimbursement allowed per tax calendar year for a regular full time employee is a total of $5,000.00. The reimbursement allowed per tax calendar year for a regular part time employee is a total of $3,200.00. The date of reimbursement will determine the tax year to which the cost will be allocated.    If the employee completes courses which exceed the maximum allowable reimbursement the employee shall be responsible for payment of the balance. Section 5 - 8: Out-Of-State Vacation Recall When a Sergeant is temporarily recalled to duty from out-of-state while on an authorized vacation by order of the Police Chief, he shall be reimbursed for necessary and provable transportation expenses as determined by the Police Chief. Section 5 - 9: Uniform, Clothing, and Equipment A. The Sergeant will continue to receive uniforms and a $200 allowance paid the 1st pay period of the fiscal year and equipment through the Chandler Police Department Quartermaster system, as outlined in General Orders. 1) The Department shall replace those items as they, in the judgment of the Department, become unserviceable to wear or damaged in the course and scope of official duties through the Quartermaster. B. A Sergeant, who is required to wear civilian attire during the performance of his/her duties, will receive a fiscal year uniform allowance of one thousand three hundred dollars ($1,300) in accordance with Chandler Police Department General Orders. This payment will be made through the payroll system on a pro-rated bi-weekly basis. ARTICLE 6: MISCELLANEOUS Section 6 - 1: Saving Clause A. If any Article or Section of this Memorandum should be held invalid by operation of law or by final judgment of any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby; and upon issuance of such final decree, the parties, upon request of either of them, shall meet and confer and endeavor to agree on a substitution provision or that such a substitute provision is not included. B. It is recognized by the parties that this Memorandum shall be administered in compliance with appropriate provisions of the Fair Labor Standards Act as may be amended; consistent with the provisions of this Memorandum and current overtime policies of the City of Chandler.    Section 6 - 2: Copies of Memorandum Within sixty (60) days of the date that this Memorandum is adopted by the City Council, the Association, will arrange for printing of jointly approved copies of it for furnishing one to every Sergeant, supervisor and to management personnel. The cost of such duplication and distribution will be paid for equally by the Association and the City. Section 6 - 3: Seniority A. The City shall provide the Association with a list of Sergeants showing each Sergeant\'s City employment date and badge number. B. Seniority shall be by badge number. C. Seniority shall be used as a factor consistent with established Merit System rules and current practice in choice of work assignments, vacation schedules and in the determination of layoffs. D. At the conclusion of the annual shift pick an eligibility list will be created for each patrol team, which will take effect at shift change each year. When a vacancy occurs on a patrol team, the eligibility list will be consulted and the vacancy will be filled from the list. This option is available by seniority and is limited to two (2) potential total movements. There is no maximum number of eligibility lists a Sergeant may be on; a Sergeant may add or remove their name from a list at any time. A Sergeant who chooses to use this option to select a new team, will count as a move for the year. A Sergeant may only use the wish list option once during a shift cycle with no movement occurring after September 30. E. If a Sergeant requests a hardship transfer, and it is approved by the Chief of Police, the hardship transfer shall take precedence over any requests submitted by Sergeants to be placed in the available vacancy according to seniority. Section 6 - 4: Limited Duty Status A Sergeant, who is injured on the job, may be assigned limited duty status by the employer. Such assignment may be made without regard to the Sergeant\'s normal assignment and shall be made within the Police Department.    Section 6 - 5: Changes in Departmental General Orders Pursuant to this Memorandum A. Within (90) days from the date this Memorandum is adopted by the City Council, the Department shall print copies of those Department General Orders and Operations Orders reflecting changes pursuant to this Memorandum. Copies of such changes shall be available to each Sergeant on or about August 1 of each Memorandum year or as soon thereafter as possible. Prior to the printing of the described changes, the Police Chief or his/her representative shall review such changes with a representative of the Association to insure that such changes are consistent with the specific express terms of the Memorandum. B. During the preparation of changes to the Department\'s General Orders, drafts of the proposed changes will be staffed out to the Association. Section 6 - 6: Term and Effect of Memorandum A. The Memorandum shall remain in full force and effect July 1, 2020 through June 30, 2022 unless a specific provision of the MOU provides otherwise and thereafter shall continue in effect year-by-year unless one (1) of the parties notifies the other in writing no later than September 1, 2021 of its request(s) to modify or terminate it. B. Except as expressly provided in this Memorandum, the City shall not be required to meet and confer concerning any matter, whether covered or not covered herein, during the term or extensions thereof. C. The lawful provisions of this Memorandum are binding upon the parties for the term thereof. The Association having had an opportunity to raise all matters in connection with the meet and confer proceedings resulting in this Memorandum is precluded from initiating any further meeting and conferring for the term thereof relative to matters under the control of the City Council or the City Manager. D. This Memorandum constitutes the total and entire agreement between the parties and no verbal statement shall supersede any of its provisions. E. The City\'s rules and regulations, administrative directives, departmental rules and regulations, and work place practices shall govern employee relations unless there is a specific conflict with a memorandum of understanding approved by the City Council pursuant to the Meet and Confer Ordinance. Where a specific conflict exists, the Memorandum of Understanding shall govern.    F. A memorandum of understanding cannot contradict the Meet and Confer Ordinance. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names this day of , 2020. City of Chandler Association Representative By:   By:  Mayor Tom Lovejoy Attest: City Clerk Approved to form: (SEAL) City Attorney )egoC, ATTEST:     "'