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Exceptions to the 4/10 schedule may be made for individual assignments. At such time that an exception to the 4/10 is being considered, the Department shall notify the POA and shall meet upon request to discuss the details of the scheduling change. Conditions 1. An employee's schedule may be suspended and replaced by a"Five-8" work schedule in case of formalized training courses, military leave, and modified duty occurring in any portion of one or more pay periods. 2. The Chief of Police reserves the right to temporarily change work assignment, times and scheduled days off to accommodate for training, transfers, promotions, injuries, workload, emergencies, termination and for those employees placed on Performance Improvement Plans. If such a change is necessary every effort will be made so as to only affect other Officers in order of reverse seniority. Absent exigent circumstances the Department will provide direct notice to the employee at least 72 hours prior to the change. In the event the Department fails to give an employee at least seventy-two (72)hours prior notice of a shift change, the employee will be paid two (2) hours at time and one-half in addition to all scheduled hours (at the regular rate) for the adjusted shift. It is understood that notice is not required for scheduled or emergency overtime as that is not considered a shift adjustment. 3. The starting and ending time of work shifts will remain a management prerogative. Once established, they may be changed after notice to the Association and upon request, meeting and conferring with the Association regarding the impact of the change in hours. 4. Any leave will be handled on the basis of the hours taken. Absence on a ten hour day will require 10-hours leave. Absence on a nine hour day will require 9-hours leave. Absence on an eight hour day will require 8-hours leave. 28.4 Deferred Compensation Program All employees are eligible to participate in the City's deferred compensation program. Effective June 4, 2016, the City shall contribute one-half percent(.5%) of the employee's base compensation into a 457 deferred compensation plan. The contribution is tax-deferred, and counts towards the 457 annual maximum deferral as designated by the IRS. Employees without an existing 457 account with a City sponsored provider must establish one in order to receive the City contribution, but no employee contribution to the account is required. Section 29. Past Practices and Existing Memorandum of Understanding 29.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. 29.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Association. 29.3 This Memorandum of Understanding represents a complete and final understanding and agreement on all issues negotiated between the City representatives and the Association's representatives. 29