HomeMy WebLinkAbout11 MOU POLICE MANAGEMENT REPRESENTATION UNIT (2)Agenda Item 11
AGENDA REP RT Reviewed:
O City Manager
Finance Director
MEETING DATE: JUNE 1, 2010
TO: WILLIAM HUSTON, CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN POLICE
OFFICERS ASSOCIATION - POLICE MANAGEMENT REPRESENTATION
UNIT 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 Police Officers Association -Police Management Representation Unit (TPMA)
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. 10-60 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TPMA for the period
of June 21, 2010 through June 30, 2011; and
2. Resolution No. 10-61 establishing Employer Paid Member Contributions of 4.5%
for all employees in classifications represented by TPMA.
FISCAL IMPACT
Cost savings of approximately $140,000 over the term of the agreement.
BACKGROUND AND DISCUSSION
The Tustin Police Officers Association -Police Management Representation Unit
(TPMA) represents Police Sergeants and Police Lieutenants. TPMA currently consists
of 23 employees, nineteen (19) Police Sergeants and four (4) Police Lieutenants.
The MOU currently in effect expired on June 30, 2009. Per Council direction, the
expired contract was allowed to remain in effect indefinitely in order to hold costs
City Council Agenda Report
June 1, 2010
Memorandum of Understanding with TPMA and Establishment of EPMC
Page 2
relatively constant. During this time, there were no changes to the terms and conditions
of employment for unit employees.
In January 2010, the Council directed staff to begin labor negotiations and discuss ways
to address a portion of the City's budget shortfall via reductions in labor costs.
Accordingly, the new MOU with TPMA provides the City with substantial reductions in
expenditures. The most significant change resulting from the new MOU is a 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 TPMA, beginning with the effective date of this MOU, the City will reduce EPMC from
8.02% of salary (based on acost-sharing formula outlined in the current MOU) to 4.5%,
with the remaining 4.5% to be paid by employees. In order to implement this change,
CaIPERS requires the adoption of a specific resolution, included as Resolution 10-61.
Effective with the beginning of this MOU, the City's contribution to employees' Section
401(a) deferred compensation plans will be also be reduced from 2.5% of base pay to
2% of base pay. In addition, should the total CaIPERS rate rise above 36.402% (the
rate in effect for Fiscal Year 2010-11), this MOU includes acost-share provision in
which the employees will pay 35% of any increase above that benchmark rate in
addition to the 4.5% employee contribution.
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 TPMA to discuss further changes.
In this tough economic climate, staff is pleased to have an agreement with TPMA that is
within the parameters established by the Council and appreciative that the terms and
conditions presented have been ratified by the members of TPMA.
City Council Agenda Report
June 1, 2010
Memorandum of Understanding with TPMA and Establishment of EPMC
Page 3
;-
Kristi Recchia
Director of Human Resources
Attachments:
1. City Council Resolution No. 10-60
2. MOU between the City and TPMA for June 21, 2010 through June 30, 2011
3. City Council Resolution No. 10-61
RESOLUTION NO. 10-60
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 POLICE OFFICERS ASSOCIATION -
POLICE MANAGEMENT REPRESENTATION UNIT,
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 Police Officers Association - Police
Management Representation Unit (TPMA) have met and conferred in good faith in
accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPMA 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 TPMA, 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.
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 1St day of June 2010.
Resolution 10-60
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. 10-60 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day of
June 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 10-60
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE MANAGEMENT REPRESENTATION UNIT
TERM:
June 21, 2010 -June 30, 2011
TPMA MOU 2010-11
TABLE OF CONTENTS
CHAPTER 1-GENERAL PROVISIONS .............................................................................................................1
Article 1. Recognition ............................................................................................................................... .1
Article 2. Entire Agreement .......................................................................................................................1
Article 3. Reopener ....................................................................................................................................2
Article 4. Severability .................................................................................................................................2
Article 5. Binding on Successors ................................................................................................................2
Article 6. Administrative Regulations ........................................................................................................2
Article 7. Notices ....................................................................................................................................... 2
Article 8. Payroll Deductions ..................................................................................................................... 2
CHAPTER 2 -COMPENSATION ...................................................................................................................... 3
Article 9. Salary .......................................................................................................................................... 3
Article 10. Overtime Compensation .......................................................................................................... 3
Article 11. Uniform Allowance .................................................................................................................. 3
Article 12. Bilingual Pay ............................................................................................................................. 3
Article 13. Educational Incentive Pay ........................................................................................................ 4
Article 14. Standby Duty ............................................................................................................................ 4
Article 15. Call-Back Duty .......................................................................................................................... 5
Article 16. Court Pay .................................................................................................................................. 5
Article 17. Shift Differential Pay ................................................................................................................ 5
CHAPTER 3 -BENEFITS .................................................................................................................................. 5
Article 18. Flexible Benefits Plan ............................................................................................................... 5
Article 19. Retirement ............................................................................................................................... 6
Article 20. Deferred Compensation ........................................................................................................... 7
Article 21. Employee Life Insurance .......................................................................................................... 7
Article 22. Long-Term Disability (LTD) Plan ............................................................................................... 8
Article 23. Tuition Reimbursement ........................................................................................................... 8
Article 24. Car Allowance .......................................................................................................................... 9
Article 25. Retiree Medical Insurance ....................................................................................................... 9
CHAPTER 4 - LEAVES OF ABSENCE ................................................................................................................ 9
Article 26. General Leave .......................................................................................................................... 9
TPMA MOU 2010-11
Article 27. Compensatory Time Off ......................................................................................................... 10
Article 28. Administrative Leave ............................................................................................................. 10
Article 29. Holidays .................................................................................................................................. 11
Article 30. Bereavement Leave ............................................................................................................... 12
CHAPTER 5 -WORKING CONDITIONS ......................................................................................................... 13
Article 31. Attendance ............................................................................................................................. 13
Article 32. Work Schedules ..................................................................................................................... 13
Article 33. Rest Periods and Lunch Breaks .............................................................................................. 14
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS ..................................................................................... 14
Article 34. Employee Rights ..................................................................................................................... 14
Article 35. Performance Evaluations ....................................................................................................... 15
Article 36. No Strike /lob Action ............................................................................................................ 15
Article 37. Management Rights ............................................................................................................... 16
Article 38. Layoffs .................................................................................................................................... 16
APPENDIX A -MONTHLY SALARY RANGES ................................................................................................. 18
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION -POLICE MANAGEMENT REPRESENTATION UNIT
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer-Employee Organization Relations) of the Personnel Rules of the City of Tustin,
City representatives have met and conferred in good faith with the Tustin Police Officers Association
pertaining to the wages, hours, benefits and conditions of employment for employees in the Police
Management Representation Unit (hereinafter sometimes referred to as TPMA or Association); and
WHEREAS, the meeting between the Association and City representatives has resulted in an agreement
and understanding to recommend that the employees represented by the 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 police management employees as set forth herein.
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
A. The City has previously recognized the Tustin Police Officers Association -Police Management
Representation Unit as the majority representative of employees in the Police Management
Representation Unit for purposes of representation on issues of wages, hours and other terms and
conditions of employment. As majority representative, the Association is empowered to act on
behalf of all employees who hold positions in classes in the Police Management Representation Unit
whether or not they are individually members of the Tustin Police Officers Association.
B. The classifications constituting the Police Management Representation Unit are Police Lieutenant
and Police Sergeant.
Article 2. Entire Agreement
A. This agreement, upon ratification and adoption, supersedes all prior practices and agreements,
whether written or oral, unless expressly stated to the contrary herein and constitutes the complete
and entire agreement between the parties and concludes the meet and confer process for its term
unless otherwise expressly provided for herein.
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TPMA MOU 2010-11
B. The City and TPMA agree that any City resolutions, ordinances, rules, regulations or practices that
are in conflict with the MOU and its provisions are subordinate to this MOU and where conflicts
exists this memorandum of understanding shall prevail.
Article 3. 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 4. Severability
If any part of this Agreement 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 Agreement shall not render invalid the remaining part hereof.
Article 5. Binding on Successors
This Agreement 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, sale, transfer or assignment of either party hereto.
Article 6. Administrative Regulations
The City Manager may issue written administrative personnel regulations designed to augment or clarify
the provisions of this MOU.
Article 7. Notices
Notices hereunder shall be in writing and, if to TPMA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, California 92781; and, if to the City, shall be mailed to City
Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 8. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits, including deferred compensation.
3. Contribution to survivor 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.
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TPMA MOU 2010-11
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues and any authorized fees to TPOA.
12. Payment of authorized TPOA deductions.
13. Purchase of United States Savings Bonds.
14. Payment for non-return of uniforms and/or equipment issued.
15. Repayment of unearned Advance Holiday Pay.
16. Other purposes as authorized by the City.
CHAPTER 2 -COMPENSATION
Article 9. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. When the Police Department modified the schedule of Police Lieutenants to a 4/10 schedule, Police
Lieutenants received a 2% increase in salary. If Police Lieutenants return to a 3/12.5 schedule, the
2% salary increase will be removed.
Article 10.Overtime Compensation
A. Employees in the unit are subject to different work schedules. However, all employees are
scheduled to work 160 hours in the 28 day FLSA work period.
B. Overtime is subject to pre-approval by the employee's supervisor. The City shall pay Police
Sergeants overtime compensation at the rate of time and one-half (1 %:) for all hours worked in
excess of:
1. Regularly scheduled hours per shift; or
2. Hours worked on a day the employee is not regularly scheduled to work; or
3. Hours worked in excess of 160 hours in the 28 day FLSA work period.
C. General Leave, Compensatory Time Off and Holiday hours paid shall be counted as hours worked in
these calculations.
Article 11. Uniform Allowance
Employees will be paid a uniform allowance of $429 per year, paid biweekly ($16.50 per pay period for
26 pay periods per year). Special motor officer gear and officer public safety leather gear required by the
department will be provided.
Article 12. Bilingual Pay
Unit employees who successfully pass the City's examination for conversational skill in a language other
than English (which the Director of Human Resources has approved as being needed for City business)
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TPMA MOU 2010-11
are eligible to receive $100 per month ($46.15 per pay period) as a Bilingual Pay incentive. Individuals
are eligible to receive Bilingual Pay at the beginning of the first pay period after Human Resources
receives the employee's test score demonstrating conversational proficiency. Should a conflict arise
regarding designation of an employee for compensation, proficiency and/or need the Director of Human
Resources shall determine who is eligible. The City is responsible for the development and
administration of a testing vehicle to determine proficiency. In addition, management will determine
where within its discretion bilingual proficiency is necessary in a particular work area and if so will
compensate for it.
Article 13. Educational Incentive Pay
A. Unit employees are eligible to receive Educational Incentive Pay at the beginning of the first pay
period after Human Resources receives and certifies the employee has met all of the eligibility
requirements.
B. To apply for Educational Incentive Pay, an employee must be actively at work, provide official
documentation of the required degree (associate's, bachelor's, or master's) and provide a copy of
the applicable POST certificate (Supervisory POST or Management POST) and have completed any
applicable service requirements.
C. Educational Incentive Pay requirements and amounts are as follows:
1. Police Lieutenant
/ Certificate
Associate's
Bachelor's
Master's
Bachelor's + Management or Supervisory POST
Master's + Management or Supervisory POST
2. Police Sergeant
Amount
$250/month ($115.38/pay period)
$375/month ($173.07/pay period)
$425/month ($196.15/pay period)
$450/month ($207.69/pay period)
$475/month ($219.23/pay period)
Degree /Certificate /Experience Amount
Associate's $250/month ($115.38/pay period)
Bachelor's $375/month ($173.07/pay period)
Master's $425/month ($196.15/pay period)
Bachelor's + Supervisory POST + 4 years as a Sergeant $450/month ($207.69/pay period)
Master's + Supervisory POST + 4 years as a Sergeant $475/month ($219.23/pay period)
D. tf a Sergeant promotes to a Lieutenant, the Sergeant will not lose Educational Incentive Pay.
Article 14. Standby Duty
A. Police Sergeants shall be compensated for Standby Duty at the rate of two (2) hours of straight time
for each eight (8) hours required, including Holidays. If an employee is on Standby Duty and the
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TPMA MOU 2010-11
Standby status is canceled, the employee will still receive the full amount of Standby Pay
appropriate for the time frame involved.
B. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate
of two (2) hours of straight time for morning (a.m. hours) appearances and two (2) hours of straight
time for afternoon (p.m. hours) appearances. If a scheduled Standby Duty is canceled and the
employee is not advised of the cancellation before 6:00 p.m. on the day prior to the subpoena date,
the employee shall receive two (2) hours of Standby Pay. A reasonable effort by the City (e.g. phone
call) to notify the employee prior to 6:00 p.m. on the day prior, will negate the two (2) hours of
Standby Pay. Employees who are scheduled for Standby Duty shall advise the department of a
telephone number where they can be either reached or a message can be left to advise them of a
cancellation.
Article 15. Call-Back Duty
In addition to Standby Pay, if any, a Police Sergeant shall receive a minimum of two (2) hours of
overtime compensation paid at a time and one-half (1 %2) rate for any call (fifteen (15) or more minutes
beyond the end of his/her shift) which required him/her to return to duty that does not involve a court
appearance.
Article 16. Court Pay
A. An employee shall be paid at a rate of time and one-half (1 %) for actual time spent in City-required
court appearances that occur during the employee's off-duty hours. A minimum of two (2) hours of
Court Pay will be provided for court appearances scheduled in the morning (a.m. hours) and/or a
minimum of two (2) hours will be paid for court appearances scheduled in the afternoon (p.m.
hours).
B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for
the same time period.
Article 17. Shift Differential Pay
Unit employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at
6:00 a.m. the following day) shall receive $100 per month ($46.15 per pay period) for each month
worked on said shift. This differential is designed to compensate the employee for the inconvenience of
working this particular shift.
CHAPTER 3 -BENEFITS
Article 18. 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 per
month for calendar year 2010 and $108 per month for calendar year 2011) as well as an additional
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TPMA MOU 2010-11
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 is $1,050 per month per eligible employee.
C. Employees who do not take medical insurance through the program offered by the City shall receive
$300 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.
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). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid
out of their Flexible Benefits contribution. Employees may allocate the remaining amount among
the following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Deferred compensation
6. Section 125 Flexible Spending Account for medical or dependent care reimbursement
7. Eligible catastrophic care programs
8. Cash
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 19. Retirement
A. All employees covered under this Agreement shall be members of the California Public Employees'
Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with
CaIPERS, as amended.
B. The CaIPERS plan in effect for Safety members is the 3% @ 50 formula for Local Safety Members.
The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor Benefits),
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TPMA MOU 2010-11
Section 20042 (One-Year Final Compensation), and Section 21024 (Military Service Credit as Public
Service).
C. The City's required contribution to CaIPERS includes both an employer and employee contribution.
For unit employees, the employee contribution is 9% of an employee's wages; the City will
contribute 4.5% of the employees' contribution (Employer Paid Member Contribution) and the
employee will contribute 4.5%.
D. Effective July 1, 2011, in addition to the 4.5% contribution paid by employees described in Part C,
unit employees will contribute an additional amount towards the employee contribution if the total
CaIPERS rate (employer contribution rate plus the 9% percent employee contribution) exceeds
36.402%. When the total CaIPERS rate exceeds 36.402%, the amount above 36.402% will be shared
on a 65% City / 35% employee basis, up to a maximum employee contribution of 3.15% as a result of
this cost-sharing provision. For example, if the total rate is 38.9% (an excess of 2.498%), the City will
contribute 1.6237% of the excess and the employee will be responsible for the remaining 0.8743%.
In the particular example described above, the employee would therefore contribute 5.3743% of the
9% employee contribution and the City would contribute the remaining 3.6257% of the employee
contribution.
E. The City will notify employees of any additional required contribution to CaIPERS resulting from this
provision when it receives the annual notice of rates from CaIPERS.
F. The employee's contribution will be paid though a payroll deduction from the employee's earnings.
G. All employees shall pay the employee portion of the cost for the 1959 Survivor Benefits.
Article 20. Deferred Compensation
For each unit employee, the City shall contribute 2% of the employee's base salary to a Section 401(a)
deferred compensation plan. It is the responsibility of each employee to complete the necessary
paperwork and take required steps to enroll in the plan. Should an employee fail to enroll, the City is
under no obligation to make retroactive contributions on behalf of said employee. Employees hired into
this unit shall be provided with notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
Article 21. Employee Life Insurance
A. The City will provide life insurance on the life of each regular, permanent full-time, employee and
pay the required premiums. The death benefit of said insurance shall be 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. The City will also provide $1,000 per dependent of dependent life insurance.
B. The City shall also make available, at the employee's option, a supplemental life insurance policy.
The premium of the supplemental policy shall be paid by the employee.
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TPMA MOU 2010-11
Article 22. Long-Term Disability (LTD) Plan
A. The TPOA-provided Long-Term Disability (LTD) Insurance Plan specifically for sworn police personnel
in effect as of January 1, 2000 shall continue in full force and effect during the term of this
agreement unless changed by the mutual agreement of the City and the Association.
B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund.
C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during
the initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days.
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.
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.
D. Provided an employee is eligible for FMLA/CFRA leave, Flexible Benefits will be continued for ninety
days of a disability leave and such time will be counted towards satisfying Federal Family Medical
Leave Act (FMLA) and California Family Rights Act (CFRA) requirements.
E. Eligibility for City benefits provided in Parts C and D of this Article is conditioned upon the City's
receipt of proof of disability.
Article 23. 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 employees shall be eligible for tuition
reimbursement and 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 made for tuition fees, textbooks, lab fees, and/or required supplies,
upon completion of the course with a satisfactory grade and after the 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 course.
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TPMA MOU 2010-11
4. Reimbursement for up to $1,000 each calendar year if the employee is attending a community
college, $1,500 if the employee is attending a job related program through California State or
University of California extended education programs, or $2,000 each calendar year if the
employee is attending a four year college or university will be paid upon receipt by the Human
Resources Department of proof of successful completion of the course(s) 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 $1,500.
5. The City has set up procedures that allow for expedient reimbursement for classes taken and
fees paid. Employees may request reimbursement in the calendar year that the class is taken
and completed. Failure to request reimbursement in a timely manner and/or classes taken in
excess of the allowable reimbursement level cannot be carried over to a future year
reimbursement period.
Article 24. Car Allowance
Police Lieutenants will receive a car allowance of $150 per month ($69.23 per pay period).
Article 25. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $350 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 per
month for calendar year 2010 and $108 per month 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
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 26. 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.
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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. The Chief of Police may annually grant an additional eight (8) hours of General Leave to each
employee whose performance is satisfactory.
C. 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 General Leave,
not to exceed the maximum of two and one-half (2 1/2) years entitlement, at the employee's then
current base salary rate.
D. The use of General Leave for a reason other than non-industrial illness or injury must be approved
by the department head and due regard shall be given to the employee's preference in scheduling
such paid leave time.
E. In April of any given year an employee may request that he/she be paid for a maximum of forty (40)
hours of General Leave, or eighty (80) hours if the employee has six (6) or more years of City service.
The employee shall receive payment for the requested hours in the following month of May.
Article 27. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, a Police Sergeant may elect to be credited with
Compensatory Time Off at the rate of time and a half, subject to a maximum accrual of eighty (80)
hours.
B. The time during which an employee may take Compensatory Time Off shall be subject to approval
by the Chief of Police or designee with due regard for the wishes of the employee and for needs of
the service. However, an employee wishing to use his/her accrued Compensatory Time Off shall
provide the City with reasonable notice of such request. 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 without reasonable notice may still be
granted within the discretion of the supervisor or manager responsible for considering the request.
C. Upon separation from City service, an employee shall be compensated for all accrued Compensatory
Time Off at his/her regular rate of pay.
Article 28. Administrative Leave
A. As exempt employees under the Fair Labor Standards Act (ELBA), Police Lieutenants are
compensated for meeting the requirements and performing the duties of their job regardless of the
number or scheduling of hours worked. In lieu of overtime compensation, the City shall provide
Police Lieutenants with an annual credit of forty (40) hours of paid Administrative Leave each
January.
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B. During the first calendar year of employment, Police Lieutenants shall be granted a prorated share
of Administrative Leave at time of appointment, with the amount dependent upon on the
employee's hire date as follows:
Hire Date
Administrative Leave
1st Quarter (January -March) 40 hours
2nd Quarter (April -June) 30 hours
3rd Quarter (July -September) 20 hours
4th Quarter (October- December) 10 hours
C. Each January, subject to guidelines established by the City Manager, the Chief of Police may grant
each Police Lieutenant up to an additional forty (40) hours of Administrative Leave, based on the
individual's prior year's job performance and his/her commitment of time dedicated to City business
in excess of his/her regular work schedule. An employee whose performance is in need of
improvement, pursuant to a performance evaluation or performance improvement plan, is not
eligible to receive additional Administrative Leave. After the conclusion of the first calendar year of
employment, Police Lieutenants shall eligible for a prorated share of additional Administrative
Leave, in accordance with the same guidelines as those governing the initial granting of
Administrative Leave at time of appointment, as specified in this Article (e.g. an employee hired in
the 3rd Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in January
of Year 2).
D. The accrual of Administrative Leave is limited to a maximum of eighty (80) hours at any time.
Granting a request to use Administrative Leave is within the discretion of the Chief of Police.
Article 29. Holidays
A. The following Holidays are observed by the City:
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
B. Except as otherwise provided, when a Holiday occurs on a Sunday, the following Monday will be
observed instead and when a Holiday occurs on a Saturday, the preceding Friday will be observed
instead.
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In 2010, the Holiday schedule will be as follows:
• Christmas Eve will be observed on Friday, December 24th
• Christmas Day (December 25th) will be observed on Monday, December 27th
• New Year's Eve will be observed on Friday, December 31st
• New Year's Day (January 1st) will be observed on Monday, January 3, 2011
C. For the designated Holidays, employees are eligible for nine (9) hours of paid time off for each full
day. Unless operational needs, as determined by the Chief of Police, require that the time be taken
at some other date the time off will be taken on the scheduled Holiday. If the Holiday hours paid on
a Holiday or substituted day off are less than the employee's regularly scheduled hours, the
employee may use accrued Compensatory Time Off or General Leave to ensure that hours paid will
be the same as would regularly be paid for the day.
D. In December of each year, each regular and promotional probationary employee may request
Advance Holiday Pay, a cash out of his/her Holiday credit for the following year in lieu of having time
off. The employee must have General Leave accrued in an amount equivalent to the Holiday cash
out requested to be eligible for full payment of the Advance Holiday Pay in January. In the event the
employee does not have the required hours in his/her General Leave bank, pursuant to the City's
leave report for Pay Period 25 of each year, the Advance Holiday Pay shall be made in two
installments, one in January (January -September holidays) and one in October (October -
December holidays).
The Advance Holiday Pay request may be for 1) all cash, 2) all General Leave, or 3) half cash and half
General Leave. The employee's Advance Holiday Pay request shall be in writing and is irrevocable.
In the event that an employee separates from service and has used and/or been paid for Holidays in
excess of the pro-rata earned hours per month, the overage shall be deducted from his/her final
check.
In the event an employee is on leave, or is not otherwise eligible to receive a paid Holiday, and has
received Advance Holiday Pay, the City shall reduce the employee's leave bank(s) by the amount of
hours of any unearned Holiday previously paid on the payroll immediately following the Holiday (or
as soon as the overpayment is discovered).
Article 30. 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, or grandchild of the employee or the employee's spouse/registered
domestic partner. Bereavement Leave is intended to allow time for an employee to mourn the loss of a
loved one and/or to assist family members during a time of loss. In the event an extended absence or
travel is necessary, the employee may request to use General Leave to supplement Bereavement Leave.
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TPMA MOU 2010-11
CHAPTER 5 -WORKING CONDITIONS
Article 31. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the rules regarding
hours of work, holidays, and leaves.
B. Any employee who is absent from duty shall report the reason for such absence to the department
head or immediate supervisor prior to the absence as far in advance as possible and in no case later
than two (2) hours before the beginning of the employee's scheduled work shift. Absences not
reported in such manner may be considered absence without leave. A deduction of pay may be
made for the duration of any absence without leave. Upon return to work, such absence shall be
justified to the department head who shall consider the need for disciplinary action or to approve
the absence as unavoidable and allow the employee to make up the lost time or cover it with
General Leave.
C. Absence from work without approved leave and without reasonable cause for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. If an employee has a leave of absence without pay in excess of thirty (30) calendar days, continuous
service shall be considered interrupted for purposes of advancement within a salary range. Absence
with pay shall not be considered an interruption of an employee's continuous service and shall not
be deducted in computing total city service time.
Article 32. Work Schedules
A. Police Lieutenants and Police Sergeants work schedules under Section 207(k) of the Fair Labor
Standards Act (ELBA).
B. Department work schedules include:
1. The 4/10 work schedule. In each seven (7) calendar day period, the employee works four 10-
hour days where the scheduled work shift commences and ends at the same time each day
followed by three consecutive days off.
2. The 3/12.5 work schedule. In each seven (7) calendar day period, the employee works three
12.5 hour days where the scheduled work shift commences and ends at the same time each
day and is followed by four consecutive days off. During the 28 day work cycle, the
employee must work one additional 10-hour shift.
C. Individual changes to the work schedule described above will be upon mutual agreement between
the department and the employee.
D. The department will select shifts as follows:
1. The City is divided into two (2) separate patrol areas -North and South.
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TPMA MOU 2010-11
2. Patrol Sergeants will select patrol area assignments by seniority every other year.
3. Patrol Sergeants will select shifts by seniority in their respective areas twice a year. Shifts
have been designated into two blocks and will rotate between the two areas at every shift
change. Generally, Patrol Sergeants will be limited to 12 consecutive months on any shift
assignment (day shift, cover shift or nightshift). Based on departmental needs, a Patrol
Sergeant may be allowed to extend beyond the 12 consecutive month rotation.
4. Based on departmental needs, shift assignments may be reserved for probationary
Sergeants. The remaining shifts will be selected by patrol area by seniority. In the event that
there is only one probationary Sergeant and a significant balance of seniority, this option
may not be exercised.
5. If a Sergeant assigned to a special assignment returns to patrol, he/she will be allowed to
sign up by seniority in the area vacated by his/her replacement. This will be based on the
staffing needs of the department. The Chief of Police will maintain ultimate control of
scheduling per the needs of the agency. However, should the seniority become adversely
imbalanced due to transfers to and from specialty positions during the two year rotation
period, the Chief of Police will make every effort to allow movement between North and
South areas in an attempt to balance seniority.
E. Employees assigned to special task forces or regional teams will work the hours the team works.
F. Employees may have their work schedules changed to accommodate training assignments which are
eight (8) or more hours in duration.
Article 33. Rest Periods and Lunch Breaks
A. All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4)
hours of their work shift. The scheduling of the rest breaks shall be the responsibility of the
employee's supervisor.
B. Employees receive a paid lunch break because they are required to be working or available to
respond immediately to calls for service during their lunch time.
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS
Article 34. Employee Rights
As the recognized representative of the employees covered by this Agreement the City acknowledges
and recognizes the following employee rights:
1. TPOA shall have access to and be provided with payroll deduction of dues, fees, and
assessments without charge through the City's regular payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the posting of notices,
updates, meeting minutes and other material related to TPOA business.
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TPMA MOU 2010-11
3. TPOA shall be afforded the reasonable use of department copy machines and fax machines and
will reimburse the City for any material costs or toll fees for such use.
4. Upon notice and subject to availability the City shall allow TPOA the use of City facilities
including meeting rooms for TPOA membership, Board of Directors and committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for preparation for and
attendance at meetings with management related to the meet and confer process and labor
relations matters.
6. All bargaining unit members shall have the right to representation by TPOA in processing
grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time
to meet with TPOA representatives for discussion and consultation on grievances and
disciplinary appeals.
7. TPOA shall have the exclusive right on behalf of the bargaining unit to meet and confer with
management over matters of wages, benefits, hours, and terms and conditions of employment
pursuant to State and Federal laws.
8. All bargaining unit members shall have the right to join and participate in the activities of TPOA
free from interference, intimidation, coercion, or discrimination.
9. TPOA shall have the right to distribute a reasonable amount of association information and
newsletters at the job site.
10. TPOA representatives shall have the right to reasonable use of department telephones and e-
mailfor the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable access to the
workplace.
12. TPOA representatives may be granted General Leave or other leave for labor relations training.
13. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 35. 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 serve to restrict an employee from having a written
rebuttal attached to a performance evaluation with which the employee disagrees.
Article 36. 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,
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TPMA MOU 2010-11
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
compliance with the request of other employees and/or labor organizations to engage in any or all
of the preceding activities.
B. Any employee who participates in any of the conduct prohibited above may 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 37. Management Rights
Except as otherwise specifically provided for in State and/or Federal laws, and this Agreement, the City
reserves and retains and is vested with all rights of management which have not been expressly
abridged by specific provisions of this Agreement or by law to manage the City. This shall include, but is
not limited to:
1. The right to temporarily suspend the 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. In the event of such suspension of the Agreement, when the emergency is over,
management will immediately initiate the meet and confer process over replacement of any
salary, benefit, or working conditions lost by unit employees as a result of the suspension.
2. The right to determine staffing and direct the work force, including the right to hire, promote,
demote, evaluate, transfer, lay off, or discharge for just cause any employee.
3. The right to contract orsub-contract services and/or work.
4. The right to 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. The right to modify the performance evaluation form.
6. The right to modify and update class specifications.
Article 38. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
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TPMA MOU 2010-11
IN WITNESS WHEREOF, the parties hereto have executed this document this 15t day of June 2010.
FOR THE CITY OF TUSTIN
William A. Huston, City Manager
Kristi Recchia, Director of Human Resources
Peter Brown, Liebert Cassidy Whitmore
FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION - POLICE MANAGEMENT
REPRESENTATION UNIT
Gordon Margulies, President
Mark Hein, Sergeant Representative
John Strain, Lieutenant Representative
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TPMA MOU 2010-11
APPENDIX A -MONTHLY SALARY RANGES
Effective June 21, 2010
Classification A B C D E
Police Lieutenant 9199.39 9670.45 10165.63 10686.17 11233.36
Police Sergeant 7704.92 8099.45 8514.18 8950.16 9408.46
[18]
RESOLUTION NO. 10-61
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 POLICE OFFICERS ASSOCIATION -
POLICE MANAGEMENT REPRESENTATION UNIT
WHEREAS, the City Council 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 Police Officers Association - Police Management
Representation Unit (TPMA).
B. This benefit shall consist of paying four and one-half percent (4.5%) 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 1St day of June 2010.
JERRY AMANTE
Mayor
Resolution 10-61
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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. 10-61 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day of
June 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 10-61
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