HomeMy WebLinkAboutResolution 2009-034 amendment to MOU with marana police officers' associationMARANA RESOLUTION N0.2009-34
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE
OFFICERS' ASSOCIATION; AND DECLARING AN EMERGENCY
WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious
and cooperative relationship between the Town and its public safety employees; and
WHEREAS the Town and the Marana Police Officers' Association, through their
representatives, met and conferred in good faith pursuant to the meet and confer process outlined
in Section 4-1-8 of the Marana Town Code in order to reach agreement concerning wages, hours,
and working conditions of employment in the bargaining unit; and
WHEREAS the parties reached agreement on a memorandum of understanding (MOU);
and
WHEREAS the Town Council accepted the memorandum of understanding, pursuant to
Section 4-1-8(F)(5) of the Marana Town Code, by Resolution 2008-78 on June 3, 2008; and
WHEREAS Section 9-3(D) of the memorandum of understanding provides that it maybe
opened at any time for amendments by mutual consent of the parties; and
WHEREAS the Town and the Marana Police Officers' Association desire to amend the
MOU with regard to performance-based step pay plan increases, calculation of overtime and take
home vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Council hereby accepts the amendment to the memorandum of
understanding between the Town of Marana and the Marana Police Officers' Association
attached to and incorporated by reference in this resolution as Exhibit A.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to implement the terms and conditions
of the amendment to the memorandum of understanding.
Marana Resolution 2009-34
SECTION 3. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this resolution become immediately effective, an emergency is hereby
declared to exist, and this resolution shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of March, 2009. ~~
Mayor Ed Honea
ATTEST:
r ~~yj
r e
*„>~-JocelC. Bronson, Town Clerk
p~ .
APPROVED AS TO FORM:
/ ` ~ ~ ~~
F "rank Cassidy, Tow ey
Marana Resolution 2009-34
-2-
AMENDMENT TWO TO THE
JULY 1, 2008 -JUNE 30, 2010
MEET AND CONFER
MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF MARANA AND
THE MARANA POLICE OFFICERS' ASSOCIATION
This Amendment is entered into by and between the Town of Marana ("Town")
and the Marana Police Officers' Association ("MPOA"). Town and MPOA are
sometimes referred to collectively as the Parties, either of which is sometimes
individually referred to as a Party.
RECITALS
A. The Parties, through their representatives, met and conferred in good faith
pursuant to the meet and confer process outlined in Section 4-1-8 of the
Marana Town Code in order to reach agreement concerning wages, hours
and working conditions of employment in the bargaining unit and reached
agreement on a memorandum of understanding ("MOU").
B. The Town Council accepted the memorandum of understanding, pursuant
to Section 4-1-8(F)(5) of the Marana Town Code, by Resolution
No. 2008-78 on June 3, 2008.
C. Pursuant to Section 9-3(A) of MOU, the MOU is to remain in full force
and effect, following adoption and approval by the Mayor and Council,
beginning with the 1 st pay period in July, 2008 through June 30, 2010.
D. Pursuant to Section 9-3(D) of the MOU, the MOU may be opened at any
time for amendments by mutual consent of the Parties.
E. The Town Council accepted amendment one to the MOU pursuant to
Section 9-3(D), by Resolution No. 2008-130 on October 14, 2008.
F. The Parties desire to open the MOU and amend provisions related to
performance-based step pay plan increases, calculation of overtime and
take home vehicles.
AGREEMENT
Now, therefore, based on the foregoing recitals which are incorporated here by
reference, the Parties agree as follows:
1. Article 6; Wages and Benefits; Section 6-1: Wages. Section 6-1 of the MOU
shall be amended as follows, with deletions shown with ~+...~a~ and additions shown
with double underlining:
A. The Association and the Town .will work together to find a fair and reasonable
pay scale for all employees, to be incorporated into this MOU.
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B. Step Pay Plan
Sworn personnel and dispatchers covered under this MOU shall be placed
on an eight step pay plan that will start from the date of hire.
2. Sergeants shall be placed on a four-step pay plan from the date of
promotion from officer.
3. For the purposes of this step plan, the employee's anniversary date shall
be the date of the most recent personnel action involving a hire, promotion
or demotion. An anniversary date shall not change for a lateral transfer or
special assignment.
4. Sworn personnel and dispatchers (after FY 2009) shall be eligible to move
to the next higher step on the employee's anniversary date based on an
evaluation of job performance using the Town's performance management
system except that no step increases shall be provided beainnina
Julv 1.2009 throuah the expiration of this MOU.
5. Sworn personnel and dispatchers (after FY 2009) at the top step shall be
eligible fora 5% lump sum bonus on the employee's anniversary date
based on an evaluation of job performance using the Town's performance
management system except that no lump sum bonuses shall be provided
beainnina Julv 1.2009 throuah the expiration of this MOU.
6. Dispatchers converting to the eight-step pay plan in FY 2009 shall be
eligible for placement on a step that provides not less than a 5% annual
increase on the employee's anniversary date based on an evaluation of
job performance using the Town's performance management system.
Where the step placement results in less than a 5% annual increase, the
dispatcher shall receive a lump sum amount for the difference on the
employee's anniversary date.
During the initial conversion to the step system in FY 2008-2009,
dispatchers who are scheduled to be placed on Step 8 (the top step of the
pay plan) and who will receive less than a 5% addition to their base pay as
a result of that placement shall be eligible to move to Step 8 effective
September 13, 2008, provided that the dispatcher has a satisfactory job
performance rating. A satisfactory job performance rating is defined as
any rating .above the "Does Not Meet" category contained in the Town's
Performance Management system. The balance of the merit increase
afforded to dispatchers who are placed on Step 8 on September 13, 2008
shall be awarded in the form of a lump sum amount on the dispatcher's
anniversary date in accordance with the provisions contained in this
article, provided that the dispatcher maintains a performance rating above
the "Does Not Meet" category between September 8, 2008 and the
dispatcher's anniversary date.
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7. Attachment "A" to this MOU incorporates the step pay plan for sworn
personnel and dispatchers covered by this MOU. This step pay plan shall
be in place for the duration of this MOU unless modified as provided in
Section 6-9 of this MOU.
C. Open Range Pay Plan
Non-sworn employees covered under this MOU, excluding dispatchers,
shall be placed on an open-range pay plan.
2. Attachment "B" to this MOU incorporates the open range pay plan for non-
sworn personnel, excluding dispatchers, covered by this MOU.
3. Pay increases shall be based on an evaluation of job performance during
the month of July using the Town's performance management system
except that no pav increases shall be provided beainnina Julv 1. 2009
throuah the expiration of this MOU.
4. For fiscal year 2009, non-sworn personnel, excluding dispatchers, may be
eligible for a wage increase of up to 5% effective the first full pay period in
September, 2008 based upon an evaluation of job performance e
that no pav increases shall be provided beainnina Julv 1.2009 throuah the
expiration of this MOU. °aT~-;T~ea~ f-,~ap~egFen+~fiec°' ~~ ass
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5. The Town and the Association aaree that when the Town is in a financial
position to restore performance-based pav increases. the Town shall
conduct a compensation survev on the crime scene specialist
classification to determine the appropriate pav ranae for that classification.
The survev will be based on the labor market for classification and
compensation comparisons approved by the Town Council on
ebruarv 19. 2008 by Resolution No. 2008-31. If anv increase in
compensation for individual crime scene specialist emplovees is
warranted as a result of this survev. such increase shall be effective upon
the date that performance-based pav increases are restored.
2. Article 6; Wages and Benefits; Section 6-4: Overtime. Section 6-4 of the
MOU shall be amended as follows, with deletions shown with ~'-~~ and additions
shown with double underlinine:
A. For the purposes of this MOU, overtime shall be defined as all hours worked
in excess of 40 hours in the seven-day work period defined by Town policy. ga+~
4im^ ^ff f^r h^lirl~~ic+ ^c+ r!^fin^r1 in +hic+ I~APII I c.h.~ll h^ innl~ ~~^~ i^ nnmr~i i4in^ 4h^
n~ ~mh^r .,f hr,. ~rc+ ~~i^rL^rl f^r ^v^rFim^ n^mr~^r~c.~~i^n
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B. Overtime may be authorized and required by the Chief when it is in the best
interest of the Town. Overtime shall be authorized in advance by the Chief,
unless emergency situations preclude advance authorization.
C. Overtime compensation for employees shall be computed in accordance with
the Fair Labor Standards Act. If overtime is to be paid, it must be recorded and
paid, at one and one-half times the regular rate of pay, on the next regular pay
day following the conclusion of the pay period in which the overtime was worked.
If overtime is to be applied to compensatory time, it must be recorded at one and
one-half times the number of hours worked.
D. The decision to be paid overtime in cash or to record it as compensatory time
shall be at the discretion of the employee.
E. Compensatory time shall not accrue beyond 80 hours maximum.
F. Accumulated compensatory time shall be paid:
1. When the accrued compensatory time exceeds the maximum. Payment
will be for that amount which exceeds the maximum
2. Upon separation for any reason, including death of the employee.
3. When an employee transfers or promotes to a position not eligible for
G. A request for use of compensatory time shall be made in the same manner
that a request for vacation leave is made.
3. Article 7; Hours of Work/Working Conditions; Section 7-7: Take Home
Vehicles. Section 7-7 of the MOU shall be amended as follows, with deletions shown
with ~+~~ and additions shown with double underlining:
A. The Town and the Association agree that the visible presence of the
Department in the community contributes to the public's perception of safety. In
addition, ewefr~ employees serving in certain "on-call" assignments must be
available to respond to call-outs quickly and with the proper equipment. In
recognition of these goals and in consideration of the suspension of
erformance-based pav increases from Julv 1.2009 throuah the expiration of this
MOU. the Town and the Association agree to the following Take Home Vehicle
Program for sworn personnel and crime scene specialists covered under this
MOU.
1. All sworn employees and crime scene specialists covered under this MOU
who have established permanent residency within a 20 mile radius from
either the Marana Municipal Complex or the Marana Operations Center.
as defined by the Chief shall be
eligible for atake-home ^~+~^' ~~°"~^'° marked or unmarked vehicle,
depending upon their assignment.
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2. When officially scheduled on an on-call status, the following on-call
positions shall be eligible for stake-home ~at~a' ~~°~~ marked or
unmarked vehicle, depending upon their assignment: Detectives,
Accident Reconstructionists, SWAT, PIO, Crime Scene Specialists and
K-9 units.
3. The Chief shall establish the procedures for the Take Home Vehicle
Program.
Employees who participate in the take-home vehicle proaram and whose
permanent residencv falls outside the Town limits shall be assessed a fuel
increase surcharae whenever the Town's averaae cost of fuel reaches
3.00 per aallon or more in anv aiven month. as determined by the Town's
monthly fuel cost report. The fuel increase surcharae shall be assessed
via payroll deduction at $20.00 per pav period, beainnina_with the first pav
period followina the Town's receipt of a monthly fuel cost resort indicatina
an averaae fuel cost of $3.00 per aallon or more. The surcharae shall
continue to be deducted each pav period until the Town's averaae cost of
fuel falls below $3.00 per aallon. as determined by the Town's monthly
fuel cost report. The surcharae shall be discontinued for the pav period
immediately followina the Town's receipt of a monthly fuel cost report
indicatina an averaae fuel cost below $3.00 per aallon. This same
process shall be implemented each and every time the Town's averaae
cost of fuel reaches $3.00 per aallon or more in anv aiven month.
Employees who participate in the take-home vehicle proaram and whose
permanent residencv falls outside the Town limits shall sian a payroll
deduction authorization form, authorizing the Town to assess the fuel
increase surcharae. as described in this paraaraph. T"° T,^,•~,M^ ~^,~ +"°
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~eflvv--irk"'T~'TmT7~~~',,9e~,t~ ,,e,,++l~~lni~ii~ ~~'/n~r~n~+~ninn of phi? I~IPI___~~
impie~~e~te~-FQ't°Y 4hnn I~ni inr~i `~'1 ~ ~VV:Y
5. Employees whose permanent residencv falls outside the Town limits and
who are no t servina in an on-call assianment as desianated by the Chief
may choose not to participate in the take-home vehicle proaram at their
6. discretion:
Employees
who establish permanent residen
cv within the Town limits nd
who partici pate in the take-home vehicle proa ram shall not be assessed a
7. fuel increase surcharae.
Employees who are servina in an on-call
assianment and who are
a~sianed a take-home vehicle as desianate d by the Chief shall not b
8. assessed a fuel increase surcharae.
The Take Home Vehicle Proaram as described in this subsection A.
paraaraphs 1 throuah 7. shall be effective be ainning Julv 1. 2009 throuah
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the expiration of this MOU. In the interim time period. upon adoption of
this amendment and prior to the suspension of performance-based pav
increases beainnina Julv 1. 2009. the Town and the Association aaree
that all sworn employees covered under this MOU who have established
permanent residencv within a 20 mile radius of the Marana Municipal
Complex as defined by the Chief shall be eliaible for stake-home marked
or unmarked vehicle. dependina upon their assianment. The Town and
the Association further aaree that no fuel increase surcharaes will be
assessed durina this interim time period.
B. If at any time the Town is in a financial position to restore performance-based
increases. the Town and the Association aaree to the followina Take Home
Vehicle Proaram for personnel covered under this MOU.
1. All sworn employees covered under this MOU who have established
permanent residencv within the Town limits of the Town of Marana as
defined by the Chief shall be eliaible for stake-home marked or unmarked
vehicle. dependina upon their assianment.
2. When officially scheduled in an on-call status. the followina on-call
positions shall be eliaible for stake-home marked or unmarked vehicle
dependina upon their assianment: Detectives. Accident
Reconstructionists, SWAT, PIO, Crime Scene Specialists and K-9 units.
3. Crime Scene Specialists who are servina as a back-up to the on-call
Crime Scene Specialist may also be eliaible for stake-home marked or
nmarked vehicle as desianated by the Chief.
4. The Chief shall establish the procedures for the Take Home Vehicle
Proaram.
5. The Town and the Association aaree that the Take Home Vehicle
Proaram as described in this subsection B. paraaraphs 1 throuah 4 will be
phased in over the 90-day period immediately followina the restoration of
performance-based pay increases.
4. Effect of Amendments. Except as specifically modified by this
Amendment, the terms of the original MOU shall remain in full force and effect.
{00013354.DOC / 2}
Town Council.
Effective Date. This Amendment is effective upon acceptance by the
IN WITNESS WHEREOF, the authorized representatives of the parties have
affixed their signatures below.
TOWN OF MARANA
Gilbert Davidson, Town Manager
Dated: 3 `"I7- 8
Accepted by:
MARANA TOWN COUNCIL
~'' ~ /
d~ ~ ,~
Mayor Ed onea
~,
Dated: ~'f' -~ / ~ W L'' ~
ATTEST:
MARANA POLICE OFFICERS'
ASSOCIATION
~,
son Cann, President
Dated: ~~~ ?~~~
lyn Bro ~, on, Town clerk
N
tY
APPROVED AS TO FORM:
s
. ,-~
Frank Cassidy, Town Atto
,.r
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