Police Officers Association MOU 2012-2014 - City of Daly City

COMPOSITE SUMMARY MEMORANDUM OF UNDERSTANDINGBETWEEN THE CITY OF DALY CITYandDALY CITY POLICE OFFICERS ASSOCIAnONMarch 1,2012 through June 30, 2014The adjustments to wages, hours and conditions of employment that are set forth in thisMemorandum have been discussed by and between the staff representatives of the City of DalyCity (hereinafter called "City") and the representatives of the Daly City Police OfficersAssociation (hereinafter called "Association") and shall apply to all employees in theclassification of Police Officer who are members of the Association.The adjustments to wages, hours and conditions of employment that are set forth in theMemorandum have been discussed in good faith and agreed upon as being an equitableadjustment of present wages, hours and conditions of employment, between the staffrepresentatives of the City and the representatives of the Association. The AssociationNegotiating Committee represents that a majority of the members of the Association haveapproved all of the salary and fringe benefit adjustments as set forth herein; and the staffrepresentatives of the City agree to recommend to the City Council that all of the adjustments asset forth herein be adopted in full by the City Council in the manner and procedure prescribed bylaw.ARTICLEI-SALAJUESA. There will be no increase in salary during the term of this agreement.B. 3.7% Total Compensation Reduction:A 3.7% on-going total compensation reduction shall be implemented as an employeepayment of a portion of the employer contribution to CalPERS for the optional retirementbenefit of 3%@55. This equates to an on-going 5.25% of all compensation subject to PERS(salary, longevity, education, specialty, uniform allowance and any future pay which may besubject to PERS). However, this is reduced to 4.50% when spread over the 28 month term ofthis agreement.C. Change in the Method of On-going Concession:No later than June 1,2014, the POA shall hold an election to vote on whether to continue thePERS contribution adjusted as specified in section (b) below or to vote for section (a) below.The vote shall be conducted in accordance with the POA bylaws. In the event that the POAdoes not successfully vote to convert this concession by June 1, 2014, option (b) below shallbe implemented on June 30, 2014.a) Effective June 30, 2014, bargaining unit employees shall no longer pay towards theemployer share of the PERS contribution, but a 4.19% reduction in base salary shallbe implemented instead.b) Beginning on June 30, 2014, the bargaining unit employee contribution to theemployer PERS contribution rate shall adjust to 5.25%.

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1, 2012 through June 30, 2014Page 2 of 16D. CompensationThe City agrees to recommend to the City of Daly City Personnel Board revision to the Rulesand Regulations of the Classified Service, Rule XII Transfers, section 6d "A sworn PoliceOfficer temporarily assigned the duties of another position in excess of 5 working days,whether or not consecutive, shall then receive his or her pennanent salary or the salary of thetemporary assignment, whichever is higher.E. Section IRC 414(h) (2)The City will continue to apply the Section IRC 414(h) (2) to employee retirementcontributions. Eligibility to participate and the irrevocable conditions of one-time-onlyelection continue to be pursuant to the regulations as set forth by the Internal RevenueService.ARTICLE II - RETIREMENTA. Pursuant to the Public Employees' Retirement System (PERS) contract with the City of DalyCity, the following provisions are provided for affected employees:Tier 1: For eligible employees hired before the City's adoption of the appropriate resolutionto adopt a second tier pension fonnula, the contract with the Public Employees' RetirementSystem will provide the following:• Section 21363.1 - 3% at Age 55 Benefit Fonnula• Section 20042 - One-Year Final Compensation• Section 21335 - Annual Cost-of-Living Allowance Increase (up to 2%)• Section 21548 - Pre-Retirement Optional Settlement 2 Death Benefits• Section 21574 - Fourth level of 1959 Survivor BenefitTier 2: For eligible employees hired on or after the date of the City's adoption of theappropriate resolution to adopt a second tier pension fonnula, the contract with the PublicEmployees' Retirement System will provide the following:• Section 21363.1- 3% at Age 55 Benefit Fonnula• Section 20037 - Three-Year Average Final Compensation• Section 21329 - Annual Cost-of-Living Allowance Increase (up to 2%)• Section 21548 - Pre-Retirement Optional Settlement 2 Death Benefits• Section 21574 - Fourth level of 1959 Survivor BenefitB. Retiree Medical1. The City'S contribution to retiree health for qualifying annuitants will be increasedannually as required under PEMHCA. For calendar year 2010, the City's monthlycontribution to qualifying annuitants will be:

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 3 of 16Employee Only $572.92Employee + 1 $572.92Family $572.92This amount will be increased in subsequent years, pursuant to Government Code section22892(c), until such time as the contribution for annuitants described under Article II(F)(2) is equal to the contribution to employees described in Article III (A).ARTICLE III - BENEFITSA. Health and WelfareThe City will contribute toward the City sponsored benefit plans during the life of thisMemorandum of Understanding as follows:1. Medical Insurance: The City's monthly contribution to CalPERS for each eligible activeemployee for the purchase of medical insurance will beEmployee Only $572.92Employee + 1 $572.92Family $572.922. Cafeteria Plan Allowance: The City will maintain a Cafeteria Plan, pursuant to Section125 of the Internal Revenue Code, for the purpose of providing employees with access tovarious health and welfare benefits. Benefits available through the Cafeteria Planinclude, but are not limited to, medical insurance, flexible spending accounts for out-ofpocketmedical expenses and dependent care, dental insurance and life insurance benefits.The City agrees to provide a Cafeteria Plan Allowance to all employees eligible toparticipate in City-sponsored health benefits under Section A of this Article. Any taxconsequences resulting from City contributions to the Cafeteria Plan are the soleresponsibility of the employee.The City provides each eligible employee with a monthly Cafeteria Allowance of:No coverage $680.00Employee Only $127.08Employee +1 $872.08Employee + Family $872.08

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 4 of 16From the Cafeteria Plan Allowance, active employees must purchase the followingqualified benefits:• City-sponsored dental/orthodontic insurance• City-sponsored life insurance• Police Officer Association-sponsored LTD insuranceThe City agrees to allow affected employees to "freeze" any accrued sick leave aftermeeting a 60-day waiting period as required by POA-sponsored Long Term Disabilityinsurance.Employees may purchase City-sponsored medical insurance from the cafeteria amount.In the event that additional money is needed to pay for such insurance, the employee shallpay such additional amount through payroll deduction.Remaining amounts of Cafeteria Plan Allowance, if any, not used to purchase qualifiedbenefits shall be added to employee wages. Any such amount of Cafeteria PlanAllowance and/or the amount added to wages is not compensation for retirementpurposes as defined by the California Public Employees' Retirement System.The City reserves the right at any time during the term of the agreement to providemedical or dental benefits under plans offered by alternate carriers or through a programof self-insurance, self-administration of claims through a third-party administrator, or acombination of the above. In the event the City wishes to exercise this option, alternatecoverage shall be substantially equivalent to or greater than the coverage in effect on thedate the City makes such an election, with approval of the Police Officers Association.B. Bilingual PayEffective June 23, 2008, the City agrees to provide sixty-five dollars ($65.00) per monthbilingual pay to those affected employees who become certified eligible for such pay. The·City will determine the number of positions, the shifts, the eligible languages (includingAmerican Sign Language), and the standards and procedures for certification for such pay.C. Senior Officer CompensationEffective January 1, 1998, Police Officers who have completed twenty (20) years of servicewith the City of Daly City shall be eligible to receive additional compensation added to theirbase salary in the amount of one hundred dollars ($100.00) per month. This amount is PublicEmployees' Retirement System (PERS) compensable.D. Uniform AllowanceEffective January 1,2009, the uniform allowance will be $900.00. In the event that the Cityrequires any new article of clothing or equipment to be worn or used by bargaining unitmembers, then the City shall provide said article or equipment at no original cost to the

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1, 2012 through June 30, 2014Page 5 of 16employee. Maintenance or replacement of said article or equipment shall be theresponsibility ofthe employee, except for safety equipment.In addition to the safety equipment provided by the City as of December 31, 1986, the Cityagrees to furnish at no cost to the employee, flashlights, rain gear and for personnel assignedto motorcycles, the following motorcycle equipment: boots, pants, leather jacket, gloves andprotective eye wear. Said equipment shall remain property ofthe City.E. Compensatory TimeEffective June 1, 2001, affected classifications shall be allowed to accumulate up to amaximum of one hundred (l00) hours which can only be taken in time off.F. HolidaysHolidays for affected classifications shall be observed on the following days:New Year's Day (January 1st)Martin Luther King HolidayPresident's BirthdayMemorial DayIndependence Day (July 4th)Labor DayVeteran's Day (Official City Holiday)Thanksgiving DayDay after Thanksgiving DayChristmas Eve (December 24th - 4 hours)Christmas Day (December 25th)New Year's Eve (December 31 st - 4 hours)G. Two Hour Personal LeaveIn lieu of two (2) hours of personal leave per year previously granted to each employee, anemployee shall not accrue Personal Leave; however the employee's Personal Leave accrualshall be transferred to the Association Release Time Bank.H. VacationAffected classifications shall be eligible to accrue paid leave as vacation at a rate inaccordance with the following schedule:~nleted Years of Emolovment Vacation Schedule1 through 4 14 days5 through 12 18 days13 through 20 23 days21 or more 28 daysI. Bereavement LeaveA maximum of 5 working days may be taken for Bereavement leave.J. Sick Leave AccrualSick leave accrual maximum of sixteen hundred (1600) hours shall not apply to sworn policepersonnel. Effective on ratification of the June 1, 2005 MOU, the maximum payout of 50%

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 6 of 16of accumulated, unused sick leave at the time of retirement, death or abolishment of positionwill be at a cash value not to exceed nine hundred (900) hours of pay.K. Retiree Health SavingsEffective July 1, 2008, a retiring employee shall place 100% of eligible Sick Leave Cash Out(in accordance with Rule XVII, Section 6 of the Rules and Regulations of the ClassifiedService) into the City-sponsored Retiree Health Savings Account.ARTICLE IX - EDUCATIONAL INCENTIVE PROGRAMEducational Incentive Pay for Police Officers shall be:1. Achievement of Intermediate Post Certificate:OR2. Achievement of Advanced Post Certificate:4% above base salary7% above base salaryARTICLE V - ADMINISTRATIVE PROVISIONSThe following items will be implemented by the administration of the City as a result of theagreement of Association and City on these matters.A. Section Code 7City agrees that Police Officers may take their Code 7 in the nearest beat which has an openeating establishment affording hot food, indoor seating and restroom facilities.B. Association BusinessCity shall establish regulations to effect that no business of employee organizations shall beconducted by employees while on duty by telephone, meetings, individual actions or anyother means except with the authorization ofthe ChiefofPolice.C. Association Release Time Bank1. Each Police Officers Association member may voluntarily contribute up to 8 hours per yearcompensatory time off to the Association Release Time Bank to a maximum of 180 hoursper calendar year. This is in addition to the mandatory contribution to the Release TimeBank of two (2) hours of personal leave per year provided per Article III, Section G. Saidtime may be used by the President, other officers of the Association, or other individuals asapproved by the Department Head. The scheduling of use of this bank shall require theapproval of the Department Head in the same manner as is currently required for schedulingcompensatory time off.2. The City will contribute an additional forty hours to the release time bank (total Citycontribution) provided on January 1 of each year to be used for Association business

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 7 of 16consistent with the current release time program, Departmental rules and Departmentalapproval process. These rules include at a minimum that release time shall not result inovertime or back-fill obligations, and that the Chief of Police has the right to denyAssociation release time for any reason. This Association release time does not accumulateand may not be carried over from year to year. This additional release time shall notcontinue past the expiration ofthis Agreement unless negotiated by the parties.D. Grievance ProcedureDEFINITIONA grievance is defined as a condition that exists as a result of an unsatisfactory adjustment orfailure to adjust a claim or dispute by an employee or employees relative to the application orinterpretation of The Rules and Regulations of the Classified Service, Departmental Rulesand Regulations, Memorandum of Understanding, established procedures and policies of theCity or Department (whether written or oral) or omissions as to the facts pertaining to adisciplinary matter.The following shall not be considered a grievance: the means, manner, method or merit ofany service or activity provided by law or executive order, collective issues of salary, fringebenefits or working conditions subject to meeting and conferring; and disciplinary action.No matter shall be considered a grievance until it is first taken up verbally by the employeeand/or a representative of hislher choice with hislher immediate supervisor. (In thosesituations where the nature of the problem involves the immediate supervisor or higher, theproblem will be discussed with a supervisor in the next higher rank.)All grievances shall proceed in accordance with the following:Step A - An employee who believes that he/she has a grievance shall take up such grievancewith hislher immediate supervisor within 24 calendar days of the occurrence ofknowledge of the alleged grievance. If the employee fails to do so within such timelimit, the alleged grievance may not thereafter be taken up.The supervisor with whom the problem is discussed shall give a reply within five(5) calendar days. If the aggrieved is not satisfied with the decision, the followingstep will be taken.Step B - The grievance may be reduced to writing and submitted to the next higher level ofcommand. The supervisor that receives a grievance will make every possible effortto resolve the problem through discussion with the aggrieved and/or his or herrepresentative, other persons involved, investigation of all the facts, etc., and shallsubmit a written decision to the aggrieved within five (5) calendar days of receipt ofthe written grievance. Ifupon the receipt ofthe written decision, the aggrieved takesno further action within five (5) calendar days, the grievance will be assumed to be

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 8 of 16settled. If the aggrieved feels that the decision does not resolve the problem, he orshe may proceed to Step C.Step C - The aggrieved shall submit a copy of the written grievance along with a copy of thewritten decision and/or other pertinent facts, to the next higher level of command.The same procedures as outlined in Step B, including the five (5) calendar daylimit, will be followed at this level of appeal. If the problem is not resolved, Step C,including the five (5) calendar day time limit, may be repeated up each succeedingstep in the chain of command until the Chief of Police receives the grievance. TheChief of Police will render a written decision on the grievance within five (5)calendar days. If at this point the aggrieved feels that the grievance has not beresolved, the aggrieved may appeal the decision of the Chief of Police to the CityManager as outlined in The Rules and Regulations of the Classified Service and/orMemorandum of Understanding.Step D - Within seven (7) calendar days after receipt of the grievance by the City Manager,there shall be a meeting between the aggrieved employee and/or the Union BusinessRepresentative and the City Manager or his/her representative, in an attempt tosettle the matter. Within five (5) working days following such meeting, the CityManager shall make a written reply to the grievant.Step E - If the grievance has not been settled by the procedure described, the grievance maywithin seven (7) calendar days be submitted to the Daly City Personnel Board, ifeligible under The Rules and Regulations of the Classified Service then in effectand in accordance with paragraph F below, or to advisory arbitration in accordancewith paragraph G below. The grievant has the right to select the Personnel Boardprocess or advisory arbitration for the appeal, but may not do both.Step F - The City Council shall act upon the recommendation of the Personnel Board withinthirty (30) calendar days following the date of their receipt of the recommendation.Step G - Advisory Arbitration. If the grievant is dissatisfied with the decision of the CityManager in Step D, the grievant may appeal the grievance to advisory arbitration.The request for advisory arbitration must be given in writing to the City Managerby the grievant within ten (l0) working days from the date ofthe Step D answer.An arbitrator may be selected by mutual agreement between the grievant'srepresentative and the City'S representative. Should the representatives fail tomutually agree on a arbitrator, they shall make a joint request to the California StateConciliation and Mediation Service, the American Arbitration Association, or someother source mutually agreed upon, for a list of five (5) qualified arbitrators. Theparties shall each strike two (2) names from the list and the remaining person shall

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 9 of 16be accepted as the arbitrator. The first party to strike shall be determined by the flipofa coin.The jurisdiction and authority of the arbitrator so selected and the opinions thearbitrator expresses will be confined exclusively to the interpretation of the expressprovision or provisions of the MOU or Rules and Regulations of the ClassifiedService at issue between the parties. The arbitrator shall have no authority to add to,subtract from, alter, amend, or modify any provisions of the MOU or Rules andRegulations of the Classified Service or impose any limitations or obligations notspecifically provided for under the terms of the MOU or Rules and Regulations ofthe Classified Service.The arbitrator shall be without power or authority to recommend any decision thatwould require the City or the administration to do an act prohibited by law.The fees of the arbitrator will be born equally by the employee or employeeassociation and the City. However, the City will reimburse up to $15,000 towardsthe Police Officers Association cost of arbitration in cases where the City Councilgoes against the advisory recommendation to the detriment of the employee orAssociation.E. Shift BidsEffective August 31, 1998, within the Police Department, the original date of hire as a fulltime,regular Daly City Police Officer will not be adjusted by any absence without pay inorder to determine seniority when bidding watch assignments/days off and vacations. Suchassignments will be made according to seniority as determined by the original date of hire asa full-time, regular Daly City Police Officer. Unless, per Daly City Police DepartmentalGeneral Order #A-19, for operational needs the Chief of Police must "loan" a more seniorofficer to a specific watch schedule.The City practice, tracked in Human Resources, of adjusting the hire date after five or moreconsecutive days of authorized leave without pay to determine eligibility for merit increaseand service credit will remain unchanged.F. Family Medical LeaveEffective February 8, 1999, qualifying absences of forty (40) hours or less, which are not partof a longer-term qualifying absence, will not be charged against eligible employees' FamilyMedical Leave Act/California Family Rights' Act entitlement.A. Composite Summary MOUARTICLE VI - GENERAL PROVISIONS

Composite Summary Memorandum ofUnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 10 of 16The City agrees to bring forward language from prior MOU's between the Police OfficersAssociation and the City into a Composite Summary MOU subject to the following:1. Language which provides for the City to recommend revisions of The Rules andRegulations to the Personnel Board shall not be retained from year to year once the revisionhas been made.2. Language which describes matters which are no longer current terms and conditions ofemployment shall not be included in the Composite Summary MOD.3. Provisions which have subsequently been modified by agreement of the parties shall be setforth in its current form only.B. SafetyThe Association will take affirmative actions to encourage individual safety practices bymembers, particularly as regards vehicular operations, and jointly cooperate with the City inany approved safety programs addressing the reduction of injuries or vehicular accidents onthe job.C. Court TimeEffective January 1, 1999, Police Officers who are required to be present in court during theiroff duty hours for criminal and traffic cases arising from the performance of their duties,shall be compensated at time and one-half for the actual hours present in court and, that forappearances when the actual time is three hours or less, the compensation will be three hoursat time and one-half. Effective February 8, 1999, the City agrees to provide up to a maximumof three (3) hours pay at straight time to off-duty Police Officers who "stand by" to appear incourt in performance of their duties for criminal and traffic cases at the direction of theDistrict Attorney's Office. If an off-duty Police Officer is required to actually be present, theprovision for the three (3) hour minimum pay at time and one-half will replace the StandbyTime in full as described above. The City and the Police Officers Association may evaluatethis procedure during the term of the agreement and must mutually agree to modify oreliminate same if it creates unforeseen problems to the City or Police Officers.D. Holiday Pay-Out PracticeThe "Request for Pay Form" attached, as Appendix B, which reflects the payout practicecurrently being followed in the Police Department, will continue to be used during theduration ofthis Memorandum of Understanding.E. Mandatory Direct Deposit: All employees will participate in mandatory direct deposit forpayroll.F. LaborlManagement Committee

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 11 of 161. The City and the Union will designate a subcommittee to meet and confer on changes to thePersonnel Rules that are within the scope of bargaining and are non-economic. Nothingwould be changed of an economic nature (mandatory economic subject of bargaining)without mutual agreement ofthe parties.2. The City proposes a labor management committee within the Department to discussdeveloping a physical fitness program.G. The parties expressly agree to participate in the fonnulation/agreement of a Drug TestingPolicy.ARTICLE VII - DURATIONA. Except as specifically provided, the effective date of this Memorandum of Understanding isupon ratification by both parties.B. The term of this Memorandum of Understanding shall be from March 1,2012 through June30,2014..ARTICLE VIII - COOPERATION BETWEEN PARTIESA. The Association and its members agree to actively pursue and jointly cooperate with the Cityto increase perfonnance and productivity on the job.B. It is hereby agreed by the parties that this Memorandum of Understanding provides for theamicable adjustment of wages, hours and conditions of employment. Each party hereby givesfull faith and recognition to The Rules and Regulations of the Classified Service, the CityCode of the City of Daly City, and the laws of the State of California (including equalemployment and fair employment statutes), and shall fully respect the rights, obligations andprivileges reserved to the other by such rules, regulations and laws. The Association agreesthat during the tenn of this Memorandum of Understanding there shall be no strike, nopicketing, stoppages of work for any cause, no work slowdowns, interruption of the nonnalconduct of the City's business, or any other job action by any of its members. The Cityagrees that during the tenn of this Memorandum of Understanding it will not engage in anylockout of its employees.

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 12 of 16ARTICLE IX - SIGNATORIESSignatories to the Memorandum of Understanding between the City of Daly City and the DalyCity Police Officers Association:STAFF REPRESENTATIVES OF THECITY OF DALY CITY:REPRESENTATIVES OF THEDALY CITY POLICE OFFICERS ASSOCIATION:--:::;;o~~~~_11tV!IL-_-==t==--_-"--_ #~Sh~~ ­ Date Date!Ph-Date

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 13 of 16APPENDIX A - SALARY SCHEDULEPOLICE OFFICER BIWEEKLY SALARIESMarch 1,2012 through June 30,2014STEP 1 STEP 2 STEP 3 STEP 4 STEP 5Base Salary $2,960 $3,108 $3,264 $3,427 $3,598IntermediateCertificate (4%)ORAdvancedCertificate (7%)$118 $124 $131 $137 $144$207 $216 $228 $240 $252Senior Officer (20Years)$46.15 $46.15 $46.15 $46.15 $46.15POLICE OFFICER SUPPLEMENTAL ASSIGNMENTSASSIGNMENT Biweekly MonthlyPolice Court OfficerPolice Community OfficerPolice Lab/Evidence TechnicianPolice Station SupervisorPolice DetectiveCanine UnitRange MasterPolice Two-Wheel CyclePolice Records SupervisorPolice Senior DetectivePolice Senior Juvenile OfficerPolice Senior Motorcycle Officer$46.15$46.15$46.15$46.15$46.15$138.46$46.15$46.15$57.69$57.69$57.69$57.69$100.00$100.00$100.00$100.00$100.00$300.00$100.00$100.00$125.00$125.00$125.00$125.00

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 14 of 16APPENDIX B - REQUEST FOR PAY FORMTo: CITY MANAGERCity of Daly City Date: _Subject: Request for Cash Payment for Accumulated TimeA. I request to be paid for __ hours ofaccumulated "Holiday" time presently due me. *B. I request to be paid for __ hours of"Other" accumulated time presently due me.• Please identify which Holidays:Signed:Employee_Approved:Chief of Police_Approved:City Manager_Revised: 12/98DCPD-39

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30, 2014Page 15 of 16APPENDIX C - DISCIPLINARY APPEAL PROCEDUREThe City's disciplinary appeal procedure provides for an evidentiary hearing before thePersonnel Board. The Board has the authority to make an advisory recommendation to the CityCouncil. The City Council has final authority.A. Personnel Board Appeal Hearingl. If, within the five (5) day appeal period, the employee involved does not file an appeal,unless good cause for failure is shown, the action of the City Manager or DepartmentHead shall be considered final and binding.2. If, within the five (5) day appeal period the employee files an appeal as specified in theLetter of Disciplinary Action by sending a letter to the City Manager and copy to theDirector of Human Resources, the City Manager shall instruct the Director of HumanResources to request the Personnel Board to set an appeal hearing.3. At its next regular or special meeting, the Personnel Board shall set a hearing date whichshall not be more than sixty (60) days from the date of the filing of the employee'sappeal. All interested parties shall be notified in writing of the date, time and place of thehearing at least ten (10) days prior to the date of the hearing.4. All hearings shall be open unless the employee requests a closed hearing.5. The Chairperson of the Personnel Board shall issue subpoenas at the request of either theCity or the appealing employee prior to the commencement of the hearing. Subpoenasmust be served at least twenty-four (24) hours prior to the time attendance is compelled.6. The hearing need not be conducted according to technical rules relating to evidence andwitnesses, except hereinafter provided. Any relevant evidence shall be admitted if it is thesort of evidence on which responsible persons are accustomed to rely in the conduct ofserious affairs, regardless of the existence of any common law or statutory rules whichmight make improper the admission of the evidence over objection in civil actions.Hearsay evidence may be used for the purpose of supplementing or explaining otherevidence, but shall not be sufficient in itself to support a finding unless it would beadmissible over objection in civil actions. The rules of privilege shall be effective to theextent that they are otherwise required by statute to be recognized at the hearing, andirrelevant and unduly repetitious evidence shall be excluded.7. The Chairperson of the Personnel Board shall rule on the admission or exclusion ofevidence.8. Each party shall have these rights:a. To be represented by legal counselor other person ofthe party's choiceb. To call and examine witnessesc. To introduce evidenced. To cross examine opposing witnesses on any matter relevant to the issues

Composite Summary Memorandum of UnderstandingCity of Daly City and Daly Police Officers AssociationMarch 1,2012 through June 30,2014Page 16 of 16e. To impeach any witness regardless of which party first called the witness totestifyf. To rebut the evidence against them9. Oral evidence shall be taken only under Oath.10. The hearing shall proceed in the following order unless the Chairperson, for specialreason, otherwise directs:a. The City shall be permitted to make an opening statement.b. The employee shall be permitted to make an opening statement.c. The City shall present its case in chief.d. The employee may then present a defense and offer evidence in support.e. The parties may then, in order respectively, offer rebutting evidence, unless theChairperson of the Board for good reason pennits them to offer evidence upontheir original casef. Closing arguments or briefs shall be permitted at the discretion of the Chairpersonof the Personnel Board.11. The Personnel Board shall detennine the relevance, weight and credibility of testimonyand evidence and shall base their findings on the preponderance ofevidence.12. The Personnel Board shall render its "Findings, Recommendations and Conclusions" assoon as possible after the conclusion of the hearing and no later than ten (10) days afterconducting the hearing unless otherwise stipulated by the parties. The Board's Decisionshall set forth the recommendations as to each of the charges and the reasons therefore.13. The Personnel Board may recommend to the City Council the sustaining or rejecting ofany or all of the charges filed against the employee. The Board may recommendsustaining, rejecting, or modifying the disciplinary action invoked against the employee.B. City Council Appeal HearingThe decision of the Personnel Board is advisory only. The proposed decision shall be filed withCity Council and served on the employee. If a suspension, dismissal or demotion is notsustained by the City Council, they shall set forth the recommended effective date the employeeis to be reinstated, which may be any time on or after the date the disciplinary action went intoeffect. If the Council does not sustain or modifies a suspension, they shall set forth the effectivedates of the modification, which may be any time on or after the date the suspension went intoeffect.The matter is set before City Council at the next scheduled meeting that falls more than five daysfrom the filing of the proposed decision. The City Council hearing shall be open unless theemployee requests a closed hearing. The hearing shall consist of summary arguments by theCity's representative and the employee's representative.The City Council may recess to Closed Session to deliberate after the presentation of thesummary arguments. The City Council announces in Public Session its detennination; it mayaffinn, deny, or modify the Personnel Board's recommendation. The detennination of the CityCouncil is final and binding.____._~__ ·"~····~_·_· __L··"_