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88-324 RESOLUTION N0. 88R-324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVENG A LETTER OF UNDERSTANDING DATED AUGUST 15, 1988, BETWBEN �,. THE ANAHEIM POLICE ASSOCIATION, AND THB CITY OF' ANAHEIM WHEREAS, the Human Resources Director met and conferred with officials and employee representatives of the Anaheim Police Association, and reached an understanding to amend the Memorandum of Understanding between the parties to include the terms and conditions for administration of a Mandatory Permanent Modified Duty Program for industrially injured safety employees. WHEREAS, a Letter of Understanding dated August 15, 1988, between the parties reflecting said amendment has been prepared and signed. WHEREAS. the City Council of the City of Anaheim CIOP,S find that approval af said Understanding is in the best interest of the City of Anaheim. NQW, THEREFORE, BE IT RESOLVED by the City Couri�il of the City of Anaheim that the Letter of Understanciin� dated August 15, 1988, between the Anaheim Police Association, and the City of Anaheim be, and the same is hereby, approved and the Human Resources Director is authorized to sign said llnders�andang on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is app oved and adopted by the City Cauncil of the City f Anah m this 23rd day of Auc�ust, 1988 MAYOR OF THE CITY OF ANAHEIM ATTES : CITY CLERK OF THE CITY OF ANA EIM APPROVED AS TO FORM: �S �; •. �J CK L. W ITE, CI Y ATTORNE 138881P � � � -� CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) �, I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do here'ny certify that the foregoing Resolution No. 88R-324 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 23rci day of August, 1988, by the following vote of ti�e members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MENTBERS: None ANll I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 8�iR-324 on the 24th day of August, 198t3. IN WITNE55 WHEItE�Or, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24tiz day of August, 1988. �� �Cj ts�� I, LEO1�tORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify tfiat the foregoing is the original or Resolution No. 88R-324 duly passed and adopted by the Anaheim City Council on August 23, 1988. ��� ..- �, LETTER OF UNDERSTANDING BETWEEN THF ANAHEIM POLICE ASSOCIATION ANb THE CITY OF ANAHFIM The Anaheim Police Assoc9ation hereinafter referred to as the "APA" and the City of Anaheim, hereinafter referred to as the "City" after meeting and conferring, agree to a Mandatory Permanent Modified Duty Program, hereinafter referred to as the "Program", for industrially injured safety employees which shall be administered in accordance with the following provisians: ELIGIBILITY AND PARTICIPATION l. Upon notificafiion by a City-approved physician (The City may select, at its discretion, the employee's treating physician as the City approved physician as the City approved physician) of permanent work restrictions, and/or the permanent and stationary status for an accepted industrial injury of an APA safety employee that precludes the employee from performing the full range of duties of his classification, the City, may after conferring with the employee, select an appropriate available Program assignment. 2. The City approved physician shall be provided with a detailed job analysis of the modified duties to which the employee shall be assigned. Medical approval shall be obtained before the employee begins these duties. If the physician daes not approve the initial modified duties selected, the Gity may redesign the Program assignment to accommodate the employee's medical restrictions, or select an alter«ate Program assignment. 3. The employee shall retain his current rank ar classification regardless of the Program assignment. 4. Any emplayee participating in the Program may, at any time, request to be considered for reassignment to another Program assignment. 5. Participation in the Program shall be considered return to usual and customary occupation for purposes of vocational rehabilitation. _..�.. COMPENSATION 1. Employees assigned to the Program shall be compensated at their normal hourly rate of pay including educational incPntive pay and special assignment pay. -2- 2. Employees assigned to the Program may apply for and receive "POST" premiums conditioned on passing an annual physical, (modified to accommodate the disability) and the continuing recommendation of the Chief of Police. 3. Employees at different rates of pay may be placed in similar Program assignments. ASSIGNMENTS 1. Employees shall be assigned by the Chief of Falice to Program assignments in accordance with the needs of the Police Department and individual medical work restriction. Such assignments may be modified to accommodate work restrictions. 2. Any employee assigned ta the Program below the classification of Lieutenant shall not be upgraded to a higher classification unless paid upgrade pay for the period assigned to those duties. 3. The Chief of Police may reassign an employee assigned to the Program to other assignments for which they are medically qualified in accordance with the needs of the Poiice Department. 4. The hours worked by employees assigned to the Program shall be in accordance with the needs of the City and in accordance with the Memorandum of Understanding. DURATION Assignment to the Program shall continue until any of the following occurs: 1. The City can no longer accommodate the employee's medical work restrictions and the employee receives a disability retirement. 2. The employee is medically released to full range of duties on a full time basis. 3. The employee is promoted to a higher classification in a regular position that the employee is medically qualified to perform. 4. The City approves an employee generated disability retirement and retires the employee. -3- 5. The City may eliminate the Program with at least one year notice to the APA of such action. The City and the APA agree to meet and confer on the conditions under which the .�_ Program shall be eliminated. PROMOTIONS l. Promotionsal opportunities will occur via the normal promotional processes. 2. When an employees assigned to the Program is ranked next on an eligibility list, he shall be promoted to any vacant pasition for which he is madically qualified. The Chief of Police is not required to transfer any employee in order to promote the employee. SPECIAL CONDITIONS 1. All Program assignments will be to productive work, provided the duties of the assignment may be modified to accommodate the permanent work restrictions medically placed on the employee. 2. An employee assigned to the Program shall be held to the same rules and regulations regarding job performance (after consideration of physical restrictions) as other employees in a safety classifications represented by the APA. 3. This understanding shall apply only to those employees in a safety classification as designated by PERS and represented by the APA. 4. The City will, after discussion with the APA, revise AR 2.67 to accommodate the terms and conditions of this understanding. 5. Employees assigned to the Program shall be provided with Permanent Modified Duty Program Extended Disability, hereinafter referred to as "Extended Disability", benefits under the following conditions: a. Any employee who has been at work in a Program assignment for all scheduled work hours for thirty (30) consecutive calendar days shall receive a one (1) time Extended Disability benefit balance credit of one thousand {100U) hours which shall be availabl.e for periods of temporary disability from work due to the medical conditions for which the employee was assigned to the Program for which Labor Cade 4850 benefits have been previously paid. -4- b. Labor Code 4850 benefits must be exhdusted prior to the utilization of Extended Disability benefits. y „��.,, c. Extended Disability benefits shall be paid at a net sixty percent (�0%) of the employee's base rate of pay after withholding taxes less deductible benefits as identified in Article 35, Sick Leave. d. An employee shall have one (1j hour deducted from his Extended Disability balance for each hour of such leave taken. The minimum amount of Extended Disability leave that may be taken at any given time shall be one (1) hour. e. Eligibility to use the Extended Disability benefit, shall be supported by a physician's certification verifying the need for the employee to remain off work and indicating the medical condition which cause the necessity and are subject to review by a physician selected by the City. Failure to promptly provide a physician's certification during any period of absence may result in denial of benefits. 6. Uisputes arising out of this understanding are subject to the grievance procedure. CI OF ANAHEIM ANAHEIM POLICB ASSQCIATION . � Garry cRae J ck Jles$en � Human Resources Director P eside Dated. � � �