HomeMy WebLinkAbout15 MOU WITH TMEA & EPMCAgenda Item 15
# Reviewed:
AGENDA REPORT City Manager
Finance Director
MEETING DATE: MAY 18, 2010
TO: WILLIAM HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION AND ESTABLISHMENT OF EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
SUMMARY
Adoption of the attached Resolutions and Memorandum of Understanding (MOU) will
authorize compensation adjustments for employees in classifications represented by the
Tustin Municipal Employees Association (TMEA) and reduce the City's expenditures in
accordance with Council direction.
RECOMMENDATION
It is recommended that the City Council adopt the following resolutions:
Resolution No. 10-42 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with the Tustin Municipal
Employees Association for the period of June 21, 2010 through June 30, 2011;
and
2. Resolution No. 10-43 establishing Employer Paid Member Contributions of 3.5%
for all employees in classifications represented by the Tustin Municipal
Employees Association.
FISCAL IMPACT
Cost savings of approximately $214,000 over the term of the agreement.
BACKGROUND AND DISCUSSION
The Tustin Municipal Employees Association represents a variety of non-management
classifications in the General Employees Representation Unit, which currently consists
of approximately 95 employees.
The MOU currently in effect expired on December 31, 2008. Per Council direction, the
expired contract was allowed to remain in effect indefinitely in order to hold costs
City Council Agenda Report
May 18, 2010
Memorandum of Understanding with
Page 2
TMEA and Establishment of EPMC
relatively constant. During this time, there were no changes to the terms and conditions
of employment for unit employees.
The Council directed staff to begin labor negotiations in January 2010 and discuss ways
to address a portion of the City's budget shortfall via reductions in labor costs. As the
first step towards cost savings, seven (7) employees represented by TMEA were
noticed for layoff in January and separated from City service in February.
The new MOU provides the City with further reductions in expenditures. The most
significant change resulting from the new MOU is a substantial decrease in the City's
payments towards the CaIPERS retirement plan. CaIPERS allows contracting
employers to pay all or a portion of the normal contributions required to be paid by
members -this is called Employer Paid Member Contributions (EMPC). For members
of TMEA, beginning with the effective date of this MOU, the City will reduce EPMC from
the full 7% of salary to 3.5%, with the remaining 3.5% to be paid by employees. In order
to implement this change, CaIPERS requires the adoption of a specific resolution,
included as Resolution 10-43.
Other changes to the MOU primarily involve clarification and minor adjustments to
policies, procedures, and operational practices as well as a reorganization of the
contract to make it easier to read.
The MOU also contains a "reopener" on all issues which may be exercised by either
party effective January 1, 2011, i.e., either side may request to negotiate prior to
January 1, 2011 for the purpose of effecting changes of the MOU to go into effect after
January 1, 2011 or later. For example, should the City's economic situation be worse
than anticipated, this provision will allow the City and TMEA to discuss further changes.
In this challenging economic climate, staff is pleased to have an agreement with TMEA
that is within the parameters established by the Council and that the terms and
conditions presented have been ratified by the members of TMEA.
Kristi Recchia
Director of Human Resources
City Council Agenda Report
May 18, 2010
Memorandum of Understanding with
Page 3
Attachments:
TMEA and Establishment of EPMC
1. City Council Resolution No. 10-42
2. MOU between the City and TMEA for June 21, 2010 through June 30, 2011
3. City Council Resolution No. 10-43
RESOLUTION NO. 10-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION,
CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 09-40, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 09-40 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Municipal Employees Association (TMEA)
have met and conferred in good faith in accordance with the requirements of the
Meyers-Milias-Brown Act; and
WHEREAS, the City and TMEA have reached agreement on wages, hours, and
terms and conditions of employment effective June 21, 2010 through June 30, 2011, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TMEA, effective June
21, 2010, is hereby approved and incorporated herein by reference as though
fully set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
II. This Resolution shall become effective on June 21, 2010, and all Resolutions
and parts of Resolutions in conflict herewith are hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 18t" day of May 2010.
Resolution 10-42
Page 1 of 2
JERRY AMANTE
Mayor
ATTEST:
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 10-42 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of
May 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 10-42
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
TERM:
June 21, 2010 to June 30, 2011
TMEA MOU 2010-11
TABLE OF CONTENTS
CHAPTER 1-GENERAL PROVISIONS .............................................................................................................1
Article 1. Recognition ............................ ....................................................................................................1
Article 2. Represented Classes .............. ....................................................................................................1
Article 3. Ratification ............................. ....................................................................................................3
Article 4. Entire Agreement ................... ....................................................................................................3
Article 5. Reopener ................................ ....................................................................................................3
Article 6. Severability ............................. ....................................................................................................3
Article 7. Binding on Successors ............ ....................................................................................................3
Article 8. Amendments .......................... ....................................................................................................4
Article 9. Contract Bar ........................... ....................................................................................................4
Article 10. Notices ................................. ....................................................................................................4
Article 11. Association Dues .................. ....................................................................................................4
Article 12. Payroll Deductions ............... ....................................................................................................4
CHAPTER 2 -COMPENSATION ......................................................................................................................5
Article 13. Salary .................................... ....................................................................................................5
Article 14. Overtime Compensation ..........................................................................................................5
Article 15. Paid Overtime Meal ............ .....................................................................................................5
Article 16. Bilingual Compensation ...........................................................................................................5
Article 17. Certification Pay .......................................................................................................................5
Article 18. Standby Duty ............................................................................................................................7
Article 19. Shift Differential Pay ................................................................................................................7
Article 20. Call Back Duty ..................... .....................................................................................................7
Article 21. Acting Pay ............................ .....................................................................................................7
Article 22. Educational Incentive Pay ... .....................................................................................................8
CHAPTER 3 -BENEFITS ............................. .....................................................................................................8
Article 23. Flexible Benefits Plan .......... .....................................................................................................8
Article 24. Retirement .......................... .....................................................................................................9
Article 25. Employee Life Insurance ..... .....................................................................................................9
Article 26. Short-Term /Long-Term Dis ability Insurance ........................................................................10
Article 27. Tuition Reimbursement ...... ...................................................................................................11
TMEA MOU 2010-11
Article 28. Retiree Medical Insurance .....................................................................................................11
CHAPTER 4 - LEAVES OF ABSENCE ..............................................................................................................12
Article 29. General leave ........................................................................................................................12
Article 30. Compensatory Time Off .........................................................................................................12
Article 31. Holidays ..................................................................................................................................13
Article 32. Family Leave ...........................................................................................................................14
Article 33. Bereavement Leave .......................................................................................................:.......14
CHAPTER 5 -WORKING CONDITIONS .........................................................................................................14
Article 34. Workweek & Work Schedules ...............................................................................................14
Article 35. Rest Periods ...........................................................................................................................15
Article 36. One-Half Hour Lunch: Field & Water Services Employees .....................................................15
Article 37. Uniforms ................................................................................................................................15
Article 38. Commercial Driver's License ..................................................................................................15
Article 39. Temporary Employment ........................................................................................................16
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS .....................................................................................16
Article 40. Appeals Procedure .................................................................................................................16
Article 41. Grievance Procedure .............................................................................................................20
Article 42. Performance Evaluations .......................................................................................................22
Article 43. Meetings ................................................................................................................................22
Article 44. No Strike/Job Action ..............................................................................................................22
Article 45. Agency Shop ...........................................................................................................................23
Article 46. Management Rights .........................................................:.....................................................25
Article 47. Layoffs ....................................................................................................................................25
APPENDIX A -MONTHLY SALARY RANGES .................................................................................................31
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, in accordance with the provisions of California Government Code Sections 3500 et seq. and
Section 17 (Employer-Employee Organization Relations) of the Personnel Rules of the City of Tustin, the
City's employee representatives have met and conferred in good faith with the representatives of the
Tustin Municipal Employees Association (hereinafter sometimes referred to as TMEA) pertaining to the
subject of wages, benefits and conditions of employment; and
WHEREAS, the meetings between the Tustin Municipal Employees Association and the City
representatives have resulted in an agreement and understanding to recommend that the employees
represented by the Tustin Municipal Employees Association accept all of the terms and conditions as set
forth herein and that the City representatives recommend to the City Council that it adopt by resolution
or resolutions the changes and additions to the wages, hours, and conditions of employment for the
represented classes.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1-GENERAL PROVISIONS
Article 1. Recognition
The Tustin Municipal Employees Association is the majority representative of employees in the
hereinafter listed classes for the purpose of representation on issues of wages, hours, and other terms
and conditions of employment and as such majority representative, the Tustin Municipal Employees
Association is empowered to act on behalf of employees in the General Employees Representation Unit,
whether or not they are individually members of the Tustin Municipal Employees Association.
Article 2. Represented Classes
A. The Tustin Municipal Employees Association represents the following full-time classifications which
are covered by this agreement:
Accounting Specialist
Administrative Secretary
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
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TMEA MOU 2010-11
Building Inspector
Building Permit Technician
Business License Technician
City Clerk Services Specialist
Code Enforcement Officer
Custodian
Engineering Aide
Environmental Compliance Specialist
Equipment Mechanic
Equipment Operator
Information Technology Specialist
Mail and Duplication Specialist
Maintenance Leadworker
Maintenance Worker
Management Analyst
Office Support Specialist
Plan Checker
Public Works Inspector
Recreation Facilities Assistant
Recreation Facilities Leadworker
Recreation Program Specialist
Redevelopment Project Manager
Senior Accounting Specialist
Senior Building Inspector
Senior Maintenance Worker
Water Distribution Leadworker
Water Distribution Operator I/II
Water Equipment Operator
Water Meter Reader
Water Treatment Operator I/II
B. TMEA represents the following part-time regular classifications which are designated pursuant to
the annual budget and covered by this agreement:
Accounting Specialist
Information Technology Specialist
Senior Accounting Specialist
Transportation Coordinator
Part-time regular classifications, designated pursuant to the City budget, are those
classifications/positions that are anticipated to have work scheduled on a regular year-round basis,
for an average of twenty or more hours per week, and the position is anticipated to continue for a
period in excess of twelve months. Such classifications shall be designated as half-time (20-29
hours per week) orthree-quarter time (30-39 hours per week).
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TMEA MOU 2010-11
The City shall budget annually for all positions on a half (%_) time, three quarter (%) time or full time
basis. Only those classifications designated as a regular allocated position shall be included for
representation in this unit.
C. Job specifications have been revised pursuant to the completed city-wide classification study and
will be available on the City's Intranet.
Article 3. Ratification
This Memorandum contains all the terms and conditions agreed to between the parties. The
Memorandum shall be of no force or effect unless and until duly approved, adopted, ratified, and
agreed to by the City Council, or in alternative, that all of the substantive provisions contained herein
are adopted by Resolution of the City Council.
Article 4. Entire Agreement
This Agreement, upon ratification, supersedes all prior agreements, whether written or oral, unless
expressly stated to the contrary herein, and constitutes the complete and entire agreement between
the parties, and concludes collective bargaining for its term unless otherwise expressly provided herein.
The City and the Association, for the duration of this Agreement, each voluntarily and unqualifiedly
waives the right, and each agrees that the other shall not be obligated, to bargain collectively with
respect to any subject or matter covered in this Agreement, including the impact of the City's exercise of
its rights as set forth herein on wages, hours or terms and conditions of employment. This paragraph
does not waive the right to bargain over any subject or matter not covered in this Agreement which is a
mandatory subject of bargaining and concerning which the City is considering changing during the term
of this Agreement.
Article 5. Reopener
Either side may request to meet and confer over changes to this MOU which may occur prior to January
1, 2011 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2011 or
later.
Article 6. Severability
If any part of this Memorandum is rendered or declared invalid by reason of any existing or
subsequently-enacted legislation, governmental regulation or order or decree of court, the invalidation
of such part of this Memorandum shall not render invalid the remaining parts hereof.
Article 7. Binding on Successors
This Memorandum shall be binding on the successors and assigns of the parties hereto and no
provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by
the consolidation, merger, transfer or assignment of either party hereto.
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TMEA MOU 2010-11
Article 8. Amendments
This Memorandum can be altered or amended only by written agreement between the parties hereto.
Article 9. Contract Bar
The recognition rights of the Tustin Municipal Employees Association shall not be subject to challenge
for a period of not less than twelve (12) months following the date of recognition or until the expiration
of this Memorandum of Understanding, whichever is later; provided that recognition rights may be
challenged between one hundred and twenty (120) and one hundred and fifty (150) days prior to the
expiration of the Memorandum of Understanding and that no Memorandum of Understanding shall be
construed to be a bar for a period of more than three (3) years. Existing Memoranda of Understanding
shall remain in effect even when the recognition rights of employee organizations are changed in
accordance with the provisions of this section.
Article 10. Notices
Notices hereunder shall be in writing, and if to the Tustin Municipal Employees Association, shall be
mailed to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA
92780; and, if to the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA
92780.
Article 11. Association Dues
Consistent with current practice, the City shall continue to deduct Association dues from member
paychecks and forward the dues to the Association.
Article 12. Payroll Deductions
Deductions of authorized amounts may be made from anemployee's-pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
3. Contribution to survivors' benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment ofnon-industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues to TMEA.
12. Purchase of United States Savings Bonds.
13. Payment for non-return of uniforms and/or equipment issued.
14. Other purposes as may be authorized by the City and the employee.
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TMEA MOU 2010-11
CHAPTER 2 -COMPENSATION
Article 13. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Upon promotion the employee shall receive a salary adjustment of at least 5%, provided that in no
event shall the promoted employee's salary exceed the maximum of the range.
Article 14. Overtime Compensation
All unit employees shall receive overtime compensation of time and one-half for all approved overtime
hours worked in excess of 1) regularly scheduled hours per shift or 2) forty (40) hours worked in a seven
(7) day work period. General Leave, Compensatory Time and Holiday hours shall be included within the
above hours for eligibility, provided however, that standby time shall not be considered in determining
entitlement to overtime compensation. Part-time regular employees shall receive overtime
compensation at time and one-half pursuant to the Fair Labor Standards Act (i.e., for working more than
forty (40) hours in a defined work week).
Article 15. Paid Overtime Meal
The City will provide a meal, or provide reimbursement for a meal, in an amount not to exceed $12 for
unit employees who are required to work unscheduled overtime provided the work situation requiring
the overtime is such that the employee is held over, called in early, or called in on his/her day off,
without prior notice, so that the combined regular shift and overtime assignment totals a minimum of
four hours over the employee's regular work shift.
Article 16. Bilingual Compensation
The City shall pay one hundred dollars ($100) per month (paid biweekly) to employees in City-
designated positions who demonstrate skill in Spanish at the conversational level, or in another
language which the City Manager has approved as being needed for City business. Should a conflict
arise regarding designation of an employee for compensation, proficiency and need shall determine who
is eligible. Management will determine where and when the need is greatest, and management will
devise and administer a testing vehicle to determine degrees of proficiency.
Article 17. Certification Pay
The City believes it is beneficial for the City and its employees when an employee enhances his/her skill
set in a manner that adds useful education and/or additional skills to the City service beyond the
minimum requirements of an employee's classification.
A. One-Time Incentive Cash Payment
Eligible certifications must be obtained by testing (certifications issued by virtue of grandfathering
do not apply). It is the expectation that the employee participates in the training and/or classroom
instruction necessary to achieve certification on the employee's own time and at the employee's
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TMEA MOU 2010-11
own expense (classes may be eligible for reimbursement through the tuition reimbursement
program).
Eligible certifications must be obtained after employment (or after promotion), and be directly job-
related and specifically applicable to an employee's job assignment. Certification Pay may be
granted in an amount not to exceed cone-time incentive cash payment of up to $500 per
certification for non-probationary unit employees.
Administration, granting and amounts of Certification Pay are at the sole discretion of City
management.
The cash incentive payment, less applicable taxes, will be made payable to the employee the first
pay period after approval and submission of documentation suitable to the Director of Human
Resources. The amount of the award and tax deducted will be included on the W-2 form issued to
the employee.
Required certifications currently are as follows:
Associate Engineer
Building Inspector
Plan Checker
Senior Building Inspector
Water Distribution Leadworker
Water Distribution Operator I
Water Distribution Operator II
Water Equipment Operator
Water Treatment Operator I
Water Treatment Operator II
CA Professional Engineer Registration
ICC*/ICBO** -Building Inspection Certification
ICBO/ICC -Licensed Plans Examiner
ICC*/IC60** -Building Inspection Certification
CA DHS*** -Grade D2
CaDHS-Grade D 1
CaDHS - Grade D 2
CaDHS - Grade D 2
CaDHS - Grade D 1 & T 1
CaDHS - Grade D 2 & T 2
*ICC -International Code Council
**ICBO -International Conference of Building Officials
***CA DHS -California Department of Health Services
B. Water Division Certification Pay
The following classifications will be eligible to receive one level of certification pay which will be paid
monthly for possessing certification above the level required for their position. Advancement to the
next level can only be reached progressively as follows:
LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4
D2 D3 D4 T1 &
above
Water Distribution Leadworker n/a $50 $75 $100
Water Distribution Operator I $50 n/a n/a n/a
Water Distribution Operator II n/a $50 $75 $100
Water Equipment Operator n/a $50 $75 $100
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TMEA MOU 2010-11
LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5
T2 D2 T3 D3 D4
Water Treatment Operator I $50 $75 n/a n/a n/a
Water Treatment Operator II n/a n/a $50 $75 $100
C. Backflow Certification Pay
Individuals in the classifications of Water Distribution Leadworker, Water Distribution Operator I/II,
Water Equipment Operator, or Water Treatment Operator I/II who possess a Backflow certification
are also eligible to receive Backflow Certification Pay of $50 per month. This certification pay shall
be in addition to the Water Division Certification Pay listed above.
Article 18. Standby Duty
Employees assigned to Standby Duty shall be compensated at the rate of one (1) hour of straight-time
compensation for each eight (8) hours of such duty. Such compensation on Holidays shall be at the rate
of two (2) hours of straight-time compensation for each eight (8) hours of Standby Duty. Additionally,
an employee who is standing by and is required to log on to the SCADA System shall be credited with a
minimum of one-half (1/2) hour work time or the actual time spent in system operation, whichever is
greater. Said minimum will apply to each log-in provided that only one minimum will be credited during
any thirty minute period.
Article 19. Shift Differential Pay
Any unit employee assigned on a regular basis (ten or more continuous working days) to a shift that
includes at least eight hours between 2:30 p.m. and 3:00 a.m. shall receive a Shift Differential of twenty-
five dollars ($25) per pay period. The right to assign and/or reassign an individual to a particular shift is
the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the
grievance and/or discipline appeals process.
Article 20. Call Back Duty
Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for
any call which requires them to return to duty.
Article 21. Acting Pay
A. An employee assigned to temporarily work in a higher classification will receive Acting Pay of 5% of
base pay. This rate will be paid after the employee has been in the assignment for nine (9)
consecutive calendar days. Acting Pay shall only be provided if the employee is performing the full
scope and functions of the higher-level classification. An employee's base salary combined with
Acting Pay can never exceed the salary range of the acting classification.
B. The City will provide Acting Pay for one (1) Maintenance Worker performing street sweeper
operations in a "fill-in" capacity for no more than twenty-six (26) occurrences in a calendar year.
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TMEA MOU 2010-11
Article 22. Educational Incentive Pay
Only employees receiving Educational Incentive Pay as of July 1, 1989, shall be eligible for Educational
Incentive Pay as set forth in Article 17 of the March 31, 1987 MOU. The continuing education
requirement remains the same; however, no employee shall be able to increase his/her amount of
educational incentive pay after July 1, 1989, nor shall any additional employees after July 1, 1989 be
eligible for Educational Incentive Pay. Any employee who becomes ineligible for Educational Incentive
Pay shall not be able to re-qualify.
CHAPTER 3 -BENEFITS
Article 23. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA) ($105 for
calendar year 2010 and $108 for calendar year 2011) as well as an additional amount which is
provided under a Section 125 Flexible Benefits program. The amounts below include the minimum
amount under PEMHCA.
B. The Flexible Benefits contribution per month per eligible employee is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$500 $750 $950
Designated part-time regular employees shall be eligible for the Flexible Benefits contribution on a
pro-rata share based upon position allocation (i.e. a % time employee shall receive a 50%
contribution; a % time employee shall receive a 75% contribution).
C. Employees who do not take medical insurance through the program offered by the City shall receive
$350 per month as the Flexible Benefits Opt-Out contribution. As a condition of receiving such
amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. If the employee
also opts out of the City's dental insurance, the employee must also provide evidence, satisfactory
to the City, that he/she has dental insurance coverage comparable to coverage available through
the City program. Designated part-time regular employees shall be eligible for the Flexible Benefits
Opt-Out contribution on a pro-rata share based upon position allocation (i.e. a %: time employee
shall receive a 50% contribution; a 3/ time employee shall receive a 75% contribution).
D. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City-sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). Employees may
allocate the remaining amount among the following City-sponsored programs:
1. Medical insurance
2. Dental insurance
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3. Additional life insurance
4. Vision insurance
5. Deferred compensation
6. Section 125 Flexible Spending
reimbursement programs)
7. Eligible catastrophic care programs
8. Cash
Account programs (medical and/or dependent care
Discretionary allocations are to be made in accordance with program/City requirements, including
restrictions as to the time when changes may be made in allocations to the respective programs.
E. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this Agreement unless changed by mutual agreement of the City and Association. The City retains
the right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee-funded.
Article 24. Retirement
A. The City's required contribution to the California Public Employees' Retirement System (CaIPERS) 2%
@ 55 plan for Local Miscellaneous members includes both an employer and employee contribution.
The employee contribution is 7% of an employee's wages; the City will contribute 3.5% of the
employee's contribution (Employer Paid Member Contribution) and the employee will contribute
3.5%.
B. Employees in a classification covered by this agreement who are currently employed by the City
shall have a vested right to receive all of the retirement benefits entitled to them as of the effective
date of this agreement.
C. Designated part-time regular employees shall be eligible for participation in CaIPERS in the same
manner as regular full-time employees.
D. If during the term of this Agreement, the employee contribution is reduced by legislative action, the
City will meet and confer with TMEA over dispensation of the extra funds.
Article 25. Employee Life Insurance
The City will provide life insurance on the life of each regular unit employee and pay the required
premiums. The death benefit of said policy for full-time employees shall be the greater of $100,000 or
one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000, up
to a maximum of $200,000. For three quarter (3/) time employees the death benefit shall be the greater
of $75,000 or 100% of the employee's base annual salary to the nearest multiple of $1,000, up to a
maximum of $200,000 and for half-time (1/2) employees it shall be the greater of $50,000 or 100% of
the employee's base annual salary to the nearest multiple of $1,000, up to a maximum of $200,000.
The City will also provide $1,000 per dependent of dependent life insurance.
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TMEA MOU 2010-11
Article 26. Short-Term /Long-Term Disability Insurance
A. The City shall maintain ashort-term /long-term disability (STD/LTD) insurance program for non-
industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of
the STD/LTD insurance carrier.
B. An employee who is receiving STD benefits under the City's program will be granted a leave of
absence for the duration of his/her non-industrial disability subject to a maximum period of six (6)
months. Such leave of absence may be extended for an additional six (6) months under LTD, upon
approval of the City Manager.
C. All unit employees are required to participate in the program. Premiums are deducted from the
employee's pay on anafter-tax basis.
D. In the event anon-industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave during the 30 day period beginning
with the first day of the leave. In the event no leave time is available, the employee shall be on
leave without pay for 80 consecutive hours.
E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre-disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her
pre-disability earnings.
F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently
with FMLA/CFRA leave.
G. For a new employee who has worked for the City for less than 12 consecutive months, and is
therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the
same Flexible Benefits contribution as was provided at the time of the non-industrial injury, for a
period not to exceed 90 days. Should an employee receive 90 days of City-paid Flexible Benefits
within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is
subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall
reimburse the City for his/her previous contribution.
H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever
occurs first), no paid leave shall accrue to the employee.
I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of
60% of pre-disability base salary. The employee may supplement the STD/LTD carrier's payment
with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100%
of his/her pre-disability earnings.
J. The employee is responsible for all benefit elections and payments during his/her leave unless
he/she is eligible to opt out of such elections and chooses to do so. In the event the employee
chooses to continue his/her benefit elections, the employee is required to make timely payment to
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the City for such elections (including the cost of the STD/LTD program). In the event timely payment
is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an
amount equivalent to the premiums owed by the employee. In the event no paid leave is available,
the City is authorized to cancel the employee's coverage.
K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any
rolling 12-month period.
Article 27. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of
benefit both to the employee and to the City. Full-time and designated part-time regular employees
shall be eligible for tuition reimbursement on a pro-rata share based upon position allocation (i.e. a %Z
time employee shall receive a 50% allocation; a 3/ time employee shall receive a 75% allocation).
Employees will be eligible for reimbursement of eligible expenses by the City for professional and
technical courses subject to the following conditions:
1. Department head and Director of Human Resources approval must be obtained before
enrollment in the course.
2. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade and after completion of the initial
probationary period.
3. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same courses.
4. Reimbursement for up to one thousand dollars ($1,000) each calendar year if the employee is
attending a community college, one thousand five hundred dollars ($1500) for employees
attending a job related program through California State or University of California extended
education programs, or two thousand dollars ($2,000) each calendar year if the employee is
attending a four year college or university in pursuit of a bachelor's or master's degree, will be
paid upon receipt by the Human Resources Department of proof of successful completion of the
course and proof that payment of fees has been made. If an employee attends both a
community college and four year college or university in a calendar year the maximum
reimbursement shall be one thousand five hundred dollars ($1,500).
Article 28. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $250 per month for the
payment of CaIPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($105 for
calendar year 2010 and $108 for calendar year 2011).
B. An employee is eligible for this benefit provided that he/she has been continuously employed by the
City for five (5) full years, retires from the City and CaIPERS, and enrolls in a CaIPERS medical
insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable
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to return to work, and take a disability retirement from CaIPERS may satisfy the five (5) year
continuous service requirement using a combination of service with the City and service with any
public agency with a reciprocal retirement system.
C. Reimbursement shall not be made until an employee appears on the City's CaIPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a CaIPERS medical insurance plan; once coverage is dropped,
reimbursement will cease and will not be reinstated.
CHAPTER 4 -LEAVES OF ABSENCE
Article 29. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years 160 hours 400 hours
6-10 years 208 hours 520 hours
Over 10 years 248 hours 620 hours
B. Designated part-time regular employees shall be eligible for General Leave on a pro-rata share
based upon position allocation (i.e. a %: time employee shall receive a 50% allocation; a % time
employee shall receive a 75% allocation).
C. At any time, employees may accumulate General Leave to a maximum of two and one-half (2 %:)
times the employee's annual entitlement. Upon reaching the maximum, accrual will cease until
leave is used to reduce the accrual below the maximum. Upon separation from City service the
employee will be paid for unused Leave, not to exceed the maximum of two and one-half (2 %:) years
entitlement, at the employee's then current base salary rate.
D. Beginning October 2008, regular and promotional probationary employees may request to be paid
for ~ maximum of twenty (20) hours of accrued General Leave. Employee requests will be granted
provided the employee has at least one-half of their maximum accrual of General Leave in their
leave accrual bank. General Leave Cash Out will be paid annually in the first pay period in
November.
Article 30. Compensatory Time Off
A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving
overtime compensation at the rate of one and one-half (1 %_) hours for each hour of overtime
worked. Employees may accrue up to ninety (90) hours of Compensatory Time Off. Employees will
be paid for all Compensatory Time Off in January of each year provided that an employee may retain
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a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to
the City.
B. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with
reasonable notice of such request. "Reasonable notice" is defined as at least two weeks' notice. If
reasonable notice is provided, the employee's request will not be denied unless it would be unduly
disruptive to the department to grant the request. A request to use Compensatory Time Off with
less than two weeks' notice may still be granted within the discretion of the supervisor or manager
responsible for considering the request.
Article 31. Holidays
The following days shall be holidays for which all employees will receive compensation either in pay or
paid time off:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday
occurs on a Saturday, the preceding Friday will be observed instead. If a holiday falls on a day that is also
a bargaining unit member's regular day off, the employee will accrue nine (9) hours to his/her General
Leave bank for the holiday. If a holiday falls on an employee's regularly scheduled working Friday, the
employee will receive eight (8) hours of holiday pay and accrue one (1) hour to his/her General Leave
bank.
Designated part-time regular employees shall be eligible for holidays on a pro-rata share based upon
position allocation (i.e. a % time employee shall receive a 50% allocation; a 3/• time employee shall
receive a 75% allocation).
In 2010, the winter holiday schedule will be as follows:
• Christmas Eve will be observed on Friday, December 24
• Christmas Day (December 25) will be observed on Monday, December 27
• New Year's Eve will be observed on Friday, December 31
• New Year's Day (January 1) will be observed on Monday, January 3, 2011
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Article 32. Family Leave
Consistent with requirements of the Family Medical Leave Act (FMLA) and California Family Rights Act
(CFRA), employees shall have the right to up to twelve (12) weeks of unpaid leave for the purposes
provided by law - to care for the employee or family member (defined as child, parent, spouse or
registered domestic partner) with a serious health condition or to care for a newborn or child placed in
the employee's home for adoption or foster care. During the leave employees will continue to receive
City Flexible Benefits contributions. For all other purposes, FMLA/CFRA leave shall be treated the same
as other unpaid leaves of absence.
Article 33. Bereavement Leave
The City will allow up to five (5) days of paid leave for the purpose of Bereavement Leave in the event of
a death in the immediate family. For purposes of this section, "immediate family" shall be defined as
including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, sister,
child, stepchild, grandparent, and grandchild of the employee or the employee's spouse/registered
domestic partner. Designated part-time regular employees shall be eligible for Bereavement Leave on a
pro-rata share based upon position allocation (i.e. a %2 time employee shall receive a 50% allocation; a 3/<
time employee shall receive a 75% allocation).
CHAPTER 5 -WORKING CONDITIONS
Article 34. Workweek & Work Schedules
A. The workweek for all members of the unit shall be 168 regularly recurring hours. For employees
working a schedule other than the 9/80 work schedule, the workweek shall begin on Sunday at
12:00 a.m. and end at 11:59 p.m. the following Saturday. For employees working the 9/80 work
schedule, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four
(4) hours after the start time of his/her eight (8) hour shift on the day of the week that corresponds
with the employee's alternating regular day off.
B. Any employee's work schedule may be temporarily changed to accommodate training assignments
which are eight (8) or more hours in duration.
C. The City will provide for a seven (7) day notice to affected employees prior to modifications to an
employee's regular work schedule.
D. Individuals wishing to flex hours or modify their work schedule from one day to another (for
example, work 8 hours on Tuesday and 10 hours on Thursday) must receive advance authorization
from their supervisor. An employee's request to modify a work schedule or flex his/her schedule is
not intended, nor shall it be allowed, to enable an overtime liability to the City pursuant to the MOU
or the FLSA.
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Article 35. Rest Periods
A. During each work shift of at least eight (8) hours, two (2) fifteen (15) minute rest periods will be
scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor
and no compensation will be provided for rest periods not taken.
B. Unit employees (other than Field and Water Services employees) are scheduled to take a one (1)
hour lunch period. Individuals wishing to flex a portion of their lunch hour (for example -reduce
lunch to %: hour and leave %2 hour early for the day) must receive advance authorization from their
supervisor.
Article 36.One-Half Hour Lunch: Field & Water Services Employees
The City has agreed to Field and Water Services employees taking cone-half hour lunch in the field. This
is in recognition of the fact that the City anticipates increased efficiency, because, as a general rule,
employees will not return to the Corporation Yard for the lunch break.
Article 37. Uniforms
A. The City will make raingear and overalls available for use by Building Inspectors and Public Works
Inspectors.
B. The City will provide eleven (11) sets of pants/shorts and shirts for each maintenance employee
required to wear a uniform and the City will pay the cost of renting and cleaning the standard-issue
maintenance employee uniforms. Each employee may designate a "mix" of pants and shorts for the
term of the contract with the uniform vendor. This "mix" may not be changed during the term of
the contract with the uniform vendor. Unit employees may substitute one pants/shirt set with a
pair of coveralls. Each employee must have long pants immediately available for wear on a daily
basis. Additional uniforms, laundering, or special services shall be at the employee's expense.
C. Unit employees who separate from City service shall be responsible for the return of all uniforms
and equipment issued and/or purchased on behalf of the employee. Failure to return uniforms
and/or equipment issued will result in a reduction equivalent to the dollar value of the cost of those
items not returned from the employee's final paycheck.
D. Unit employees who separate from City service with less than six (6) months of service shall return
safety shoes or the City shall deduct apro-rata share of the purchase price of the shoes from the
employees' final paycheck.
E. The City shall use appropriate documents for employees to sign to enable the City to take any
necessary payroll deductions should the employee not return his/her uniforms.
Article 38. Commercial Driver's License
A. Employees who have a Commercial Driver's License (whether voluntarily or due to job
requirements) will be reimbursed for the difference between the cost of the license and a regular
non-commercial driver's license. Additionally, the City will provide training and pay for physical
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TMEA MOU 2010-11
examinations necessary to obtain and maintain the Commercial Driver's License for incumbent non-
probationaryemployees.
B. The classifications required to maintain a California Class A or Class B license include (but are not
limited to) Equipment Mechanic, Equipment Operator, Maintenance Leadworker, Senior
Maintenance Worker, Transportation Coordinator, Water Distribution Leadworker, Water
Distribution Operator I/II, Water Equipment Operator, and Water Treatment Operator I/II.
C. Pursuant to State and/or Federal law, in the event an employee is unable to obtain and/or maintain
the license required of his or her classification, the City will attempt to make appropriate
accommodations as required under the law if possible.
Article 39. Temporary Employment
A. Employees appointed to a temporary position shall sign a Personnel Action Form (PAF), which shall
state the duration of the limited term appointment. The duration shall be either:
1. A period of time not to exceed twelve (12) months, which period may be renewed once
only, at the discretion of the City Manager;
2. The length of time required to complete a specific project, which project shall be identified
on the PAF; or
3. In the case of temporary positions that are funded by grants or other outside funding
sources, a period that ends with the expiration of that funding.
B. In the event a temporary employee works for a period exceeding the duration set forth above,
his/her position shall be deemed to be a Permanent position and the employee shall begin aone-
yearprobationary period as of the first day after the period(s) set forth in parts 1, 2, and 3.
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS
Article 40. Appeals Procedure
A. Pre-Disciplinary Meeting and Disciplinary Appeals
1. Pre-Disciplinary Meeting
An employee who has attained a regular appointment shall have the right to apre-disciplinary
meeting before his/her department head or designee whenever the employee may be subject
to a demotion, non-emergency suspension, or non-emergency dismissal. In the event of an
emergency suspension or dismissal a meeting will be conducted by the department head or
designee as soon as practicable after the action has been taken.
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2. Procedure for Pre-Disciplinary Meetings
Notice of a proposed disciplinary action shall be provided to the employee including a statement
of the proposed action, the reasons therefore, and a copy of the charges and materials upon
which the action is based. The employee shall have ten (10) days to respond orally, in writing, or
both to the charges.. Within ten (10) days of the employee's response, he/she will be advised in
writing of the City's decision. If the disciplinary action is upheld, the employee will receive a
Notice of Disciplinary Action stating the action taken, the reasons therefore, and the employee's
right to appeal.
3. Post-Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal
the action in writing to the Director of Human Resources.
4. Effective Date of Disciplinary Action
The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the
effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a
termination, the employee shall cease to be an employee of the City on the effective date of the
termination.
5. Calendar Days
Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s).
6. Appeals Procedure
1. If a timely appeal is filed as provided in the Grievance Procedure (Article 41) or the Pre-
Disciplinary Hearings and Disciplinary Appeals section (Article 40, Section A) the City Manager
may hear the appeal or appoint any City management/supervisory employee or arbiter who has
not been personally involved in the actions giving rise to the discipline to hear the appeal.
2. An "arbiter" is a person with experience acting as a hearing officer on public employment issues.
Any hearing conducted by an arbiter shall not be considered an "arbitration" as defined in Civil
Code Section 1281.6.
In the event that the employee requests that an arbiter hear the appeal, such a request will be
honored provided the request is made within twenty (20) days of the receipt of the department
head's decision. The arbiter shall be chosen from a panel of seven (7) arbiters from a list
provided either by the American Arbitration Association or the State Mediation and Conciliation
Service. The parties shall alternately strike names until one arbiter remains.
4. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a
written report outlining his/her findings, conclusions, and recommendations to the City
Manager.
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5. Within twenty (20) days of the receipt of the hearing officer's report, or the conclusion of the
hearing if it was conducted by the City Manager or his/her City appointee, the City Manager
shall provide his/her written decision to the employee.
C. Hearings
1. Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more
than sixty (60) days, from the date of the filing of the appeal with the City Manager provided
that the parties may agree to a longer or shorter period of time.
2. All hearings involving disciplinary action against an employee shall be closed to the public unless
the affected employee requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating to evidence and
witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule, which might make improper admission of such
evidence over objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil actions. The rules of privilege shall
be effective to the same extent that they are now or hereafter may be recognized in civil and
criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the
admission and exclusion of evidence.
4. Each party shall have these rights: to be represented by legal counsel or other person of his/her
choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing
witnesses; to impeach any witness regardless of which party first called him/her to testify; and
to rebut the evidence against him/her. If the respondent does not testify on her/his own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence shall be taken
only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of
the reporter will be split between the City and TMEA.
5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons,
otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in the hearing. If witnesses are called, the opposing party
shall have the right to cross-examine the witnesses on any matter relevant to the issues,
even though that matter was not covered on direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only, unless the
hearing officer for good reason permits them to offer evidence upon their original case.
d. Closing arguments and written briefs shall be permitted.
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TMEA MOU 2010-11
e. The hearing officer shall determine the relevancy, weight, and credibility of testimony
and evidence. He/she shall base his/her findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing unless the hearing officer, for good cause, otherwise directs.
No still photographs, moving pictures, or television pictures shall be taken in the hearing
chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a
continuance for any reason he/she believes to be important to reaching a fair and
proper decision.
f. The hearing officer shall have no authority to amend, alter, or modify a Memorandum of
Understanding or any sections of the City's Personnel Rules and shall limit his/her
recommendations to the interpretation and application of the Memorandum of
Understanding(s), agreement at issue and/or the City's Personnel Rules.
g. The hearing officer may recommend sustaining or rejecting or modifying the disciplinary
action.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director
of Human Resources, who will forward them to the City Manager. The City Manager, in his/her
sole discretion, may hear limited oral arguments and/or request written statements from either
party on the hearing officer's findings, conclusions, and recommendations. The City Manager
shall inform the appellant of his/her decision regarding the appeal within ten (10) days of the
conclusion of the hearing or if the appeal is heard by a hearing officer other than the City
Manager, within ten (10) days of the receipt of the hearing officer's report. However, the City
Manager may extend the time to issue his/her decision beyond the ten day period if he/she
believes it is necessary. The decision of the City Manager regarding the appeal shall be the final
step in the administrative appeal process. However, any disciplinary action is deemed final as of
the effective date. Copies of the City Manager's decision, including the hearing officer's report
shall be filed where appropriate, including the employee's personnel file. The City Manager's
decision is subject to review by a superior court pursuant to Code of Civil Procedure section
1094.6.
7. If the City Manager chooses to have the appeal heard by an arbiter, the City shall bear the cost
of the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and
TMEA. If the employee organization requested that an arbiter be appointed to hear the appeal
the organization shall pay the cost of the hearing up to a maximum of $1,000; any excess cost
will be shared equally by the City and TMEA. If either party orders a transcript for their review,
the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or
postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court
reporter, the party responsible for the cancellation or postponement shall be solely responsible
for payment of the fee. The arbiter shall submit his/her bills for services to the party which is
obligated to pay them pursuant to this section.
8. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request
of either party, not less than ten (10) days prior to the commencement of the hearing; after
commencement, subpoenas shall be issued only at the discretion of the hearing officer.
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9. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
Article 41. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit employees.
A. Limitations
The procedures set forth in this section shall apply to all grievances involving unit employees.
Excluded from this procedure are grievances related to:
1. The amendment or change of City Council resolutions, ordinances or minute orders, which
do not involve provisions of a Memorandum of Understanding (MOU), the Personnel Rules,
or other agreements between the City and the employee organization.
2. Position classification.
B. Definitions
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules or Memorandum of Understanding, or a
violation or potential violation of state or federal law.
2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules, an agreement between the City and the employee
organization, the Memorandum of Understanding or violation or potential violation of state or
federal law.
3. Grievance Procedure: The process by which the validity of a grievance is determined and
resolution effected.
4. Day: Unless otherwise indicated, "day" or "days" when used in this section shall be calendar
day(s).
C. Procedure
1. Step 1
The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the
exercise of reasonable diligence should have known, of the events giving rise to the grievance.
The grievant shall state the facts necessary to an understanding of the issues involved; refrain
from including any unrelated charges; cite the sections of the City resolutions, agreement,
memorandum of understanding or rules alleged to have been violated and the remedy sought.
The grievant shall submit the grievance form to his/her immediate supervisor, provided that if
the employee suspects or has proof that a federal or state law is being violated or is about to be
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violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of
the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by
employee organization representatives that involve issues potentially impacting the
organization's rights or membership as a whole shall be filed at Step 3.
2. Step 2
If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar
days after receipt of the supervisor's response, submit the grievance to his/her department
head. After receipt of the grievance, the department head will meet with the grievant and make
such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the
department head shall inform the grievant of his/her decision.
3. Step 3
If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization
grievances, the grievant may submit the grievance to the City Manager. Employee grievances
are to be submitted within ten (10) days of receipt of the department head's decision. Such
submittal shall include the original of the grievance form and a written statement of any issues
that are in dispute. The City Manager has the sole discretion to hear the grievance him/herself
or appoint any City management/supervisory employee (except the employee's department
head), or an arbiter, to hear the grievance and submit a recommendation as to resolution of the
grievance. At the hearing, the grievant has the burden of proof and will present his/her case
first.
D. General Provisions
1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the
person or organization representative suspected as having violated provisions of the Personnel
Rules or Memorandum of Understanding. Upon a showing of good cause to the Director of
Human Resources, such discussion may be waived between an employee and his/her immediate
supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate
actions of the supervisor form the basis for the grievance and the employee has reasonable
cause to believe that the supervisor would not be objective.
2. An employee may obtain a grievance form from his/her supervisor or the Human Resources
department. All documents, communications, and records dealing with the processing of
grievances shall be filed separately from personnel files.
3. No retribution or prejudice shall be suffered by employees making use of the grievance
procedure by reason of such use.
4. Failure by management at any step of this procedure to communicate their decision on the
grievance within the specified time limits shall permit the grievant to proceed to the next step.
5. A grievant shall be entitled to be present at all steps of the procedure.
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6. Failure by the grievant to appeal a decision on a grievance within the specified time limits shall
be deemed acceptance of the decision rendered.
7. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
E. Employee Representation
1. An employee may represent him/herself or be represented by a representative of the employee
organization.
2. If an employee chooses not to be represented by the employee organization and the subject of
the grievance involves MOU or other provisions which have been negotiated between the City
and the employee organization, the organization may have staff representatives present
beginning with Step 3, and shall have the right to present the organization's interpretation of
the provisions at issue. Such presentation shall not include comments regarding the merits of
the grievance.
Article 42. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal
attached to a performance evaluation with which the employee disagrees.
An employee may appeal his/her performance evaluation to his/her department head (or another
department head if the employee's department head prepared the evaluation).
Article 43. Meetings
A. TMEA shall be entitled to two (2) City-wide membership meetings each calendar year. These
meetings are in addition to the Memorandum of Understanding ratification meeting allowed TMEA.
TMEA shall provide a minimum of two (2) weeks' advance notice to the City of such meetings.
Employees will be allowed up to one (1) hour of release time to attend each such meeting.
B. Employees who are invited by the City to attend meetings during working hours that are designed to
promote effective communication and cooperation between the City and TMEA shall receive paid
release time for their attendance.
C. In addition to release time for negotiations, team members shall be permitted thirty (30) minutes
before and thirty (30) minutes after negotiations for preparation and consultation.
Article 44. No Strike/Job Action
A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves
and the employees in the bargaining unit that they will not cause or condone any strike, walkout,
work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and
responsibilities, withholding of services or other interference with City operations, including
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TMEA MOU 2010-11
compliance with the request of other employees and/or labor organizations to engage in any or all
of the preceding activities (including sympathy slowdowns and/or sympathy strikes).
B. Any employee who participates in any of the conduct prohibited above shall be subject to discipline
up to and including termination.
C. In the event of such activities, the Association shall immediately instruct any person engaging in
such conduct that they are violating the Agreement and that they are engaging in unauthorized
conduct and should resume full and faithful performance of their job duties.
Article 45. Agency Shop
A. Legislative Authority
The parties mutually understand and agree that as a result of State of California adoption of SB 739,
all full-time and part-time regular employees represented by the Tustin Municipal Employees
Association have the right to join or not join the Association. However, the enactment of a local
"agency shop" requires that as a condition of continuing employment, employees in the respective
bargaining unit must either join the Association or pay to the Association a service fee in lieu
thereof. Such service fee shall be established by the Association, and shall not exceed the standard
initiation fee, periodic dues and general assessments of the Association.
B. Association Dues/Service Fees
1. The Human Resources Department shall provide current full-time and part-time regular
employees, and any full-time and part-time regular employees hired thereafter, in the General
Employees Representation Unit with an authorization notice advising them that Agency Shop for
the Association has been enacted pursuant to state law and an agreement exists with the
Association, and that all employees subject to the Agreement must either join the Association,
pay a service fee to the Association, or execute a written declaration claiming a religious
exemption from this requirement. Such notice shall include a form for the employee's signature
authorizing a payroll deduction of Association dues, a service fee or a charitable contribution
equal to the service fee if they qualify as defined below. Said employees shall have 14 calendar
days from the date they receive the form to fully execute it and return it to the Human
Resources Department.
2. If the form is not completed properly or returned within 14 calendar days, the City shall
commence and continue a payroll deduction of service fees from the regular biweekly
paychecks of such employee. The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first pay period commencing 14
calendar days after receipt of the authorization form by the employee.
3. The employee's earnings must be sufficient after the other legal and required deductions are
made to cover the amount of the dues or fees authorized. When an employee is in a non-pay
status for an entire pay period, no withholding will be made. In the case of an employee in a
non-pay status during part of the pay period, whose salary is not sufficient to cover the full
withholding, no deduction shall be made. In the case of an employee who is receiving
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catastrophic leave benefits during a pay period, no deduction shall be made. In this connection,
all other legal and required deductions (including health care and insurance deductions) have
priority over Association dues and service fees.
C. Religious Exemption
1. Any employee who is a member of a bona fide religion, body or sect that has historically held
conscientious objections to joining or financially supporting public employee organizations shall
upon presentation of active membership in such religion, body, or sect, not be required to join
or financially support any public employee organization as a condition of employment. The
employee shall be required, in lieu of periodic dues, initiation fees or Agency Shop fees, to pay
sums equal to the dues, initiation fees or Agency Shop fees to a nonreligious, non-labor
charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code,
chosen by the employee from the following charities: United Way, Tustin Community
Foundation, or Community Health Charities. Proof of the payments shall be made on an annual
basis to the City as a condition of continued exemption from the requirement of financial
support to the Association.
2. Declarations of or applications for religious exemption and any other supporting documentation
shall be forwarded to the Association within 14 calendar days of receipt by the City. The
Association shall have 14 calendar days after receipt of a request for religious exemption to
challenge any exemption granted by the City. If challenged, the deduction to the charity of the
employee's choice shall commence but shall be held in escrow pending resolution of the
challenge. Charitable contributions shall be made by regular payroll deductions only.
D. Rescission
The Agency Shop provision in this Memorandum of Understanding may be rescinded by a majority
vote of all the employees in the unit covered by the Agreement, provided that:
1. A request for such a vote is supported by a petition containing the signatures at least 30
percent of the employees in the unit.
2. The vote is by secret ballot.
3. The vote may be taken at any time during the term of the represented unit's memorandum
of understanding, but in no event shall there be more than one rescission vote taken during
that term. Notwithstanding the above, the City and the Association may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures regarding a vote on
an agency shop agreement.
4. If a "rescission vote" is approved by unit members during the term of a current
memorandum of understanding, the Association agrees not to petition for or seek agency
shop status for the duration of the current of the memorandum of understanding.
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E. Records
The Association shall keep an adequate itemized record of its financial transactions and shall make
available annually, to the City, and to the employees who are members of the organization, within
60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a
balance sheet and an operating statement, certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a Certified Public Accountant.
F. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any liability arising from
any claims, demands, or other action relating to the City's compliance with the agency fee obligation
including claims relating to the Association's use of monies collected under these provisions. The
City reserves the right to select and direct legal counsel in the case of any challenge to the City's
compliance with the agency fee obligation, and the Association agrees to pay any attorney,
arbitrator or court fees related thereto.
Article 46. Management Rights
The City has the exclusive right to establish Personnel Rules and department regulations, including
subsequent amendments and revisions. In addition, except as otherwise specified in this MOU, the City
has the exclusive right to:
1. Contract or subcontract construction, services, maintenance, distribution or any other work with
outside public or private entities;
2. Suspend provisions of this Agreement in the event of, and for the duration of, an emergency as
determined by the City Council, and/or by County, State or Federal action upon notification to
the Association regarding the nature and expected duration of the emergency;
3. Determine staffing and direct the work force, including the right to hire, promote, demote,
evaluate, transfer, lay off or discharge any employee;
4. Take such further action as may be necessary to organize and operate the City in the most
efficient and economical manner to serve the public interest;
5. Modify the performance evaluation form; and
6. Modify and update class specifications.
Article 47. Layoffs
A. Authority to Lay Off
The City Manager may lay off employees at any time for lack of work, budgetary reasons,
technological changes or other City actions that necessitate a reduction in the work force.
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B. Definitions
1. Original probationary period - an employee's first probation period during continuous City
employment.
2. Promotional probationary period -the probationary period served upon promotion from one
City position to another.
3. Seniority -length of continuous paid service with the City from date of hire into any bargaining
unit position. For purposes of this section, time served on a military leave of absence and a leave
of absence due to a workers' compensation injury shall be considered City service. An employee
shall continue to accrue seniority during any unpaid leave of absence of 30 days or less taken for
any purpose; however, seniority will cease to accrue after 30 days of unpaid leave.
C. Designation of Positions for Layoff
When it becomes necessary to reduce the work force, the City Manager shall designate the
position(s) or classification(s), and division(s), department(s), or other organizational unit(s) in which
positions are to be eliminated. Contract, provisional, and temporary employees in the same
classification as the positions proposed for elimination within the affected organizational unit shall
be laid off first. Probationary promotional employees who are laid off shall be returned to the
position held prior to their promotion.
D. Order of Layoff
1. The names of all original probationary employees occupying positions in the affected class shall
be listed in alphabetical order. The City Manager or his/her designee shall select from this list
one employee, regardless of his/her place on the list, to be laid off for each position to be
abolished.
2. If the positions to be abolished exceed the number of employees available for layoff after layoff
of original probationary employees as described above, a "Subject to layoff List" shall be
prepared. The list shall be composed of all regular and promotional probationary employees in
the class from which a position is to be abolished. Names of the employees shall be listed in
reverse order of their lengths of City service; i.e., those having the least seniority will be listed
first.
3. In selecting employees to be laid off, those employees at the top of the list shall be laid off first.
When employees have equal seniority, the City Manager will select the employee to be laid off
with consideration given to the employee's past performance and in consultation with the
concerned department head.
4. The names of laid off employees shall be listed on a re-employment list in the reverse order of
their dates of layoff.
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TMEA MOU 2010-11
E. Bumping Rights
Any employee subject to layoff who has held regular status in a position in a lower classification in
the class series from which he/she is to be laid off may request placement in the lower classification.
The City has identified the following class series for unit classifications (listed from lower level to
higher level):
1. Accounting Specialist, Payroll Specialist, Senior Accounting Specialist
2. Assistant Engineer, Associate Engineer
3. Assistant Planner, Associate Planner
4. Building Inspector, Senior Building Inspector
5. Maintenance Worker, Senior Maintenance Worker, Equipment Operator, Maintenance
Leadworker
6. Office Support Specialist, Administrative Secretary
7. Recreation Facilities Assistant, Recreation Facilities Leadworker
8. Water Distribution Operator I, Water Distribution Operator II, Water Equipment Operator,
Water Distribution Leadworker
9. Water Treatment Operator I, Water Treatment Operator II
An employee who has been involuntarily transferred to a class from which a layoff is to be made
shall have automatic bumping rights to his/her previous classification for up to one (1) year from the
effective date of the transfer.
F. Severance Assistance
1. Severance Pay
Severance pay of one (1) week per year of service, up to a maximum of four (4) weeks of pay,
will be provided to an employee who is laid off and not offered employment through an
agreement between a contractor and the City. This provision only applies to employees who
actually lose employment with the City, not employees who are placed in another position as a
result of bumping rights.
2. Flexible Benefits Contributions
An employee who is laid off shall have his/her Flexible Benefits contribution continued for an
additional two (2) months following the month in which the employee was laid off if he/she is
not covered by another medical plan at the time.
3. Letters of Recommendation
Letters of recommendation will be provided for an employee whose performance was
satisfactory as of the date of his/her layoff.
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TMEA MOU 2010-11
4. Employment Assistance
Reasonable assistance in locating alternative employment will be provided for an employee who
is laid off.
G. Re-Employment List
The name of every regular employee who is laid off or demoted in lieu of layoff shall be placed on a
re-employment list in reverse order of their dates of layoff.
Names may be removed from a re-employment list for any of the following reasons:
1. The expiration of eighteen (18) months from the date of placement on the list.
2. Re-employment in any permanent full-time position, regardless of department or
classification level.
3. Failure to respond within twenty-one (21) calendar days of mailing of a letter sent via
Certified Mail regarding availability of employment.
4. Failure to report to work within fourteen (14) calendar days of mailing of a registered letter
containing a notice of re-employment, absent mitigating circumstances.
5. An individual requests in writing that his/her name be removed from the list.
H. Re-Employment
Vacancies to be filled within a department shall be offered first to individuals on the re-employment
list who held a position in the same classification as the vacancy to be filled.
A regular employee who has been laid off and is re-employed in a permanent position within
eighteen (18) months from the effective date of his/her layoff shall be entitled to:
1. Buy back and restoration of all General Leave credited to the employee's account on the
effective date of layoff at the same rate as it was paid off. This restoration must be
requested in writing within 30 days of returning to work and must be fully paid back within
six (6) months of the return to work.
2. Restoration of seniority accrued prior to layoff and during layoff.
3. The same General Leave accrual rate that was in effect prior to layoff.
4. Placement in the salary range at the same step held prior to layoff if the employee is
reinstated to the same job classification from which he/she was laid off.
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If the person who is re-employed had not satisfactorily completed the required probationary period
in the department of appointment prior to layoff, he/she shall serve a probationary period upon re-
employment.
I. Notices
At least two (2) weeks' notice (14 calendar days) shall be given to any employee who is to be laid off.
All notices and requested actions referenced in this section shall be in writing and sent by Certified
Mail or delivered personally to the addressee. All notices to the City shall be addressed to the City
Manager. The employee shall be responsible for notifying the City of any address change and any
such notice shall be served in accordance with this paragraph.
J. Displacement of Part-Time Employee
In the event a reduction in force is necessary, apart-time employee may not displace afull-time
employee. However, afull-time employee may displace a less senior part-time employee provided
he/she is otherwise eligible to displace the less senior employee.
K. No Appeal
Employees do not have any right to appeal their layoff from employment.
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IN WITNESS WHEREOF, the parties hereto have executed this document this 18`h day of May 2010.
FOR THE CITY OF TUSTIN
William A. Huston, City Manager
FOR THE TUSTIN MUNICIPAL EMPLOYEES
ASSOCIATION
Frank Apuron, President
Kristi Recchia, Director of Human Resources Robin Vaughn, Vice President
Peter Brown, Liebert Cassidy Whitmore
Eric Loke, Secretary
Tami Berardi, Treasurer
Mario Medina, Board Member
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TMEA MOU 2010-11
APPENDIX A -MONTHLY SALARY RANGES
Effective June 21, 2010
Classification A B C D E
Accounting Specialist 3304.93 3474.16 3652.05 3839.06 4035.65
Administrative Secretary 3858.28 4055.85 4263.53 4481.85 4711.35
Assistant Engineer 5625.17 5913.21 6216.00 6534.29 6868.89
Assistant Planner 4676.19 4915.63 5167.34 5431.93 5710.08
Associate Engineer 6389.09 6716.25 7060.16 7421.68 7801.71
Associate Planner 5180.26 5445.51 5724.36 6017.47 6325.60
Building Inspector 4782.46 5027.35 5284.77 5555.38 5839.85
Building Permit Technician 3562.00 3744.39 3936.13 4137.68 4349.56
Business License Technician 3735.05 3926.31 4127.36 4338.71 4560.87
City Clerk Services Specialist 4179.21 4393.21 4618.17 4854.64 5103.23
Code Enforcement Officer 4595.17 4830.46 5077.81 5337.82 5611.15
Custodian 3313.19 3482.85 3661.18 3848.66 4045.74
Engineering Aide 4382.26 4606.65 4842.54 5090.50 5351.16
Environmental Compliance Specialist 5625.17 5913.21 6216.00 6534.29 6868.89
Equipment Mechanic 4106.80 4317.10 4538.15 4770.53 5014.81
Equipment Operator 3936.13 4137.68 4349.56 4572.28 4806.40
Information Technology Specialist 4903.37 5154.45 5418.39 5695.84 5987.50
Mail and Duplication Specialist 3439.64 3615.76 3800.91 3995.54 4200.14
Maintenance Leadworker 4295.59 4515.55 4746.77 4989.83 5245.34
Maintenance Worker 3371.61 3544.25 3725.74 3916.52 4117.07
Management Analyst 4676.19 4915.63 5167.34 5431.93 5710.08
Office Support Specialist 3661.18 3848.66 4045.74 4252.90 4470.67
Payroll Specialist 3887.29 4086.34 4295.59 4515.55 4746.77
Plan Checker 5625.17 5913.21 6216.00 6534.29 6868.89
Public Works Inspector 4806.40 5052.51 5311.23 5583.19 5869.09
Recreation Facilities Assistant 2607.03 2740.52 2880.85 3028.37 3183.44
Recreation Facilities Leadworker 3482.85 3661.18 3848.66 4045.74 4252.90
Recreation Program Specialist 3296.69 3465.50 3642.95 3829.49 4025.58
Redevelopment Project Manager 6666.13 7007.48 7366.30 7743.49 8140.00
Senior Accounting Specialist 4025.58 4231.72 4448.40 4676.19 4915.63
Senior Building Inspector 5625.17 5913.21 6216.00 6534.29 6868.89
Senior Maintenance Worker 3707.18 3897.01 4096.56 4306.33 4526.84
Transportation Coordinator 2809.81 2953.69 3104.94 3263.92 3431.06
Water Distribution Leadworker 4676.19 4915.63 5167.34 5431.93 5710.08
Water Distribution Operator I 3491.55 3670.34 3858.28 4055.85 4263.53
Water Distribution Operator II 3897.01 4096.56 4306.33 4526.84 4758.63
Water Equipment Operator 4221.16 4437.31 4664.52 4903.37 5154.45
Water Meter Reader 3897.01 4096.56 4306.33 4526.84 4758.63
Water Treatment Operator I 4426.25 4652.89 4891.14 5141.60 5404.87
Water Treatment Operator II 4758.63 5002.30 5258.45 5527.71 5810.76
[31]
RESOLUTION NO. 10-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR
EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY
THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, the City Council of the City of Tustin, California has the authority to
implement California Government Code Section 20691; and
WHEREAS, the City Council has a written labor policy or agreement which
specifically provides for a portion of the normal member contributions to be paid by the
employer; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is
the adoption by the City Council of a Resolution to commence said Employer Paid
Member Contributions (EPMC); and
WHEREAS, the City Council has identified the following conditions for the
purpose of its election to pay EPMC:
A. This benefit shall apply to all employees in classifications represented by
the Tustin Municipal Employees Association (TMEA).
B. This benefit shall consist of paying three and one-half percent (3.5%) of
the normal member contributions as EPMC.
C. The effective date of this Resolution shall be June 21, 2010.
NOW, THEREFORE, BE IT RESOLVED that the City Council elects to pay
EPMC, as set forth above.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 18th day of May 2010.
JERRY AMANTE
Mayor
Resolution 10-43
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ATTEST:
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 10-43 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18t" day of
May 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 10-43
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