HomeMy WebLinkAbout03 TPSSA MOU 12-04-00 i~IU.
AGENDA RF' ORT
-
MEETING DATE: DECEMBER 4, 2000
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
ARLENE MARKS, DIRECTOR OF HUMAN RESOURCES
POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM OF
UNDERSTANDING
RECOMMENDATION:
Adopt Resolution No. 00-86 amending the City's compensation plan, approving the two-
year Memorandum of Understanding for the Tustin Police Support Services Association.
FISCAL IMPACT: $129,672 over a two year period.
BACKGROUND AND DISCUSSION:
The Tustin Police Support Services Association (TPSSA) consists of approximately 37
employees holding non-sworn support positions in our Police Department. This
bargaining unit currently has a two-year contract that will expire on December 31, 2000.
The City began its discussions with TPSSA for a successor Memorandum of
Understanding (MOU) in October, pursuant to parameters established by the City
Council at its October 2, 2000 meeting.
Attached is a proposed successor MOU for TPSSA. This contract has been negotiated
within the parameters established by the City Council. Ratification by the membership
is underway and we anticipate the contract will be ratified prior to City Council meeting
where this item is scheduled for the Council's consideration.
The most significant terms of these multi-year agreements are as follows:
· Term
· Salaries
· Flexible Spending
· Title Changes
Two years, January 1, 2001 - December 31, 2002
January 1, 2001, an increase of 3%
January 2002, an increase of 4.25% (salary. or flex)
January 2001, an increase of approx. $50/mo.
Records Clerk to Police Support Specialist
Records Leadworker to Police Support Leadworker
Property Officer to Property & Evidence Leadworker
· Reduction in the LTD leave of absence provisions from two years to one year
with eligibility for an extension of up to 6 months.
· Provisions for court standby pay.
· Change in the time at which the shift differential pay becomes effective.
· Agreement for the City to review training pay for unit employees.
· Agreement for the City to review the classification of Property & Evidence
Leadworker and maintain its salary alignment at 15% above its highest paid
subordinate.
· 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.
In the event the costs associated with the first year of this contract 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 year two of the contract will be included in the appropriate future
years' budgets.
Staff believes this contract meet the needs of the City and TPSSA. Further, we believe
it will enable us to continue to be competitive in our efforts to recruit and retain highly
qualified individuals for support services in our Police Department.
Arlene Marks, SPHR
Director of Human Resources
Attachments: Resolution 00-86
City of Tustin and Tustin Police Support Services Association MOU 2001-02
U:\Staff Report\Staff Report TPSSA MOU 01-02.doc
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
23
24
25
26
27
28
RESOLUTION NO. 00-86
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 SUPPORT SERVICES
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 Support Services Association, hereinafter referred to as
"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,
salaries, fringe benefits and conditions of employment effective January 1,
2001 through December 31,2002 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 TPSSA MOU 01-02.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Passed and adopted at a regular meeting of the Tustin City Council held
on the 4th day of December, 2000.
JEFFERY M. THOMAS, MAYOR
ATTEST:
CITY CLERK
S:\MOU's\RESOLUTION TPSSA MOU 01-02.doc
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
TERM- JANUARY 1, 2001 TO DECEMBER 31, 2002
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.
Article 41.
Article 42.
Article 43.
Article 44.
Article 45.
Attachment
Attachment
Represented Classes .............................................. ' ................................................. 1
Compensation .......................................................................................................... 1
Uniforms ................................................................................................................... 2
Bilingual Compensation ............................................................................................ 2
Retirement ................................................................................................................ 2
Overtime Compensation ........................................................................................... 2
Employee Life Insurance .......................................................................................... 2
Flexible Benefits Plan ............................................................................................... 3
Retiree's Health Insurance ....................................................................................... 4
Bereavement Leave ................................................................................................. 4
Holidays ................................................................................................................... 4
General Leave .......................................................................................................... 5
LTD Leave of Absence .......' ...................................................................................... 6
Compensatory Time ................................................................................................. 6
Rest Periods ............................................................................................................. 6
Leaves ..................................................................................................................... 6
Stand-by Duty .......................................................................................................... 6
Call Back Duty .......................................................................................................... 7
Tuition Reimbursement ............................................................................................ 7
Work Schedule ......................................................................................................... 7
LTD Plan .................................................................................................................. 8
Shift Differential ........................................................................................................ 8
Acting Pay..i ............................................................................................................. 8
Lunch Pay ................................................................................................................ 8
Training Pay ............................................................................................................. 8
Classification Review & Salary Alignment ................................................................. 9
Performance Evaluations ......................................................................................... 9
Appeals and Hearings/Grievance Procedure ............................................................ 9
Severance Pay and Assistance to Layoffees ............................................................ 9
Family Leave ...................... ' ...................................................................................... 9
Management Rights Clause ..................................................................................... 9
Scope of Renegotiation at Conclusion of Contract .................................................. 10
Due Process Rights ................................................................................................ 10
Application of Agreement ....................................................................................... 10
Gender ................................................................................................................... 10
Severability ............................................................................................................. 10
Binding on Successors ........................................................................................... 10
Ratification ............................................................................................................. 11
Notices ................................................................................................................... 11
Subject to State Law ........................................................................ ...................... 11
Conclusion of Agreement ....................................................................................... 11
No Change of Benefits ........................................................................................... 11
Membership Meetings ..................................................................................... : ...... 11
Reopener ............................................................................................................... 12
Term of Agreement ................................................................................................ 12
A- Grievance Procedure
B - Headngs and Appeal Procedure
S:MVIOU's\TABLE OF CONTENTS TPSSA 01-02.doc
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
Calendar Years 2001 and 2002
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,
hereinafter ",City," the City's representatives have met and conferred in good faith with
representatives of the Tustin Police Support Services Association, 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
WHEREAS, the Association is the majority representative of City employees in the
representation unit, titled Police Non-Sworn, comprised of all full-time non-sworn, non-
administrative, and non-management employees of the Police Department, City of Tustin
for the purpose of representation on issues of wages, hours, and other terms and
conditions of employment and as such majority 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 1. Represented Classes. The classifications that comprise the Police Non-
Sworn Representation Unit are as follows:
Communications Officer
Community Services Officer
Lead Communications Officer
Parking Control Officer
Police Services Officer
Property & Evidence Technician
Property & Evidence Leadworker
Police Support Specialist
Police Support Leadworker
Article 2. Compensation.
A.
The base salary rates of represented classes shall be increased in accordance with
the following:
Effective January 1, 2001 - All represented classes - Three percent (3%).
Effective at the beginning of the pay period closest to January 1,2002, the salaries
of all bargaining unit employees in the rePresented classifications shall be increased
by four and one-quarter percent (4.25%). 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:~VIOU's\TPSSA 01-02final.doc
Page 1 of 12
B. Resolution #88-103. SECTION 5. SALARY ADMINISTRATION, F. Salary in other
Instances, (2) Salary on promotion, shall be amended to provide that upon a
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 of the class to which he is promoted.
Article 3. Uniforms. The City will provide a uniform maintenance allowance of two-
hundred and fifty dollars ($250.00) annually for those employees required by the City to
wear uniforms full time. An employee who wears a uniform half-time shall be compensated
at fifty percent, an annual amOunt of one hundred and twenty-five dollars ($125.00)
Article 4. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per
month to employees in City designated positions who can demonstrate a skill in Spanish at
the conversational level, or in another language which the City Manager has approved as
being needed for City business. Should a conflict arise regarding designation of an
employee for compensation, proficiency and need shall determine who is eligible.
Management will determine where and when the need is greatest, and management will
devise and administer a testing vehicle to determine degrees of proficiency.
Article 5. Retirement.
A.
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 seven percent (7%) 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 agreement. Employees serving in a
classification covered by this agreement participate in the PERS 2% @ 55
Supplemental or Modified Formula for Local Miscellaneous Members
Article 6. Overtime Compensation. All repreSented employees shall receive premium
compensation of time and one-half for all approved overtime hours worked in excess of; (1)
regularly scheduled hours per shift or (2) forty (40) hours worked in a seven (7) day work
period. General Leave, Compensatory Time 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 premium compensation.
Article 7. Employee Life Insurance. City will provide life insurance on each life of each
regular, permanent full-time, non-administrative, non-confidential, non-management
general employee of the City and pay the premiums thereof. The death benefit of said
policy shall be the greater of $50,000.00 or one hundred percent (100%) of the employee's
base annual salary to the nearest multiple of $1,000.00.
S:~MOU's\TPSSA 01-02final.doc Page 2 of 12
Article 8. 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.
Bo
Employees who do not take medical insurance through the program offered by the
City shall receive $120 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 has medical insurance coverage comparable to
coverage available through the City program.
Co
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 of the contribution constitutes the City payment towards
employee medical insurance. Employees may allocate the remaining amount
among the following programs:
o
.
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.
S:~IOU's\TPSSA 01-02final.doc
Page 3 of 12
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.
Article 9. 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.
TPSSA 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 10. Bereavement Leave. City will allow up to three (3) days with pay for the
purpose of bereavement leave for all non-administrative, non-confidential, and non-
. management general employees of'City in the event of a death in the immediate family.
"Immediate Family" shall be defined as including spouse, mother, father, brother, sister,
child, grandparent, and grandchild of the employee or the employee's spouse.
Article 11. Holidays. 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
Thursday in November
designated by the President or
Governor as Thanksgiving Day.
Day following 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 Eve Holiday
Christmas Day
New Year's Eve Holiday
S:~/IOU's\TPSSA 01-02final.doc Page 4 of 12
Ao
When a holiday falls on a Sunday, the following Monday will be observed instead.
When a holiday falls on a Saturday, the preceding Friday will be observed instead.
During the term of this agreement, when a holiday falls on a Friday that is not a
workday the holiday will be observed on the following Monday. For each holiday,
full-time regular and probationary personnel on shifts will receive eight (8) hours of
General Leave for each day or equivalent pay, whichever, in the judgement of the
Personnel Officer, best serves the interest of the City. Full-time regular and
probationary personnel not assigned to shifts will receive paid time off; eight (8)
hours for a day. If a non-shift employee's scheduled day off falls on the day of the
holiday, he shall receive eight (8) hours pay for each day.
If the number of hours paid on a holiday is less than the hOurs that would be paid if
the employee worked his regular shift, credited compensatory time or general leave
will be used to ensure that hours paid Will be equal to what he would receive for his
regular shift.
Bo
On December 1 of each year, a regular and promotional probationary employees
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. This notification 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 overage shall be
deducted from his/her final check.
Article 12. General Leave. General leave with pay shall be granted to each full-time
regular and probationary employee at the rate listed below per year, 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
Ao
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:~vIOU's\TPSSA 01-02final.doc
Page 5 of 12
B,
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 her/his 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 '13. LTD Leave of Absence. An employee receiving LTD benefits under the City's
program will be granted a leave of absence without pay for the duration of his/her disability
subject to a maximum period of one(l) year. Employees remaining on long term disability
benefits longer than one year may receive a leave extension of up to an additional six (6)
months with City Council approval.
An employee on leave pursuant to this section shall be reinstated to his/her position held
immediately prior to the disability leave, provided said position has not been eliminated due
to a reduction in force, pursuant to receiving a 'release to return to unrestricted and
unmodified duty by the employee's attending physician..
Any unit employee on long term disability leave prior to implementation of this contract,
pursuant to Article 13 of the previous TPSSA MOU, shall continue to be entitled to a leave
of absence for a period of time not to exceed 2 years.
Nothing contained in this Article is intended to conflict with or waive employee rights under
State or Federal law including the Americans with Disabilities Act.
Article 14. Compensatory Time. Employees will be paid for all compensatory time 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.
Article '15. Rest Periods. 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.
Article 16. Leaves. Resolution #88-103 will be amended to provide that needs of the
employee will be considered in the granting of leaves of absence and employees may
request a leave of absence without pay to serve as a volunteer for a certified relief
organization.
Article 17. Stand-by Duty. Employees assigned to stand-by 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 stand-by duty.
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.
S:~IOU's\TPSSA 01-02final.doc Page 6 of 12
If a scheduled stand by 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.
Article 18. Call Back Duty, Employees shall receive a minimum of two (2) hours
overtime compensation (time and one-hal0 for any call which requires them,to return to
duty.
Article 19. 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 of eligible expenses by the City
for professional and technical courses subject to the following conditions and related
Council Policy statements:
Ao
Department Head and Human Resource Director approval must be obtained before
enrollment in the course.
B.
Reimbursement shall be 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.
C.
Tuition reimbursement shall not be made if the employee is drawing veteran's
education benefits or any other reimbursement for the same courses.
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 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 20. Work Schedules.
A°
Subject to the conditions in this Article the City will continue 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) for all employees except Communications Officers, Records
Clerks or designated Police Services Officer who work either a 3/12.5 schedule, (in
a 14-day work cycle there are 6 work shifts divided into 3 consecutive shift.
segments with each shift consisting of 12 hours work time and 1/2 hour lunch period
plus 1 work shift of 8 hours work time and 1/2 hour lunch period) or 4/10 work
S:~IOU's\TPSSA 01-02final.doc
Page 7 of 12
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) or some other schedule upon mutual agreement of the City
and employee. Continuation of the schedules are subject to 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 schedule. Upon mutual agreement of the City and
employee, schedules other than those defined herein may be implemented.
B,
Any employee's work schedule may be temporarily changed to accommodate
training assignments which are eight (8) or more hours in duration.
Article 21. LTD Plan.
Ao
The ITT Hartford Long-Term Disability Insurance Plan in effect as of January 1,
1999 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.
Article 22. Shift Differential. Any unit employee assigned on a regular basis (ten 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 twenty-five dollars ($25.00) per pay period. The
right to assign and/or reassign an individual to a particular shift is the sole prerogative of
the City. Any such assignment and/or reassignment shall not be subject to the grievance
and/or discipline appeals process.
Article 23. Actinq~ Pay. An employee assigned to work'in a classification paid more than
the classification he/she holds will receive a pay rate which is at least 5% higher than the
rate he/she is normally paid. This rate will be paid after the employee has been in the
assignment for thirty (30) consecutive calendar days.
Article 24. Lunch Pay. An employee required to work through his/her lunch shift 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.
Article 25. Traininq Pay. The parties will meet and review market comparison data on
how training is compensated in the survey cities. Said review shall be completed by March
30, 2001.
S:~IOU's\TPSSA 01-02final.doc Page 8 of 12
Once the review is complete, TPSSA may request the reopening of the meet and confer
process on the subject of training compensation for non-lead positions.
Article 26. Classification Review & Salary Aliqnment. The City shall conduct an analysis
of the the classification of Property & Evidence Leadworker to determine proper internal
alignment by March 30, 2001.
Once the analysis is complete, TPSSA may request the reopening of the meet and confer
process on the results of the City's findings.
The classification of Property & Evidence Leadworker shall be paid at least 15% above
his/her highest paid subordinate.
Article 27. 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 28. Appeals and Hearings/Grievance Procedure. Attachment A is a Grievance
Procedure and Attachment B is an Appeals and Hearings Procedure. These procedures
shall supersede any conflicting provisions of City Resolution #88-103.
Article 29. Severance Pay and Assistance to Layoffees.
A,
Severance pay of one week per year of service subject to a maximum of 4 weeks
pay, will be provided to employees who are laid off and not offered employment
through an agreement between a contractor and the City of Tustin.
B.
Letters of recommendation will be provided for employees whose performance was
satisfactory on the date of their layoff.
Co
Reasonable assistanCe in locating alternative employment will be provided for
employees who are laid off.
Article 30. Family Leave. Consistent with requirements of the Family Medical Leave Act
employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of
attending to personal or family illnesses. During the leave employees will continue to
receive City medical contributions. For all other purposes, FMLA leave shall be treated the
same as other unpaid leaves of absence.
Article 31. Management Rights Clause. Except as otherwise specifically provided in this
resolution, the Personnel Rules & Regulation and Department Regulations, and
amendments and revisions thereto, will remain in force and effect, whether exercised or
not, and they are the sole and exclusive rights and functions of management, including, but
not limited to:
S:~VIOU's\TPSSA 01-02final.doc
Page 9 of 12
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.
Article 32. Scope of Reneqotiation at Conclusion of Contract. All the 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 term of this agreement, and may
thereafter be included in the meet and confer process at the request of either party.
Article 33. Due Process Rights. Due process rights mandated by California statutes or
judicial direction will be observed in the taking of the disciplinary actions as contemplated in
City Resolution #88-103, SECTION 8. ATTENDANCE AND LEAVES, A. Attendance. (4);
SECTION 9. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND
REINSTATEMENT, C. Demotion., D. Suspension; and SECTION 10. SEPARATION
FROM THE SERVICE, A. Discharge. and D. Disability.
Article 34. Application of Agreement. 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 representation unit, represented by Association,
and that this Memorandum covers only said employees. It is not solely limited to the
members of said Association.
Article 35. 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 36. Severability. If any part of this Memorandum is rendered or declared invalid
by reason of any existing or subsequently-enacted legislation, governmental regulation or
order or decree of court, the invalidation of such part of this Memorandum shall not render
invalid the remaining parts hereof.
Article 37. 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.
S:~VIOU's\TPSSA 01-02final.doc Page 10 of 12
Article 38. 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 of City, or in alternative,
that all of the substantive provisions contained herein are adopted by Resolution of the City
Council.
Article 39. 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 92680.
Article 40. Subject to State Law. Any provisions contained in this agreement to the
contrary notwithstanding, the parties expressly understand and agree that City shall not be
required to provide any compensation, fringe, or other benefits to employees which are
contrary to any provisions of State law and/or which will or may result in any limitation,
disability or restriction upon the right of City .to receive funds, share in funds, and/or receive
other benefits from the United States of America, State of California, or any subdivision or
agency of either of them or any other political subdivision or entity.
Article 41. 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 City as Well as the Personnel Rules and Regulations presently in effect.
Therefore, for the life of this Agreement, the City or Association. shall not be compelled to
meet and confer concerning any mandatory meet and confer issue, whether specifically
met and conferred upon 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 42. No Change of Benefits. During the term 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 43. Membership Meetinqs. Each Association member shall be entitled to two (2)
hours per calendar year of paid release time for membership meetings. These meetings
are in addition to the Memorandum of Understanding ratification meetings allowed the
Association. The Association shall provide a minimum of two (2) weeks advanced notice to
the City of such meetings. The two (2) hours per calendar year of release time shall be
used in one (1) hour increments and will be non-cumulative for the next calendar year.
S:~MOU's\TPSSA 01-02final.doc
Page 11 of 12
Article 44. Reopener. The Association reserves the right to reopen the meet and confer
process regarding shift differentials if schedule changes in the Police Department result in
additional employees working more than 50% of their time during the period from 6:00 P.M.
to 6:00 A.M.
Article 45. Term of Aqreement. The term of this agreement shall be from the date of its
execution to and including December 31, 2002.
IN WITNESS WHEREOF, the parties hereto have executed this document this
day of ,2000.
CITY OF TUSTIN
TUSTIN POLICE
ASSOCIATION
BY BY
SUPPORT
SERVICES
William A. Huston, City Manager
Kathy McDermott, President
Arlene Marks, Director of Human Resources Steven Rodwell
Ron Nault, Director of Finance
Adrianna Tokar
Fred Wakefield, Captain
S:~MOU's\TPSSA 01-02final.d0c Page 12 of 12
Attachment A
GRIEVANCE PROCEDURE
· January 1999
II.
ESTABLISHMENT
These procedures are established to provide for the resolution of grievances of employees, employee
'representatives and management.
LIMITATIONS
The procedures set forth in this Section shall apply to all grievances involving employees, employee
organization representatives and management. Excluded from this procedure are ~m-ievances related
to:
(1)
The amendment or change of City Council resolutions, ordinances or minute orders, wMch do
not involve provisions of a Memorandum of Understanding, Personnel Rules and Regalations
or other ageements bem, een the City and employee organization.
(2) Pos./tion classification..
DEFINITIONS
(1)
Grievance: An expressed claim-that there has been a violation, mis/nterpretafion, or
misapplication of a provision Of the Personnel Rules and Reg-ulations or Memorandum of
Understanding, or a violation or potential violation of state or federal law.
(2)
Grievant: An employee, member of City management or an authorized r~resentarive of 'dae
employee organization who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules and Reg21ations, an a~eement between the City and
employee organization, Memorandum of Understanding or violation or potential ~dolation of
state or federal law.
(3)
Grievance Procedure: The process by which the validity of a ~m-ievance is dete _tm/ned and
resolution effected.
(4)
"v days" when used in this section shall be calendar day(s).
Unless otheradse indicated, da, or
PROCEDURE
Step 1. The m-levant shall file his/her m-ievance within ten (10)_ days after the _m-devant lmew, or in
the exercise 0~freasonable diligence should have known, of the events ~ving rise to the ~m-ievance.
The m-ievant shall state the facts necessary to an understanding of the issues involved; refi-ain fi-om
including any unrelated charges; cite the sections of the City resolutions, agreem~t, memorandum
of understanding or rules alleged to have been violated and the remedy soug_ht
V.
If'~he grievant is an emi~,oyee, he/she shall submit the DSevanc m to b2s£~:r irr.xr~ediz~e supervisor,
provided that if the employee suspects or has proof that a federal or state law is being vio!a~ed or is
about to be violated he may file the grievance at Step 2 of tkis procedure. W/thin ten (10) days of
receipt of the form, the supervisor shall inform the grievant ofkis/her decision. Gr/evances submitted
by management and 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.
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 =~r/evant, the
Department Head shall inform the grievant of his/her decision.
Step 3. If the grievance is not satisfactorily resolved in Step 2, or in the case of management and
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 submission shall include the original of the ~.m-ievance form and a ~a-itteri statement
of any issues which are in dispute. The City Manager has the sole discretion to hear the _~rievance
him/herself or appoint any City management/supervisory employee (except the employee's
Department Head), or an arbiter, as defined in the Heating and Appeals Procedures, to hear the
_orievance and submit a recommendation as to resolution of the =m-ievance. Upon the request of the
[mployee organization that an arbiter hear the grievance the City Manager shall honor the request with
the grievance then being treated as an appeal to be processed in accordance with [he Heating and
Appeals Procedures.
GEI,~rERAL PROVISIONS
(1)
Prior to fiSng a grievance, the potential ~m-ievant shall discuss the issues of concern with the
person or organ/zafion representative suspected as having violated provisions of the
Personnel Rules and Regulations or Memorandum of Understanding. Upon a showSng of good
cause to the Personnel Officer, such discussion may be waived between an eraployee 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 ~m'/evance and the
employee has reasonable cause to believe that the super~Ssor would not be objective.'
(2)
An employee may obtain a ~ievance form from his/her supervisor or the personnel
department. All documents, c~mmun.ications, 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 m 'aking use of the _m-ievance
procedure by reason of such use.
(4)
Failure by management at any step of ti'tis procedure to communicate their decision on the
grievance within the specified time limits shall permit the _m'ievant to proceed to the next step.
A-2
(5)
(6)
(7)
An employee or management grievant shall be entitled to be prese,nt at ail ?.=s of the
procedure.
Failure by the grievant to appeal a decision on a grievance within the specified tim: ii.mits shall
be deemed acceptance of the decision rendered.
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.
Employee Representation
An employee may represent hirr~erself or be represented by a representative of the employee
organization.
(2)
If an employee chooses no~ to be represented by the employee organization and *2~e subject of
the grievance involves MOU or other provisions which have been negotiated bem,een the City
and the employee organization, the orgarfization may have staff representatives present
be_oSnning with Step 3, and shall have the fight to present the or=arnzatmn s interpretation of
the provisions at issue. Such presentation shall not include comments regarding me merits of
the grievance.
Oriev-pro99-fin
A-3
Auachrnent B
HBAKINGS AND APPBAL$ PROCBDD?d~S
PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS
.A. p_re-discip]ina~_ Heafin~s_. An employee who has attained a regular appointment
shall have the fight to a pre-disciplinary hearing 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 hearing will be'conducted by the Department Head or designee as soon
as practicable after the action has been ia.ken. ·
·
B. Procedure fo'r Pre-disciplinary Hearings. Notice of a proposed disciplinary action
s-hall be provider to the employee including a statement of the proposed action, the
reasons therefor, and a copy of the charges and malerials upon which the action is
based. The employee shall have ten (10) days to respond orally, in writing, or both
to the charges. Witl~n ten (10) days of the emp]oy%'s response, s/he will be ad¼sed
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,'~he reasons
therefor, and the employee's right to appeal.
C. Post-Discipline Appeal. Within ten (10) days after receiving the _Notice of
Disciplinary Action th~' employee may appeal the action in writing to the City
Manager.
Do
go'
Effective Date of Disci¢linarv Action.
The availability of appeal rights or the filing of an appeal shall not be interpreted as s:aying
· the effective date of a disciplinary action stated in the Notice of Disciplinm-y 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.
Unless otherwise indicated, "day or days" when used in th/s section shall be calendar day(s).
APPEALS PROCEDURE
A. If a iimely appeal is filed as provided in the GRIEVANCE PROCEDURE' or PRE-
DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS the City Manager may
hear the appeal or appoint any City management/supervisory employee or arbiter to hear
the appeal.
B. An "arbiter" is a person w/th experience acting as a hem';rog 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
C.
In the event that the employee organization requests thai an arbiter hear the appeal, such a
request will be honored. The arbiter shall be chosen from a panel of 3 arbiters which shall
consist of 1 arbiter selected by the Association, 1 selected by the City and 1 selected
throufla a drawing involv/ng 6 names of arbiters; 3 chosen by the association and 3 chosen
by th~ City. The panel shall be used for all hearings conducted during the term of this
III.
D,
Eo
a~¢z~¢n~ _.~e£s chanEed by ~utuz] a~rce~t of z,. _i~' and Association.
The first pane] arb{ret to be used will be se]ecied by a drawing; thereafter ihe ba~{~ of
selection will be rotation with the first arbiter placed in the number 3 position.
If the appeal is heard by anyone other than the City Manager, the heating officer shall
submit a written report outlining his&er findings, conclusions, and recommendations to
City Manager.
Within ten (10) days of the receipt of the hearing officer's report or thc conclusion of thc
hearing if it was conducted by the City Manager or his&er City appointee the City Manager
shall provide his&er written decision to the employee.
HEARINGS
A.
B.
D,
E.
Where practicable, thc 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 'a~ee to a longer or shorter period of time.
A~I hearings involving disciplinary action against an employee shall be closed to the pffDl~c
unless the affected employee requests that the heating be open to the public.
The hem-lng need not be conducted in accordance with technical rules relating to ovid=ncc
and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on wbdch
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless o£
exislence of any common law or statutory rule which might make improper admission
such evidence over objection in civil actions. Hearsay evidence may be used £or the
purpose of supplementing or explaining any direct evidence but shall not be sufficient in
itse!f:o support a finding unless it would be a&nissible over objection in c~vil actions. The
ruies of privilege shall bc effective to the same extent that they are now or hereafter n~y be
reco~zed in civil and criminal actions, and irrelevant and unduly repetitious evidence shall
be e~cluded. The hearing officer shall not be bound by technical rules of evidence. The
hem-ing officer shall rule on the admission and exclusiOn of evidence.
Each party shall have these tights: To be represented by legal counsel or other person of
Ms/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 h~,--~.ram:
to testify; and to rebut the evidence against him/her. If the respondent does not tcsfi~ in
her&is own behalf, s&e may be called and examined as if under cross-examination. Oral
evidence shall be taken only on oath or affirmation. Upon the mutual ageement of the
parties a court reporter will be engaged to record the hearing, provided that either party, may
engage' a reporter with the understanding that there will be no cost to the other part)..,.
The hem'Lng shall proceed flu the following order, unless the hearing officer, for ~ecial
reasons, otherwise directs:
Opening statements shall be permitted with the complainant proceeding fir~.
(2)
In the presentation of cases, the. party bearing the burden of proof shall make the
first presentation. If witnesses are called, the opposing party sha]] have the right to
cross-examine the witnesses on any matter relevant to the issues, even thou~ that
matter was not covered on direct examination.
B-2
P.
G.
H.
(3)
The, ~les may then, ;n order, respectively o. .,.o~.L,ns evidence on]y, unless
the hearing officer for good reason, pe~wnits them to offer evidence upon ~heir
original case;
(4) Closing arguments and written briefs shall be permitted.
(5)
The heating officer shall determine the relevancy, weight, and credibility of
testimony and evidence. S/he 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 telev/sion
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 s/he
believes to be important to reaching a fair and proper decision.
(6).
The hearing officer shall have no authority to amend, alter, or modify a
Memorandum of Understanding or any .sections of the City Personnel Rules and
Regulations and shall limit his/her recommendations to the interpretation and
application of the Memorandum of Understanding(s), a~eement at issue and/or the
City Personnel Rules and Regulations.
(7)
In appeals from disciplinary actions the hearing officer may recommend sustaf-,.ing,
rejecting or modifying the disciplinary action provided that s/he may not
recommend discipline more s.~ngent than that.invoked by the City.
The hearing officer's findings, conclusion and recommendations shall be filed Mth the City
Manager, w/th a copy sent to the appellant and the Personnel Officer. 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 £md/ngs, conclusions, and recommendations.. The
City Manager shall inform the appellant of his/her decision regarding the appeal wid. a/n 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 hemfng officer's report. The
decision of the City Manager regarding the appeal shall be the £mal step in the
admin/strafive 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.-
If the appeal is heard by'an arbiter the arbiter's fees and expenses, including the cost of a
written transcript, w/ll be divided equally between the City and appellant provided that each
party shall be responsible for compensating its own witnesses and purchasing its own copy
of the .written 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 0f
the fee. The arbiter shall submit h/s/her bills for services to the party wh/ch is obli~ted to
pay them pursuant to this section.
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
hem-Lug officer.
The time limits specified at any step in th/s procedure may be extended or reduced by
wr/tten agreement of the grievant and an authorized management representative.
B-3