71
Agenda Item# tO FileNo i~-?0 Mammoth Lakes Town Council Agenda Action Sheet Council Meeting Date: July 20, 2016 Date Prepared: July 14, 2016 Prepared by: Daniel C. Holler, Town Manager Title: Ratification of Memorandum of Understanding between the Mammoth Lakes Police Officer Association and the Town of Mammoth Lakes for Fiscal Year 2016-17 Fiscal Year 2018-19 Agenda: Consent Recommendation: It is recommended that Council ratify a three year Memorandum of Understanding (MOU) between the Mammoth Lakes Police Officer Association (MLPOA) and the Town of Mammoth Lakes, authorizing the Town Manager and MLPOA representative to correct any typographical, numbering or other non-substantive edits and authorize the MOU to be signed by the Town Manager. Back2round Information: The Town and representatives of the Mammoth Lakes Police Officer Association has entered into good faith negotiations wages, salaries, and other term and conditions of employment as required under state law. On July 6, 2016 the Town Council accepted the tentative agreement, with the final MOU to come back to Council for formal ratification by the Town. Through the meet and confer process the two negotiating parties have reached a mutually recommended MOU. The MOU has been ratified by the MLPOA. The MOU is subject to minor typographical, numbering or other non-substantive edits as part of the fmal document review. The MOU meets key interests of the Town and the MLPOA. A substantial clean up of the existing agreement was desired by both parties resulting in a simplified MOU. Shared interests included looking at options related to recruitment and retention of quality employees, re-allocation of current expenditures and meeting some longer-term goals of MLPOA. The fmancial elements needed to be cost neutral and/or tied to the fmancial success of the Town and to not add unfunded ongoing cost elements. The proposed MOU achieves these goals. The three year agreement “re-slices the economic pie” to address the interests of both parties going forward. Some one-time funding based on the based TOT is provided as a means to share with employees the economic success of the Town. The initial draft of the MOU is being complete by the MLPOA labor representative and a copy will be provided to Council and posted as soon as it is available. Reviewed by:

Agenda Action Sheet Mammoth Lakes Town Council

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Agenda Item# tO

FileNo i~-?0

Mammoth Lakes Town CouncilAgenda Action Sheet

Council Meeting Date: July 20, 2016 Date Prepared: July 14, 2016

Prepared by: Daniel C. Holler, Town Manager

Title: Ratification of Memorandum of Understanding between the Mammoth Lakes Police OfficerAssociation and the Town of Mammoth Lakes for Fiscal Year 2016-17 — Fiscal Year 2018-19

Agenda: Consent

Recommendation: It is recommended that Council ratify a three year Memorandum ofUnderstanding (MOU) between the Mammoth Lakes Police Officer Association (MLPOA) and theTown of Mammoth Lakes, authorizing the Town Manager and MLPOA representative to correctany typographical, numbering or other non-substantive edits and authorize the MOU to be signed bythe Town Manager.

Back2round Information: The Town and representatives of the Mammoth Lakes Police OfficerAssociation has entered into good faith negotiations wages, salaries, and other term and conditionsof employment as required under state law. On July 6, 2016 the Town Council accepted thetentative agreement, with the final MOU to come back to Council for formal ratification by theTown. Through the meet and confer process the two negotiating parties have reached a mutuallyrecommended MOU. The MOU has been ratified by the MLPOA. The MOU is subject to minortypographical, numbering or other non-substantive edits as part of the fmal document review. TheMOU meets key interests of the Town and the MLPOA. A substantial clean up of the existingagreement was desired by both parties resulting in a simplified MOU. Shared interests includedlooking at options related to recruitment and retention of quality employees, re-allocation of currentexpenditures and meeting some longer-term goals of MLPOA. The fmancial elements needed to becost neutral and/or tied to the fmancial success of the Town and to not add unfunded ongoing costelements.

The proposed MOU achieves these goals. The three year agreement “re-slices the economic pie” toaddress the interests of both parties going forward. Some one-time funding based on the based TOTis provided as a means to share with employees the economic success of the Town. The initial draftof the MOU is being complete by the MLPOA labor representative and a copy will be provided toCouncil and posted as soon as it is available.

Reviewed by:

_____ Town Manager Finance

TOWN COUNCIL STAFF REPORT

Subject: Mammoth Lakes Police Officers Association Memorandum of Understanding

Meeting Date: July 20, 2016

RE: Update for Agenda Item #10

Prepared By: Daniel C. Holler, Town Manager

BackgroundThe Town Council has accepted the tentative agreements between the Town and the Mammoth LakesPolice Association (MLPOA). The meet and confer process includes a review of all of the sections of aMemorandum of Understanding (MOU) with changes to various articles as agreed to by the parties to beincorporated into a new agreement along with unchanged articles. The MLPOA MOU with the Townincludes some type of change to each Article but not every section with the Article. A number of Articleswere eliminated and new Articles added. A number of the changes were for clean-up and improved clarityas the MOU had not been updated for several years.

The Town’s negotiating team and representatives of the MLPOA reached tentative agreements on thechanges to, elimination or or addition of Articles that will make up the MOU between the Town and theMLPOA. The approved Tentative Agreements (TAs) are attached. The Table of Contents follows thelayout of the current MOU and will be revised with the final MOU based on the elimination of articlesand the placement of similar articles in sequence. The list includes articles to be eliminated noted with a“strike through” and new articles are noted as “New”. The Preamble is provided as the introduction to theMOU with the authorized signatures.

RecommendationTown and MLPOA representatives have not completed the integration of each TA into a final MOU. As anumber of the TAs have an effective date of the first full pay period of July 2016 for the financialprovisions Staff is recommending a modified motion. The proposed action will allow the changes to beimplemented with no additional administrative impacts.

It is recommended that Council ratify a three year Memorandum of Understanding (MOU) between theMammoth Lakes Police Officer Association (MLPOA) and the Town of Mammoth Lakes (July 1, 2016through June 30, 2019, consisting of the presented Tentative Agreements, authorizing the Town andMLPOA representatives to correct any typographical, numbering or other non-substantive edits inpreparing the formal MOU document and authorize the MOU to be signed by the Town Manager, withthe final MOU to be placed on a future agenda as a receive and file item for formal receipt by the TownCouncil.

A’CALIFORNIA

Memorandum of Understanding BetweenThe Town of Mammoth Lakes andMamm.th Lakes Polica OfficersEmployee AssociationJuly 1,2016 through June 30, 2019

PREAM LEThis Memorandum, of Understanding is entered into pursuant to the Meyers-Milias-Brown Act(Government Code Section 3500 et seq.). The parties to this Memorandum of Understanding are theTown of Mammoth Lakes, State of California, which hereinafter shall be referred to as “Town” and theMammoth Lakes Police Officers Employees Association, which hereinafter shall be referred to as“Association.” The parties have met and conferred in good faith regarding wages, hours, and otherterms and conditions of employment of the employees represented by the Association and have freelyexchanged information, opinions, and proposals and have endeavored to reach agreement on allmatters relating to the employment, conditions, and employee relations of such employees.

This Memorandum of Understanding has been presented to the Mammoth Lakes Town Council as thejoint recommendation of the undersigned for salary, fringe benefits, and other working conditions forthe period July 1, 2016, to June 30, 2019, and was ratified by the Town Council on July 20, 2016 and theterms and conditions hereof are in full force and effect at such date as herein prescribed.

Town of Mammoth Lakes Peace Officers Employees Association

Daniel C. Holler Ruben RamosTown Manager President

Date: Date: ________

Jamie GrayTown Clerk

Mammoth Lakes Peace Officers Employee AssociationTerm July 1, 2016 —June 30, 2019

A’CALIFORNIA

Table of Contents

Article Subject Page #

Article 1 Agreement 1Article 2 Recognition 66Article 3 Definitions 2Article 4 Non-Discrimination 4Article 5 Association Rights 5Article 6 Town Rights 6Article 7 Negotiation Procedure 7Article 8 Grievance and Disciplinary Procedures 8

(No change to Disciplinary Procedures)Article 9 Comprehensive, Sick and Other Leave 10Article 10 Worker’s Compensation 13Article 11 Health Insurance Benefits 15Article 12 Deferred Compensation 17Article 13 Retirement 18Side Letter Article 13 — Retirement 20Article 14 State Disability Insurance 21Article 14 (New) ICMA VantgeCare 22Article 15 Long Term Disability Insurance 23Article 16 Wellness Program 24Article 17 Medicare 25Article 18 Payroll Deductions 26Article 19 Life Insurance 27Article 20 Work Schedule 20Article 21 Overtime 29Article 22 Salaries and Wages 32Article 23 (new) Longevity Pay 34Article 23-24 Paid Municipal Holidays 35Article 24 Holiday Overtime 36Article 25 “Call-In” and “On-Call” Compensation 37Article 26 Education Reimbursement 39Article 26 (new) Rapid Response 41Article 27 Anniversary Awards 43Article 28 Equipment 45Article 29 Emergency SuspensioB 48Article 29 (New) Sergeant Qualifications 49Article 30 Layoffs 50Article 31 Safety 31Article 32 Court Duty 52Article 33 Duty Weapon Ownership 33Article 34 Special Assignment Pay 56Article 35 Additional Salary Components 57

Mammoth Lakes Peace Officers Employee AssociationTerm July 1, 2016 —June 30, 2019

aCALIFORNIA

Article 36 Proficient Officer Pay 59Article 36 (New) Police Recruit 61Article 37 Additional Retirement Benefit 62Article 38 Effects of Agreement 63Article 39 Severability 64Article 40 Duration 65

Mammoth Lakes Peace Officers Employee AssociationTerm July 1, 2016 —June 30, 2019

‘ • }...~) ,‘~1 ~

--7 /

Town of Mammoth Lakes 7~And the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations ~

POA — Proposal 1Offered: March 30. 2016Subject: Article 1. Agreement

Association interest:The Association is interested in updating and clarifying the language contained in thememorandum ofunderstanding (MOU).

Proposal:The Association proposes to update the existing language and update the name of the MammothLakes Police Officers’ Association (POA)

Memorandum of Understanding Langnage:The Association proposes modiijing the below language as follows:

Article!. Agreement

~ or “Agreement”) is entered into by~and be~reen

~kes Police Oflç~s’ As~sociation

~

For th wn ofM oth Lakes For the Mammoth Lakes POA

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 3aOffered: June 29, 2016Subject: Article 3. Definitions

Association Interest:The Association is interested in updating and clarifying the language contained in thememorandum of understanding (MOU).

Proposal:The Association proposes adding definitions of “base rate of pay” and “regular rate of pay”.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 3. Definitions

3.1 “Employee” shall mean an employee in the bargaining united represented by theA~ociationi-~U-nit member” or “member” refers to any employee who is ineluded in—theappropriate unit as defined in Exhibit A and therefore covered by the terms an4provisions of the Agreement~

3.2 “Day” means a day when the Town Office is open for business.

3.3 “Town Manager” means the chief executive officer of the Town or his/her-designee.

3.4 “Grievance” shall mean an alleged violation, misapplication, or misinterpretation of aprovision of the-this Agreement-which affects the grievance.

3.5 “Base rate of pay” shall mean the employee’s hourly rate of pay~

3.6 “Regular rate of pay” shall include: the employee’s hourly rate of pay, holiday ~POST incentives, longevity pay, and special assignment pays.

3.7 “~cj~ssific~iiofl seniority” shall he used for the puipose of determining vacation sign-

seniority shall be defined~_~ç employee’s time in class plus higher ciassification.ffie total-length- of~ full-time~~inueus—paid employmen~ within—the unit member’s present c’~,iiicauen ~ artle

~cp~tme~-~5 “Personnel Director” and/or “Personnel Officer” means the Town Manager or his/herdesignee.

For the Mammoth Lakes POA

Michael W. Jarvis

S

Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association (POA)

2016 Contract Negotiations

TOML — Counterproposal on Article 4Offered: April 28, 2016Subject: Article 4. Non-Discrimination

TOML Interest:

The Town wishes to update and clarify the POA’s proposed language.

Memorandum of Understanding Language:The Town proposes modifying the POA’s proposed language as follows:

Article 4. Non-Discrimination

There shall be no discrimination based on an employee’s race, religious creed, color, national origin,ancestry, sex, age, medical condition, sexual orientation, marital status, gender identity, genderexpression, genetic characteristics or information, military or veteran’s status and/or any other categoryprotected by federal and/or state law. In addition, Town policy prohibits retaliation because of theemployee’s opposition to a practice the employee reasonably believes to constitute employmentdiscrimination or harassment or because of the employee’s participation in an employmentinvestigation, proceeding, hearing or legitimate employee organization activities. Employees whobelieve they have been harassed, discriminated against, or retaliated against, should report that conductto the Town, and the Town will investigate those complaints.”

~ F

‘V

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 5aOffered: June 8, 2016Subject: Article 5. Association Rights

Association Interest:The Association is interested in increasing the amount of time the association has to conduct business andtraining of its members. In addition, the association wants to clarify when employees will be releasedfrom duty to meet with representatives of the Town without loss of compensation. The associationbelieves it is important to allow management and the employees to have open communication on issueswithin the scope of bargaining to allow the opportunity to resolve issues at the lowest level, this will alsocreate a cost savings to the Town.

Proposal:The Association proposes increase release time from forty (40) hours annually to (100) hours annually.The association also proposes adding the time spent in the processing of grievances and attending labormanagement meetings as time allowable under the meet and confer time.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 5. Association Rights

5.1 The Association shall have ~o—~J~right to post notices of activities and matters of Associationconcern on bulletin boards located at Town Facilities.

5.2 The Association shall receive One hundred (100) hours of association release time annually. TheThwn Manager may amheri~e up te fert~.’ (‘10) hours annually, net to exeeed five (5) days-per~rea~-for the Association President and/or hi-s/her designee~) to conduct Association business orattend state or national conferences—sponsored by empleyee asseeiations, e.’elusive. of aetivities

5.3 ~blie—ageneiesThe~0~1.j shall allow a reasonable number of p~b14~—ageneyemploveeAssoci~joj~ representatives of-recognized employee organi~atipn~ reasen-ab4e—time offwithout loss of compensation or other benefits when processing grievances, attendinu laborili1aeLueI~tmeetings or formally meeting and conferring with representatives of the p++bl4eageneyTown on matters within the scope of representation.

k uent modificatienag-rees-—to~ print. duplicate, --and provide- &pic.s cf-the

~ of the-unit~

For the Mammoth Lakes POA

;~%~ .;~_____~

Michael W~Jarvis

‘Mammoth Lakes

5-

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 6aOffered: May 11,2016Subject: Article 6. Town Rights

Association Interest:The Association is interested in providing both parties clarity and understanding of rights and powers byremoving items from the memorandum of understanding that are subjects protected by the Meyers-MiliasBrowns Act.

Proposal:The Association proposes to remove items that are required mandatory subjects of bargaining from theTown’s management rights clause.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 6. Town Rights

It is understood and agreed that the Town Council retains all of its powers and authority to direct,manage, and control the operation of the Town to the full extent of the law. The exercise of the foregoingpowers, rights, authority, duties, and responsibilities by the Town, the adoption of ordinances, policies,rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion inconnection therewith, shall be limited only by the specific and express terms of the Agreement, and thenonly to the extent such specific and express terms are in conformance with law.

Included in the Town duties and powers are the exclusive rights to: determine its organization; direct thework of its employees; determine the times and hours of operation; determine the kinds and levels ofservices to be provided, and the methods and means of providing them; establish its departmentalpolicies, goals and objectives; insure the rights and privileges of citizens; determine staffing patterns;determine the number and kind of personnel required; maintain the efficiency of Town operations; build,move or modify facilities; establish budget procedure and determine budgetary allocation; determine themethods of raising revenue; enter into contracts for supplies and services; and take appropriate action inthe event of an emergency. In addition, the Town retains the right to hire, classify, assign, transfer,evaluate, promote, demote, suspend, and terminate employees. These rights will be in conformance withthe provisions of state and federal laws.

Notwithstanding the forgoing. the parties a~ee to meet and confer as req uirecl under the Meyers-MiliasBrown Act.

F i’-t wn of ‘~iIai~es For the Mammoth Lakes POA

I. _____ ______

Patrick Clar Michael W. Jar~

Town of Mammoth LakesAnd the

Mainnioth Lakes Police Officers’ Association (P()A)2016 Contract Negotiations

POA Proposal 7aOffejed: Nh~v I I. 2016Subject: Article 7. Negotiation Procedure

:~SSOCj;lt IOfl I I) (crest:I he AssociaL ion and the Jown share the mutual interest in rcmo~ ing Article 7 NegotiationProcedure liom the memorancftjm ol’ understand lag.

Proposal:~ Association and the Town propose remove unnecessary language li0m the memorandum ofUnderstanding.

M ernorandurn of’ Understanding Language:The Association proposes removing the foflo~~ing language:

~utjlj~~thc scrvjcg~ of out~ide cofi~ts~

7-.2the

~ that~meei all be held within ten (‘0) ~:7~’l The~ _____

~ necessa~y-te~0ThWf~thaJ3Fe4e4he_A~gcjgtjQn one copy

s~ehetheI~e~y~d ctate financial repoils as the-Assoeiao~~~

For the own of Mammoth Lakes For the Mammoth Lakes POi\

Patrick (lark Michael W~. Jarvis

7

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 8aOffered: June 29, 2016Subject: Article 8. Grievance Procedures

Association Interest:The Association is interested in a grievance procedure that is fair, impartial, expedient, andbinding. The current grievance process has unrealistic timelines, provides the town bias andensures major disputes proceed to superior court at a great cost to the Association and the Town.

Proposal:The Association proposes add a grievance procedure to the memorandum of understanding thatis specific to the MLPOA and with advisory arbitration for disputes.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 8. Grievance Procedure and:Dis~ipIinary P~’oee4ui’es

~~ perscnne1-tern~ru.les~

to~~revi~e..~ disc ip linary and -gric vanee procedures j~ theTewn’~ Personnel System Rules, the Town will meet and consult with the Asseeiatie+i

ue process~proceedings as set fort-h.in~eimeCgde-~eci.j~ 3300.~8.1 Purpose1h~pe~fshi~procedure is to p~rovide for an orderly process for reviewing a~d resglvingernplovee_g~jcvances at the lowest possible administrative level in the shortest possible time.

8.2 Definition of Grievance‘g~~:A~g~vancejs a pomplaint oj oneora group of employees or ~, dispute between the

Town and the MLpOA involving the ~ntei~etation, ~pplication. or enforcement of the ~p~essterms of this memorandum of understanding or any applicable rules or regulations.

8.3 Formal Grievance Procedure

Level II~iev~tsl~llsubnujt a written grievance to the Chief of Police withinfLfteen Cl5) days fromthe event giving rise to the grievance or from the date the employee could reasonably have~of such event. The Chi’ef of ~o1ice, shall investigate the

grievance, which may include a meeting with the concerned parties and give a written answthe grievant within fifteen (15) days of the r~ceipt of the grievance.

Level III~ihc_g~~ev~t is not satisfied with the written answer from the Chief of Police. thegrievant may.within fifteen (15) days of such answer, file a written appeal to the Town Manager. The TownM~na~er sh~il investigate the grievance, which may include a meetingwith the conceri partjesand thereafter give a written answer to the~grievant within fifteen (35) days of the receipt of the~yritteiL~ppca1. The Town Managers decision shall be final and binding unless appealed. The~may affirm, modify, reverse, or otherwise resolve the decision 4ppealed.

Level IiiIf the Association is not satisfied by the decision made by the Town Manager, the Association

un fifteen (15) days of the receipt of the response from the Town Manager request ahearing before an arbitrator. The parties shall select an arbitrator within fifteen (15) days ~the request for a hear~g~

The arbitrator shall conduct a hearing and shall either issue an oral bench decision, or shallwithin thirt (30) days of conclusion of the hearing, render a written decision and/or order. Anydecision and/or order of the arbitrator shall be adviso~.

8.4 Automatic AdvancesIf, at any step in the informal or formal grievance procedure, it is determined that the designatedperson who is to respond to the grievance does not have the authority to resolve the i~~g~automatically advances to the next line of authority ~ dçsignated i~ tj~egrievance procedure who does have the authority to respond.

8.5 Costs of Grievance ArbitrationThe Association and the Town shall share the cost of the arbitration, including the arbitrator’sfee, equally.

8.6 Time LimitsTime limits are considered an integral and important patt of the grievance procedure and may notbe waived except by mutual written consent of the parties. In the event that a ~evant fails to~gry.their~iey~nce f rward within a prescribed time period, the grievance ~h~1J b~ c~nsideredwithdrawn. If the Town fails to respond with an answer to a grievant within a given time period.the grievance shall be deemed settled in favor of the employee.

For own of M oth Lakes For the Mammoth Lakes POA

Patrick Clark ‘ Michael W. Jarvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 9aOffered: June 8, 2016Subject: Article 9. Comprehensive and Other Leave

Joint -Proposal:The Association and Town agree to create a Van(age(are Account and transfer unusedcQmprehensive leave balances into the Vantage Care Account annually, thus reducint~ the Townsunfunded obligations. In addition to restoring a sick leave account with no cash value thatemployees can convert to service credit with CaIPERS upon retirement.

Memorandum of Understanding Language:~agree to replace Article 9 with the belewfollowing language-as follows:

Article 9. Comprehensive and Other Leave

9.1 mprehensjve Leave:Comprehensive leave replaces vacation leave, personal leave, and bereavement leave.

9.2 Scheduling/Notifi~~~j0flThe scheduling of comprehensive leave for vacation and personal leave purposes and theamount to be taken at any one time shall be approved by the Chiefof Police or designee.

If an employee finds it necessary to take comprehensive leave which has not beenscheduled in advance, bereavement, emergencies, etc., it is the responsibility of theemployee to contact their supervisor within one hour of the beginning of their work day toinform the supervisor of their absence.

9.3 Comprehensjve Leave at TerminationUpon termination the employee shall receive payment for all accrued comprehensive leaveat the employee’s current rate of pay.

9.4 effect ofExtended Military LeaveState and Federal Law require an employer to grant an employee leave for specifiedmilitary service. The Town will abide by both spirit and intent of the law.

An employee who is on military leave may, at the employee’s request, use comprehensiveleave at the time the military leave becomes effective, or at any time during the course ofthe extended leave.

9.5 C~mprehenslye Leave Payouts

All employees who have comprehensive leave balances in in excess of four hundred (400)hours annually on July 1, shall have those hours in excess of four hundred (400) hoursconverted to cash and deposited into the employee’s ICMA VantageCare account.

Employees may request a pay-out of up to eighty (80) hours of comprehensive leaveannually on December 1. All such requests will be processed and pay-outs made inaccordance with a schedule established by the Finance Director. Employees will beprovided ample advance notification of the schedule. Employees requesting a pay-out mustretain an accrued comprehensive leave balance of not less than two hundred (200) hours.Pay-outs will be made at the employee’s current regular rate of pay.

9.6 Comprehensive Leave AccrualsEmployees shall accrue comprehensive leave based upon their length of continuousservice, according to the following schedule:

(a) 0-1 years ofservice 7 hours a month(b) 1-2 years ofservice 10 hours a month(c) 2-3 years ofservice 12 hours a month(d) 3+ years of service 15 hours a month

9.7 Sick LeaveEmployees shall accrue eight (8) hours a month of sick leave. There shall be no limit to theamount of hours an employee can accrue. Sick leave shall have no cash value and may notbe converted to comprehensive leave.

9.8 Maternity LeaveThe California Government Code provides a number of employee benefits for pregnancy,childbirth, and related conditions. The Town will abide by both the spirit and intent of thelaw. The Town will provide up to date and current information on the benefits providedand make all such information available upon request. Such information will be availablefrom the Town Manger.

9.9 family and Medical LeaveState and Federal Law requires employers to grant family and medical leave underspecified circumstances. The Town will abide by both the spirit and intent of the law. TheTown will provide up to date and current information on the benefits provided and makeall such infonnation available upon request. Such information will be available from theTown Manager.

9.10 JurvDj~yEmployees shall receive full compensation for serving on jury duty, provided that jurorpay (not including mileage) received by the employee is paid to the Town.

9.11 Leave Without PayThe ChiefofPolice may approve an employee’s request for up to forty (40) hours of leavewithout pay per calendar year. Leave without pay may be granted only after all leave has

1/

been exhausted. All benefits, including leave accrual, health insurance, and retirement,shall be reduced proportionally to the reduction in work hours.

9.12 Unpaid Leave of AbsenceTown Manager may approve an employee’s request for up to six (6) months unpaid leavethat will guarantee that the employee shall retain permanent status upon return. Requestsfor a leave of absence will be made in writing to the Town Manager and shall contain allrelevant facts and circumstances in support of the request. All benefits including lcaveaccrual, health benefit stipend, and retirement shall be terminated for the duration of theleave of absence. All accrued leave balances must be exhausted before the employee maygo onto unpaid leave of absence.

For the Mammoth Lakes POA

-4,,

Michael W.’jarvis

‘7-

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal lOaOffered: June 29, 2016Subject: Article 10. Worker’s Compensation

Association Interest:The Association is interested in improving the readability of the contract, having language that isspecific to law enforcement, and allows the employees to understand the progression of theirbenefits while subject to a worker’s compensation injury.

Proposal:The Association proposes to condense the existing memorandum of understanding articles intoone article and specify 4850 language.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 10. Worker’s Compensation

Industrial aceide~it leave shall be granted as required by California Labor Code Seetien4g~

Whenever a~ unit embefe~pjoyee is absent due to the filing of a worker’s compensation claim

the unit mernhercrnpj~yeeshall receive full compensation, less any Worker’s Compensation insurance benefits received~during the first fifteen (15) working days of such absence without deduction from accruedcomprehensive leave.

If the worker’s corn ensation claim is acce ted the em lo ‘ee shall receive 100% of their irossp~p~:e~b~is ~or a period of up to hf1y~.vo (52) week pursuant to California ~horCode Section 4850.

Oleis exhausted, and the employee is still ,unable to return tQ duty, th.~ employee~4yj~sc~crucd leaves to ~‘pp1einent ti temporary disability benefits received irom th~Town’s workers cpm~ensation carrier up to the employees full gross pay. If accrued leave isexhausted, than the e~~p1oyee will be compensated at the ~tatutory r~e.

a ~~n~ ua••1 t~th d i~f.•~fc..r ... . ~h mo ~~and the mount of his/her regu-lafcompensation until the. member returns to work or comprehensive leave is exhausted. Id

/21/‘1/!

For the Mammoth Lakes POA

-~--

Michael W~ Jarvis

1~7’

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal libOffered: June 8, 2016Subject: Article 11. Health Insurance Benefits

Joint-Proposal:The Association proposes change “member “ or “unit member” to “employee”, as well asremoving unnecessary or confusing language, and clarifying that an employee who opts getsmedical in lieu placed into their VantageCare Account.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 11. Health Insurance Benefits

11.1 Unit membersErn.ployees and their dependents shall be eligible for coverage under theTown’s health plan, subject to the plan’s term and conditions.

11.2 The Town will contract with Ca1PERS for the POR”~C health insurance plan for theperiod of the Agreement. The town will also maintain a flexible benefit program.

11.3 The Itown shall contribute the PEMCHA minimum amount required by State1awCaIPERS per month per unit rnemberemployee as the “employer contribution” to thecost of the premium for the health program should the unit mernberemployee elect toparticipate in the plan.

11.4 For the period of this MOU, tlhe Town will provide a monthly contribution to each unitmemberemployee in an amount equal to the cost of coverage under the PORAC healthinsurance plan based upon the unit mernhef’sernployee’s dependent status definitionunder the PERS health benefit program as “employee”, “employee + 1”, or “employee+2” for the employee’s flexible spending (cafeteria) account. This amount is inclusive ofthe “employer contribution” for the Ca1PERS Health health Progr-am--prograrn premium.

11.5 Unit member may elect to receive cash in lieu of all or a portion of the Te~~’scontribution to the employee’s flexible benefit (cafeteria) account (with the exception ofthe. employer contribution for employee health insurance premiums provided to unitmembers electing to participate in the Ca1PERS PORAC Health Progran). Paymentsfrom the Town that the unit member receives in lieu of the contribution to the flexiblespending (cafeteria) account shall not be considered an increase in base compensation forpurposes of retirement calculations, and shall be taxable pursuant to IRS regulations.Additionally, payments from the Town that the unit member receives in lieu of the

contribution te the flexible spending (cafeteria) aeeeunt shall net be considered a health-nsurance benefit

11.5 Medical-In-Lieu - Employees who do not elect to take the Town’s health insurance mustprovide proof of health coverage (other than Covered California). Employees who opt outof Town provided health insurance shall receive $400 in-lieu which shall be depositedinto their ICMA VantageCare account.

11.66 F-er--the period of this MOU, tThe Town shall reimburse members employees forprofessional services and prescription products and/or frames for dental care and visioncorrection received up to a total of $ l5000G~ for members employees and $6~00 for eachdependent (as defined by PERS Heath) per fiscal year, which total may be combined forthe use of either the member or any of his/hertheir dependents. If two employees aremarried their dependent children may only be covered by one parent. Up to 80% of theunused portion of the total benefit, (not to exceed $2000 per year for urd4membersernployees with less than one year of service with the Town) may be “rolledover” from one fiscal year to the next, for a total of not more than three fiscal years. Forpurposes of i ~nri4”n.Jdentifving the unused portion, receipts for the previous yearmust be submitted within 60 days of the beginning of the fiscal year. Requests submittedafter 60 days after the close of the year will be paid out of the current fiscal year’s benefitamount.

The current fiscal year benefit amount will be used to pay all reimbursement requests.Once the current fiscal year benefit amount is exhausted, rollover benefit amounts fromprevious years will be used to fund the reimbursement requests. “Rollover Year 1”(defined as the year before the current fiscal year) benefit will be accessed first forreimbursement requests. “Then, Rollover Year 2”, (defined as the fiscal year beforeRollover Year 1) benefit amount will be accessed for reimbursement requests. Finally, ifcurrent fiscal year and Rollover Years 1 and 2 benefits have been exhausted, “RolloverYear 3” will be accessed for reimbursement requests. Any amount remaining in“Rollover Year 3” 60 days after the close of a fiscal year will no longer be available tofund reimbursement requests.

Dental and vision expenses, as defined above, which are incurred in a prior fiscal year,may be reimbursed from the benefit allowance in a current fiscal year, so long as the totalfamily benefit reimbursement allowance is not exceeded.

For T~P~ moth Lakes For the Mammoth Lakes POA

Patrick Clark Michael W. Jarvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 12Offered: March 30, 2016Subject: Article 12. Deferred Compensation

Association Interest:The Association is interested in removing obsolete language from the memorandum ofunderstanding (MOU), the Town’s match was canceled during concessionary bargaining.

Proposal:The Association proposes to remove the language that no longer applies from the MOU.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 12. Deferred Compensation

The tlown shall maintain a Defeffed Compensation Plan (JRC 457 Plan) in good standing atid

0~~9o9 erbp~e.rate pfpy~Fo p *ffi~-~~-equa1 to three

~

For the Mammoth Lakes POA

Michael IW.Ja is

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 13aOffered: June 29, 2016Subject: Article 13. Retirement

Association Interest:The Association is interested updating the memorandum of understanding to reflect the changesin the Public Employee’s Pension Reform Act (PEPRA) in addition to illustrating the pensionbenefits received by its members. The Association also believes that the employees should beginpaying their twelve percent (12%) employee contribution as part of this agreement.

Proposal:The Association proposes specify the two retirement tiers offered by the town, update theemployee’s contribution rate as previously bargained, and increase the classic member’scontribution rate to twelve percent (12%).

Memorandum of Understanding Language:The Association proposes modif~’ing the below language as follows:

Article 13. Retirement ContributionThe Town will continue its participation in the California Public Employees’ Retirement System(CaIPE

Retirement Tier I — Police Safety Members hired before to January 1, 2013, or Classic Membersas defined by CaIPERS, shall receive the 3% @ 50 retirement foimula, highest thirty-six (~)month average final compensation period, the Forth Level of the 1959 Survivor’s Ben~fl~Unused Sick Leave Option, and a two percent (2.0%) retirement Cost of Living Adjustment~QLMJhc~~se Police Safety Members shall pay the entire ~iu.e percent (9%) of tlj.e Ca~lPERScmpiove~..c.o.i~tribution on a pre-tax basis. Eflective the first ~Ill pay penod u~ September20 1]~these Police Safety Members shall pay the entire twelve percent (12%) of the Ca1PERScm~iovee’s contribution on a pre-tax basis.

Th~e1nloye~_contrihutjon shall he increased to~ ~ percent (12%) via a CaIPERS contractamendment. If the em lo ‘ees fail to rati ‘the contract amendment then the ennlo ‘ees will athe em lovees entire nine ercent 9/0 of the CaIPbRS em lovee s contribution on a re-tax~ndS~eeercent ,(3 A) of the. ~rnployer’ s Ca1PERS contribution on a p~re-tax basis.

Retirement’i~ Police Safety Members, as defined by Ca1PERS, hired-on or after toJanuary 1, 2013, shall receive the 2.7% ~ 57 retirement formula, highest thirty-six (i6) month~the Forth Level of the 1959 Survivor’s Benefit, Unused Sick~percent (2.0 /o) retirement Cost of Living Adjustment ,(COLA). These

Police Safety Members shall pay half of the total normal cost of the retirement plan asdetermined annually by CaIPERS.

P~hc Employees Re~ent St (PERS) 30 at 50 th l~ngot~theva]ue of theemployer paid member contribution (EPMC) to P1~RS as additional compensation. The Tewnshall eemribute nine percent (9%) of the unit member’s applicable eempensatien and survi-vej~beneflts~-as th.e unit me.mber’~ contribution, in addition to the Town’s agency eontributien-~

Add enally, —the town~c contract with PERg providc~ for the following optional benefit forsafety cmployees~

(a) L~vcl 4~Survivg•r Benefit

For the Mammoth Lakes POA

Michael W~ Jarvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)Side LetterArticle 13

1.) Effective the first full pay period following MOU ratification by Association and approval byCity Council, “Classic” employees defined by the Pension Reform Act of 2013 will pay the ninepercent (9%) CaIPERS employee/member contribution and an additional three percent (3%)“cost sharing” pension contribution; total employee/member contribution to be twelvepercent (12%). This cost sharing pension contribution shall be implemented outside of aCa1PERS contract amendment as authorized by Government Code Section 20516(f), and shallextend beyond the expiration of this MOU.

2.) The parties acknowledge that Ca1PERS mandates an election of unit members, separate fromratification of this MOU, to provide for this cost sharing pursuant to Government Code Section20516. As soon as practicable after the effective date of this MOU, the City will initiate thecontract amendment process. Upon approval and agreement from the bargaining unit andcompletion of the City’s amendment to the Ca1PERS contract, employee “cost sharing”contributions will be made pursuant to Government Code Section 20516, Employee CostSharing of Additional Benefits.

3.) This side letter shall expire upon approval and implementation of the Ca1PERS “Cost Share”agreement.

For the Town of Mammoth Lakes or the Mammoth Lakes POA

4/4Patrick Clark C Michael ‘~ Jarvis

~iO

Town of Manunoth Lakes Fr,And theMammoth Lakes Police Officers’ Association (POA)

2016 Contract Negotiations

POA — Proposal 14Offered: March 30, 2016Subject: Article 14. State Disability Jnsurance

Association Interest:The Association receives superior benefits through the Long Term Disability Insurance benefitsreceived though the California Law Enforcement Association (CLEA). being insured by StateDisability Jnsuran~ creates over insurance and is unnecessary. The cost ofthis benefit is expensiveand the cost can be better used to fund other benefits.

Proposal:The Association proposes withdraw from the State Disability Insurance program.

Menioranduni of Understanding Language:The Associaüon proposes removing the following language:

~!ncurgncc. ~~Undcr

For the Mammoth Lakes POA

Michael W. Jariis

Town of Mammoth LakesAnd the

Manunoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 45Offered: June 29, 2016Subject: Article New. ICMA VantageCare

Association Interest:The Association is interested in creating a retiree medical account funded by various sources, theemployees shall fund the account on a per pay period basis. The Accounts shall be available tothe employees upon separation. The Town and the Association shall meet to fmalize the ICMAcontract, which will require joint approval.

Memorandum of Understanding Language:The Association proposes adding the below language as follows:

Article New. Retiree Health Savings AccountThe Town shall contract with ICMA VantageCare to provide a vehicle for retiree medical.Employees shall contribute twenty-five dollars ($25.00) per pay period into their ICMAVantageCare account.

For t T wn of mmoth Lakes For the Mammoth Lakes POA

atrick Clark Michael W. Jarvis

~‘r 1)

I,.,’,

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

PO~~ — Proposal 15Offered: May 4~2016Subject: Article 15, Long I’erm Disability Insurance

Association Interest:The Association has been notified that the current arrangemeni of funding may create a taxabilityissue for its members when receiving the bcnef~t: therefore, the Association feels safer makingthe payments directly out of the employee’s dues.

Proposal:The Association proposes eliminate the employer reimbursement of Long Term DisabilityInsurance,

Memorandun~ of Understanding Language:The Association proposes removing the following language:

~

The~promi um—fot~

at the rate of 75%

For t oi o m th Lakes For the Mammoth Lakes POA

~aric ar 1CdC at

p

Town of Mammoth Lakes P~’ jL4And the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 16Offered: March 30. 2016Subject: Article 16. Weliness Program

Association Interest:The Association does not find value in the weilness program, it is underutilized and the moneycould be better spent on other benefits.

Proposal:The Association proposes eliminate the weilness program.

Memorandum of Understanding Language;The Association proposes removing the below language:

sPouse loitdependentsare ‘P”ibk to particip

~paying-speusai

s’been-submjg~p to-the Tewn~

For wno s For the Mammoth Lakes POA

Michael W. Jarvis

a

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 17aOffered: June 29, 2016Subject: Article 17. Medicare

Association Interest:The Association is interested in restructuring the money the Town spends on it’s employees and

Proposal:The Association proposes to discontinue the employer paying the employee’s Medicarecontributions.

Memorandum of Understanding Language:The Association proposes removing the below article from the memorandum of understanding:

Ai’tiele47. I~dic•a.r~

Thv~ shaThp~4d~ unit members hired after Mareh 31, 1986, with Hospital Insuranee Ta*~IntciaeJ-Reyenu~ ~ervjcc~

For the Mammoth Lakes POA

Michael W. J’~i~visPatrick Clark

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 18aOffered: June 8, 2016Subject: Article 18. Payroll Deductions

Association Interest:The Association is interested in cleaning up the language of the memorandum of understanding.

Proposal:The Association proposes remove this language from the memorandum of understanding.

Memorandum of Understanding Language:The Association proposes amending the following language:

Article 18. Payroll Deductions

with Guch r•iw&~and~rcgu1atign~.. a~ the~dues shall be deducted by the Town from the salary of each~who has filed a written authorization, on the appropriate Town form, thatsuch deduction be made. An U bere~lovee may cancel a dues deduction at any time byfiling a written authorization that such deduction be discontinued.

The Association agrees to indemnify and hold harmless the Town against all claims, includingcosts of suit and reasonable attorney fees andJor other forms of liability arising from theimplementation of the provisions of this article.

For the Mammoth Lakes POA

Michael W. Jarvis

For

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 19aOffered: June 8, 2016Subject: Article 19. Life Insurance

Association Interest:The Association views this proposal as clean-up.____________

Proposal:The Association proposes replace “unit member” with “employee” and minor clean-up language.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 19. Life Insurance

The Town wi4l—shall_provide a term life insurance policy for unit memberseach employee in theamount of $50,000 until the age of 70, after the age of 70 the benefit shall be reduced to $25,000.Dependents ~fçm lovecs shall he eligible for coverage under the gre+ipreceive a term lifeinsurance policy in the amount of $5,OOO~-prernium~-wjIl_be_pajd by the T-ewa.

For the Mammoth Lakes POA

Michael ~#. Jarvis

o~I7

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 20bOffered: June 29, 2016Subject: Article 20. Work Schedule

Association Interest:The Association in interested in providing its members a contract with the Town that is easy toread and understand. It is also interested in accurately capturing the practices that are in placeand protecting the Town and the Association from vagueness and misunderstanding.

Proposal:The Association proposes to define the workweek, articulate the staffing schedule andmemorialize the bid process for shift and hour selection.

Memorandum of Understanding Language:The Association proposes modif~’ing the below language as follows:

Article 20. Work Schedule

20.1 Workweek~begin at 0001 hours on Monday and end at 2400 frurs on Sunday.

20.2 Work Schedule~oeeisl~alIbeassigued to patrol shall work the 4-10 work ~chedule. The 4-10 work

0) consecutive hours

~mPiovcci~ssiedtoaspecia1 assi~Lnent may be assigued to work ~ither the 4-10 wqrk~ci~dtlleor~~7ork schedule. The 4-10 work schedule shall cgnsist of four (4)

‘~i nn ese~ n a’.~ ~oi eno.

of-the- work

20.3 Shift Bid

the month of November for the following year’s shifts~ days off. The shift bid shall include four (4) rotations of three (3) months: the rotations~and October. Each employee must select ~o (~2) night shifts

FL

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 21aOffered: June 29, 2016Subject: Article 21. Overtime

Association Interest:The Association is interested in increasing the Compensatory Time Off banks to allowemployees to flex their time and prevent burnout as a result of increased overtime demands dueto short staffing. The Association is also interested in increasing the understanding of thememorandum of understanding by its members by removing ambiguity, increasing clarity andremoving illegal provisions.

Proposal:The Association proposes to bring the language in the memorandum of understanding intocompliance with the law, provide members with clarity and remove ambiguity. The Association

~4s also pro~o~ing to increase the Compensatory Time Off (CTO) banks from one hundred (100)hours to.~~h’ündred and forty (~40) hours, the FLSA maximum for civilians. In addition toreplacing “unit member” with “employee” and minor clean-up language.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 21. Overtime

21.1 Overtime Policy-Definition

~n~imurn-c~on~istet~with

operation ef the Departments and operations of the Towrì-—Overtime must be authorizedby the Chief of Police or his~hef—designee--and is subjeet to such other rules andpreeedures as the Tewn Manager may prescribe.

Overtime shall be defined as time worked beyond the-forty_(~Q)hours worked in-a~the normal workweek, as defined in Article 21. All paid time shall count as time worked

e purpose of calculating overtime. All employees shall receive paid rest breaks andi~clL~eurs-wefke4-a~e-defined as -all time during which- a -unit member- is nccessaiilyrequired to l36—en the employer’s premises. on duty, er at a prescribed work p1aee~Comprehensive leave, holidays, and ether paid leave are considered to be part of the

purposes of calculating-overtime compensation.bunehes-shaji not be included as time worked. Overtime shall commence at the tune the

21.2 Overtime Compensation(a) For hours worked in excess of forty (40) hours in any workweek, one of the

following shall occur at the discretion of the Chief of Police or ~--his/herdmgnp~vee~n4j~ consult-atjGn with the unit member, and with the~fina1~pp~al-ef-the~.Town~.Maiiager.

(1) Un4~-~nem4~e~9 Upi es shall accrue compensatory time-off on a time-and-one-half basis,

or

(2) Overtime shall be paid at time-and-one-half the regular heu-i4y-rate of pay.

21.3 Maximum Accumulation of Compensatory TimeUt-n~b€s~~pi~yees may accumulate up to one hundred and fojjy_(4-G 1240) hours ofcompensatory time. Effective from the date of the Town Council approval of this firstamendment, unit members may accumulate up to one hundred fifty (150) hours ofeempatery4e4hrenghjune 30, 2002 This increase in compensatgry~ time accrual isin-enehange for unit member consideration of taking overtime compensation in the feEmef—eempensatery_tji~e..off rather than~~ paid oveffimc.•-• Unit m~mbcrs thall have untilDeeember 31, 2008 to utilize all aeeumulated compensatory time in amounts above-onehundred (100) hours. As of December 31, 2008, compensatory time in amounts abe~zeone hundred (100) heurs will be paid out in the nent payroll period. Effective Ju1y—4-~2008 and—uijntjl the accrued compensatory leave balances are reduced to below onehundred and fo~~y(4.0—2 140) hours~ unit- membersernployees shall receive overtimecompensation as paid overtime. The Mammoth Lakes Police Department will make everyeffort to accommodate Compensatory Leave Requests submitted during the dates

21.4 Usage of Compensatory TimeCompensatory time earned shall be used at the uni-t-member’semployee’s_discretion withthe approval of the Chief of Police or his/her-designee. The unit meniberemployee mustbe permitted to use the compensatory time off within a reasonable period after making arequest-if-the unit member’s use of the compensatory time does not unduly disrupt ~theoperation of the department.

For wn of i~ED~l~es For the Mammoth Lakes POA

atrick Clark Michael W’~Jarvis

and two (2) day shifts. Once all employees have selected their shifts, employees may tradeshifts for the entire rotation.

20.4 Sch~ed~ile cl~nges~may move an employee from one established shift to anther

ablisi shift with two ~2) weeks notice to fill a semi..perrnanent vacancy or as aresultof an internal conflict. A semi-permanent vacancy shall be defined as a vacancy createdbv~li~p~ration of employment of an employee or an absence Qf ~n ~mp]oyee due to~oikei~.’c~pensation leave of greater than four weeks. ~ employee with thç mostseniority shall have the right to accept or reject the transfer.

For.- e own of th Lakes For the Mammoth Lakes POA

Patrick Clar “ /7~ Michael W. I~rvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 22bOffered: June 29, 2016Subject: Article 22. Salaries/Wages

Association Interest:The Association is interested in providing its members with economic enhancements that mirrorthe Town’s economic gains.

Proposal:The Association proposes provide salary increase and one time deposits into the employee’sIMCA VantageCare account.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 22. &ilricsfWagesSalary

22.1 Five Step Salary SealesSalary ScheduleThe salary schedule shall be attached as Appendix “A”. The salary schedule shall consistof five (5) salary steps (A-E) that are five percent (5.0%) apart. Employees shallautomatically move through the salary steps annually based on a satisfactory evaluation.

steps A through •E,- shall remain the same through Juno0~-2008. On July 1, 2008, the five step salary scale shall be adjusted as follews~

step A is increased by five percent (5%)st-ep-~ is increased by five percent (-&%)

step C is increased by five percent (5%)ste-p D is increased by five percent (5%)

~.trnn1b~rssha11receivesai~y..gdjustingi~ts based onthe above, adjustment -in the fl-yestep salary scale en the first day of the pay period closest to the first (1~~) day of Ju1y~2-008. If the l~—ef-these months falls squarely in the middle, the increase will go inteeffect on the earlier of the two pay period&

22.2 ~4-Salary IncreasesiesUnit mernbersEmployees shall receive the following increases to base rate of pavsa1ar~effective on the dates as shown. Increases will go into effect-en the first day of theñjll payperiod closest to the first (l~)—4ay—of J~u~y~r July. lf—the-—lfi~ of those months falls

effect -on-.tho~ ear tier of the - two pay

a. July 2016 5.0% Equity AdjustmentEmployees shall receive a deposit of two thousand two hundred fifty ($1250) dollars~posited into their ICMA VantageCare account.

b.January 2017~plovees shall receive a deposit of two thousand two hundred ($2,250) dollarsdeposited into their ICMA VantageCare account.

c. July 2017 3.0% Cost of Living adjustment~_~rnployees shall receive a deposit of two thousand two hundred ($2,250~ dollars

deposited into, their ICMA VantageCare account.

d. January2018Employees shall receive a deposit of two thousand two hundred ($2,250) dollars~çppsited into their ICMA VantageCare account.

e. July2018Employees shall receive a deposit of two thousand two hundred ($2,250) dollarsdeposited into their ICMA VantageCare account.

f. January 2019Employees shall receive a deposit of two thousand two hundred ($2,250) dollarsdeposited into their ICMA VantageCare account.

(a) July 2006 4.5%(b) July2007 4.5%(c) July 2008(d) July 2009

Fo e To Mamm’~th Lakes For the Mammoth Lakes POA

atrick Clark Michael W. Jarvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 41aOffered: June 29, 2016Subject: Article New. Longevity Pay

Association Interest:The Association is interested in reducing the amount of benefits received, increasing thetransparency in pay, reducing the possibility of errors in FLSA and in reporting to Ca1PERS. TheAssociation is also interested in replacing the Proficient Officer Pay with Longevity.

Proposal:The Association proposes to add longevity pay for employees who complete 10, 15 and 17 yearsof service with the Town.

Memorandum of Understanding Language:The Association proposes adding the below language as follows:

Article New. Longevity Pay

Employees hired before July 1, 2016, shall receive longevity pay at the following rates:3.0% at the beginning of the 1 ~ year6.0% at the beginning of the 1 5th year9.0% at the beginning of the 1 7th year

Employees hired after June 30, 2016, shall receive longevity pay at the following rates:3.0% at the beginning of the 10th year6.0% at the beginning of the l5t1~ year9.0% at the beginning of the 20th year

Longevity pay shall be paid bi-weekly, beginning on the first full pay period after the aboveperiods of service with the Town. Longevity pay shall be calculated as the above statedpercentage of the employee’s current base rate of pay.

For the Town oLMammoth Lakes For the Mammoth Lakes POA

atrick C1ar14~ / Michael W. Ja~1s

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 23aOffered: June 8, 2016Subject: Article 23. Paid Municipal Holidays

Association Interest:The Association is interested simplifying the payroll process and ensuring that employees arepaid accurately and timely.

Proposal:The Association proposes to discontinue the practice of paying biannually and pay holiday payon the employee’s normal check.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 23. Id unieilHfl-Rolidays Holiday Pay

23.1 The-following are recognized as paid municipal holidays:

January -1-~-(New Year’ a Day)Martin Luther King Day (3~4-Monday in January)Lincoln’S Birthday (February 1~)Washington’s Birthday-(3~ Monday in February)Memorial Day (last Monday in May)July 4th~Elndependence Day)Labor Day (first Monday in September)Admission Day (Septernber~th)Columbus Day-~4-Monday of October)Veterans Day (November 11)Thanksgiving DayGhristmas I~ay

23.2 Tn lieu of receiving holidays oft each employee shall receive Total annual holiday payshall be computed at an annual rate—in the amount of 6.9% of the unit inember’semployee’s baserate of pay. ffln~ -sal da.’a’wi4-1__a44.~r1y between the first and tenth day

~ pa~rnent -equal—to

-b~~compensated for any holiday since their last holiday pay.

—m-e-rnhpr terminates his/her ernnieyrne.nt with the Town, they qhnll -h

For the Mammoth Lakes POA

Michael V~. Jarvis

35

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 24Offered: March 30, 2016Subject: Article 24. Holiday Overtime

Association Interest:The Association is interested in simplif~ring the memorandum of understanding when possible,and removing language that does not apply to the sworn employees.

Proposal:The Association proposes remove Article 24 as it is remedied by Article 23 and does not apply toholiday in lieu.

Memorandum of Understanding Language:The Association proposes removing the below language:

24.1 A unit member en leave ef absence without pay shall net receive flnv ‘~~1”ensäL1uf1-f~

holidays eeeun~ing during such leave.

21.2 A unit member must be in a pay status en the workday preceding a holiday to be eligibleto be compensated for the holiday.

For t own o Ma oth Lakes For the Mammoth Lakes POA

Patrick Clark Michael W. Jarvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 25Offered: May 4, 2016Subject: Article 25. Call-In and “On-Call” Compensation

Association Interest:The Association is interested in clarifying the memorandum of understanding, separatingsections that are not directly associated, and providing consistency in language. The associationviews “Call-In” as fair compensation for the undue disruption to an employee’s normal time off.By forcing an employee to drive sometimes more than two hours round trip to work is offset bythe four-hour minimum currently in place, however, forcing employees to stay the full four hourswhen only two or three is needed is just adding salt to the wound of being forced to work on yourday off. If the employee is no longer needed then we, the Town and the Association shouldensure those employees return to their days off as quickly as possible.

Proposal:The Association proposes to remove unnecessary and unenforceable language, separate “Call-in”from “On-Call” and remove the language holding employees over.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 25. ~Call-1n and “On CallIn” Compensation

Call-ins occur when unit membersemployees are off duty and are called in to work for anyreason, including but not limited to, training. A unit memberemployee who is called in to workshall receive a minimum of four (4) hours pay at one and one-half (1-1/2) the ~ni4member’semployee’s regular rate of pay, providing that this four (4) hour period does notoverlap into the unit member’ semployee’s regularly assigned shift. If a unit member is called inand the feur (1) heur minimum will net overlap into a regularly assigned shift, the unit membermay, at the watch commander’s discretion, be required to work the entire feur (4) hours or bereleased from duty when the reason fer the call in has been concluded.

Article New. “On-Call” Compensation

In addition, unit membe~sEmployees who are assigned when off-duty to be “on-call” for anidentified shift must be available to come in to work when requested to do so during that shift.Unit membersEmployces assigned to be “on-call” shall receive compensation equal to two hoursat the employee’s regular rate of pay of base salary for each 10-hour shift they are “on-call.” Thetime period when unit members are “eOn-call” hours shall not be considered as “hours Pi~worked” for purposes of calcula~jpgovertime._calguiption, unless they are called in as outiluedabove, in which case the heurs worked would be calculated as outlined above and would exclude

the en eall heurs during which the unit member was net called in. In -, _-~

~fer purpeses ef retirement ealeulatiens.

Fo own of mmoth La S For the Mammoth Lakes POA

_____ / ___________

Patrick Clark Michael W~Jarvis

31

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 26Offered: May 4, 2016Subject: Article 26. Education Reimbursement

Proposal:The Association accepts the Town’s proposal to remove the Education Reimbursement.

Memorandum of Understanding Language:The Association proposes removing the following language:

Ar-tiele 26. Edueption Reimbursement

2é. 1 Tuitign RefIrnd PlanReimburcementWhen a~ unit memberemeleyee enrolls in approved eeurses at any~ aecrediledin~tltutj~~ en his/her own time, the Tewn will pay for books listed on the eeurse syllabusand required school fees, such as tuition and registration fees, at an ameunt up to thecurrent tuition schedule for the average of the California State University system7Mileage and optional fees shall net be refundable. Department Head approval shall beobtained by the member before registering for any eeurse in order to be eligible forrefund or required fees. Courses taken at any college, university, high seheel, business orleehnieal schools, shall be approved when they are:

Ea) Related to the member’s present position in the Tewn~Eb) Related to the member’s potential develepment in their current department with

the-Town.(c) Part of a program leading to a degree relating to the member’s present position-er

potential fer development in their current department.fd) Required to obtain a high seheel diploma

A—unit member may apply for such refund or required fees pursuant to the rules andpreeedures established by the Town Manager and available from the Personnel Direeter

26.1 Federal and State AssistanceIn the event a unit memberan emoloyee reeeives assistsgovernment legislatien or other student aid programs—Icappreved course, only the difference - -~

memberan employee actually incurs__________________________________________

26.3 .E~flure to Gemelete Course or Termination ef~mplovment,

c1

—under Federal or Statedueation oharges for an

~tween assistance and the education charges-a-may be refunded under this plan~

fc-a u~i—meffibeFejj c~il~ satisfaeteFi-Iy-eernpIete the course with a grade “W~—er

re-fund reimbursement for that

reimbursement

completing —the

lees to -the I ewn~

For the Mammoth Lakes POA

Michael \V. Jai~

ti/U

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 42Offered: March 30, 2016Subject: Article New Rapid Response

Association Interest:The Association is interested in updating the memorandum of understanding to mirror thecurrent practice in addition to removing the penalty for working day shift.

Proposal:The Association proposes to clarify this section and add it to the memorandum of understanding,while providing day shift the same hour of pay for being on call.

Memorandum of Understanding Language:The Association proposes adding the following language:

Article New. Rapid Response

To facilitate a rapid response if called in, the Police Department shall make a police”take-home”vehicles available to crnployees who reside in Mono County or the greater Bishop area, any-unitmember who is en call and lives outside the town limits of Mammoth Lakes. The PoliceDepartment shall be responsible for establishing a procedure to provide “take home” vehic1es~and the Town shall be responsible for maintaining the vehicles, including providing fuel. Take:home vehicles may not be used for personal use and may not be driven by any family member orother person not authorized by the Chief of Police. Take home privileges are limited to unitmembers residing in Mono county or the greater Bishop area. Unit members Employees residingoutside those areas may park their vehicles in a secure location within the authorized area.

Unit membersEmployees assigned to pPatrol ~Night shift (1700 hours until 0300 hours) shallremain available for call back until 0400 hours on the days they work. Unit membera~rnployçç~assigned to the night shift who do—have a take-home vehicle will—shall_be compensated for one(1) hour of straight time for being on call. Unit membersEmployees who do not have a take-home vehicle will—shall_be compensated for one (1) hour at time one and one half (1 1/2) times theemployee’s regular rate of j~y. If called back during this period and they remain on-duty past0400 hours, they shall be compensated at time-one and one half (1 ‘/z) times the employee’sregular rate ofpay-for all time worked after 0400 hours.

Unit membersEmployees assigned to the Patrol Day shift (0700 until 1700 hours) shall be on-calland available to respond from 0400 until their start of shift at 0700 hours. Unitmembers~p~ployees who_—d~have a take:~home vehicle wi-il-notshall be compensated one (flhour of straight time for being on-call. Unit memhersEmployees who do not have a take-homevehicle will be compensated for one (1) hour atone and one half (1 ‘/2Lef straight time for being

on call. All unit membei~sEmployees, if called in, shall be compensated at th~e-o and one half(1 Y2) ~rn~s the employee’s regular rate of payfrom the time they are called in until the start oftheir regular shift.

Any unit memberEmp1oyçç~ responsible for filling a vacancy created by another u&i4~memberemployees who is unavailable to work their assigned shift shall be responsible forremaining on-call during the described period of time.

For t own of mrnoth L es For the Mammoth Lakes POA

Patrick Clark Michael W Jarvis

Years of Service

hours of anniversary leave15 yearshours of anniversary leave20 yearshours of anniversary leave25 years Service pinhours of anniversary leave

Town of Mammoth LakesAnd the

Lakes Police Officers’ Association (POA)2016 Contract Negotiations

/4;

Mammoth

POA — Proposal 27aOffered: June 29, 2016Subject: Article 27. Anniversary Awards

Association Interest:The Association is appreciative of the Town’s anniversary reward of days off. The Association isinterested in converting several of the benefits within the memorandum of understanding to atrue longevity pay to reward years of service as commonly found in law enforcement practice.The Association is also concerned on the reporting of this benefit to Ca1PERS as well as theFLSA issues associated with receiving such a benefit.

Proposal:The Association proposes replace “unit member” with “employee” and eliminate the service pinand recognition gift.

Memorandum of Understanding Language:The Association proposes modif~ring the below language as follows:

Article 27. Anniversary Awards

27.1 The Town Council recognizes the important contribution made by valued long-term uni4mernberscmployc~ and wishes to reward their service to the Town. Productive lLongterm unit membersemployees are the Town’s most valuable asset and are to becommended for their skill, talent, dedication, and service.

27.2 The Town shall award unit meniberseinployees for every five years of service to theTown according to the schedule herein providedbelow. The fbllowing schedule of awardsis-a-guideline and is intended—tecmpjoyee shall also receive accompany a certificate ofappreciation from the Town Council.

Award5 years Service pin or recognition gift and two day9 time off with pay~Qhours of anniversary leave10 years - Sef~ in~~n~e~ffl and -three dayG thee-oW-with-pa~3O

Service pin or reeegnitien gift and four days time off with pay4O

~ervice pin or recognition gift and five days time off with pay.50

-and-ten-da~s4wi-th~pay.~o

3Ovears ~0 hours of Yersary leave___~~veai-s~ears 80 hours of anniversary leave

value and must be used within twelve months

The ak~e f-te ~ervicc~ pin orr000gnitign gift or combination ~haU bc--a~• fcllow~-:

For the Mammoth Lakes POA

Michael W. Jarvis

4%’

5~~’ear~$~pp10 ve~ $200

$3002Oyearo ~‘1O025year~$5pp

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 28bOffered: March 30, 2016Subject: Article 28. Equipment

Association Interest:The Association views this proposal as clean-up. Added updated terminology, providedconsistency within the language of this article. To capture the practice of providing four (4)uniforms (4 pants, 2 long sleeve, & 2 short sleeve), and provide boot allowance closer to thewear out period of 24-months.

Proposal:The Association proposes increase the frequency of the boot allowance from 36-months to 24-months, replace “unit member” with “employee” and minor clean-up language.

Memorandum of Understanding Language:The Association proposes modif~’ing the below language as follows:

Article 28. Equipment

28.1 Safety EquipmentThe Town agrees toshall supply to all Police Officers and Police Sergeantsernployees

• safety equipment as required. Following initial issue, all of the following items will bereplaced on a fair wear and tear basis. The Chief or designee shall defme “fair wear andtear basis”. as determined by an appropriate evaluating authority of the Mammoth LakesP-olice Department~

(a) Gun(b) Holster(c) Sam Brown belt(d) Baton(e) Handcuffs(f) Handcuff case(g) Baton holder(h) Cartridge case(i) Whistle(j) Ammunition(k) Flashlight(1) Mace or equivalentfm) Mace holder(n) External ballistic vest

fm~{o) Ballistic vest pannels

All other items as mentioned in the Government Code Section 50081.1.

28.2 FoulWeather Gear

~annuallY tor the following foul weather gear

(a) Parka(b) ~G1el-Winter boots(c) Wrsuit~wp~(d) Ski gloves(e) Winter hat(f) Rain gear(g) Sunglasses (up to $100)

Any other item the Town ~e1s—is~ppip~~s as necessary due to foul or hazardous weatherconditions.

28.3~____Ihci~vii shall reimburse employees annually for the fQJiowingunifonns.

fl- .— .

(a) Trousers (~we-L~irpair)(b) Tie (one)(c) Belt (one)(d) Shirts: Short sleeve (two) Long sleeve (two)(e) Heavy duty jacket (one)(fJ Keepers for Sa~Brown belt (four)(g) Dress hat (one)(h) Field cap, baseball type (one)(i) Tie bar (one)(j) Name plate (one)

28.4 Uniform MaintenanceThe Town sha11p~vjde elrlpioyees with twenty ($20.OQ) ~doJ1~.rs per p~y p~4Qd for t~ie

~~services for~ all. Police

28.5 Boot ReimbursementIn-ad4e~q~-the’Fl-~ Town shall agee-4e_p~ev4Elereimburs~ employees up to $250.00 for~purchase of a-summer boots.—allpwarice of up to ~250.OO per officer ~En~ployee~j~y

receive boot reimbursement once every ~venty-fourwjtMn a thi~’ ~ix months. perio4~said amouritBoot reimbursement is to be paid by the Town upon submittal of receipt ofpurchase or repairs.

28.~6 Reimbursement for Body ArmorThe Town will agree toshall reimburse members-employees_for the actual cost of a bulletproof vest, once every five years, at an amount not to exceed $800.00. Body armorreimbursement is to be paid by the Town upon submittal of receipt of purchase.

For the Mammoth Lakes POA

Michael W. f~vis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 29aOffered: June 29, 2016Subject: Article 29. Emergency Suspension

Joint Proposal:The parties agree to remove this language from the memorandum of understanding.

Memorandum of Understanding Language:The parties proposes removing the following language from the memorandum of understanding:

~

aunit member pleye.e when that 9ueh aetien is in the best interest ef the dep~tme~tSubjectof~fl ciT ergcncv~su~pens ion front duty shall bc rcquircd• to

For the Mammoth Lakes POA

Michael W. .jarvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 43Offered: May 11, 2016Subject: Article 43 Sergeant Qualifications

Association Interest:The Association is interested in ensuring that supervisors understand the culture of the Town ofMammoth Lakes, and have the specific knowledge and understanding to preform the duties ofSergeant. The POA strongly believes that these qualifications can only be achieved by serving asa Police Officer with the Town of Mammoth lakes.

MOU LanguagePromotions:For vacancies in the classification of Sergeant the Town will initially conduct an internalrecruitment. If there are two (2) qualified internal candidates the Town shall select from one (1)of the internal applicants. In the event there are not two (2) qualified internal candidates theTown will then conduct an external recruitment.

For t own of h Lakes For the Mammoth Lakes POA

a ____________

atrick Clark Michael W. Jarvis

qq

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 30aOffered: June 29, 2016Subject: Article 30. Layoffs

Proposal:The Association proposes to define classification seniority and bumping rights.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 30. Lavoffs&nj~pj~~

~he determined by the ~eta44eagth—e~full time-•egntnugus~member’s present elassificationwi-th the departrnen4~

In the event of layoff of Police Department employees, unit mernbe~sernployees shall be laid offin the inverse order of seniority.4i~-lieu of layoff, any ~init member shall, based on seniori~’, have

_____________________ or she is gun.[ified wit~

the Police Dep~tmea~

Employees who are laid off may take a voluntary demotion within the Police Deyartment. toa class in which the employee had yiior probationary or pem~anent status ørovided such aposition is held by an..employee with less seniority.

A break in employment shall not result in loss of seniority as a result of layoff or approvedunpaid leave. Any unit rnernberc~p1oyee laid off after acquiring permanent status shall, afterreinstatement, regain the seniority—ered4t possessed at the time of layoff. Periods of approvedleaves of absence without pay in whieh the offleer or unit meniber is entitled to continue-4e

dete~1&~—ff~Jf two or more ++mt—menthei~semployees have identical seniority andidentical time the department, ties shall be broken by previous law enforcement experiencewithin the State of California as a full time paid peace officer described under 830 P.C.

Fot~-ThWWö)~Jaminoth Lakes For the Mammoth Lakes POA

Patrick Clark Michael W’ Jarvis

60

7/Town of Mammoth Lakes

And the pMammoth Lakes Police Officers’ Association (POA) —T

2016 Contract Negotiations / -

POA — Proposal 31Offcrcd: May 4,2016Subject: Article 31. Safety

Association interest:The Association views this language as Unnecessary and feels it may even add risk to the Town.

Proposal:The Association proposes to remove Article 31 from the memorandum of understanding.

Memorandum of Understanding Language:The Association proposes removing the following language:

Ai44e1e-34-rSnfet

31.1 Officers shall be responsible to report, in writing, to his/her immediate supervisor any~conditions.

34.2 O# er&shaD-b esponaTh c-the pewiskm of~Ihil within the scope~o1taneffieer~s.~assignj~el*

_______________________ unsafe, hazardpus

unhealthy, or potentially dange*ou&-and shall take necessary steps to have the conditionremedied. The Town shall institute such emergency safety precautions as deemednecessary7

31.1 —The-~ewn-sjipl I

31.5 Officers shall—net--be-required to work under unsafe cenditieni-or to perform tasks-whichendai~gec-thei*-heelthan~.safp~y except in theirnermal lineof duty.

Fo wn of moth es For the Mammoth Lakes POA

atriek ci ~~1WJZ$1H(I&

U

6/

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 32Offered: May 4, 2016Subject: Article 32. Court Duty

Association Interest:The Association is interested in clarifying the memorandum of understanding, and providingconsistency in language. The association views Court Pay as fair compensation for the unduedisruption to an employee’s normal time off. By forcing an employee to drive sometimes morethan two hours round trip to court is offset by the four-hour minimum currently in place,however, forcing employees to stay the full four hours when only two or three is needed is justadding salt to the wound of being forced to work on your day off. If the employee is no longerneeded then we, the Town and the Association should ensure those employees return to theirdays off as quickly as possible.

Proposal:The Association proposes to remove the discretion to force and employee back to work aftertheir court appearance, and general clean up language.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

I Article 32. Court~

When a unit membe~rnployee~ required to appear in court on behalf of the Town, the un-itmember shall be compensated at a—pay rate of one and one-half (1-1/2) the uni-tmembes~llpjoy~ regularly heui4y-rate of pay, with a minimum of four (4) hours, providingthat this four (4) hour period does not overlap into the unit member’s regularly assigned shift.

If a—unit member is required te appear in eeurt en behalf of the Town, and the four (4) hourminimum court time will overlap into the unit membe~-semp1oyee’s regularly assigned shift, theunit memberemp1qy~ shall be compensated as—a pay rate of one and one half (1 1/2) the-un4tmember’s regularly hourly rate of pay-~~~for those hours prior to or extending beyond Ms!hefassig the assigned shift.

If-a unit member is required -to appear--in -court on -behalf of the Town and ~•is-rcieascd from courtwithin the four (~) hour minimum the unit member may at the watch commander’s 4iseretien.~

• ) For t Town o ~ammoth Lakes For the Mammoth Lakes POA

Patrick Clark Michael W. J&vis

‘9

Town of Manimoth LakesAnd the

.~Ianiniofh Lakes I’~lic~ Officers’ Association (POA)2016 Contr~et Negotiations

POA Proposal 33OfTcred: i\lav 4. 201()Subject: .\riieje 33. Dui~ \\ capon Ownership

Association lillerest:1 he Association strongly beIi~ves that this section violates the Peace Oflicers Bill of Rights as~ eli ~s multiple labor codes that require an employee to replace, repair or maintain equipmentdamaged as a result of their employmejit The Association is interested in providing its membersadequate ftindim~ ftr the purchase of their duty weapons, as the costs of fIrearms have risensignificantly since this languaac was adopted twenty years ago.

Proposal:The Association proposes remove language that is in violation of the laws, and change (beallowance from $500.00 to a reimbursement of up to $1000.00.

Memorandu in of Understanding Language:The Associatiofl proposes modifying the below language as follows:

Article 33. I)uty Weapon Ownership

For uni nie+n~ej~e~ employees hired prior to July 1, 1996, thgha~a~,.~o£Quipiete live (5) years satisfactory Service.pnd with-the apple al-e4h’ ~ the-tn~j+

~in the

~hired after July 1, 1996, un~ Qwtl3e~s-sJiaII be providedwith a one time $j.Q~OO.oo duty weapon ale an~e~rejznbursej~ei~ for the purpose of purchasinga ~feani_~g~n for use when and while on duty.~may purchase the*Ifean~_~lii~0f h —eF—ij~~~r choice subject to prior approval by the Chief of Police or~ service~

~

to -ded~~t -fi’cm the uni1~me~eF~j~4~

__________ are required to submit their duty weapon to the Chief of Police or

his/he~-desjgnee annually for inspec(j011, Any~whose weapon is not fit forduty may, at the discrejioii of the Chief of Police, be issued a dcpartmemo~vncci wenJ)onwitiI

v~ capon is able to be remrned to dutv.suspejjdcd withou pay uniil the ui~t

All costs for maintenance and repair of dutv~\veapons ar-?—-the~ ~H+~f al J~csubm ii ted to the Io~ ii lbrreini bur~ejnen~.

l:c~. the ~ a of N lammoth Lakes i~or the N lunimoth Lakes POA

Patrick Clark Michael W. Jarvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 34Offered: May 4, 2016Subject: Article 34. Special Assignment Pay

Association Interest:The Association believes that acting as the Officer-In-Charge (OIC) or Field Training Officer(FTO) bears a great deal of responsibility, FTO’s are responsible for their methods of training foryears after the employee has moved on from there direct supervision. Officer-In-Charge areresponsible for the command decisions while the Chief and Sergeants are away. These dutiesdeserve to be adequately compensated.

Proposal:The Association proposes to increase OIc~ & FTO pays from two and a half percent (2.5%) tofive percent (5.0%) while training, consistent with other special assignments.

Memorandum of Understanding Language:The Association proposes modifying the below language as follows:

Article 34. Special Assignment Pay

34.1 Unit membeFsEmployees assigned to work the classification of Officer-In-Charge orField Training Officer shall be componsatedreceive an additional two and one ha1fLiy~percent (2:5%) pay in-addition to their hourly pay rateabove their base rate of pay. Theunit mombercmp1oye~ shall only receive this special pay when actually in theperformance of Officer-In-Charge or Field Training Officer duties.

34.2 Unit mcmbeFsErnpIoye~ selected and assigned to detail in the positions of Detective,DARE Officer, Canine Handler, and Drug Enforcement Officer will—shalL_receive asupplement to base salary (ineluding salary in lieu of leave benefit) in the amount efanadditional five percent (5%) above their base rate of pay for the duration of theassignment.-Assjgamen~ are made at the diseretien of the GhiefefPeliee~

34.3 Unit membei~sEmnloyees selected and assigned to the Sexual Assault Response Teamand/or Family Violence Task Force will—shall_receive an_additional supplement to basesalary (ineluding salary in lieu of leave benefit) in amount—ac-two and one half percent(2.5%) above their base rate of øay for the duration of the assignment.-A3oignment~ aremade at the discretion of the Chiefof Pollee.

For ~th~ Town of Mammoth Lakes For the Mammoth Lakes POA

atrick ‘Clark Michael W.larvjs

‘%~qft4

Town of Mammoth Lakes) Andthe

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 35bOffered: June 29, 2016Subject: Article 35. Additional Salary Components

Association Interest:The Association in interested in clarifying the memorandum of understanding, removingunnecessary language, and correcting the exclusion of sergeants in 35.1(a). Additionally, theAssociation is interested in ensuring its members are paid in accordance with FLSA standards.The requested increase in K-9 pay increase is consistent with the lower end of the industry andpays employees for an estimated time of actual work performed inline with the FLSArequirements.

Proposal:The Association proposes to add sergeants to 35.1(a), remove urmecessary language, andincrease the canine handler pay from $150.00 a month to thirty minutes (30) a day.

Memorandum of Understanding Language:The Association proposes modif~’ing the below language as follows:

Article 35. Additional Salary Components

35.1(a)~Poi.R?c~Officers 9o~e9~in~ h~iC’~PflQT ~- -

~ -o pal efit~a~~i•nciuding* salary ii~ lieu~

(a) ~Offi~e/S€&~gea~rtsErnp1oyees possessing an intermediate POST certificateshall receive a pay differential of fl-ye-two and one-half percent (~5~G%) of theirbase rate of p~yala~y ‘-lye of the 2.5% basic POST certificate). Base salary

i4fl4-as—the-step_ejhjeha~~~n~ber 15 cun’cntiy.~p1.accd,~an~.d includingsalary in~iigu~ of leave benofit.

(b) ~possessing an advanced POST certificateshall receive a pay differential of seven and one-haIfie~ percent ~7~4-O-G%) oftheir baSe_c salary (inclusive of the ~5~O% intermediate POST

~ auni~memberjs currently

(c) Sergeants possessing a supervisory POST certificate shall receive a pay

differential of t el’e—a •‘~n~cent (10.02~%) of their base

~teof~av~~ (inclusive of the tefl percent ~for the7.5% advanced POST~a~unit member is curientty

35.2 Canine Hand1erf~y~pul~vee.~ssjg~edas a canine handler and has a dog assigned to their care, training,

1~eesh~jI1he paid thirty (30) minutes per day at the regular rat~ ~f pay, t~ care,roornjn~ and trans ortatjon. This work when erformed over and above the desi nated~at tirne-and-one~ajt of the canine handler s ~egu

35.3 ~ilingual ~E~ibit~aembe~s~mp~ees who meet bilingual proficiency qualifications shall receive apay differential of five (5.0%) of their base r~c f ~y~a4ai~y. The Police Chief shalldesignate the language and testing requirements, including periodic re-examination ofproficiency as deemed appropriate, which will determine the qualifications for andmaintenance of this incentive.

For the Mammoth Lakes POA

Michael W. Jarvis

gP

14: ≤~7Town of Mammoth Lakes

And theMammoth Lakes Police Officers’ Association (POA)

2016 Contract Negotiations

POA — Proposal 36Offered: May 4, 2016Subject: Article 36. Proficient Officer Pay

Association Interest:The Association in interested in simplifying their benefits and providing a standard longevity payto reward years of service. The Town and the Association bargained this benefit as pensionableincome, CaIPERS later determined that the existing benefit did not qualify as pensionableincome.

Proposal:The Association proposes to eliminate Proficient Officer Pay from the memorandum ofunderstanding.

Memorandum of Understanding Language:The Association proposes removing the following language:

Article ~ i~oficjent Dfficpr Pa~

~who dcmonstratc. initi-ative and

Unit membeps-shafl_reeej’~,re Proficient Officer Pay if they meet ALL of the follewing criteria:

an Intermediate PO~T Certificate

an “Exceeds Standards” on the current annual evaluation

(~3 Has €empleted three years of serviee with the Town of Mammoth Lake&

If a unit member meets the above criteria, he/she will be eligible to receive a two and one half(2.~ st~~ ~~and~includrng~spl&yjniie~f

leave benefl~

If a unit member meets the above criteria for twe consecutive years, an additional two and one-half-percent (2.5-%)--wi-ll be added for a total net exceeding five percent (5% Level 2) proficientofficer pay differenti-al-.

If an officer meets the Level 2 criteria for two consecutive years, AND obtains his/her~Ad-vanced POST Certificate”, an additional two and one half percent (2.5%) will be added for a

te~ta1- net e~eeeding seven and ene half percent (7.5% Level ~) prefieient effleer ~payd4~fefen4~

evahmtinn h~J~~ tor proficient officer pay pending cstab1isl~cnt of

For t m th Lakes For the Mammoth Lakes POA

Patrick Clark Michael W. arvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA - Proposal 44 C e/’7~a (Offered: June 29, 2016Subject: Police Recruit

Joint Proposal:The parties propose creating the classification of Police Recruit. The Police Recruit shall be afull-time fully benefited posit,i~n with a civilian retirement. Police Recruits shall receive $25 anhour. The Town shall sen~l.’t1~m th the academy and upon successful competition of the academyshall be promoted to the classification ofPolice Officer.

~ wn o Mammoth Lakes For the Mammoth Lakes POA

Patrick Clark Michael W. Jarvis

‘I

I:

Town of Mammoth LakesAnd the

Mamniotli Lakes Police Officers’ Assoejatjc,n (POA)2016 Contract Negotiations

POA — Proposal 37Offered: Max’ 4, 2016Subject: Article 37. Additional Retirement Benefit

Association Interest:The Association is interested in removing out of date language that remains in the memorandumof understanding.

Proposal:The Association proposes remove Article 37 Additional Retirement Benefit iron-i thernemorandu~ of understanding.

Memorandum of Understanding Language:The Association proposes removing the following language:

_____ OWn ~

3-J-Re-~4~-a ser~~i~ &~i~mem.-t~i~ the 1 o~ n I-i 1~e~

~ol ~ ~~~hii ~. It~i~~ h

‘hi~d—upon

~ O~-~- nI’one percen~ice

~ ~erviee

For Town o moth Lakes For the Mammoth Lakes POA

Patrick Clark Michael W. Jat is

12-

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 38Offered: May 4, 2016Subject: Article 38. Effects of Agreement

Association Interest:The Association in interested in a clear and concise Memorandum of Understanding, Article 38Effects of Agreement creates confusion and redundancy to the Memorandum of Understanding.Section 38.1 is covered under Duration, Section 38.3 is covered under Separability, and Section38.2 is unnecessary as it covers future benefit enchantrnents that may be authorized by law.

Proposal:The Association proposes remove Article 38 from the Memorandum of Understanding in itsentirety.

Memorandum of Understanding Language:The Association proposes removing the following language:

~-& I _________________

changed, added to deleted from or~of—the parties in a written amendment e~eeuted aeeerding to the previsiens of the

~~

‘thnIl hr d”~’r~-i-’,1

provi~ion~ or~

For the Mammoth Lakes POA

Michael W. Thrvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA — Proposal 39aOffered: June 29, 2016Subject: Article 39. Severability

Association Interest:The Association in interested in ensuring a that items deemed illegal or invalid are promptlyresolved by mutual agreement, absent mutual agreement the Association believes that itemspreviously bargained that must be re-bargained should be resolved by a neutral third party.

Proposal:The Association proposes to add items invalidated by Ca1PERS and add advisory arbitration forthe sole purpose of a replacement to the invalidated section if mutual agreement on areplacement cannot be reached.

Memorandum of Understanding Language:The Association proposes modif~’ing the below language as follows:

Article 39. Severabi1ity&p~jij~

Should any section, clause, or provision of the Memorandum of Understanding be declaredillegal by final judgment of a court of competent jurisdiction oy invalid ~y, çaIPERS, suchinvalidation of such section, clause, or provision shall not invalidate the remaining portionsthereof, and such remaining portions shall remain in full force and effect.

Upon such invalidation, the parties agree immediately to meet and confer on substitute provisionfor such parts or provisions rendered or declared illegal or an unfair labor practice. If a~

For the T wne.f-Man~~j~ es For the Mammoth Lakes POA

atrick Clark Michael W. I~arvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

POA -~ Proposal 40Offered: May 4, 2016Subject: Article 40. Duration

Association Interest:The Association in interested in a clear and concise memorandum of understanding.

Article 40. Duration

TERMThis Agreement is subject to all existing laws of the State of California, ordinances and regulationsof the Town of Mammoth Lakes. The terms and conditions set foi~th in this Agreement representthe full and complete understanding between the parties. This Agreement terminates andsupersedes those past practices, procedures, understandings, traditions, agreements, or rules andregulations inconsistent with any matters covered in this Agreement. The parties acknowle4g~that, for the life of this A~eement, each voluntarily and unqualifiedly waives its right to negotiateand agrees that the other party shall not be obligated to negotiate, with respect to any matter coveredby this Agreement. The Town agrees that the provision of this Agreement shall not he changed.However, the Town and the Union may mutually agree to reopen this agreement by meeting andconferring on any provision of the Agreement. Nothing contained herein shall preclude the partiesfrom meeting and conferring on matters not covered by this Agreement, in accordance with theMeyers-Miljas Brown Act.

This Agreement shall be in effect from July 1, 2016 through June 30, 2019.

The previsions set forth herein are final. .Exeept as otherwise provided herein, no changes or~urged, or oth~rwi~- prcGcntcd.by~••.the-Po.lice Offi~r~A~ociatjon~or the Town of Mammoth Lakes fer the duration of the Agreement. provided, however, thatnothing herein shall prevent the parties from meeting and conferring and making modificationshere4~-by-mn~ual consent. The provision herein shall he from July 1, 2006 to June 30, 20-I0~

For t o ~iiiiib h Lakes For the Mammoth Lakes POA

atrick Clark Michael W. Jarvis

Town of Mammoth LakesAnd the

Mammoth Lakes Police Officers’ Association (POA)2016 Contract Negotiations

Joint ProposalSubject: Article 2. Recognition

Interest:The language is implementation.

Proposal:The position of Police Recruit to be added to Exhibit A.

Memorandum of Understanding Language:The Town and Association proposed no changes to the language in the Article.

Article 2. Recognition

The Town recognizes the Association as the exclusive representative of all full-time employeeswhose job classifications are listed in attached Exhibit A.

For the Town ofMammoth Lakes For the Mammoth Lakes POA

Patrick Clark Michael W. Jarvis

Exhibit A

Police OfficerPolice SergeantPolice Recruit