HomeMy WebLinkAbout12 MOU TUSTIN POLICE OFFICERS ASSOCIATIONMEETING 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 OFFICER 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 Officer Representation Unit (TPOA) and
reduce the City's expenditures in accordance with Council direction.
RECOMMENDATION
It is recommended that the City Council adopt the following resolutions:
1. Resolution No. 10-62 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TPOA for the period
of June 21, 2010 through June 30, 2011; and
2. Resolution No. 10-63 establishing Employer Paid Member Contributions of 4.5%
for all employees in classifications represented by TPOA who are Local Safety
members of the California Public Employees' Retirement System (CaIPERS);
and
3. Resolution No. 10-64 establishing Employer Paid Member Contributions of 2.5%
for all employees in classifications represented by TPOA who are Local
Miscellaneous members of the California Public Employees' Retirement System
(CaIPERS).
FISCAL IMPACT
Cost savings of approximately $227,241 over the term of the agreement.
City Council Agenda Report
June 1, 2010
Memorandum of Understanding with TPOA and Establishment of EPMC
Page 2
BACKGROUND AND DISCUSSION
The Tustin Police Officers Association -Police Officer Representation Unit (TPOA)
represents Police Officers (Local Safety members of CaIPERS) and Police Recruits
(Local Miscellaneous members of CaIPERS). TPOA currently consists of 68 employees,
all of whom are Police Officers.
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
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 TPOA 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). Beginning with
the effective date of this MOU, the City will reduce EPMC for Police Officers (Local
Safety members of CaIPERS) 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.
For Police Recruits (Local Miscellaneous members of CaIPERS), the City will reduce
EPMC from the full 7% of salary to 2.5%, with the remaining 4.5% paid by employees.
In order to implement these changes, CaIPERS requires the adoption of specific
resolutions, included as Resolution 10-63 and Resolution 10-64.
Effective with the beginning of this MOU, the City's contribution to employees' Section
457 deferred compensation plans will be also be reduced from $37 per biweekly pay
period ($962 per year) to $37 per month ($444 per year). 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
City Council Agenda Report
June 1, 2010
Memorandum of Understanding with TPOA and Establishment of EPMC
Page 3
January 1, 2011 or later. For example, should the City's economic situation be worse
than anticipated, this provision will allow the City and TPOA to discuss further changes.
In this tough economic climate, staff is pleased to have an agreement with TPOA that is
within the parameters established by the Council and appreciative that the terms and
conditions presented have been ratified by the members of TPOA.
Kristi Recchia
Director of Human Resources
Attachments:
1. City Council Resolution No. 10-62
2. MOU between the City and TPOA for June 21, 2010 through June 30, 2011
3. City Council Resolution No. 10-63
4. City Council Resolution No. 10-64
RESOLUTION NO. 10-62
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 OFFICER 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 Officer
Representation Unit (TPOA) have met and conferred in good faith in accordance with
the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPOA 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 TPOA, 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 1St day of June 2010.
Resolution 10-62
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. 10-62 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 10-62
Page2of2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM:
June 21, 2010 -June 30, 2011
TPOA 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. Career Officer Program .......................................................................................................... ..4
Article 15. Standby Duty .......................................................................................................................... ..6
Article 16. Call-Back Duty ........................................................................................................................ ..6
Article 17. Court Pay ................................................................................................................................ ..6
Article 18. Special Assignments ............................................................................................................... ..6
Article 19. Shift Differential Pay .............................................................................................................. ..7
CHAPTER 3 -BENEFITS ................................................................................................................................ ..7
Article 20. Flexible Benefits Plan ............................................................................................................. ..7
Article 21. Retirement ............................................................................................................................. ..8
Article 22. Deferred Compensation ......................................................................................................... ..9
Article 23. Employee Life Insurance ........................................................................................................ ..9
Article 24. Long-Term Disability (LTD) Plan ............................................................................................. 10
Article 25. Tuition Reimbursement ......................................................................................................... 10
Article 26. Retiree Medical Insurance ..................................................................................................... 11
CHAPTER 4 - LEAVES OF ABSENCE .............................................................................................................. 11
TPOA MOU 2010-11
Article 27. General Leave ........................................................................................................................ 11
Article 28. Compensatory Time Off ......................................................................................................... 12
Article 29. Holidays .................................................................................................................................. 12
Article 30. Bereavement Leave ............................................................................................................... 13
Article 31. Military Leave ......................................................................................................................... 14
CHAPTER 5 -WORKING CONDITIONS ......................................................................................................... 14
Article 32. Attendance ............................................................................................................................. 14
Article 33. Work Schedules ..................................................................................................................... 14
Article 34. Rest Periods and Lunch Breaks .............................................................................................. 16
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS ..................................................................................... 16
Article 35. Employee Rights ..................................................................................................................... 16
Article 36. Third Party Advisory Process for Disciplinary Appeals ........................................................... 17
Article 37. Rules of Evidence and Procedure for Employees Removed from Special Assignments........ 20
Article 38. Performance Evaluations ....................................................................................................... 21
Article 39. No Strike /Job Action ............................................................................................................ 21
Article 40. Management Rights ............................................................................................................... 22
Article 41. Layoffs .................................................................................................................................... 22
APPENDIX A -MONTHLY SALARY RANGES ................................................................................................. 24
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION -POLICE OFFICER 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
(hereinafter sometimes referred to as TPOA or Association) pertaining to the wages, hours, benefits and
conditions of employment for employees in the Police Officer Representation Unit; 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 unit 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 as the majority
representative of employees in the Police Officer 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 Officer Representation Unit whether or not they are individually
members of the Tustin Police Officers Association.
B. The classifications constituting the Police Officer Representation Unit are Police Officer and Police
Recruit.
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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TPOA MOU 2010-11
B. The City and TPOA 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 TPOA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, CA 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 of non-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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TPOA 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 may be authorized by the City.
CHAPTER 2 -COMPENSATION
Article 9. Salary
Salary ranges for represented classifications are listed in Appendix A.
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 unit employees
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, provided, however, that Standby time shall not be considered in determining
entitlement to premium pay.
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/nylon gear required
by the department will be provided.
Article 12. Bilingual Pay
Employees in the classification of Police Officer 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) are eligible to receive $250 per month ($115.38 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
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TPOA MOU 2010-11
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. The City shall provide Educational Incentive Pay as an incentive for employees in the classification of
Police Officer to improve their level of education in relevant fields beyond the expected level for
their position.
B. Police Officers are eligible to receive Educational Incentive Pay after six (6) months of City service.
Educational Incentive Pay begins the first pay period after Human Resources receives and certifies
the employee has met all of the eligibility requirements.
C. To apply for Educational Incentive Pay, an employee must be actively at work, provide official
documentation of the required classes and/or degree (associate's, bachelor's, or master's) and have
completed any applicable service requirements.
D. Incentive amounts are as follows:
Degree in Related Field Amount
Associate's or equivalent $175/month ($80.77/pay period)
Bachelor's $325/month ($150.00/pay period)
Master's $375/month ($173.07/pay period)
E. An equivalent to an associate's degree shall include continuing active enrollment in a bachelor's
curriculum with over half of the course work completed. Credit for a class under this plan requires a
grade of "C" or better. Apass/fail course will be deemed to have achieved a "C" grade if the course
was passed. No credit is provided for courses for which the City paid and that were attended
entirely or in substantial part on City time. Employees in a program leading to ajob-related degree
may be given credit for non-job related courses which are required to obtain the degree, but they
shall not exceed 50% of the total credits until the related degree is received. A reasonable
interpretation of the related nature of the degree fields shall be made by the Director of Human
Resources.
F. For purposes of contract negotiations, the Educational Incentive Pay provided for a bachelor's
degree shall be used for future compensation comparisons.
Article 14. Career Officer Program
A. Officers qualifying under the Career Officer Program shall be eligible for additional compensation in
accordance with the following:
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TPOA MOU 2010-11
Level Increase in Requirements
Base Salary
Senior Officer I 2.5% • Five (5) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer (a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
• POST Basic Certificate
• 30 college semester credits (transcripts required)
• "Competent" or better annual performance evaluations for
the previous three (3) consecutive years
• Has accepted additional duties as assigned
Senior Officer II 4.5% • Seven (7) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer (a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
• POST Intermediate Certificate
• 60 college semester credits or an associate's degree
(transcripts required)
• "Competent" or better annual performance evaluations for
the previous three (3) consecutive years
• Has performed as a Senior Officer I for one (1) year
• Has accepted additional duties as assigned
Master Officer 6.5% • Ten (10) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
• POST Advanced Certificate
• 90 college semester credits
• "Competent" or better annual performance evaluations for
the previous five (5) consecutive years
• Has performed as a Senior Officer II for one (1) year
• Has accepted additional duties as assigned
B. Employees are eligible for Career Officer Pay at the beginning of the first pay period following
receipt by the Human Resources Department of documentation that all requirements have been
met and approvals have been processed.
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TPOA MOU 2010-11
Article 15. Standby Duty
A. Unit employees shall be compensated for Standby Duty (except for court appearances) 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 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 for court appearances 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 16. Call-Back Duty
In addition to Standby Pay, if any, employees 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 their shift) which required them to return to duty.
Article 17. Court Pay
A. An employee shall be paid at a rate of time and one-half (1 %2) 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 of such compensation 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 18. Special Assignments
A. Employees assigned to the following Special Assignments (or successor titles) shall receive, in
addition to their regular compensation, premium pay in the amount of two and one-half percent
(2.5%) of base salary provided that at no time may an employee receive more than one (1) Special
Assignment Pay premium:
1. Commercial Enforcement Officer (limited to one individual assignment)
2. Community Impact Officer
3. Field Training Officer
4. Gang Unit Officer
5. Investigator -General Investigations (including OCATT) and Special Investigations (including
RNSP)
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TPOA MOU 2010-11
6. K-9 Officer
7. Motor Officer
8. Professional Standards Personnel Officer /Professional Standards Training Officer
9. School Resource Officer
10. Special Enforcement Detail
B. The City has the absolute discretion regarding the assignment and reassignment of employees to
special assignments. Any such assignment is not vested and may be revoked at any time and any
appeal required by Section 3304(b) of the California Government Code shall be governed by Article
37 of this MOU (Rules of Evidence and Procedure for Employees Removed from Special
Assignments).
C. Each employee performing the assignment of Motor Officer or K-9 Officer will receive one (1) paid
day off per month (10 hours) which is considered compensation for hours worked under the FLSA
for the time spent (as an officer-dog handler or officer motor-handler) at their residence in caring
for the dog/equipment during regular days off and during vacation or sick leave. The parties have
conducted an inquiry of the K-9 officers and have concluded that 10 hours per month is the
approximate time an officer spends caring, grooming, feeding and training the canine while off-duty.
Article 19. Shift Differential Pay
Employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at 6:30
a.m. the following day) shall receive Shift Differential Pay. This differential is designed to compensate
the employee for the inconvenience of working this particular shift. Unit employees receiving this
differential are paid $25 per pay period, limited to 24 pay periods per year.
CHAPTER 3 -BENEFITS
Article 20. 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
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
$550 $800 $1,025
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
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TPOA MOU 2010-11
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 21. 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 (i.e., Police Officers) is the 3% @ 50 formula for Local
Safety members. The plan has been amended to include Section 21574 (Fourth Level of 1959
Survivor Benefits), Section 20042 (One-Year Final Compensation), and Section 21024 (Military
Service Credit as Public Service).
C. The CaIPERS plan in effect for non-safety Miscellaneous members (i.e., Police Recruits) is the 2% @
55 formula for Local Miscellaneous members. The plan has been amended to include Section 21573
(Third Level of 1959 Survivor Benefits), Section 20042 (One-Year Final Compensation), and Section
21024 (Military Service Credit as Public Service).
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D. The City's required contribution to CaIPERS includes both an employer and employee contribution.
For Safety members, 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%. For Miscellaneous members, the employee contribution is 7% of an
employee's wages; the City will contribute 2.5% of the employees' contribution (Employer Paid
Member Contribution) and the employee will contribute 4.5%.
E. Effective July 1, 2011, in addition to the 4.5% contribution paid by employees described in Part D,
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.
F. 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.
G. The employee's contribution will be paid though a payroll deduction from the employee's earnings.
H. All employees shall pay the employee portion of the cost for the 1959 Survivor Benefits.
Article 22. Deferred Compensation
For each unit employee, the City shall contribute $37 per month to a Section 457 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 the
bargaining unit shall be provided with notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
Article 23. 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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Article 24. 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 FM LA/CFRA leave, Flexible Benefits will be continued for ninety
(90) 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.
F. Police Recruits shall participate in the City's Short-Term /Long-Term Disability (STD/LTD) plan under
the same terms, conditions and cost as those employees in the general employee bargaining unit
(TM EA).
Article 25. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of
benefit to the employee and to the City. Full-time employees will be eligible for reimbursement by the
City of tuition for professional 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, or required supplies, upon
completion of the course with a satisfactory grade and after the completion of the initial
probationary period.
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3. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same course.
4. Reimbursement for up to $500 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 $1,000.
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 26. 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 27. 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. In November of each year, each regular and promotional probationary employee may request that
he/she be paid for a maximum of forty (40) hours of accrued General Leave. Employee requests will
be granted provided the employee will retain eighty (80) hours of General Leave in his/her account
after the payout occurs. Upon reaching the maximum, accrual will cease until leave is used to reduce
the accrual below the maximum. Upon separation from the City service the employee will be paid
for unused General Leave, not to exceed the maximum of two and one-half (2 %) years entitlement,
at the employee's then current base salary rate.
C. The use of General Leave for reasons 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.
Article 28. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, the employee may elect the option of accruing
Compensatory Time Off at the rate of time and one-half (1%), subject to a maximum accrual of forty
(40) hours.
B. The time during which an employee may take Compensatory Time Off shall be subject to approval
by the Police Chief 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 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
New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
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Day following Thanksgiving Day
December 24
December 25
December 31
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.
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 Police Chief, require that the time off 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) of each year.
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 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 employee's immediate family. For purposes of this section, "immediate family" shall be
defined as including the spouse, registered domestic partner, mother, stepmother, father, stepfather,
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brother, sister, child, stepchild, grandparent, and grandchild of the employee or the employee's
spouse/registered domestic partner. An employee may use less than five (5) days. 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.
Article 31. Military Leave
Upon notice from the Association that a unit employee has been called to Active Duty, the City will,
within 30 calendar days, place on the City Council Agenda a Resolution for consideration that would
provide the affected employee with supplemental salary in the event his/her military pay and associated
dollar stipends and extras is less than he/she would have earned in base pay if the employee had not
been called to Active Duty.
CHAPTER 5 -WORKING CONDITIONS
Article 32. 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 33. Work Schedules
A. Police Officers work schedules under Section 207(k) of the Fair Labor Standards Act (ELBA).
B. Department work schedules include:
1. The 4/10 work schedule for employees in Special Assignments. 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 (3) consecutive days off.
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2. The 3/12.5 work schedule for employees in Patrol. 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 (4) consecutive days off. During the
28 day work cycle, the employee must work one additional 10-hour shift.
C. Continuation of the schedule is subject to needs of the department, provided that if the department
desires to discontinue that work schedule, the employee will revert to the 9/80 work schedule or
some other schedule upon mutual agreement of the department and employee.
D. Department employees will select shifts as follows:
1. The City is divided into two separate patrol areas -North and South.
2. Patrol officers will select patrol area assignments by seniority every other year.
3. Available shifts will be designated by the department by patrol area. Police Officers will
select shifts in their respective areas twice a year. Police Officers are limited to twelve (12)
consecutive months on any shift assignment (day shift, cover watch, or graveyard). Based on
departmental needs, a Police Officer may be allowed to extend beyond the twelve (12)
consecutive month rotation.
4. Based on department needs, shift assignments may be reserved for probationary Police
Officers during the first twelve (12) months of probation. Shift assignments may be reserved
for lateral Police Officers (with patrol experience) for their first shift assignment. For lateral
Police Officers (without patrol experience) the department may reserve shift assignments
for their first twelve (12) months. The remaining shifts will be selected by patrol area by
seniority.
5. Field Training Officers will be given the opportunity to select shifts by seniority. In the event
the voluntary "by seniority" shift selection does not provide the necessary coverage, the
Chief of Police, or designee, may assign Field Training Officers to shifts that provide
necessary coverage. When making mandatory shift assignments for Field Training Officers,
management will make an effort to adhere to the shift preferences of Field Training Officers.
6. Bilingual Police Officers will be given the opportunity to select shifts by seniority. In the
event the voluntary "by seniority" shift selection does not provide the necessary coverage,
the Chief of Police, or designee, may assign Bilingual Police Officers to shifts that provide
necessary coverage. When making mandatory shift assignments for Bilingual Police Officers,
Management will make an effort to adhere to the shift preferences of Bilingual Police
Officers.
If a Police Officer assigned to a Special Assignment returns to patrol, at a time other than at
shift selection, he/she will be assigned to a patrol area and shift based on the staffing needs
of the department.
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8. If a Police Officer assigned to a Special Assignment returns to patrol, in conjunction with
shift selection, he/she will be assigned to a patrol area but will participate in the shift
selection process based on seniority.
E. Employees assigned to special task forces or regional teams will work the hours that the team
works.
F. Employees may have their work schedule changed to accommodate training assignments which are
eight (8) or more hours in duration.
Article 34. 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 35. Employee Rights
As the recognized representative of the employees covered by this memorandum of understanding, 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.
3. TPOA shall be afforded the reasonable use of department copy machines and faxes 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.
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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 36. Third Party Advisory Process for Disciplinary Appeals
A. Disciplinary actions, which may move beyond the department head's decision, include the actions of
termination, suspension, reduction of salary, and demotion. The "third party" advisory process is the
step between the department head's action and the City Manager's final decision. In the
department head's notice of final disciplinary action (which should be served by registered mail or
personal delivery) shall be a statement which clearly informs the employee that he/she has the
right, within ten (10) working days after receipt of the response, to request the next level of appeal.
The day the employee receives the department head's final notice shall not count as one of the ten
(10) days.
B. The employee's request for the next level of appeal must be addressed to the Director of Human
Resources and received in the Human Resources Department so that same is date stamped by the
Human Resources Department with the ten (10) day period.
C. If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless
good cause for the failure is shown, the action of the department head shall be considered
conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee
involved files such notice of appeal by giving written notice of appeal to the Director of Human
Resources, an appeal hearing shall be established as follows:
1. If a single third party hearing officer cannot be agreed upon by the Director of Human
Resources and the employee's representative (or employee alone if unrepresented), the
American Arbitration Association shall be requested to submit a list of seven (7) persons
qualified to act as arbiters to the City and employee. Within ten (10) days following receipt
of the list of arbiters, the parties shall meet to select the arbiter. The parties shall
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alternately strike one (1) name from the list of arbiters (the right to strike the first name to
be determined by lot) until one (1) name remains, and that person shall be the arbiter.
2. Where practicable, the date for 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 Director of
Human Resources. The parties may stipulate to a longer or shorter period of time in which
to hear the appeal. All interested parties shall be notified in writing of the date, time, and
place of hearing.
3. All hearings shall be private, provided, however, that the arbiter shall, at the request of the
employee, open the hearing to the public.
4. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the
request of either party, not less than five (5) working days, prior to the commencement of
such hearing. After the commencement of such hearing, subpoenas shall be issued only at
the discretion of the arbiter.
5. 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 rules, which might make improper the
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 arbiter shall not be bound by technical rules of
evidence. The arbiter shall rule on the admission or exclusion of evidence.
6. 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 or any matter relevant to the issues even though that matter was not
covered in the direct examination; 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 in his/her 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, unless the parties (City, arbiter, employee/employee
representative) mutually agree that same is not necessary.
7. The hearing shall proceed in the following order, unless the arbiter, for special reason,
otherwise directs:
a. The party imposing discipline shall be permitted to make an opening statement.
b. The appealing party shall then be permitted to make an opening statement.
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c. The party imposing disciplinary action shall produce the evidence on his/her part;
the City bears the burden of proof and burden of producing evidence.
d. The party appealing from such disciplinary action may then open his/her defense
and offer his/her evidence in support thereof; the employee bears the burden of
proof and the burden of producing evidence for any affirmative defenses asserted.
e. The parties may then, in order, respectively offer rebutting evidence only, unless the
arbiter for good reason permits them to offer evidence upon their original case.
f. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
The arbiter shall determine 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
arbiter, in his/her discretion, for good cause, otherwise directs. No still photographs, moving
pictures, or television pictures shall be taken in the hearing chamber during a hearing. The
arbiter, prior to or during a hearing, may grant a continuance for any reasons he/she believes to
be important to reaching a fair and proper decision. The arbiter shall render his/her judgment
as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days
after conducting a hearing. His/her decision shall set forth findings of fact and conclusions. The
opinion shall be advisory only.
The arbiter may recommend sustaining or rejecting any or all of the charges files against the
employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action
invoked against the employee. He/she may not recommend for discipline more stringent than
that invoked by the department head.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a copy sent
to the charged employee, and the Director of Human Resources and shall set forth his/her
findings and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's
recommendation, the opinion shall set forth the recommended date the employee is
recommended to be reinstated and/or other recommended action. The reinstatement date, if
appropriate, may be an time on or after the date of disciplinary action.
10. Within thirty (30) days of the receipt of the arbiter's findings and recommendations, and
transcript (which is optional only in certain cases), whichever date is later, the City Manager
shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of
the arbiter. Prior to making a decision, which modifies or rejects the recommendation of the
arbitrator, the City Manager shall order and read the transcript of the Third Party Advisory
Process. Prior to making a decision which supports the arbiter, the City Manager may order and
read the subject transcript, at his/her option, allow limited oral arguments and/or may request
and review written statements from either side. The decision of the City Manager shall be final
and conclusive. Copies of the City Manager's decision, including the arbiter's
recommendations(s) shall be filed where appropriate, including the employee's personnel file,
unless no discipline is upheld by the City Manager. Each party shall bear equally the cost of
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facilities, fees and expenses of the arbiter, including the court reporter and transcripts. If the
City Manager orders a transcript for his/her review, the City shall bear the cost of providing the
transcript. Each part shall bear its own witness and attorney fees. If either party unilaterally
cancels or postpones a scheduled arbitration, thereby resulting in a fee charged by the arbiter or
court reporter, then the party responsible for the cancellation or postponement shall be solely
responsible for the payment of that fee. This process shall not apply to mutual settlements by
the parties, which result in an arbitration fee.
11. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City
Manager, the time of such suspension, demotion or dismissal shall be effective from the first
day after such delivery of said decision or shall relate back to be effective as of the date the
employee was suspended from duty pending hearing before and decision by the City Manager,
whichever is applicable. If discipline imposed resulted in loss of pay, the pay loss shall be
restored to the employee based on the number of standard work hours lost computed at
his/her then base hourly rate. The provision of Section 1094.6 of the Code of Civil Procedure
shall be applicable to proceedings under this Article.
Article 37. Rules of Evidence and Procedure for Employees Removed from Special Assignments
Any Police Officer removed from a Specialty Pay position for non-disciplinary reasons may file a written
appeal with the City Manager within 10 days of receiving notice of removal, in accordance with the
following:
1. Hearings shall be conducted by the City Manager orhis/ her designee.
2. The question to be decided is whether the City abused its discretion in removing the Police
Officer from the Specialty Pay position.
3. Formal rules of evidence and procedure that may be applicable in a court of law shall not apply
to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of
evidence that responsible persons are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any judicial rule which might have made improper the admission
of such evidence over objection in civil actions. Hearsay evidence may be admitted for the
purpose of supplementing or explaining any direct evidence but shall not be sufficient by itself
to support a finding unless it would be admissible over objection in civil actions. The rules of
privilege shall be applicable to the same extent that they are recognized in civil actions.
4. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-
examine opposing witnesses. If the employee does not testify his or her own behalf, the
employee may be called and examined as if under cross-examination.
5. Testimony shall be recorded by means of either a tape recording or certified court reporter.
6. Witness shall be sworn unless both parties stipulate otherwise.
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7. Written declarations made under penalty of perjury shall be admissible, provided, however, that
declarants shall be made available for testimony at the request of the party against whom the
declaration is offered.
8. The Police Officer appealing the removal from the Specialty Pay position has the burden of
proof. The standard of proof is a preponderance of the evidence. The City shall present its case
first. During the presentation of the City's case, the officer shall have the right to cross-examine
any witness called to testify by the City. During the presentation of the officer's case, the City
shall have the right to cross-examine any witness called by the employee to testify.
9. Both parties shall have the right to counsel. Employee may be represented by the applicable
employee organization representative.
10. Both parties shall have the right to present an opening argument prior to the presentation of
any evidence and a closing argument after the presentation of all evidence.
11. The City Manager, or his/her designee, shall decide all questions of procedure and evidence.
12. The City Manager, or his/her designee, shall issue a written decision within 30 days of 1) the
conclusion of the hearing, or 2) the receipt of post-hearing briefs if such briefs are requested by
the City Manager orhis/her designee.
13. The decision of the City Manager shall be final and binding. If the City Manager chooses to
designate a hearing officer, that hearing officer will make a recommendation based on written
findings to the City Manager, whose decision shall be final and binding.
14. Any objection to the City Manager, or his/her designee, on the grounds of bias, must be made in
writing, stating the reasons therefore, by delivering of the writing to the City Manager no later
than five (5) days prior to the date of the hearing.
Article 38. 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 39. 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
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.
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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 theirjob duties.
Article 40. 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 of this
Agreement.
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 41. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
[22]
TPOA 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 OFFICER
REPRESENTATION UNIT
Gordon Marguiles, President
Colton Kirwan, Vice President
David Welde, Treasurer
Lillian Champ, Secretary
Jeff Taylor, Board Member
[23]
TPOA MOU 2010-11
APPENDIX A -MONTHLY SALARY RANGES
Effective June 21, 2010
Classification A B C D E
Police Officer 5810.76 6108.30 6421.08 6749.88 7095.51
Police Recruit 4306.33 n/a n/a n/a n/a
[24]
RESOLUTION NO. 10-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(CALPERS) FOR EMPLOYEES IN CLASSIFICATIONS
REPRESENTED BY THE TUSTIN POLICE OFFICERS
ASSOCIATION -POLICE OFFICER REPRESENTATION
UNIT WHO ARE CALPERS LOCAL SAFETY MEMBERS
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 Officer Representation Unit
(TPOA) who are CaIPERS Local Safety members.
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 10-63
Page 1 of 2
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. 10-63 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 10-63
Page 2 of 2
RESOLUTION NO. 10-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(CALPERS) FOR EMPLOYEES IN CLASSIFICATIONS
REPRESENTED BY THE TUSTIN POLICE OFFICERS
ASSOCIATION -POLICE OFFICER REPRESENTATION
UNIT WHO ARE CALPERS LOCAL MISCELLANEOUS
MEMBERS
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 Officer Representation Unit
(TPOA) who are CaIPERS Local Miscellaneous members.
B. This benefit shall consist of paying two and one-half percent (2.5%) 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.
Resolution 10-64
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. 10-64 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 10-64
Page 2 of 2