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HomeMy WebLinkAbout11 TPMA MOU 11-20-00AGENDA RL_ 0RT NO. 11 11-20-00 MEETING DATE: NOVEMBER 20, 2000 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER ARLENE MARKS, DIRECTOR OF HUMAN RESOURCES POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING RECOMMENDATION: Adopt Resolution Nos. 00-82 and 00-83 amending the City's compensation plan, approving the three-year Memorandum of Understanding for the Tustin Police Management Association, the three-year Memorandum of Understanding for the Tustin Police Officers Association. FISCAL IMPACT: $708,000 over a three year period. BACKGROUND AND DISCUSSION: The Tustin Police Management Association (TPMA), represented by the Tustin Police Officers Association, consists of approximately 19 employees holding the positions of Sergeant and Lieutenant. The Tustin Police Officers Association (TPOA) consists of approximately 70 employees holding the positions of Police Recruit and Police Officer. Each bargaining unit currently has a two-year contract that will expire on December 31, 2000. The City began its discussions with TPOA and TPMA for successor Memorandums of Understanding (MOU's) in late August. Negotiations began in September pursuant to parameters established by the City Council at its September 5, 2000 meeting. Attached are proposed successor MOU's for TPMA and TPOA. These contracts have been negotiated within the parameters established by the City Council. Ratification by the membership of both bargaining units is underway and we anticipate the contract will be ratified prior to City Council meeting where this item is scheduled for your consideration. The most significant terms of these multi-year agreements are as follows: · Term Three years, January 1, 2001 - December 31, 2003 · Salaries TPMA: January 1, 2001, an increase of 4% _ January 2002, an increase of 3.5% January 2003, no salary increase · Salaries TPOA: January 1, 2001, an increase of 2.75% January 2002, an increase of 3% (salary or flex) JulY 2003, an increase of 2% · Flex Spending TPOA January 2001, an increase of approx. $50/mo. · Retirement- Amendment to our Public Employees Retirement System contract to provide members the 3% @ 50 retirement program effective July 1, 2003. · Ability to meet and confer on changes to Personnel Rules and Regulations during the term of the agreement. · Minor Contractual changes providing for streamlining and consistency within the organization. · Creation of a labor-management cooperative to explore funding alternatives that involve employee contributions to fund' premiums in excess of the City's contribution for retiree health insurance. · Side Letter Agreement to ensure consideration of future costs related to the new retirement formula to be implemented in July 1, 2003. In the event the costs associated with the first year of these contracts cannot be absorbed by the current Police Department budget, staff will return for a supplemental appropriation at the time the City Council conducts its annual mid-year budget review. Costs associated with years two and three of the contracts will be included in the appropriate future years' budgets. Staff believes these contracts meet the needs of the City, TPMA and TPOA. Further, we believe it will enable us to continue to be competitive in our efforts to recruit and retain highly qualified individuals for our Police Department. Arlene Marks, SPHR Director of Human Resources Attachments: Resolution 00-82 Resolution 00-83 City of Tustin and Tustin Police Management Association MOU 2001-03 City of Tustin and Tustin Police Officers Association MOU 2001-03 U:\Staff Report\Staff Report TPMA&TPOA MOU 01-03.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 25 26 27 28 RESOLUTION NO. 00-82 A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE COMPENSATION PLAN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE MANAGEMENT _ ASSOCIATION, REPRESENTED BY THE TUSTIN POLICE OFFICERS ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City Council has authorized and directed, under the provisions of the City of Tustin Personnel Rules and Regulations, Resolution No. 88-103, the preparation of a compensation plan for all employees in the municipal service of the City of Tustin; and WHEREAS, Resolution No. 88-103 requires that amendments or revisions to the compensation plan be approved by Resolution of the City Council; and WHEREAS, the City of Tustin, hereinafter referred to as "City" and the Tustin Police Management Association, represented by Tustin Police Officers Association, hereinafter referred to as "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, salaries, fringe benefits and conditions of employment effective January 1, 2001 through December 31, 2003 as more particularly set forth in the Memorandum of Understanding; and NOW, THEREFORE, the City Council of the City of Tustin, California does hereby resolve as follows' SECTION 1. The Memorandum of Understanding, effective January 1,2001, is hereby approved and incorporated herein by reference as Exhibit "A" as though fully set forth herein, and staff is authorized to amend the compensation plan and transfer the funding necessary from the unappropriated General Fund Reserve Account to the appropriate Police Department salary and benefit accounts. SECTION 2. This Resolution shall become effective on January 1, 2001, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. J's\RESOLUTION TPMA MOU 00-03.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 $ Passed' and adopted at a regular meeting of the Tustin City Council held on the 20th day of November, 2000. JEFFERY M. THOMAS, MAYOR ATTEST: CITY CLERK I's\RESOLUTION TPMA MOU 00-03.doc EXHIBIT A MEMORANDUM OF UNDERSTANDING TUSTIN POLICE MANAGEMENT UNIT CITY OF TUSTIN and TUSTIN POLICE OFFICERS' ASSOCIATION TERM: JANUARY 1, 2001 TO DECEMBER 31, 2003 TABLE OF CONTENTS Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. Article 31. Article 32. Article 33. Attachment Recognition ............................................................................................. 1 Salary ...................................................................................................... 1 Retirement Plan .................................................................................. .:... 2 Retirement Survivor's Benefit .................................................................. 2 Paid Leave .............................................................................................. 2 Uniform Allowance .................................................................................. 4 Standby Duty ........................................................................................... 4 Call-Back Duty ......................................................................................... 5 Deferred Compensation .......................................................................... 5 Court Pay Provisions ............................................................................... 5 Overtime Compensation .......................................................................... 5 Employee Life Insurance ......................................................................... 6 Medical and Dental Insurance ................................................................. 6 Section 125 Program ............................................................................... 6 Retiree's Health Insurance ...................................................................... 6 Long-Term Disability (LTD) Plan ............................................................. 6 Tuition Reimbursement ........................................................................... 7 Performance Evaluations ........................................................................ 7 Work Schedules ...................................................................................... 7 Probationary Rejection ............................................................................ 8 Management Rights Clause .................................................................... 8 Administrative Regulations ...................................................................... 9 Application of Agreement ........................................................................ 9 Gender .................................................................................................... 9 Severability .............................................................................................. 9 Conclusion of Agreement ........................................................................ 9 No Change of Benefits ............................................................................ 9 Scope of Renegotiation at Conclusion of Contract .................................. 9 Binding on Successors ...................................................................... Amendments ........................................................................................ Notices ................................................................................................. · Ratification ......................................................................................... Term of Agreement .............................................................................. A Side Letter Agreement ..................................................................... 10 10 10 10 10 11 S:\MOU's\TABLE OF CONTENTS TPMA.doc MEMORANDUM OF UNDERSTANDING POLICE MANAGEMENT REPRESENTATION UNIT CITY OF TUSTIN AND TUSTIN POLICE OFFICERS' ASSOCIATION WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et.seq, and Section 17 of the Personnel Rules and Regulations 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; 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. WITNESSE.TH Article 1. Recognition The City has previously recognized the Tustin Police Officers' Association 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. The Classifications constituting the Police Management Representation Unit are: Police Lieutenant Police Sergeant Article 2. Salary A. The salaries of all bargaining unit employees in the classifications of Police Lieutenant and Police Sergeant shall be increased by four-percent (4%) January 1, 2001. Effective at the beginning of the pay period closest to January 1,2002 the base salary rates of the classes of Police Sergeant and Police Lieutenant shall be increased by three and one-half percent (3.5%). S:\MOU's\TPMAMOU01-03final.doc Page 1 of 11 Article 3. Retirement Plan The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirement System (PERS) in the amount equal to nine percent (9%) of the employee's "compensation earnable". Employees serving in a Classification covered by this Agreement shall have a vested right to receive all of the retirement benefits entitled them as of the effective date of this M.O.U. The City agrees to amend its current contract with PERS in order to provide the 3% @ 50 retirement formula for Local Safety Members (in lieu of the current 2% @ 50 formula) to be effective no later than July 1, 2003. The City will pay the full cost of the 3% @ 50 formula upgrade. All other PERS optional benefits in effect under the 2 %@ 50 formula shall remain in effect under the 3% @ 50 formula when implemented. Article 4. Retirement Survivor's Benefit The City shall provide the 1959 Survivors Benefit option of the Public Employees Retirement System for employees, at employee cost. If there is no cost to the City, the City's contract with the PERS will be amended to provide for the Fourth Level of 1959 Survivor Benefit. Article 5. Paid Leave A. General Leave 1. Each employee accrues general leave in accordance with the following: Periods of Service General Leave Hours Per Year 6 months to 1 year 26.67 hours per month 1-5 years 160 6-10 "" 208 Over 10"" 248 . The Police Chief may annually grant an additional eight (8) hours of general leave to each employee whose work performance is satisfactory. . In April of any given year an employee may request that he/she be paid for a maximum of forty (40) hours of general leave, eighty (80) hours if the employee has six (6) or more years of City service. The employee shall receive payment for the requested hours in the following month of May. . Each calendar year employees may accumulate General Leave to a maximum of twice the employee's annual entitlement. Upon reaching the maximum, the employee may continue to accrue General Leave until the end of the calendar year. During the first pay period of each calendar year all unused Leave in excess of the maximum shall be forfeited and no payment shall be made for the forfeited Leave. Upon separation from the City service the employee will be paid for unused Leave, not to exceed the maximum of two (2) years entitlement, at the employee's then current base salary rate. S:\MOU's\TPMAMOU01-03final.doc Page 2 of 11 Bo Co o An employee with less than six (6) months of employment shall be advanced a maximum of twenty-four (24) hours of General Leave that may be used for the employee's absence due to his/her illness, injury, or incapacitation due to pregnancy. If an employee uses advanced Leave and terminates prior to the completion of six (6) months of service, payment received for such Leave shall be deducted from his final paycheck. Administrative Leave Employees shall receive an annual credit of forty (40) hours of administrative leave which may be used only as paid time off during the year in which it is credited. Subject to guidelines established by the City Manager, the Police Chief may grant up to an additional forty (40) hours. Holidays 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 Thursday in November designated as Thanksgiving Day Day after Thanksgiving Day Afternoon before the Christmas Day Holiday December 25 Afternoon before the New Year's Day Holiday New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Vetbran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Holiday Eve Christmas Day New Year's Holiday Eve When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a.Saturday, the preceding Friday will be observed instead. For the designated holidays, employees are eligible for eight (8) hours of paid time off for each full day and four (4) hours for each of the two (2) afternoon holidays. Unless operational needs, as determined by the Police Chief, 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 or general leave to ensure that hours paid will be the same as would regularly be paid for the day. S:\MOU's\TPMAMOU01-03final.doc Page 3 of 11 On December 1 of each year, an employee may request a cash out of his/her holiday credit for the following year in lieu of having time off. The request may only be for all cash, all General Leave, or one-half cash/one-half General Leave. The request shall be in writing and is irrevocable. Payment for the holiday time shall be made in January 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 employee shall reimburse the City for the overage. For each designated holiday not cashed out the employee will receive General Leave at the rate of eight (8) hours for each full holiday and four (4) hours for each half holiday. D. Bereavement Leave The City shall provide three (3) days off with pay for the purpose of bereavement leave in the event of a death in the employee's immediate family. "Immediate Family'" shall be defined as including the spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. An employee may use less than three (3) days. Bereavement Leave is intended to allow time for an employee to morn 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 6. Uniform Allowance Employees will be paid a uniform allowance of $325.00 per year. Special motor officer gear and officer public safety leather gear required by the department will be provided. Article 7. Standby Dub/ Police Sergeants shall be compensated for standby duty for other than court appearances at the rate of two (2) hours straight time for each eight (8) hours required, including holidays. Standby duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours straight time for morning (a.m. hours) appearances and two (2) hours straight time for afternoon (p.m. hours) appearances. 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 hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the employee prior to 6:00 p.m. on the day prior, will negate the two hours of standby pay. EmplOyees who are scheduled for standby 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. If an employee is on standby and the standby status is canceled the employee will still receive the full amount of standby pay appropriate for the time frame involved. S:\MOU's\TPMAMOU01-03flnal.doc Page 4 of 11 Article 8. Call-Back Duty In addition to standby compensation, if any, Police Sergeants shall receive a minimum of two (2) hours overtime paid at a time and one-half rate for any call which required them to return to duty that does not involve a court appearance. Article 9. Deferred Compensation The City's contribution to a deferred compensation program or vehicle currently offered by the City shall be 2.5% of the employee's base salary. It is the responsibility of employees to complete the necessary paperwork and take required steps to enroll in the program. Should employees fail to enroll, the City is under no obligation to make retroactive contributions on behalf of said employee or employees. Employees hired into the representation unit shall be provided with a notification of the deferred compensation program, including the amount of employer contributions, during employee orientation. Article 10. Court Pay Provisions Police Sergeants shall be paid at a time and one-half rate for time spent in required court appearances involving City business that occur during the Sergeant's off-duty hours. A minimum of two (2) hours of such compensation will be paid for court appearances scheduled in the morning (a.m. hours) and/or two (2) hours for court appearances scheduled in the afternoon (p.m. hours). Article 11. Overtime Compensation The City shall pay Police Sergeants time and one- half for all approved overtime hours worked in excess of; (1) regularly scheduled hours per shift; (2) hours worked on a day the employee is not regularly scheduled to work; or (3) hours worked in excess of the prescribed hours during the applicable work cycle, (i.e. (a) 40 hours in a 7-day work cycle for employees on the 4/10 work schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5 work schedule; and (c) 80 hours in a 14-day work cycle for employees on the 9/80 work schedule). General leave, compensatory time and holiday hours paid shall be counted as hours worked in these calculations. In lieu of receiving cash payment for overtime, the employee may elect to be credited with compensatory time at the rate of time and a half, subject to a maximum accrual of forty (40) hours. The time during which an employee may take compensatory time shall be subject to approval by the appointing authority or designee with due regard for the wishes of the employee and for needs of the service. Should this provision be found invalid by an arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of compensatory time shall cease and all accrued compensatory time shall be paid at the employee's current straight time rate. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of forty (40) hours or less at his/her straight time hourly base rate. S:\MOU's\TPMAMOU01-03final.doc - Page 5 of 11 Article 12. Employee Life Insurance The City will provide life insurance on the life of each regular, permanent full-time, employee and pay the premiums thereof. The death benefit of said insurance shall be one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. The City shall also make available, at the employee's option, a supplemental life insurance policy, the death benefit of which shall be $18,000.00. The premium of said supplemental policy shall be paid by the employee. - Article 13. Medical and Dental Insurance. After thirty (30) days of employment, each employee will be eligible for a City payment of premiums for employee selected medical insurance under the Public Employees' Medical and Hospital Care Program and dental insurance under plans offered through the City. Employees who do not choose to participate in the insurance programs shall be paid $120.00 per month. 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. Article 14. Section '125 Proqram A Section 125 Program will be implemented on or before January 1, 1994 and include such options as may be available. The City retains the right to change administrators for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. Article 15. Retiree's Health Insurance The Citywill contribute a maximum of $150.00 per month towards the payment of medical insurance premiums for employees who retire from the City of Tustin after October 1, 1993; $200.00 for employees who retire after January 1, 1994 and $250.00 for employees who retire after January 1, 2000. Such contribution is supplemental to the $16.00 per month City contribution to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribution. TPOA will participate in a joint labor-management committee to eXplore funding alternatives that involve employee contributions to fund premiums in excess of the City's contribution for retiree health insurance. Article 16. Long-Term Disability (LTD) Plan A. The Long-Term Disability 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 Association. B. In addition to provisions of the Long-Term Disability Insurance Plan, the City agrees to pay the same salary benefit paid by the Plan for disability leave which occurs after the employee has used eighty (80) consecutive hours of general leave during the 30 day period beginning with the 1st day of the leave. C. Flexible benefits will be continued for ninety days of a disability leave and such time will be counted towards satisfying Federal FMLA and State of California FRA requirements. S:\MOU's\TPMAMOU01-03final.doc Page 6 of 11 Do It is understood that proof of coverage is to be submitted to the City upon request and eligibility for City benefits provided in B and C of this Article is conditioned upon the City's receipt of proof of disability. Article 17. 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 and related Council Policy statements: A, Department Head and Human Resource Director approval must be obtained before enrollment in the course. Bo Reimbursement shall be made of 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. Co Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same course. Do Reimbursement for up to $500.00 each calendar year if the employee is attending a community college or $1,000.00 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 $750.00. Article 18. 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 19. Work Schedules A. Department work schedules include the 4/10 work schedule; (in a 7-day work cycle the. employee works four 10-hour days where the scheduled work shift commences and ends at the same time each day, with three consecutive days off) and the 3/12.5 work schedule, (in a 28-day work cycle the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each day, with 4 consecutive days off, in each seven (7) calendar day period, except that the employee must work one additional 10-hour shift during the work cycle) as follows: S:ffvlOU's\TPMAMOU01-03final.doc Page 7 of 11 4/10 3/12.5 (1) Traffic and Investigation Divisions, (2) Employees in special assignments Patrol [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 (in a 14-day work cycle the employee works eight 9-hour days wher the scheduled work shift commences and ends at the same time each day, and one eight-hour work day, with one period of 3 consecutive days off and one period of two consecutive days off or some other schedule upon mutual agreement of the Department and employee.] Bo Employees assigned' to special task forces or regional teams will work the hours that the team works. Co The Department shall continue the present practices of (1) rotating shift assignments on a regular basis at 6-month intervals; (2) allowing employees to sign up for and select shift assignments based on seniority; and (3)limiting an employee to 12 consecutive months on any shift assignment. Do Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. Article 20. Probationa ,ry Rejection A probationary employee, rejected for failure to meet standards or pass probation, shall not be eligible for any internal grievance or appeal procedure pursuant to Swift vs. County of Placer. Article 21. Management Rights Clause Except as otherwise specifically provided in this Memorandum, the Personnel Rules & Regulations and Departmental Regulations, and amendments and revisions thereto, will remain in force and effect, whether exercised or not, and they are the sole and exclusive right and functions of management including, but not limited to: The right to contract or subcontract construction, services, maintenance, distribution or any other work With outside public or private entities. The right to 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. The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay-off or discharge any employee. The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. S:\MOU's\TPMAMOU01-03final.doc Page 8 of 11 Nothing contained herein shall be construed as a waiver by the Tustin Police Officers' Asso. ciation of any right to meet and confer and/or represent its members pursuant to the Meyer-Milias-Brown Act or any other applicable State or Federal law. Article 22. Administrative Regulations The City Manager may issue written administrative personnel regulations designed to augment or clarify the provisions of this memorandum. Article 23. Application of Aqreement The parties agree that the term "employee" whenever used herein, whether singular or plural, means and applies only to those employees of the City included within the Tustin Police Management Representation Unit, and that this memorandum covers only said employees. Article 24. Gender Words used in this memorandum in the singular include the plural, and the plural include the singular. Words appearing in the male gender include the female gender and the female gender include the male gender. Article 25. 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 part hereof. Article 26. Conclusion of Aqreement This agreement contains all of the covenants, stipulations and the provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this agreement are covered by existing ordinances, resolutions, policies and practices of the City as well as the Personnel Rules & Regulations presently in effect. Therefore, for the life of this agreement, neither the City or Tustin Police Management Association shall be compelled to meet and confer concerning any mandatory bargaining or meet and confer issue, whether' specifically met and conferred about prior to the conclusion of this agreement or which may have been omitted in the meeting and conferring which led up to the conclusion of this agreement, except by mutual agreement of the parties. Notwithstanding the provisions of this Article, the parties do agree to reopen the meet and confer process upon request over proposed changes to City Personnel Rules and Regulations. Changes to Personnel Rules and Regulations shall be implemented only upon mutual agreement of the parties. Article 27. No Change of Benefits During the life of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. Article 28. Scope of Reneqotiation at Conclusion of Contract All provisions of this agreement and other conditions of employment appropriate to the meet and confer process shall be subject to renegotiation at the conclusion of the contract period and may thereafter be included in the meet and confer process at the request of either party. S:\MOU's\TPMAMOU01-03final.doc Page 9 of 11 Article 29. Bindinq 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, sale, transfer or assignment of either party hereto. Article 30. Amendments This memorandum can be altered or amended only by written agreement between the parties hereto. Article 31. Notices Notices hereunder shall be in writing and, if to the Tustin Police Management Unit, shall be mailed to President, Tustin Police Officers'~Association, Post Office Box 1516, Tustin, Ca 92780; and, if to City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780. Article 32. Ratification This memorandum shall be of no force or effect unless or until duly approved, adopted, ratified, and agreed to by the City Council of City, or in the alternative, that all of the substantive provisions contained herein are adopted by resolution of the City Council. Article 33. Term of Aqreement All provisions set forth herein shall be effective as of the date of approval of this Memorandum of Understanding by the Tustin City Council, unless otherwise indicated. This Agreement shall be and remain in effect from January 1,2001, up to and including December 31, 2003. In witness whereof, the parties hereto have executed this document this of , day City of Tustin Tustin Police Officers Association William A. Huston, City Manager Gordon Margulies, President Arlene Marks, Director of Human Resources Mark Hein Ron Nault, Director of Finance Brent Zicarelli Robert Schoenkopf, Captain Mike Shanahan S:\MOU's\TPMAMOU01-03final.doc Page 10 of 11 ATTACHMENT A SIDE LETTER AGREEMENT BETVVEEN TUSTIN POLICE OFFICERS ASSOCIATION AND THE CITY OF TUSTIN The City and Tustin Police Officers Association (TPOA) agree the cost factor used for implementation of the 3% @ 50 PERS Retirement benefit, included in the contract between TPOA and the City of Tustin, is nine percent (9%). For the contract negotiations for a successor Memorandum of Understanding, the four and one-half percent (4.5%) remaining cost of the 3% @ 50 PERS Retirement benefit shall be considered. Employees who are ill or become injured, and such illness or injury is expected to last in excess of.one payperiod, shall utilize appropriate charge codes to account for hours not worked based on the employee's work schedule. Effective at the beginning of the next pay cycle the employee shall revert to a 5 day/40 hour schedule for payroll purposes. In the event the employee is reimbursed for general leave or other time utilized, such reimbursement shall be at the rate of 8 hours per day (not to exceed 40 hours per week) back to the first day of the illness or injury. S:\MOU's\TPMAMOU01-03final.doc Page 11 of 11 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 00-83 A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE COMPENSATION PLAN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS- AND CONDITIONS OF EMPLOYMENT WHEREAS, the City Council has authorized and directed, under the provisions of the City of Tustin Personnel Rules and Regulations, Resolution No. 88-103, the preparation of a compensation plan for.all employees in the municipal service of the City of Tustin; and WHEREAS, Resolution No. 88-103 requires that amendments or revisions to the compensation plan be approved by Resolution of the City Council; and WHEREAS, the City of Tustin, hereinafter referred to as "City" and the Tustin Police Officers Association, hereinafter referred to as "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, salaries, fringe benefits and conditions of employment effective January 1, 2001 through December 31, 2003 as more particularly set forth in the Memorandum of Understanding; and NOW, THEREFORE, the City Council of the City of Tustin, California does hereby resolve as follows: SECTION 1. The Memorandum of Understanding, effective January 1,2001, is hereby approved and incorporated herein by reference as Exhibit "A" as though fully set forth herein, and staff is authorized to amend the compensation plan and transfer the funding necessary from the unappropriated General Fund Reserve Account to the appropriate Police Department salary and benefit accounts. SECTION 2. This Resolution shall become effective on January 1, 2001, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. S:\MOU's\RESOLUTION TPOA MOU 00-03.doc 1 2 3 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 25 26 27 28 Passed and adopted at a regular meeting of the Tustin City Council held on the 20th day of November, 2000. JEFFERY M. THOMAS, MAYOR ATTEST: CITY CLERK S:\MOU's\RESOLUTION TPOA MOU 00-03.doc EXItlBIT'A MEMORANDUM OF UNDERSTANDING POLICE OFFICERS' REPRESENTATION UNIT CITY OF TUSTIN and TUSTIN POLICE OFFICERS' ASSOCIATION TERM: JANUARY 1, 2001 TO DECEMBER 31, 2003 TABLE OF CONTENTS Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. Article 31. Article 32. Article 33. Article 34. Article 35. Article 36. Article 37. Article 38. Article 39. Article 40. Recognition ................................................................................................... 1 Salary Adjustment ........................................................................................ 1 Retirement Plan ................................... : ........................................................ 2 Bereavement Leave ..................................................................................... 2 Bilingual Compensation ................................................................................ 2 General Leave .................................................................... , .......................... 3 Uniform Allowance ........................................................................................ 3 Standby Duty ................................................................................................ 3 Call-Back Duty .............................................................................................. 4 Deferred Compensation ............................................................................... 4 Court Pay Provisions .................................................................................... 4 Overtime Compensation ............................................................................... 4 Employee Life Insurance ..................................... .. ........................................ 5 Flexible Benefits Plan ................................................................................... 5 Educational Incentive Pay ............................................................................ 6 Tuition Reimbursement ................................................................................ 7 Holidays ........................................................................................................ 7 Management Rights Clause ......................................................................... 8 Scope of Renegotiation at Conclusion of Contract ...................... . ................. 9 Administrative Regulations ........................................................................... 9 Application of Agreement .............................................................................. 9 Gender.: ........................................................................................................ 9 Retiree's Health Insurance ......... · .................................................................. 9 Severability ................................................................................................... 9 Binding on Successors ........................ : ...................................................... 10 Ratification .................................................................................................. 10 Amendments ...................... , ....................................................................... 10 Notices ........................................................................................................ 10 Term of Agreement ..................................................................................... 10 Conclusion of Agreement ........................................................................... 10 No Change of Benefits ............................................................................... 11 Performance Evaluations ............................................................................ 11 Probationary Period .................................................................................... 11 Career Officer Program .............................................................................. 11 Long-Term Disability (LTD) Plan ................................................................ 11 Special Assignments .................................................................................. 12 Shift Differential .......................................................................................... 12 Substance Abuse Testing ........................................................................... .12 Disciplinary Appeals ................................................................................... 12 Work Schedules .................................................. -. ...................................... 12 Attachment A Side Letter Agreement ............................................................................ 14 Exhibit B Third party Advisory process for Disciplinary Appeals BI-B4 S:\MOU's\TABLE OF CONTENTS TPOA 01-03.doc MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE OFFICERS ASSOCIATION WHEREAS, in accordance with the provisions of the California Government (~ode Sections 3500 et.seq, and Section 17 of the Personnel Rules and Regulations of the City of Tustin, the City's representatives have met and conferred in good faith with the representatives of the Tustin Police Officers Association pertaining to the subject of wages,~ benefits and conditions of employment for the non-administrative and non-management police employees of City; and WHEREAS, the meeting between Tustin Police Officers and the City representatives has resulted in an agreement and understanding to recommend that the employees represented by the Tustin Police Officers 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 non-administrative and non-management police officers of City set forth herein. WITNESSETH Article 1. Recognition The City has previously recognized the Tustin Police Officers Association as the majority representative of all non-administrative and non-management police employees of City for the purpose of representation on issues of wages, hours and other terms and conditions of employment. The employees represented by the Association hold positions in the Police Recruit and Police Officer classifications. As majority representative, the Tustin Police Officers Association is empowered to act on behalf of all non-administrative and non-management police sworn employees of the City, whether or not they are individually members of the Tustin Police Officers Association. The Classifications covered by this agreement are Police Recruit and Police Officer. Article 2. Salary Adjustment Ao The salaries of all bargaining unit employees in the classification of Police Recruit and Police Officer shall be increased by two and three-quarter percent (2.75%) January 1, 2001. B, Effective at the beginning of the pay period closest to January 1, 2002, the salaries of all bargaining unit employees in the classification of Police Recruit and Police Officer shall be increased by three percent (3%). Said increase may be reduced by applying a percentage of this increase to flex dollars upon request of the Association. Such request shall be made to the City's Human Resources Director no later than December 1, 2001. S:\MOU's\TPOA MOU O1-03final.doc Page 1 of 14 Co Effective at the beginning of the pay period closest to July 1, 2003, the base salaries of all bargaining unit employees in the classification of Police Recruit and Police Officer shall be increased by two percent (2%). Article 3. Retirement Plan The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirer:nent System (PERS) in the amount equal to nine percent (9%) of the employee's "compensation earnable." Employees serving in a Classification covered by this Agreement have a vested right to receive all of the retirement benefits entitled them as of the effective date of this Agreement. The City agrees to amend its current contract with PERS in order to provide the 3% @ 50 retirement formula for Local Safety Members (in lieu of the current 2% @ 50 formula) to be effective no later than July 1, 2003. The City will pay the full cost of the 3% @ 50 formula upgrade. All other PERS optional benefits in effect under the 2% @ 50 formula shall remain in effect under the 3% @ 50 formula when implemented. Article 4. Bereavement Leave The City shall provide three (3) days off with pay for the purpose of bereavement leave for all non-administrative and non-management police employees of the City in the event of a death in the immediate family. "Immediate Family" shall be defined as including the sPouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. An employee may use less than three (3) days. Bereavement Leave is intended to allow time for an employee to morn 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 5. Bilingual Compensation The City shall pay seventy-five dollars ($75.00) per month to all non-administrative and non-management police employees who can demonstrate a skill in Spanish at the conversational level, or another language which the Chief of Police and City Manager have approved as being needed in police work. In order to receive such bilingual compensation, an employee shall make application to the Personnel Department and satisfactorily complete a conversational fluency test in such language administered by a qualified person. The bilingual compensation shall commence effective the start of the next pay period following the certification of the test results and notification of the Finance Department by the Human Resources Department. S:\MOU's\TPOA MOU 01-03final.doc Page 2 of 14 Article 6. General Leave General leave with pay shall be granted to each full-time regular and probationary employee at the rates listed below, prorated on a bi-weekly basis for each bi-weekly pay period in which the employee works more than half time. Periods of Service General Leave Hours Per Year 6 months to 1 year 26.67 hours per month 1-5 years 160 6-10"" 208 Over 10"" 248 , Each calendar year employees may accumulate General Leave to a maximum of twice the employee's annual entitlement. Upon reaching the maximum, the employee may continue to accrue General Leave until the end of the calendar year. During the first pay period of each calendar year all unused Leave in excess of the maximum shall be forfeited and no payment shall be made for the forfeited Leave. Upon separation from the City service the employee will be paid for unused Leave, not to exceed the maximum of two (2) years entitlement, at the employee's then current base salary rate. . An employee with less than six (6) months of employment shall be advanced a maximum of twenty-four (24) hours of General Leave that may be used for the employee's absence due to his/her illness, injury, or incapacitation due to pregnancy. If an employee uses advanced Leave and terminates prior to the completion of six (6) months of service, payment received for such Leave shall be deducted from his final paycheck. Article 7. Uniform Allowance The City will provide a uniform allowance of one hundred and sixty-two dollars and fifty cents ($162.50) semi-annually, as well as pay for special motor officer gear and officer public safety leather gear. Article 8. Standby Duty Standby duty for other than court appearances shall be compensated at the rate of two (2) hours straight time for each eight (8) hours required, including holidays. Standby duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours straight time for morning (a.m. hours) appearances and two (2) hours straight time for afternoon (p.m. hours) appearances. If a scheduled stand by is canceled and th~ 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 hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the employee prior to 6:00 p.m. on the day prior, will negate the two hours of standby pay. Employees who are scheduled for standby 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. S:\MOU's\TPOA MOU O1-03flnal.doc Page 3 of 14 If an employee is on standby and the standby status is canceled the employee will still receive the full amount of standby pay appropriate for the time frame involved. - Article 9. Call-Back Duty In addition to standby compensation, if any, officers shall receive a minimum of two (2) hours overtime compensation at time and one-half for any call which required them to return to duty. Article 10. Deferred Compensation The City shall contribute $37.00 per pay period, per employee, to a deferred compensation program or vehicle currently offered by the City. It is the responsibility of all employees to complete the necessary paperwork and take all required steps to enroll in the program. Should employees fail to enroll, the City is under no obligation to make retroactive contributions on behalf of said' employee or employees. Employees hired into the bargaining unit shall be provided with a notification of the deferred compensation program, including the amount of employer contributions, during employee orientation. Article 11. Court Pay Provisions The City shall pay actual time spent in court at a rate of time and one-half to employees who are required to appear in court on behalf of the City during their off-duty hours subject to a minimum of two (2) hours of such compensation for court appearances scheduled in the morning (a.m. hours) and two (2) hours of such compensation for court appearances scheduled in the afternoon (p.m. hours). Article 12. Overtime Compensation The City shall pay all non-administrative and non- management sworn police employees premium pay of time and one-half for all approved overtime hours worked in excess of (1) regularly scheduled hours per shift; (2) hours worked on a day the employee is not regularly scheduled to work; or (3) hours worked in excess of the prescribed hours during the applicable work cycle described in Article 41 (i.e. (a) 10 hours in a 7-day work cycle for employees on the 4/10 work schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5 work schedule; and (c) 80 hours in a 14-day work cycle for employees on the 9/80 work schedule). General leave, compensatory time and holiday hours shall be regarded as hours worked in these calculations; provided however, that standby time shall not be considered in determining entitlement to premium pay. In lieu of receiving cash payment for overtime, an employee may elect the option of accruing compensatory time at the rate of time and a half, and shall have a cap of forty (40) hours placed on the accrual of compensatory time off. S:\MOU's\TPOA MOU O1-03flnal.doc Page 4 of 14 The time during which an employee may take his/her compensatory time shall be subject to approval by the appointing authority or his/her designee with due regard for the wishes of the employee and for the needs of the service. Should this provision be found invalid by an arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of compensatory time shall cease and all accrued compensatory time shall be paid at the employee's current straight time rate. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of forty (40) hours or less at his/her straight time hourly base rate. Article 13. Employee Life Insurance The City will provide life insurance on the life of each regular, permanent full-time, non-administrative, non-management sworn police employee of the City and pay the premiums thereof. The death benefit of said police shall be one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. The City shall also make available, at the employee's option, a supplemental life insurance policy, the death benefit of which shall be $18,000.00. The premium of said supplemental policy shall be paid by the employee. Article 14. Flexible Benefits Plan The Flexible Benefits Plan will be as follows: A. Flexible Benefits Contribution per month per eligible employee. Employee Only Employee + 1 Dependent Employee + 2 or more Dependents Effective January 1,2001 $372 $496 $622 Effective January 1, 2002 UPon request of the Association, to be submitted to the Human Resources Director no later than December 1,2001, the Association may elect to increase its Flexible Benefits Contribution in lieu of an equivalent salary increase as indicated in Article 2. B. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. Employees are required to take employee only dental insurance with premiums to be paid out of their contribution and $16.00 of the contribution constitutes the City payment towards retiree medical insurance. Employees may receive cash or allocate the remaining amount among the following City sponsored programs: S:~vlOU's\TPOA MOU O1-03final.doc Page 5 of 14 . 3. 4. 5. 6. 7. 8. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Program. Dependent Dental Insurance Additional Life Insurance Vision Insurance Deferred Compensation Section 125 Dependent or Medical Care Reimbursement Programs Eligible Catastrophic Care Programs 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. Co Employees who do not take medical insurance through the program offered by the City shall receive $120.00 per month in lieu of the flexible benefits 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. D. Section 125 Program The Section 125 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 for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. Article 15. Educational Incentive Pay The City shall provide educational incentive pay as an incentive for employees to improve their level of education in relevant fields beyond the expected level for their position. Degree in Related Field Police Officer AA Degree or its equivalent Bachelor's Degree $125/mo. $250/mo. An equivalent to an A.A. Degree shall include continuing active enrollment in a Bachelor's curriculum with over half the course work completed. A reasonable interpretation of the related nature of the degree fields shall be made by the Human Resources Director. S:\MOU's\TPOA MOU O1-03final.doc Page 6 of 14 Article 16. 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 will be eligible for reimbursement by the City of tuition for professional and technical courses subject to the following conditions and related Codncil Policy statements: A. Bo Co Do Department Head and Human Resource Director approval must be obtained before enrollment in the course. Reimbursement shall be made of 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. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same course. Reimbursement for up to $500.00 each calendar year if the employee is attending a community college or $1,000.00 each calendar year if the employee is attending a four year college or university will be paid upon receipt by the Personnel 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 $750.00. Article 17. Holidays The following shall be paid holidays for all full-time regular and probationary employees in permanent positions. January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 The Thursday in November designated by the President or Governor as Thanksgiving Day The day following the Thursday in November designated as Thanksgiving Day Day before the Christmas Day Holiday December 25 Day before the New Year's Day Holiday New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Holiday Eve Christmas Day New Year's Holiday Eve S:\MOU's\TPOA MOU O1-03final.doc Page 7 of 14 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. On December 1 of each year, a regular or promotional probationary employee may request a cash out of his/her holiday credit for the following year in lieu of having time off. The request may only be for all cash, all General Leave, or on-half cash/one-half General Leave. The request shall be in writing and is irrevocable. Payment for the holiday time shall be made in January 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 employee shall reimburse the City for the overage. For each designated holiday not cashed out full-time regular and probationary Police personnel on shifts will receive General Leave at the rate of eight (8) hours for each holiday. Full-time regular and probationary Police personnel not assigned to shifts will receive General Leave at the rate of eight (8) hours for each holiday or equivalent paid time off. If a non-shift employee's scheduled day off falls on the day of the holiday, he/she shall be credited with General Leave at the rate of eight (8) hours for each holiday. It is permissible for a non-patrol officer to work at his/her regular assignment on a holiday for which he/she has been paid if she/he elects to do so. However, the department maintains the right to assign officers to any function when extraordinary circumstances arise. If the number of regularly scheduled paid hours in a work period is less than that prescribed in Article 40, the employee may use accrued compensatory time or general leave to ensure that the prescribed hours will be paid in that period. Article 18. Manaqement Rights Clause Except as otherwise specifically provided in this memorandum, the Personnel Rules & Regulations and Departmental Regulations, and amendments and revisions thereto, will remain in force and effect, whether exercised or not, and they are the sole and exclusive right and functions of management including, but not limited to: The right to contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities. The right to 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. S:~vlOU's\TPOA MOU O1-03final.doc Page 8 of 14 The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay-off or discharge any employee. 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.- Nothing contained herein shall be construed as a waiver by the Tustin Police Officers Association of any right to meet and confer and/or represent its members pursuant to the Meyer-Milias-Brown Act on any other applicable State or Federal law. Article 19. Scope of Rene~otiation at Conclusion of Contract All provisions of this agreement and other conditions of employment appropriate to the meet and confer process shall be subject to reneg0tiation at the conclusion of the contract period and may thereafter be included in the meet and confer process at the request of either party. Article 20. Administrative Requlations The City Manager may issue written administrative personnel regulations designed to augment or clarify the provisions of this memorandum. Article 21. Application of Aqreement The parties agree that the term "employee" whenever used herein, whether singular or plural, means and applies only to those employees of the City included within the representative unit, represented by Tustin Police Officers Association, and that this memorandum covers only said employees. It is not solely limited to the members of the Tustin Police Officers Association. Article 22. Gender Words used in this memorandum in the singular include the plural, and the plural include the singular. Words appearing in the male gender include the female gender and the female gender include the male gender. Article 23. Retiree's Health Insurance The City will contribute a maximum of $150.00 per month tOwards the payment of medical insurance premiums for employees who retire from the City of Tustin after October 1, 1993. Such contribution is supplemental to the $16.00 per month City contribution to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribution. TPOA will participate in a joint labor-.management committee to explore funding alternatives that involve employee contributions to fund premiums in excess of the City's contribution for retiree health insurance. 'Article 24. Severability If any part of this memorandum is rendered invalid by reason of any existing or subsequently-enacted legislation., governmental regulation or order or decree of court, the invalidation of such part shall nOt render invalid the remaining parts. S:\MOU's\TPOA MOU O1-03final.doc Page 9 of 14 Article 25. 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, sale, transfer or assignment of either party hereto. Article 26. Ratification This memorandum contains all the terms and conditions agreed to between the parties. This memorandum shall be of no force or effect unless or until duly approved adopted, ratified, and agreed to by the City Council of City, or in the alternative, that all of the substantive provisions contained herein are adopted by resolution of the City Council. Article 27. Amendments This memorandum can be altered or amended only by written agreement between the parties hereto. Article 28. Notices Notices hereunder shall be in writing and, if to Tustin Police Officers Association, shall be mailed to President, Tustin Police Officers Association, Post Office Box 1516, Tustin, Ca 92780; and, if to City, shall be mailed to; City Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780. Article 29. Term of Aqreement This Agreement shall be and remain in effect from January 1, 2001 to and including December 31,2003. All provisions set forth herein shall be effective as to non-administrative and non-management sworn police employees of the Tustin Police Department as of January 1, 2001, unless otherwise specifically provided. Article 30. Conclusion of Aqreement This agreement shall contain all of the covenants, stipulations and the provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this agreement are covered by existing ordinances, resolutions, policies and practices of the City as well as the Personnel Rules & Regulations presently in effect. Therefore,' for the life of this agreement, neither the City or Tustin Police Officers Association shall be compelled to meet and confer concerning any mandatory bargaining or meet and confer issue, whether specifically met and conferred about prior to the conclusion of this agreement or which may have been omitted in the meeting and conferring which led up to the conclusion of this agreement, except by mutual agreement of the parties. Notwithstanding the provisions of this Article, the parties do agree to reopen the meet and confer process upon request over proposed changes to City Personnel Rules and Regulations. Changes to Personnel Rules and Regulations shall be 'implemented only upon mutual agreement of the parties. S:ffvlOU's\TPOA MOU O1-03flnal.doc Page 10 of 14 Article 31. No Chancre of Benefits During the life of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. - Article 32. 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 33. Probationary Period Resolution No. 88-103, Section 7, is modified to include a probationarY period of not less than eighteen (18) months for new hire police officers. This extended probation period shall not affect an employee's entitlement to periodic merit increases (Resolution No. 88-103, Section 5 (E)). Article 34. Career Officer Proqram Officers qualifying under the Career Officer Program as outlined in the Police Department General Order Manual shall be eligible for additional compensation in accordance with the following: Level Increase in Base SalarY Senior Officer I 2.5% Senior Officer II 4.5% Master Officer 6.5% Article 35. Lonq-Term Disability (LTD) Plan Ao The Long-Term Disability Insurance Plan specifically for sworn police personnel currently in effect shall continue in full force and effect during the term of this agreement unless changed by the mutual agreement of the City and Association. Bo In addition to provisions of the Long-Term Disability Insurance Plan, the City agrees to pay the same salarY benefit paid by the Plan for disability leave which occurs after the employee has used eighty (80) consecutive hours of general leave during the 30 day period beginning with the 1st day of the leave. Co Flexible benefits will be continued for ninety days of a disability leave and such time Will be counted towards satisfying Federal FMLA and State of California FRA requirements. Do It is understood that proof of coverage is to be submitted to the City upon request and eligibility for City benefits provided in B and C of this Article is conditioned upon the City's receipt of proof of disability. S:\MOU's\TPOA MOU O1-03flnal.doc Page 11 of 14 Article 36. Special Assignments Except as indicated, employees assigned and engaged in the performance of work that constitutes the following special assignments shall receive, in addition to their regular compensation, premium pay in the amount of two and one half percent (2 1/2%) of base salary provided that at no time may an employee receive more than one (1) special assignment pay premium. Area Resource Officer Community Resources Officer Investigator DARE Officer Gang Unit Officers Field Training Officer K-9 Officer Motor Officer Personnel and Training Officer School Resource Officer 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 without cause, and without any right to challenge such action pursuant to the City's grievance or appeal procedure or pursuant to Section 3304(b) of the California Government Code. Article 37. Shift Differential Employees whose regular shift is the graveyard shift (shift begins at 6:00 p.m. and ends at 6:00 a.m. the following day) shall receive $50.00 per month for each month worked on said shift. This differential is designed to compensate the employee for the inconvenience of working this particular shift. Article 38. Substance Abuse Testing The City and T.P.O.A. agree to meet and discuss substance abuse testing during the term of the M.O.U. Absent mutual agreement of the parties, no such testing may be implemented. Article 39. Disciplinary Ap~3eals Resolution No. 88-103, Sections 11 and 12 are superseded by the "Third Party Advisory Process for Disciplinary Appeals" attached as Exhibit B. Article 40. Work Schedules A, Department work schedules include the 4/10 work schedule; (in a 7-day work cycle the employee works four 10-hour days where the scheduled work shift commences and ends at the same time each day, with three consecutive days off) and the 3/12.5 work schedule, (in a 28-day work cycle the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each day, with 4 consecutive days off, in each seven (7) calendar day period, except that the employee must work one additional 10-hour'shift during the work cycle).as follows: S:~MOU's\TPOA MOU O1-03final.doc Page 12 of 14 4/10 (1) Traffic and Investigation Divisions, (2) Employees in special assignments [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 (in a 14-day work cycle the employee works eight 9-hour days where the scheduled work shift commences and ends at the same time each day, and one eight-hour work day, with one period of 3 consecutive days off and one period of two consecutive days off.) or some other schedule upon mutual agreement of the Department and employee]. 3/12.5 Patrol Bo Employees assigned to special task forces or regional teams will work the hours that the team works. C, The Department shall continue the present practices of (1) rotating shift assignments on a regular basis at 6-month intervals; (2) allowing employees to sign up for and select shift assignments based on seniority; and (3) limiting an employee to 12 consecutive months on any shift assignment. Do Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. In witness whereof, the parties hereto have executed this document this day of , City of Tustin Tustin Police Officers Association William A. Huston, City Manager Gordon Margulies, President Arlene Marks, Director of Human Resources Tony Bryant, Vice President Ron Nault, Director of Finance Pam Hardacre Robert Schoenkopf, Captain Michael Lamoreaux S:\MOU's\TPOA MOU 01-03final.doc Page 13 of 14 ATTACHMENT A SIDE LETTER AGREEMENTBETVVEEN TUSTIN POLICE OFFICERS ASSOCIATION AND THE CITY OF TUSTIN The City and Tustin Police Officers Association (TPOA) agree the cost factor used for implementation of the 3% @ 50 PERS Retirement benefit, included in the contract between TPOA and the City of Tustin, is nine percent (9%). For the contract negotiations for a successor Memorandum of Understanding, the four and one-half percent (4.5%) remaining cost of the 3% @ 50 PERS Retirement benefit shall be considered. Employees who are ill or become injured, and such illness or injury is expected to last in excess of one payperiod, shall utilize appropriate charge codes to account for hours not worked based on the employee's work schedule. Effective at the beginning ofthe next pay cycle the employee shall revert to a 5 day/40 hour schedule for payroll purposes. In the event the employee is reimbursed for general leave or other time utilized, such reimbursement shall be at the rate. of 8 hours per day (not to exceed 40 hours per week) back to the first day of the illness or injury. S:\MOU's\TPOA MOU O1-03final.doc Page 14 of 14 · . Exhibit B TH/RD PARTY ADVISORY PROCESS'FOR DISCIPLINARY APPEALS 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" adv. isory process is the step b&ween 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 h~s the. fight, within 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 10 days. .. The employee's request for the next level of appeal must be' addressed to the Senior personnel · Analyst and received in the Pei:s°nnel Office. Ko that same is date stamped by the Personnel · Office within the 10-day period,. If, within the 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 p/'escribed. Ifwithin the 10-day appeal period, the employee ifivolved files' such notice of appeal by giving written notice. of appeal to the Senior PersonneI Analyst, · . an appeal heating shall be established as 'follows: ' · A.' if a single third party hearing officer cannot be agreed upon' by the Senior personnel Analyst and the employee's representative (or employee alone if unrepresented), the American Arbitration Association shall be requested to' submit a list .of .7 persons 'qualified tO' act as/irbii'e~s't6 the City and employee. Within. 10 days following receipt of the list of arbiters, the parties shall meet to select the arbiter. - The parties shall alternately strike 1 name from the list of arbiters (the .fight to strike the first name. to be determined by lot) until 1 name remains, .and that person, shall be the arbiter. . · B. Where practicable, the date for the hearing shall not be less than 20 days, nor more than ..60 days, from the date'of the filing of the appeal with the Senior Personnel Analyst. The parties .may stipulate to a longer or shorter period of time in which to heir the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. C. D. .Mi hearings shall be private provided,, however, that the arbiter shall at the request Of the. employee, open the hearing'to the public. · Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party, not less than 5 Working }:lays, prior to the commencement of such hearing. After the commencement of such ' ~' ..- heann=, subpoenas shall be issued °nly at the .... discretion of the arbiter. The hearing ne_~4_ not be cOnducted in accordance with technical rules relating to evidence and wimesses. Any relevant evidence shall be admitted if it is the sort of evidence on Third Party Advisory Process for Disciplinary Appeals Fo Page 2 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 actitns. The rules of privilege shall be effective to the same ex'tent that they are now or hereafter may be recogn, ized in. civil and criminal actions, and irrelevant and unduly repetitious evidence shall be' excluded. The arbiter sh~l not be bound by technical rules 'of evidence. The arbiter shall rule on the admission or exclusion of' evidence. .. .' · . . 'Each party shill have these fights: To be" represented by legal counsel or ~)ther person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses or any matter rele~,ant to the issues even though that matter was not covered in the direct examination; to impeach any.witness reiaz~lless of which party first ca'ed him/htr to testify; 'and to rebut the evidence against him/her. I'f the respondent does not testify in his/her own ,behalf, he/she. may be called and' examined ~ if under cross-examination.-Oral evidence'shall be t_~ken onl. y on oath Or'affirmation. A court.. 'reporter will be ~ngaged to record"the hearing, unless the parties-(City, arbiter, employee/employee representaiive) muumlly, agree that same is not neces~. The hearing sMll proc_.~ in the fo~owing, order, unless the arbit.er, for special reason, otherwise directs: . ': '.-:-%-. .' 1..~" The party im .posing discipline"~hall be Perrriitte~ to make an opening Statement; · · 2. The appe_.~ling p~y shall then bi permit/ed to make .an opening statement; · · 3. The party imposing disciplinarj action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence; .. 4. The party appealin'g 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 affwmative defenses asserted; · . 5. The parties may then, in order, respectively'offer rebutting evidence only, unless the arbiter for good re. ason, permits them to offer evidence upon their original · C2.Se. . 6. Closing ar~mcnts shall be permitted and written briefs may be permitted at thc discretion of the arbiter. MO~:DISC. APFL.PO. g/gg I'hind Party Advisory Process for Disciplinary Apptals Page 3 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 excludM 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 htaring, may' grant a continuance for any reasons he/she believes to be important to reaching a fair and pro'per 'decision. The arbiter shall render his/her judgement as soon after the conclusion of the .hearing as possible and in no event later than. 30 .days after conducting a hearing. His/her decision shall set forth findings of fact and conclusions. The opinion shall be advisory only.- .. I. Je The arbiter may recommend susta/ning or rejecting any or all of the charges fried aga/nst ' 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 empl6yee, and the Senior Personnel Analyst and shall set forth his/her findings'and recommefidafions. If it is a disrrfissal heating 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 t/me on or after the date of disciplinary action. .. Within 30 .days oi' the receipt of 6e arblter's findings and recommendations, and transcript (which is optional only in certain ca.5. es), whichever date is later, the City Manager shall adopt, amend, modify or reject the recommen'ded find.ings, conclusions, and/or opinions of the arbiter. Prior to making a decision which 'modifies or rejects the recommendation of the arbitrator, the City Manager shall order and read the transcript of the Third Party Advisory Process. Prior to making a decision Which supports the arbiter, the City Manager may order and read the subject transcript, at' his/her option,. allow limited omi arguments and/or may request and review written statements from either side. 'The decision of the c!ty Manager shall be final and conclusive. Copies of the City Manager's decision, including the arbiter"s recommendation(s) shall be filed where, appropriate, including the employee's personnel- ftc, unless no discipline is upheld by the City Manager. Each party shall bear equally the cost of facilities, fees and expenses of the arbiter, including the court reporter and transcripts. If the City Manager orders a .transcriPt for his/her review,, the City shall bear the cost of providing the transcript. Each party shall bear i~s own w/mess and attorney fees. If either party unilaterally cancels or post'pones a scheduled arbitration, thereby resulting in a fee charged by the arbiter or court reporter, then the party responsible for the cancellation MOU:DISCAPPL.PO, 8/88 Tlu'rd larry Advisory Proctl$ for Disciplina~ ApptaIs Page 4 or postponement shall be solely resp~nsibie for'payment of that fee. This process shall not apply to mutual settlements by the parties which result in an..arbitration fee:. . · I~t the ca.se of suspension~ demotion, reduc~on in salary, or dismissal prescribed by the City Manager,-the time of such suspension, demotion or dismissal shall be effectiv6 from the fLtst day after such delivery of said decision or shall relatg back to be effective as of . the date the employee was suspended from du~y pending hearing before and decision' by the City Manager, whichever is applicable.' If discipline imposed resulted in loss of pay, the 15aY loss shall b'e restored to the employee based on the number of standard work hours 10st computed at Ms/her then base hourly rate.. The provisions of Section 1094.6 of th~ Code of Civil Procedure shall be applicable to proceedings under this Section. · MOU:DLSC. APPL-PO, $/S[