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HomeMy WebLinkAbout04 LABOR AGREEMENT RESOLUTIONS 12-62 THRU 12-65 MOU'SAGENDA REPORT MEETING DATE: JULY 3, 2012 TO: JEFFREY C. PARKER, CITY MANAGER Agenda Item 4 Reviewed: City Manager Finance Director 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) in accordance with Council direction, and lower the City's unfunded liability for accrued paid leave time. It is recommended that the City Council adopt the following Resolutions: 1. Resolution No. 12-62 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TMEA for the period of July 1, 2012 through June 30, 2013; and 2. Resolution No. 12-63 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPSSA for the period of July 1, 2012 through June 30, 2013; and 3. Resolution No. 12-64 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPOA for the period of July 1, 2012 through June 30, 2013; and 4. Resolution No. 12-65 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPMA for the period of July 1, 2012 through June 30, 2013. City Council Agenda Report July 3, 2012 Memoranda of Understanding with TMEA, TPSSA, TPOA, and TPMA Page 2 FISCAL IMPACT For Fiscal Year 2012-13, the agreements will result in an additional one-time cost of $162,385 for 221 employees in TMEA, TPSSA, TPOA, and TPMA, due to mandatory cash -outs of accrued General Leave. In future fiscal years, however, the City's unfunded liability for paid leave will be lowered due to a 20% reduction in the maximum amount of General Leave that employees can accrue. BACKGROUND AND DISCUSSION The City's employees have been very cooperative and understanding of the City's financial condition over the past several years. In contrast with some other public agencies where employees have staged public protests and other forms of labor action or have had terms and conditions of employment imposed upon them after impasse, during the last few labor negotiations cycles, all of our employee associations have agreed to labor contracts that have reduced the City's labor costs significantly. Though negotiations have been lengthy and challenging, ultimately our employees agreed to absorb substantial cuts to their own compensation. This is a testament to our employees' level of commitment to the City and to the quality of employees we are fortunate to have in our organization. When the City's financial condition began to deteriorate at the beginning of 2010, the City took immediate action by noticing 11 employees for layoff. Although this was a difficult decision, the resulting personnel related cost savings helped the City retain financial stability. Further, had we not taken action immediately, the financial problem would have worsened, resulting in the need for even more drastic cuts. Since 2010 our employees have agreed to two major concessions that address the City Council's strong interest in pension reform — reduced pension benefits and reduced City contributions to retirement. All new employees hired beginning January 1, 2012 now participate in a second-tier CaIPERS retirement plan (2% at age 50 for Safety employees and 2% at age 60 for Miscellaneous employees, both with a final compensation period of 3 years and employees paying their full member contribution). Since these second-tier retirement plans provide lower benefits to employees, the City's retirement costs will be considerably less over time. For all existing employees, beginning in Fiscal Year 2010-11, employees pay at least half of the member contribution to the CalPERS retirement plan, and all employees are scheduled to incrementally increase their share of the cost until they pay the full member contribution by July 1, 2015. This action reduced the City's expenditures immediately and over the long-term. City Council Agenda Report July 3, 2012 Memoranda of Understanding with TMEA, TPSSA, TPOA, and TPMA Page 3 Beginning in February 2012, prior to the expiration of the existing labor agreements, the City began the labor negotiations process with all four of the City's represented bargaining groups: TMEA, TPSSA, TPOA, and TPMA. After months of negotiations in a difficult financial climate, the City has reached agreement with each of the four bargaining groups, all with a one year contract term beginning July 1, 2012 and lasting through June 30, 2013. As directed by Council, the primary focus of our labor negotiations this year was to discuss ways to lower the City's unfunded liability with respect to accrued paid leave. Each of the agreements achieves this goal through a new lower General Leave maximum accrual cap for all employees. Instead of providing separate sick leave and vacation leave, the City provides employees with a multi-purpose paid leave called General Leave which employees can use for vacation, personal business, and non -job-related illness or injury. Currently, all benefitted City employees can save accrued General Leave hours up to a maximum of two and one-half times their annual accrual of General Leave. Depending on years of service with the City, the current maximums are 420, 520, and 600 hours. Once an employee reaches the cap, the employee ceases accruing General Leave until his/her leave balance is below the cap. Effective with these new labor agreements, the maximum accrual amounts will be reduced to two times an employee's annual accrual of General Leave. Based on years of service, the new maximum accrual amounts are 320, 416, and 496 hours. This change results in a 20% reduction to the accrual cap and reduces the City's future liability to pay off accrued General Leave hours. By law, employees must be paid for all accrued General Leave, either by providing time off or through cash payments. Many employees currently have General Leave accrual balances that will exceed the new caps. To transition employees to the reduced General Leave caps, all accrued General Leave hours in excess of 120 hours below the new caps will be transferred to an Excess General Leave Bank (EGLB). Beginning this July, each employee with EGLB hours will have 40 hours of General Leave mandatorily cashed out until his/her EGLB is exhausted. Paying employees for accrued General Leave this year (and in some cases over the next one to two years) allows the City to pay off the accrued time at a lower salary rate than it would be in the future, when salaries may be higher due to a promotions or cost -of -living adjustments. Each of the new agreements also includes language to comply with new CalPERS regulations regarding "special compensation" that went into effect in 2011. For any applicable special compensation item, each MOU now clearly specifies the conditions for payment of the item of special compensation, the eligibility requirements and amount City Council Agenda Report July 3, 2012 Memoranda of Understanding with TMEA, TPSSA, TPOA, and TPMA Page 4 for each special compensation item, and the specific code section where this item is contained in the Public Employees' Retirement Law. No new items have been added — this change is simply to ensure our labor contracts are in compliance with CaIPERS regulations. Other changes to the MOUs include a change in the payroll process to facilitate accurate payroll processing and clarification and minor adjustments to policies, procedures and operational practices that are cost neutral. All agreements also contain a "reopener" on all issues which may be exercised by either party effective January 1, 2013, for the purpose of effecting changes to the MOU on or after January 1, 2013. For example, should the City's economic situation be worse than anticipated, this provision will allow the City and each bargaining unit to discuss further changes. 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. 12-62 2. MOU between the City and TMEA for July 1, 2012 through June 30, 2013 3. City Council Resolution No. 12-63 4. MOU between the City and TPSSA for July 1, 2012 through June 30, 2013 5. City Council Resolution No. 12-64 6. MOU between the City and TPOA for July 1, 2012 through June 30, 2013 7. City Council Resolution No. 12-65 8. MOU between the City and TPMA for July 1, 2012 through June 30, 2013 RESOLUTION NO. 12-62 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 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-Brown 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, 2012 through June 30, 2013, 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, 2012, 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, 2012, 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 3rd day of July 2012. Resolution 12-62 Page 1 of 2 JOHN NIELSEN 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. 12-62 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of July 2012, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Resolution 12-62 Page 2 of 2 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION TERM: July 1, 2012 to June 30, 2013 TMEA MOU 2012-13 TABLE OF CONTENTS CHAPTER 1—GENERAL PROVISIONS.............................................................................................................3 Article1. Recognition................................................................................................................................3 Article 2. Represented Classes..................................................................................................................3 Article3. Ratification.................................................................................................................................5 Article4. Entire Agreement.......................................................................................................................5 Article5. Reopener...................................................................................................................................5 Article6. Severability................................................................................................................................5 Article 7. Binding on Successors................................................................................................................6 Article8. Amendments.............................................................................................................................6 Article9. Contract Bar...............................................................................................................................6 Article10. Notices.....................................................................................................................................6 Article11. Association Dues......................................................................................................................6 Article12. Payroll Deductions...................................................................................................................6 CHAPTER 2 — COMPENSATION.................................................................................................. ................ ....7 Article13. Salary ............................................................................................................... 7 Article 14. Overtime Compensation..........................................................................................................7 Article 15. Paid Overtime Meal.................................................................................................................7 Article 16. Bilingual Compensation...........................................................................................................7 Article17. Certification Pay.......................................................................................................................7 Article 18. Standby Duty..................................................................... .............................................. ........9 Article 19. Shift Differential Pay................................................................................................................9 Article20, Call Back Duty........................................................................................................................10 Article21. Acting Pay........................................................................................................10 Article 22. Educational Incentive Pay ..................... ............................................................................... ..10 CHAPTER3 — BENEFITS................................................................................................................................11 Article 23. Flexible Benefits Plan.............................................................................................................11 Article24. Retirement.............................................................................................................................12 Article 25. Employee Life Insurance........................................................................................................13 Article 26. Short -Term / Long -Term Disability Insurance........................................................................13 Article 27. Tuition Reimbursement.........................................................................................................14 Article 28. Retiree Medical Insurance.....................................................................................................15 TMEA MOU 2012-13 CHAPTER 4 — LEAVES OF ABSENCE..............................................................................................................15 Article29. General Leave........................................................................................................................15 Article30. Compensatory Time Off.........................................................................................................16 .................. Article 31. Holidays........................................................................................................... ....16 Article 32. Bereavement Leave...............................................................................................................17 CHAPTER 5 —WORKING CONDITIONS.........................................................................................................17 Article 33. Workweek & Work Schedules...............................................................................................17 Article34. Rest Periods...........................................................................................................................18 Article 35. One -Half Hour Lunch: Field Services & Water Services Employees......................................18 Article36. Uniforms................................................................................................................................18 Article 37. Commercial Driver's License..................................................................................................19 CHAPTER 6—EMPLOYER/ EMPLOYEE RELATIONS.....................................................................................19 Article 38. Appeals Procedure.................................................................................................................19 Article 39. Grievance Procedure.............................................................................................................22 Article 40. Performance Evaluations.......................................................................................................25 Article41. Meetings................................................................................................................................25 Article 42. No Strike/Job Action..............................................................................................................25 Article43. Agency Shop..................................................................................... .......26 Article 44. Management Rights...............................................................................................................28 Article45. Layoffs....................................................................................................................................28 APPENDIX A — MONTHLY SALARY RANGES.................................................................................................33 TMEA MOU 2012-13 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 Administrative Specialist Assistant Engineer Assistant Planner [3] TMEA MOU 2012-13 Associate Engineer 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 Assistant Office Support Specialist Parking Control Specialist Plan Checker Planning Technician Public Works Inspector Recreation Facilities Assistant Recreation Facilities Leadworker Recreation Program Specialist Redevelopment Project Manager Senior Accounting Specialist Senior Administrative Specialist Senior Building Inspector Senior Maintenance Worker Water Distribution Leadworker Water Distribution Operator 1/II Water Equipment Operator Water Meter Reader Water Treatment Operator 1/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 Office Assistant Office Support Specialist Senior Accounting Specialist Transportation Coordinator [4] I i► d :r_lviVA [9lli110 WAMI 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) or three-quarter time (30-39 hours per week). The City shall budget annually for all positions on a half (%:) time, three quarter (%) time or full time basis. Only those classifications designated as a regular allocated position shall be included for representation in this unit. 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 A. Either side may request to meet and confer over changes to this MOU which may occur prior to January 1, 2013 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2013 or later. B. Prior to formally notifying the Association of a decision to lay off a position, the City will notify the Association two work days (48 hours) in advance of the decision, in an effort to provide an opportunity for the Association to provide feedback, suggestions and/or to ask questions regarding the impending decision. 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. [5] TMEA MOU 2012-13 Article 7. Binding on Successors This Memorandum shall be binding on the successors and assigns of the parties hereto and no provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by the consolidation, merger, transfer or assignment of either party hereto. Article S. 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 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. [6j TMEA MOU 2012-13 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. 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay" —a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 17. Certification Pay [71 TMEA MOU 2012-13 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). 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 a one-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 1CC*/ICBO* * —Licensed Plans Examiner ICC*/ICBO** — Building Inspection Certification CA DHS*** —Grade D2 CA DHS*** —Grade D1 CA DHS*** —Grade D2 CA DHS*** — Grade D2 CA DHS*** —Grade D1 & T1 CA DHS*** —Grade D2 & T2 *ICC— International Code Council **1CBO — International Conference of Building Officials ***CA DHS — California Department of Health Services B. Water Division Certification Pay 181 TMEA MOU 2012-13 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 LEVEL4 D2 D3 D4 T1 & above Water Distribution Leadworker n/a $50 $75 $100 Water Distribution Operator 1 $50 n/a n/a n/a Water Distribution Operator II n/a $50 $75 $100 Water Equipment Operator n/a $50 $75 $100 LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5 T2 D2 T3 D3 D4 Water Treatment Operator 1 $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 1/11, Water Equipment Operator, or Water Treatment Operator 1/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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of backflow certification pay shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay, water certification premium" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. 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 ET TMEA MOU 2012-13 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CaIPERS as Special Compensation. The parties agree that shift differential is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. 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. Call Back Pay begins when an employee returns to work and does not include travel time. Call Back Pay does not apply to regular or pre -scheduled work. 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CalPERS as Special Compensation. The parties agree that acting pay ("Temporary Upgrade Pay") is described in Title 2 CCR, Section 571(a)(3) as a "premium pay" — a type of reportable special compensation. However, it is ultimately CaIPERS who determines whether any form of pay is reportable special compensation. 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of educational incentive pay shall be reported to CalPERS as Special Compensation. The parties agree that Educational Incentive pay is described in [10] TMEA MDU 2012-13 Title 2 CCR, Section 571(a)(2) as an "educational pay" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. 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) ($112 for calendar year 2012 and $115 for calendar year 2013) 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 $1000 Designated part-time regular employees shall be eligible for the Flexible Benefits contribution on a pro -rata share based upon position allocation (i.e., a % time employee shall receive a 50% contribution; a % time employee shall receive a 75% contribution). C. Employees who do not take medical insurance through the program offered by the City shall receive $350 per month as the Flexible Benefits Opt -Out contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. If the employee also opts out of the City's dental insurance, the employee must also provide evidence, satisfactory to the City, that he/she has dental insurance coverage comparable to coverage available through the City program. Designated part-time regular employees shall be eligible for the Flexible Benefits Opt -Out contribution on a pro -rata share based upon position allocation (i.e., a % time employee shall receive a 50% contribution; a % time employee shall receive a 75% contribution). D. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City -sponsored programs, including required payment towards employee medical insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). Employees may allocate the remaining amount among the following City -sponsored programs: 1. Medical insurance 2. Dental insurance 3. Additional life insurance 4. Vision insurance 5. Deferred compensation 6. Section 125 Flexible Spending Account programs (medical and/or dependent care reimbursement programs) [11] TMEA MOU 2012-13 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 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, 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. D. Designated part-time regular employees shall be eligible for participation in CaIPERS in the same manner as regular full-time employees. [121 TMEA MOU 2012-13 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 ('/) 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 a short-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 a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first required to use 80 consecutive hours of his/her accrued leave during the 30 day period beginning with the first day of the leave. In the event no leave time is available, the employee shall be on leave without pay for 80 consecutive hours. E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base salary. This City payment is taxable income. The employee may supplement this City payment with accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability earnings. F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently with FMLA/CFRA leave. G. For a new employee who has worked for the City for less than 12 consecutive months, and is therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the same Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a period not to exceed 90 days. Should an employee receive 90 days of City -paid Flexible Benefits within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City for his/her previous contribution. [131 TMEA MOU 2012-13 H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs first), no paid leave shall accrue to the employee. I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of 60% of pre -disability base salary. The employee may supplement the STD/LTD carrier's payment with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability earnings. J. The employee is responsible for all benefit elections and payments during his/her leave unless he/she is eligible to opt out of such elections and chooses to do so. In the event the employee chooses to continue his/her benefit elections, the employee is required to make timely payment to 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 % time employee shall receive a 75% allocation). Employees will be eligible for reimbursement of eligible expenses by the City for professional and technical courses subject to the following conditions: 1. Department head and Director of Human Resources approval must be obtained before enrollment in the course. 2. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon completion of the course with a satisfactory grade and after completion of the initial probationary period. 3. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. 4. Reimbursement for up to one thousand dollars ($1,000) each calendar year if the employee is attending a community college, one thousand five hundred dollars ($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). [14] TMEA MOU 2012-13 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 ($112 for calendar year 2012 and $115 for calendar year 2013). 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 CalPERS, and enrolls in a CalPERS 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 CalPERS medical insurance pian 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 CalPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. CHAPTER 4 — LEAVES OF ABSENCE Article 29. General Leave A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year, prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a pay period, his/her General Leave will be earned on a prorated basis for the pay period. Periods of Service General Leave Maximum Accrual Hours Per Year 0-5 years 160 hours 320 hours 6-10 years 208 hours 416 hours Over 10 years 248 hours 496 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 times the employee's annual entitlement. Upon reaching the maximum, accrual will cease until leave is used to reduce [15] TMEA MOU 2012-13 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 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. General Leave Cash Out will be granted once per fiscal year per employee. E. Effective with the pay period that ends on Friday, June 29, 2012, all accrued General Leave one hundred twenty (120) hours below the new maximum (i.e. hours over 200, 296, or 376) will be transferred to an Excess General Leave Bank (EGLB). Mandatory cash out of forty hours of Excess General Leave will be paid to employees with the second paycheck in July starting in 2012. Mandatory cash out of the Excess General Leave Bank will continue each year until the Excess General Leave Bank is exhausted. Should the Excess General Leave Bank contain less than forty hours at the time of the mandatory cash out, the remaining balance will be cashed out. Should employees with an Excess General Leave Bank wish to cash out General Leave pursuant to Article 29.1), the hours to be cashed out must first be taken from the Excess General Leave Bank. F. Employees may also use hours in the Excess General Leave Bank for General Leave purposes. 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 %z) 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. 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 [16] New Year's Day Presidents' Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day following Thanksgiving Day December 24 December 25 December 31 Thanksgiving Day Day after Thanksgiving Day Christmas Eve Christmas Day New Year's Eve TMEA MOU 2012-13 When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. If a holiday falls on a day that is also a bargaining unit member's regular day off, the employee will accrue nine (9) hours to his/her General Leave bank for the holiday. if a holiday falls on an employee's regularly scheduled working Friday, the employee will receive eight (8) hours of holiday pay and accrue one (1) hour to his/her General Leave bank. Designated part-time regular employees shall be eligible for holidays on a pro -rata share based upon position allocation (i.e. a % time employee shall receive a 50% allocation; a 3% time employee shall receive a 75% allocation). Article 32. 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). CHAPTER 5 —WORKING CONDITIONS Article 33. Workweek & Work Schedules A. The workweek for all members of the unit shall be 168 regularly recurring hours. For employees working a schedule other than the 9/80 work schedule, the workweek shall begin on Sunday at 12:00 a.m. and end at 11:59 p.m. the following Saturday. For employees working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four (4) hours after the start time of his/her eight (8) hour shift on the day of the week that corresponds with the employee's alternating regular day off. B. Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. C. The City will provide 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 [17] TMEA MOU 2012-13 not intended, nor shall it be allowed, to enable an overtime liability to the City pursuant to the MOU or the FLSA. Article 34. 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 35. One -Half Hour Lunch: Field Services & Water Services Employees The City has agreed to Field Services and Water Services employees taking a one-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 36. 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 Field and Water Services division employee, ten sets of pants/shirts for Custodians and water Meter Readers, and two shirts for the Transportation Coordinator required to wear a uniform and the City will pay the cost of renting and cleaning the standard -issue 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. Field and Water Service division 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 a pro -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. [18] TMEA MOU 2012-13 F. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of the rental and maintenance of the required uniforms shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special compensation. However, it is ultimately CaIPERS who determines whether any form of pay is reportable special compensation. Article 37. 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 1/II, Water Equipment Operator, and Water Treatment Operator 1/11. 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. CHAPTER 6 — EMPLOYER EMPLOYEE RELATIONS Article 38. 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 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. (19] TMEA MOU 2012-13 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). 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. [20) TMEA MOU 2012-13 2. All hearings involving disciplinary action against an employee shall be closed to the public unless the affected employee requests that the hearing be open to the public. 3. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence. 4. Each party shall have these rights: to be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify on her/his own behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of the reporter will be split between the City and TM EA. 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. [21] TMEA MOU 2012-13 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. The hearing officer's findings, conclusion and recommendations shall be filed with the Director of Human Resources, who will forward them to the City Manager. The City Manager, in his/her sole discretion, may hear limited oral arguments and/or request written statements from either party on the hearing officer's findings, conclusions, and recommendations. The City Manager shall inform the appellant of his/her decision regarding the appeal within ten (10) days of the conclusion of the hearing or if the appeal is heard by a hearing officer other than the City Manager, within ten (10) days of the receipt of the hearing officer's report. However, the City Manager may extend the time to issue his/her decision beyond the ten day period if he/she believes it is necessary. The decision of the City Manager regarding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Manager's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. The City Manager's decision is subject to review by a superior court pursuant to Code of Civil Procedure Section 1094.6. 7. If the City Manager chooses to have the appeal heard by an arbiter, the City shall bear the cost of the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and TMEA. If the employee organization requested that an arbiter be appointed to hear the appeal the organization shall pay the cost of the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and TMEA. If either party orders a transcript for their review, the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court reporter, the party responsible for the cancellation or postponement shall be solely responsible for payment of the fee. The arbiter shall submit his/her bills for services to the party which is obligated to pay them pursuant to this section. 8. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) days prior to the commencement of the hearing; after commencement, subpoenas shall be issued only at the discretion of the hearing officer. 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 39. Grievance Procedure These procedures are established to provide for the resolution of grievances of unit employees. A. Limitations [22) TMEA MOU 2012-13 The procedures set forth in this section shall apply to all grievances involving unit employees. Excluded from this procedure are grievances related to: 1. The amendment or change of City Council resolutions, ordinances or minute orders, which do not involve provisions of a Memorandum of Understanding (MOU), the Personnel Rules, or other agreements between the City and the employee organization. 2. Position classification. B. Definitions 1. Grievance: An expressed claim that there has been a violation, misinterpretation, or misapplication of a provision of the Personnel Rules or Memorandum of Understanding, or a violation or potential violation of state or federal law. 2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a provision of the Personnel Rules, an agreement between the City and the employee organization, the Memorandum of Understanding or violation or potential violation of state or federal law. 3. Grievance Procedure: The process by which the validity of a grievance is determined and resolution effected. 4. Day: Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s)- C. Procedure 1. Step 1 The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. The grievant shall state the facts necessary to an understanding of the issues involved; refrain from including any unrelated charges; cite the sections of the City resolutions, agreement, memorandum of understanding or rules alleged to have been violated and the remedy sought. The grievant shall submit the grievance form to his/her immediate supervisor, provided that if the employee suspects or has proof that a federal or state law is being violated or is about to be 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 [23] TMEA MOU 2012-13 head. After receipt of the grievance, the department head will meet with the grievant and make such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the department head shall inform the grievant of his/her decision. 3. Step 3 If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization grievances, the grievant may submit the grievance to the City Manager. Employee grievances are to be submitted within ten (10) days of receipt of the department head's decision. Such submittal shall include the original of the grievance form and a written statement of any issues that are in dispute. The City Manager has the sole discretion to hear the grievance him/herself or appoint any City management/supervisory employee (except the employee's department head), or an arbiter, to hear the grievance and submit a recommendation as to resolution of the grievance. At the hearing, the grievant has the burden of proof and will present his/her case first. D. General Provisions 1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the person or organization representative suspected as having violated provisions of the Personnel Rules or Memorandum of Understanding. Upon a showing of good cause to the Director of Human Resources, such discussion may be waived between an employee and his/her immediate supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate actions of the supervisor form the basis for the grievance and the employee has reasonable cause to believe that the supervisor would not be objective. 2. An employee may obtain a grievance form from his/her supervisor or the Human Resources department. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files. 3. No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. 4. Failure by management at any step of this procedure to communicate their decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step. 5. A grievant shall be entitled to be present at all steps of the procedure. 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 [24] TMEA MOU 2012-13 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 40. Performance Evaluations An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. An employee may appeal his/her performance evaluation to his/her department head (or another department head if the employee's department head prepared the evaluation). Article 41. 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 42. 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 (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. [251 TMEA MOU 2012-13 C. In the event of such activities, the Association shall immediately instruct any person engaging in such conduct that they are violating the Agreement and that they are engaging in unauthorized conduct and should resume full and faithful performance of theirjob duties. Article 43. Agency Shop A. Legislative Authority The parties mutually understand and agree that as a result of State of California adoption of SB 739, all full-time and part-time regular employees represented by the Tustin Municipal Employees Association have the right to join or not join the Association. However, the enactment of a local "agency shop" requires that as a condition of continuing employment, employees in the respective bargaining unit must either join the Association or pay to the Association a service fee in lieu thereof. Such service fee shall be established by the Association, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Association. B. Association Dues/Service Fees 1. The Human Resources Department shall provide current full-time and part-time regular employees, and any full-time and part-time regular employees hired thereafter, in the General Employees Representation Unit with an authorization notice advising them that Agency Shop for the Association has been enacted pursuant to state law and an agreement exists with the Association, and that all employees subject to the Agreement must either join the Association, pay a service fee to the Association, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee's signature authorizing a payroll deduction of Association dues, a service fee or a charitable contribution equal to the service fee if they qualify as defined below. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to the Human Resources Department. 2. If the form is not completed properly or returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Association dues, service fee, or charitable contribution shall begin no later than the beginning of the first pay period commencing 14 calendar days after receipt of the authorization form by the employee. 3. The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made. In the case of an employee in a non -pay status during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving 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 [261 TMEA MOU 2012-13 1. Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall upon presentation of active membership in such religion, body, or sect, not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees or Agency Shop fees, to pay sums equal to the dues, initiation fees or Agency Shop fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following charities: United Way, Tustin Community Foundation, or Community Health Charities. Proof of the payments shall be made on an annual basis to the City as a condition of continued exemption from the requirement of financial support to the Association. 2. Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Association within 14 calendar days of receipt by the City. The Association shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be made by regular payroll deductions only. D. Rescission The Agency Shop provision in this Memorandum of Understanding may be rescinded by a majority vote of all the employees in the unit covered by the Agreement, provided that: 1. A request for such a vote is supported by a petition containing the signatures at least 30 percent of the employees in the unit. 2. The vote is by secret ballot. 3. The vote may be taken at any time during the term of the represented unit's memorandum of understanding, but in no event shall there be more than one rescission vote taken during that term. Notwithstanding the above, the City and the Association may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. 4. If a "rescission vote" is approved by unit members during the term of a current memorandum of understanding, the Association agrees not to petition for or seek agency shop status for the duration of the current of the memorandum of understanding. 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. [27] TMEA MOU 2412-13 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 44. Management Rights The City has the exclusive right to establish Personnel Rules and department regulations, including subsequent amendments and revisions. In addition, except as otherwise specified in this MOU, the City has the exclusive right to: 1. Contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities; 2. Suspend provisions of this Agreement in the event of, and for the duration of, an emergency as determined by the City Council, and/or by County, State or Federal action upon notification to the Association regarding the nature and expected duration of the emergency; 3. Determine staffing and direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay off or discharge any employee; 4. Take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest; 5. Modify the performance evaluation form; and 6. Modify and update class specifications. Article 45. 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. 1281 TMEA MOU 2012-13 3. Seniority — length of continuous paid service with the City from date of hire into any bargaining unit position. For purposes of this section, time served on a military leave of absence and a leave of absence due to a workers' compensation injury shall be considered City service. An employee shall continue to accrue seniority during any unpaid leave of absence of 30 days or less taken for any purpose; however, seniority will cease to accrue after 30 days of unpaid leave. C. Designation of Positions for Layoff When it becomes necessary to reduce the work force, the City Manager shall designate the position(s) or classification(s), and division(s), department(s), or other organizational unit(s) in which positions are to be eliminated. Contract, provisional, and temporary employees in the same classification as the positions proposed for elimination within the affected organizational unit shall be laid off first. Probationary promotional employees who are laid off shall be returned to the position held prior to their promotion. D. Order of Layoff 1. The names of all original probationary employees occupying positions in the affected class shall be listed in alphabetical order. The City Manager or his/her designee shall select from this list one employee, regardless of his/her place on the list, to be laid off for each position to be abolished. 2. If the positions to be abolished exceed the number of employees available for layoff after layoff of original probationary employees as described above, a "Subject to Layoff List" shall be prepared. The list shall be composed of all regular and promotional probationary employees in the class from which a position is to be abolished. Names of the employees shall be listed in reverse order of their lengths of City service; i.e., those having the least seniority will be listed first. 3. In selecting employees to be laid off, those employees at the top of the list shall be laid off first. When employees have equal seniority, the City Manager will select the employee to be laid off with consideration given to the employee's past performance and in consultation with the concerned department head. 4. The names of laid off employees shall be listed on a re-employment list in the reverse order of their dates of layoff. 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. Administrative Specialist, Senior Administrative Specialist [29] TMEA MOU 2012-13 3. Assistant Engineer, Associate Engineer 4. Planning Technician, Assistant Planner, Associate Planner 5. Building Inspector, Senior Building Inspector 6. Maintenance Worker, Senior Maintenance Worker, Equipment Operator, Maintenance Leadworker 7, Office Assistant, Office Support Specialist, Administrative Secretary 8. Recreation Facilities Assistant, Recreation Facilities Leadworker 9. Water Distribution Operator I, Water Distribution Operator II, Water Equipment Operator, Water Distribution Leadworker 10. Water Treatment Operator I, Water Treatment Operator II An employee who has been involuntarily transferred to a class from which a layoff is to be made shall have automatic bumping rights to his/her previous classification for up to one (1) year from the effective date of the transfer. F. Severance Assistance 1. Severance Pay Severance pay of one (1) week per year of service, up to a maximum of four (4) weeks of pay, will be provided to an employee who is laid off and not offered employment through an agreement between a contractor and the City. This provision only applies to employees who actually lose employment with the City, not employees who are placed in another position as a result of bumping rights. 2. Flexible Benefits Contributions An employee who is laid off shall have his/her Flexible Benefits contribution continued for an additional two (2) months following the month in which the employee was laid off if he/she is not covered by another medical plan at the time. 3. Letters of Recommendation Letters of recommendation will be provided for an employee whose performance was satisfactory as of the date of his/her layoff. 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: [30] TMEA MOU 2012-13 1. The expiration of eighteen (18) months from the date of placement on the list. 2. Re-employment in any permanent full-time position, regardless of department or classification level. 3. Failure to respond within twenty-one (21) calendar days of mailing of a letter sent via Certified Mail regarding availability of employment. 4. Failure to report to work within fourteen (14) calendar days of mailing of a registered letter containing a notice of re-employment, absent mitigating circumstances. 5. An individual requests in writing that his/her name be removed from the list. H. Re -Employment Vacancies to be filled within a department shall be offered first to individuals on the re-employment list who held a position in the same classification as the vacancy to be filled. A regular employee who has been laid off and is re-employed in a permanent position within eighteen (18) months from the effective date of his/her layoff shall be entitled to: 1. Buy back and restoration of all General Leave credited to the employee's account on the effective date of layoff at the same rate as it was paid off. This restoration must be requested in writing within 30 days of returning to work and must be fully paid back within six (6) months of the return to work. 2. Restoration of seniority accrued prior to layoff and during layoff. 3. The same General Leave accrual rate that was in effect prior to layoff. 4. Placement in the salary range at the same step held prior to layoff if the employee is reinstated to the same job classification from which he/she was laid off. 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. 1. 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 (311 TMEA MOU 2012-13 In the event a reduction in force is necessary, a part-time employee may not displace a full-time employee. However, a full-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 3`d day of July 2012. FOR THE CITY OF TUSTIN Jeffrey Parker, City Manager Kristi Recchia, Director of Human Resources Peter Brown, Liebert Cassidy Whitmore [32] FOR THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Frank Apuron, President Katy Lee, Vice President Kunal Mittal, Secretary Tami Berardi, Treasurer Robin Vaughn, General Member Mario Medina, Board Member Eric Johnson, Board Member Leo Stiles, Board Member TMEA MOU 2012-13 APPENDIX A - MONTHLY SALARY RANGES Effective July 1, 2012 Classification A B C D E Accountant 4676.19 4915.63 5167.34 5431.39 5710.08 Accounting Specialist 3304.93 3474.16 3652.05 3839.06 4035.65 Administrative Secretary 3858.28 4055.85 4263.53 4481.85 4711.35 Administrative Specialist 4179.21 4393.21 4618.17 4854.64 5103.23 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 Assistant 2788.84 2931.65 3081.76 3239.57 3405.45 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 Planning Technician 4066.25 4274.46 4493.34 4723.42 4965.29 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 Administrative Specialist 4954.64 5103.23 5364.54 5639.24 5928.00 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 1 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 [33] TMEA MOU 2012-13 ,Classification C ,4 -',: E Water Meter Reader 3897.01 4096.56 4306.33 4526.84 4758.63 Water Treatment Operator 1 4426.25 4652.89 4891.14 5141.60 5404.87 Water Treatment Operator 11 4758.63 5002.30 5258.45 5527.71 5810.76 1341 RESOLUTION NO. 12-63 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, 2012 through June 30, 2013, 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, 2012, 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, 2012, 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 3rd day of July 2012. Resolution 12-63 Page 1 of 2 JOHN NIELSEN 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. 12-63 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of July 2412, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Resolution 12-63 Page 2 of 2 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE SUPPORT SERVICES ASSOCIATION TERM: July 1, 2012 — June 30, 2013 TPSSA MOU 2012-13 TABLE OF CONTENTS CHAPTER 1— GENERAL PROVISIONS.............................................................................................................3 Article1. Recognition................................................................................................................................ 3 Article 2. Represented Classes..................................................................................................................3 Article3. Entire Agreement.......................................................................................................................4 Article4. Reopener...................................................................................................................................4 Article5. Severability................................................................................................................................4 Article 6. Binding on Successors................................................................................................................4 Article7. Notices.......................................................................................................................................4 Article8. Payroll Deductions.....................................................................................................................5 CHAPTER 2 — COMPENSATION.............................................................................................................. Article9. Salary.................................................................................................... Article 10. Overtime Compensation..........................................................................................................5 Article11. Uniforms..................................................................................................................................6 Article 12. Bilingual Compensation...........................................................................................................6 Article13. Standby Duty...........................................................................................................................6 Article14. Call Back Duty..........................................................................................................................7 Article 15. Shift Differential Pay................................................................................................................7 Article 16, Acting Pay ...................................... Article17. Training Pay.............................................................................................................................8 CHAPTER3 — BENEFITS..................................................................................................................................8 Article18. Flexible Benefits Plan...............................................................................................................8 Article19. Retirement...............................................................................................................................9 Article 20. Employee Life Insurance........................................................................................................10 Article 21. Short -Term / Long -Term Disability Insurance........................................................................10 Article 22. Tuition Reimbursement.........................................................................................................11 Article 23. Retiree Medical Insurance..................................................................................... ............... .12 CHAPTER 4 — LEAVES OF ABSENCE..............................................................................................................12 Article24. General Leave........................................................................................................................12 Article 25. Compensatory Time Off.........................................................................................................13 Article26. Holidays.................................................................................................................................14 Article27. Bereavement Leave...............................................................................................................15 TPSSA MOU 2012-13 CHAPTER 5 —WORKING CONDITIONS.........................................................................................................15 Article28. Work Schedules.....................................................................................................................15 Article29. Shift Trading...........................................................................................................................16 Article30. Attendance............................................................................................................................16 Article31. Rest Periods...........................................................................................................................17 Article32. Lunch Break...........................................................................................................................17 Article33. Paid Lunch..............................................................................................................................18 CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................18 Article34. Employee Rights....................................................................................................................18 Article 35. Appeals and Hearings............................................................................................................19 Article 36. Grievance Procedure.............................................................................................................22 Article 37. Performance Evaluations.......................................................................................................24 Article 38. Membership Meetings..........................................................................................................24 Article39. No Strike / Job Action............................................................................................................25 Article40. Agency Shop .............................. ............................................................................................25 Article 41. Management Rights...............................................................................................................27 Article42. Layoffs....................................................................................................................................27 APPENDIX A— MONTHLY SALARY RANGES.................................................................................................29 APPENDIX B — POLICE SERVICES OFFICER CAREER OFFICER PROGRAM .....................................................30 TPSSA MOU 2012-13 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 (3/12.5) Police Communications Officer 1/11 (3/12.5) Police Fleet Coordinator Police Records Lead (4/10) Police Records Lead (3/12.5) [3j TPSSA MOU 2012-13 Police Records Specialist (4/10) Police Records Specialist (3/12.5) Police Services Officer 1/II/III (4/10) Police Services Officer 1/11/111 (3/12.5) 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 A. Either side may request to meet and confer over changes to this MOU which may occur prior to January 1, 2013 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2013 or later. B. Prior to formally notifying the Association of a decision to lay off a position, the City will notify the Association two work days (48 hours) in advance of the decision, in an effort to provide an opportunity for the Association to provide feedback, suggestions and/or to ask questions regarding the impending decision. 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. f4] TPSSA MOU 2012-13 Article S. 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. 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 (FLSA) work week for each employee. [51 TPSSA MOU 2012-13 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. Article 11. Uniforms The City will provide a uniform maintenance allowance of two -hundred and fifty dollars ($250) annually ($9.51 paid biweekly) for those full-time employees required by the City to wear uniforms. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the compensation paid for the purchase, rental and/or maintenance of required uniforms shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay" —a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 13. Standby Duty A. Employees may be required to be on Standby Duty 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 Duty. 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. 2 TPSSA MOU 2012-13 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 (8:00 a.m. —12:00 p.m.) appearances and two (2) hours of straight time for afternoon (12:00 p.m. — S:00 p.m.) 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, voicemail, or email) 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. E. Employees cannot receive Standby Pay for any time period for which they are being paid to work. 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. Call Back Pay begins when an employee returns to work and does not include travel time. Call Back Pay does not apply to regular or pre -scheduled work. 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay" — a type of reportable special compensation. However, it is ultimately CaIPERS who determines whether any form of pay is reportable special compensation. 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. [7l TPSSA MOU 2012-13 In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CaIPERS as Special Compensation. The parties agree that acting pay ("Temporary Upgrade Pay") is described in Title 2 CCR, Section 571(a)(3) as a "premium pay" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 17. Training Pay A. A full-time Communications Officer I, Police Services Officer 1/II/III, 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 II 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. E. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of training pay shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay" — a type of reportable special compensation. However, it is ultimately CaIPERS who determines whether any form of pay is reportable special 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) ($112 per month for calendar year 2012 and $115 for calendar year 2013) 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 [8I TPSSA MOU 2012-13 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. 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 CAPERS 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: 0 TPSSA MOU 2012-13 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 CalPERS 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 P 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 / Long -Term Disability Insurance A. The City shall maintain a short-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 a non -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. [10] TPSSA MOU 2012-13 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. 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 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. TPSSA MOU 2012-13 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 a job-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 CaIPERS retiree medical insurance premiums. This amount includes the minimum contribution towards retiree medical insurance required under the PEMHCA program ($112 per month for calendar year 2012 and $115 for calendar year 2013). 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 CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS 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 CalPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS 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 CalPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. Article 24. General Leave CHAPTER 4 — LEAVES OF ABSENCE (12] TPSSA MOU 2012-13 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 320 hours 6-10 years 208 hours 416 hours Over 10 years 248 hours 496 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 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. General Leave cash out will be granted once per fiscal year per employee upon employee request. E. Effective with the pay period that ends on Sunday, July 1, 2012, all accrued General Leave one hundred twenty (120) hours below the new maximum (i.e. hours over 200, 296, or 376) will be transferred to an Excess General Leave Bank (EGLB). A mandatory cash out of forty hours of Excess General Leave will be paid to employees with the second paycheck in July starting in 2012. Mandatory cash out of the Excess General Leave Bank will continue each year until the Excess General Leave Bank is exhausted. Should the Excess General Leave Bank contain less than forty hours at the time of the mandatory cash out, the remaining balance will be cashed out. Should employees with an Excess General Leave Bank wish to cash out General Leave pursuant to Article 24.1), the hours to be cashed out must first be taken from the Excess General Leave Bank. F. Employees may also use hours in the Excess General Leave Bank for General Leave purposes. 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. [13] TPSSA MOU 2012-13 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 [14] TPSSA MOU 2012-13 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 unpaid leave immediately before and/or immediately after a holiday 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). E. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of holiday pay for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays shall be reported to CaIPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) as a "statutory pay" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. 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 5 —WORKING CONDITIONS Article 28. Work Schedules A. The FLSA workweek for all members of the unit shall be 168 regularly recurring hours. B. Employees maybe 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. [15] TPSSA MOU 2012-13 C. 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). 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 CalPERS 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. I 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 [161 TPSSA MOU 2012-13 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 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 a non -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. [17] TPSSA MOU 2012-13 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 1/II, Police Records Specialist or Police Services Officer 1/II/III (only those uniformed individuals regularly scheduled to the Records Section or patrol field are eligible) or in a Police Communications Lead or Police Records Lead classification, 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. [18] TPSSA MOU 2012-13 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. 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 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. [19] TPSSA MOU 2012-13 5. Calendar Days Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s). 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 [20] TPSSA MOU 2012-13 officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence. 4. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her, If the respondent does not testify on her/his own behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of the reporter will be split between the City and 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 [21] TPSSA MOU 2012-13 receipt of the hearing officer's report. However, the City Manager may extend the time to issue his/her decision beyond the ten day period if he/she believes it is necessary. The decision of the City Manager regarding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Manager's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. The City Manager's decision is subject to review by a superior court pursuant to Code of Civil Procedure Section 1094.6. 7. If the 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. [22] TPSSA MOU 2012-13 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 I. 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 [23] TPSSA MOU 2012-13 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 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) [ 241 TPSSA MOU 2012-13 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. Article 39. No Strike / Job Action A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves and the employees in the bargaining unit that they will not cause or condone any strike, walkout, work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and responsibilities, withholding of services or other interference with City operations, including compliance with the request of other employees and/or labor organizations to engage in any or all of the preceding activities. B. Any employee who participates in any of the conduct prohibited above may be subject to discipline up to and including termination. C. In the event of such activities, the Association shall immediately instruct any person engaging in such conduct that they are violating the Agreement and that they are engaging in unauthorized conduct and should resume full and faithful performance of theirjob duties. D. The City agrees it will not lockout 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 [25] TPSSA MOU 2012-13 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, 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)]. 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: I. 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 [261 TPSSA MOU 2012-13 mutual agreement provide for, an alternative procedure or procedures regarding a vote on an Agency Shop agreement [Section 3502.5(d)]. 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 for just 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 [271 TPSSA MOU 2012-13 The layoff provisions described in the Personnel Rules currently in effect are hereby incorporated into this MOU by reference. IN WITNESS WHEREOF, the parties hereto have executed this document this 31d day of July 2012. FOR THE CITY OF TUSTIN Jeffrey Parker, City Manager Kristi Recchia, Director of Human Resources Peter Brown, Liebert Cassidy Whitmore [2$1 FOR THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION Amanda Shanahan, President Regina Sanbrano, Vice President Adriana Tokar, Treasurer Marcella Sanbrano, Negotiations Team Member Danielle Becker, Negotiations Team Member TP55A MOU 2012-13 APPENDIX A - MONTHLY SALARY RANGES Effective February 27, 2012 - Classification A B^:. C D It 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 605850 Police Communications Officer 1 (3/12.5) 4228.78 4445.31 4672.93 4912.21 5163.75 Police Communications Officer 11 (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 1 (4/10) 4045.74 4252.90 4470.67 4699.60 4940.24 Police Services Officer 1 (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 1 4538.15 4770.53 5014.81 [291 TPSSA MOU 2012-13 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. [301 RESOLUTION NO. 12-64 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 OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City Council of the City of Tustin, California (the "City") has authorized and directed, under the provisions of the City's Personnel Rules, Resolution No. 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, 2012 through June 30, 2013, as more particularly set forth in the attached Memorandum of Understanding: NOW, THEREFORE, BE IT RESOLVED: The Memorandum of Understanding between the City and TPOA, effective July 1, 2012, 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. Il. This Resolution shall become effective on July 1, 2012, 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 3rd day of July 2012. Resolution 12-64 Page 1 of 2 JOHN NIELSEN Mayor ATTEST.- PAMELA TTEST: PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN l 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. 12-64 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of July 2012, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Resolution 12-64 Page 2 of 2 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE OFFICERS ASSOCIATION POLICE OFFICER REPRESENTATION UNIT TERM: July 1, 2012 —June 30, 2013 TABLE OF CONTENTS CHAPTER 1—GENERAL PROVISIONS ............................................................................................................. 3 Article1.Recognition ................................................................................................................................ 8 ArticleZEntire Agreement ....................................................................................................................... 3 Article3.Rmnpener......................................................... ,-----------------.------..4 Article4.Severability ........................................................................ ....................... ........... ................... 4 ArticleS.Binding onSuccessors ................................................................................................................ 4 Article6Notices ....................................................................................................................................... 4 Article7.Payroll Deductions ......................................... ........................................................................... 4 CHAPTER 2—COMPENSATION ... ............................................ —.................................................................. S Article8.Salary ......................................................................................................................................... S Article 8.Overtime Compensation ............................................................................................................ S Article 1O.Uniform Allowance .................................................................................................................. S Article11.Bilingual Pay ............................................................................................................................. S Article 12.Educational Incentive Pay ........................................................................................................ 6 Article 13.Career Officer Program ............................................................................................. .............. 6 Article14.Standby Duty ........................................................................................................................... 7 Article15.Call-Back Duty .......................................................................................................................... 8 Article1GCourt Pay .................................................................................................................................. 8 Article 17.Special Assignments ............................................................. ................................................... 8 Article 18Shift Differential Pay ................................................................................................................ g CHAPTER3—BENEFITS .................................................................................................................................. 9 Article 19.Flexible Benefits Plan ............................................................................................................... 9 Article3D.Retirement ............................................................................................................................. 1O Article 21.Deferred Compensation ........................................................................................................ 12 Article 22.Employee Life Insurance .............................. ......................................................................... 12 Article 2lLong-Term Disability /DlD\Plan ............................................................................................. 12 Article 24.Tuition Reimbursement ----------------------------------.13 Article 25.Retiree Medical Insurance ..................................................................................................... 1] CHAPTER 4—LEAVES OFABSENCE ............. ----------...... ... .... ............................................ .... 14 ArticleJ6.General Leave ........................................................................................ —............................ 14 TPOA MOU 2012-13 Article 27, Compensatory Time Off.........................................................................................................15 Article28. Holidays.................................................................................................................................16 Article 29. Bereavement Leave...............................................................................................................17 Article30. Military Leave........................................................................................................................17 CHAPTER 5 —WORKING CONDITIONS.........................................................................................................17 Article31. Attendance............................................................................................................................17 Article 32. Work Schedules.......................................................................................18 Article33. Shift Trades............................................................................................................................19 Article 34. Rest Periods and Lunch Breaks..............................................................................................19 CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................20 Article35. Employee Rights....................................................................................................................20 Article 36. Third Party Advisory Process for Disciplinary Appeals..........................................................21 Article 37. Rules of Evidence and Procedure for Employees Removed from Special Assignments ........ 24 Article 38. Performance Evaluations.......................................................................................................25 Article 39. No Strike / Job Action............................................................................................................25 Article40. Management Rights...............................................................................................................25 Article41. Layoffs....................................................................................................................................26 APPENDIX A — MONTHLY SALARY RANGES ....................................................... ...........27 ............................... TPOA MOU 2012-13 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq. and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin, City representatives have met and conferred in good faith with the Tustin Police Officers Association (hereinafter sometimes referred to as TPOA or Association) pertaining to the wages, hours, benefits and conditions of employment for employees in the Police Officer Representation Unit; and WHEREAS, the meeting between the Association and City representatives has resulted in an agreement and understanding to recommend that the employees represented by the Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions the changes and additions to the wages, hours and conditions of employment for the unit employees as set forth herein. WITNESSETH NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement the provisions of this Memorandum of Understanding (MOU) and modify the City's Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages, hours and conditions of employment be adopted and set forth as follows: CHAPTER 1— GENERAL PROVISIONS Article 1. Recognition A. The City has previously recognized the Tustin Police Officers Association as the majority representative of employees in the Police Officer Representation Unit for purposes of representation on issues of wages, hours and other terms and conditions of employment. As majority representative, the Association is empowered to act on behalf of all employees who hold positions in classes in the Police Officer Representation Unit whether or not they are individually members of the Tustin Police Officers Association. B. The classifications constituting the Police Officer Representation Unit are Police Officer and Police Recruit. Article 2. Entire Agreement 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 2012-13 Article 3. Reopener Either side may request to meet and confer over changes to this MOU which may occur prior to January 1, 2013 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2013 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 2012-13 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%) 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) for the purchase, rental and/or maintenance of the required uniforms. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. 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. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Bilingual Premium. 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 2012-13 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 areas follows: Degree in Related Field Amount Associate's $175/month ($80.77/pay period) Bachelor's $325/month ($150.00/pay period) Master's $375/month ($173.07/pay period) The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) as Educational Incentive. E. Employees currently receiving Educational Incentive Pay for an equivalent to an Associate's degree shall be grandfathered and shall continue to receive whatever compensation is provided to employees with an Associate's degree. Such employees must have 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. A pass/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 a job- related degree may be given credit for non -job related courses which are required to obtain the degree, but they shall not exceed 50% of the total credits until the related degree is received. A reasonable interpretation of the related nature of the degree fields shall be made by the Director of Human Resources. F. For purposes of contract negotiations, the Educational Incentive Pay provided for a bachelor's degree shall be used for future compensation comparisons. Article 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 1 2.5% Five (5) consecutive years of employment with the Tustin [6] TPOA MOU 2012-13 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. The parties agree that this is special compensation for "educational incentive pay" within the meaning of, and shall be reported, to the extent legally permissible, as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive. 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. [7) 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) a POST Basic Certificate • 30 college semester credits (transcripts required) • "Competent" or better annual performance evaluations for the previous three (3) consecutive years a Has accepted additional duties as assigned Senior Officer II 4.5% • Seven (7) consecutive years of employment with the Tustin Police Department as a full-time sworn Police Officer (a lateral entry Police Officer may use 50% of his/her prior paid full-time sworn Police Officer service toward this requirement) 0 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 63% • Ten (10) consecutive years of employment with the Tustin Police Department as a full-time sworn Police Officer a lateral entry Police Officer may use 50% of his/her prior paid full-time sworn Police Officer service toward this requirement) • POST Advanced Certificate • 90 college semester credits • "Competent" or better annual performance evaluations for the previous five (5) consecutive years • Has performed as a Senior Officer II for one (1) year + Has accepted additional duties as assigned 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. The parties agree that this is special compensation for "educational incentive pay" within the meaning of, and shall be reported, to the extent legally permissible, as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive. 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. [7) TPOA MOU 2012-13 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 (either via phone call or voicemail) 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 or voicemail) 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 (8:00 a.m. — 12:00 p.m.) and/or a minimum of two (2) hours of such compensation for court appearances scheduled in the afternoon (12:00 p.m. — 5:00 p.m.). B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for the same time period. Article 17. Special Assignments A. The Police Chief has sole discretion to determine who shall receive a special assignment. Employees assigned to the following special assignments (or successor titles) listed below shall receive, in addition to their regular compensation, premium pay in the amount of two and one-half percent (2.590 of base salary for performing in such special assignments; provided, however, that at no time may an employee receive more than one (1) special assignment pay premium. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4). 1. Commercial Enforcement Officer (Police Investigator Detail) 2. Community Impact Officer (Police Liaison Premium) 3. Field Training Officer (Training Premium) 4. Gang Unit Officer (Gang Detail Assignment Premium) 5. Investigator— General Investigations (including OCATT) and Special Investigations (including RNSP) (Police Investigator Premium) 6. K-9 Officer (Canine Officer/Animal Premium) 7. Motorcycle Patrol Officer (Motorcycle Patrol Premium) 8. Professional Standards Personnel Officer/Professional Standards Training Officer (Police Administrative Officer) [81 TPOA MOU 2012-13 9. School Resource Officer (Police Liaison Premium) 10. Special Enforcement Detail Officer (Police Investigator Detail) B. The City has the absolute discretion regarding the assignment and reassignment of employees to special assignments. Any such assignment is not vested and may be revoked at any time and any appeal required by Section 3304(b) of the California Government Code shall be governed by Article 37 of this MOU (Rules of Evidence and Procedure for Employees Removed from Special Assignments). C. Each employee performing the assignment of Motor Officer or K-9 Officer will receive one (1) paid day off per month (10 hours) which is considered compensation for hours worked under the FLSA for the time spent (as an officer -dog handler or officer motor -handler) at their residence in caring for the dog/equipment during regular days off and during vacation or sick leave. The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the Officers assigned in the canine special assignment as addressed by Leever V. City of Corson City, 360 F.3d 1014 (9`h Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA. The City and Officers understand and agree that this additional compensation is intended to compensate canine/motor officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their assigned canine or maintaining their assigned motorcycle, in compliance with the FLSA and interpretive cases and rulings. Unless otherwise authorized by a supervisor, employees in these assignments must limit their off-duty hours to a maximum of ten (10) hours per month because they are only being paid for 10 hours per month. 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) or to a shift where all hours worked falls between the hours of 6:00 p.m. — 6:30 a.m. shall receive Shift Differential Pay. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Shift Differential. 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) ($112 per month for calendar year 2012 and $115 per month for calendar year 2013) as well as an additional El TPOA MOU 2012-13 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: 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 [10] TPOA MOU 2012-13 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 CAPERS 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 a pre-tax payroll deduction as follows: Effective Date Employee Share City Payment of Employee Contribution 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% of the employee's wages through a pre-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. D. 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% @ 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 a pre-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 TPOA MOU 2012-13 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. 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. 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 23. Long -Term Disability (LTD) Plan A. The TPOA-provided Long -Term Disability (LTD) Insurance Plan specifically for sworn police personnel in effect as of January 1, 2000 shall continue in full force and effect during the term of this agreement unless changed by the mutual agreement of the City and the Association. B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund. C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during the initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days. In the event a non -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 (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. [12] TPOA MOU 2012-13 E. Eligibility for City benefits provided in parts C and D of this Article is conditioned upon the City's receipt of proof of disability. F. Police Recruits shall participate in the City's Short -Term / Long -Term Disability (STD/LTD) plan under the same terms, conditions and cost as those employees in the general employee bargaining unit (TM EA). Article 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 CAPERS retiree medical insurance premiums. This amount includes the minimum contribution towards retiree medical insurance required under the PEMHCA program ($112 for calendar year 2012 and $115 for calendar year 2013). 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 [13] TPOA MOU 2012-13 CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees, who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS 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 CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees, who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS 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 CalPERS insurance billing. In order to maintain the retiree medical insurance stipend throughout retirement, an employee must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. CHAPTER 4 — LEAVES OF ABSENCE Article 26. General Leave A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year, prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a pay period, his/her General Leave will be earned on a prorated basis for the pay period. Periods of Service 0-5 years 6-10 years Over 10 years General Leave Hours Per Year 160 hours 208 hours 248 hours Maximum Accrual 320 hours 416 hours 496 hours B. Once per fiscal year, each regular and promotional probationary employee may request that he/she be paid for a maximum of forty (40) hours of accrued General Leave. Requests for cash out must be received no later than two weeks prior to the paycheck date when the cash out is requested. The right to cash out 40 hours of accrued General Leave discussed herein is separate and apart from the cash out of hours from the Excess General Leave Bank ("EGLB") discussed below. C. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the maximum. Should an employee request to use General Leave in accordance with department procedures and be denied the use of leave which will result in the employee reaching his/her maximum accrual cap, the Director of Human Resources will be notified to facilitate an agreeable remedy for both parties. [14] TPOA MOU 2012-13 D. Upon separation from the City service the employee will be paid for unused General Leave, at the employee's then current base salary rate. E. Effective on Sunday July 1, 2012, accrued General Leave in excess of that figure that is one hundred twenty hours below the new maximum accrual caps (i.e. hours above 200 for 0-5 years, 296 for 6-10 years, 376 for over 10 years) will be transferred to an "Excess General Leave Bank" ("EGLB"). Hours in the EGLB may be used for General Leave purposes. Effective the second pay check in July 2012 and the second pay check each July thereafter, the City will cash out of forty hours of excess General Leave from each employee's EGLB, until such EGLB is exhausted. Should the EGLB contain less than forty hours at the time of the mandatory cash out, the remaining balance will be cashed out. Should employees with an EGLB wish to cash out General Leave pursuant to Article 26.13, the hours to be cashed out must first be taken from the EGLB. F. 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. G. Advanced General Leave is available under the following provisions: a. A unit member requests a leave of absence for a "serious health condition" as that term is defined under the FMLA/CFRA for him or herself, a child, parent, spouse or registered domestic partner; and b. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave accrued; and c. The employee exhausts his/her General Leave accrual; then d. Upon request of the employee, the City will grant an advance of one -hundred twenty (120) hours of General Leave for use in conjunction with the serious health condition (as defined above). The Advanced General Leave must be repaid to the City once an employee returns to work. Advanced General Leave will be repaid by transferring newly accrued General Leave back to the City until full repayment of the leave has been returned. However, should an employee request and receive Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic leave donation bank to the City prior to providing the employee use of the donated hours. 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 (1X), 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 TPOA MOU 2012-13 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 will be granted 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, forty-five (45) hours in January (January — September Holidays) and fifty-four (54) hours in October (October-- December Holidays) of each year. 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. [16] TPOA MOU 2012-13 In the event an employee is on unpaid status immediately before or after the holiday, 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). E. The parties agree that Holiday Pay is additional compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall, to the extent legally permissible, be reported as special compensation pursuant to Title 2 CCR, Section 571(a)(5). 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. 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. TPOA MOU 2012-13 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 (FLSA). 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: I. The City is divided into two separate patrol areas — North and South. 2. Patrol officers will select patrol area assignments by seniority every other year. 3. Available shifts will be designated by the department by patrol area. Police Officers will select shifts in their respective areas twice a year. Police Officers are limited to twelve (12) consecutive months on any shift assignment (day shift, cover watch, or graveyard). Based on departmental needs, a Police Officer may be allowed to extend beyond the twelve (12) consecutive month rotation. 4. Based on department needs, shift assignments may be reserved for probationary Police Officers during the first twelve (12) months of probation. Shift assignments may be reserved for lateral Police Officers (with patrol experience) for their first shift assignment. For lateral Police Officers (without patrol experience) the department may reserve shift assignments for their first twelve (12) months. The remaining shifts will be selected by patrol area by seniority. 5. Field Training Officers will be given the opportunity to select shifts by seniority. In the event the voluntary "by seniority" shift selection does not provide the necessary coverage, the Chief of Police, or designee, may assign Field Training Officers to shifts that provide [18] TPOA MOU 2012-13 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. 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 [19] TPOA MOU 2012-13 A. All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their work shift. The scheduling of the rest breaks shall be the responsibility of the employee's supervisor. B. Employees receive a paid lunch break because they are required to be working or available to respond immediately to calls for service during their lunch time. CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS Article 35. Employee Rights As the recognized representative of the employees covered by this memorandum of understanding, the City acknowledges and recognizes the following employee rights: 1. TPOA shall have access to and be provided with payroll deduction of dues, fees, and assessments without charge through the City's regular payroll system. 2. TPOA shall be afforded the use of department bulletin boards for the posting of notices, updates, meeting minutes and other material related to TPOA business. 3. TPOA shall be afforded the reasonable use of department copy machines and faxes and will reimburse the City for any material costs or toll fees for such use. 4. Upon notice and subject to availability, the City shall allow TPOA the use of City facilities including meeting rooms for TPOA membership, Board of Directors and committee meetings. 5. TPOA representatives shall be allowed reasonable paid release time for preparation for and attendance at meetings with management related to the meet and confer process and labor relations matters. 6. All bargaining unit members shall have the right to representation by TPOA in processing grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with TPOA representatives for discussion and consultation on grievances and disciplinary appeals. 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. [20] TPOA MOU 2012-13 11. TPOA representatives and consultants shall have the right of reasonable access to the workplace. 12. TPOA representatives may be granted General Leave or other leave for labor relations training. 13. All other rights and privileges currently in effect or which may be enacted in the future pursuant to State or Federal law. Article 36. Third Party Advisory Process for Disciplinary Appeals A. Disciplinary actions, which may move beyond the department head's decision, include the actions of termination, suspension, reduction of salary, and demotion. The "third party" advisory process is the step between the department head's action and the City Manager's final decision. In the department head's notice of final disciplinary action (which should be served by registered mail or personal delivery) shall be a statement which clearly informs the employee that he/she has the right, within ten (10) working days after receipt of the response, to request the next level of appeal. The day the employee receives the department head's final notice shall not count as one of the ten (10) days. B. The employee's request for the next level of appeal must be addressed to the Director of Human Resources and received in the Human Resources Department so that same is date stamped by the Human Resources Department with the ten (10) day period. C. If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the department head shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Director of Human Resources, an appeal hearing shall be established as follows: 1. If a single third party hearing officer cannot be agreed upon by the Director of Human Resources and the employee's representative (or employee alone if unrepresented), the American Arbitration Association shall be requested to submit a list of seven (7) persons qualified to act as arbiters to the City and employee. Within ten (10) days following receipt of the list of arbiters, the parties shall meet to select the arbiter. The parties shall 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. [211 TPOA MOU 2012-13 4. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party, not less than five (5) working days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the arbiter. 5. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules, which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The arbiter shall not be bound by technical rules of evidence. The arbiter shall rule on the admission or exclusion of evidence. 6. Each party shall have these rights: to be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses or any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, arbiter, employee/employee representative) mutually agree that same is not necessary. 7. The hearing shall proceed in the following order, unless the arbiter, for special reason, otherwise directs: a. The party imposing discipline shall be permitted to make an opening statement. b. The appealing party shall then be permitted to make an opening statement. 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. [22] TPOA MOU 2012-13 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) 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 prodding 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 [23] TPOA MOU 2012-13 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 or his/ 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. 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. [24] TPOA MOU 2012-13 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 or his/her designee. 13. The decision of the City Manager shall be final and binding. If the City Manager chooses to designate a hearing officer, that hearing officer will make a recommendation based on written findings to the City Manager, whose decision shall be final and binding. 14. Any objection to the City Manager, or his/her designee, on the grounds of bias, must be made in writing, stating the reasons therefore, by delivering of the writing to the City Manager no later than five (5) days prior to the date of the hearing. Article 38. Performance Evaluations An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 39. No Strike / Job Action A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves and the employees in the bargaining unit that they will not cause or condone any strike, walkout, work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and responsibilities, withholding of services or other interference with City operations, including compliance with the request of other employees and/or labor organizations to engage in any or all of the preceding activities. B. Any employee who participates in any of the conduct prohibited above may be subject to discipline up to and including termination. C. In the event of such activities, the Association shall immediately instruct any person engaging in such conduct that they are violating the Agreement and that they are engaging in unauthorized conduct and should resume full and faithful performance of theirjob duties. Article 40. Management Rights Except as otherwise specifically provided for in State and/or Federal laws, and this Agreement, the City reserves and retains and is vested with all rights of management which have not been expressly abridged by specific provisions of this Agreement or by law to manage the City. This shall include, but is not limited to: 1. The right to temporarily suspend the provisions of this Agreement in the event of and for the duration of an emergency as determined by the City Council and/or by County, State, or Federal action. In the event of such suspension of the Agreement, when the emergency is over, [25) TPOA MOU 2012-13 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, layoff, or discharge for just cause any employee. 3. The right to contractor sub -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 3rd day of July 2012. FOR THE CITY OF TUSTIN Jeffrey Parker, City Manager Kristi Recchia, Director of Human Resources Peter Brown, Liebert Cassidy Whitmore [26] FOR THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT Michael Shrode, President Matt Nunley, Vice President David Welde, Treasurer Jeremy Laurich, Secretary Rob Wexler; Silver Hadden Silver Wexler+Levine TPOA MOU 2012-13 APPENDIX A — MONTHLY SALARY RANGES Effective June 21, 2010 Classification A B CIBM wips Police Officer 5810.76 6108.30 6421.08 6749.88 7095.51 Police Recruit 4306.33 n/a n/a n/a n/a [27) RESOLUTION NO. 12-65 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, 2012 through June 30, 2013, 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, 2012, 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, 2012, 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 3rd day of July 2012. Resolution 12-65 Page 1 of 2 JOHN NIELSEN 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. 12-65 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 3�d day of July 2412, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Resolution 12-65 Page 2 of 2 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE OFFICERS ASSOCIATION POLICE MANAGEMENT REPRESENTATION UNIT TERM: July 1, 2012 —June 30, 2013 TPMA MOU 2012-13 TABLE OF CONTENTS CHAPTER 1— GENERAL PROVISIONS.............................................................................................................3 Article1. Recognition................................................................................................................................3 Article2, Entire Agreement.......................................................................................................................3 Article3. Reopener...................................................................................................................................4 Article4. Severability................................................................................................................................4 Article 5. Binding on Successors................................................................................................................4 Article6. Notices.......................................................................................................................................4 Article7. Payroll Deductions.....................................................................................................................4 CHAPTER 2 — COMPENSATION......................................................................................................................5 Article8. Salary ...................................................................................................5 Article 9. Overtime Compensation............................................................................................................5 Article 10. Uniform Allowance..................................................................................................................5 Article11. Bilingual Pay.............................................................................................................................5 Article 12. Educational Incentive Pay........................................................................................................6 Article13. Standby Duty...........................................................................................................................6 Article14. Call -Back Duty..........................................................................................................................7 Article15. Court Pay..................................................................................................................................7 Article 16. Shift Differential Pay................................................................................................................7 CHAPTER3 — BENEFITS..................................................................................................................................7 Article 17. Flexible Benefits Plan...............................................................................................................7 Article18. Retirement...............................................................................................................................8 Article 19. Deferred Compensation..........................................................................................................9 Article 20. Employee Lifeinsurance ..........................................................................................................9 Article 21, Long -Term Disability (LTD) Plan ...............................................................................................9 Article 22. Tuition Reimbursement.........................................................................................................10 Article23. Car Allowance........................................................................................................................11 Article 24. Retiree Medical Insurance.....................................................................................................11 CHAPTER 4 — LEAVES OF ABSENCE..............................................................................................................11 Article25. General Leave........................................................................................................................11 Article 26, Compensatory Time Off.........................................................................................................13 TPMA MOU 2012-13 Article 27. Administrative Leave.............................................................................................................13 Article28. Holidays.................................................................................................................................14 Article 29, Bereavement Leave...............................................................................................................15 CHAPTER 5 —WORKING CONDITIONS.........................................................................................................15 Article 30. Attendance................................................................ ..15 Article31. Work Schedules.....................................................................................................................16 Article32. Shift Trading...........................................................................................................................17 Article 33. Rest Periods and Lunch Breaks..............................................................................................17 CHAPTER 6— EMPLOYER / EMPLOYEE RELATIONS.....................................................................................17 Article34. Employee Rights....................................................................................................................17 Article 35. Performance Evaluations.......................................................................................................18 Article 36. No Strike / Job Action............................................................................................................19 Article 37. Management Rights...............................................................................................................19 Article38. Layoffs....................................................................................................................................19 APPENDIX A— MONTHLY SALARY RANGES ................................ ............21 ..................................................... TPMA MOU 2012-13 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 2012-13 Article 3. Reopener Either side may request to meet and confer over changes to this MOU which may occur prior to January 1, 2013 or later, for the purpose of effecting changes to this MOU to go into effect on January 1, 2013 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 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 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 authorized by the City. [41 TPMA MOU 2012-13 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) for the purchase, rental and/or maintenance of the required uniforms. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. 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. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Bilingual Premium. 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] TDMA MOU 2012-13 Article 12. Educational Incentive Pay A. Unit employees are eligible to receive Educational Incentive Pay at the beginning of the first pay period after Human Resources receives and certifies the employee has met all of the eligibility requirements. B. To apply for Educational Incentive Pay, an employee must be actively at work, provide official documentation of the required degree (associate's, bachelor's, or master's) and provide a copy of the applicable POST certificate (Supervisory POST or Management POST) and have completed any applicable service requirements. C. Educational Incentive Pay requirements and amounts are as follows: 1. Police Lieutenant Degree / Certificate Amount Associate's $250/month ($115.38/pay period) Bachelor's $375/month ($173.07/pay period) Master's $425/month ($196.15/pay period) Bachelor's + Management or Supervisory POST $450/month ($207.69/pay period) Master's + Management or Supervisory POST $475/month ($219.23/pay period) 2. Police Sergeant Degree / Certificate / Experience Amount Associate's $250/month ($115.38/pay period) Bachelor's $375/month ($173.07/pay period) Master's $425/month ($196.15/pay period) Bachelor's + Supervisory POST + 4 years as a Sergeant $450/month ($207.69/pay period) Master's + Supervisory POST + 4 years as a Sergeant $475/month ($219.23/pay period) D. If a Sergeant promotes to a Lieutenant, the Sergeant will not lose Educational Incentive Pay. The parties agree that this is special compensation and shall be reported as such, to the greatest extent legally permissible, pursuant to Title 2 CCR, Section S71(a)(2) as Educational Incentive. 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 (either via phone call or voice mail) of the cancellation before 6:00 p.m. on [6) TPMA MOU 2012-13 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 or voice mail) 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 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 %2) for actual time spent in City - required court appearances that occur during the employee's off-duty hours. A minimum of two (2) hours of Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. — 12:00 p.m.) and/or a minimum of two (2) hours will be paid for court appearances scheduled in the afternoon (12:00 p.m. — 5:00 p.m.). 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 6:00 p.m. and ends 21 6:00 a.m. the following day) or to a shift where all hours worked falls between the hours of 6:00 p.m. — 6:30 a.m. shall receive $100 per month ($46.15 per pay period) for each month worked on said shift. The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Shift Differential. 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 (CalPERS) 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) ($112 for calendar year 2012 and $115 per month for calendar year 2013) 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. [7] TPMA MOU 2012-13 C. Employees who do not take medical insurance through the program offered by the City shall receive $300 per month as the Flexible Benefits Opt -Out contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. If the employee also opts out of the City's dental insurance, the employee must also provide evidence, satisfactory to the City, that he/she has dental insurance coverage comparable to coverage available through the City program. D. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City -sponsored programs, including required payment towards employee medical insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum, employees are required to take employee only medical and dental insurance, with premiums paid out of their Flexible Benefits contribution. Employees may allocate the remaining amount among the following programs: 1. Medical insurance 2. Dental insurance 3. Additional life insurance 4. Vision insurance 5. Deferred compensation 6. Section 125 Flexible Spending Account for medical or dependent care reimbursement 7. Eligible catastrophic care programs 8. Cash Discretionary allocations are to be made in accordance with program/City requirements including restrictions as to the time when changes may be made in allocations to the respective programs. E. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration of this Agreement unless changed by mutual agreement of the City and Association. The City retains the right to change administrators. Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary and employee -funded. Article 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 CalPERS, as amended. B. Employees first hired by the City as Local Safety Members prior to January 1, 2012 shall be provided the CalPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2. 1. The City shall pay part of the required employee CalPERS 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 CalPERS employee contribution shall be regarded 181 TPMA MOU 2012-13 as a pickup for purposes of compliance with IRC 414(h)(2). The employee is responsible for paying the employee contribution through a pre-tax payroll deduction as follows: Effective Date Employee Share City Payment of Employee Contribution 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 CalPERS 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 401(a) deferred compensation plan. It is the responsibility of each employee to complete the necessary paperwork and take required steps to enroll in the plan. Should an employee fail to enroll, the City is under no obligation to make retroactive contributions on behalf of said employee. Employees hired into this unit shall be provided with notification of the deferred compensation program, including the amount of employer contributions, during employee orientation. Article 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 $1,000, up to a maximum of $200,000. The City will also provide $1,000 per dependent of dependent life insurance. B. The City shall also make available, at the employee's option, a supplemental life insurance policy. The premium of the supplemental policy shall be paid by the employee. Article 21. Long -Term Disability (LTD) Plan TPMA MOU 2012-13 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 a non -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 TPMA MOU 2012-13 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 calendaryearthe 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 CalPERS retiree medical insurance premiums. This amount includes the minimum contribution towards retiree medical insurance required under the PEMHCA program ($112 per month for calendar year 2012 and $115 per month for calendar year 2013). 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 CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees, who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS 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 CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees, who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS 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 CalPERS insurance billing. In order to maintain the retiree medical insurance stipend throughout retirement, an employee must maintain coverage in a CalPERS 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 TPMA MOU 2012-13 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 320 hours 6-10 years 208 hours 416 hours Over 10 years 248 hours 496 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. 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. The right to cash out 40 or 80 hours of accrued General Leave discussed herein is separate and apart from the cash out of hours from the Excess General Leave Bank ("EGLB") discussed below. D. 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 (2) years entitlement, at the employee's then current base salary rate. Should an employee request to use General Leave in accordance with department procedures and be denied the use of leave which will result in the employee reaching his/her maximum accrual cap, the Director of Human Resources will be notified to facilitate an agreeable remedy for both parties. E. Effective on Sunday, July 1, 2012, accrued General Leave in excess of that figure that is one hundred twenty hours below the new maximum accrual caps (i.e. hours above 200 for 0-5 years, 296 for 6-10 years, 376 for over 10 years) will be transferred to an "Excess General Leave Bank" (EGLB). Hours in the EGLB may be used for General Leave purposes. Effective the second paycheck in July 2012 and the second paycheck each July thereafter, the City will cash out forty hours of excess General Leave from each employee's EGLB, until such EGLB is exhausted. Should the EGLB contain less than forty hours at the time of the mandatory cash out, the remaining balance will be cashed out. Should employees with an EGLB wish to cash out General Leave pursuant to Article 25.C, the hours to be cashed out must first be taken from the EGLB. F. 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. G. Advanced General Leave is available under the following provisions: [12] TPMA MOU 2012-13 a. A unit member requests a leave of absence for a "serious health condition" as that term is defined under the FMLA/CFRA for him or herself, a child, parent, spouse or registered domestic partner; and b. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave accrued; and c. The employee exhausts his/her General Leave accrual; then d. Upon request of the employee, the City will grant an advance of one -hundred twenty (120) hours of General Leave for use in conjunction with the serious health condition (as defined above). The Advanced General Leave must be repaid to the City once an employee returns to work. Advanced General Leave will be repaid by transferring newly accrued General Leave back to the City until full repayment of the leave has been returned. However, should an employee request and receive Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic leave donation bank to the City prior to providing the employee use of the donated hours. 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 (FLSA), Police Lieutenants are compensated for meeting the requirements and performing the duties of their job regardless of the number or scheduling of hours worked. In lieu of overtime compensation, the City shall provide Police Lieutenants with an annual credit of forty (40) hours of paid Administrative Leave each January. 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 [13] TPMA MOU 2012-13 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. 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. [14] TPMA MOU 2012-13 D. In December of each year, each regular and promotional probationary employee will be granted 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, forty-five (45) hours in January (January — September holidays) and fifty-four (54) hours in October (October — December holidays). 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 unpaid status immediately before or after the holiday, 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). E. The parties agree that Holiday Pay is additional compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall, to the extent legally permissible, be reported as special compensation pursuant to Title 2 CCR, Section 571(a)(5). 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. 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 1151 TPMA MQU 2012-13 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 (FLSA). B. Department work schedules include: 1. The 4/10 work schedule. In each seven (7) calendar day period, the employee works four 10 - hour days where the scheduled work shift commences and ends at the same time each day followed by three consecutive days off. 2. The 3/12.5 work schedule. In each seven (7) calendar day period, the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each day and is followed by four consecutive days off. During the 28 day work cycle, the employee must work one additional 10 -hour shift. C. Individual changes to the work schedule described above will be upon mutual agreement between the department and the employee. D. The department will select shifts as follows: 1. The City is divided into two (2) separate patrol areas — North and South. 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. [16] TPMA MOU 2012-13 5. If a Sergeant assigned to a special assignment returns to patrol, he/she will be allowed to sign up by seniority in the area vacated by his/her replacement. This will be based on the staffing needs of the department. The Chief of Police will maintain ultimate control of scheduling per the needs of the agency. However, should the seniority become adversely imbalanced due to transfers to and from specialty positions during the two year rotation period, the Chief of Police will make every effort to allow movement between North and South areas in an attempt to balance seniority. E. Employees assigned to special task forces or regional teams will work the hours the team works. F. Employees may have their work schedules changed to accommodate training assignments which are eight (8) or more hours in duration. Article 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 fail 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 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 G — EMPLOYER / EMPLOYEE RELATIONS Article 34, Employee Rights [17] TPMA MOU 2012-13 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. a. Upon notice and subject to availability the City shall allow TPOA the use of City facilities including meeting rooms for TPOA membership, Board of Directors and committee meetings. 5. TPOA representatives shall be allowed reasonable paid release time for preparation for and attendance at meetings with management related to the meet and confer process and labor relations matters. 6. All bargaining unit members shall have the right to representation by TPOA in processing grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with TPOA representatives for discussion and consultation on grievances and disciplinary appeals. 7. TPOA shall have the exclusive right on behalf of the bargaining unit to meet and confer with management over matters of wages, benefits, hours, and terms and conditions of employment pursuant to State and Federal laws. 8. All bargaining unit members shall have the right to join and participate in the activities of TPOA free from interference, intimidation, coercion, or discrimination. 9. TPOA shall have the right to distribute a reasonable amount of association information and newsletters at the job site. 10. TPOA representatives shall have the right to reasonable use of department telephones and e- 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 35. Performance Evaluations [18] TPMA MOU 2012-13 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 jab duties. Article 37. Management Rights Except as otherwise specifically provided for in State and/or Federal laws, and this Agreement, the City reserves and retains and is vested with all rights of management which have not been expressly abridged by specific provisions of this Agreement or by law to manage the City. This shall include, but is not limited to: 1. The right to temporarily suspend the provisions of this Agreement in the event of and for the duration of an emergency as determined by the City Council and/or by County, State, or Federal action. In the event of such suspension of the Agreement, when the emergency is over, management will immediately initiate the meet and confer process over replacement of any salary, benefit, or working conditions lost by unit employees as a result of the suspension. 2. The right to determine staffing and direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay off, or discharge for just cause any employee. 3. The right to contract or sub -contract services and/or work. 4. The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. 5. The right to modify the performance evaluation form. 6. The right to modify and update class specifications. Article 38. Layoffs [19] TPMA MOU 2012-13 The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MDU by reference. IN WITNESS WHEREOF, the parties hereto have executed this document this 3rd day of July 2012. FOR THE CITY OF TUSTIN Jeffrey Parker, City Manager Kristi Recchia, Director of Human Resources Peter Brown, Liebert Cassidy Whitmore [20] FOR THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT Michael Shrode, President Brian Greene, Sergeant Representative John Strain, Lieutenant Representative Rob Wexler; Silver Hadden Silver Wexler+Levine TPMA MOU 2012-13 APPENDIX A — MONTHLY SALARY RANGES Effective June 21, 2010 Classification's,. rt"? A B C 0D E1 Police Lieutenant 9199.39 9670.45 10165.63 10686.17 11233.36 Police Sergeant 7704.92 8099.45 8514.18 8950.16 9408.46 [21]