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Home My WebLink About14 TMEA MOU 12-18-00 NO. 14 AGENDA )RT , · MEETING DATE: DECEMBER 18, 2000 -~ -" .' TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER ARLENE MARKS, DIRECTOR OF HUMAN RESOURCES TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING RECOMMENDATION' Adopt Resolution No. 00-92 amending the City's compensation plan, approving the two- year Memorandum of Understanding for the Tustin Municipal Employees Association. FISCAL IMPACT: $321,480 over a two year period. BACKGROUND AND DISCUSSION: The Tustin Municipal Employees Association (TMEA) consists of approximately 85 employees in our general employee unit in non-management clerical, accounting, maintenance, engineering, planning and related classifications. This bargaining unit currently has a two-year contract that will expire on December 31,2000. The City began its discussions with TMEA for a successor Memorandum of Understanding (MOU) in October, pursuant to parameters established by the City Council at its October 16, 2000 meeting. Attached is a proposed successor MOU for TMEA. 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 this multi-year agreement are as follows: · Term · Salaries · Flexible Spending · Title Changes Two-years, January 1,2001 - December 31,2002 January 1, 2001, an increase of 3.15% January 2002, an increase of 3.5% (salary or flex) July 2002, an increase of 2% Equity adjustment for the Engineering Aide classification January 2001, an increase of approx. $50/mo. Associate Civil Engineer to Associate Engineer Assistant Civil Engineer to Assistant Engineer Junior Civil Engineer to Junior Engineer · Designated part-time employees included for representation and fringe benefits effective January 2002. · Agreement for the City to review maintenance, clerical and accounting' classifications. · Agreement to jointly review market comparison data and determine appropriate standby compensation for employees who receive excessive phone calls while on standby duty. · Agreement to meet and confer over the development of a certificate pay program for certifications that are beneficial to the City and that are above and beyond a job classification's requirements. · Ability for employee to appeal his/her performance evaluation to the Department Head. · Added the current practice of dues check-off and remittance to Association. · Clarification of temporary employment and limited term appointments. · Ability to meet and confer on changes to Personnel Rules and Regulations during the term of the agreement. · LTD leave of absence reduced from two years to six months. · 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 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 TMEA. Further, we believe it will enable us to continue to be competitive in our efforts to recruit and retain highly qualified individuals in the City of Tustin. Arlene Marks, SPHR Director of Human Resources Attachments: Resolution 00-92 City of Tustin and Tustin Municipal Employees Association MOU 2001-02 U:\Staff Report\Staff Report TmeA 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 RESOLUTION NO. 00-92 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 MUNICIPAL EMPLOYEES 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 Municipal Employees Association, hereinafter referred to as "TMEA", 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 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 TMEA MOU 01-02.doc 1 2 3 4 5 6 8 9 1 19. lg 14 15 16 17 18 10 ~.0 9.1 22 9.5 27 28 Passed and adopted at a regular meeting of the Tustin City Council held on the 18th day of December, 2000. JEFFERY M. THOMAS, MAYOR ATTEST: CITY CLERK S:\MOU's\RESOLUTION TMEA MOU 01-02.doc MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION TERM: JANUARY 1, 2001 TO DECEMBER 31, 2002 TABLE OF CONTENTS ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 1. REPRESENTED CLASSES ................................................................................................... 1 2. CLASSIFICATION REVIEW .................................................................................................. 2 3. COMPENSATION .................................................................................................................. 2 4. UNIFORMS ............................................................................................................................. 3 5. BILINGUAL COMPENSATION ............... ~ .............................................................................. 3 6. RETIREMENT ............................................... ; .......................................... ; ............................. 3 7. OVERTIME COMPENSATION ............................................................................................... 4 8. EMPLOYEE LIFE INSURANCE ............................................................................................ 4 9. FLEXIBLE BENEFITS PLAN ................................................................................................. 4 10. RETIREE'S HEALTH INSURANCE ......................................................................... 5 11. BEREAVEMENT LEAVE ...................................................................................... 6 12. HOLIDAYS ........................................ ~ .................................................................................... 6 13. GENERAL LEAVE ................................................................................................................. 7 14. TEMPORARY EMPLOYMENT .............................................................................................. 7 15. LTD LEAVE OF ABSENCE ................................................................................... 8 16. COMPENSATORY TIME ....................................................................................................... 8 17. REST PERIODS ..................................................................................................................... 8 18. LEAVES .................................................................................................................................. 8 19. STAND-BY DUTY .................................................................................................................. 8 20. CALL BACK DUTY ................................................................................................................ 8 21. CERTIFICATE PAY ................................................................................................................ 9 22. EDUCATIONAL INCENTIVE PAY .......................................................................... 9 23. TUITION REIMBURSEMENT ................................................................................................. 9 24. WORK SCHEDULES ........................................................................................................... 10 25. LTD PLAN ........................ '. ................................................................................................... 10 26. ONE-HALF HOUR LUNCH: FIELD SERVICES EMPLOYEES .............. ' ........................... 10 27. COMMERCIAL DRIVER'S LICENSE .................................................................................. 11 28. SHIFT DIFFERENTIAL ...... , ................................................................................................. 11 29. ACTING PAY ........................................................................................................................ 11 30. PERFORMANCE EVALUATIONS ....................................................................................... 11 31. APPEALS AND HEARINGS/GRIEVANCE PROCEDURE ................................................. 11 32. SEVERANCE PAY AND ASSISTANCE TO LAYOFFEES ................................................. 12 33. LAYOFF POLICY ................................................................................................................. 12 34. CONTRACTING OUT ........................................................................................................... 15 35. FAMILY LEAVE ................................................................................................................... 15 36. PERSONNEL RULES AND REGULATIONS ........................................................... 16 S:\MOU's\TABLE OF CONTENTS TMEA0102.doc ARTICLE 37. ARTICLE 38. ARTICLE 39. ARTICLE 40. ARTICLE 41. ARTICLE 42. ARTICLE 43. ARTICLE 44. ARTICLE 45. 'ARTICLE 46. ARTICLE 47. ARTICLE 48. ARTICLE 49. ARTICLE 50. ARTICLE 51. ARTICLE 52. ARTICLE 53. ARTICLE 54. MANAGEMENT RIGHTS CLAUSE ...................................................................... 17 SCOPE OF RENEGOTIATION AT CONCLUSION OF CONTRACT ............................ 17 DUE PROCESS RIGHTS .................................................................................................... 17 EFFECTIVE DATE ............................................................................................................... 17 APPLICATION OF AGREEMENT ............................................ ; ......................................... 18 GENDER .............................................................................................................................. 18 SEVERABILITY ................................................................................................................... 18 BINDING ON SUCCESSORS ............................................................................................. 18 RATIFICATION ................................................................................................................... 18 AMENDMENTS ................................................................................................................... 18 NOTICES ............................................................................................................................. 18 SUBJECT TO STATE LAW ................................................................................................ 19 CONCLIJSlON OF AGREEMENT ...................................................................................... 19 NO CHANGE OF BENEFITS .............................................................................................. 19 CONTRACT BAR ................................................................................................................ 19 MEETINGS .......................................................................................................................... 19 DUES CHECK-OFF ........................................................................................... 20 TERM OF AGREEMENT ..................................................................................................... 20 Attachment A- Grievance Procedure Attachment B - Hearings and Appeals Procedure S:\MOU's\TABLE OF CONTENTS TMEA0102.doc MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES 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, the City's employee representatives have met and conferred in good faith with the representatives of the Tustin Municipal Employees Association pertaining to the subject of wages, benefits and conditions of employment of City; and WHEREAS, the meetings between the Tustin Municipal Employees Association and the City representatives have resulted in an agreement and understanding to recommend that the employees represented by the Tustin Municipal Employees Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions the changes and additions to the wages, hours, and conditions of employment for the represented classes. WITNESSETH WHEREAS, the Tustin Municipal Employees Association is the majority representative of employees in the hereinafter listed classes for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative the Tustin Municipal Employees Association is empowered to act on behalf of employees in the General Employees Representation Unit, whether or not they are individually members of the.Tustin Municipal Employees Association. Article 1. Represented Classes. The classifications covered by this agreement are: Administrative Secretary AccoUnt Clerk Associate Engineer Assistant Engineer Assistant Planner Associate Planner Building InsPector Building Technician Business License Technician Clerk Typist Code Enforcement Officer Custodian Deputy City Clerk Draftsperson Engineering Aide Equipment Mechanic Equipment Operator Intermediate Clerk Typist Junior Engineer Maintenance Leadworker Maintenance Worker Management Analyst Mechanics Helper Meter Reader Office Clerk Office Support Specialist Plan Checker Plan CheckedSenior Bldg. Inspector Project Manager Public Works Inspector Recreation Coordinator Reproduction Operator Senior Account Clerk Senior Management Analyst Sports Field Specialist Transportation Engineer Water Services Engineer Water Treatment Plant Operator S:~IOU's\TMEAMOU0102finaI.DOC Page 1 of 20 Effective January 1, 2002 incumbents and new hires in the following pad-time regular classifications, designated pursuant to the annual budget, listed below shall be covered by this agreement: Community Services Recreation Leader Recreation Program Assistant Parks & Recreation Clerk Typist Community Center Receptionist Senior Center Van Driver Finance Account Clerk Regular part-time classifications, designated pursuant t° the City budget, are those classifications/positi°ns that are anticipated to have work scheduled on a regular year- round basis, an average of twenty or more hours per week, and the position is anticipated to continue for a period in excess of twelve months. Such classifications shall be designated as half-time (20-29 hours per week) or three-quarter time (30-39 hours per week). The City shall budget annually for all positions on a % time, % time or full time basis. Only those classifications designated as a regular allocated position shall be included for. representation in this unit. Article 2. Classification Review. During the term of this agreement the City shall examine the duties and pay levels of several job classifications to include, but not limited to, maintenance worker and the clerical and accounting classifications. Article 3. Compensation. A. The base salary rates of represented classes shall be increased in accordance with the following: Effective January 1, 2001 - 3.15% In addition, the salary range for the classification of Engineering Aide shall be increased by ten percent (10%). Effective at the beginning of the pay period closest to January 1,2002, the salaries of all bargaining unit employees shall be increased by three and one-half percent (3.5%). 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. Effective at the beginning of the pay period closest to July 1,2002, the salaries of all bargaining unit employees shall be increased by two percent (2%). S:~vIOU's\TMEAMOU0102finaI.DOC Page 2 of 20 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. Article 4. Uniforms. Ao The City will make raingear and overalls available for use by the Building Inspectors and Public Works Inspectors. Bo The City will provide eleven (11) sets of pants/~horts and shirts for each maintenance employee required to wear a uniform and City will pay the cost of renting and cleaning the standard-issue maintenance employee uniforms. Each employee may designate a "mix" of pants and shorts for the term of the contract with the uniform vendor. This "mix" may not be changed during the term of the contract with the uniform vendor. Each employee must have long pants immediately available for wear on a daily basis. Additional uniforms, laundering, or special services shall be at the employee's expense. ArticleS. Bilinqual 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 6. Retirement. A. The City shall continue to "pick up" and pay on behalf of each regular full time employee the employee's required contribution to the Public Employees Retirement System (PERS) 2% ~ 55 Supplemental or Modified Formula for Local Miscellaneous Members 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. If during the term of this Agreement, the Employee contribution is reduced by legislative action, the City will meet and confer with TMEA over dispensation of the extra funds. B. Effective January'l, 2002 designated regular part-time employees shall be eligible for participation in PERS in the same manner as regular full-time employees. S:~/IOU's\TMEAMOU0102finaI.DOC Page 3 of 20 Article 7, Overtime Compensation. All non-administrative, non-confidential and non-management general 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. Part-time employees shall receive premium compensation of time and one-half pursuant to the Fair Labor Standards Act. Article 8. 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. Effective January 1, 2002 designated regular part-time employees shall be eligible for employee life insurance on a pro-rata share based upon allocation. The death benefit of said policy for part-time employees shall be the greater of $25,000.00 (for 1/2 time) or $37,500 (for 3/4 time) or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. Article 9. Flexible Benefits Plan. The Flexible Benefits Plan will be as follows: A. Flexible Benefits Contribution per month per eligible employee. Effective January 1, 2001 Employee Only Employee + 1 Dependent Employee + 2 or more Dependents $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 Effective January 1,2002 designated regular part'time employees shall be eligible for the'flexible benefit plan contribution on a pro-rata share based upon allocation (i.e. a % time employee shall receive a 50% allocation; a % time employee shall receive a' 75% allocation). S:~vlOU's\TMEAMOU0102final. DOC Page 4 of 20 C. 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/she has medical insurance coverage comparable to coverage available through the City program. Effective January 1,2002 designated regular part-time employees shall be eligible for the in-lieu flexible benefit plan contribution on a pro-rata share based upon allocation (i.e. a ~ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Do 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 City sponsored programs: . . 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 Program 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. E. 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 10. 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. S:~vlOU's\TMEAMOU0102finaI.DOC Page 5 of 20 II participate in a joint labor-management committee to explore funding .~s that involve employee contributions to fund premiums in excess of the City's )n for retiree health insurance. · Bereavement Leave; Iow up to three (3) days with pay for the purpose of bereavement leave for all ~istrative, non-confidential, and non-management general employees of City in of a death in the immediate family. "Immediate Family" shall be defined as spouse, mother, father, brother, sister, child, grandparent, and grandchild of the or the employee's spouse. Effective January 1, 2002 designated regular part- oyees shall be eligible for bereavement leave on a pro-rata share based upon (i.e. a % time employee shall receive a 50% allocation; a % time employee shall 75 % allocation). :. Holidays. The following days shall be holidays for which all full-time regular :tionary employees will receive compensation either in pay or paid time off. ~uary 1 rd Monday in February ~t Monday in May )/4 ~t Monday in September `,ember 11 Jrsday in November ;ignated by the President or Governor Thanksgiving Day. / following the Thursday in ,,ember designated as ~nksgiving Day. / before the Christmas / Holiday .~ember 25 / before the New Year's / 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 en a holiday occurs on a Sunday, the following Monday will be observed instead. en a holiday occurs on a Saturday, the preceding Friday will be observed :ead. During the term of this agreement when a holiday falls on a Friday that is a workday the holiday will be observed on the following Monday. For each 'day, full-time regular and probationary personnel on shifts will receive eight (8) irs of General Leave for each day or equivalent pay, whichever, in the judgment he Human Resources Director, best serves the interest of the City. Full-time ular and probationary personnel not assigned to shifts will receive paid time off; ~t (8) hours for a day. If a non-shift employee's scheduled day off falls on the ' of the holiday, he shall receive eight (8) hours pay for each day. ~,MOU0102finaI.DOC Page 6 of 20 Article regular weekly time. Effectiv~ general receive in this g: rate anc Article ' Employ~ which s~ In the e' above, shall be! (a), (b)~ S:WIOU's\T[ 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/she would receive for his/her regular shift. Effective January 1,2002 designated regular part-time employees shall be eligible for holidays on a pro-rata share based upon allocation (i.e. a ~ time employee shall receive a 50% allocation; a % time employee shall receive, a 75% allocation). Article 13. 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 I year 26.67 hours per month 1-5 years 160 6-10"" 208 Over 10"" 248 Effective January 1,2002 designated regular part-time employees shall be eligible for the general leave on a pro-rata share based upon allocation (i.e. a % time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Employees in this group shall begin to accrue general .leave, effective January 1,2002 at the 1-5 year rate and shall be considered to be a new employee for purposes of this Article. Article 14. Temporary Employment. Employees appointed to a temporary position shall sign a Personnel Action Form (PAF), which shall state the duration of the limited term appointment. The duration shall be either: (a) A period of time not to exceed 12 months, which period may be renewed once only, at the discretion of the City Manager; (b) The length of time required to complete a specific project, which project shall be identified on the PAF. (c) In the case of temporary positions that are funded by grants or other Outside funding sources, a period that ends with the expiration of that funding. In the event a temporary employee works for a period exceeding the duration set forth above, his/her position shall be deemed to be a Permanent Position and the employee shall begin a one-year probationary period as of the first day after the period(s) set forth in (a), (b) and (c). S:~MOU's\TMEAMOU0102finaI.DOC Page 7 of 20 Article 15. 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 six (6) months. Article 16. 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 17. 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 18. 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 19. Stand-bv 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. Additionally, an employee who is standing by and is required to log onto the sCADA System shall be credited with a minimum of one-half hour worktime or the actual time spent in system operation, whichever is greater. Said minimum will apply to each log-in provided that only one minimum will be credited during any thirty-minute period. During the term of this agreement he parties will meet and review market comparison data on how standby pay is calculated in the survey cities and determine viable cOst-effective alternatives for telephone calls received while an employee is on standby. Article 20. 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. S:~MOU's\TMEAMOU0102finaI.DOC Page 8 of 20 Article 21. Certificate Pa,/. During the first year of this Agreement the parties shall meet and confer over the development of a certificate pay program for certifications that are beneficial to the City and that are above and beyond the requirements of a job. Article 22. Educational Incentive Pay. Only employees receiving educational incentive pay as of July 1, 1989, shall be eligible for educational incentive pay as set forth in Article 17 of the March 31, 1987 M.O.U. The continuing education requirement remains the same; however, no employee shall be able to increase his/her amount of educational incentive pay after July 1, 1989 nor shall any additional employees after July 1, 1989, be eligible for educational incentive pay. Any emplOyee who becomes ineligible for educational incentive pay shall not be able to requalify. Article 23. 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 (effective January 1, 2002 designated regular part-time employees shall be eligible for tuition reimbursement on a pro-rata share based upon allocation (i.e. a ~ time employee shall receive a 50% allocation; a ~ time employee shall receive a 75% allocation) 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: A, Department Head and Director of Human Resources approval must be obtained before enrollment in the course. Bo Reimbursement shall be of tuition fees, textbooks, lab fees, or required supplies upon completion of the course with a satisfactory grade and after completion of the initial probationary period. Co 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 five hundred dollars ($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 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. S:WIOU's\TMEAMOU0102finaI.DOC Page 9 of 20 Article 24. Work Schedules. Ao 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. Bo Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. Co The City "Flexible Work Schedule Policy" will be amended to provide for a seven (7) day notice to affected employees prior to the revocation of a flexible work schedule and the clause, "subject to any modifications approved by the City Manager" will be deleted. Article 25. LTD Plan. A, The Unum - Long-Term Disability Insurance Plan 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. 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. P. Effective January 1,2002 designated regular part-time employees shall participate in the LTD Plan on a pro-rata share based upon allocation and salary (i.e. a % time employee shall Pay premiums based on a 50% allocation of full time salary; a % time employee shall pay premiums based on a 75% allocation of full time salary). Article 26. One-Half Hour Lunch: Field Services Employees. The City has agreed to Field Services employees taking a one-half hour lunch in the field. This is in recognition of the fact that the City anticipates increased efficiency, because, as a general rule, employees will not return to the Corporation Yard for the lunch break. S:\MOU's\TMEAMOU0102finaI.DOC Page 10 of 20 Article 27. Commercial Driver's License. Employees in positions requiring that incumbents have a Commercial Driver's License will be reimbursed for the difference between the cost of the License and a regular non- commercial driver's license. Additionally, the City will provide training and pay for physical examinations necessary to obtain and maintain the Commercial Driver's License. Article 28. Shift Differential. Any Custodian, assigned on a regular basis (ten or more continuous working days) to a shift, eight hours ofwhich fall between the hours of 2:30 p.m. and 3:00 a.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 notbe subject to the grievance and/or discipline appeals process. Article 29. Acting 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 - nine (9) consecutive calendar days. Acting pay shall only be provided if the employee is performing the full scope and functions of the higher-level classification. Article 30. Performance Evaluations. An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. An employee may appeal his/her performance evaluation to his/her Department Head (or other Department Head if the employees Department Head prepared the evaluation). During the scope of this agreement the Association shall participate in a Joint Labor Management Committee for the purpose of standardizing the forms and procedures used for Employee Performance Evaluations. Article 31o AD~)eals and HearinqslGrievance 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. S:~vlOU's\TMEAMOU0102finaI.DOC Page 11 of 20 Article 32. Severance Pay and Assistance to Layoffees. Ao 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 33. Layoff Policy. Not withstanding the provisions of Section 10b of the City's Personnel Rules and Regulations, the parties agree as follows with respect to Reductions-in-force or Layoffs: A. Definitions: Provisional- An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligible candidates. Original probationary period - An employee's first probation period during continuous city employment. Promotional probationary period - The probationary period served upon promotion from one City position to another. Seniority - Length of continuous service with the City of Tustin from date of hire into a regular position. Bo Authority. The City Manager may lay off employees at any time for lack of work, budgetary reasons, technological changes or other City actions that necessitate a reduction in. the work force. C° Reduction-in-Force. When it becomes necessary to reduce the work force, the City Manager shall designate the position(s) or classification(s), and division(s), department(s), or other organizational unit(s) in which positions are to be eliminated. Contract and temporary employees in the same classification as the positions proposed for elimination within the affected organizational unit shall be laid off first. Probationary promotional employees who are laid off shall be returned to the position held upon their promotion. At least two weeks notice shall be given to any employee who is to be laid off. S:~vlOU's\TMEAMOU0102final. DOC Page 12 of 20 Do In the event the City decides to Solicit proposals for work currently performed by employees and that decision could result in layoffs of employees the City shall give written notice to the Association and City employees in the designated organizational unit(s). Such notice shall include the same materials and be given at the same time such opportunity is provided to other bidders. Order of Layoff. . The names of all provisional and original probationary employees occupying positions in the affected class shall be listed in alphabetical order. The City Manager or his/her designee shall select from this list one employee, regardless of his/her place on the list, to be laid off for each position to be abolished. , If the positions to be abolished exceed the number of employees available for layoff after application of 1. above, a "Subject to Layoff List" shall be prepared. The list shall be composed of all permanent and promotional probationary employees in the class from which a position is to be abolished. Names of the employees shall be listed in reverse order of their lengths of City service; i.e., those having the least seniority will be listed first. For purposes of this section, time served on a military leave of absence shall be considered City service. , In selecting employees to be laid off, those employees at the top of the list shall be laid off first. When employees have equal seniority, the City Manager will select the employee to be laid off in consideration of the employee's past performance and in consultation with the concerned department head. o' Deviation from this procedure is permitted when it can be clearly demonstrated that an employee possesses special skills and knowledge necessary to the efficient operation of City services. In this event, the City Manager may retain said employee over employees having more seniority provided that none of those having more seniority possess the same special skills and knowledge. , The names of laid off employees shall be listed on a reemployment list in the reverse order of their dates of layoff.. S:~MOU's\TMEAMOU0102finaI.DOC Page 13 of 20 Eo F, Go H, Bumpinq Riqhts. Any employee subject to layoff who has held regular status in a position in the class series from which he/she is to be laid off may request placement in a position in the layoff class or a lower class in the class series. If such request is made, an Order of Layoff list consisting of the names of employees in the requested class and the employee requesting placement will be prepared and used in effecting a layoff consistent with provisions of this section. An employee who has been involuntarily transferred to a class from which a layoff is to be made shall have automatic "bumping rights" to his/her previous classification for up to one (1) year from the effective date of the transfer. Continuation of Benefits. Employees who are laid off shall have their medical insurance benefits continued to the end of the second month following the date of their layoff if they are not covered by another medical plan at the time. Reemployment List. The name of every regular employee who is laid off shall be placed on a Reemployment List in reverse order of their dates of layoff. Names may be remoVed from a Reemployment List for any of the following reasons: (1) The expiration of eighteen (18) months from the date of placement on the list. (2) Reemployment in a permanent full-time position in a department other than that from which the employee was laid off. (3) Failure to respond within twenty one (21) calendar days of mailing of a · registered letter regarding availability of employment. (4) Failure to report to work within fourteen (14) calendar days of mailing of a registered letter containing a notice of reemployment, absent mitigating circumstances. (5) Individual requests in writing that his/her name be removed from the list. Reemployment. Vacancies to be filled within a department shall be offered first to individuals on the Reemployment List who held a position in the same classification as the vacancy to be filled. (2) A regular employee who has been laid off is reemployed in a permanent position within eighteen (18) months from the date of his/her layoff or termination shall be entitled to: S:~IOU's\TMEAMOU0102final. DOC Page 14 of 20 (a) Buy back and thereby restore all general leave credited to the employee's account on the date of layoff or termination at the same rate as it was paid off. This restoration must be requested in writing within 30 days of returning to work and must be fully paid back within six (6) months of the return to work. (b) Restoration of seniority accrued prior to and accrued during layoff. (c) Credit for all service prior to layoff for the purpose of determining the rate of accrual of general leave. (d) Placement in the salary range as if the employee had been on a leave of absence without pay if he/she is reinstated to the same job classification from which he/she was laid off or terminated. (3) If the person who is reemployed has not satisfactorily comPleted the required probationary period in the department of appointment he/she shall serve a probationary period. Notices. All notices and requested actions referenced in this section shall be in writing and sent by Registered Mail or delivered personally to the addressee. All notices to the City shall be addressed to the City Manager. Employee shall be responsible for notification to the City of any address change and any such notice shall be served in accordance with this paragraph. In the event a reduction in force is necessary, a part-time employee may not displace a full- time employee. However, a full-time employee may displace a less senior part-time employee provided he/she is otherwise eligible to displace the less senior employee. Article 34. Contractinq Out. If the City decides to contract out services performed by unit employees, the employees shall have the right to competitively bid to provide the services. The City shall provide employees with necessary information to facilitate such a bid. Article 35. 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. S:WIOU's\TMEAMOU0102finaI.DOC Page 15 of 20 Article 36. Personnel Rules and Requlations. City resolution #88-103, shall be amended as follows' SECTION 8. ATTENDANCE & LEAVES, E. General Leave Delete the following paragraphs: (2) General leave may be accumulated to a maximum of twice the employee's annual entitlement. No general leave shall accrue beyond the authorized maximum. Employees shall be given until July 4, 1997 to use accumulated general leave before accrual ceases. Employees shall be given notices and reasonable time and opportunity to use the accumulated general leave thereafter.' (4) General leave may not be used at the time of termination of employment and all accrued but unused general leave credits shall be paid off at the employee's current hourly rate except that no payment shall be made to an employee who has not completed six (6) months of continuous service, nor shall any payment be made for unused credits in excess of the maximum accrual of these rules. Add the following paragraphs: (2) 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. General Leave may not be used at the time of termination of employment. 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. Employees shall be given notices and reasonable time and opportunity to use accumulated General Leave. (4) 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/her final paycheck. SECTION 10, SEPARATION FROM THE SERVICE, C. Disability., shall be amended by adding; "City will make every reasonable effort to accommodate an employee with a disability that restricts his/her ability to perform his/her duties." SECTION 17, EMPLOYEE ORGANIZATIONS, shall be amended to provide that the City Council adoption of rules and regulations, as referenced therein, shall be preceded by compliance with the meet and confer requirements in the California Government Code, Section 3500 et seq. S:~vlOU's\TMEAMOU0102finaI.DOC Page 16 of 20 Article 37. Manaqement Riqhts 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: 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. Nothing contained herein shall be construed as a waiver by the Tustin Municipal Employees Association' 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 38. 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 39. 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. This article is not to be interpreted as depriving employees of other due process rights mandated by California law. Article 40. Effective Date. All provisions set forth herein shall be effective as to non-administrative, non-confidential and non-management general employees of the City of Tustin as of January 1, 2001 unless specified otherwise. S:~vlOU's\TMEAMOU0102finaI.DOC Page 17 of 20 Article 4'1. 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 Municipal Employees Association, and that this Memorandum covers only said employees. It is not solely limited to the members of the Tustin Municipal Employees Association. Article 42. 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 43. 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 44. 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, transfer or assignment of either party hereto. Article 45. 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 46. Amendments. This memorandum can be altered or amended only by written agreement betWeen the parties hereto. Article 47. Notices. Notices hereunder shall be in writing, and if to Tustin Municipal Employees Association, shall be mailed to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA 92680; and, if the CitY, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92680. S:~vlOU's\TMEAMOU0102final. DOC Page 18 of 20 Article 48. 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 49. 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. During the term of this Agreement TMEA shall meet and confer with management for the purpose of modifying and updating the current personnel rules and regulations. Article 50. No Chanqe 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 51. Contract Bar. The recognition rights of Tustin municipal Employees Association shall not be subject to challenge for a period of not less than twelve (12) months following the date of recognition or until the expiration of this Memorandum of Understanding, whichever is later; provided that recognition rights may be challenged between one hundred and twenty (120) and one hundred and fifty (150) days prior to the expiration of the Memorandum of Understanding and that no Memorandum of Understanding shall be construed to be a bar for a period of more than three (3) years. Existing Memorandums of Understanding shall remain in effect even when the recognition rights of employee organizations are changed in accordance with the provisions of this section. Article 52. Meetinc~s. . T.M.E.A. shall be entitled to two (2) Citywide membership meetings each calendar year. These meetings are in addition to the Memorandum of Understanding ratification meeting allowed T.M.E.A.T.M.E.A. shall provide a minimum of two (2) weeks advance notice to the City of such meetings. Employees will be allowed up to one (1) hour of release time to attend each such meeting. S:~MOU's\TMEAMOU0102finaLDOC Page 19 of 20 . Employees who are invited by the City to attend meetings during working hours that are designed to promote effective communication and cooperation between the City and TMEA shall receive paid release time for their attendance. , Employees shall be entitled to one (1) additional City-wide membership meeting on or before October 1, 2001 to determine allocation of the January 2002 salary or benefit determination. Article 53. Dues Check-off. Consistent with current practice, the City shall continue to deduct Association dues from member paychecks and forward the dues to the' Association. Article 54. 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 BY TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION BY William A. Huston, City Manager Mike Martin, President Arlene Marks, Director of Human Resources Robin Mundy, Vice President Ron Nault, Director of Finance Gina Carter, Board Member Tim Serlet, Director of Public Works Brian McNamara, Board Member S:~MOU's\TMEAMOU0102finaI.DOC Page 20 of 20 Il. Ill. IV. GRIEVANCE PROCEDURE January 1999 ESTABLISHMENT These procedures ar~ 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 grievances related to: (1) - The amendment or change of City Council resolutions, ordinances or minute orders, which do not involve provisions of a Memorandum of Understanding, Personnel Rules and Regulations or other agreements between the Ci~ and employee organization. (2). 'Position ciassific~tion. DEFINITIONS . .. (1) Grievance: An express, ed claim that there has beeh a violation, misinterpretation, Or 'misapplication of a' provision of the Personnel Rules and Regulations or Memorandum of Understanding, or a'violation or potential violation Of state or federal (2) Grievant: An employee, member of City management or an authorized 'representative of the employee organization who is alleging a violation, misinterpretation or .misapplication of a provision of the Personnel Rules and Regulations, an agreement :between the City and employee organization, Memorandum of Understanding or vioiati°n or potential violation of state or federal law. .(3) Grievance ProCedure: The process by which the validity Of a grievance is determined and resolution effected. (4) Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s). PROCEDURE Step'1. The grievant shall file his/her grievance within ten (10)_ days after the grievan.t knew, or in the exercise of reasonable diligence should have known, of the events giving rise to V. ~ . ~ the ~c,~s ~- -~ th,~ grievance The grievant shall ~'~'" '~ · necessar'/to an und~rstandino of the issues involved; refrain from including any unrelated charges; cite the sections of the City resolutions, agreement, memorandum of understanding or rules alleged to have been violated and the remedy sought. if the grievant is an employee, He/she shall submit the grievance form to his/her immediate supervisor, provided that if the employee suspects or has proof that a federal or state law is being violated or is about to be violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by 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 grievant, 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 submi~ed within ten (10) days of receipt of the Department Heat's decision. Such submittal shall include the original of the grievance form'and a written statement of any issues which are in dispute. The City Manager has the sole discretion to hear the grievance him/herself or appoint any City management/supervisory employee (except the employee's Department Head), or an 'arbiter, as defined i.n the' Heating and Appeals Procedures, to hear the grievance and submit a recommendation as to resolution of the grievance. Upon the request of the employee 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 the Hearing and Appeals Procedures. GENERAL PROVISIONS (1) (2) (3) Prior to filing a grievanCe, the potential grievant shall discuss the issues of concern with the person or organizatio.n representative suspected as havi&g violated provisions bf the Personnel Rules and Regulations Or Memorandum of Understate'ding. Upon a showing of good cause to the Personnel Officer, such discussion may be waived between an employee and his/her immediate supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate actions of the supervisor form the basis for the grievance 'and the employee has reasonable cause to believe that the supervisor would not be objective. An employee may obtain a griev, ance form from his/her supervisor or the personnel. department. All documents; communications, and records dealing with the processing of grievances shall be filed separately from personnel files. No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. (4) (5) (7) Failure by management at any step of this procedure to communicate their decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step. An employee or management grievant shall be entitled to be present at all steps ~)f the procedure. Failure by the grievant to appeal a decision on a grievance within the specified time limits 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. Vi. Employee Representation (1) · An employee may represent him/herself or be represented by a representative of the employee organization. and the /, ' If an ,2] employee chooses not to be represented by the employee organization subject of the grievance involves MOU or. other provisions which have been negotiated between the City and the emploYee organization, the organization may have staff representatives present beginning with Step 3, and shall have the right to present the organization's interpretation of the provisions at issue. Such presentation -shall not include comments regarding'the merits of the grievance. S:~Personnel~MO~99GrievanceProcedure-d°c · . . HE,~_RINGS AND APPEALS PROCEDD-Pd5 January 1999 pi:LB-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS A. g. .C. p_re-disciplinary Hearin~s~ An employee who has attained a regul.ar appointment shall have the right to a pre-disciplinary hearing before his/her Department Head or desi'~ee whenever the employee.may be subject to a demotion, non-emergency suspension, or non-emergency dismissal. In the event of an emergency suspension or d/sm/ssa] a hearing will be conducted by the Department Head or desi~ee as soon 'as practicable after the action has been taken. · Procedure for Pre-d/sciMinarv Hearin~,_s. Notice of a proposed disciplinary action khalI be provided to the employee including a statement of the proposed action, the reasons therefor, and a copy of the charges and materials upon which the action is based. The employee shall have ten (10) days to respond orally, in -~Hthn~} or both .to the charges. Within {en (10) days of the employee's response, s/he w'21 be advised in waiting of the City's decision. If the disciol/nary action is upheld, 'due employee will receive a Notice of Disciplinary Action stating the action taken, m,. reasons therefor, and the emplbyee's fight to appeal. · p~ost_Discipline 'AppeaL' Within ten (10) days after receiving the Notice of Disciplinary Action the employee 'may appeal the' action in writ~g to the City Manager. D. Effective Date 0fDiscirflinarv Acfiom. · · o - The ava/lability of appeal rights or the filing of an appeal shah not be into?feted as stayk)g 'the effective date ora d/sciplinary action stated in the NOtice ofDisciplin~,"y Action. In the event of a termination, the employee shill cease to be an employee of the CitY on the effective date of the termination. .. ' ·, B. Unless other, v/se indicated, "da~,'or days" when used in th/s section shall be calendar day(s). · · · .o . · · APPEALS PROCEDUP,-E ". .' .. A. If a timely appeal is filed'as prov/ded in the GRIEV.~NCE PROCEDUP,-E or PRE- DISCIPLL-N-~Y HE.~GS A--NrD DISCIPLINARY APPBA.LS the Ci~ Manager may hear the appeal or appoint any City managem~t/supervisOry employee or ~oiter to hear the appeal. . · · · . B. An "arbiter" is a person w/th experience acting as a hearing o_~c~ on public employment issues. Any he~,-ing conducted by an arbiter shall not be considered an ~,itration as defined in Civil Code Section 1281.6 C. ' In the event that the employee orgmaization requests that an arbiter hear the'appea], such . request will be'honored. The arbiter shall be .chosm from a pand of 3 arbit~r'~ wkich shall ... cons-ist of 1 arbiter selected by the Association~'l selected by the City and 1 selected throu~ a drawing involving'6 names of arbiters; 3 chos~m by the association and 3 chosen by the City. The panel shall be used for all h-~qngs c~mducted during the term of il-tis Do Eo ~ Brst pmnd ~rbffcr to be used w~ll b~ selected by a dr~vAn~; tbcre~r th~ b~ of selection will b= rotation with ~ first ~rbit~r pla~d in th= number 3 poskion. If th~ ~pp=~l js heard by anyone other than ir,= Ci~ M~n~g=r, th= ~ ~'= submit ~ ~~ r=po~ outlining hisser find~s, ~ondus~ons, gnd r~o~m=nd~fions to Ci~ Within ten (10) d~ys of the r~dpt'of hca~g if it was conducted by thc Ci~ M~ag~ or his~er.CiV appobt¢¢ shall ~ovidc hisser ~en decision to thc employee. III. HEA.KINGS Bo Do Where practicable, the date of the hearing shall not be less thz_n twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with.the Ci~ Manager' provided that the parties may agree to a longer or shorter period of time. All hearings involving disciplinary action against an employee shall be closed to the public unless the affected employee requests that the hearing be open to the public. The hearing need not be conducted in a~cordance with technical rules relzSmg to ex.-id~ce ' and w/messes. Any relevant evidence shall be a&mitted if it is the sort of ev/dmce on rob/ch reasonable persons are accustomed to rely in the conduct of s~--rious affairs, regardless of the existence of any common law or statutory rule which might make improper admission of such evidence o~er objdction in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any dkect evidence but shall not be suffici,nt in itself to support a finding unless it would be admissible over objection in civil acfim'.~. I/he rules of privilege shall be effective to the same extent that they are now or h~eafter mzy be recomxfzed in civil and criminal actions, and/relevant and undulY repetitious evidenci ~2uall be e~cluded. The hearing 'officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the adrrfission and ~xclusion of exSdence. . Each party shall have these rights: To be represented by legal counsel or ouher person of his/her choice; to call and exmmine, wimesses; to introduce evidence; to cross-exmne opposing w/messes; to impea6h any witness regardless of which party first called ~himrner · to testify; and to rebut the evidence against him/her. If the respondent does not her/l'tis own behalf, s/he may be called and examined as if under cross-examination- Oral evidence shall be taken only on oath or affn-mafion. Upon the mutual a~eement of the parties a court r~orter w/Il be engaged to record the hearing, provided th~ either'pm'fy may engage a reporter with the understanding that there will be no cost to the other pan5.'. · . - The hearing snail proceed in the following order, unless the hearing officer, for _.--p:cizl reasons, otherwise directs: ' (1). Operfing statements shall be permitted with the complainant pror.~ding . · (2) In the preser~tation of cases, the party bearing the burden of proof shall m~e the ~ presentation. If witnesses are called, the opposing party shall have the fi~t to cross-examine the w/messes on any matter relevant to the issues, even thou~ that matter was not ~overed on direct examination. · o. (3) '" The parties may then, in 6rder, re~ectively Offer rebutting evidence only~ · · . . . C, B-2 F. Go the h-..~-fing o£ficer for good reason, pc~,--mits them ;o offer -',-cd:n:: upon original case; (4) Closing arguments and va-itten briefs shall be permintd. (5) The hearing offidcr shah determine the relevan6y, weight, and credibi]iry of testimony and evidence. S/he shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other xvime-:ses, except the parties, shall be excluded from the hearing unless the hem-ing officer, for good cause, otherwise, directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber dm'~mg a hearing. The hezfing officer, prior to or during a hearing, may grant a continuance for any rezson ~ne believes to be important to reaching a fair and proper decision. (6) The hearing officer shall have no authorHy to amend, alter, or modi~ a Memorandum of Understanding or any sections of the City Personal Rules and Regulations and shall limit his/her recommendations to the inte~retation end application of the Memorandum of Understanding(s), aD'eement at ~ssue.m~d/or the City Personnel Rules and Regulations. Lu' appeals from disciplinary actions the hearing officer may recoro-.-n, end rejecting or modifying the di.sciplinzry action provided that s/ne ma), not recommend discipline more stringent than that invoked by the City. 'i'ne hez~mg.Officer's fmdiugs, conclusion and recommendations shall be Ned vdth the Civ Manager, vdth a copy sent to the appellant and the Personnel Officer. The CiD' in Ms/her sole discretion, may hear limited oral argu,ments and/or request wrir~--n statements from eith= party on the hearing o~Scer's findings, conclusions, mud recommendz~ions.. Ci~' Manager shall inform th~ appellant of kis?ner decision regarding the appezl x~.~thin (10) days of the conclusion of the hearing or if the appeal is heard by a he~mg officer thmn th~ City Manager, within ten (1 O) days of due receipt of the hearing offices report decision of the City Manag~ regarding the appeal shall be. the final step Ln due aa~irdstrative appeal process.. However, any d~sciplinary action is deemed final zs of the effective date. Copies of the City Manager's decision, inc~udk~g the hearing officer's report shz!l be filed where appropriate, including the employee's personnel file. If the City manager chooses to have the appeal heard by an ~oiter the City shall bear cost of the hearing up to a maximum of $1,000.00; any excess cost will be shared equally by the City and appel]ant If the employee organization requested that mu mrbiter be appointed to hear the appeal the organization shall pay the cost of the hearing up to a maximum of $1,O00.O0; any excess cost will be shared equally by the CiD' and organization. If either pmx~y orders a transci'ipt for their review, the requesting parry shall bear the cost of the ~-~.script If either party unilaterally cancels or pos~ones a scheduled he~mg thereby resuking in a fee charged by the arbiter or court repo~er, the pm'fy responsible for the cancellation or postponement shall be solely responsible for payment of the fee. The arbiter s-nail subnfit h/s/her bills for services xo the party ~;nich is obli~ted to pay them pm-mmnt to th~s section. Subpoenas amd subpo~as duces tecum pcu-taiuing to the hear~g shall be ~smed at. the.. ~eauest of e~ther party, not less' than ten (10) days prior to the commencement o~ me h~.-ing; afx~ commencement, subpoenas shall be issued only at the discretion of the hem-lng officer. B-3 Io . · 2: ..... writt:rl aweement of thc grievant and an authc,,dz:d man,- ....... ~t h e ar- app e als -pr o 9 9.- fin B'4