HomeMy WebLinkAbout14 ADOPTION OF MOUSAgenda Item _. 14
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AGENDA REPORT City Manager
Finance Director
MEETING DATE: SEPTEMBER 6, 2011
TO: WILLIAM HUSTON, INTERIM CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: MEMORANDA OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION, THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION, THE TUSTIN POLICE OFFICERS ASSOCIATION -POLICE
OFFICER REPRESENTATION UNIT, AND THE TUSTIN POLICE OFFICERS
ASSOCIATION -POLICE MANAGEMENT REPRESENTATION UNIT
SUMMARY
Adoption of the attached Resolutions and Memoranda of Understanding (MOU) will
authorize terms and conditions of employment for employees in classifications
represented by the Tustin Municipal Employees Association (TMEA), the Tustin Police
Support Services Association (TPSSA), the Tustin Police Officers Association -Police
Officer Representation Unit (TPOA), and the Tustin Police Officers Association -Police
Management Representation Unit (TPMA) and reduce the City's long-term expenditures
in accordance with Council direction, particularly with respect to retirement costs.
RECOMMENDATION
It is recommended that the City Council adopt the following Resolutions:
Resolution No. 11-61 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TMEA for the period
of July 1, 2011 through June 30, 2012; and
2. Resolution No. 11-62 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TPSSA for the
period of July 1, 2011 through June 30, 2012; and
3. Resolution No. 11-63 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TPOA for the period
of July 1, 2011 through June 30, 2012; and
4. Resolution No. 11-64 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TPMA for the period
of July 1, 2011 through June 30, 2012.
City Council Agenda Report
September 6, 2011
Memoranda of Understanding with TMEA, TPSSA, TPOA, and TPMA
Page 2
FISCAL IMPACT
For Fiscal Year 2011-12, the agreement with TMEA will result in a net savings to the
City of approximately $4,000, the agreement with TPSSA is cost neutral, and the
agreements with TPOA and TPMA will necessitate an additional cost of $106,205. In
future fiscal years, however, the City's cost savings for all bargaining units will be
significant due to increases in employee contributions to CaIPERS for existing
employees and the implementation of second tier retirement and retiree medical
reimbursement plans for new employees.
BACKGROUND AND DISCUSSION
Prior to the expiration of the existing labor agreements, the City began the labor
negotiations process in February 2011 with the City's four represented bargaining
groups: TMEA, TPSSA, TPOA, and TPMA.
Each bargaining unit's memorandum of understanding (MOU) expired on June 30,
2011. Per Council direction, the expired contracts have remained in effect as the City
and the employee associations met regularly to negotiate successor agreements.
During this time, there were no changes to the terms and conditions of employment for
the represented employees.
After months of challenging negotiations, the City has reached agreement with each of
the four bargaining groups, all with a one year contract term retroactively beginning July
1, 2011 and lasting through June 30, 2012. As directed by Council, the primary focus of
our labor negotiations was to discuss ways to address future costs associated with our
retirement program. Each of the agreements achieves this goal through the adoption of
a second tier of retirement benefits for new employees, increased employee
contributions to the retirement plan for current employees, and a second tier of retiree
medical benefits far new employees.
Miscellaneous (civilian} employees in TMEA and TPSSA currently receive the CaIPERS
2°l0 @ 55 retirement benefit, with the cast of the seven percent employee contribution
split equally between the employees and the City. With the new MOUs, Miscellaneous
employees hired after January 1, 2012 will be enrolled in a new retirement tier, 2°l0 @
60, with new employees paying the full seven percent employee contribution upon hire.
Current employees will continue to pay half of the employee contribution during FY
2011!12 and 2012!13 and will increase their contributions each fiscal year beginning
July 1, 2013. By July 1, 2015, all miscellaneous employees will be paying their full
seven percent employee contribution.
City Council Agenda Report
September 6, 2011
Memoranda of Understanding with TMEA, TPSSA, TPOA, and TPMA
Page 3
Safety employees in TPOA and TPMA currently receive the CaIPERS 3% @ 50
retirement benefit and the City and employees equally split the cost of the nine percent
employee contribution. As a result of this agreement, Safety employees hired after
January 1, 2012 will be enrolled in a new retirement tier, 2% @ 50, and new employees
will pay the full nine percent employee contribution upon hire. Current employees will
continue to pay half of the employee contribution during FY 2011/12 and 2012/13 and
will increase their contributions beginning July 1, 2013. By July 1, 2015, all safety
employees will be paying their full nine percent employee contribution.
The MOUs also include a new tier for the Retiree Medical Reimbursement Program.
Individuals employed before July 1, 2011 are eligible for a monthly stipend (with an
amount that varies by group) if they have been employed with the City far at least five
years, retire from the City and CaIPERS, and enroll in a CaIPERS medical insurance
plan immediately after retirement. New employees hired by the City on or after July 1,
2011 are eligible for the stipend after they have been employed by the City for ten
years, retire from the City and CaIPERS, and enroll in a CaIPERS medical insurance
plan immediately after retirement.
Each of the new agreements also provide increased flexibility within the existing
General Leave Cash Out program. While this modification is cost neutral to City, it
provides a modest benefit to employees by allowing each individual employee to decide
when each fiscal year to participate in the optional program.
In addition, the bargaining units agreed to a handful of specific changes as follows:
TMEA
• Modification to overtime calculation which will result in lower overtime
costs
• Increase of $50 per month for Flexible Benefits contributions for each tier
TPSSA
• Modification of work schedules to allow increased flexibility for the City
and employees without increasing the City's costs
• Revised requirements for Standby Duty compensation
• Addition of procedural language to clarify the shift trading policy
TPOA &TPMA
• Deferral to future fiscal years of scheduled 1.669% increase to employee
contribution to CaIPERS
• Addition of procedural language to clarify the shift trading policy
City Council Agenda Report
September 6, 2011
Memoranda of Understanding with TMEA, TPSSA, TPOA, and TPMA
Page 4
Other changes to the MOUs primarily involve clarification and minor adjustments to
policies, procedures and operational practices that are cost neutral.
Staff is pleased to have agreements that are within the parameters established by
Council and appreciative that the terms and conditions presented have been ratified by
members of each employee association.
Kristi Recchia
Director of Human Resources
Attachments:
1. City Council Resolution No. 11-61
2. MOU between the City and TMEA for July 1, 2011 through June 30, 2012
3. City Council Resolution No. 11-62
4. MOU between the City and TPSSA for July 1, 2011 through June 30, 2012
5. City Council Resolution No. 11-63
6. MOU between the City and TPOA for July 1, 2011 through June 30, 2012
7. City Council Resolution No. 11-64
8. MOU between the City and TPMA for July 1, 2011 through June 30, 2012
RESOLUTION NO. 11-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION,
CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 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
have met and conferred in good faith in
Meyers-Milias-Brawn Act; and
Municipal Employees Association (TMEA)
accordance with the requirements of the
WHEREAS, the City and TMEA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2011 through June 30, 2012, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TMEA, effective July
1, 2011, 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 July 1, 2011, 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 6t" day of September 2011.
Resolution 11-61
Page 1 of 2
JERRY AMANTE
Mayor
ATTEST:
PAMELA STOKER
City Clerk
STATE OF CRLIFORNIA )
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. 11-61 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of
September 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 11-61
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
TERM:
July 1, 2011 to June 30, 2012
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TMEA MOU 2011-12
TABLE OF CONTENTS
CHAPTER 1-GENERAL PROVISIONS .............................................................................................................3
Article 1. Recognition .............................................................................................................................. ..3
Article 2. Represented Classes ................................................................................................................ ..3
Article 3. Ratification ............................................................................................................................... ..5
Article 4. Entire Agreement ..................................................................................................................... ..5
Article 5. Reopener .................................................................................................................................. ..5
Article 6. Severability ............................................................................................................................... ..5
Article 7. Binding on Successors .............................................................................................................. ..5
Article 8. Amendments ............................................................................................................................ ..6
Article 9. Contract Bar ............................................................................................................................. ..6
Article 10. Notices ................................................................................................................................... ..6
Article 11. Association Dues .................................................................................................................... ..6
Article 12. Payroll Deductions ................................................................................................................. ..6
CHAPTER 2 -COMPENSATION .................................................................................................................... ..7
Article 13. Salary ...................................................................................................................................... ..7
Article 14. Overtime Compensation ........................................................................................................ ..7
Article 15. Paid Overtime Meal ............................................................................................................... ..7
Article 16. Bilingual Compensation ......................................................................................................... ..7
Article 17. Certification Pay ..................................................................................................................... ..7
Article 18. Standby Duty .......................................................................................................................... ..9
Article 19. Shift Differential Pay .............................................................................................................. ..9
Article 20. Call Back Duty ........................................................................................................................ ..9
Article 21. Acting Pay ............................................................................................................................... ..9
Article 22. Educational Incentive Pay ...................................................................................................... 10
CHAPTER 3 -BENEFITS ................................................................................................................................ 10
Article 23. Flexible Benefits Plan ............................................................................................................. 10
Article 24. Retirement ............................................................................................................................. 11
Article 25. Employee Life Insurance ........................................................................................................ 12
Article 26. Short-Term /Long-Term Disability Insurance ........................................................................ 12
Article 27. Tuition Reimbursement ......................................................................................................... 13
TMEA MOU 2011-12
Article 28. Retiree Medical Insurance ..................................................................................................... 14
CHAPTER 4 -LEAVES OF ABSENCE .............................................................................................................. 15
Article 29. General Leave ........................................................................................................................ 15
Article 30. Compensatory Time Off ......................................................................................................... 15
Article 31. Holidays .................................................................................................................................. 16
Article 32. Family Leave ........................................................................................................................... 16
Article 33. Bereavement Leave ............................................................................................................... 16
CHAPTER 5 -WORKING CONDITIONS ......................................................................................................... 17
Article 34. Workweek & Work Schedules ............................................................................................... 17
Article 35. Rest Periods ........................................................................................................................... 17
Article 36. One-Half Hour Lunch: Field Services & Water Services Employees ...................................... 17
Article 37. Uniforms ................................................................................................................................ 17
Article 38. Commercial Driver's License .................................................................................................. 18
Article 39. Temporary Employment ........................................................................................................ 18
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS ..................................................................................... 19
Article 40. Appeals Procedure ................................................................................................................. 19
Article 41. Grievance Procedure ............................................................................................................. 22
Article 42. Performance Evaluations ....................................................................................................... 24
Article 43. Meetings ................................................................................................................................ 25
Article 44. No Strike/Job Action .............................................................................................................. 25
Article 45. Agency Shop ........................................................................................................................... 25
Article 46. Management Rights ............................................................................................................... 27
Article 47. Layoffs .................................................................................................................................... 28
APPENDIX A -MONTHLY SALARY RANGES ................................................................................................. 33
TMEA MOU 2010-11
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, in accordance with the provisions of California Government Code Sections 3500 et seq. and
Section 17 (Employer-Employee Organization Relations) of the Personnel Rules of the City of Tustin, the
City's employee representatives have met and conferred in good faith with the representatives of the
Tustin Municipal Employees Association (hereinafter sometimes referred to as TMEA) pertaining to the
subject of wages, benefits and conditions of employment; and
WHEREAS, the meetings between the Tustin Municipal Employees Association and the City
representatives have resulted in an agreement and understanding to recommend that the employees
represented by the Tustin Municipal Employees Association accept all of the terms and conditions as set
forth herein and that the City representatives recommend to the City Council that it adopt by resolution
or resolutions the changes and additions to the wages, hours, and conditions of employment for the
represented classes.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1-GENERAL PROVISIONS
Article 1. Recognition
The Tustin Municipal Employees Association is the majority representative of employees in the
hereinafter listed classes for the purpose of representation on issues of wages, hours, and other terms
and conditions of employment and as such majority representative, the Tustin Municipal Employees
Association is empowered to act on behalf of employees in the General Employees Representation Unit,
whether or not they are individually members of the Tustin Municipal Employees Association.
Article 2. Represented Classes
A. The Tustin Municipal Employees Association represents the following full-time classifications which
are covered by this agreement:
Accounting Specialist
Accountant
Administrative Secretary
Assistant Engineer
Assistant Planner
Associate Engineer
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TMEA MOU 2011-12
Associate Planner
Building Inspector
Building Permit Technician
Business License Technician
City Clerk Services Specialist
Code Enforcement Officer
Custodian
Engineering Aide
Environmental Compliance Specialist
Equipment Mechanic
Equipment Operator
Information Technology Specialist
Mail and Duplication Specialist
Maintenance Leadworker
Maintenance Worker
Management Analyst
Office Support Specialist
Parking Control Specialist
Plan Checker
Public Works Inspector
Recreation Facilities Assistant
Recreation Facilities Leadworker
Recreation Program Specialist
Redevelopment Project Manager
Senior Accounting Specialist
Senior Building Inspector
Senior Maintenance Worker
Water Distribution Leadworker
Water Distribution Operator I/II
Water Equipment Operator
Water Meter Reader
Water Treatment Operator I/II
B. TMEA represents the following part-time regular classifications which are designated pursuant to
the annual budget and covered by this agreement:
Accounting Specialist
Information Technology Specialist
Senior Accounting Specialist
Transportation Coordinator
Part-time regular classifications, designated pursuant to the City budget, are those
classifications/positions that are anticipated to have work scheduled on a regular year-round basis,
for an average of twenty or more hours per week, and the position is anticipated to continue for a
period in excess of twelve months. Such classifications shall be designated as half-time (20-29
hours per week) orthree-quarter time (30-39 hours per week).
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TMEA MOU 2011-12
The City shall budget annually for all positions on a half (%) time, three quarter (3/) time or full time
basis. Only those classifications designated as a regular allocated position shall be included for
representation in this unit.
Article 3. Ratification
This Memorandum contains all the terms and conditions agreed to between the parties. The
Memorandum shall be of no force or effect unless and until duly approved, adopted, ratified, and
agreed to by the City Council, or in alternative, that all of the substantive provisions contained herein
are adopted by Resolution of the City Council.
Article 4. Entire Agreement
This Agreement, upon ratification, supersedes all prior agreements, whether written or oral, unless
expressly stated to the contrary herein, and constitutes the complete and entire agreement between
the parties, and concludes collective bargaining for its term unless otherwise expressly provided herein.
The City and the Association, for the duration of this Agreement, each voluntarily and unqualifiedly
waives the right, and each agrees that the other shall not be obligated, to bargain collectively with
respect to any subject or matter covered in this Agreement, including the impact of the City's exercise of
its rights as set forth herein on wages, hours or terms and conditions of employment. This paragraph
does not waive the right to bargain over any subject or matter not covered in this Agreement which is a
mandatory subject of bargaining and concerning which the City is considering changing during the term
of this Agreement.
Article 5. Reopener
Either side may request to meet and confer over changes to this MOU which may occur prior to January
1, 2012 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2012 or
later.
Article 6. Severability
If any part of this Memorandum is rendered or declared invalid by reason of any existing or
subsequently-enacted legislation, governmental regulation or order or decree of court, the invalidation
of such part of this Memorandum shall not render invalid the remaining parts hereof.
Article 7. Binding an Successors
This Memorandum shall be binding on the successors and assigns of the parties hereto and no
provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by
the consolidation, merger, transfer or assignment of either party hereto.
[S)
TMEA MOU 2011-12
Article 8. Amendments
This Memorandum can be altered or amended only by written agreement between the parties hereto.
Article 9. Contract Bar
The recognition rights of the Tustin Municipal Employees Association shall not be subject to challenge
for a period of not less than twelve (12) months following the date of recognition or until the expiration
of this Memorandum of Understanding, whichever is later; provided that recognition rights may be
challenged between one hundred and twenty (120) and one hundred and fifty (150) days prior to the
expiration of the Memorandum of Understanding and that no Memorandum of Understanding shall be
construed to be a bar for a period of more than three (3) years. Existing Memoranda of Understanding
shall remain in effect even when the recognition rights of employee organizations are changed in
accordance with the provisions of this section.
Article 10. Notices
Notices hereunder shall be in writing, and if to the Tustin Municipal Employees Association, shall be
mailed to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA
92780; and, if to the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA
92780.
Article 11. Association Dues
Consistent with current practice, the City shall continue to deduct Association dues from member
paychecks and forward the dues to the Association.
Article 12. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
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.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues to TMEA.
12. Payment for non-return of uniforms and/or equipment issued.
13. Other purposes as may be authorized by the City and the employee.
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TMEA MOU 2011-12
CHAPTER 2 -COMPENSATION
Article 13. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Upon promotion the employee shall receive a salary adjustment of at least 5%, provided that in no
event shall the promoted employee's salary exceed the maximum of the range.
Article 14. Overtime Compensation
All unit employees shall receive overtime compensation at a rate of time and one-half for all approved
overtime hours worked in excess of forty (40) hours worked in a seven (7) day work period. Holiday,
Jury Duty and Bereavement Leave hours shall be counted as hours worked for purposes of determining
overtime eligibility.
Article 15. Paid Overtime Meal
The City will provide a meal, or provide reimbursement for a meal, in an amount not to exceed $12 for
unit employees who are required to work unscheduled overtime provided the work situation requiring
the overtime is such that the employee is held over, called in early, or called in on his/her day off,
without prior notice, so that the combined regular shift and overtime assignment totals a minimum of
four hours over the employee's regular work shift.
Article 16. Bilingual Compensation
The City shall pay one hundred dollars ($100) per month ($46.15 paid biweekly) to employees in City-
designated positions who demonstrate skill in Spanish at the conversational level, or in another
language which the City Manager has approved as being needed for City business. Should a conflict
arise regarding designation of an employee for compensation, proficiency and need shall determine who
is eligible. Management will determine where and when the need is greatest, and management will
devise and administer a testing vehicle to determine degrees of proficiency.
Article 17. Certification Pay
The City believes it is beneficial for the City and its employees when an employee enhances his/her skill
set in a manner that adds useful education and/or additional skills to the City service beyond the
minimum requirements of an employee's classification.
A. One-Time Incentive Cash Payment
Eligible certifications must be obtained by testing (certifications issued by virtue of grandfathering
do not apply). It is the expectation that the employee participates in the training and/or classroom
instruction necessary to achieve certification on the employee's own time and at the employee's
own expense (classes may be eligible for reimbursement through the tuition reimbursement
program).
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TMEA MOU 2011-12
Eligible certifications must be obtained after employment (or after promotion), and be directly job-
related and specifically applicable to an employee's job assignment. Certification Pay may be
granted in an amount not to exceed cone-time incentive cash payment of up to $500 per
certification for non-probationary unit employees. Employees receiving Water Division Certification
Pay as described below are not eligible for the One-Time Incentive Cash Payment.
Administration, granting and amounts of Certification Pay are at the sole discretion of City
management.
The cash incentive payment, less applicable taxes, will be made payable to the employee the first
pay period after approval and submission of documentation suitable to the Director of Human
Resources. The amount of the award and tax deducted will be included on the W-2 form issued to
the employee.
Required certifications currently are as follows:
Associate Engineer
Building Inspector
Plan Checker
Senior Building Inspector
Water Distribution Leadworker
Water Distribution Operator I
Water Distribution Operator II
Water Equipment Operator
Water Treatment Operator I
Water Treatment Operator II
CA Professional Engineer Registration
ICC*/ICBO** -Building Inspection Certification
ICC*/ICBO** -Licensed Plans Examiner
ICC*/ICBO** -Building Inspection Certification
CA DHS*** -Grade D2
CA DHS*** -Grade D1
CA DNS*** -Grade D2
CA DHS*** -Grade D2
CA DHS*** -Grade D1 & T1
CA DHS*** -Grade D2 & T2
*ICC- International Code Council
**ICBQ -International Conference of Building Officials
***CA DHS -California Department of Health Services
B. Water Division Certification Pay
The following classifications will be eligible to receive one level of certification pay which will be paid
monthly for possessing certification above the level required for their position. Advancement to the
next level can only be reached progressively as follows:
LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4
D2 D3 D4 T1 &
above
Water Distribution Leadworker n/a $50 $75 $100
Water Distribution Operator I $50 n/a n/a n/a
Water Distribution Operator II n/a $50 $75 $100
Water Equipment Operator n/a $50 $75 $100
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TMEA MOU 2011-12
LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL S
T2 D2 T3 D3 D4
Water Treatment Operator I $50 $75 n/a n/a n/a
Water Treatment Operator II n/a n/a $50 $75 $100
C. Backflow Certification Pay
Individuals in the classifications of Water Distribution Leadworker, Water Distribution Operator I/II,
Water Equipment Operator, or Water Treatment Operator I/II who possess a Backflow certification
are also eligible to receive Backflow Certification Pay of $50 per month. This certification pay shall
be in addition to the Water Division Certification Pay listed above.
Article 18. Standby Duty
Employees assigned to Standby Duty shall be compensated at the rate of one (1) hour of straight-time
compensation for each eight (8) hours of such duty. Such compensation on Holidays shall be at the rate
of two (2) hours of straight-time compensation for each eight (8) hours of Standby Duty. Additionally,
an employee who is standing by and is required to log on to the SCADA System shall be credited with a
minimum of one-half (1/2) hour of work time or the actual time spent in system operation, whichever is
greater. Said minimum will apply to each log-in provided that only one minimum will be credited during
any thirty minute period.
Article 19. Shift Differential Pay
Any unit employee assigned on a regular basis (ten or more continuous working days) to a shift that
includes at least eight hours between 2:30 p.m. and 3:00 a.m. shall receive Shift Differential Pay of
twenty-five dollars ($25) per pay period. The right to assign and/or reassign an individual to a particular
shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject
to the grievance and/or discipline appeals process.
Article 20. Call Back Duty
Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for
any call which requires them to return to duty.
Article 21. Acting Pay
A. An employee assigned to temporarily work in a higher classification will receive Acting Pay of 5% of
base pay. This rate will be paid after the employee has been in the assignment for nine (9)
consecutive calendar days. Acting Pay shall only be provided if the employee is performing the full
scope and functions of the higher-level classification. An employee's base salary combined with
Acting Pay can never exceed the salary range of the acting classification.
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TMEA MOU 2011-12
B. The City will provide Acting Pay for one (1) Maintenance Worker or Senior Maintenance Worker
performing street sweeper operations in a "fill-in" capacity for no more than twenty-six (26)
occurrences in a calendar year. The hourly rate of pay shall be Step E of Equipment Operator.
Article 22. Educational Incentive Pay
Only employees receiving Educational Incentive Pay as of July 1, 1989, shall be eligible for Educational
Incentive Pay as set forth in Article 17 of the March 31, 1987 MOU. The continuing education
requirement remains the same; however, no employee shall be able to increase his/her amount of
educational incentive pay after July 1, 1989, nor shall any additional employees after July 1, 1989 be
eligible for Educational Incentive Pay. Any employee who becomes ineligible for Educational Incentive
Pay shall not be able to re-qualify.
CHAPTER 3 -BENEFITS
Article 23. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA) ($108 for
calendar year 2011 and $112 for calendar year 2012) as well as an additional amount which is
provided under a Section 125 Flexible Benefits program. The amounts below include the minimum
amount under PEMHCA.
B. The Flexible Benefits contribution per month per eligible employee is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$500 $750 $950
Designated part-time regular employees shall be eligible for the Flexible Benefits contribution on a
pro-rata share based upon position allocation (i,e. a % time employee shall receive a 50%
contribution; a 3/ time employee shall receive a 75% contribution).
C. Effective January 1, 2012 the Flexible Benefit contribution per month per eligible employee is as
follows:
Employee Only Employee +1 Employee +2
Dependent or More Dependents
$550 $800 $1000
D. Employees who do not take medical insurance through the program offered by the City shall receive
$350 per month as the Flexible Benefits Opt-Out contribution. As a condition of receiving such
amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. If the employee
also opts out of the City's dental insurance, the employee must also provide evidence, satisfactory
to the City, that he/she has dental insurance coverage comparable to coverage available through
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TMEA MOU 2011-12
the City program. Designated part-time regular employees shall be eligible for the Flexible Benefits
Opt-Out contribution on a pro-rata share based upon position allocation (i.e. a %2 time employee
shall receive a 50% contribution; a 3/ time employee shall receive a 75% contribution).
E. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City-sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). Employees may
allocate the remaining amount among the following City-sponsored programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Deferred compensation
6. Section 125 Flexible Spending Account programs (medical and/or dependent care
reimbursement programs)
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.
F. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this Agreement unless changed by mutual agreement of the City and Association. The City retains
the right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee-funded.
Article 24. Retirement
A. 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.
B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the
CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous
members. The plan includes both an employer and employee contribution. The employee is
responsible for paying the employee contribution of the employee's wages through a payroll
deduction as follows:
July 1, 2011 3.5%
July 1, 2012 3.5%
July 1, 2013 4.5%
July 1, 2014 5.75%
July 1, 2015 7%
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TMEA MOU 2011-12
The City will contribute the remainder of the employee contribution as Employer Paid Member
Contributions. 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). The employee is responsible for paying the employee portion of the 1959 Survivor
benefit premium.
C. Miscellaneous members employed by the City on or after January 1, 2012 shall be enrolled in the
CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and
employee contribution. The employee is responsible for paying the employee contribution of 7% of
the employee's wages through a payroll deduction. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated by
the employee in accordance with Government Code Section 20037. The plan provides for 3`d level
of 1959 Survivor benefits with the employee paying the employee portion of the premium.
D. Designated part-time regular employees shall be eligible for participation in CaIPERS in the same
manner as regular full-time employees.
Article 25. Employee Life Insurance
The City will provide life insurance for each regular unit employee and pay the required premiums. The
death benefit of said policy for full-time employees shall be the greater of $100,000 or one hundred
percent (100%) of the employee's base annual salary to the nearest multiple of $1,000, up to a
maximum of $200,000. For three quarter (3/) time employees the death benefit shall be the greater of
$75,000 or 100% of the employee's base annual salary to the nearest multiple of $1,000, up to a
maximum of $200,000 and for half-time (1/2) employees it shall be the greater of $50,000 or 100% of
the employee's base annual salary to the next highest multiple of $1,000, up to a maximum of $200,000.
The City will also provide $1,000 per dependent of dependent life insurance.
Article 26. Short-Term /Long-Term Disability Insurance
A. The City shall maintain ashort-term /long-term disability (STD/LTD) insurance program for non-
industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of
the STD/LTD insurance carrier.
B. An employee who is receiving STD benefits under the City's program will be granted a leave of
absence for the duration of his/her non-industrial disability subject to a maximum period of six (6)
months. Such leave of absence may be extended for an additional six (6) months under LTD, upon
approval of the City Manager.
C. All unit employees are required to participate in the program. Premiums are deducted from the
employee's pay on an after-tax basis.
D. In the event anon-industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave during the 30 day period beginning
with the first day of the leave. In the event no leave time is available, the employee shall be on
leave without pay for 80 consecutive hours.
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TMEA MOU 2011-12
E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre-disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her
pre-disability earnings.
F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently
with FMLA/CFRA leave.
G. For a new employee who has worked for the City for less than 12 consecutive months, and is
therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the
same Flexible Benefits contribution as was provided at the time of the non-industrial injury, for a
period not to exceed 90 days. Should an employee receive 90 days of City-paid Flexible Benefits
within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is
subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall
reimburse the City for his/her previous contribution.
H. Once the employee is on leave without pay, ar the first 80 hours of leave has passed (whichever
occurs first), no paid leave shall accrue to the employee.
I. After the 30 day elimination period, the STD/LTD carrier wi11 provide the employee with a benefit of
60% of pre-disability base salary. The employee may supplement the STD/LTD carrier's payment
with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100%
of his/her pre-disability earnings.
J. The employee is responsible for all benefit elections and payments during his/her leave unless
he/she is eligible to opt out of such elections and chooses to do so. In the event the employee
chooses to continue his/her benefit elections, the employee is required to make timely payment to
the City for such elections (including the cost of the STD/LTD program). In the event timely payment
is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an
amount equivalent to the premiums owed by the employee. In the event no paid leave is available,
the City is authorized to cancel the employee's coverage.
K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any
rolling 12-month period.
Article 27. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of
benefit both to the employee and to the City. Full-time and designated part-time regular employees
shall be eligible for tuition reimbursement on a pro-rata share based upon position allocation (i.e. a
time employee shall receive a 50% allocation; a 3/ time employee shall receive a 75% allocation).
Employees will be eligible for reimbursement of eligible expenses by the City for professional and
technical courses subject to the following conditions:
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TMEA MOU 2011-12
1. Department head and Director of Human Resources approval must be obtained before
enrollment in the course.
2. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade and after completion of the initial
probationary period.
3. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same courses.
4. Reimbursement for up to one thousand dollars ($1,000) each calendar year if the employee is
attending a community college, one thousand five hundred dollars ($1,500) if the employee is
attending a job related program through California State or University of California extended
education programs, or two thousand dollars ($2,000) each calendar year if the employee is
attending a four year college or university in pursuit of a bachelor's or master's degree, will be
paid upon receipt by the Human Resources Department of proof of successful completion of the
course and proof that payment of fees has been made. If an employee attends both a
community college and four year college or university in a calendar year the maximum
reimbursement shall be one thousand five hundred dollars ($1,500).
Article 28. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $250 per month for the
payment of CaIPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($108 for
calendar year 2011 and $112 for calendar year 2012).
B. A unit employee hired by the City prior to July 1, 2011 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. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided. that
he/she has been continuously employed by the City for ten (10) 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 ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. 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.
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TMEA MOU 2011-12
CHAPTER 4 -LEAVES OF ABSENCE
Article 29. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years 160 hours 400 hours
6-10 years 20$ hours 520 hours
Over 10 years 248 hours 620 hours
B. Designated part-time regular employees shall be eligible for General Leave on a pro-rata share
based upon position allocation (i.e. a % time employee shall receive a 50% allocation; a 3/ time
employee shall receive a 75% allocation).
C. At any time, employees may accumulate General Leave to a maximum of two and one-half (2 %2)
times the employee's annual entitlement. Upon reaching the maximum, accrual will cease until
leave is used to reduce the accrual below the maximum. Upon separation from City service the
employee will be paid for unused Leave, not to exceed the maximum of two and one-half (2 %z) years
entitlement, at the employee's then current base salary rate.
D. Regular and promotional probationary employees may request to be paid for a maximum of twenty
(20} hours of accrued General Leave. Employee requests will be granted provided the employee has
at least one-half of their annual accrual of General Leave in their leave accrual bank. General Leave
Cash Out will be granted once per fiscal year per employee.
Article 30. Compensatory Time Off
A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving
overtime compensation at the rate of one and one-half (1 %) hours for each hour of overtime
worked. Employees may accrue up to ninety (90) hours of Compensatory Time Off. Employees will
be paid for all Compensatory Time Off in January of each year provided that an employee may retain
a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to
the City.
B. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with
reasonable notice of such request. "Reasonable notice" is defined as at least two weeks' notice. If
reasonable notice is provided, the employee's request will not be denied unless it would be unduly
disruptive to the department to grant the request. A request to use Compensatory Time Off with
less than two weeks' notice may still be granted within the discretion of the supervisor or manager
responsible for considering the request.
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TMEA MOU 2011-12
Article 31. Holidays
The following days shall be holidays for which all employees will receive compensation either in pay or
paid time off:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday
occurs on a Saturday, the preceding Friday will be observed instead. If a holiday falls on a day that is also
a bargaining unit member's regular day off, the employee will accrue nine (9) hours to his/her General
Leave bank for the holiday. If a holiday falls on an employee's regularly scheduled working Friday, the
employee will receive eight (8) hours of holiday pay and accrue one (1) hour to his/her General Leave
bank.
Designated part-time regular employees shall be eligible for holidays on a pro-rata share based upon
position allocation (i.e. a %2 time employee shall receive a 50% allocation; a 3/ time employee shall
receive a 75% allocation).
Article 32. Family Leave
Consistent with requirements of the Family Medical Leave Act (FMLA) and California Family Rights Act
(CFRA), employees shall have the right to up to twelve (12) weeks of unpaid leave for the purposes
provided by law - to care for the employee or family member (defined as child, parent, spouse or
registered domestic partner) with a serious health condition or to care for a newborn or child placed in
the employee's home for adoption or foster care. During the leave employees will continue to receive
City Flexible Benefits contributions. For all other purposes, FMLA/CFRA leave shall be treated the same
as other unpaid leaves of absence.
Article 33. Bereavement Leave
The City will allow up to five (5) days of paid leave for the purpose of Bereavement Leave in the event of
a death in the immediate family. For purposes of this section, "immediate family" shall be defined as
including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, sister,
child, stepchild, grandparent, and grandchild of the employee or the employee's spouse/registered
domestic partner. Designated part-time regular employees shall be eligible for Bereavement Leave on a
pro-rata share based upon position allocation (i.e. a % time employee shall receive a 50% allocation; a
time employee shall receive a 75% allocation).
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TMEA MOU 2011-12
CHAPTER 5 -WORKING CONDITIONS
Article 34. Workweek & Work Schedules
A. The workweek for all members of the unit shall be 168 regularly recurring hours. For employees
working a schedule other than the 9/80 work schedule, the workweek shall begin on Sunday at
12:00 a.m. and end at 11:59 p.m. the following Saturday. For employees working the 9/80 work
schedule, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four
(4) hours after the start time of his/her eight (8) hour shift on the day of the week that corresponds
with the employee's alternating regular day off.
B. Any employee's work schedule may be temporarily changed to accommodate training assignments
which are eight (8) or more hours induration.
C. The City will provide a seven (7) day notice to affected employees prior to modifications to an
employee's regular work schedule.
D. Individuals wishing to flex hours or modify their work schedule from one day to another (for
example, work 8 hours on Tuesday and 10 hours on Thursday) must receive advance authorization
from their supervisor. An employee's request to modify a work schedule or flex his/her schedule is
not intended, nor shall it be allowed, to enable an overtime liability to the City pursuant to the MOU
or the FLSA.
Article 35. Rest Periods
A. During each work shift of at least eight (8) hours, two (2) fifteen (15) minute rest periods will be
scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor
and no compensation will be provided for rest periods not taken.
B. Unit employees (other than Field Services and Water Services employees) are scheduled to take a
one (1) hour lunch period. Individuals wishing to flex a portion of their lunch hour (for example -
reduce lunch to % hour and leave % hour early for the day) must receive advance authorization from
their supervisor.
Article 36. One-Half Hour Lunch: Field Services & Water Services Employees
The City has agreed to Field Services and Water Services employees taking cone-half hour lunch in the
field. This is in recognition of the fact that the City anticipates increased efficiency, because, as a
general rule, employees will not return to the Corporation Yard for the lunch break.
Article 37. Uniforms
A. The City will make raingear and overalls available for use by Building Inspectors, Senior Building
Inspectors and Public Works Inspectors.
B. The City will provide eleven (11) sets of pants/shorts and shirts for each maintenance employee
required to wear a uniform and the City will pay the cost of renting and cleaning the standard-issue
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TMEA MOU 2011-12
maintenance employee uniforms. Each employee may designate a combination of pants and shorts
for the term of the contract with the uniform vendor. This combination may not be changed during
the term of the contract with the uniform vendor. Unit employees may substitute one pants/shirt
set with a pair of coveralls. Each employee must have long pants immediately available for wear on
a daily basis. Additional uniforms, laundering, or special services shall be at the employee's
expense.
C. Unit employees who separate from City service shall be responsible for the return of all uniforms
and equipment issued and/or purchased on behalf of the employee. Failure to return uniforms
and/or equipment issued will result in a reduction equivalent to the dollar value of the cost of those
items not returned from the employee's final paycheck.
D. Unit employees who separate from City service with less than six (6) months of service shall return
safety shoes or the City shall deduct apro-rata share of the purchase price of the shoes from the
employees' final paycheck.
E. The City shall use appropriate documents for employees to sign to enable the City to take any
necessary payroll deductions should the employee not return his/her uniforms.
Article 38. Commercial Driver's License
A. Employees who have a Commercial Driver's License (whether voluntarily or due to job
requirements) will be reimbursed for the difference between the cost of the license and a regular
non-commercial driver's license. Additionally, the City will provide training and pay for physical
examinations necessary to obtain and maintain the Commercial Driver's License for incumbent non-
probationary employees.
B. The classifications required to maintain a California Class A or Class B license include (but are not
limited to) Equipment Mechanic, Equipment Operator, Maintenance Leadworker, Senior
Maintenance Worker, Transportation Coordinator, Water Distribution Leadworker, Water
Distribution Operator I/II, Water Equipment Operator, and Water Treatment Operator I/II.
C. Pursuant to State and/or Federal law, in the event an employee is unable to obtain and/or maintain
the license required of his or her classification, the City will attempt to make appropriate
accommodations as required under the law if possible.
Article 39. Temporary Employment
A. Employees appointed to a temporary position shall sign a Personnel Action Form (PAF), which shall
state the duration of the limited term appointment. The duration shall be either:
1. A period of time not to exceed twelve (12) months, which period may be renewed once
only, at the discretion of the City Manager;
2. The length of time required to complete a specific project, which project shall be identified
on the PA F; or
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TMEA MOU 2011-12
3. In the case of temporary positions that are funded by grants or other outside funding
sources, a period that ends with the expiration of that funding.
B. In the event a temporary employee works for a period exceeding the duration set forth above,
his/her position shall be deemed to be a Permanent position and the employee shall begin aone-
yearprobationary period as of the first day after the periods} set forth in parts 1, 2, and 3.
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS
Article 40. Appeals Procedure
A. Pre-Disciplinary Meeting and Disciplinary Appeals
1. Pre-Disciplinary Meeting
An employee who has attained a regular appointment shall have the right to apre-disciplinary
meeting before his/her department head or designee whenever the employee may be subject
to a demotion, non-emergency suspension, or non-emergency dismissal. In the event of an
emergency suspension or dismissal a meeting will be conducted by the department head or
designee as soon as practicable after the action has been taken.
2. Procedure for Pre-Disciplinary Meetings
Notice of a proposed disciplinary action shall be provided to the employee including a statement
of the proposed action, the reasons therefore, and a copy of the charges and materials upon
which the action is based. The employee shall have ten (10) days to respond orally, in writing, or
both to the charges. Within ten (10) days of the employee's response, he/she will be advised in
writing of the City's decision. If the disciplinary action is upheld, the employee will receive a
Notice of Disciplinary Action stating the action taken, the reasons therefore, and the employee's
right to appeal.
3. Post-Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal
the action in writing to the Director of Human Resources.
4. Effective Date of Disciplinary Action
The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the
effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a
termination, the employee shall cease to be an employee of the City on the effective date of the
termination.
5. Calendar Days
Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s).
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TMEA MOU 2011-12
B. Appeals Procedure
1. If a timely appeal is filed as provided in the Grievance Procedure (Article 41) or the Pre-
Disciplinary Hearings and Disciplinary Appeals section (Article 40, Section A) the City Manager
may hear the appeal or appoint any City management/supervisory employee or arbiter who has
not been personally involved in the actions giving rise to the discipline to hear the appeal.
2. An "arbiter" is a person with experience acting as a hearing officer on public employment issues.
Any hearing conducted by an arbiter shall not be considered an "arbitration" as defined in Civil
Code Section 1281.6.
3. In the event that the employee requests that an arbiter hear the appeal, such a request will be
honored provided the request is made within twenty (20) days of the receipt of the department
head's decision. The arbiter shall be chosen from a panel of seven (7) arbiters from a list
provided either by the American Arbitration Association or the State Mediation and Conciliation
Service. The parties shall alternately strike names until one arbiter remains.
4. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a
written report outlining his/her findings, conclusions, and recommendations to the City
Manager.
5. Within twenty (20) days of the receipt of the hearing officer`s report, or the conclusion of the
hearing if it was conducted by the City Manager or his/her City appointee, the City Manager
shall provide his/her written decision to the employee.
C. Hearings
1. Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more
than sixty (60) days, from the date of the filing of the appeal with the City Manager provided
that the parties may agree to a longer or shorter period of time.
2. All hearings involving disciplinary action against an employee shall be closed to the public unless
the affected employee requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating to evidence and
witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule, which might make improper admission of such
evidence over objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil actions. The rules of privilege shall
be effective to the same extent that they are now or hereafter may be recognized in civil and
criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the
admission and exclusion of evidence.
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TMEA MOU 2011-12
4. Each party shall have these rights: to be represented by legal counsel or other person of his/her
choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing
witnesses; to impeach any witness regardless of which party first called him/her to testify; and
to rebut the evidence against him/her. If the respondent does not testify on her/his own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence shall be taken
only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of
the reporter will be split between the City and TMEA.
5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons,
otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in the hearing. If witnesses are called, the opposing party
shall have the right to cross-examine the witnesses on any matter relevant to the issues,
even though that matter was not covered on direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only, unless the
hearing officer for good reason permits them to offer evidence upon their original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of testimony
and evidence. He/she shall base his/her findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing unless the hearing officer, for good cause, otherwise directs.
No still photographs, moving pictures, or television pictures shall be taken in the hearing
chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a
continuance for any reason he/she believes to be important to reaching a fair and
proper decision.
f. The hearing officer shall have no authority to amend, alter, or modify a Memorandum of
Understanding or any sections of the City's Personnel Rules and shall limit his/her
recommendations to the interpretation and application of the Memorandum of
Understanding(s), agreement at issue and/or the City's Personnel Rules.
g. The hearing officer may recommend sustaining or rejecting or modifying the disciplinary
action.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director
of Human Resources, who will forward them to the City Manager. The City Manager, in his/her
sole discretion, may hear limited oral arguments and/or request written statements from either
party on the hearing officer's findings, conclusions, and recommendations. The City Manager
shall inform the appellant of his/her decision regarding the appeal within ten (10) days of the
conclusion of the hearing or if the appeal is heard by a hearing officer other than the City
Manager, within ten (10) days of the receipt of the hearing officer's report. However, the City
Manager may extend the time to issue his/her decision beyond the ten day period if he/she
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TMEA MOU 2011-12
believes it is necessary. The decision of the City Manager regarding the appeal shall be the final
step in the administrative appeal process. However, any disciplinary action is deemed final as of
the effective date. Copies of the City Manager's decision, including the hearing officer's report
shall be filed where appropriate, including the employee's personnel file. The City Manager's
decision is subject to review by a superior court pursuant to Code of Civil Procedure Section
1094.6.
7. If the City Manager chooses to have the appeal heard by an arbiter, the City shall bear the cost
of the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and
TMEA. If the employee organization requested that an arbiter be appointed to hear the appeal
the organization shall pay the cost of the hearing up to a maximum of $1,000; any excess cost
will be shared equally by the City and TMEA. If either party orders a transcript for their review,
the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or
postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court
reporter, the party responsible for the cancellation or postponement shall be solely responsible
for payment of the fee. The arbiter shall submit his/her bills for services to the party which is
obligated to pay them pursuant to this section.
8. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request
of either party, not less than ten (10) days prior to the commencement of the hearing; after
commencement, subpoenas shall be issued only at the discretion of the hearing officer.
9. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
Article 41. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit employees.
A. Limitations
The procedures set forth in this section shall apply to all grievances involving unit employees.
Excluded from this procedure are grievances related to:
1. The amendment or change of City Council resolutions, ordinances or minute orders, which
do not involve provisions of a Memorandum of Understanding (MOU), the Personnel Rules,
or other agreements between the City and the employee organization.
2. Position classification.
B. Definitions
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules or Memorandum of Understanding, or a
violation or potential violation of state or federal law.
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TMEA MOU 2011-12
2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules, an agreement between the City and the employee
organization, the Memorandum of Understanding or violation or potential violation of state or
federal law.
3. Grievance Procedure: The process by which the validity of a grievance is determined and
resolution effected.
4. Day: Unless otherwise indicated, "day' or "days" when used in this section shall be calendar
day(s).
C. Procedure
1. Step 1
The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the
exercise of reasonable diligence should have known, of the events giving rise to the grievance.
The grievant shall state the facts necessary to an understanding of the issues involved; refrain
from including any unrelated charges; cite the sections of the City resolutions, agreement,
memorandum of understanding or rules alleged to have been violated and the remedy sought.
The grievant shall submit the grievance form to his/her immediate supervisor, provided that if
the employee suspects or has proof that a federal or state law is being violated or is about to be
violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of
the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by
employee organization representatives that involve issues potentially impacting the
organization's rights or membership as a whole shall be filed at Step 3.
2. Step 2
If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar
days after receipt of the supervisor's response, submit the grievance to his/her department
head. After receipt of the grievance, the department head will meet with the grievant and make
such investigation as is required. Within ten (10) days of hisjher meeting with the grievant, the
department head shall inform the grievant of his/her decision.
3. Step 3
If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization
grievances, the grievant may submit the grievance to the City Manager. Employee grievances
are to be submitted within ten (10) days of receipt of the department head's decision. Such
submittal shall include the original of the grievance form and a written statement of any issues
that are in dispute. The City Manager has the sole discretion to hear the grievance him/herself
or appoint any City management/supervisory employee (except the employee's department
head), or an arbiter, to hear the grievance and submit a recommendation as to resolution of the
grievance. At the hearing, the grievant has the burden of proof and will present his/her case
first.
[23]
TMEA MOU 2011-12
D. General Provisions
1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the
person or organization representative suspected as having violated provisions of the Personnel
Rules or Memorandum of Understanding. Upon a showing of good cause to the Director of
Human Resources, such discussion may be waived between an employee and his/her immediate
supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate
actions of the supervisor form the basis for the grievance and the employee has reasonable
cause to believe that the supervisor would not be objective.
2. An employee may obtain a grievance form from his/her supervisor or the Human Resources
department. All documents, communications, and records dealing with the processing of
grievances shall be filed separately from personnel files.
3. No retribution or prejudice shall be suffered by employees making use of the grievance
procedure by reason of such use.
4. Failure by management at any step of this procedure to communicate their decision on the
grievance within the specified time limits shall. permit the grievant to proceed to the next step.
5. A grievant shall be entitled to be present at all steps of the procedure.
6. Failure by the grievant to appeal a decision on a grievance within the specified time limits shall
be deemed acceptance of the decision rendered.
7. The time limits specified at any step in this procedure may be extended or reduced by written
agreement ofthe grievant and an authorized management representative.
E. Employee Representation
1. An employee may represent him/herself or be represented by a representative of the employee
organization.
2. If an employee chooses not to be represented by the employee organization and the subject of
the grievance involves MOU or other provisions which have been negotiated between the City
and the employee organization, the organization may have staff representatives present
beginning with Step 3, and shall have the right to present the organization's interpretation of
the provisions at issue. Such presentation shall not include comments regarding the merits of
the grievance.
Article 42. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal
attached to a performance evaluation with which the employee disagrees.
[24]
TMEA MOU 2011-12
An employee may appeal his/her performance evaluation to his/her department head (or another
department head if the employee's department head prepared the evaluation).
Article 43. Meetings
A. TMEA shall be entitled to two (2) City-wide membership meetings each calendar year. These
meetings are in addition to the Memorandum of Understanding ratification meeting allowed TMEA.
TMEA shall provide a minimum of two (2) weeks` advance notice to the City of such meetings.
Employees will be allowed up to one (1) hour of release time to attend each such meeting.
B. Employees who are invited by the City to attend meetings during working hours that are designed to
promote effective communication and cooperation between the City and TMEA shall receive paid
release time for their attendance.
C. In addition to release time for negotiations, team members shall be permitted thirty (30) minutes
before and thirty (30) minutes after negotiations for preparation and consultation.
Article 44. No 5trikeJlob 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 (including sympathy slowdowns and/or sympathy strikes).
B. Any employee who participates in any of the conduct prohibited above shall be subject to discipline
up to and including termination.
C. In the event of such activities, the Association shall immediately instruct any person engaging in
such conduct that they are violating the Agreement and that they are engaging in unauthorized
conduct and should resume full and faithful performance of theirjobduties.
Article 45. Agency Shop
A. Legislative Authority
The parties mutually understand and agree that as a result of State of California adoption of SB 739,
all full-time and part-time regular employees represented by the Tustin Municipal Employees
Association have the right to join or not join the Association. However, the enactment of a local
"agency shop" requires that as a condition of continuing employment, employees in the respective
bargaining unit must either join the Association or pay to the Association a service fee in lieu
thereof. Such service fee shall be established by the Association, and shall not exceed the standard
initiation fee, periodic dues and general assessments of the Association.
[25]
TMEA MOU 2011-12
B. Association Dues/Service Fees
1. The Human Resources Department shall provide current full-time and part-time regular
employees, and any full-time and part-time regular employees hired thereafter, in the General
Employees Representation Unit with an authorization notice advising them that Agency Shop for
the Association has been enacted pursuant to state law and an agreement exists with the
Association, and that all employees subject to the Agreement must either join the Association,
pay a service fee to the Association, or execute a written declaration claiming a religious
exemption from this requirement. Such notice shall include a form for the employee's signature
authorizing a payroll deduction of Association dues, a service fee or a charitable contribution
equal to the service fee if they qualify as defined below. Said employees shall have 14 calendar
days from the date they receive the form to fully execute it and return it to the Human
Resources Department.
2. If the form is not completed properly or returned within 14 calendar days, the City shall
commence and continue a payroll deduction of service fees from the regular biweekly
paychecks of such employee. The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first pay period commencing 14
calendar days after receipt of the authorization form by the employee.
3. The employee's earnings must be sufficient after the other legal and required deductions are
made to cover the amount of the dues or fees authorized. When an employee is in a non-pay
status for an entire pay period, no withholding will be made. In the case of an employee in a
non-pay status during part of the pay period, whose salary is not sufficient to cover the full
withholding, no deduction shall be made. In the case of an employee who is receiving
catastrophic leave benefits during a pay period, no deduction shall be made. In this connection,
all other legal and required deductions (including health care and insurance deductions) have
priority over Association dues and service fees.
C. Religious Exemption
1. Any employee who is a member of a bona fide religion, body or sect that has historically held
conscientious objections to joining or financially supporting public employee organizations shall
upon presentation of active membership in such religion, body, or sect, not be required to join
or financially support any public employee organization as a condition of employment. The
employee shall be required, in lieu of periodic dues, initiation fees or Agency Shop fees, to pay
sums equal to the dues, initiation fees or Agency Shop fees to a nonreligious, non-labor
charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code,
chosen by the employee from the following charities: United Way, Tustin Community
Foundation, or Community Health Charities. Proof of the payments shall be made on an annual
basis to the City as a condition of continued exemption from the requirement of financial
support to the Association.
2. Declarations of or applications for religious exemption and any other supporting documentation
shall be forwarded to the Association within 14 calendar days of receipt by the City. The
Association shall have 14 calendar days after receipt of a request for religious exemption to
challenge any exemption granted by the City. If challenged, the deduction to the charity of the
[26]
TMEA MOU 2011-12
employee's choice shall commence but shall be held in escrow pending resolution of the
challenge. Charitable contributions shall be made by regular payroll deductions only.
D. Rescission
The Agency Shop provision in this Memorandum of Understanding may be rescinded by a majority
vote of all the employees in the unit covered by the Agreement, provided that:
1. A request for such a vote is supported by a petition containing the signatures at least 30
percent of the employees in the unit.
2. The vote is by secret ballot.
3. The vote may be taken at any time during the term of the represented unit's memorandum
of understanding, but in no event shall there be more than one rescission vote taken during
that term. Notwithstanding the above, the City and the Association may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures regarding a vote on
an agency shop agreement.
4. If a "rescission vote" is approved by unit members during the term of a current
memorandum of understanding, the Association agrees not to petition for or seek agency
shop status for the duration of the current of the memorandum of understanding.
E. Records
The Association shall keep an adequate itemized record of its financial transactions and shall make
available annually, to the City, and to the employees who are members of the organization, within
60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a
balance sheet and an operating statement, certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a Certified Public Accountant.
F. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any liability arising from
any claims, demands, or other action relating to the City's compliance with the agency fee obligation
including claims relating to the Association's use of monies collected under these provisions. The
City reserves the right to select and direct legal counsel in the case of any challenge to the City's
compliance with the agency fee obligation, and the Association agrees to pay any attorney,
arbitrator or court fees related thereto.
Article 46. Management Rights
The City has the exclusive right to establish Personnel Rules and department regulations, including
subsequent amendments and revisions. In addition, except as otherwise specified in this MOU, the City
has the exclusive right to:
[27]
TMEA MOU 2011-12
1. Contract or subcontract construction, services, maintenance, distribution or any other work with
outside public or private entities;
2. Suspend provisions of this Agreement in the event of, and for the duration of, an emergency as
determined by the City Council, and/or by County, State or Federal action upon notification to
the Association regarding the nature and expected duration of the emergency;
3. Determine staffing and direct the work force, including the right to hire, promote, demote,
evaluate, transfer, lay off or discharge any employee;
4. Take such further action as may be necessary to organize and operate the City in the most
efficient and economical manner to serve the public interest;
5. Modify the performance evaluation form; and
6. Modify and update class specifications.
Article 47. Layoffs
A. Authority to Lay Off
The City Manager may lay off employees at any time for lack of work, budgetary reasons,
technological changes or other City actions that necessitate a reduction in the work force.
B. Definitions
1. Original probationary period - an employee's first probation period during continuous City
employment.
2. Promotional probationary period -the probationary period served upon promotion from one
City position to another.
3. Seniority -length of continuous paid service with the City from date of hire into any bargaining
unit position. For purposes of this section, time served on a military leave of absence and a leave
of absence due to a workers' compensation injury shall be considered City service. An employee
shall continue to accrue seniority during any unpaid leave of absence of 30 days or less taken for
any purpose; however, seniority will cease to accrue after 30 days of unpaid leave.
C. Designation of Positions for Layoff
When it becomes necessary to reduce the work force, the City Manager shall designate the
position(s) or classification(s), and division(s), departments}, or other organizational unit(s) in which
positions are to be eliminated. Contract, provisional, and temporary employees in the same
classification as the positions proposed for elimination within the affected organizational unit shall
be laid off first. Probationary promotional employees who are laid off shall be returned to the
position held prior to their promotion.
[28]
TMEA MOU 2011-12
D. Order of Layoff
1. The names of all original probationary employees occupying positions in the affected class shall
be listed in alphabetical order. The City Manager or his/her designee shall select from this list
one employee, regardless of his/her place on the list, to be laid off for each position to be
abolished.
2. If the positions to be abolished exceed the number of employees available for layoff after layoff
of original probationary employees as described above, a "Subject to Layoff List" shall be
prepared. The list shall be composed of all regular and promotional probationary employees in
the class from which a position is to be abolished. Names of the employees shall be listed in
reverse order of their lengths of City service; i.e., those having the least seniority will be listed
first.
3. In selecting employees to be laid off, those employees at the top of the list shall be laid off first.
When employees have equal seniority, the City Manager will select the employee to be laid off
with consideration given to the employee's past performance and in consultation with the
concerned department head.
4. The names of laid off employees shall be listed on a re-employment list in the reverse order of
their dates of layoff.
E. Bumping Rights
Any employee subject to layoff who has held regular status in a position in a lower classification in
the class series from which he/she is to be laid off may request placement in the lower classification.
The City has identified the following class series for unit classifications (listed from lower level to
higher level):
1. Accounting Specialist, Senior Accounting Specialist
2. Assistant Engineer, Associate Engineer
3. Assistant Planner, Associate Planner
4. Building Inspector, Senior Building Inspector
5. Maintenance Worker, Senior Maintenance Worker, Equipment Operator, Maintenance
Leadworker
6. Office Support Specialist, Administrative Secretary
7. Recreation Facilities Assistant, Recreation Facilities Leadworker
8. Water Distribution Operator I, Water Distribution Operator II, Water Equipment Operator,
Water Distribution Leadworker
9. Water Treatment Operator 1, Water Treatment Operator II
An employee who has been involuntarily transferred to a class from which a layoff is to be made
shall have automatic bumping rights to his/her previous classification for up to one (1) year from the
effective date of the transfer.
[29]
TMEA MOU 2011-12
F. Severance Assistance
1. Severance Pay
Severance pay of one (1) week per year of service, up to a maximum of four (4) weeks of pay,
will be provided to an employee who is laid off and not offered employment through an
agreement between a contractor and the City. This provision only applies to employees who
actually lose employment with the City, not employees who are placed in another position as a
result of bumping rights.
2. Flexible Benefits Contributions
An employee who is laid off shall have his/her Flexible Benefits contribution continued for an
additional two (2) months following the month in which the employee was laid off if he/she is
not covered by another medical plan at the time.
3. Letters of Recommendation
Letters of recommendation will be provided for an employee whose performance was
satisfactory as of the date of his/her layoff.
4. Employment Assistance
Reasonable assistance in locating alternative employment will be provided for an employee who
is laid off.
G. Re-Employment List
The name of every regular employee who is laid off or demoted in lieu of layoff shall be placed on a
re-employment list in reverse order of their dates of layoff.
Names may be removed from a re-employment list for any of the following reasons:
1. The expiration of eighteen (18) months from the date of placement on the list.
2. Re-employment in any permanent full-time position, regardless of department or
classification level.
3. Failure to respond within twenty-one (21) calendar days of mailing of a letter sent via
Certified Mail regarding availability of employment.
4. Failure to report to work within fourteen (14) calendar days of mailing of a registered letter
containing a notice of re-employment, absent mitigating circumstances.
S. An individual requests in writing that his/her name be removed from the list.
[30]
TMEA MOU 2011-12
H. Re-Employment
Vacancies to be filled within a department shall be offered first to individuals on the re-employment
list who held a position in the same classification as the vacancy to be filled.
A regular employee who has been laid off and is re-employed in a permanent position within
eighteen (18) months from the effective date of his/her layoff shall be entitled to:
1. Buy back and restoration of all General Leave credited to the employee's account on the
effective date of layoff at the same rate as it was paid off. This restoration must be
requested in writing within 30 days of returning to work and must be fully paid back within
six (6) months of the return to work.
2. Restoration of seniority accrued prior to layoff and during layoff.
3. The same General Leave accrual rate that was in effect prior to layoff.
4. Placement in the salary range at the same step held prior to layoff if the employee is
reinstated to the same job classification from which he/she was laid off.
If the person who is re-employed had not satisfactorily completed the required probationary period
in the department of appointment prior to layoff, he/she shall serve a probationary period upon re-
employment.
I. Notices
At least two (2) weeks' notice (14 calendar days) shall be given to any employee who is to be laid off.
All notices and requested actions referenced in this section shall be in writing and sent by Certified
Mail or delivered personally to the addressee. All notices to the City shall be addressed to the City
Manager. The employee shall be responsible for notifying the City of any address change and any
such notice shall be served in accordance with this paragraph.
J. Displacement of Part-Time Employee
In the event a reduction in force is necessary, apart-time employee may not displace afull-time
employee. However, afull-time employee may displace a less senior part-time employee provided
he/she is otherwise eligible to displace the less senior employee.
K. No Appeal
Employees do not have any right to appeal their layoff from employment.
IN WITNESS WHEREOF, the parties hereto have executed this document this 6`h day of September 2011.
[31]
TMEA MOU 2011-12
FOR THE CITY OF TUSTIN
William A. Huston, Interim City Manager
FOR THE TUSTIN MUNICIPAL EMPLOYEES
ASSOCIATION
Frank Apuron, President
Kristi Recchia, Director of Human Resources Robin Vaughn, Vice President
Peter Brown, Liebert Cassidy Whitmore
Eric Loke, Secretary
Tami Berardi, Treasurer
Mario Medina, Board Member
[321
TMEA MOU 2011-12
APPENQIX A -MONTHLY 5ALARY RANGE5
Effective July 1, 2011
Classification A ~~ B
+- C D E
- -
Accounting Specialist 3304.93 3474.16 3652.05 3839.06 4035.65
Accountant 4676.19 4915.63 5167.34 5431.39 5710.08
Administrative Secretary 3858.28 4055.85 4263.53 4481.85 4711.35
Assistant Engineer 5625.17 5913.21 6216.00 6534.29 6868.89
Assistant Planner 4676.19 4915.63 5167.34 5431.93 5710.08
Associate Engineer 6389.09 6716.25 7060.16 7421.68 7801.71
Associate Planner 5180.26 5445.51 5724.36 6017.47 6325.60
Building Inspector 4782.46 5027.35 5284.77 5555.38 5839.85
Building Permit Technician 3562.00 3744.39 3936.13 4137.68 4349.56
Business License Technician 3735.05 3926.31 4127.36 4338.71 4560.87
City Clerk Services Specialist 4179.21 4393.21 4618.17 4854.64 5103.23
Code Enforcement Officer 4595.17 4830.46 5077.81 5337.82 5611.15
Custodian 3313.19 3482.85 3661.18 3848.66 4045.74
Engineering Aide 4382.26 4606.65 4842.54 5090.50 5351.16
Environmental Compliance Specialist 5625.17 5913.21 6216.00 6534.29 6868.89
Equipment Mechanic 4106.80 4317.10 4538.15 4770.53 5014.81
Equipment Operator 3936.13 4137.68 4349.56 4572.28 4806.40
Information Technology Specialist 4903.37 5154.45 5418.39 5695.84 5987.50
Mail and Duplication Specialist 3439.64 3615.76 3800.91 3995.54 4200.14
Maintenance Leadworker 4295.59 4515.55 4746.77 4989.83 5245.34
Maintenance Worker 3371.61 3544.25 3725.74 3916.52 4117.07
Management Analyst 4676.19 4915.63 5167.34 5431.93 5710.08
Office Support Specialist 3661.18 3848.66 4045.74 4252.90 4470.67
Parking Control Specialist 2809.81 2953.69 3104.94 3263.92 3431.06
Plan Checker 5625.17 5913.21 6216.00 6534.29 6868.89
Public Works Inspector 4806.40 5052.51 5311.23 5583.19 5869.09
Recreation Facilities Assistant 2607.03 2740.52 2880.85 3028.37 3183.44
Recreation Facilities Leadworker 3482.85 3661.18 3848.66 4045.74 4252.90
Recreation Program Specialist 3296.69 3465.50 3642.95 3829.49 4025.58
Redevelopment Project Manager 6666.13 7007.48 7366.30 7743.49 8140.00
Senior Accounting Specialist 4025.58 4231.72 4448.40 4676.19 4915.63
Senior Building Inspector 5625.17 5913.21 6216.00 6534.29 6868.89
Senior Maintenance Worker 3707.18 3897.01 4096.56 4306.33 4526.84
Transportation Coordinator 2809.81 2953.69 3104.94 3263.92 3431.06
Water Distribution Leadworker 4676.19 4915.63 5167.34 5431.93 5710.08
Water Distribution Operator I 3491.55 3670.34 3858.28 4055.85 4263.53
Water Distribution Operator II 3897.01 4096.56 4306.33 4526.84 4758.63
Water Equipment Operator 4221.16 4437.31 4664.52 4903.37 5154.45
Water Meter Reader 3897.01 4096.56 4306.33 4526.84 4758.63
Water Treatment Operator I 4426.25 4652.89 4891.14 5141.60 5404.87
Water Treatment Operator II 4758.63 5002.30 5258.45 5527.71 5810.76
[33]
RESOLUTION NO. 11-62
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 SUPPORT SERVICES
ASSOCIATION, CONCERNING WAGES, HOURS, AND
TERMS AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 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 Support Services Association
(TPSSA) have met and conferred in good faith in accordance with the requirements of
the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPSSA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2011 through June 30, 2012, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TPSSA, effective July
1, 2011, 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 July 1, 2011, 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 6t" day of September 2011.
Resolution 11-62
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. 11-62 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day of
September 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 11-62
Page 2 of 2
MEMORANDUM 4F UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
TERM:
July 1, 2011-June 30, 2012
~„~~ ,~~
_~ ~ a _„ :.
'~,~
s~ .~
-- ~ _ ,.~.
lw i k'_ Y, ',y~
~ ~ g~~~
°r C/
f ~._;F~E`+^F'Yf' n" {fed '~C.:
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TPSSA MOU 2011-12
TABLE OF CONTENTS
CHAPTER 1 -GENERAL PROVISIONS .............................................................................................................3
Article 1. Recognition .............................................................................................................................. ..3
Article 2. Represented Classes ................................................................................................................ ..3
Article 3. Entire Agreement ..................................................................................................................... ..4
Article 4. Reopener .................................................................................................................................. ..4
Article 5. Severability ............................................................................................................................... ..4
Article 6. Binding on Successors .............................................................................................................. ..4
Article 7. Notices ..................................................................................................................................... ..4
Article 8. Payroll Deductions ................................................................................................................... ..4
CHAPTER 2 -COMPENSATION .................................................................................................................... ..5
Article 9. Salary ........................................................................................................................................ ..5
Article 10. Overtime Compensation ........................................................................................................ ..5
Article 11. Uniforms ................................................................................................................................ ..6
Article 12. Bilingual Compensation ......................................................................................................... ..6
Article 13. Standby Duty .......................................................................................................................... ..6
Article 14. Call Back Duty ........................................................................................................................ ..6
Article 15. Shift Differential Pay .............................................................................................................. ..7
Article 16. Acting Pay ............................................................................................................................... ..7
Article 17. Training Pay ............................................................................................................................ ..7
CHAPTER 3 -BENEFITS ................................................................................................................................ ..7
Article 18. Flexible Benefits Plan ............................................................................................................. ..7
Article 19. Retirement ............................................................................................................................. ..9
Article 20. Employee Life Insurance ........................................................................................................ ..9
Article 21. Short-Term /Long-Term Disability Insurance ........................................................................ ..9
Article 22. Tuition Reimbursement ......................................................................................................... 11
Article 23. Retiree Medical Insurance ..................................................................................................... 11
CHAPTER 4 -LEAVES OF ABSENCE .............................................................................................................. 12
Article 24. General Leave ........................................................................................................................ 12
Article 25. Compensatory Time Off .......................................................:................................................. 12
Article 26. Holidays .................................................................................................................................. 13
TPSSA MOU 2011-12
Article 27. Bereavement Leave ...............................................................................................................14
CHAPTER 5 -WORKING CONDITIONS ....................................................................................................... ..14
Article 28. Work Schedules ................................................................................................................... ..14
Article 29. Shift Trading ......................................................................................................................... ..15
Article 30. Attendance ........................................................................................................................... ..15
Article 31. Rest Periods ......................................................................................................................... ..16
Article 32. Lunch Break .......................................................................................................................... ..16
Article 33. Paid Lunch ............................................................................................................................ ..16
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS ................................................................................... ..17
Article 34. Employee Rights ................................................................................................................... ..17
Article 35. Appeals and Hearings .......................................................................................................... ..18
Article 36. Grievance Procedure ........................................................................................................... ..21
Article 37. Performance Evaluations ..................................................................................................... ..23
Article 38. Membership Meetings ......................................................................................................... ..23
Article 39. No Strike /lob Action .......................................................................................................... ..24
Article 40. Agency Shop ......................................................................................................................... ..24
Article 41. Management Rights ............................................................................................................. ..26
Article 42. Layoffs .................................................................................................................................. ..26
CHAPTER 7 -PART-TIME EMPLOYEES ....................................................................................................... ..27
Article 43. Part-Time Benefitted Employees ......................................................................................... ..27
APPENDIX A -MONTHLY SALARY RANGES ............................................................................................... ..31
APPENDIX B -POLICE SERVICES OFFICER CAREER OFFICER PROGRAM ................................................... ..32
TPSSA MOU 2010-11
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
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,
hereinafter "City," the City's representatives have met and conferred in good faith with representatives
of the Tustin Police Support Services Association (TPSSA), hereinafter "Association," pertaining to the
subject of employee wages, benefits and conditions of employment; and
WHEREAS, the meetings between the Association and City representatives have 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 said changes to the wages, hours, and conditions
of employment.
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
TPSSA is the exclusive representative of City employees in the representation unit, titled Police Civilian,
comprised of all full-time civilian, non-administrative, and non-management employees of the Police
Department of the City of Tustin for the purpose of representation on issues of wages, hours, and other
terms and conditions of employment and as such exclusive representative, the Association is
empowered to act on behalf of all employees in the unit, whether or not they are individually members
of the Association.
Article 2. Represented Classes
A. The classifications that comprise the Police Civilian Representation Unit are as follows:
Crime Analyst
Police Communications Lead
Police Communications Officer I/II
Police Fleet Coordinator
Police Records Lead
Police Records Specialist
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Police Services Officer I/II/III
Property and Evidence Technician
Article 3. Entire Agreement
This agreement, upon ratification and adoption, supersedes all prior agreements 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.
The City and TPSSA 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 exist, this
memorandum of understanding shall prevail.
Article 4. Reopener
Either side may request to meet and confer over changes to this MOU which may occur prior to January
1, 2012 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2012 or
later.
Article 5. 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 parts hereof. In addition, if legislation is passed
which requires employees to pay more money out of pocket for their retirement benefit, the City will
agree to reopen negotiations to discuss the impact of such legislation on employees.
Article 6. 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, transfer or assignment of either party hereto.
Article 7. Notices
Notices hereunder shall be in writing, and if to the Association, shall be mailed to the Tustin Police
Support Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780; and, if the City, shall be
mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92780.
Article 8. Payroll Deductions
Deductions of authorized amounts may be made from employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
3. Contribution to survivors' benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
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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.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. All authorized deductions to TPSSA.
12: Payment for non-return of uniforms and/or equipment issued.
13. Other purposes as may be authorized by the City.
14. Deferred compensation.
CHAPTER 2 -COMPENSATION
Article 9. Salary
A. Unit employees are placed on a salary schedule consisting of five steps in each range with an
approximate increment of 5% between steps.
B. Salary ranges for represented classifications are listed in Appendix A.
C. Upon promotion the employee shall receive a salary adjustment of at least 4.5%, provided that in no
event shall the promoted employee's salary exceed the maximum of the range.
D. The Police Services Officer Career ladder Program is discussed in Appendix B.
Article 10. Overtime Compensation
A. Overtime is subject to pre-approval by the employee's supervisor. All full-time represented
employees shall receive overtime compensation of time and one-half (1 %) for all overtime hours
worked in excess of:
1. Regularly scheduled hours per shift; or
2. Forty (40) hours worked in the designated seven (7) day Fair Labor Standards Act (ELBA)
work week for each employee.
B. General Leave, Compensatory Time Off and Holiday hours shall be included within the above hours
for eligibility, provided however, that Standby time shall not be considered in determining
entitlement to overtime compensation.
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Article 11. Uniforms
The City will provide a uniform maintenance allowance of two-hundred and fifty dollars ($250) annually
($9.61 paid biweekly) for those full-time employees required by the City to wear uniforms.
Article 12. Bilingual Compensation
The City shall pay one hundred dollars ($100) per pay period to full-time employees in City-designated
positions who demonstrate skill in Spanish at the conversational level, or in another language which the
City Manager has approved as being needed for City business. Should a conflict arise regarding
designation of an employee for compensation, proficiency and need shall determine who is eligible.
Management will determine where and when the need is greatest, and management will devise and
administer a testing vehicle to determine degrees of proficiency.
Article 13. Standby Duty
A. Employees may be required to be on standby to respond to emergencies. The department will
determine standby assignments. If on standby, employees must provide contact information where
they can be reached, either a home phone, cell phone or pager. If called, the employee must
respond within twenty (20) minutes and then must be able to return to the City (if necessary) to
address the issue within forty-five (45) minutes, unless commuting time prohibits returning within
forty-five (45) minutes. In the case where commuting time is an issue, the department will work
with the employee for a reasonable response. Employees must be able to return to work while on
standby. This means that they may not consume alcoholic beverages and must have the ability to
travel back to the City.
B. Employees assigned to Standby Duty shall be compensated at the rate of one (1) hour of straight-
time compensation for each twelve (12) hours of such duty.
C. 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.
D. If a scheduled Standby 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 14. Call Back Duty
Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for
any call (fifteen (15) or more minutes beyond the end of their shift) which requires them to return to
duty.
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TPSSA MOU 2011-12
An employee called back to work prior to his/her shift, shall receive overtime for the additional time
worked by being called in. At the start time of his/her regular shift, and while working his/her regular
hours, the employee shall only receive regular pay. If the employee receives approval from his/her
supervisor to substitute regular pay and be absent from his/her regular shift with accrued leave, that is
acceptable.
Article 15. Shift Differential Pay
Any full-time unit employee assigned on a regular basis (ten (10) or more continuous working days) to a
shift that requires the employee to work hours after 8:00 p.m. shall receive a shift differential of
seventy-five dollars ($75) per pay period. The right to assign and/or reassign an individual to a particular
shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject
to the grievance and/or discipline appeals process.
Article 16. Acting Pay
A full-time employee assigned to temporarily work in a higher classification will receive Acting Pay of 5%
of base pay. This rate will be paid after the employee has been in the assignment for thirty (30)
consecutive calendar days. An employee's base salary combined with Acting Pay can never exceed the
salary range of the acting classification.
Article 17. Training Pay
A. A full-time Communications Officer I, Police Services Officer 1/II/II1, Police Records Specialist or
Property and Evidence Technician assigned to train an employee in their respective Units, shall
receive, in addition to his/her regular compensation, Training Pay at the rate of $50 per pay period
during a pay period in which the employee is assigned training duties. This pay will be designated on
the employee's timecard on the pay period when the training occurs.
B. A full-time Communications Officer 11 assigned to train shall be paid a 5% premium while training.
The beginning and ending dates for this pay will be designated by the completion of a Personnel
Action form (PAF).
C. The City has the absolute discretion regarding the assignment and reassignment of employees as a
trainer. Any such assignment is not vested and may be revoked at any time without cause and
without any right to challenge such action pursuant to the City's grievance appeal procedure.
D. It is the responsibility of an employee in a lead classification to provide leadership and training
without additional compensation.
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) ($108 per
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TPSSA MOU 2011-12
month for calendar year 2011 and $112 per month for calendar year 2012) 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 monthly Flexible Benefits contribution per eligible employee is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$550 $800 $1,000
C. Full-time 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.
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Article 19. Retirement
A. 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.
B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the
CaIPERS 2% ~ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous
members. The plan includes both an employer and employee contribution. The employee is
responsible for paying the employee contribution of the employee's wages through a payroll
deduction as follows:
July 1, 2011 3.5%
July 1, 2012 3.5%
July 1, 2013 4.5%
July 1, 2014 5.75%
July 1, 2015 7%
The City will contribute the remainder of the employee contribution as Employer Paid Member
Contributions. 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). The employee is responsible for paying the employee portion of the 1959 Survivor
benefit premium.
C. Miscellaneous members employed by the City on or after January 1, 2012 shall be enrolled in the
CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and
employee contribution. The employee is responsible for paying the employee contribution of 7% of
the employee's wages through a payroll deduction. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated by
the employee in accordance with Government Code Section 20037. The plan provides for 3'd level of
1959 Survivor benefits with the employee paying the employee portion of the premium.
Article 20. Employee Life Insurance
The City will provide a life insurance policy for each full-time unit member. The City will pay required
premiums for the policy with a death benefit that shall be the greater of $50,000 or one hundred
percent (100%) of the employee's base annual salary rounded 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.
Article 21. Short-Term Jlong-Term Disability Insurance
A. The City shall maintain ashort-term /long-term disability (STD/LTD) insurance program for non-
industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of
the STD/LTD insurance carrier.
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TPSSA MOU 2011-12
B. An employee who is receiving STD benefits under the City's program will be granted a leave of
absence for the duration of his/her non-industrial disability subject to a maximum period of six (6)
months. Such leave of absence may be extended for an additional six (6) months under LTD, upon
approval ofthe City Manager.
C. All unit employees are required to participate in the program. Premiums are deducted from the
employee's pay on an after-tax basis.
D. In the event anon-industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave during the 30 day period beginning
with the first day of the leave. In the event no leave time is available, the employee shall be on
leave without pay for 80 consecutive hours.
E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre-disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her
pre-disability earnings.
F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently
with FMLA/CFRA leave.
G. For a new employee who has worked for the City for less than 12 consecutive months, and is
therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the
same Flexible Benefits contribution as was provided at the time of the non-industrial injury, for a
period not to exceed 90 days. Should an employee receive 90 days of City-paid Flexible Benefits
within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is
subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall
reimburse the City for its' previous contribution.
H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever
occurs first), no paid leave shall accrue to the employee.
I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of
60% of pre-disability base salary. The employee may supplement the STD/LTD carrier's payment
with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100%
of his/her pre-disability earnings.
The employee is responsible for all benefit elections and payments during his/her leave unless
he/she is eligible to opt out of such elections and chooses to do so. In the event the employee
chooses to continue his/her benefit elections, the employee is required to make timely payment to
the City for such elections (including the cost of the STD/LTD program). In the event timely payment
is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an
amount equivalent to the premiums owed by the employee. In the event no paid leave is available,
the City is authorized to cancel the employee's coverage.
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TPSSA MOU 2011-12
K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any
rolling 12-month period.
Article 22. 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 for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade (a "C" or above" or "Pass") 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 courses.
4. Reimbursement for up to seven hundred and fifty dollars ($750) each calendar year if the
employee is attending a community college, one thousand five hundred dollars ($1,500) for
employees attending ajob-related program through California State or University of California
extended education programs, or one thousand five hundred dollars ($1,500) 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 and proof
that payment of fees has been made. If an employee attends both a community college and
four year college or university in a calendar year the maximum reimbursement shall be one
thousand dollars ($1,000).
Article 23. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $250 per month for the
payment of Ca1PERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($108 per
month for calendar year 2011 and $112 per month for calendar year 2012).
B. A unit employee hired by the City prior to July 1, 2011 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 Ca1PERS 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. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CaIPERS, and enrolls in a Ca1PERS medical insurance plan immediately after retirement. Eligible
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TPSSA MOU 2011-12
employees who suffer a disability, are unable to return to work, and take a disability retirement
from CaIPERS may satisfy the ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. 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 24. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years 160 hours 400 hours
6-10 years 208 hours 520 hours
Over 10 years 248 hours 620 hours
B. 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 %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.
D. Regular and promotional probationary employees may request to be paid for a maximum of twenty
(20) hours of accrued General Leave each year. Employee requests will be granted provided the
employee has at least one-half (%2) of their annual accrual of General Leave in their accrual bank.
General Leave cash out will be granted once per fiscal year per employee.
Article 25. Compensatory Time Off
A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving
overtime compensation at the rate of one and one half hour for each hour of overtime worked.
Employees may accrue up to eighty (80) hours of Compensatory Time Off.
B. Full-time employees will be paid for all Compensatory Time Off in December of each year provided
that an employee may retain a maximum of forty (40) hours in his/her account if notice of such
desired retention is submitted to the City.
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C. 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 with less than reasonable notice may still be granted within the
discretion of the supervisor or manager responsible for considering the request.
D. Upon separation from City service, an employee shall be compensated for all accrued Compensatory
Time Off at his/her regular rate of pay.
Article 26. Holidays
A. The following days shall be Holidays for which full-time regular and probationary employees, in
permanent positions, will receive compensation either in pay or paid time off.
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
B. Except as otherwise provided, when a holiday falls on a Sunday, the following Monday will be
observed instead and when a holiday falls on a Saturday, the preceding Friday will be observed
instead.
C. Each Holiday has a value of nine (9) hours. If the number of hours paid on a holiday is less than the
hours that would be paid if the employee worked his/her regular shift, accrued Compensatory Time
Off or General Leave will be used to ensure that hours paid will be equal to what the employee
would receive for his/her regular shift.
D. In December of each year, each full-time regular and promotional probationary employee may
request Advance Holiday Pay, a cash out of the employee's 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 January (January -September holidays) and October (October -December holidays) of
each year.
The Advance Holiday Pay request may only be for 1) all cash, 2) all General Leave, or 3) half cash and
half General Leave. The employee request shall be in writing and is irrevocable. In the event that an
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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 27. Bereavement Leave
The City will allow up to forty-five hours (45) of paid leave for the purpose of Bereavement Leave for all
full-time unit employees 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 employees' spouse/registered domestic partner.
CHAPTER S -WORKING CONDITIONS
Article 28. Work Schedules
A. The FLSA workweek for all members of the unit shall be 168 regularly recurring hours.
B. Employees may be assigned any of the following work schedules:
a. 9/80 work schedule. The flex/off day is the same day every other week. In addition, the
employee's scheduled work hours cannot be changed on his/her flex/off day. For employees
working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in
length) shall begin exactly four hours after the start time of his/her eight hour shift on the
day of the week that corresponds with the employee's alternating regular day off.
b. 4/10 work schedule. For employees working the 4/10 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
c. 3/12.5 work schedule. For employees working the 3/12.5 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
C. Effective with the first shift change in 2012, a modification to employees working the 3/12.5 work
schedule will begin. Employees assigned to the 3/12.5 work schedule are scheduled to work 2080
hours per fiscal year. In a seven day period (168 hours in length), employees are assigned three 12.5
hour work days. Additionally, once in every four week period, the employees are also assigned one
ten hour work day. During the work week when the ten hour day occurs, employees will be regularly
scheduled for forty-seven and one-half hours. This work schedule results in premium pay required
under the Fair Labor Standards Act (FLSA).
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TPSSA MOU 2011-12
The regularly scheduled hours and resulting FLSA premium pay is defined as Special Compensation
by CaIPERS, in accordance with Title 2 of the California Code of Regulations (2 CCR §571). Such
compensation paid for a normal full-time work schedule, including premium pay required by FLSA is
reportable to CaIPERS as Special Compensation.
Employees assigned to the 3/12.5 hour work schedule will be paid a base hourly rate that results in
the total pay for 2080 hours of regularly scheduled work being as close to equivalent to the total pay
earned by employees working 2080 hours in the same classification assigned to the 4/10 work
schedule. Hourly rates for the classifications are identified in Appendix A.
D. Continuation of the work schedules is subject to the needs of the City provided that if a 4/10 or
3/12.5 work schedule is discontinued, affected employees will be placed on the 9/80 work schedule.
E. Employees may be assigned to attend training on days other than their regularly scheduled work
days/shifts.
Article 29. Shift Trading
Employees in the unit have the right to trade shifts with their colleagues in the same classification/level
subject to the following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade.
However, denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose
shift was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts
and will not be monitored by the City. Traded shifts should fall in the same two week pay
cycle. If an employee leaves the City having not paid back a shift, it shall be the responsibility
of the two employees to work out any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or
does not work the shift, the employee who agreed to work the shift shall have his/her
General Leave deducted.
Article 30. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the City's and/or
Department's 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 his/her 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 a manner may be considered absence without authorized leave. A
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TPSSA MOU 2011-12
deduction of pay may be made for the duration of any absence without authorized 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 without leave and without reasonable cause to report to work for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. Continuous service for advancement within a salary range shall be considered interrupted if the
employee experiences a leave of absence without pay in excess of fifteen (15) work days. 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 31. Rest Periods
A. Unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their
work shift. Employees are encouraged to take their rest breaks. In the event an employee is unable
to take his/her break(s), and is required to work through his/her breaks(s), the employee shall
confirm the necessity of working through his/her break(s) with the immediate supervisor who shall
then authorize equivalent compensation for the break(s) missed. The employee shall complete
his/her timecard and all necessary paperwork so that the employee receives the additional
compensation, which was approved by the immediate supervisor who confirmed the necessity of
working through the break(s).
B. No employee shall be intimidated, coerced, or discriminated against for exercising his/her
entitlement to rest periods or for seeking direction from the immediate supervisor on working
through rest breaks(s).
Article 32. Lunch Break
A. An employee required to work through his/her lunch break shall complete his/her timecard and all
necessary paperwork so that the employee receives the appropriate pay for time worked pursuant
to the Fair Labor Standards Act. Any employee required to monitor a radio or telephone during
his/her lunch break shall be considered on paid status during the lunch break and shall be paid for
said time.
B. No employee shall be restricted to any specific area or location during anon-paid lunch break.
Interruption of the employee's non-paid lunch break shall require payment for the full lunch break
or the granting of an additional thirty (30) minute non-paid lunch break during the work shift.
C. No employee shall be intimidated, coerced, or discriminated against for exercising his/her
entitlement to lunch breaks as provided for in this Article.
Article 33. Paid Lunch
A. A unit employee who is 1) in the classification of Police Communications Officer I/II, Police Records
Specialist or Police Services Officer I/II/III (only those uniformed individuals regularly scheduled to
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the Records Section or patrol field are eligible), and 2) assigned to work a 3/12.5 work schedule,
shall be entitled to receive compensation for a lunch break period not to exceed 30 minutes. This
will result in compensation equaling 12.5 hours per assigned shift. This benefit is provided due to
the nature of the work performed in these specific affected classifications and the requirement that
these employees be present in the Police facility and at their workstations.
B. In the event an employee requests a lunch period free from recall status, such a break may be
approved by the on-duty supervisor with consideration to workload and deployment, and the
employee shall submit a General Leave request for the approved time away from the workstation.
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS
Article 34. Employee Rights
As the recognized representative of the employees covered by the Resolution, the City acknowledges
and recognizes the following employee rights:
1. TPSSA shall have access to and be provided with payroll deduction (as currently provided) of
dues, fees, and assessments without charge through the City's regular payroll system.
2. TPSSA shall be afforded the reasonable use of department bulletin boards for the posting of
notices, updates, meeting minutes and other material related to TPSSA business.
3. TPSSA 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 TPSSA the use of City facilities
including meeting rooms for TPSSA membership, Board of Directors and committee meetings.
5. Employees shall have the right to representation by TPSSA in processing grievances and
disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with a
TPSSA representative for discussion and consultation on grievances and disciplinary appeals.
6. TPSSA 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.
7. All bargaining unit members shall have the right to join and participate in the activities of TPSSA
free from management interference, intimidation, coercion, or discrimination.
8. TPSSA shall have the right to distribute reasonable association information and newsletters at
the job site.
9. TPSSA representatives shall have the right reasonable usage of department telephones for the
discussion of TPSSA business.
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10. TPSSA representatives and consultants shall have the right of reasonable access to the
workplace.
11. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 35. Appeals and Hearings
A. Pre-Disciplinary Meetings and Disciplinary Appeals
1. Pre-Disciplinary Meeting
A full-time employee who has attained a regular appointment shall have the right to a pre-
disciplinary meeting before his/her department head or designee whenever the employee may
be subject to a demotion, non-emergency suspension, or non-emergency dismissal. In the event
of an emergency suspension or dismissal a meeting will be conducted by the department head
or designee as soon as practicable after the action has been taken.
2. Procedure for Pre-Disciplinary Meetings
Notice of a proposed disciplinary action shall be provided to the employee including a statement
of the proposed action, the reasons therefore, and a copy of the charges and materials upon
which the action is based. The employee shall have ten (10) days to respond orally, in writing, or
both to the charges. Within ten (10) days of the employee's response, he/she will be advised in
writing of the City's decision. If the disciplinary action is upheld, the employee will receive a
Notice of Disciplinary Action stating the action taken, the reasons therefore, and the employee's
right to appeal.
3. Post-Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal
the action in writing to the Director of Numan Resources.
4. Effective Date of Disciplinary Action
The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the
effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a
termination, the employee shall cease to be an employee of the City on the effective date of the
termination.
5. Calendar Days
Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s).
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B. Appeals Procedure
1. If a timely appeal is filed as provided in the Grievance Procedure (Article 36) or Pre-Disciplinary
Hearings and Disciplinary Appeals section (Article 35, Section A) the City Manager may hear the
appeal or appoint any City management/supervisory employee or arbiter who has not been
personally involved in the actions giving rise to the discipline to hear the appeal.
2. An "arbiter" is a person with experience acting as a hearing officer on public employment issues.
Any hearing conducted by an arbiter shall not be considered an "arbitration" as defined in Civil
Code Section 1281.6.
3. In the event that the employee requests that an arbiter hear the appeal, such a request will be
honored provided the request is made within the ten (10) days after receiving the notice of
disciplinary action. The arbiter shall be chosen from a list provided by the State Mediation and
Conciliation Services through a process where the employee organization and the employer
strikes the name of an arbiter until only one name remains.
4. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a
written report outlining his/her findings, conclusions, and recommendations to the City
Manager.
5. Within ten (10) days of the receipt of the hearing officer's report, or the conclusion of the
hearing if it was conducted by the City Manager or his/her City appointee, the City Manager
shall provide his/her written decision to the employee.
C. Hearings
1. Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more
than sixty (60) days, from the date of the filing of the appeal with the City Manager, provided
that the parties may agree to a longer or shorter period of time.
2. All hearings involving disciplinary action against an employee shall be closed to the public unless
the affected employee requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating to evidence and
witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule, which might make improper admission of such
evidence over objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil actions. The rules of privilege shall
be effective to the same extent that they are now or hereafter may be recognized in civil and
criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the
admission and exclusion of evidence.
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4. Each party shall have these rights: To be represented by legal counsel or other person of his/her
choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing
witnesses; to impeach any witness regardless of which party first called him/her to testify; and
to rebut the evidence against him/her. If the respondent does not testify on her/his own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence shall be taken
only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of
the reporter will be split between the City and TPSSA.
5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons,
otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in a disciplinary appeal hearing. If witnesses are called, the
opposing party shall have the right to cross-examine the witnesses on any matter
relevant to the issues, even though that matter was not covered on direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only, unless the
hearing officer for good reason permits them to offer evidence upon their original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of testimony
and evidence. He/she shall base his/her findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing unless the hearing officer, for good cause, otherwise directs.
No still photographs, moving pictures, or television pictures shall be taken in the hearing
chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a
continuance for any reason he/she believes to be important to reaching a fair and
proper decision.
f. The hearing officer shall have no authority to amend, alter, or modify a Memorandum of
Understanding or any sections of the City's Personnel Rules and shall limit his/her
recommendations to the interpretation and application of the Memorandum of
Understanding(s), agreement at issue and/or the City's Personnel Rules.
g. The hearing officer may recommend sustaining or modifying the disciplinary action.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director
of Human Resources. The City Manager, in his/her sole discretion, may hear limited oral
arguments and/or request written statements from either party on the hearing officer's
findings, conclusions, and recommendations. The City Manager shall inform the appellant of
his/her decision regarding the appeal within ten (10) days of the conclusion of the hearing or if
the appeal is heard by a hearing officer other than the City Manager, within ten (10) days of the
receipt of the hearing officer's report. However, the City Manager may extend the time to issue
his/her decision beyond the ten day period if he/she believes it is necessary. The decision of the
City Manager regarding the appeal shall be the final step in the administrative appeal process.
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However, any disciplinary action is deemed final as of the effective date. Copies of the City
Manager's decision, including the hearing officer's report shall be filed where appropriate,
including the employee's personnel file. The City Manager's decision is subject to review by a
superior court pursuant to Code of Civil Procedure Section 1094.6.
7. If the employee organization requests that an arbiter be appointed to hear the appeal the
organization shall pay the cost of the hearing up to a maximum of $1,000; any excess cost will
be shared equally by the City and the organization. If either party orders a transcript for their
review, the requesting party shall bear the cost of the transcript. If either party unilaterally
cancels or postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or
court reporter, the party responsible for the cancellation or postponement shall be solely
responsible for payment of the fee. The arbiter shall submit his/her bills for services to the
party, which is obligated to pay them pursuant to this section.
8. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request
of either party, not less than ten (10) days prior to the commencement of the hearing; after
commencement, subpoenas shall be issued only at the discretion of the hearing officer.
9. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
Article 36. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit employees.
A. Limitations
The procedures set forth in this Section shall apply to all grievances involving unit employees.
Excluded from this procedure are grievances related to:
1. The amendment or change of City Council resolutions, ordinances or minute orders, which
do not involve provisions of a Memorandum of Understanding (MOU), Personnel Rules, or
other agreements between the City and employee organization.
2. Position classification.
B. Definitions
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules or Memorandum of Understanding.
2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules, an agreement between the City and employee organization, or
Memorandum of Understanding.
3. Grievance Procedure: The process by which the validity of a grievance is determined and
resolution effected.
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4. Day: Unless otherwise indicated, "day" or "days" when used in this section shall be calendar
day(s).
C. Procedure
1. Step 1.
The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the
exercise of reasonable diligence should have known, of the events giving rise to the grievance.
The grievant shall state the facts necessary to an understanding of the issues involved; refrain
from including any unrelated charges; cite the sections of the City resolutions, agreement,
Memorandum of Understanding or rules alleged to have been violated and the remedy sought.
The grievant shall submit the grievance form to his/her immediate supervisor. Within ten (10)
days of receipt of the form, the supervisor shall inform the grievant of his/her decision.
Grievances submitted by employee organization representatives that involve issues potentially
impacting the organization's rights or membership as a whole shall be filed at Step 3.
2. Step 2.
If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar
days after receipt of the supervisor's response, submit the grievance to his/her department
head. After receipt of the grievance, the department head will meet with the grievant and make
such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the
department head shall inform the grievant of his/her decision.
3. Step 3.
If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization
grievances, the grievant may submit the grievance to the City Manager. Employee grievances
are to be submitted within ten (10) days of receipt of the department head's decision. Such
submittal shall include the original of the grievance form and a written statement of any issues
that are in dispute. The City Manager has the sole discretion to hear the grievance him/herself
or appoint any City management/supervisory employee (except the employee's department
head), or an arbiter to hear the grievance and submit a recommendation as to resolution of the
grievance. At the hearing, the grievant has the burden of proof and will present his/her case
first.
D. General Provisions
1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the
person or organization representative suspected as having violated provisions of the Personnel
Rules or Memorandum of Understanding. Upon a showing of good cause to the Director of
Human Resources, such discussion may be waived between an employee and his/her immediate
supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate
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TPSSA MOU 2011-12
actions of the supervisor form the basis for the grievance and the employee has reasonable
cause to believe that the supervisor would not be objective.
2. An employee may obtain a grievance form from his/her supervisor or the Human Resources
Department. All documents, communications, and records dealing with the processing of
grievances shall be filed separately from personnel files.
3. No retribution or prejudice shall be suffered by employees making use of the grievance
procedure by reason of such use.
4. Failure by management at any step of this procedure to communicate their decision on the
grievance within the specified time limits shall permit the grievant to proceed to the next step.
5. A grievant shall be entitled to be present at all steps of the procedure.
6. Failure by the grievant to appeal a decision on a grievance within the specified time limits shall
be deemed acceptance of the decision rendered.
7. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
E. Employee Representation
1. An employee may represent him/herself or be represented by a representative of the employee
organization.
2. If an employee chooses not to be represented by the employee organization and the subject of
the grievance involves MOU or other provisions which have been negotiated between the City
and the employee organization, the organization may have staff representatives present
beginning with Step 3, and shall have the right to present the organization's interpretation of
the provisions at issue. Such presentation shall not include comments regarding the merits of
the grievance.
Article 37. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal
attached to a performance evaluation with which the employee disagrees.
Article 38. Membership Meetings
Each Association member shall be entitled to two (2) hours per calendar year of paid release time for
membership meetings. These meetings are in addition to the Memorandum of Understanding
ratification meetings allowed the Association. The Association shall provide a minimum of two (2)
weeks' advanced notice to the City of such meetings. The two (2) hours per calendar year of release
time shall be used in one (1) hour increments and will be non-cumulative for the next calendar year.
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Article 39. No Strike /lob 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.
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.
D. The City agrees it will not lock out employees during the term of this agreement.
Article 40. Agency Shop
A. legislative Authority
As a result of State of California adoption of SB 739, all full-time and part-time benefitted employees
represented by the Tustin Police Support Services Association have the right to join or not join the
Association. However, the enactment of a local "Agency Shop" requires that as a condition of
continuing employment, employees in the respective bargaining unit must either join the
Association or pay to the Association a service fee in lieu thereof. Such service fee shall be
established by the Association, and shall not exceed the standard initiation fee, periodic dues and
general assessments of the Association.
B. Association Dues/Service Fees
1. The Human Resources Department shall provide new hires to the TPSSA unit with an
authorization notice advising them that Agency Shop for the Association has been enacted
pursuant to state law and an agreement exists with the Association, and that all employees
subject to the Agreement must either join the Association, pay a service fee to the Association,
or execute a written declaration claiming a religious exemption from this requirement. Such
notice shall include a form for the employee's signature authorizing a payroll deduction of
Association dues, a service fee or a charitable contribution equal to the service fee. Said
employees shall have 14 calendar days from the date they receive the form to fully execute it
and return it to the Human Resources Department.
2. If the form is not completed properly or returned within 14 calendar days, the City shall
commence and continue a payroll deduction of service fees from the regular biweekly
paychecks of such employee. The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first pay period commencing 14
calendar days after receipt of the authorization form by the employee.
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3. The employee's earnings must be sufficient after the other legal and required deductions are
made to cover the amount of the dues or fees authorized. When an employee is in a non-pay
status for an entire pay period, no withholding will be made. In the case of an employee in a
non-pay status during part of the pay period, whose salary is not sufficient to cover the full
withholding, no deduction shall be made. In the case of an employee who is receiving
catastrophic leave benefits during a pay period, no deduction shall be made. In this connection,
all other legal and required deductions (including health care and insurance deductions) have
priority over Association dues and service fees.
C. Religious Exemption
1. Any employee who is a member of a bona fide religion, body or sect that has historically held
conscientious objections to joining or financially supporting public employee organizations shall
upon presentation of active membership in such religion, body, or sect, not be required to join
or financially support any public employee organization as a condition of employment. The
employee shall be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay
sums equal to the dues, initiation fees or agency shop fees to a nonreligious, nonlabor charitable
fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the
employee from the following charities: United Way, Tustin Community Foundation, or
Community Health Charities. Proof of the payments shall be made on an annual basis to the
City as a condition of continued exemption from the requirement of financial support to the
Association [Section 3502.5(c)j.
2. Declarations of or applications for religious exemption and any other supporting documentation
shall be forwarded to the Association within 14 calendar days of receipt by the City. The
Association shall have 14 calendar days after receipt of a request for religious exemption to
challenge any exemption granted by the City. If challenged, the deduction to the charity of the
employee's choice shall commence but shall be held in escrow pending resolution of the
challenge. Charitable contributions shall be made by regular payroll deductions only.
D. Rescission
The Agency Shop provision in this Agreement may be rescinded by a majority vote of all the
employees in the unit covered by the Agreement, provided that:
1. A request for such a vote is supported by a petition containing the signatures at least 30
percent of the employees in the unit.
2. The vote is by secret ballot.
3. The vote may be taken at any time during the term of the represented unit's memorandum
of understanding, but in no event shall there be more than one rescission vote taken during
that term. Notwithstanding the above, the City and the Association may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures regarding a vote on
an Agency Shop agreement [Section 3502.5(d)j.
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4. If a "rescission vote" is approved by unit members during the term of a current
memorandum of understanding, the Association agrees not to petition for or seek Agency
Shop status for the duration of the current memorandum of understanding.
E. Records
The Association shall keep an adequate itemized record of its financial transactions and shall make
available annually, to the City, and to the employees who are members of the organization, within
60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a
balance sheet and an operating statement, certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
F. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any liability arising from
any claims, demands, or other action relating to the City's compliance with the agency fee
obligation.
Article 41. Management Rights
Except as otherwise specifically provided in State and Federal laws, the City reserves and retains and is
vested with all rights of management which have not been expressly abridged by specific provisions of
this Resolution or by law to manage the City. This shall include, but is not limited to:
1. The right to contract or subcontract services and/or work. 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 upon notification to
the Association regarding the nature and expected duration of the emergency. In the event of
such suspension of the Resolution, 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 to direct the work force, including the right to hire, promote,
demote, evaluate, transfer, lay off or discharge forjust cause any employee.
3. 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.
4. The right to modify the performance evaluation form.
5. The right to modify and update class specifications.
Article 42. layoffs
The layoff provisions described in the Personnel Rules currently in effect are hereby incorporated into
this MOU by reference.
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CHAPTER 7 -PART-TIME EMPLOYEES
Article 43. Part-Time Benefitted Employees
There is one (1) individual in a TPSSA classification that is budgeted as a part-time benefited position
(Police Services Officer I). When this individual vacates the current position, and the City replaces the
position, the position will be replaced with an unrepresented part-time non-benefitted employee and
will not be subject to representation or benefits afforded to TPSSA members. All other part-time
employees working in the Police Department are unrepresented and do not receive benefits.
The part-time benefitted employee is at-will and must maintain a minimum of 20 hours per work week
in order to receive the following benefits:
A. Retirement
1. The individual currently employed by the City shall be enrolled in the CaIPERS 2% @ 55 plan for
local Miscellaneous members. The plan includes both an employer and employee contribution.
The employee is responsible for paying the employee contribution of the employee's wages
through a payroll deduction as follows:
July 1, 2011 3.5%
July 1, 2012 3.5%
July 1, 2013 4.5%
July 1, 2014 5.75%
July 1, 2015 7%
The City will contribute the remainder of the employee contribution as Employer Paid Member
Contributions. 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). The employee is responsible for paying the employee portion of
the 1959 Survivor benefit premium.
B. Overtime
The part-time benefitted employee shall receive overtime compensation of time and one-half (1
%2) for all approved overtime hours worked in excess of 40 hours worked in her seven (7) day
work week. General Leave shall be included within the above hours for eligibility.
C. Employee Life Insurance
The City will provide a life insurance policy for the part-time benefited employee. The City will
pay premiums for the policy with a death benefit that shall be the greater of $25,000 or one
hundred percent (100%) of the employee's base annual salary rounded to the nearest multiple
of $1,000. The City will also provide $1,000 per dependent of dependent life insurance.
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D. Flexible Benefits Plan
1. 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) ($108 per month for calendar year 2011 and $112 for calendar year 2012) 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.
2. The monthly Flexible Benefits contribution is half the amount provided to full-time unit
employees.
3. Employees who do not take medical insurance through the program offered by the City shall
receive $150 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.
4. 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. The employee may allocate
the remaining amount among the following programs:
a. Medical insurance
b. Dental insurance
c. Additional life insurance
d. Vision insurance
e. Deferred compensation
f. Section 125 Flexible Spending Account for medical or dependent care
reimbursement
g. Eligible catastrophic care programs
h. 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.
5. 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.
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E. Bereavement Leave
The City will allow up to twenty-seven (27) hours of paid leave for the purpose of bereavement
leave for the part-time benefitted employee 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.
F. Holidays
The part-time benefitted employee receives up to nine (9) hours of Holiday Pay when one of the
City's designated Holidays falls on her regularly scheduled work day.
G. General Leave
Paid General Leave will be granted to the part-time benefitted employee, at the rates listed
below, prorated on a biweekly basis for each biweekly pay period in which the employee works
20 hours per work week:
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years 80 hours 400 hours
6-10 years 104 hours 520 hours
Over 10 years 124 hours 620 hours
H. 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. The part-time benefitted employee shall be
eligible for tuition reimbursement of eligible expenses by the City for professional and technical
courses subject to the following conditions:
1. Department head and Director of Human Resources approval must be obtained before
enrollment in the course.
2. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade (a "C" or above" or "Pass") 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 courses.
4. Reimbursement for up to three hundred and seventy-five dollars ($375) each calendar
year if the employee is attending a community college, seven hundred and fifty dollars
[29l
TPSSA MOU 2011-12
($750) if the employee is attending a job related program through California State ar
University of California extended education programs, or seven hundred and fifty dollars
($750) 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 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 five hundred dollars ($500).
I. Work Schedules
The Department will assign the part-time benefitted employee to any work schedule that meets
the needs of the Department.
IN WITNESS WHEREOF, the parties hereto have executed this document this 6th day of September 2011.
FOR THE CITY OF TUSTIN
FOR THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
William A. Huston, Interim City Manager Amanda Shanahan, President
Kristi Recchia, Director of Human Resources
Peter Brown, Liebert Cassidy Whitmore
Laura Ulrich, Vice President
Susan Cummings, Secretary
Adriana Tokar, Treasurer
Regina Sanbrano, Member at Large
Steve Giddings, Negotiations Team Member
[30]
TPSSA MOU 2011-12
APPENDIX A -MONTHLY SALARY RANGES
Effective June 21, 2010
Classification A
__ I B C D
! _____ ' _ __ E
__
______ _.__
Crime Analyst _
5077.81 5337.82 5611.15 5898.47 6200.50
Police Communications Lead 5077.81 5337.82 5611.15 5898.47 6200.50
Police Communications Officer I 4327.89 4549.50 4782.46 5027.35 5284.77
Police Communications Officer II 4595.17 4830.46 5077.81 5337.82 5611.15
Police Fleet Coordinator 4641.29 4878.95 5128.78 5391.40 5667.47
Police Records Lead 3887.29 4086.34 4295.59 4515.55 4746.77
Police Records Specialist 3517.81 3697.93 3887.29 4086.34 4295.59
Police Services Officer I 4045.74 4252.90 4470.67 4699.60 4940.24
Police Services Officer II 4263.53 4481.85 4711.35 4952.59 5206.19
Police Services Officer III 4595.17 4830.46 5077.81 5337.82 5611.15
Property and Evidence Technician 4106.80 4317.10 4538.15 4770.53 5014.81
Effective February 27, 2012
Classification A B C D E
Crime Analyst 5077.81 5337.82 5611.15 5898.47 6200.50
Police Communications Lead (3/12.5) 4961.52 5215.58 5482.65 5763.39 6058.50
Police Communications Officer I (3/12.5) 4228.78 4445.31 4672.93 4912.21 5163.75
Police Communications Officer II (3/12.5) 4489.93 4719.84 4961.52 5215.58 5482.65
Police Fleet Coordinator 4641.29 4878.95 5128.78 5391.40 5667.47
Police Records Lead (4/10) 3887.29 4086.34 4295.59 4515.55 4746.77
Police Records Lead (3/12.5) 3798.27 3992.76 4197.22 4412.14 4638.06
Police Records Specialist (4/10) 3517.81 3697.93 3887.29 4086.34 4295.59
Police Records Specialist (3/12.5) 3437.24 3613.25 3798.27 3992.76 4197.22
Police Services Officer I (4/10) 4045.74 4252.90 4470.67 4699.60 4940.24
Police Services Officer I (3/12.5) 3953.08 4155.51 4368.29 4591.97 4827.10
Police Services Officer II (4/10) 4263.53 4481.85 4711.35 4952.59 5206.19
Police Services Officer II {3/12.5) 4165.90 4379.21 4603.45 4839.17 5086.96
Police Services Officer III (4/10) 4595.17 4830.46 5077.81 5337.82 5611.15
Police Services Officer III (3/12.5) 4489.93 4719.84 4961.52 5215.58 5482.65
Property & Evidence Technician 4106.80 4317.10 4538.15 4770.53 5014.81
[31]
TPSSA MOU 2011-12
APPENDIX B -POLICE SERVICES OFFICER CAREER OFFICER PROGRAM
A. Police Services Officers qualifying under the Police Services Officer Career Officer Program, as
outlined in the Division Standard Operating Procedure, shall be eligible for additional compensation
in accordance with the following:
1. Police Services Officer I
Requirements include:
a. Entry level experience and education. May be assigned to fill any open assignment, in
any area, at the discretion of management.
2. Police Services Officer II
Requirements include:
a. Minimum 5 years experience with TPD or 2 years with TPD and 3 years equivalent
experience with another law enforcement agency (5 years total experience); and
b. Competent or better evaluations for the previous three consecutive years.
3. Police Services Officer III
Requirements include:
a. Minimum 7 years experience with TPD or 2 years experience in one assignment area
with TPD and 5 years equivalent service with another law enforcement agency (7 years
total experience); or
b. 5 years experience in the CSI assignment combined with possession of a POST Forensic
Technician certification (5 years total experience); and
c. Competent or better evaluations for the previous 3 consecutive years.
B. Once a Police Services Officer has met the criteria for advancement to the next PSO level, he/she
shall complete the appropriate TPD form, "Recommendation for Advancement to Police Services
Officer (II, III)." Once completed, the form should be submitted via chain of command. If all
qualifications are met, the department head shall make a recommendation for advancement and
will authorize the Professional Standards Unit to generate a Personnel Action Form signifying the
classification change.
C. Advancement increases will only occur on the employee's annual anniversary date, accompanied by
a competent performance evaluation; except that, those employees eligible for advancement at the
time of contract ratification, and who have been at their current pay grade for at least 12 months,
will be immediately considered.
[32]
RESOLUTION NO. 11-63
A RESOLUTION OF THE CITY COUNCIt_ OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE Ct_ASSIFICATION
AND COMPENSATION Pt_ANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POt_ICE OFFICERS ASSOCIATION -
POt_ICE OFFICER REPRESENTATION UNIT,
CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPt_OYMENT
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. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 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 July 1, 2011 through June 30, 2012, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOt_VED:
The Memorandum of Understanding between the City and TPOA, effective July
1, 2011, 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.
I1. This Resolution shall become effective on July 1, 2011, 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 6t" day of September 2011.
Resolution 11-63
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. 11-63 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day of
September 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 11-63
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM:
July 1, 2011- June 30, 2012
TPOA MOU 2011-12
TABLE OF CONTENTS
CHAPTER 1-GENERAL PROVISIONS .............................................................................................................3
Article 1. Recognition ................................................................................................................................3
Article 2. Entire Agreement .......................................................................................................................3
Article 3. Reopener ....................................................................................................................................4
Article 4. Severability .................................................................................................................................4
Article 5. Binding on Successors ................................................................................................................4
Article 6. Notices .......................................................................................................................................4
Article 7. Payroll Deductions .....................................................................................................................4
CHAPTER 2 -COMPENSATION ......................................................................................................................5
Article 8. Salary ..........................................................................................................................................5
Article 9. Overtime Compensation ............................................................................................................5
Article 10. Uniform Allowance ..................................................................................................................5
Article 11. Bilingual Pay .............................................................................................................................5
Article 12. Educational Incentive Pay ........................................................................................................6
Article 13. Career Officer Program ............................................................................................................6
Article 14. Standby Duty ............................................................................. ................7
...............................
Article 15. Call-Back Duty ..........................................................................................................................8
Article 16. Court Pay ..................................................................................................................................8
Article 17. Special Assignments .................................................................................................................8
Article 18. Shift Differential Pay ................................................................................................................9
CHAPTER 3 -BENEFITS ..................................................................................................................................9
Article 19. Flexible Benefits Plan ...............................................................................................................9
Article 20. Retirement .............................................................................................................................10
Article 21. Deferred Compensation .........................................................................................................12
Article 22. Employee Life Insurance ........................................................................................................12
Article 23. Long-Term Disability (LTD) Plan .............................................................................................12
Article 24. Tuition Reimbursement .........................................................................................................13
Article 25. Retiree Medical Insurance .....................................................................................................13
CHAPTER 4- LEAVES OF ABSENCE ..............................................................................................................14
Article 26. General Leave ........................................................................................................................14
TPOA MOU 2011-12
Article 27. Compensatory Time Off .........................................................................................................15
Article 28. Holidays ..................................................................................................................................15
Article 29. Bereavement Leave ...............................................................................................................16
Article 30. Military Leave .........................................................................................................................16
CHAPTER 5 -WORKING CONDITIONS .........................................................................................................16
Article 31. Attendance .............................................................................................................................16
Article 32. Work Schedules .....................................................................................................................17
Article 33. Shift Trades ............................................................................................................................18
Article 34. Rest Periods and Lunch Breaks ..............................................................................................19
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS .....................................................................................19
Article 35. Employee Rights .....................................................................................................................19
Article 36. Third Party Advisory Process for Disciplinary Appeals ...........................................................20
Article 37. Rules of Evidence and Procedure for Employees Removed from Special Assignments........23
Article 38. Performance Evaluations .......................................................................................................24
Article 39. No Strike /lob Action ............................................................................................................24
Article 40. Management Rights ...............................................................................................................25
Article 41. Layoffs ....................................................................................................................................25
APPENDIX A -MONTHLY SALARY RANGES .................................................................................................27
TPOA MOU 2011-12
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN PO<.ICE OFFICERS ASSOCIATION - PO<.ICE 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
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.
[3]
TPOA MOU 2011-12
Article 3. Reopener
Either side may request to meet and confer over changes to this MOU which may occur prior to January
1, 2012 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2012 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. 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 7. 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.
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. Payment for non-return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Other purposes as may be authorized by the City.
~4~
TPOA MOU 2011-12
CHAPTER 2 -COMPENSATION
Article 8. Salary
Salary ranges for represented classifications are listed in Appendix A.
Article 9. 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%2) 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 10. 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 11. 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
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.
[5]
TPOA MOU 2011-12
Article 12. 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 shalt be used for future compensation comparisons.
Article 13. Career Officer Program
A. Officers qualifying under the Career Officer Program shall be eligible for additional compensation in
accordance with the following:
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°l0 of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
• POST Basic Certificate
[6l
TPOA MOU 2011-12
• 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 11 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 SO% 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.
Article 14. 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
[7l
TPOA MOU 2011-12
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, employees shall receive a minimum of two (2) hours of overtime
compensation paid at a time and one-half (1 %) rate for any call (fifteen (15) or more minutes beyond
the end of their shift) which required them to return to duty.
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 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 17. 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)
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).
[8]
TPOA MOU 2011-12
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 18. 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 19. 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) ($108 per
month for calendar year 2011 and $112 per month for calendar year 2012) 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
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:
fig)
TPOA MOU 2011-12
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 20. 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. Employees first hired by the City as Local Safety members prior to January 1, 2012 shall be provided
the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2.
1. The City shall pay part of the required employee CaIPERS contribution on behalf of each unit
employee in accordance with California Government Code Section 20691. The parties agree that
the City's payment (as set forth below) of the CaIPERS employee contribution shall be regarded
as a pickup for purposes of compliance with IRC 414(h)(2). The employee is responsible for
paying the employee contribution through apre-tax payroll deduction as follows:
Effective Date Employee Share City Payment of Employee Contribution
July 1, 2011 4.5% 4.5%
July 1, 2012 4.5% 4.5%
July 1, 2013 6% 3%
July 1, 2014 7.5% 1.5%
July 1, 2015 9% 0%
2. 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). The employee is responsible for paying the employee portion of the 1959
Survivor benefit premium.
[10]
TPOA MOU 2011-12
C. Employees first hired by the City as Miscellaneous members (i.e. Police Recruits) prior to January 1,
2012 shall be enrolled in the CaIPERS 2% @ 55 plan pursuant to California Government Code Section
21362.
1. The City shall pay part of the required employee contribution on behalf of each unit employee,
in accordance with California Government Code Section 20691. The City's payment shall be
regarded as a pickup of employee contributions pursuant to IRC 414(h)(2) and shall be in the
amounts set forth below. The employee is responsible for paying the employee contribution
through apre-tax payroll deduction as follows:
Effective Date Employee Share City Payment of Employee Contribution
July 1, 2011 3.5% 3.5%
July 1, 2012 3.5%a 3.5%
July 1, 2013 4.5% 2.5%
July 1, 2014 5.75% 1.25%
July 1, 2015 7% 0%
2. 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). The employee is responsible for paying the employee portion of the 1959
Survivor benefit premium.
D. Employees first hired by the City as Local Safety Members on or after January 1, 2012 shall be
provided the CaIPERS 2% C~ 50 retirement formula.
1. The employee is responsible for paying the employee contribution of 9% of the employee's
wages through apre-tax payroll deduction.
2. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 20037.
E. Employees first hired by the City as Miscellaneous members (i.e. Police Recruits) on or after January
1, 2012 shall be enrolled in the CaIPERS 2% t?a 60 retirement formula for Local Miscellaneous
members.
1. The employee is responsible for paying the employee contribution of 7% of the employee's
wages through apre-tax payroll deduction. This plan provides retirement benefits based on the
highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 20037. The plan provides for 3rd
level of 1959 Survivor benefits with the employee paying the employee portion of the premium.
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TPOA MOU 2011-12
Article 21. 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 22. 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.
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.
Article 23. Long-Term Disability (LTDj 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 609'0 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 1009'0 of his/her
pre-disability earnings.
D. Provided an employee is eligible for FMLA/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.
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TPOA MOU 2011-12
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
(TMEA).
Article 24. 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.
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 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 ($108 per
month for calendar year 2011 and $112 for calendar year 2012).
B. A unit employee hired by the City prior to July 1, 2011 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 retiremen#
[13]
TPOA MOU 2011-12
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. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
heJshe has been continuously employed by the City for ten (10) 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 ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's Ca1PERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a Ca1PERS 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, hisjher General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years 160 hours 400 hours
6-10 years 208 hours 520 hours
Over 10 years 248 hours 620 hours
B. Once per fiscal year, each regular and promotional probationary employee may request that heJshe
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. Requests for cash out must be received no later than two weeks prior to the
paycheck date when the cash out is requested.
C. 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, at the employee's then current base salary rate.
D. 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.
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TPOA MOU 2011-12
Article 27. 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%2), 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 28. 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.
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
[15~
TPOA MOU 2011-12
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).
Human Resources will notify eligible employees of their opportunity to elect Advance Holiday Pay by
November 20th of each year. Employees are required to complete the Advance Holiday form and
return it to Human Resources by the deadline identified on the notice (typically no later than
December 15t") of each calendar year. Failure to submit the form by its due date shall preclude the
employee from participating in the Advance Holiday Pay program for the upcoming year.
Article 29. Bereavement Leave
The City will allow up to fifty (50) hours 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,
brother, sister, child, stepchild, grandparent, and grandchild of the employee or the employee's
spouse/registered domestic partner. An employee may use less than fifty (50) hours. 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 30. 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 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.
[16]
TPOA MOU 2011-12
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 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.
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
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TPOA MOU 2011-12
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.
7. 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.
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 33. Shift Trades
Employees in the unit have the right to trade shifts with their colleagues at the same rank subject to the
following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade. However,
denials are not subject to being grieved.
[18]
TPOA MOU 2011-12
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift
was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and
will not be monitored by the City. Traded shifts should fall in the same two week pay cycle. They
must fall within the same 28 day work period. If an employee leaves the City having not paid back
a shift, it shall be the responsibility of the two employees to work out any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does
not work the shift, the employee who agreed to work the shift shall have his/her General Leave
deducted.
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
[19]
TPOA MOU 2011-12
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-
mail for 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
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TPOA MOU 2011-12
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
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.
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TPOA MOU 2011-12
b. The appealing party shall then be permitted to make an opening statement.
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.
8. 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.
9. The arbiter may recommend sustaining or rejecting any or all of the charges filed 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 any 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
arbiter, 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)
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TPOA MOU 2011-12
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 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.
[23]
TPOA MOU 2011-12
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, orhis/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 f 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.
[24)
TPOA MOU 2011-12
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 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.
IN WITNESS WHEREOF, the parties hereto have executed this document this 6T" day of September 2011.
FOR THE CITY OF TUSTIN FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION - POLICE OFFICER
REPRESENTATION UNIT
William A. Huston, Interim City Manager
Jeff Taylor, President
[25]
TPOA MOU 2011-12
Kristi Recchia, Director of Human Resources Gordon Margulies, Vice President
Peter Brown, Liebert Cassidy Whitmore
David Welde, Treasurer
Ryan Coe, Secretary
Rob Wexler; Silver, Hadden, Silver, Wexler +
Levine
[26)
TPOA MOU 2011-12
APPENDIX A -MONTHLY SALARY RANGES
Effective June 21, 2010
Classification A i B C D E
Police Officer 5810.76 6108.30 6421.08 6749.88 7095.51
Police Recruit 4306.33 n/a n/a nja n/a
[27]
RESOLUTION NO. 11-64
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. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 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 July 1, 2011 through June 30, 2012, 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 July
1, 2011, 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.
11. This Resolution shall become effective on July 1, 2011, 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 6t" day of September 2011.
Resolution 11-64
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. 11-64 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day of
September 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resolution 11-64
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE MANAGEMENT REPRESENTATION UNIT
TERM:
July 1, 2011-June 30, 2012
TPMA MOU 2011-12
TABLE OF CONTENTS
CHAPTER 1-GENERAL PROVISIONS .............................................................................................................3
Article 1. Recognition ............................................................................................................................. ...3
Article 2. Entire Agreement .................................................................................................................... ...3
Article 3. Reopener ................................................................................................................................. ...4
Article 4. Severability .............................................................................................................................. ...4
Article 5. Binding on Successors ............................................................................................................. ...4
Article 6. Notices .......................................................................................................................................4
Article 7. Payroll Deductions .....................................................................................................................4
CHAPTER 2 -COMPENSATION ......................................................................................................................5
Article 8. Salary ..........................................................................................................................................5
Article 9. Overtime Compensation ............................................................................................................5
Article 10. Uniform Allowance ..................................................................................................................5
Article 11. Bilingual Pay .............................................................................................................................5
Article 12. Educational Incentive Pay ...................................................................................................... ..6
Article 13. Standby Duty .......................................................................................................................... ..6
Article 14. Call-Back Duty ........................................................................................................................ ..7
Article 15. Court Pay ................................................................................................................................ ..7
Article 16. Shift Differential Pay .............................................................................................................. ..7
CHAPTER 3 -BENEFITS ................................................................................................................................ ..7
Article 17. Flexible Benefits Plan ............................................................................................................. ..7
Article 18. Retirement ............................................................................................................................. ..8
Article 19. Deferred Compensation ......................................................................................................... ..9
Article 20. Employee Life Insurance ........................................................................................................ ..9
Article 21. Long-Term Disability (LTD) Plan ............................................................................................. ..9
Article 22. Tuition Reimbursement ......................................................................................................... 10
Article 23. Car Allowance ........................................................................................................................ 11
Article 24. Retiree Medical Insurance ..................................................................................................... 11
CHAPTER 4 -LEAVES OF ABSENCE .............................................................................................................. 11
Article 25. General Leave ........................................................................................................................ 11
Article 26. Compensatory Time Off ......................................................................................................... 13
TPMA MOU 2011-12
Article 27. Administrative Leave ............................................................................................................. 13
Article 28. Holidays .................................................................................................................................. 14
Article 29. Bereavement Leave ............................................................................................................... 15
CHAPTER 5 -WORKING CONDITIONS ......................................................................................................... 16
Article 30. Attendance ............................................................................................................................. 16
Article 31. Work Schedules ..................................................................................................................... 16
Article 32. Shift Trading ........................................................................................................................... 17
Article 33. Rest Periods and Lunch Breaks .............................................................................................. 18
CHAPTER 6 -EMPLOYER /EMPLOYEE RELATIONS ..................................................................................... 18
Article 34. Employee Rights ..................................................................................................................... 18
Article 35. Performance Evaluations ....................................................................................................... 19
Article 36. No Strike /lob Action ............................................................................................................ 19
Article 37. Management Rights ............................................................................................................... 19
Article 38. Layoffs .................................................................................................................................... 20
APPENDIX A -MONTHLY SALARY RANGES ................................................................................................. 21
TPMA MOU 2010-11
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
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.
[3]
TPMA MOU 2011-12
Article 3. Reopener
Either side may request to meet and confer over changes to this MOU which may occur prior to January
1, 2012 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2012 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 S. 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. 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 7. 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.
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. Payment for non-return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Other purposes as authorized by the City.
[4]
TPMA MOU 2011-12
CHAPTER 2 -COMPENSATION
Article 8. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
Article 9. 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 10. 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 11. 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)
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.
~s~
TPMA MOU 2011-12
Article 12. Educational Incentive Ray
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
ree /Certificate
Associate's
Bachelor's
Master's
Bachelor`s + Management or Supervisory POST
Master's + Management or Supervisory POST
2. Police Sergeant
ree /Certificate /Experience
Associate's
Bachelor's
Master's
Bachelor's + Supervisory POST + 4 years as a Sergeant
Master's + Supervisory POST + 4 years as a 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)
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)
D. If a Sergeant promotes to a Lieutenant, the Sergeant will not lose Educational Incentive Pay.
Article 13. 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
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
[6]
TPMA MOU 2011-12
telephone number where they can be either reached or a message can be left to advise them of a
cancellation.
Article 14. 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 %) 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 15. Court Pay
A. Police Sergeants 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 16. Shift Differential Pay
Unit employees who are regularly assigned to the graveyard shift (shift begins at 6:p0 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 17. 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) ($108 per
month for calendar year 2011 and $112 for calendar year 2012) 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 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
[~l
TPMA MOU 2011-12
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 18. 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. Employees first hired by the City as Local Safety Members prior to January 1, 2012 shall be provided
the CaIPERS 3l0 @ 50 retirement formula in accordance with Government Code section 21362.2.
1. The City shall pay part of the required employee CaIPERS contribution on behalf of each unit
employee in accordance with California Government Code Section 20691. The parties agree that
the City's payment (as set forth below) of the CaIPERS employee contribution shall be regarded
as a pickup for purposes of compliance with IRC 414(h)(2). The employee is responsible for
paying the employee contribution through apre-tax payroll deduction as follows:
[8l
TPMA MOU 2011-12
Effective Date Employee Share City Payment of Employee Contribution
July 1, 2011 4.5% 4.5%
July 1, 2012 4.5% 4.5%
July 1, 2013 6% 3%
July 1, 2014 7.5% 1.5%
July 1, 2015 9% 0%
2. 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). The employee is responsible for paying the employee portion of the 1959
Survivor benefit premium.
C. Employees first hired by the City as Local Safety Members on or after January 1, 2012 shall be
provided the CaIPERS 2% @ 50 retirement formula.
1. The employee is responsible for paying the employee contribution of 9% through a pretax
payroll deduction.
2. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 20037.
Article 19. Deferred Compensation
For each unit employee, the City shall contribute 2% of the employee's base salary to a Section 4O1(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 20. 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,pOO, 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.
Article 21. Long-Term Disability (LTD) Plan
[9l
TPMA MOU 2011-12
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 22. 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.
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
[10~
TPMA MOU 2011-12
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 23. Car Allowance
Police Lieutenants will receive a car allowance of $150 per month ($69.23 per pay period).
Article 24. 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 ($108 per
month for calendar year 2011 and $112 per month for calendar year 2012).
B. A unit employee hired by the City prior to July 1, 2011 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. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) 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 ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. 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 25. 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
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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
Hours Per Year
Maximum Accrual
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. Once per fiscal 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.
Requests for cash out must be received no later than two weeks prior to the paycheck date when
the cash out is requested.
Article 26. 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 27. 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
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Police Lieutenants with an annual credit of forty (40) hours of paid Administrative Leave each
January.
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 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 28. 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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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).
Human Resources will notify eligible employees of their opportunity to elect Advance Holiday Pay by
November 20th of each year. Employees are required to complete the Advance Holiday Pay form and
return it to Human Resources by the deadline identified on the notice (typically no later than
December 15th) of each calendar year. Failure to submit the form by its due date shall preclude the
employee from participating in the Advance Holiday Pay program for the upcoming year.
Article 29. Bereavement Leave
The City will allow up to fifty (50) hours 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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CHAPTER 5 -WORKING CONDITIONS
Article 30. 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 31. 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-
hourdays 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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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.
S. 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 induration.
Article 32. Shift Trading
Police Sergeants have the right to trade shifts with their colleagues subject to the following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade.
However, denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose
shift was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts
and will not be monitored by the City. Traded shifts should fall in the same two week pay
cycle. They must fall within the same 28 day work period. If an employee leaves the City
having not paid back a shift, it shall be the responsibility of the two employees to work out
any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or
does not work the shift, the employee who agreed to work the shift shall have his/her
General Leave deducted.
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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.
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.
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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,
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.
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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 andjor 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.
S. 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.
IN WITNESS WHEREOF, the parties hereto have executed this document this 6th day of September 2011.
FOR THE CITY OF TUSTIN
William A. Huston, Interim City Manager
Kristi Recchia, Director of Human Resources
Peter Brown, Siebert Cassidy Whitmore
FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION - POLICE MANAGEMENT
REPRESENTATION UNIT
1eff Taylor, President
Brian Greene, Sergeant Representative
John Strain, Lieutenant Representative
Rob Wexler; Silver, Hadden, Silver, Wexler +
Levine
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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
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