HomeMy WebLinkAboutPolice Officers (POA) - MOU 2006-2009
MEMORANDUM
OF
UNDERSTANDING
BETWEEN
THE CITY OF GILROY
AND
THE GILROY POLICE OFFICERS
ASSOCIATION, INC.
July 1, 2006 through June 30, 2009
MBHORANDlJll OP UNDBRSTAND'IRG
m:-rn.BIlI
TBB CITY OF GILROY
AND
THE GILROY POLICE OFFICERS ASSOCIATION
July 1, 2006 through JuDe 30, 2009
TABLK 01' CONTEllrS
ARTICB I. - PARTIES TO THE AGREEMENT ........... ................1
ART'ICLB 'II. - RECOGNITION AND SCOPE ............... .............1
ARTICLE III. - CITY RIGHTS ..................................... 1
Section A. In General .......................................... 1
Section B. Rights Enumerated. ....... ............. .... ....... ...1
Section C. Employee Rights Not Impaired .... ....... .... .........2
section D. Rights of the Association. ... .......... ......... ....2
ARTICLE 'IV. - SALARIES AND OTHER COMPENSATION....... ......... ..2
Section A. Salaries ............................................ 2
section B. Retirement Contribution. ............................2
Section C. Educational Incentive - Sworn Personnel.......... ...3
Section D. Educational Incentive - Non-Sworn Personnel.........3
Section E. Master Officer Program .............................. 3
Section F. Overtime ............................................. 5
Section G. Stand-By Pay .................................... . . . . 6
Section H. FTO Pay ..................................... . . . . . . . . 7
Section I. Call Back pay .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section J. Holiday pay ......................................... 8
Section K. Bilingual Policy .................................... 8
Section L. K-9 and Mounted Unit Compensation ... ................8
Section M. Working out of Classification ......... .... ...... ....8
Section N. Retention/Recognition Incentive..... .,. .... .........8
section O. Differential Calculations. . . .... . . .. ... . .... . . . . . . . .9
ARTICLE V. - INSURANCE PROGRAMS ............... ........... .....9
Section A. Medical and Dental Insurance ............ ............9
Section B. Li fe Insurance ..................................... 10
Section C. Long Term Disability Insurance.. .... .............. .11
AR.T:ICLB v:t. - LEAVES .......................................... 11
Section A. Vacation ........................................... 11
Section B. Sick Leave ......................................... 12
Section C. Sick Leave for Job Connected Injury ............. ...12
Section D. Emergency Leave .................................... 13
Section E. Bereavement Leave .................................. 13
Section F. Court Duty ...................................... . . . 14
Section G. Holidays ........................................... 14
Section H. Leave of Absence without pay .......................14
Section T. Unauthorized Absences " ....... ...... .., ......... ...14
Section J. Pregnancy Leave ................................. . . . 14
Section K. Personal Leave .....................................15
Section L. Employee Release Time ..............................15
Table of Contents
Page 1 of 2
ARTICLE V7I. - MISCELLANEOUS... ... ... ................ ........ .IS
Section A. Uniform Allowance ..."............................... 15
Section B. Residency Requirement ..............................16
Section C. Corporal ........................................... 16
Section D. Training Time ...................................... 16
Section E. Authorized Deductions ........... ........ ........ ...17
Section F. Peace Officers Bill of Rights ......................17
Section G. Contract Grievance .... ... .......... ....... ....... ..17
Section H. Administrative Appeals/POBR .......... ......... .... .19
Section I. PERS ............................................... 20
Section J. Work Schedules ..................................... 20
Section K. Bulletin Boards .................................... 22
Section L. Shift Selection .................................... 22
Section M. Council Packets .................................... 22
Section N. Physical Fitness Program ...................... .....22
Section O. Substance Abuse policy... ........... ...... ........ .22
Section P. Safety Vests .......................................22
Section Q. Probationary Period ......~........... ..............22
Section R. Detective/ACT Vehicles .............................22
Section S. Non-Discrimination ...... .......... ......... ... .... .23
Section T. Rotation of Special Assignments .. .... ......... .... .23
Section U. DMV Pull Notice Program ............................23
Section V. Lost or Damaged Equipment ...... ....................23
ARTICLE V'III. - PEACEFUL PERFORMANCE ...... ...... ..... ........ .24
ARTICLE IX. - FULL UNDERSTANDING ..............................24
Section A. Full Understanding..... ... ............... ..... .... .24
Section B. Re-Opener for HR Rules and Regulations.... ........ .24
ARTXCLB X. - SAVINGS PROVISION .. ................ ............ ..25
ARTICLE .xI:. - TERM ............................................ 25
EXHIBITSz
Exhibit I ..............Salary Tables for the Period July 1, 2006
- June 3D, 2009 (4 pages)
Exhibit II .........................Record of Counseling Template
Exhibit III ................Procedure Order 4.4 - Shift Selection
Exhibit IV .. ....... ... ........Physical Fitness Program Docuemnts
Exhibit V ......... ...................... ..Substance Abuse Policy
Exhibit VI .......Procedure Order 3.9 - Detective/ACT Vehicle Use
Exhibit VII. ............ . General Order 5.4 - Rotation of Special
Assignments and Policy 1004 - Special Assignments
Table of Contents
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r.,EMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF GILROY
AND THE
GILROY POLICE OFFICERS ASSOCIATION, INC.
POLICE UNJ!
JULY 1, 200&- JUNE 30, 2009
ARTICLE I.
PARTIES TO THE AGREEMENT
This Memorandum of Understanding is jointly prepared and executed by
representatives of the CITY of Gilroy hereinafter CITY) and the Gilroy Police
Officers ASSOCIATION, Inc. (hereinafter ASSOCIATION) for presentation to, and
consideration by, the City Council of CITY.
ARTICLE II.
RECOGNITION AND SCOPE
CITY hereby recognizes ASSOCIATION as the recognized employee organization
for purposes of Government Code 3500 ,t sea. and the Employer/Employee
relations policy of CITY. Such recognition shall extend only to the representation of
employees holding permanent positions in the Police Unit Wage and benefit
changes contained herein apply onty to sworn Peace Officer classifications. and the
classification of Multi-Service Officer.
ARTICLE III.
CITY RIGHTS
Section A: In General:
All CITY rights and functions, except those which are expressly abridged by
this agreement, shall remain vested with CITY.
Section B. Richts Enumerated:
Nothing in this Agreement shall be construed to restrict any legal or inherent
exclusive CITY rights with respect to matters of general legislative or
managerial policy which include but are not limited to: the right to determine
the mission of its constituent sections; set standards of selection for
employment and promotion; train. direct and assign Its employees; require
overtime work; take disciplinary action, subject to the employees' right to
appeal; relieve its emp10yees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of the CITY operations;
Page 1 of 25
nAtArmlnA thA mAthnnR mp.~n~ ~nrl nA~nnm:~1 hv whil:h CITY ooerations are
Section C. Emolovee Riahts Not Imoaired:
The exercise of CITY management rights shan not preclude grievants from
presenting a grievance in accordance with the Personnel Rules and
Regulations, concerning an adverse effect of the exercise of such rights
upon him/her; provided, however, the basic right of management to act
hereunder or make decisions is unimpaired. Nothing herein shall abridge or
impair any rights granted by Government Code Section 3300 et seq.
Section D. Bight;:; of the ASSOCIATION:
This Agreement is not intended to restrict the right of CITY to consult with
ASSOCIATION regarding matters within the right of CITY to determine.
Nothing herein shall abridge or impair any rights granted to the
ASSOCIATION by Government Code Section 3500.3510.
ARTICLE IV. SALARIES AND OTHER COMPENSATION
Section A.
Salaries:
Effective July 1, 2006, salaries shall be increased by two and one half
(2.5%) percent for all unit personnel. Effective January 1, 2007, salaries
shall be Increased by one (1 %) percent for all unit personnel. Effective July
1, 2007, salaries shall be increased by three (3%) percent for all unit
personnel. Effective July 1, 2008, salaries shall be increased by two and
one half (2.5%) percent for unit personnel. All of the above referenced
salary increases are contained within the salary tables (4 pages) attached
and marked Exhibit I.
Section B. Retirement Contribution:
1. The CITY shall pay employees retirement contributions at the rate of
nine (9%) percent for personnel covered by this MOU. These
payments will continue to be considered and will be reported to PERS
as the employees contribution.
2. The City will report the employer paid member contribution (EPMC) to
PERS as special compensation.
Page 2 of 25
Section C.
Educationallncentive-Swom Personnel:
Educational incentive pay shall be provided as follows:
.
1. An additional five (5%) percent tor possession of an Associate of Arts
Degree or an Intermediate P.O.S.T. certificate.
2. An additional seven and one-half (7.5%) percent for possession of a
Bachelors (or higher) Degree or an Advanced P.O.S.T. Certificate. The
amounts payable above are not cumulative; the maximum oavrnent is
seven and one half (7.5%) percent.
3. All college units/courses must come from a college or university
accredited by the Western Association of Colleges and Universities or
approved by P.O.S.T.
Section D.
Educational Incentive . Non~Swom Personnel:
Courses must be applicable towards a degree and usable by the particular
employee in their employed ASSOCIATION or for advancement with the
CITY classification.
1. Three and one-half (3.5%) percent increase in base pay for employees
compteting thirty (30) college semester units, or possession of a Basic
P.D.S.T. Certificate.
2. One and one~hatf (1.5%) percent additional increase in base pay for
employees completing sixty (60) college semester units or possession
of an Intermediate P.O.S.T. Certificate. Maximum total five (5%)
percent.
3. All course units are subject to approval by the CITY Administrator or
designee with recommendation from the employees Department Head.
4. All college units/courses must come from a college or university
accredited by the Western Association of Colleges and Universities or
approved by P.O.S.T.
Section E. Master Officer Program
1. Effective January 1, 2007. bargaining unit members who meet the foUowing
requirements shall receive a 5% Master Officer .pay differential (50/0 of base
pay only) in lieu of specialty pays.
2. Initial Program Requirements for any employee in this Unit wishing to join the
Master Officer Program.
a. Ten (10) years with Gilroy Police Department (GPO).
b. Nine (9) years in designated specialties with GPO.
Page 3 of 25
(1) Must have at least one (1) year each in at least three (3) different
speciarties. MSO's may qualify with two (2) different specialties.
aCtiVelY serving as an InSlrUClor m.one-or more ucutei:uaClli Ilul~U"
below.
(6) Three (3) years of qualifying time must be full-time specialties (per the
list below).
(7) Employee can simultaneously perform up to three (3) specialties.
3. Qualifying Specialties:
a. Full Time
(1) Traffic
(2) Detectives
(3) UNET
(4) RATTF
(5) ACT
(6) FTO (not including Corporal)
Note: Employees who have at least one year as a Corporal prior to
7/1/06 may use one year of Corporal time as FTO time for Master
Officer Program purposes.
b. Half Time
(1) CIRT (SOG & HNT)
(2) CSI
(3) Arson
(4) MAlT
c. Quarter Time
(1) Defensive Tactics Instructor
(2) Driving Instructor
(3) Firearms Instructor
4. Application Process:
a. Employee must submit application with appropriate backup information
documenting their qualifications.
b. Employees are responsible for maintaining their qualifications and for
providing written proof of compliance to Police Administration.
5. Timeline for Submission of Master Officer Documentation.
a. Master Officer Pay starts January 1 or July 1 depending on application
date. Qualifications must be submitted before December 1 for January 1
implementation and June 1 for July 1 implementation. Note: Initial
Page 4 of 25
qualification period deadline for paperwork submittal is December 15.
2006.
6. The number and type of specialty assignments (full-time or collateral) shall
remain at the discretion of the Chief of Police.
7. Per General Order 5.4, specialty assignments (full-time and collateral) shall
continue to be one year and may be extended by the Chief of Police for an
additional one year period to a maximum of five years. No maximum tenure
for collateral. part-time assignments as listed in GO 5.4.
8. Maintenance of Master Officer Status and Related Pay. In order for an
employee to maintain their Master Officer Status and Related Pay once they
have originally qualified, Master Officers must complete a. AND b. below:
a. Starting January 1,2007, every three years, complete at least one
.update class" (at least 24 hours) in a "qualifying specialty" (i.e., a
specialty which the employee used to qualify for Master Officer status).
The 24 hour reqUirement does not need to be at the same class or at the
same time.
b. Every five years, complete at least one full year in any qualifying
specialty. Employees may count time in half time and quarter time
specialties, however, the time must total a full year, Le. employee must
complete two years in an assignment that is in the half time category and
four years in an assignment that is in the quarter time category.
9. Re-Institution of Master Officer Pay. In order to have Master Officer Pay re-'
instituted, the employee must complete both a. AND b. below:
a. Completion of an "update class" (at least 24 hours) in a "qualifying
specialty"' (Le., a specialty which the employee used to qualify for Master
Officer status).
b. Completion of a full year in any qualifying specialty. Employees may
count time in half time and quarter time specialties. however. the time
must total a full year. Le. employee must complete two years in an
assignment that is in the half time category and four years in an
assignment that is in the quarter time category.
c. Master Officer Pay will be re-instituted effective the July 1 or January 1
following the successful completion of the requirement noted above.
Section F. Overtime:
1. Employees will be compensated at the rate of time-and-one-half (1.5)
for hours worked in excess of forty (40) hours per week. For employees
working a 4-10 schedule. overtime compensation at the rate of time and
one half (1.5) will be paid for hours worked in excess of ten (10) hours
per day and/or forty (40) hours per week. Paid time off shaU count as
hours worked for overtime calculation purposes.
Page 5 of 25
...
.outside assignment. means overtime that is work at special events
where the evenfs sponsor reimburses the City for its overtime
expenses.
3. Employees receiving phone calls at home shall be compensated at a
minimum of one (1) hour of straight time. Additional calls made within
the same hour will not be entitled to any additional compensation.
Supervisory approval should be obtained prior to making a business
related phone call to an employee at home.
Excluded from any compensation for phone calls at home are calls to
correct employee errors or omissions that need immediate attention,
court cancellations, calls to work, courtesy calls and special detail calls.
4. Prescheduled non-emergency overtime shall be scheduled with at least
3 positions for regular full-time officers for each reserve officer position.
One person assignments may be staffed by reserves if a reserve officer
is the next person in the rotation. If a sufficient number of regular
officers have not signed up for events within One Hundred and Sixty
Eight (168) hours of the assignment, the available slot(s) may be
opened to reserves.
Notwithstanding the above; the qPortuguese Parade- may be staffed
entirely with Reserve officers.
5. Pre-scheduled non-emergency overtime not filled pursuant to Section 4
above, shall be filled through mandatory assignment of regular officers
not less than One Hundred and Twenty (120) Hours prior to the
assignment. Assignments will be made by reverse seniority.
Section G. Stand-By Pav:
Employees required to standby by the Department (including telephone
standby for court appearances) shall be compensated at the rate of one-half
(.S) of his/her regular hourly base pay.
Employees assigned to standby shall:
1. Be reachable by telephone, pager or vehicle radio;
2. Be ready to respond immediately to calls for service or court;
3. Remain a reasonable distance from the police station
or court; and
Page 6 of 25
4. Refrain from the use of intoxicants which might impair the ability of the
officer to perform assigned duties.
5. The employee must confirm stand~by status daily and be placed on
stand~by each individual business day by calling GPO's subpoena
PoUce Records Technician or by calling the Deputy District Attorney that
is handling the specific court case.
Section H. FTO Pay:
Employees in the classification of Police Officer who are formally assigned
by the Department as Field Training Officers shall receive FTO pay of five
(5%) percent durlng the hours they are actually assigned a
trainee (including reserve trainees).
Training of employees (other than reserve officers) is done in focused
"segment blocks" of 40-120 hours. The officer assigned as an .FTO and
tasked to provide a "segmenr of training (minimum of 40 hours) will be paid
5% of the officer's base pay for all of the pay periods where the majority of
training hours takes place. If an officer serving in the role of an FTO
exceeds 120 hours in a pay perlod, that FTO wUl receive 5% of base for the
following pay period.
Section 1. Can Back Pay:
Employees called back to work shall receive a minimum of three (3) hours
compensation, calculated at time one one-half (1.5). Call back, including
court appearances, is defined as any time at court or work that does not
continue into or continue after regular duty time.
In interpreting this section:
1. Any scheduled event/meeting occurring within thirty (30) minutes of the
end of an employees shift will be assumed to be a continuation of
regular duty time.
2. Any unscheduled event occurring after the employee has physically left
work will be considered callback unless the Department has held the
employee over.
3. The City has the option of holding over employees in lieu of call back
for any length of time upon notification to the employee prior to the
event/meeting.
4. If an employee is called back and any of the 3 hour minimum overlaps
into the start of the start of their regular shiftl then the employee is paid
OT for the exact amount of time actually worked prior to the start of
their regular shift. For example: if an employee starts work at 1600
Page 7 of 26
hours, has court at 1400 hours and is done at 1500 hours; they are free
to leave (it is not the practice nor intent of the department to hold an
employee over for the remaining time, if any) and be paid (and covered
under workers' compensation) until they start work at 1600 hours.
Section J. Holidav Pay:
Holiday pay shall be paid at the rate of 6.37% of base pay.
Section K BilinQual Policv:
Employees who demonstrate the ability to effectively communicate ,in both
Spanish and English shall receive an additional five (50k) percent of their
respective base salaries. Employees speaking languages other than
Spanish, for which there is a demonstrated need and the employee regularly
utilizes in the performance of hislher duties shan also be paid the bilingual
differential upon the approval of the Chief of Police.
Section L. K-9 and Mounted Unit Comoensatior):
Employees assigned to the K-9 or Mounted Unit Program shall receive an
additional two (2) hours pe r week of compensation at straight time rate. This
compensation is mutually acknowledged to compensate for additional time
required to care for, train, feed, etc. the employees assigned animal.
Section M. Workino Out Of Classification:
Employees assigned by the Chief of Police, or his/her designee, to work as
an acting Corporal or acting Sergeant shall be paid at the lowest salary step
in the higher range providing a minimum of five (5%) percent increase for
each full shift worked.
Section N. RetentionlRecoanition Incentive
Unit employees that are fifty or mOre years old and retire from City service on
or after July 1, 2001 (a PERS annuitant) with a minimum of fifteen years
service with the City shall be eligible to receive the following post-retirement
benefit until reaching the age of sixty-five (65).
Retirees eligible under this program shall receive $15 per month per year of
City of Gilroy service not to exceed $300 per month.
Page 8 of 25
Section O. Differential Calculations:
Effective the first of the month following final MOU approval, all differential
pays, including educational incentive pay, bilingual pay, holiday pay, Master
Officer pay, etc., shall be calculated on base pay on an individual basis with
no compounding.
For example:
Education Pay = Base x Education Incentive Pay %
Holiday Pay = Base x Holiday Pay %
Bilingual Pay = Base x Bilingual Pay %
ARTICLE V. INSURANCE PROGRAMS
Section A: Medical and Dental Insurance:
1 . City Contributions.
A. Effective January 1, 2007, the City shall contribute up to the following
amounts to each employee in this Unit for the purpose of purchasing health insurance type
benefits:
Employee Onty
Employee + 1
Employee + 2 or more
$487.31
$960.57
$1,224.98
The above contribution amounts include the mandatory PERS Public
Employees Medical and Hospital Care Act ("pEMHCA") contribution and mandatory Delta
Dental contribution (GPOA Delta Dental PPO [Preferred Provider Organization] Plan.
B. Effective January 1 J 2008, the City contribution shall increase up to
the following amounts to each employee in this Unit for the purpose of purchasing health
insurance type benefits:
Employee Only
Employee + 1
Employee + 2 or more
$511.68
$1,008.60
$1,286.23
The above contribution amounts include the mandatory PERS PEMHCA contribution and
the mandatory Delta Dental contribution (GPOA Delta Dental PPO [Preferred Provider
Organization] Plan.
Page 9 of 25
C. Effective January 1, 2009. the City shall contribute up to the following
amounts to each employee in this Unit for the purpose of purchasing health insurance type
benefits:
Employee Only
Employee + 1
Employee + 2 or more
$537.26
$1,059.03
$1,350.54
The above contribution amounts Include the mandatory PERS PEMHCA contribution and
the mandatory Delta Dental contribution (GPOA Delta Dental PPO [Preferred Provider
Organization] Plan.
2. The contribution amount that the employee qualifies to receive is based
upon the number of individuals that the employee enrolls in a medical plan
(i.e" Employee Only, Employee plus One, or Family).
3. Employees may also purchase other insurance benefits through the ~ 125
Plan and have the cost of those benefits deducted from their paycheck.
4. The employee may waive medical insurance under this program provided
they show proof of other medical coverage. Dental coverage cannot be
waived. The employee must enroll himself or herself. along with qualifying
dependents, in the Delta Dental plan.
5. If an employee waives medical benefits pursuant to Paragraph 4, above, the
employee may purchase other insurance benefits with any remaining ~ 125
contribution amount. Effective upon adoption of this agreement, the
employee can also opt to receive a cash payment for up to the employee
only contribution less the medical contribution allocation required by
CalPERS and the Delta Dental Contribution.
6. The parties share an interest in addressing the increase in the cost of
PEMHCA benefits. To that end, the parties agree that the City may contract
with different health benefit providers. consortia. or groups to provide health
coverage that is equivalent to that provided under PEMHCA. If either the
benefits provided or the rate structure in place between active and retired
employees is not equivalent to that provided under PEMHCA, then the City
shall meet and confer with the Association prior to contracting with the
alternate provider, consortia, or group.
Section B. Life Insurance:
The City shall continue to provide a $5,000 Life Insurance Policy for
Non-Sworn Unit members, and a $15,000 Life Insurance Policy for
Sworn Unit members for the term of this agreement.
Page 10 of 25
Section C. Long Term Disabilitv Insurance:
1. Sworn Employees:
The City shall contribute up to sixteen dollars and fifty cents ($16.50)
per employee per month toward the Long Term Disability Insurance
Program currently offered through the Association for unit members.
The City will pay increases in the Long Term Disability Insurance
Program not to exceed a total contribution of twenty dollars and fifty
cents ($20.50) per employee per month.
ARTICLE VI. LEAVES
Section A. Vacation:
Every full time employee who shall have been in the service of the CITY for
one year shall annually be allowed vacation 'eave of ten (10) eight (8) hour
days accumulated at the rate of zero point eight three (0.83) days per monu,.
After five (5) years, vacation leave shall commence accumulating at the rate
of one point two five (1.25) days per month. fifteen (15) working days per
year. After fifteen (15) years, vacation leave shall accumulate at the rate of
one point six seven (1.67) days per month, twenty (20) working days per
year. Vacation schedules shall be posted annually in each department.
Sign up shail be on the basis of seniority within classification. Senior
employees shall have first preference, unless exercise of such preference
interferes with the service of the department.
Vacation is granted for the purpose of it being taken annually. However, with
approval of the Department Head concerned, an employee may opt to
accrue up to two (2) years vacation leave for an extended vacation. For
Department Heads, approval of the CITY Administrator is required.
With a minimum of two (2) weeks advance written notice and the approval of
the CITY Administrator, an employee may be issued a salary advance
equaling the accrued vacation. This paragraph shall apply to a minimum of
one (1) week vacation or more.
Vacation time shall accrue while the employee Is on paid leave. An
employee falling ill or incurring injury while on vacation may terminate that
vacation and convert to sick leave or leave without pay upon submission of
written notice detailing the reasons therefore and upon approval of the CITY
Administra tor.
An employee of the CITY for one (1) year or more shall, upon termination,
receive payment for all accrued unused vacation time. No employee shall
receive payment in lieu of vacation while remaining in CITY service.
Page 11 of 25
leave while on paid vacation.
Employees who have been on sick leave for three (3) or more consecutive
work days may be required to present a written verification of inability to work
signed by a treating physician or other health care provider to their
immediate supervisor upon returning to work. In addition, a supervisor may
require a health care provider's verification upon return to work if the
supervisor has a reasonable belief that the employee has used sick leave for
any reason other than those listed in Sections VII.A.2 and VII.A.2a of the
City's Personnel Rules and Regulations. The supervisor must request the
sick leave verification prior to the employee's return to work. Employees will
use sick leave time to procure the health care provider's verification and will
be responsible for any payment required for the verification.
The City will investigate allegations of sick leave or medical appointment
abuse prior to imposing discipline pursuant to Section VII.A.2.e of the City's
Personnel Rules and Regulations.
Section C. Sick Leave For Job Connected Iniurv:
An employee's sick leave will be affected when he/she is injured on the job
and is unable to work as follows:
1. Public Safety, as defined by P.E.R.S (Public Employees' Retirement
System), employees shall be granted sick leave as per Public law
Provisions.
2. All other employees will be allowed thirty (30) calendar days industrial
injury/illness leave before any deduction from accumulated sick leave, if
any.
3. If an employee receives a workers compensation check for LC 4850
type benefits, the employee is required to deposit the check with
Human Resources as soon as possible.
4. When industrial injuryJillness leave is exhausted, the employee can
receive either the Workers Compensation benefits and the difference
equal to full pay with appropriate deductions from accumulated sick
leave or full pay with appropriate deductions from accumulated sick
leave and deposit the Workers Compensation with the CITY.
5. Upon depletion of the sick leave, and/or other benefits available, the
employee will receive the Workers Compensation benefit and be placed
upon a Leave of Absence without pay.
Page 12 of 25
6. The following procedures are required in order to ensure that medical
bills arising from a work-related illness or injury are paid by the Workers
Compensation insurance carrier:
a. When an employee is injured or is taken ill on the job, get medical
attention as needed. The employee should arrive at the medical
facility/physical with a Medical Service Order. These are available
in every department. If the employee presents the proper
authenticated form to the medical facility, the facility will send the
bill to the insurance carrier rather than to the employee or the
CITY.
b. The department concemed should send an Accident Report to the
Human Resources Department within one working day of the
incident. It is from this document that the Employer's Report is
prepared for the insurance carrier, so both speed and accuracy
are essential.
c. The Human Resources Department will, within two (2) working
days of receipt of the Accident Report, submit the Employers
Report to the insurance carrier.
Section O. Emeroencv Leave.;
An employee may be granted emergency leave by the Department Head up
to, but not to exceed, five (5) days per year to care for sick dependents.
Dependents will include spouse, children, or other relatives presently living
with the employee. The employee is given the option of deducting this leave
from either hislher accumulated sick leave or his/her earned vacation. Per
California State Law, the City shall designate half of an employee's annual
sick leave accrual for family sick leave. Therefore, family sick leave is
currently capped at 48 hours per fiscal year, however, 50 hours shall be
granted if the. employee is working a 4-10 work schedule.
Section E. Bereavement Leave:
All CITY employees shall be granted up to three (3) non-chargeable
bereavement leave days per fiscal year. Such leave shall not be cumulative.
Bereavement leave may be taken when a death occurs in the employee's or
the employee's spouse's immediate family. For the purpose of this section,
immediate family is defined as: Parents, Brothers, Sisters, Spouses, Natural
or Legally Adopted Children, Grandparents or Grandchildren. Leave may
also be granted in the case of the death of others with whom the employee
has a stgnificant relationship. Such leave shall be granted in the sole
discretion of the CITY Administrator, without any right to appeal. It is
understood that employees working 4 - 10 schedules wUl receive three ten
hour days in bereavement leave.
Page 13 of 25
. Section F. Court Dutvj
An employee summoned for jury duty will be excused from work but must
present written proof of the jury duty to hislher supervisor with a copy to the
Human Resources Director. The summoned employee shall have a choice
of receiving full pay white on jury duty and reimbursing the CITY for any jury
duty compensation received. or he/she may keep the jury duty compensation
and not receive CITY pay for the time away from work. The above jury duty
compensation reimbursable to the CITY does not include travel. meals, or
lodging.
Section G. Holidavs:
The legal holidays observed by the CITY shall include New Year's Day,
Martin Luther King Day,Presidenfs Day, Memorial Day, Independence Day,
Labor Day. Veteran's Day, Thanksgiving Day, day following Thanksgiving,
Christmas Day plus two floating holidays which will be credited in the form of
two additional personal leave days effective July 1st of each year as floating
holiday compensation.
Section H. Leave of Absence Without Pav:
A leave of absence without pay may be granted to an employee who is
required by medical authorities to extend sick leave or finds it necessary to
extend vacation leave beyond accumulated benefits. Said leave will
constitute a break in service and must be recommended by the appropriate
department head and approved by the CITY Administrator.
The employee on a leave of absence without pay may continue medical and
life insurance upon his/her payment of all premiums. Uniform allowance,
auto allowance, retirement credit, seniority in the pay plan, sick leave credit,
vacation credit and other fringe benefit credits shall not accumulate during
the leave of absence. ACCumulated seniority prior to the leave of absence
will not be lost.
Section I. Unauthorized Absences:
Absence without justifiable reason for three (3) consecutive working days
shall constitute automatic resignation (see Human Resources Rules and
Regulations).
Section J. Preanancv Leave:
A female employee will be granted leave for pregnancy involving
miscarriage. childbirth, or recovery therefrom. A leave with pay will be
Page 14 of 25
governed by accumulated sick leave anellor vacation benefits. A leave
without pay will be governed by the section ILeave of Absence Without Payl
(see Section VI). Said leave will be for a reasonable length of time not to
exceed 120 calendar days. Other employees will be granted leave to care
for dependents as set forth in emergency leave (see Section VI).
Section K. Personal Leave:
Each employee will be granted Personal Leave annually. This leave is
credited and available to the employee on July 1 of each year; it is not
cumulative. The amount of Personal Leave authorized is 16 hours per year
or, for personnel working a 4-10 schedule, 20 hours per year.
Section L. Emolovee Release Time:
1. ASSOCIATION Officers (maximum of 5) shalt be allowed to utilize a
cumulative total of one hundred and twenty (120) hours per year of release
time for ASSOCIATION business and attendance of ASSOCIATION related
functions including, but not limited to meetings, seminars and schools.
Release time shall be granted subject to minimum requirements of the
Department and is subject to Department Head and/or CITY Administrator
approval.
2. Association Representatives who are scheduled to work between the hours
of 5:00 pm and 7:40 am shall be released from duty at least 8 hours prior to
any scheduled meetings with the City/Department representatives
concerning matters within the scope of representation. When the meeting is
a formal meet and confer session regarding the negotiation of an MOU, such
release time shall not be charged to the one hundred and twenty (120) hours
time bank described in paragraph 1 above.
ARTICLE VII.
MISCELLANEOUS
Section A. Uniform Allowance:
Uniformed members of the Police Department shan receive:
a. Initial uniform allowance of $400.
b. Sworn personnel shall receive $100.00 per month. paid in a lump sum,
paid between the First and the Fifteenth of July. This increase is
effective July 1, 2006.
c. Non-Sworn personnel shall receive $66.67 per month, paid in a lump
sum, paid between the First and the Fifteenth of July. This increase is
effective July 1, 2006.
Page 15 of 25
d. Payments to non-sworn personnel shall be prorated on a monthly basis
to entry into Police Service~ Payments for sworn personnel shall also
be prorated on a monthly basis.
e. Personnel terminating employment shall reimburse the CITY for
unearned uniform allowance at the appropriate monthly prorated
amount.
f. CITY will furnish badge and safety equipment.
g. Employees hereafter assigned to the Special Operations Group (SOG)
shall receive a one-time Two Hundred ($200.00) dollar payment in
recognition of the additional uniform/equipment requirements.
h. Employees hereafter assigned to the Hostage Negotiations Team
(HNT) shall receive a one-time One Hundred Fifty ($150.00) dollar
payment in recognition of the additional uniform/equipment
requirements.
Section B. Residencv ReQuirement:
Employees hired on or after July 1. 1983, shall be required to establish and
maintain reSidency within 45 minutes normal driving time from the Gilroy
Police Station (this is mutually understood to include Los Banos).
Employees will have 18 months from their date of hire to comply with this
requirement. The Chief of Police shall have the right to waive enforcement
of this rule, in hislher sole discretion.
Section C. COrDoral:
Corporal shall be a permanent classification. The CITY may appoint
Corporals from either a Sergeants list or a Corporals list.
If a Corporals list is in effect, however, it shall be used until it has expired
under the CITY's Rules.
Section D. Trainina Time:
1 . When an employee is assigned to a training course away from home.
the location of the training course shall be determined as the
employee's work location for the period of training involved. Overtime
will be paid only if classroom time exceeds the designated work
schedule. For example. in the event that the class is twenty-four (24)
hours and the class hours are unequally distributed over three (3) work
days, no overtime will be paid unless the total classroom hours exceed
twenty four (24) hours.
Page 16 of 25
2. When an employee attends training, his/her schedule during the time of
training shall be considered an eight (8) hour workday and the
Department may alter the employee's regularly scheduled days off to
provide in-lieu days off if the training attended is on a regularly
scheduled day off. When an employee attends a 40 hour, 5 day school
or more. he/she will be considered to be on an a-hour workday
schedule and shall be entitled to two (2) days off that week and the
employees work schedule shall be automatically adjusted.
For example, an employee attending a 5 day school occurring Monday-
Friday will receive the preceding Sunday and the succeeding Saturday
off for that week. Employees attending school on their days off for less
than a 5-day, 40 hour school will be given the same number of days off,
on a day-for-day basis, (for example, if attending a 3aday/24 hour
school, the employee will work one additional 10 hour work day during
the work week and then get three days off. The employee will not owe
the City/Department 6 hours of time using this example.) within the
same Fair Labor Standards Act (FLSA) cycle at straight time. If days
off cannot be scheduled, the employee will receive compensation at the
time-and-and-half (1-112) rate.
Section E. Authorized Deductions:
The CITY agrees to deduct from the wages of its employees initiation fees
and dues, and to transmit such monies to the financial secretary of the
ASSOCIATION. An employee desiring to have such deductions made shall
sign a proper assignment form conforming to the requirement of the CITY,
subject to the provisions of applicable resolutions.
Section F. Peace Officers Bill of Riahts:
The parties mutually acknowledge the requirements of Section 3300 et.seq.
of the Government Code.
Section G. Contract Grievance:
It is the intent of the parties to this Agreement to provide an alternative
method of resolving employees grievances. Any dispute between CITY and
an employee, or, between the CITY and the Employee Organization
regarding:
. suspension without pay, demotions or removals and/or;
. the interpretation or application of any Article in this Memorandum of
Understanding (Agreement), shall be considered a .contract
grievance..
Page 17 of 25
Any affected employee(s) may elect to process a .contract grievance. under
Charter andlor the Human Resources Rules and Regulations, to the
Personnel Commission or the CITY Council in consideration of being granted
the right to proceed to arbitration under the contractual procedure. In no
event will any employee be allowed to pursue more than one appeal or
grievance procedure. This grievance procedure does not replace City
Charter Section 1004.
The employee is entitled to have representation at each step of the
procedure. All employee grievances shall be in writing, dated, and signed by
the employee and presented to his/her supervisor and shall clearly set forth
the basis for the arievance. The immediate supervisor(s) and each
reviewing officer, thereafter, shall prepare a written report of the result of
their efforts to solve this grievance.
1. Initially, aU grievances should be directed to the immediate supervisor
for solution.
2. In the event this employee-supervisor meeting does not answer or solve
within ten (10) calendar days the employee's problem or complaint, the
supervisor, at the employee's or Association's request, shall present the
matter to the division head or equivalent level management employee
as designated by management as appropriate. The presentation shall
be made in the presence of the employee or the employee's
reprsentative. The employee or his/her representative shan be allowed
adequate time to present hislher side of the matter.
3. In the event the matter is not adequately resolved within ten (10)
calendar days at the division head (or equivalent) level, the division
head, at the employee's or Association's request, shall present the
matter to the Chief of Police. This presentation shall be made in the
presence of the employee. The employee shall be allowed adequate
time to present his/her side of the matter.
4. In the event the matter is not adequately resolved within ten (10)
calendar days at the Department Head level, the whole matter, on the
same basis, shall then be clearly presented in writing from the
employee or the Association to the CITY Administrator, to include the
response received from the immediate supervisor and the Chief of
Police's decision.
Page 18 of 25
5. If an adequate solution to the matter is not resolved within ten (10)
calendar days at the CITY. Administrator level, the Association may
request, in writing, that the whole matter, on the same basis, proceed to
final and binding arbitration. An arbitrator shall be selected within 30
days.
6. In matters involving discipline, the arbitrator shall have the authority to
determine whether the CITY, in taking the disputed disciplinary action,
had just cause for such action, as cause is specifically defined by
Human Resources Rules and Regulations entitled .Causes of Removal,
Suspension, or Demotion., and shall have authority to uphold, reduce
or set aside the discipline. including reinstatement and restoration of
back salary.
7. In matters involving the interpretation or application of this
Agreement, the parties agree that the arbitrator shall not add to, subtract
from, change or modify any provision of this Agreement and shall be
authorized only to apply existing provisions of this Agreement to the
specific facts involved as to interpret only applicable provisions of the
Agreement.
8. The Arbitrator shall be selected by the alternative strike method from a
list provided by the State Mediation and Conciliation Service or such
other method the parties may select. The Arbitrator shall agree, as a
part of their engagement agreement, to issue their decision within 30
days of the completion of the hearing process. The Arbitrator shall be
required to make dates available within 45 days of their selection. If
they are unable to do so, another Arbitrator shall be selected.
The time limits set forth above may be waived but only by the mutual,
written agreement of the City and the Grievant/Association.
9. The CITY and Association shall share equally the cost of the arbitrator,
including both fees and expenses. Each party, however, shall bear the'
cost of its presentation including preparation and post hearing briefs.
Section H. Administrative ADDealslPolice Officers Bill of Riahts
When an officer believes that he/she has been subjected to .punitive action.
(defined as a written reprimand or transfer or reassignment for the purpose
of punishment, and for which no other appeal or grievance procedure is
available under this MOU or the City's Personnel Rules), the employee may
appeal such .punitive action- under this procedure.
Within ten (10) working days of receipt of notice of such punitive action the
employee shall first discuss it with hislher immediate supervisor, who shan
have five (5) working days to review and attempt to resolve the matter.
Page 19 of 25
If the supervisor cannot resolve the matter to the employee's satisfaction, or
fails to respond, the employee shall have the right to appeal the decision to
the Chief of Police within five (5) working days after receipt of the
supervisor's decision. The hearing before the Chief shall be informal in
nature and the rules of evidence will not apply. The employee shall have the
right to representation of hislher choice and the right to call witnesses and to
introduce evidence. At the conclusion of the hearing, the Chief shall have
five (5) working days to render a written decision.
If the employee is dissatisfied with the Chief's decision, the employee shall
have five (5) working days after receipt thereof to appeal the Chief's decision
to the City Administrator. The appeal shall be in writing and shall set forth
the basis of the appeal, the reasons therefore, and the proposed resolution.
The City Administrator (or his personal designee) shall hold a hearing within
ten (10) working days, under the same procedures as the hearing before the
Chief, and shall render a final, written decision addressing all issues in
dispute no late than ten (10) working days after the conclusion
of the hearing.
The time limits set forth herein may be extended by the mutual agreement of
the parties.
Adverse evaluations, although not discipline, may also be appealed pursuant
to this Section.
This procedure is in lieu of any other procedure or appeal under the MOU
and the CITY's rules, and shall be the sole administrative remedy available
to employees covered hereunder.
Attached for reference, and marked Exhibit II, is the template for a Record of
Counseling.
Section I. PERS:
Retirement plan options for all employees covered by this MOU shall be
those in effect under the current 3% at 50 retirement plan, including the
credit for unused sick leave option, the single highest year option, and the
PERS 1959 Survivors Benefit Level IV.
Section J. Work Schedules:
All Bargaining Unit employees shall have a workweek of seven (7) calendar
days, commencing at 0001 hours on Monday.
1. 4.10 Plan. All sworn empJoyees assigned to the Patrol Division shall
work on a weekly basis of ten (10) hours per day, four (4) days per
week, otherwise known as the 4.10 plan.
Page 20 of 25
2. Detective Schedules. Sworn emp'oyees assigned to the Detectives
Division shall work on a 4-10 work schedule. The. schedule may
provide for six (6) day per week coverage with individual schedules to
be determined by the Chief of Police.
3. N1S0 Work Sl(hedules. The Multi-Service Officers assigned to
evidence and other court duties may be assigned to work a 5-8
schedule (8 hours of work plus a 30 minute duty free lunch). All other
Multi-Service Officers shall continue to work a 4-10 schedule (10 hours
of work plus a 30 minute duty free lunch) for term of the Agreement
unless:
a. The CITY gives the GPOA prior notice of any proposed scheduling
change and an opportunity to meet and confer thereon; and
b. The change in scheduling is agreed or resolved through the
applicable impasse procedure(s).
The City and the Association shall evaluate the need for a duty-free
lunch as part of the MSO work schedule during the period between
January 1, 2007 and December 31, 2007. Anytime between July 1,
2007 and December 31, 2007 the Association may re-open
discussions on this aspect of the MSO work schedule.
4. Schedule chanoes. All unit members will normally be scheduled
consecutive work days and consecutive days off; with regular starting
and stopping times for each shift.
Except in cases of emergency. no employee shall have hislher shtft
changed or hislher starting or stopping times changed without at least
seven (7) calendar days advance notice prior to any change.
It is recognized that schedules may be altered to facilitate shift
changes, changes in assigned days off between shift changes, training
requirements, special operations, or emergency situations, including
the long term illness or disability on the part of department members. It
is not intended that employees will have their regular work schedule
changed on a Weekly or frequent basis.
5. Light Duty. Employees working light duty shall be assigned to work
either four (4) ten (10) hour days or five (5) eight (8) hour days
depending upon which schedule best suits their assignment; as
determined by the Chief of Police.
6. Flexible schedules. All bargaining Unit employees may, with the mutual
agreement of their supervisor, agree to flexible schedules or adjustment
of hours.
Page 21 of 25
Section K. Bulletin Boards:
The ASSOCIATION may install at its own expense, a bulletin board of
reasonable size and construction. The bulletin board shall be placed in a
location approved by CITY; it may be used for official ASSOCIATION
business, but may not be used to post inflammatory or defamatory material.
Section L. Shift Selection:
Shift selection shall be in accordance with Department Procedure Order 4.4.
Procedure Order 4.4 is attached and marked Exhibit III.
Section M. Council Packets:
The Gilroy Police Officers Association shall be entitled one copy of the CITY
Council packet for each Council meeting.
Section N. Phvsical Fitness Prooram:
The Physical Fitness Program shall remain in effect for the term of this
agreement. The Program document is attached and marked Exhibit IV.
Section O. Substance Abuse Policv:
The CITY and ASSOCIATION have agreed on the implementation of a
Substance Abuse Policy. The Policy is attached and marked Exhibit V.
Section P. Safety Vests
The Department shall provide safety vests for all unit employees and shall
replace them per the National Institute of Justice testing standards.
Section a. Probationary Period
The probationary period for newly hired employees shall be eighteen (1 B)
months. The probationary period for promotions shall remain unchanged.
Section R. Detective/ACT Vehicles
Procedure Order 3.9 guides the use of Detective and ACT vehicles. A copy
is attached and marked Exhibit VI.
Page 22 of 25
Section S. Non-Discrimination
Neither the City nor the Association shall discriminate against any employee
covered by this Agreement in a manner which wOUld violate any applicable
laws because of race, creed. color, national origin. age. sex, marital status.
disability, Association membership or non-membership.
Section T. Rotation of Special Assignment
The rotation of special assignments shall follow General Order No. 5.4 and
Policy No. 1004. A copy of General Order No. 5.4 and Policy 1004 are
attached and marked Exhibit VII.
Section U. DMV Pull Notice Program
Employees who are required to operate motorized vehicles on city business are
required to be safe drivers and operate vehicles in a safe manner. Employees
whose positions require that they operate vehicles on city business, must possess
and maintain a valid California drivers license appropriate for the job and vehicle(s)
to be operated. Employees required to operate motorized vehicles while on duty
must also either: (1) enroll in the CitYs department of motor vehicles employer pull-
notice program, or (2) provide the city with periodic updates of his or her driving
record.
,. If an employee enrolls in the DMV employer pull notice program. the employee
must fill out a City.specified enrollment/waiver form directing the DMV to provide
the City with periodic updates of the employee's driving record.
2. If an employee elects not to enroll in the DMV employer pull notice program, the
employee is responsible for providing the City with periodic updates of the
employee's driving record. These updates shall be provided annualty during the
month of January and every time the employee receives a citation or other entry
on his or her driving record which impacts his or her ability to operate a motor
vehicle while on duty. including but not limited to the revocation or temporary
suspension of the employee's drivers' license.
Section V. Lost or Damaged Equipment
In an effort to be consistent with what is practiced by all City Departments, and by
mutual agreement with the Gilroy Police Officers Association, the City of Gilroy
Police Department will discontinue the long standing practice of requiring
employees to reimburse the City of Gilroy for City issued equipment they have lost
and/or damaged due to negligence andlor misuse.
Loss andlor damage to any City property will be documented on a Property
Damage Report Form and reviewed by the Accident Review Board. Damage that is
the "faulf of the employee will be noted by the supervisor and included in annual
employee performance appraisals. Further, repeated lIat fault" property damage
Page 23 of 25
may be grounds tor disciplinary or other appropriate action given the cost to the
organization and community.
ARTICLE VIII.
PEACEFUL PERFORMANCE
During the life of this Agreement no work stoppages. strikes, slowdowns. or
picketing shall be caused or sanctioned by the ASSOCIATION, and no lockouts
shall be made by the CITY.
ARTlCLE IX. FULL UNDERSTANDING
Section A: Full Understanding
This Memorandum of Understanding sets forth the full and entire understanding of
the parties regarding the matters set forth herein; and any other prior or existing
understanding or agreements by the parties, whether formal or informal, regarding
any such matters are hereby superseded or terminated in their entirety, if they
conflict with this Memorandum of Understanding.
It is agreed and understood that each party hereto voluntarily and unqualifiedly
waives its rights to negotiate, and agrees that the other party shall not be required
to negotiate with respect to any matter covered herein during the term of this
Memorandum of Understanding. Nothing in this paragraph shall preclude the
parties from jointly agreeing to meet and confer on any issue(s) within the scope of
representation during the term of this Agreement.
Matters not included herein; which relate primarily to the scope of representation,
shall not be changed without the City first giving notice to the Association and
affording the Association the opportunity to meet and confer. Impasses regarding
such discussions shall be resolved consistent with Section 1004 (c) of the City
Charter as it existed on Jut}' 1. 1994.
Section B: Reopener for HR Rues and Regulations:
Upon request by the City, the City and Union agree to reopen negotiations on the
revised Human Resources Rules and Regulations to address any substantive
changes to the Human Resources Rules and Regulations occasioned by parallel
negotiations with AFSCME and IAFF. GPOA shall be provided with an opportuntty
to review and sign the final Human Resources Rules and Regulations prior to
adoption by the City Council.
Page 24 of 25
ARTICLE X.
SAVINGS PROVISION
If any provisions of this Memorandum of Understanding are held to be contrary to
law by a court of competent juriSdiction, such provisions will not be deemed valid
and subsisting except to the extent permitted by law, but all other provisions wilt
continue in full force and effect.
ARTICLE XI.
TERM
The Memorandum of Understanding represents the entire Agreement between the
CITY and ASSOCIATION on subjects contained herein and shall become of full.
force and effect on July 1, 2006, unless otherwise noted, and shall continue in full
force and effect until midnight June 30, 2009. The ASSOCIATION shall provide the
CITY with ms proposals for the period beginning July 1, 2009 no later than April 1,
2009.
FOR THE CITY OF GILROY:
/J~.tfL-
~a-han Ne tiator
Kim ullivan Ne otiator
.:;;' ;;-:-/--?~ - ~4 ~/
/-' . ~ - -Z~P-"--~"/'" ~
/~
Dated: ~ ,.,~ ~ ~.J
Page 25 of 25
EXHIBIT I
POLICE UNIT
SALARY SCHEDULE
(Effective July 1.2(06)
(2.50/. Increase)
Job Class/
Job Classification Title Salary Range Step A Step B Step C Step D Step E
Police Sergeant 700 SP35 6.855.17 7.198.08 7,557.25 7.936.17 8~32.17
82,262 86,377 90,687 95,234 99,986
Police Corporal 701 SP33 6,183.58 6,492.08 6.816.67 7,158.50 7,516.17
74,203 77,905 81 ,800 85,902 90,194
Police Officer 702 SP32 5,776.83 6,065.67 6,369.08 6.6U.92 7,021.83
69,322 72,788 76,429 80,243 84,262
Multi-Service Officer 751 NP30 5,359.58 5.627.17 5,909.42 6,204.58 6,514.83
64,315 67,526 70,913 74,455 78,178
NP = Non-Sworn Personnel Classifications
SP = Sworn Personnel Classifications
Holiday Pay: 6.37% of base pay in lieu of holidays (GPOA MOU Article IV, Section J).
Bilingual Pay: 5% of base pay based on Police Chiefs approval and test (GPOA MOV Article IV, Section K).
Malter Officer Pay: 5010 of base pay in lieu of specialty pays (GPOA MOV Article IV, Section E).
NP Classes receive $800.00 per year uniform allowance.
SP Classes receive $1,200.00 per year uniform allowance.
SP/Soo receive a one time $200.00 uniform/equipment requirement
SP/CIRT receive a one time $150.00 uniform/equipment requirement
SP!HNT receive a one time $150.00 unifonnlequipment requirement
SWORN PERSONNEL
5% Educational incentive available for an AA1AS Degree or an Intermediate POST Certificate.
7.5% Educational incentive available for a BAlBS Degree (or higher) or an Advanced POST Certificate.
(Maximum educational total: 7.50%)
NON-SWORN PERSONNEL
3.5% Educational incentive available for 30 college semester units Of Basic POST Certificate.
1.5% Educational incentive available for 60 college semester units or Intermediate POST Certificate.
(Maximllm educational total: 5%)
NOTE: The Pentamation system calculates salary increases on an annual basis.
The monthly salaries provided above are rounded figures.
Rev _ 4/07
POLICE UNIT
SALARY SCHEDULE
(Effective January 1,2007)
(1~. Increase)
Job Class!
Job Classification Title Salary Range Step A Step B Step C Step D Step E
Police Sergeant 700 SP35 6,923.75 7,270.08 7,632.83 8,015.50 8,415.50
83,085 87,241 91,594 96,186 100,986
Police Corporal 701 SP33 6,245.42 6,557.00 6,884.83 7,230.08 7,591.33
74,945 78,684 82,618 86,761 91,096
Police Officer 702 SP32 5,834.58 6,126.33 6,432.7S 6,753.75 7,092.08
70,015 73,516 77,193 81,045 85,105
Multi-Service Officer 75t NP30 5,413.17 5,683.42 5,968.50 6~66.67 6,580.00
64,958 68,201 71,622 75,200 78,960
NP = Non-Sworn Personnel Classifications
SP = Sworn Personnel Classifications
Holiday Pay: 6.37% of base pay in lieu of holidays (GPOA MOV Article IV, Section J).
Bilingual Pay: 5% of base pay based on Police Chiefs approval and test (GPOA MOV Article IV, Section K).
Master Officer Pay: 5% of base pay in lieu of specialty pays (GPOA MOV Article IV, Section E).
NP Classes receive $800.00 per year uniform allowance.
SP Classes receive $1,200.00 per year uniform allowance.
SP/SOG receive a one time $200.00 uniform/equipment requirement
SP/CIRT receive a one time $150.00 uniform/equipment requirement
SP/HNT receive a one time $150.00 uniform/equipment requirement
SWORN PERSONNEL
5% Educational incentive available for an AAJAS Degree or an Intermediate POST Certificate.
7.5 % Educational incentive available for a BAlBS Degree (or higher) or an Advanced POST Certi ficate.
(Maximum educational total: 7.500/0)
NON-SWORN PERSONNEL
3.5% Educational incentive available for 30 college semester units or Basic POST Certificate.
1.5% Educational incentive available for 60 college semester units or Intennediate POST Certificate.
(Maximum educational total: 5%)
NOTE: The Pentamation system calculates salaI)' increases on an annual basis.
The monthly salaries provided above are rounded figures.
Rev 4/07
POLICE UNIT
SALARY SCHEDULE
(Effective July 1, 2007)
(3% Increase)
Job Class!
Job Classification Title Salary Range Step A Step B Step C Step D Step E
Police Sergeant 700 SP35 7,131.50 7,488.17 7,861.83 8,256.00 8,668.00
85.578 89,858 94,342 99,072 104,016
Police Corporal 701 SP33 6,432.75 6,753.75 7.091.42 7,447.00 7,819.08
77,193 81,045 85,097 89,364 93,829
Police Officer 702 SP32 6,009.58 6,310.08 6,625.75 6,956.33 7,304.83
72,115 75,721 79,509 83,476 87,658
Multi-Service Officer 751 NP30 5,575.58 5,853.91 6,147.58 6,454.67 6,777.42
66,907 70,247 73,771 77,456 81,329
NP = Non-Sworn Personnel Classifications
SP == Sworn Personnel Classifications
Holiday Pay: 6.37% of base pay in lieu of hOlidays (GPOA MOV Article IV, Section J).
Bilingual Pay: 5% of base pay based on Police Chiefs approval and test (GPOA MOU Article IV, Section K).
Master Officer Pay: 5% of base pay in lieu of specialty pays (GPOA MOV Article IV, Section E).
NP Classes receive $800.00 per year uniform allowance.
SP Classes receive $1,200.00 per year unifonn allowance.
SP/SOG receive a one time $200.00 uniform/equipment requirement
SP/CIRT receive a one time $150.00 uniform/equipment requirement
SPIHNT receive a one time $150.00 uniform/equipment requirement
SWORN PERSONNEL
5% Educational incentive available for an AAI AS Degree or an Intermediate POST Certificate.
7.5% Educational incentive available for a BAlBS Degree (or higher) or an Advanced POST Certificate.
(Maximum educational total: 7.50%)
NON.SWORN PERSONNEL
3.5% Educational incentive available for 30 college semester units or Basic POST Certificate.
1.5% Educational incentive available for 60 college semester units or Intennediate POST Certificate.
(Maximum educational total: 5%)
NOTE: The Pentamation system calculates salary increases on an annual basis.
The monthly salaries provided above are rounded figures.
POLICE UNIT
SALARY SCHEDULE
(Effective July I, 20OS)
(2.50/. Increase)
Job Class!
Job Classification Title Salary Range Step A Step B Step C Step D Step E
Police Sergeant 700 SP35 7,309.75 7,675.33 8,058.42 8,462.42 8,884.67
87,717 92, 104 96,701 101,549 106,616
Police Corporal 701 SP33 6,593.58 6,922.58 7,268.67 7,633.17 8,014.58
79,123 83,071 87,224 91,598 96,175
Police Officer 702 SP32 6,159.83 6,467.83 6,791.42 7,130.25 7,487.42
73,918 77 ,614 81.497 85,563 89,849
Multi-Service Officer 751 NP30 5,715.00 6,000.25 6,301.25 6,616.00 6,946.83
68,580 72,003 75,615 79,392 83,362
NP = Non-Sworn Personnel Classifications
SP = Sworn Personnel Classifications
Holiday Pay: 6.37% of base pay in lieu of holidays (GPOA MO U Article IV, Section J).
Bilingual Pay: 5% of base pay based on Police Chiefs approval and test (GPOA MOU Article IV, Section K).
Master Officer Pay: 5% of base pay in lieu of specialty pays (GPOA MOD Article IV, Section E).
NP Classes receive $800.00 per year uniform allowance.
SP Classes receive $1,200.00 per year uniform allowance.
SP/SOG receive a one time $200.00 unifonnlequipment requirement
SP/CIRT receive a one time $150.00 unifonnlequipment requirement
SPIHNT receive a one time $150.00 unifonnlequipment requirement
SWORN PERSONNEL
5% Educational incentive available for an AAJAS Degree or an Intermediate POST Certificate.
7.5% Educational incentive available for a BAlBS Degree (or higher) or an Advanced POST Certificate.
(Maximum educational total: 7.50%)
NON-SWORN PERSONNEL
3.5% Educational incentive available for 30 college semester units or Basic POST Certificate.
1.5% Educational incentive available for 60 college semester units or Intennediate POST Certificate.
(Maximum educational total: 5%)
NOTE: The Pentamation system calculates salary increases on an annual basis.
The monthly salaries provided above are rounded figures.
EXHIBIT II
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Police Department
7301 Hanna Street
GILROY, CALIFORNIA
95020
Telephone (408) 846--0310
FAX: (408) 846--0387
http://www.ci.qilrov.ca.us
Gregg Giusiana
POLICE CHIEF
Date: 318107
To: Officer
Cc: Captain, Working File
From: Supervisor
RE: Record of Counseling
This is not intended to be maintained as part of the personnel fiE. tt shall be retained in a
wor1<ing fiE for a period of two years and is used for emp~ evaluation purposes.
[ Click here and type your memo text ]
3305 Government Code- Comments adverse to inter~t: personnel files: QPpot'hlni~
to ~ad atl~ s.i,p: ref\JsaJ to si,p
No public safety officer shall have any cosnment advene to his interest entered in his
personnel ~ or any other file used for any pczonnel pwposes by his employer, without
the public safety officer having fint read and signed the instrument cootain1ng the adverse
comment indicating he is aware of such comment, except that such entry may be made if
after reading such instrument the public safety officer refuses to sign it. Should a public
safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed
by such officer.
3306 Government Code- Response to adverse comment in personnel file; time
A public safety officer shall have 30 days within which to:file a written response to any
adverse comment entered in his pet50Dtlel file. Such written response shall be attached to.
and shall accompany. the adverse comment
To the employee:
I have read the Record of Counseling. and understand my rights of attachment
under the Government Code Sections listed above. I also acknowtedge this
Record of Counseling will be placed in a working file and could be included in an
Annual Personnel Evaluation. I further understand I may have additional rights
under the Peace Officers Bill of Rights Act. other state or federal laws. the MOU
between the City of Gilroy and GPOA, GPO Policy Manual, and I or City of Gilroy
ordinances or rules.
Comments Attached (circle one) YES J NO
Employee:
Date:
Supervisor:
Date:
EXHIBIT III
PROCEDURE ORDER PO.. 4.4
SHIFT SELEC1lON
APOPTED: NOVEMBER 13, 1997
REVISED: NONE
BY ORDER OF
GREGORY J. GIUSIANA
CHIEF OF POLICE
PURPOSE:
The Gilroy Police Department understands that shift work can create hardships
on employees and that constant changing of work shifts can affect the efficiency
of employees. It is the desire of the department to stabilize. to the extent
possible, the work hours of its employees. The department further desires to
ensure that it is operating efficiently while giving the employee flexibility to meet
their needs.
PROCEDURE:
I. Patrol shift rotation win occur every six months. The shift rotation will 'occur
on the first Monday in January and the first Monday in July unless that day
is a holiday, in which case the rotation will occur on the second Monday of
the month.
II. Employees assigned to patrol will select their team on a seniority basis
within their respective ranks.
tll. Sign-up sheets will be placed in the briefing room a minimum of one
month prior to the shift change. Each employee is encouraged to sign up
as soon as possible after the person ahead of them has selected.
IV. Exceptions to seniority shift bidding may be made by the department
based upon the legitimate operational needs relating to sexual
harassment issues, The Americans with Disabilities Act or other legal
requirements or restrictions which the City or Department must follow.
P0-4A.1
Shift Selection
Procedure Order PO-4A
V. Employees may also be assigned to specific teams for legitimate
organizational needs such as the distribution of probationary employees,
training requirements or personnel hardships. Such assignments shall be
limited in number. No more than ten percent (10%) of the employees
assigned to patrol, rounded to the nearest whole number, may be
assigned through this process during any single shjft change.
VI. When an employee is going to be assigned to a team under the provisions
in Sections 0 & E, the Field Operations Commander will notify the POA
President of the assignment.
VII. When exceptions are made to the seniority bidding process, they shall be
made in such a way as to minimize the impact on seniority.
VIII. The department retains the exclusive right to determine team and shift
staffing levels consistent with the provisions of the MOU.
By order of:
.$~
Grego J. Giusiana
Chief of Police
P0-4.4.2
EXHIBIT IV
LeeAnne McPhillips
7351 Rosanna St
Gilroy Calif
95020
Dear Leanne,
I have acted as a personal trainer for the past 10 years and am certified by Aerobic
Pipeline.
Since 1995 1 have acted as the facilitator for the Gilroy Police Departments Bi.annual
Fitness Incentive Program testing when it was administered by Bin Perkins of Gavilan
College. When Bi111eft in 1999 I assumed his position.
The testing is done twice a year (Sept/Oct and Mar/Apr) for the Sworn Officers and
MSO's. However, nOD-sworn employees are not discouraged from participating. Only
the Sworn Officers and MSQ's are able to accrue Compensatory time offtbrough
successful completion of the Fitness lncentive Program through the <'Maintenance"
category or uImprovement" category.
Within the <Maintenance" category an employee has tbe incentive of earning between
10 and 20 hrs of Compensatory time off every six months (20 and 40 hrs annually)
simply by maintaining a fitness level which is determined by the number of points
acquired by completing 7 fitness events. These events include: 1) Resting heart rate; 2)
Resting blood pressure; 3) Percent body fat~ 4) 1.5 mile walk/run; S) Flexibility; 6) Sit-
ups; 7) Pushups.
Within the "Improvement" category an employee can earn Compensatory time offby
consistently improving every six months.
If you have any further questions please feel free to contact me. Thanks.
Sincerely,
Noel Provost
Fitness Incentive Proa;ram
Six Month Incentive Criteria
Within the "Maintenance" catagory, an employee can earn hours off simply by maintaining
a weUness I fitness level of28 total points or above. The higher the points earned, the
higher the hours ofT awarded.
~
40
39
38
37
36
35
34
33
32
31
30
29
28
Maintenance Prosram
20 hours Compensatory time off
20
20
20
20
20
18
16
14
12
]2
10
10
Within the "Improvement" catagory. an employee can only earn hours offby consistently
improving every six months.
~
27
26
2S
24
23
22
2]
20
19
18
17
16
15
14
13
12
11
10
9
8
Improvement Program
3 point increase == 5 hours I 6 point increase = 10 hours
3 point increase;JC 5 hours 16 point increase == 10 hours
3 point increase == 5 hours I 6 point increase::. 10 hours
3 point increase == 5 bours I 6 point increase == 10 hOUTS
3 point increase = 5 bours I 6 point increase = 10 hours
3 point increase == 5 bours I 6 point increase == 10 hours
3 point increase = 5 hours I 6 point increase == 10 hours
2 point increase = 5 hours I 4 point increase = 10 bours
2 point increase = 5 hours I 4 point increase = 10 hours
2 point increase = 5 hours I 4 point increase = 1 0 hours
2 point increase = 5 hours I 4 point increase == 10 hours
2 point increase = 5 hours I 4 point increase == 10 hours
2 point increase = 5 hours I 4 point increase = 10 hours
2 point increase = 5 hours I 4 point increase == 10 hours
2 point increase = 5 hours I 4 point increase;:: 10 hours
2 point increase;:: 5 hours I 4 point increase;:: 10 hours
2 point increase ;:: 5 hours I 4 point increase = 10 hours
2 point increase = 5 hours I 4 point increase == 10 hours
2 point increase = 5 hours I 4 point increase 0::: ] 0 hours
2 point increase = 5 hours I 4 point increase;:: ] 0 hours
WHAT IS BODY FAT PERCENTAGE!
Body fat percentage is the percentage of fat in your body. Until now, your absolute
weight has detennined whether or not you were considered obese. In recent years,
however. the definition of obesity has been refined to mean the presence of excess body
fat. Iftbe body fat percentage ofa man exceeds 30% of his total weight, or that ofa
woman exceeds 35% of her total weight, he or she is considered to be obese. Too much
body fat has been linked to conditions such as high blood pressure, heart disease, diabetes.
cancer, and other disabling conditions.
males
females
Healthy body rat range
Under 30 yrs old Over 30 yrs old
14% - 20% 1"P'/. - 23%
17% - 24% 200/. - 27%
BODY FAT PERCENTAGE MEASUREMENT
This system uses the BIA (Bioelectrical Impedance Analysis) technique. In this method,
a low frequency electrical current is passed through the body. It is difficult for a current
to flow through fat in the human body. but easy to flow through moisture in the muscle.
The difficulty witb which a current flows through a substance is called electrical resistance.
So the amount of fat in the body can be estimated by measuring the electrical resistance.
The current used for measurement is very low. making it safe and imperceptible.
BODY FAT PERCENTAGE FJ...U~ATIONS IN A DAY
F or the most accurate reading. a person should measure body fat percentage in the
evening before sleeping because electrical resistance usually increases during sleep and
decreases while the body is active. While readings taken at other times of the day may not
have the same absolute value, they are accurate for detennining the percentage of change
as long as the reading is done at a consistent time each day.
Besides the basic cycle of fluctuations in the daily body fat percentage, variations may be
caused by changes of moisture content in the body due to eating, drinking. menstruation,
urination, illness, exercising, and bathing. Daily body fat percentage fluctuation is unique
for each person, and depends upon their electrical resistance cycle, life style, job, and
activities.
ADVANTAGES OF THIS SYSTEM
Previously. body rat percentage was detennined by measuring the thickness of
subcutaneous fat by pinching it with calipers, or by laying a person on a scanning bed and
passing a current from hand to foot. However. these methods had problems; measurement
values varied, professional skins were required. and extensive time was required for
measurement. Currently. the standard method of rat percentage measurement is the
underwater weighing method.
Based on data from both the underwater weighing and DEXA (dual energy x-ray
absorbsiometry) methods of measuring. this system has established a formula for
estimating the body fat percentage. There is a high correlation between measurements
taken with this system and those obtained through the underwater weighing and DEXA
methods.
NAME: AGE: HOT: WGT: DATE:
- -
AGE GROUP 20 YR3 TO 29 YJlS.
I) RESTING HEARTRATE:_ YOUR'SCORE:_
fit score males females
5 ~ro !~
4 61.67 66.72
3 ~-TI n-~
2 ~.~ N-M
I ~W ~~
2) RESTING BLOOD PRESSURE:_
fit score males
systolic diastolic
5 .:5112 '5:72
4 113.118 73 . 76
3 119-122 77-80
2 123 - 130 81 - 84
I ~ 131 ~85
3) PERCENTBODYFAT:_
fit SCOTC males
5 $11.9
4 12.0 - 16.1
3 16.2 - 20.0
2 20.1 - 25.4
1 ~25.5
4) 1.5 MILE WALKlRUN:_
fit score males
10 5 11:29
8 Il :30 . 12:09
6 12:10 - 13:24
4 13:25 - 14:29
2 ~ 14:30
5) FtEXABUJTY:_
fit score males
5 ~ 15.75
4 14.00. ]5.50
3 12.00 - 13.75
2 10.50 - 11.75
1 ~ 10.25
6) SITIJPS:_
fitllCOJe males
S ~52
4 44 - 51
3 35 - 43
2 24 - 34
I 0 .23
7) PUSHUPS:_
fit score males
5 ~40
4 34 - 39
3 27 - 33
2 21 - 26
1 o .20
YOUR SCORE:_
females
systolic
5100
t01 - 110
111 - 116
117.120
~ 121
diastolic
568
69 - 72
n-76
77-80
~81
YOUR SCORE:_
females
.:515.0
15.1 .20.0
20.1-24.6
24.7 - 30.0
~30.4
YOUR SCORE:_
fc:ma1es
'S 13:39
13:40-15:09
15:10.15:54
15:55 . 17:54
~ 17:55
YOUR SCORE:_
females
~ 16.50
14.75 - 16.25
12.75 -14.50
10.75 - 12.50
~ 10.50
YOUR SCORE:_
females
~S2
44 - 51
35 - 43
24 - 34
o -23
YOUR SCORE:_
females
~25
20 - 24
14 . 19
9 .13
o - 8
TOTAL SCORE:
-
NAME: AGE: HGT:_WGT:_DATE:
AGE GROUP 30 YRS TO 39 YRS
1) RESTINGHEARTRATE=- . YOURSCORE:_
fit saxe males females
5 ~W ~~
4 61 ~ 67 66.72
3 68-73 73-78
2 74 ~ 79 79 - 84
] ~80 2:85
2) RESTING BLOOD PRESSURE:_
fit score males
systolic diastolic
5 ~ 110 ::::74
4 III . 120 75 - 78
3 121 . 124 79-80
2 125 - 132 81 - 88
1 2: 133 ~89
3) PERCENTBODYFAT:_
fit san males
5 $14.9
4 15.0 - 18.6
3 18.7 - 21.B
2 21.9-25.9
1 ~26.0
4) 1.5 MILE WALKIRUN:_
fitsoore males
10 ~ 11:49
8 It :50 - 12:54
6 12:55 - 13:44
4 13:45 - 14:44
2 ~ 14:45
5) R.EXABILITY:_
fitsoore males
5 ~ 15.75
4 14.00 - 15.50
3 12.00 - 13.75
2 10.50.11.75
1 ~ 10.25
6) SITUPS:_
fit score males
5 ~50
4 42 - 49
3 32 - 41
2 21 - 31
1 0 -20
1) PUSHUPS:_
fit score males
5 2: 37
4 31 - 36
3 24 - 30
2 18 -23
I o .17
YOUR SCORE:_
females
systolic
~ 100
105 ~ 110
111-118
119 -122
~ 123
diastolic
::::68
71 - 74
75 - 80
81 - 82
~83
YOUR SCORE:_
females
~ 16.8
16.9 - 21.1
212-25.0
25.1 - 30.6
2: 30.7
YOUR SCORE:_
females
S 13:54
13:SS - 15:14
15:15 - 16:04
16:05 . 18:24
2: 18:25
YOUR SCORE:_
females
~ 16.50
14.75 . 16.25
12.75 - 14.50
10.75. 12.50
~ 10.50
YOUR SCORE:_
females
;:;50
42 - 49
32 - 41
21 - 31
o .20
YOUR SCORE:_
females
~23
18.22
12 - 17
7 - II
o - 6
TOTAL SCORE:_
NAME: AGE:_HGT: WGT:_DATE:
AGE GROUP 40YRS TO 4.9 YRS
1) RESTD"fG HEART RATE:_ YOUR. SCORE:_
fit score males fc:males
5 ~ro S~
4 61-67 66-72
3 ~-n n-~
2 ~-~ N-M
1 ~80 ;:::85
2) RESTING BLOOD I'RESSURE:_
fit score males
5
4
3
2
1
YOUR SCORE:_
females
systolic
~ 111
112 - 120
121 - 126
127 - 136
~ 137
systolic
.::: 105
106 - 112
113-118
119 - 126
~ 127
diastolic
~70
71 - 74
75 - 80
81 - 82
~83
diastolic
~76
77-80
81 - S4
85 - 90
~91
males
.:: 16.7
16.8 - 20.4
20.S - 23.4
23.S - 27.2
2:27.3
YOUR SCORE:_
females
.:: 19.9
20.0 - 24.1
24:2 - 27.5
27.6 - 31.5
2: 31.6
3) PERCENTBODYFAT:_
fitsrore
5
4
3
2
1
4) J.S MlLE WALKIRUN:_
fit score males
10 ~ 12:04
8 12:05 . 13:24
6 13:25 - 14:14
4 14:15 - 15:19
2 ~ 15:20
YOUR SCORE:
females -
~ 15:09
15:10 - 16:04
16:05 - 1754
J 1:55 - 19:29
2: 19:30
5) Fl..EXABILITY:_
fit score
5
4
3
2
I
6) Sl11JPS:_
fitscorc
5
4
3
2
1
7) PUSHUPS:_
fit score
5
4
3
2
J
males
2: 15.50
13. 75 - 15.25
11.75 . 13.50
10.25 - 11.50
~ 10.00
YOUR SCORE:_
females
~ 16.25
14.50 - 16.00
12.50 - 14.25
10.50 - 12.25
:510.25
males
2:47
39 - 46
28 - 38
17 - 27
o -16
YOUR SCORE:_
females
~47
, 39 - 46
28 - 38
17 -27
o -16
males
2:34
28 - 33
21 -27
J 5 - 20
o -14
YOUR SCORE:_
females
2: 18
14-17
9 - 13
5 - 8
o -4
TOTAL SCORE:
NAME: AGE: HGT: WGT:_DATE:
AGE GROllP 50 YRS TO S9 ~
I) RESTING HEART RATE:_ Y9UR SCORE:_
fit score males females
5 ~ 60 ;5 65
4 61 - 61 66 - 72
3 68-73 73-78
2 74 - 79 79 . 84
1 ~ 80 ~ 85
2) RESTING BLOOD PRESSURE:_
fit score lll8Iles
systolic diostolic
5 :5116 :5 78
4 117 -122 79 - 80
3 123 - 130 81 - 86
2 131 - 140 87-90
1 ~ 141 ~ 91
3) PERCENT BODY FAT:_
fitscorc malcs
5 ~ 18.1
4 18.2-21.7
3 21.8 .24.7
2 24.8 - 2&.3
1 ~28.4
4) 1.5 MD..E WALKIRUN:_
fitscon: males
10 :512:54
8 12:55 - 14:04
6 14:05 - IS:<l9
4 15:15-16:04
2 := 16:<lS
5) FLEXABll.lTY:_
fit score males
5 ~IS.2S
4 13.50 - 15.00
3 11.50 - 13.25
2 10.00 -11.25
1 :5 9.75
6) SI11JPS:_
fit score males
5 ~44
4 36 - 43
3 24 . 35
2 13 - 23
] o -12
7) PUSHUPS:_
fit score males
5 := 30
4 24 - 29
3 17 - 23
2 11 - 16
I o - 10
YOUR SCORE:_
females
systolic
:5 110
111-120
121 - 126
127 - 140
~ 141
diastolic
:5 70
71 - 78
79-82
83 - 90
~ 91
YOUR SCORE:_
females
~23.1
23.2 - 27.3
27.4 -30.7
30.8 - 34.9
~35.0
YOUR SCORE:_
females
:5 15:44
15:45 - 17:29
17:30 - 18:54
18:55 - 20:29
~ 20:30
YOUR SCORE:_
feme.les
~ 16.00
14.25 - 15.75
12.25 - 14.00
10.25 - 12.00
:510.00
YOUR SCORE:_
females
:=44
36 - 43
24 - 35
13.23
o -12
YOUR SCORE:_
females
~14
10 - 13
6-9
3 .5
o - 2
TOTAL SCORE~_
EXHIBIT V
ALCOHOL AND CONTROLLED SUBSTANCE ABUSE POLICY
I. PURPOSE
It is the intention of this policy to eliminate alcohol and
substance abuse and its effects in the workplace. While the
City of Gilroy has no intention of intrudinq into,t~e private
lives of its employees, involvement with alcohol or
controlled substances off the job can take its toll on job
performance and employee safety. Our concern i,8 that
employees are in a condition to perform their duties safely
and efficiently, in the interest of their fellow workers and
the public as well as themselves. The presence of alcohol or
controlled substances on the job, and the influence ~f
alcohol or substances on employees during workin9 hours, are
inconsistent with this objective.
This policy provides guidelines for the detection and
deterrence of alcohol or substance abuse. It also outlines
the responsibilities of City Managers and employees. To that
end the City will act to eliminate any alcohol or substance
abuse (illegal drugs, prescription drugs or any other
substance which could impair an employee's ability to safely
and effectively perform the functions of the particular job)
which increases the potential for accidents, absenteeism,
substandard performance, poor employee morale or damage to
the City'S reputation. All persons covered by this policy
should be aware that violation of the policy may result in
discipline, up to and including termination, or in not being
hired.
Supervisors will be trained to recognize abusers and become
involved in this control process. Alcohol and substance
abuse will not be tolerated, and disciplinary action up to
and including termination, will be used as necessary to
achieve this goal.
In recognition of the public service responsibilities
entrusted to the employees of the City, and that alcohol and
substance abuse usage can hinder a personts ability to
perform duties safely and effectively the following policy
against alcohol and substance abuse is hereby adopted by the
City.
-1-
II. POLICY
It is City policy that employees shall not be under the
influence or of in possession of alcohol or controlled
substances: nor possess alcohol or drugs while on City
property, in City vehicles, at work locations, while on duty
or subject to being called to duty~ nor sell or provide
alcohol or drugs to any other employee or to any person while
such employee is on duty or subject to being called, nor have
their ability to work impaired as a result of the use of
alcohol or drugs.
While proper use of medically prescribed medications and
drugs is not a violation of this policy, failure by the
employee to notify his/her supervisor, before beginning work,
when taking medications or drugs which could foreseeable
interfere with the safe and effective performance of duties
or operation of City equipment can result in discipline, up
to and inclUding termination. In the event there is a
question regarding an emPloyee's ability to safely and
effectively perform assigned duties while using such
medications or drugs, clearance from a City approved
physician may be required.
Upon reasonable suspicion, the City reserves the right to
search, without employee consent, all areas and property
which the city controls or has joint control with an
employee, including but not limited to City owned or leased
vehicles, lockers, tool boxes, cabinets (employee's), desks,
etc. Otherwise the City may notify the appropriate law
enforcement agency that an employee may have illegal drugs in
his or her possession or in an area not jointly or fully
controlled by the City.
The City may require employment physical exams upon
employment with the City. When reasonable suspicion exists,
refusal to submit immediately to an alcohol or controlled
substance analysis when requested by the City Administrator
and/or Department Heads or law enforcement personnel may
constitute insubordination and may be grounds for refusal to
hire or discipline.
Employees reasonably believed to be under the influence of
alcohol or drugs shall be prevented from engaging in further
work and shall be required to arrange for safe transportation
from the work site.
DEFINITIONS:
DRUG TEST: The compulsory production and submission of urine
by the employee, (or blood, in accordance with the language
in Attachment lA Section A) in accordance with departmental
procedures, for chemical analysis to detect the presence or
absence of controlled substances.
-2-
REASONABLE SUSPICIOl!: That quantity of factual information
which can be articulated which is more than mere speculation
but less than probable cause and can lead a reasonable person
to arrive at the conclusion set forth.
III. EMPLOYEB ASSISTANCE PROGRAM
A major focus of this program is to provide assistance to
employees in overcoming alcohol or substance abuse problems.
Employees who think they may. have an alcohol or substance
abuse problem are urged to voluntarily seek confidential
assistance from the Employee Assistance Program. The City
will be supportive of those who seek help voluntarily. The
City will be equally firm in identifying, refusinq to hire
and disciplining those who violate this policy.
The City is committed to providing reasonable accommodation
to those employees whose alcohol or substance abuse problem
classifies them as handicapped under Federal and/or State
law.
The City has established a voluntary Employee Assistance
program (EAP) to assist those employees who voluntarily seek
help for alcohol or substance abuse problemsa Employees
should contact their supervisors or the RAP for additional
information (1-800-227-1060). The city may send employees to
the EAP as partial resolution of a substance abuse problem.
IV. APPLICA.~ION
This policy applies to all employees of and to all applicants
for positions with the City. This policy applies to any
alcohol use and all substances, drugs, or medications, legal
or illegal, which could impair an employees ability to
effectively and safely perform the functions of the job.
V. EMPLOYEE RESPONSIBILITIES
An employee must:
A. not report to work or be subject to duty (formal standby
or equivalent) while his/her ability to perform job
duties is impaired due to on or off duty use of alcohol
or controlled substances;
B. not possess or use alcohol or impairing drugs (illegal
drugs and prescription drugs without a prescription)
during working hours or while subject to duty, on
standby, on breaks, during meal periods or at any time
while on City property; (exception - Officers using
alcohol or handling drugs under direction of the
Department) ;
-3-
c. not directly or through a third party sell or provide
alcohol or drugs to any person, including any employee,
while either employee or both employees are on duty or
subject to being called;
D. submit immediately to an alcohol or substance- abuse test
when requested by a responsible city representative (in
accordance with Section 6.B. below);
E. notify his/her supervisor, before beginning work, when
taking any medications or drugs, prescription or non-
prescription, which may interfere with the safe and
effective performance of duties or operation of
equipment; and
F. provide within 24 hours of request bona fide verification
of a current valid prescription of any potentially
impairing drug or medication identified when a substance
abuse screen/test is positive. The prescription must be
in the employee's name.
G. Notify the City, within five (5) days, of any criminal
convictions for drug related offenses involving the
workplace.
VI. MANAGEMENT RESPONSIBILITIES AND GUIDELINES
A. The City shall provide each employee with a copy of this
policy.
B. The Personnel Director shall be responsible for notifying
the Federal contracting agency of any criminal .
convictions of employees for drug related activity in the
workplace within ten (lO) days after receiving notice of
such convictions.
c. The City shall maintain a drug-free awareness program
advising employees about:
The dangers of drug abuse in the workplace;
,The City's policy of maintaining a drug-free
workplace;
The availability of the City's EAP and other
rehabilitation programs;
The penalties that may be imposed for drug/alcohol
abuse violations.
D. Managers and Supervisors are responsible for reasonable
enforcement of this policy.
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B. Any Department -employee may be required to submit to an
alcohol or substance abuse test upon documented
REASONABLE SUSPICION that an employee is under the
influence of alcohol or drugs while on the job or subject
to being called. At least two management supervisory
level personnel shall be involved in any decision to
order a drug/alcohol test. At least one of whoa shall be
at the department head level. This is not a random
testing process.
1. The alcohol or substance test may test for alcohol or
substances which could impair an employees ability to
effectively and safely perform the functions of
his/her job, including, but not limited to,
prescription medications, heroin, cocaine, morphine
and its derivatives, P.C.P., methadone, barbiturates,
amphetamines, marijuana and other cannabinoids.
For example, any of_ the following, alone or in combination,
may constitute reasonable suspicionl
1. Alcohol odor on breath~
2. Slurred speech;
3. Unsteady walking and movement;
oj. An accident involving City property: if in combination
with other elements of reasonable suspicion.
S. Physical and/or verbal altercation (excluding police
personnel properly performing their duties);
6. Unusual behavior~ meeting the test of reasonable
suspicion.
7. Possession of alcohol or drugs;
8. Information obtained from reliable person with personal
knowledgi meeting the test of reasonable suspicion.
F. Any Manager or Supervisor requesting an employee to
submit to an alcohol or substance abuse test shall
document in writing the facts constituting reasonable
suspicion that the employee in question is under the
influence of alcohol or drugs.
G. Any Manager or Supervisor encountering an employee who
refuses an order to submit to an alcohol or substance
abuse analysis upon request shall remind the employee of
the requirements and disciplinary consequences of this
policy. Where there is reasonable suspicion that the
employee is then under the influence of alcohol or drugs,
the Manager or Supervisor should retain the employee for
a reasonable time until the employee can be safely
transported home.
H. Managers and Supervisors shall not physically search the
person of employees, nor shall they search the personal
possession of employees without the freely given consent
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of, and in the presence of, the employee.
I. Managers and Supervisors shall notify their' Department
Head or designee when they have reasonable suspicion to
believe that an employee may have alcohol or illegal
drugs in his or her possession or in an area not jointly
or fully controlled by the City. If the Department Head
or designee concurs that there is reasonable suspicion of
alcohol or illegal drugs possession, the Department Head
shall notify the appropriate law enforcement agency.
J. Substance testing shall be conducted in accordance with
the provisions of Attachment lA.
VI I. RESULTS OF ALCOHOL AND SUBSTANCE ABUSB ANALYSIS
A. pre-employment Physicals
1. If the substance abuse screen is positive at the pre-
employment physical, the applicant must provide within
24 hours of request bona fide verification of a valid
current prescription for the substance identified in
the substance abuse screen. If the alcohol test
reflects positive, the applicant must provide a
verifiable and acceptable explanation for the test
result. If the prescription is not in the appl~cants
name or the applicant does not provide acceptable
verification, or if the alcohol or substance abuse is
one that is likely to ~pair the applicant's ability
to perform the jOb duties, the applicant may not be
hired.
B. During Employment Tests (Reasonable Suspicion)
1. A pre-test interview will be conducted with each
employee in order to ascertain and document any recent
use of significant exposure to controlled substances.
2. A positive result from an alcohol or substance abuse
analysis may result in disciplinary action, up to and
including discharge.
3. If the substance abuse screen is positive, the
employee must provide within 24 hours of request bona
fide verification of a valid current prescription for
the substance identified in the alcohol or substance
abuse screen. The prescription must be in the
employee's name. If the employee does not provide
acceptable verification of a valid prescription or if
the prescription is not in the employee's name, or if
the employee has not previously notified his or her
supervisor, the employee will be subject to
disciplinary action up to and including discharge. If
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the alcohol test reflects positive, the applicants
must provide a verifiable and acceptable explanation
for the test result.
4. If an alcohol test reflects alcohol content or the
substance abuse screen is positive, the City shall
conduct an investigation to gather all facts. The
decision to discipline or discharge or assist with
rehabilitation will be carried out in conformance with
the City' s rules.
VIII.
CONFIDENTIALITY
Laboratory reports or test results shall not appear in an
employee's general personnel folder. Information of this
nature will be contained in a separate confidential medical
folder that will be securely kept under the control of the
Human Resource Director. The reports or test results may be
disclosed to the City management on a strictly need-to-know
basis and to the tested employee upon request. No
unauthorized access to the confidential files will be
permitted under any circumstances. DiSClosures, without
patient consent, may also occur when: (1) the information is
compelled by law or by judicial or administrative"process;
(2) the information has been placed at issue in a formal
dispute between the employee and employer; (3) the
information is to be used in administering an employee
benefit plan~ (4) the information is needed by medical
personnel for the diagnosis or treatment of the patient who
is unable to authorize disclosure.
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TESTING PROCESS AND STANDARDS
Substance testing shall comply with the following standards and
procedures:
A. The drug testing process shall be one that is scientifically
proven to be at least as accurate and valid as urinalysis using
an immunoassay screening test, with all positive screening
results being confirmed utilizing gas chromatography/mass
spectrometry before a sample is considered positive. The
alcohol testing process shall be one that is scientifically
proven to be at least as accurate and valid as urinalysis using
an enzymatic assay screening test, with all positive screening
results being confirmed using gas chromatography before a
sample is considered positive. In all instances where this
policy refers to a urinalysis, the employee may elect to
utilize a blood test in lieu of the urinalysis provided that
the blood test will properly screen for the substance for which
the City is testing.
B. Substance to be tested for shall include, but are not limited
to:
1. Amphetamines and Methamphetamines
2. Cocaine
3. Marijuana/Cannabinoids (THe)
4. Opiates (narcotics)
5. Phencyclidine (PCP)
6. Barbiturates
7. Benzodiazepines
8. Methaqualone
9. Alcohol
In addition, with the approval of the Human Resources
Department, testing may be conducted for other controlled
substances when the appointing authority reasonably suspects
the use of other substances.
c. After consulting with expert staff of the laboratory or
laboratories selected to perform the testing under this
Article, the Personnel Department shall set test cutoff levels
that will identify positive test samples when minimizing false
positive test results. Cutoff levels for the most common
substances are as follows:
-8-
Drua
Level*
Amphetamines
Amphetamine Metham
300
Barbiturates
Opiates
Pbencyclid
*Nanograms per milliliter
300
300
100
300
7S
Cocaine
Cannabinoids
Alcohol .02\ gm/deciliter
(sensitivity equivalent, to .08\ by weight)
D. Test samples will be collected in a clinical setting such as a
laboratory collection station, doctor's office, hospital or
clinic or in another setting approved by the Buman Resources
Department on the basis that it provides for at least an
equally secure and professional collection process. The Human
Resources Department shall specify procedures to ensure that
true samples are obtained and that the employees' privacy is
reas~nably maintained.
E. The Human Resources Department shall specify measures to ensure
that a strict chain of custody is maintained for the sample
from the time it is taken, through the testing process, to its
final disposition.
F. Drug/alcohol tests shall be performed by a commercial
laboratory selected based on its meeting standards that are the
same as those used by the National Institute on Drug Abuse
(NIDA) to certify laboratories engaged in urine drug testing
(or blood testing pursuant to Section A) for Federal agencies
(Mandatory Guidelines for Federal Workplace Drug Testing
Program, Federal Register, Vol. 53, No. 69) or those used by
the College of American pathologists (CAP) to accredit
laboratories for forensic urine drug testing (or blood testing
pursuant to Section A) (standards for Accreditation, Forensic
urine,Drug Testing Laboratories, College of American
pathologists) .
G. The sample collection process shall include the opportunity for
the employee to provide 'information about factors other than
illegal drug use, such as taking legally prescribed medication,
that could cause a positive test result. At the employee's
option, this information may be submitted in a sealed envelope
to be opened only by the Medical Review officer if the test
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result is positive.
B. The employee shall receive a full copy of any test results and
related documentation of the testing process.
I. All confirmed positive samples shall be retained by the testinq
laboratory in secure storage for one year following the test or
until the sample is no longer needed for appeal proceedings or
litigation, whichever is longer. At the employeets request and
expense, the sample may be retested by that laboratory or
another laboratory of the employee's choice. Choice of another
laboratory shall be subject to the standards in F, above.
MEDICAL REVIEW OFFICER
The Human Resources Director shall designate one or more Medical
Review Officers, who shall be licensed physicians, to receive test
results from the laboratory. Upon receiving results, the Medical
Review Officer shall:
A. Review-the results and determine if the standards and
procedures required by this Article have been followed.
B. For positive results, interview the affected employee to
determine if factors other than illegal drug use may have
caused the result.
c. Consider any assertions by the affected employee of
irregularities in the sample collection and testing
process.
D. Based on the above, provide a written expranation of the
test results to the appointing power or his/her designee.
The employee shall also receive a copy of this explanation.
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EXHIBIT VI
PROCEDURE ORDER PO - 3.9
USE OF CITY VEHICLES BY ACT & INVESTIGATIONS
ADOPTED: DRAFT #2(08/20/01}
REVISED: NONE
BY ORDER OF
GREGORY J. GIUSIANA
CHIEF OF POLICE
PURPOSE:
The Anti-Crime Team (ACT), and Investigations Unit personnel are subject to call
out to assist with major investigations. For the purposes of this policy both
Investigations Unit Personnel, and ACT Personnel will be referred to as
investigators. In order to accommodate the investigators, and assist in a more
expedient response to major crime scenes the department allows the personnel
from these units to ti:;1Ke their assigned vehicles home. The following procedure
will act as a guideline in the use of these lake home vehicles.
PROCEDURE:
1. For an investigator to be eligible to take hislher vehicle home, they must live
within reasonable proximity to the City. This is considered to be within
approximately 25 miles from the Gilroy Police Department.
2. Investigators with take home cars should not use these cars as their primary
means of transportation during off duty hours. It is understood that at times
officers may use their cars to complete some personal business within
approximately a 25 mile radius from the Gilroy Police Department while traveling
to or from home and Vv'Ork.
By Order Of:
G~
Chief of Police
EXHIBIT VII
GENERAL ORDER: 5.4
ROTATION OF SPECIAL ASSIGNMENTS
ADOPTED: MARCH 15, 1994
REVISED: AUGUST 5, 2001
BY ORDER OF
GREGORY J.. GIUSIANA
CHIEF OF POLICE
POLICY
A policy of rotation into department specialties for a maximum period of time is essential to
the overall effectiveness of the department and to the individual employee seeding to
further hislher career goals.
In addition, it is felt that a minimum commitment to specialty appointments is necessary to
ensure continuity and stability within programs and to maximize the benefits of format and
on-the-job training.
The minimum time requirement for all specialty assignments is one- (1) year. Each
extension beyond the minimum time commitment will be considered if beneficia' to the
organization and mutually agreeable to the employee and staff. Extensions will be granted
in one year increments, with a maximum assignment of five (5) years.
Any deviation from the maximum or minimum tenures in a specialty will be subject to
approval by the Chief of Police. The department's intent is to provide for maximum rotation
of personnel through specialties while maintaining optimum effectiveness.
Part time specialties (i.e. MAtT, SOG I CIRT I Mounted, Bicycles) will have the same Criteria
as above With the exception that there will be no maximum tenure for these assignments.
By order of:
G~
Chief of Police
EXHIBIT VII
GILROY POLICE DEPARTMENT
Special Assignments
1004.1 PURPOSE AND SCOPE
The purpose of this policy is 10 establish required and desirable qualifications for special
assignments within the ranks of the Gilroy Police Department.
1004.11 GENERAL REQUIREMENTS
The following conditions will be used in evaluating a member of the Gilroy Police
Department for special assignments.
(a) Presents a professional, neat appearance.
(b) The member maintains a physical condition, which aids in their performance.
(c) Demonstrates:
1. Emotional stability and maturity;
2. Sound judgment and decision making;
3. Personal integrity;
4. Honesty;
5. Leadership;
6. Initiative.
7. Ability to confront and/or deal with issues both positive and/or negative.
8. Ability to conform to organizational goals and objectives.
1004.2 SWORN NON~SUPERVISORY SELECTION PROCESS
1004.21 SPECIAL ASSIGNMENTS
The fonowing positions are considered special assignments and are not considered
promotions:
(8) Anti Crime Team
(b) Investigator
(c) K-9 Officer
(d) School Resource Officer
(e) DA.R.E. Officer
(f) TraffIC Officer
Special Assignments - 324
January 2006 Cl1999. 2006lexipol, lie
GILROY POLICE DEPARTMENT
SDecial Ass;onrnents
1004.22 COLLATERAL SPECIAL ASSIGNMENTS
The following positions are considered collateral special assignments and are not
considered promotions:
(a) Mounted Unit
(b) Bike Patrol
(c) CIRT
(d) MAlT
(e) Firearms Training Staff
(1) Defensive Tactics Instructor
(g) Field Training Officer
(h) Critical Incident Stress/Peer Support
(i) Field Evidence Technician
(j) Arson Investigator
(k) CPR/First Aid Instructor
(I) Reserve Coordinator
(m) Explorer Advisor
1004.23 DESIRABLE QUALIFICATIONS
The following qualifications will be considered:
(8) Experience
(b) Probationary status
(c) Has shown an expressed interest in the position applied for
(d) Education. training and demonstrated abilities in related areas; such as, enforcement
activities, investigative techniques. report writing, public relations, etc.
{e} Complete any training required by POST or law
1004.3 POSTING FOR SPECIAL ASSIGNMENT VACANCIES
Occasionally.special assignment vacancies become known due to the natural rotation of
department personnel back to Patrol. When anticipated vacancies in special assignments
are known, the respective Division Commander shall post those openings at least two
months prior to the date of the anticipated vacancy.
1004.4 LENGTH Of ASSIGNMENT
A policy of rotation into department special assignments for a maximum period of time is
essential to the overall effectiveness of the department and to the individual seeking to
further hislher career goals. Further, it is felt that a minimum commitment to a special
assignment is necessary to ensure continuity and stability within programs and to maximize
the benefits of formal on-the-job training.
Special Assignments - 325
January 2006 0 1999 - 2006 lexipol, lLC
GILROY POLICE DEPARTMENT
Soecial AssiQnments
Any deviation from the maximum or minimum tenures in a specfal assignment must be
apprOved by the Chief of Police. Extensions may be granted annually if beneficial to the
organization and the employee.
The following are the current minimum and maximum lengths of tenure for special
assignments:
Special Assignment Minimum Maximum
Investigations Division 1 year 5 years
Administration Sergeant 1 year 5 years
School Resource Officer 1 year 5 years
Traffic Team 1 year None
Hostage Negotiations Team 1 year None
Defensive Tactics Instructor 1 year None
Firearms Instructor 1 year None
SOG 1 year None
Mounted Unit 1 year None
Bicycle Unit 1 year None
1004.5 APPOINTMENT PROCESS
The following criteria apply to Special Assignments.
(a) Administrative evaluation as determined by the Chief of Police. This sha" include a
review of supervisors' recommendations. Each supervisor who has supervised or
otherwise been involved with the candidate w~1 submit these recommendations.
(b) The supervisor for whom the candidate will work may schedule interviews with each
candidate.
(c) Based on supervisors' recommendations and those of the Division Commander after
the interview, the Division Commander will submit hislher recommendation(s) to the
Chief of Police.
(d) Appointment by the Chief of Police.
The policy and procedures for all positions may be waived for temporary assignments,
emergency situations or for training.
Special Assignments ~ 326
January 2006 C 1999 - 2006 lexipol, LLC