HomeMy WebLinkAbout09 MOUSAgenda Item —9
Revewed
AGENDA REPORT City Manager --tL—
Finance Director
MEETING DATE: JULY 2,2013
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: CITY MANAGER'S OFFICE & HUMAN RESOURCES DEPARTMENT
SUBJECT: MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT, THE
TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER
REPRESENTATION UNIT, AND THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
Adoption of the attached Resolutions and Memoranda of Understanding (MOU) will
authorize terms and conditions of employment for employees in classifications
represented by the Tustin Police Officers Association — Police Management
Representation Unit (TPMA), the Tustin Police Officers Association — Police Officer
Representation Unit (TPOA), and the Tustin Police Support Services Association
(TPSSA) in accordance with City Council direction.
It is recommended that the City Council adopt the following resolutions:
Resolution No. 13-56 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TPMA for the period
of July 1, 2013 through June 30, 2015; and
2. Resolution No. 13-57 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TPOA for the period
of July 1, 2013 through June 30, 2015; and
3. Resolution No. 13-58 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TPSSA for the
period of July 1, 2013 through June 30, 2015; and
4. Resolution No. 13-59 eliminating Employer Paid Member Contributions for all
employees in classifications represented by TPMA; and
5. Resolution No. 13-60 eliminating Employer Paid Member Contributions for all
employees in classifications represented by TPOA; and
City Council Agenda Report
July 2, 2013
Memoranda of Understanding with TPMA, TPOA, and TPSSA
Page 2
6. Resolution No. 13-61 eliminating Employer Paid Member Contributions for all
employees in classifications represented by TPSSA
FISCAL IMPACT
The terms of these three agreements will result in an additional cost of approximately
$445,478 over the two-year term of the agreements. Additional costs associated with
the implementation of a Step F in FY 2013-14 and an increase in Flexible Benefits
contributions in FY 2014-15 are partially offset by increases in employee contributions
to CaIPERS in FY 2013-14 and FY 2014-15.
BACKGROUND AND DISCUSSION
The City began the labor negotiations process in January 2013. In April, the City's
representatives initiated labor negotiations with representatives from the City's four
bargaining units. After months of challenging negotiations, the City is pleased to have
reached agreement with three of the City's four bargaining groups, each with a two-year
contract term beginning July 1, 2013 and lasting through June 30, 2015. The City hopes
to reach agreement with the final bargaining group in the near future.
What made this year's labor negotiations particularly challenging is the City's recent
labor history during the prolonged worldwide economic downturn. As directed by
Council, the primary focus of our labor negotiations this year was to find ways to provide
employees with something positive after four years of compensation and staffing
reductions while maintaining the City's longstanding fiscally conservative approach to
operating the municipal government.
The City Council's fiscally conservative philosophy has kept Tustin in a strong financial
position during one of the most challenging economic climates in our history. Since the
City government is essentially a service business, approximately two-thirds of the City's
operating expenditures are naturally spent on costs associated with the personnel who
provide the services. Therefore, to maintain a balance budget during times of decreased
revenue and increases in mandatory personnel costs, the City Council took actions it
deemed necessary and appropriate.
Since 2008, the City has not provided any across-the-board salary increases or
compensation enhancements. In addition, beginning in 2009, the City has also taken a
number of steps to reduce the City's personnel expenditures and liabilities, including
layoffs, a hiring freeze, second-tier retirement plans for new employees, second-tier
retiree medical plans for new employees, increased contributions by current employees
to the CaIPERS retirement plan, reduced General Leave accrual banks, and a voluntary
retirement incentive program.
City Council Agenda Report
July 2, 2013
Memoranda of Understanding with TPMA, TPOA, and TPSSA
Page 3
It is particularly noteworthy that during this difficult economic climate, all bargaining units
were sympathetic to the City's financial situation and agreed to a series of labor
contracts that resulted in cost savings to the City and reductions to their members'
compensation. The City Council recognizes that employees are doing more with less
and has expressed sincere appreciation for the employees' willingness to sacrifice for
the greater good of the City. The City Council is also aware that the City's salaries and
benefits have fallen behind in the labor market, which to varying degrees has impacted
the City's competitiveness in recruiting and retaining employees.
Due to reductions in personnel costs and increases to revenues, the City's financial
situation has been steadily improving. However, the City Council also recognizes that
irrespective of other changes, the City's CalPERS employer rates are scheduled to
increase each year for the next several years and the City Council must ensure these
increases do not negatively impact the City's operations.
Weighing these many factors, the City's representatives have reached agreement with
TPMA, TPOA, and TPSSA on two-year contracts that include four key economic
provisions: 1) increases in employee contributions to the CaIPERS retirement plan
beginning in FY 2013-14, 2) the implementation of an additional step in the salary range
for each classification beginning in FY 2013-14, 3) additional increases in employee
contributions to the CalPERS retirement plans beginning in FY 2014-15, and 4) an
increase in the City's flexible benefits contribution beginning in FY 2014-15. The
additional costs to the City of providing an additional salary step and an increase in
flexible benefits contributions are partially offset by the savings the City will realize from
additional employee contributions to CaIPERS.
Effective July 1, 2013, all employees in the City's first-tier and second-tier retirement
plans will now pay the full CalPERS member contribution (7% or 9%). Employees in the
second-tier plans have already been paying the full member contribution as of January
1, 2012. However, employees in the first-tier plans, who constitute the vast majority of
the City's employees, are currently paying half of the required member contribution. In
prior labor agreements, employees previously agreed to incrementally pay a greater
share of the contribution beginning July 1, 2013, up to the full contribution on July 1,
2015. First-tier employees in TPSSA currently pay 3.50% of the member contribution,
an amount that was scheduled to increase to 4.50% on July 1, 2013, 5.75% on July 1,
2014, and 7.00% on July 1, 2015. First-tier employees in TPMA and TPOA currently
pay 4.50% of the member contribution, an amount that was scheduled to increase to
6.00% on July 1, 2013, 5.75% on July 1, 2015, and 7.00% on July 1, 2015. With these
new agreements, employees will accelerate this schedule and pay the full member
contribution of 7% or 9% effective July 1, 2013. Under the terms of the Public
Employees' Pension Reform Act of 2013 (PEPRA), new employees who are considered
City Council Agenda Report
July 2, 2013
Memoranda of Understanding with TPMA, TPOA, and TPSSA
Page 4
"new members" to the CalPERS retirement system by the PEPRA will pay half of the
normal cost of the plan, as required by law (6.25% for Miscellaneous employees and
11.50% for Safety employees).
Effective July 1, 2013, the City is also adding an additional step (Step F) to the salary
schedule for each position, which is 5% above the current top step (Step E). Employees
are eligible to advance between steps within a salary range upon demonstration of
satisfactory performance in accordance with City of Tustin Personnel Rules Section 5.E
(Merit Increase within the Salary Range). On July 1, 2013, any employee who has
completed at least one (1) year of service at Step E where the employee has
demonstrated overall satisfactory performance, as documented in the employee's
performance evaluation, will be eligible to receive a merit increase to Step F effective
the pay period that includes July 1, 2013. All other employees will be eligible to advance
to Step F in accordance with the existing merit increase process outlined in the
Personnel Rules.
Effective July 1, 2014, all sworn employees in TPOA and TPMA will pay an additional
3% of pay towards the CalPERS retirement plan, for a total employee contribution of
12%. All employees in TPSSA will also pay an additional 3% of pay towards the
CalPERS retirement plan, for a total employee contribution of 10%.
Effective July 1, 2014, the City will also increase the Flexible Benefits contribution by
$125 per month for all employees who enroll in one of the City's medical insurance
plans.
In addition, there are a handful of other changes for two of the employee groups. The
contract for TPOA includes clarifying language on the policy regarding special
assignment terms and memorializing the current Shift Change practice. For TPSSA,
revisions include an increase in the maximum Bereavement Leave hours for equity with
other employee groups, extending the paid lunch (working lunch) program to all unit
employees, clarifications on the existing Training Pay policy and Police Services Officer
program, and a reopener on the Affordable Care Act.
Since the City currently pays a portion of employee's member contributions to CalPERS
(EPMC), as a procedural matter, CalPERS requires the adoption of specific resolutions
in order to officially eliminate EPMC. These resolutions are included as Resolutions 13-
59 through 13-61.
Overall, these two-year contracts will provide both the City and the employees with
some stability over the next two fiscal years. Should the need arise, each contract also
includes a re -opener to allow either the City or the association the ability to meet and
City Council Agenda Report
July 2, 2013
Memoranda of Understanding with TPMA, TPOA, and TPSSA
Page 5
confer prior to July 1, 2014 over changes to the contract which may go into effect on
July 1, 2014 or later.
In sum, the agreements that have been reached represent a balanced, fiscally
conservative approach that provides an overall positive agreement for employees while
maintaining a balanced budget and a General Fund reserve at a level the City Council
believes is necessary for financial stability.
kv 1---,
Derick Yasu6
Human Resources Manager
Attachments:
/11 Al
V
Charles H. R`binson
Deputy City Manager
1. City Council Resolution No. 13-56
2. MOU between the City and TPMA for July 1, 2013 through June 30, 2015
3. City Council Resolution No. 13-57
4. MOU between the City and TPOA for July 1, 2013 through June 30, 2015
5. City Council Resolution No. 13-58
6. MOU between the City and TPSSA for July 1, 2013 through June 30, 2015
7. City Council Resolution No. 13-59
8. City Council Resolution No. 13-60
9. City Council Resolution No. 13-61
RESOLUTION NO. 13-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS ASSOCIATION —
POLICE MANAGEMENT REPRESENTATION UNIT,
CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Officers Association — Police
Management Representation Unit (TPMA) have met and conferred in good faith in
accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPMA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2013 through June 30, 2015, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
I. The Memorandum of Understanding between the City and TPMA, effective July
1, 2013, is hereby approved and incorporated herein by reference as though fully
set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2013, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of July 2013.
Resolution 13-56
Page 1 of 2
ELWYN A. MURRAY
Mayor
ATTEST:
JEFFREY C. PARKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 13-56 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
July 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 13-56
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE MANAGEMENT REPRESENTATION UNIT
TERM:
July 1, 2013 — June 30, 2015
TPMA MOU 2013-15
TABLE OF CONTENTS
CHAPTER 1—GENERAL PROVISIONS.............................................................................................................3
Article1. Recognition................................................................................................................................3
Article2. Entire Agreement.......................................................................................................................3
Article3. Reopener....................................................................................................................................4
Article4. Severability.................................................................................................................................4
Article S. Binding on Successors................................................................................................................4
Article6. Notices.......................................................................................................................................4
Article7. Payroll Deductions.....................................................................................................................4
CHAPTER2 —COMPENSATION ......................................................................................................................5
Article8. Salary ..........................................................................................................................................5
Article 9. Overtime Compensation............................................................................................................5
Article10. Uniform Allowance..................................................................................................................5
Article11. Bilingual Pay.............................................................................................................................5
Article 12. Educational Incentive Pay........................................................................................................6
Article13. Standby Duty............................................................................................................................7
Article14. Call -Back Duty..........................................................................................................................7
Article15. Court Pay..................................................................................................................................7
Article16. Shift Differential Pay................................................................................................................7
CHAPTER3 — BENEFITS..................................................................................................................................8
Article17. Flexible Benefits Plan...............................................................................................................8
Article18. Retirement...............................................................................................................................9
Article 19. Deferred Compensation.........................................................................................................10
Article 20. Employee Life Insurance........................................................................................................10
Article 21. Long -Term Disability (LTD) Plan.............................................................................................11
Article 22. Tuition Reimbursement.........................................................................................................11
Article23. Car Allowance........................................................................................................................12
Article 24. Retiree Medical Insurance.....................................................................................................12
CHAPTER 4— LEAVES OF ABSENCE..............................................................................................................13
Article25. General Leave........................................................................................................................13
Article 26. Compensatory Time Off.........................................................................................................14
TPMA MOU 2013-15
Article 27. Administrative Leave.............................................................................................................14
Article28. Holidays..................................................................................................................................15
Article29. Bereavement Leave...............................................................................................................16
CHAPTER 5 — WORKING CONDITIONS.........................................................................................................16
Article30. Attendance.............................................................................................................................16
Article31. Work Schedules.....................................................................................................................17
Article32. Shift Trading...........................................................................................................................18
Article 33. Rest Periods and Lunch Breaks..............................................................................................18
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................19
Article34. Employee Rights.....................................................................................................................19
Article 35. Performance Evaluations.......................................................................................................20
Article 36. No Strike / Job Action............................................................................................................20
Article 37. Management Rights...............................................................................................................20
Article38. Layoffs....................................................................................................................................21
APPENDIX A — MONTHLY SALARY RANGES.................................................................................................22
TPMA MOU 2012-13
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin,
City representatives have met and conferred in good faith with the Tustin Police Officers Association
pertaining to the wages, hours, benefits and conditions of employment for employees in the Police
Management Representation Unit (hereinafter sometimes referred to as TPMA or Association); and
WHEREAS, the meeting between the Association and City representatives has resulted in an agreement
and understanding to recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives recommend to the City
Council that it adopt by resolution or resolutions the changes and additions to the wages, hours and
conditions of employment for the police management employees as set forth herein.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
A. The City has previously recognized the Tustin Police Officers Association — Police Management
Representation Unit as the majority representative of employees in the Police Management
Representation Unit for purposes of representation on issues of wages, hours and other terms and
conditions of employment. As majority representative, the Association is empowered to act on
behalf of all employees who hold positions in classes in the Police Management Representation Unit
whether or not they are individually members of the Tustin Police Officers Association.
B. The classifications constituting the Police Management Representation Unit are Police Lieutenant
and Police Sergeant.
Article 2. Entire Agreement
The City and TPMA agree that any City resolutions, ordinances, rules, regulations or practices that are in
conflict with the MOU and its provisions are subordinate to this MOU and where conflicts exists this
memorandum of understanding shall prevail.
[3]
TPMA MOU 2013-15
Article 3. Reopener
Prior to July 1, 2014 either side may request to meet and confer for the purpose of effecting changes to
this MOU to go into effect on July 1, 2014 or later.
Article 4. Severability
If any part of this Agreement is rendered or declared invalid by reason of any existing or subsequently -
enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of
this Agreement shall not render invalid the remaining part hereof.
Article S. Binding on Successors
This Agreement shall be binding on the successors and assigns of the parties hereto and no provisions,
terms or obligations herein contained shall be affected or changed in any way whatsoever by the
consolidation, merger, sale, transfer or assignment of either party hereto.
Article 6. Notices
Notices hereunder shall be in writing and, if to TPMA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, California 92781; and, if to the City, shall be mailed to City
Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 7. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits, including deferred compensation.
3. Contribution to survivor benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues and any authorized fees to TPOA.
12. Payment of authorized TPOA deductions.
13. Payment for non -return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Other purposes as authorized by the City.
[4]
TPMA MOU 2013-15
CHAPTER 2 — COMPENSATION
Article 8. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period that includes July 1, 2013, the salary range shall include anew Step F, which
is five percent (5%) above Step E. Employees are eligible to advance between steps within a salary
range upon demonstration of satisfactory performance in accordance with City of Tustin Personnel
Rules Section 5.E (Merit Increase within the Salary Range).
C. On July 1, 2013, any employee who has completed at least one (1) year of service at Step E where
the employee has demonstrated overall satisfactory performance, as documented in the employee's
performance evaluation, will be eligible to receive a merit increase to Step F effective the pay period
that includes July 1, 2013. All other employees will be eligible to advance to Step F in accordance
with the existing merit increase process outlined in the Personnel Rules.
Article 9. Overtime Compensation
A. Employees in the unit are subject to different work schedules. However, all employees are
scheduled to work 160 hours in the 28 day FLSA work period.
B. Overtime is subject to pre -approval by the employee's supervisor. The City shall pay Police
Sergeants overtime compensation at the rate of time and one-half (1 Y2) for all hours worked in
excess of:
1. Regularly scheduled hours per shift; or
2. Hours worked on a day the employee is not regularly scheduled to work; or
3. Hours worked in excess of 160 hours in the 28 day FLSA work period.
C. General Leave, Compensatory Time Off and Holiday hours paid shall be counted as hours worked in
these calculations.
Article 10. Uniform Allowance
Employees will be paid a uniform allowance of $429 per year, paid biweekly ($16.50 per pay period for
26 pay periods per year) for the purchase, rental and/or maintenance of the required uniforms. The
parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. Special motor officer gear
and officer public safety leather gear required by the department will be provided.
Article 11. Bilingual Pay
Unit employees who successfully pass the City's examination for conversational skill in a language other
than English (which the Director of Human Resources has approved as being needed for City business)
[5]
TPMA MOU 2013-15
are eligible to receive $100 per month ($46.15 per pay period) as a Bilingual Pay incentive. The parties
agree that this is special compensation and shall be reported as such, to the extent legally permissible,
pursuant to Title 2 CCR, Section 571(a)(4) as Bilingual Premium. Individuals are eligible to receive
Bilingual Pay at the beginning of the first pay period after Human Resources receives the employee's
test score demonstrating conversational proficiency. Should a conflict arise regarding designation of an
employee for compensation, proficiency and/or need the Director of Human Resources shall determine
who is eligible. The City is responsible for the development and administration of a testing vehicle to
determine proficiency. In addition, management will determine where within its discretion bilingual
proficiency is necessary in a particular work area and if so will compensate for it.
Article 12. Educational Incentive Pay
A. Unit employees are eligible to receive Educational Incentive Pay at the beginning of the first pay
period after Human Resources receives and certifies the employee has met all of the eligibility
requirements.
B. To apply for Educational Incentive Pay, an employee must be actively at work, provide official
documentation of the required degree (associate's, bachelor's, or master's) and provide a copy of
the applicable POST certificate (Supervisory POST or Management POST) and have completed any
applicable service requirements.
C. Educational Incentive Pay requirements and amounts are as follows:
1. Police Lieutenant
Degree / Certificate Amount
Associate's $250/month ($115.38/pay period)
Bachelor's $375/month ($173.07/pay period)
Master's $425/month ($196.15/pay period)
Bachelor's + Management or Supervisory POST $450/month ($207.69/pay period)
Master's + Management or Supervisory POST $475/month ($219.23/pay period)
2. Police Sergeant
Degree / Certificate / Experience Amount
Associate's $250/month ($115.38/pay period)
Bachelor's $375/month ($173.07/pay period)
Master's $425/month ($196.15/pay period)
Bachelor's + Supervisory POST + 4 years as a Sergeant $450/month ($207.69/pay period)
Master's + Supervisory POST + 4 years as a Sergeant $475/month ($219.23/pay period)
D. If a Sergeant promotes to a Lieutenant, the Sergeant will not lose Educational Incentive Pay.
The parties agree that this is special compensation and shall be reported as such, to the greatest extent
legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) as Educational Incentive.
[6l
TPMA MOU 2013-15
Article 13. Standby Duty
A. Police Sergeants shall be compensated for Standby Duty at the rate of two (2) hours of straight time
for each eight (8) hours required, including Holidays. If an employee is on Standby Duty and the
Standby status is canceled, the employee will still receive the full amount of Standby Pay
appropriate for the time frame involved.
B. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate
of two (2) hours of straight time for morning (a.m. hours) appearances and two (2) hours of straight
time for afternoon (p.m. hours) appearances. If a scheduled Standby Duty is canceled and the
employee is not advised (either via phone call or voice mail) of the cancellation before 6:00 p.m. on
the day prior to the subpoena date, the employee shall receive two (2) hours of Standby Pay. A
reasonable effort by the City (e.g. phone call or voice mail) to notify the employee prior to 6:00 p.m.
on the day prior will negate the two (2) hours of Standby Pay. Employees who are scheduled for
Standby Duty shall advise the department of a telephone number where they can be either reached
or a message can be left to advise them of a cancellation.
Article 14. Call -Back Duty
In addition to Standby Pay, if any, a Police Sergeant shall receive a minimum of two (2) hours of
overtime compensation paid at a time and one-half (1 A) rate for any call (fifteen (15) or more minutes
beyond the end of his/her shift) which required him/her to return to duty that does not involve a court
appearance.
Article 15. Court Pay
A. Police Sergeants shall be paid at a rate of time and one-half (1 '/:) for actual time spent in City -
required court appearances that occur during the employee's off-duty hours. A minimum of two (2)
hours of Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. —
12:00 p.m.) and/or a minimum of two (2) hours will be paid for court appearances scheduled in the
afternoon (12:00 p.m. — 5:00 p.m.).
B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for
the same time period.
Article 16. Shift Differential Pay
Unit employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at
6:00 a.m. the following day) or to a shift where all hours worked falls between the hours of 6:00 p.m. —
6:30 a.m. shall receive $100 per month ($46.15 per pay period) for each month worked on said shift. The
parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Shift Differential. This differential is designed to
compensate the employee for the inconvenience of working this particular shift.
[7)
CHAPTER 3 — BENEFITS
Article 17. Flexible Benefits Plan
TPMA MOU 2013-15
A. The City contracts with the California Public Employees' Retirement System (CalPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA) ($115 per
month for calendar year 2013, $119 per month for calendar year 2014, and a yet to be determined
amount for calendar year 2015) as well as an additional amount which is provided under a Section
125 Flexible Benefits program. The amounts below include the minimum amount under PEMHCA.
B. The Flexible Benefits contribution is $1,050 per month per eligible employee.
C. Effective the pay period that includes July 1, 2014, the Flexible Benefits contribution will be
increased to $1,175 per month per eligible employee.
D. Employees who do not take medical insurance through the program offered by the City shall receive
$300 per month as the Flexible Benefits Opt -Out contribution. As a condition of receiving such
amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. If the employee
also opts out of the City's dental insurance, the employee must also provide evidence, satisfactory
to the City, that he/she has dental insurance coverage comparable to coverage available through
the City program.
E. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid
out of their Flexible Benefits contribution. Employees may allocate the remaining amount among
the following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Deferred compensation
6. Section 125 Flexible Spending Account for medical or dependent care reimbursement
7. Eligible catastrophic care programs
8. Cash
Discretionary allocations are to be made in accordance with program/City requirements including
restrictions as to the time when changes may be made in allocations to the respective programs.
F. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this Agreement unless changed by mutual agreement of the City and Association. The City retains
the right to change administrators.
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TPMA MOU 2013-15
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee -funded.
Article 18. Retirement
A. All employees covered under this Agreement shall be members of the California Public Employees'
Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with
CaIPERS, as amended.
B. Employees first hired by the City as Local Safety Members prior to January 1, 2012 shall be provided
the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2.
1. Effective the pay period that includes July 1, 2013, these employees are responsible for paying
the employee contribution of 9% of the employee's wages through a pre-tax payroll deduction.
The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to
ensure that the employee contribution is made on a pre-tax basis.
2. Effective the pay period that includes July 1, 2014, these employees are responsible for paying
an additional pension contribution of three percent (3%) as cost sharing in accordance with
Government Code section 20516(f), for a total employee pension contribution of twelve percent
(12%). If, at any time in the future, the Association informs the City that it no longer agrees to
this cost sharing agreement, effective on the date of the elimination of the cost sharing (which
would need to coincide with the expiration date of the MOU) the employees' base salary would
be reduced by an amount equal to the value of this three percent (3%) cost sharing.
2. The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor Benefits),
Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as
Public Service). The employee is responsible for paying the employee portion of the 1959
Survivor benefit premium.
C. Employees first hired by the City as Local Safety Members on or after January 1, 2012, excluding any
individuals defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of
2013, shall be provided the CaIPERS 2% @ 50 retirement formula.
1. The employee is responsible for paying the employee contribution of 9% through a pretax
payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code
section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
2. Effective the pay period that includes July 1, 2014, these employees are responsible for paying
an additional pension contribution of three percent (3%) as cost sharing in accordance with
Government Code section 20516(f), for a total employee pension contribution of twelve percent
(12%). If, at any time in the future, the Association informs the City that it no longer agrees to
this cost sharing agreement, effective on the date of the elimination of the cost sharing (which
would need to coincide with the expiration date of the MOU) the employees' base salary would
be reduced by an amount equal to the value of this three percent (3%) cost sharing.
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3. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 20037.
D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2.7% @ 57 plan for Local Safety members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2013, the employee contribution is 11.50%. This amount will be
determined by CalPERS in the future. The City has adopted the CaIPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 7522.32(a).
Article 19. Deferred Compensation
For each unit employee, the City shall contribute 2% of the employee's base salary to a Section 401(a)
deferred compensation plan. It is the responsibility of each employee to complete the necessary
paperwork and take required steps to enroll in the plan. Should an employee fail to enroll, the City is
under no obligation to make retroactive contributions on behalf of said employee. Employees hired into
this unit shall be provided with notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
Article 20. Employee Life Insurance
A. The City will provide life insurance on the life of each regular, permanent full-time, employee and
pay the required premiums. The death benefit of said insurance shall be one hundred percent
(100%) of the employee's base annual salary to the nearest multiple of $1,000, up to a maximum of
$200,000. The City will also provide $1,000 per dependent of dependent life insurance.
B. The City shall also make available, at the employee's option, a supplemental life insurance policy.
The premium of the supplemental policy shall be paid by the employee.
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Article 21. Long -Term Disability (LTD) Plan
A. The TPOA-provided Long -Term Disability (LTD) Insurance Plan specifically forsworn police personnel
in effect as of January 1, 2000 shall continue in full force and effect during the term of this
agreement unless changed by the mutual agreement of the City and the Association.
B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund.
C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during
the initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave during the 30 day period beginning
with the first day of the leave. In the event no leave time is available, the employee shall be on
leave without pay for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her
pre -disability earnings.
D. Provided an employee is eligible for FMLA/CFRA leave, Flexible Benefits will be continued for ninety
days of a disability leave and such time will be counted towards satisfying Federal Family Medical
Leave Act (FMLA) and California Family Rights Act (CFRA) requirements.
E. Eligibility for City benefits provided in Parts C and D of this Article is conditioned upon the City's
receipt of proof of disability.
Article 22. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of
benefit both to the employee and to the City. Full-time employees shall be eligible for tuition
reimbursement and will be eligible for reimbursement of eligible expenses by the City for professional
and technical courses subject to the following conditions:
1. Department head and Director of Human Resources approval must be obtained before
enrollment in the course.
2. Reimbursement shall be made for tuition fees, textbooks, lab fees, and/or required supplies,
upon completion of the course with a satisfactory grade and after the completion of the initial
probationary period.
3. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same course.
TPMA MOU 2013-15
4. Reimbursement for up to $1,000 each calendar year if the employee is attending a community
college, $1,500 if the employee is attending a job related program through California State or
University of California extended education programs, or $2,000 each calendar year if the
employee is attending a four year college or university will be paid upon receipt by the Human
Resources Department of proof of successful completion of the course(s) and proof that
payment of fees has been made. If an employee attends both a community college and four
year college or university in a calendar year the maximum reimbursement shall be $1,500.
S. The City has set up procedures that allow for expedient reimbursement for classes taken and
fees paid. Employees may request reimbursement in the calendar year that the class is taken
and completed. Failure to request reimbursement in a timely manner and/or classes taken in
excess of the allowable reimbursement level cannot be carried over to a future year
reimbursement period.
Article 23. Car Allowance
Police Lieutenants will receive a car allowance of $150 per month ($69.23 per pay period).
Article 24. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $350 per month for the
payment of CalPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($115 per
month for calendar year 2013, $119 for calendar year 2014, and a yet to be determined amount for
calendar year 2015).
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for five (5) full years, retires from the City and
CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CaIPERS may satisfy the five (5) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CalPERS may satisfy the ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's CaIPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped,
reimbursement will cease and will not be reinstated.
[12]
CHAPTER 4 — LEAVES OF ABSENCE
Article 25. General Leave
TPMA MOU 2013-15
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years
160 hours
320 hours
6-10 years
208 hours
416 hours
Over 10 years
248 hours
496 hours
B. The Chief of Police may annually grant an additional eight (8) hours of General Leave to each
employee whose performance is satisfactory.
C. Once per fiscal year an employee may request that he/she be paid for a maximum of forty (40)
hours of General Leave, or eighty (80) hours if the employee has six (6) or more years of City service.
Requests for cash out must be received no later than two weeks prior to the paycheck date when
the cash out is requested. The right to cash out 40 or 80 hours of accrued General Leave discussed
herein is separate and apart from the cash out of hours from the Excess General Leave Bank
("EGLB") discussed below.
D. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Upon separation from City service the employee will be paid for unused General Leave,
not to exceed the maximum of two (2) years entitlement, at the employee's then current base salary
rate. Should an employee request to use General Leave in accordance with department procedures
and be denied the use of leave which will result in the employee reaching his/her maximum accrual
cap, the Director of Human Resources will be notified to facilitate an agreeable remedy for both
parties.
E. Effective on Sunday, July 1, 2012, accrued General Leave in excess of that figure that is one hundred
twenty hours below the new maximum accrual caps (i.e. hours above 200 for 0-5 years, 296 for 6-10
years, 376 for over 10 years) was transferred to an "Excess General Leave Bank" (EGLB). Hours in the
EGLB may be used for General Leave purposes.
Effective the second paycheck each July, the City will cash out forty hours of excess General Leave
from each employee's EGLB, until such EGLB is exhausted. Should the EGLB contain less than forty
hours at the time of the mandatory cash out, the remaining balance will be cashed out. Should
employees with an EGLB wish to cash out General Leave pursuant to Article 25.C, the hours to be
cashed out must first be taken from the EGLB.
F. The use of General Leave for a reason other than non -industrial illness or injury must be approved
by the department head and due regard shall be given to the employee's preference in scheduling
such paid leave time.
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G. Advanced General Leave is available under the following provisions:
a. A unit member requests a leave of absence for a "serious health condition" as that term is
defined under the FMLA/CFRA for him or herself, a child, parent, spouse or registered
domestic partner; and
b. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave
accrued; and
c. The employee exhausts his/her General Leave accrual; then
d. Upon request of the employee, the City will grant an advance of one -hundred twenty (120)
hours of General Leave for use in conjunction with the serious health condition (as defined
above).
The Advanced General Leave must be repaid to the City once an employee returns to work. Advanced
General Leave will be repaid by transferring newly accrued General Leave back to the City until full
repayment of the leave has been returned. However, should an employee request and receive
Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic
leave donation bank to the City prior to providing the employee use of the donated hours.
Article 26. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, a Police Sergeant may elect to be credited with
Compensatory Time Off at the rate of time and a half, subject to a maximum accrual of eighty (80)
hours.
B. The time during which an employee may take Compensatory Time Off shall be subject to approval
by the Chief of Police or designee with due regard for the wishes of the employee and for needs of
the service. However, an employee wishing to use his/her accrued Compensatory Time Off shall
provide the City with reasonable notice of such request. If reasonable notice is provided, the
employee's request will not be denied unless it would be unduly disruptive to the department to
grant the request. A request to use Compensatory Time Off without reasonable notice may still be
granted within the discretion of the supervisor or manager responsible for considering the request.
C. Upon separation from City service, an employee shall be compensated for all accrued Compensatory
Time Off at his/her regular rate of pay.
Article 27. Administrative Leave
A. As exempt employees under the Fair Labor Standards Act (FLSA), Police Lieutenants are
compensated for meeting the requirements and performing the duties of their job regardless of the
number or scheduling of hours worked. In lieu of overtime compensation, the City shall provide
Police Lieutenants with an annual credit of forty (40) hours of paid Administrative Leave each
January.
B. During the first calendar year of employment, Police Lieutenants shall be granted a prorated share
of Administrative Leave at time of appointment, with the amount dependent upon the employee's
hire date as follows:
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TPMA MOU 2013-15
Hire Date
Administrative Leave
1st Quarter (January — March) 40 hours
2nd Quarter (April —June) 30 hours
3rd Quarter (July—September) 20 hours
4th Quarter (October— December) 10 hours
C. Each January, subject to guidelines established by the City Manager, the Chief of Police may grant
each Police Lieutenant up to an additional forty (40) hours of Administrative Leave, based on the
individual's prior year's job performance and his/her commitment of time dedicated to City business
in excess of his/her regular work schedule. An employee whose performance is in need of
improvement, pursuant to a performance evaluation or performance improvement plan, is not
eligible to receive additional Administrative Leave. After the conclusion of the first calendar year of
employment, Police Lieutenants shall eligible for a prorated share of additional Administrative
Leave, in accordance with the same guidelines as those governing the initial granting of
Administrative Leave at time of appointment, as specified in this Article (e.g. an employee hired in
the 3rd Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in January
of Year 2).
D. The accrual of Administrative Leave is limited to a maximum of eighty (80) hours at any time.
Granting a request to use Administrative Leave is within the discretion of the Chief of Police.
Article 28. Holidays
A. The following Holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
B. Except as otherwise provided, when a Holiday occurs on a Sunday, the following Monday will be
observed instead and when a Holiday occurs on a Saturday, the preceding Friday will be observed
instead.
C. For the designated Holidays, employees are eligible for nine (9) hours of paid time off for each full
day. Unless operational needs, as determined by the Chief of Police, require that the time be taken
at some other date the time off will be taken on the scheduled Holiday. If the Holiday hours paid on
a Holiday or substituted day off are less than the employee's regularly scheduled hours, the
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TPMA MOU 2013-15
employee may use accrued Compensatory Time Off or General Leave to ensure that hours paid will
be the same as would regularly be paid for the day.
D. In December of each year, each regular and promotional probationary employee will be granted
Advance Holiday Pay, a cash out of his/her Holiday credit for the following year in lieu of having time
off. The employee must have General Leave accrued in an amount equivalent to the Holiday cash
out requested to be eligible for full payment of the Advance Holiday Pay in January. In the event the
employee does not have the required hours in his/her General Leave bank, pursuant to the City's
leave report for Pay Period 25 of each year, the Advance Holiday Pay shall be made in two
installments, forty-five (45) hours in January (January — September holidays) and fifty-four (54)
hours in October (October— December holidays).
In the event that an employee separates from service and has used and/or been paid for Holidays in
excess of the pro -rata earned hours per month, the overage shall be deducted from his/her final
check.
In the event an employee is on unpaid status immediately before or after the holiday, or is not
otherwise eligible to receive a paid Holiday, and has received Advance Holiday Pay, the City shall
reduce the employee's leave bank(s) by the amount of hours of any unearned Holiday previously
paid on the payroll immediately following the Holiday (or as soon as the overpayment is discovered).
E. The parties agree that Holiday Pay is additional compensation for employees who are normally
required to work on an approved holiday because they work in positions that require scheduled
staffing without regard to holidays and shall, to the extent legally permissible, be reported as special
compensation pursuant to Title 2 CCR, Section 571(a)(5).
Article 29. Bereavement Leave
The City will allow up to fifty (50) hours of paid leave for the purpose of Bereavement Leave in the event
of a death in the immediate family. For purposes of this section, "immediate family" shall be defined as
including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, sister,
child, stepchild, grandparent, or grandchild of the employee or the employee's spouse/registered
domestic partner. Bereavement Leave is intended to allow time for an employee to mourn the loss of a
loved one and/or to assist family members during a time of loss. In the event an extended absence or
travel is necessary, the employee may request to use General Leave to supplement Bereavement Leave.
CHAPTER 5 — WORKING CONDITIONS
Article 30. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the rules regarding
hours of work, holidays, and leaves.
B. Any employee who is absent from duty shall report the reason for such absence to the department
head or immediate supervisor prior to the absence as far in advance as possible and in no case later
than two (2) hours before the beginning of the employee's scheduled work shift. Absences not
reported in such manner may be considered absence without leave. A deduction of pay may be
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TPMA MOU 2013-15
made for the duration of any absence without leave. Upon return to work, such absence shall be
justified to the department head who shall consider the need for disciplinary action or to approve
the absence as unavoidable and allow the employee to make up the lost time or cover it with
General Leave.
C. Absence from work without approved leave and without reasonable cause for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. If an employee has a leave of absence without pay in excess of thirty (30) calendar days, continuous
service shall be considered interrupted for purposes of advancement within a salary range. Absence
with pay shall not be considered an interruption of an employee's continuous service and shall not
be deducted in computing total city service time.
Article 31. Work Schedules
A. Police Lieutenants and Police Sergeants work schedules under Section 207(k) of the Fair Labor
Standards Act (FLSA).
B. Department work schedules include:
1. The 4/10 work schedule. In each seven (7) calendar day period, the employee works four 10 -
hour days where the scheduled work shift commences and ends at the same time each day
followed by three consecutive days off.
2. The 3/12.5 work schedule. In each seven (7) calendar day period, the employee works three
12.5 hour days where the scheduled work shift commences and ends at the same time each
day and is followed by four consecutive days off. During the 28 day work cycle, the
employee must work one additional 10 -hour shift.
C. Individual changes to the work schedule described above will be upon mutual agreement between
the department and the employee.
D. The department will select shifts as follows:
1. The City is divided into two (2) separate patrol areas— North and South.
2. Patrol Sergeants will select patrol area assignments by seniority every other year.
3. Patrol Sergeants will select shifts by seniority in their respective areas twice a year. Shifts
have been designated into two blocks and will rotate between the two areas at every shift
change. Generally, Patrol Sergeants will be limited to 12 consecutive months on any shift
assignment (day shift, cover shift or nightshift). Based on departmental needs, a Patrol
Sergeant may be allowed to extend beyond the 12 consecutive month rotation.
4. Based on departmental needs, shift assignments may be reserved for probationary
Sergeants. The remaining shifts will be selected by patrol area by seniority. In the event that
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TPMA MOU 2013-15
there is only one probationary Sergeant and a significant balance of seniority, this option
may not be exercised.
5. If a Sergeant assigned to a special assignment returns to patrol, he/she will be allowed to
sign up by seniority in the area vacated by his/her replacement. This will be based on the
staffing needs of the department. The Chief of Police will maintain ultimate control of
scheduling per the needs of the agency. However, should the seniority become adversely
imbalanced due to transfers to and from specialty positions during the two year rotation
period, the Chief of Police will make every effort to allow movement between North and
South areas in an attempt to balance seniority.
E. Employees assigned to special task forces or regional teams will work the hours the team works.
F. Employees may have their work schedules changed to accommodate training assignments which are
eight (8) or more hours in duration.
Article 32. Shift Trading
Police Sergeants have the right to trade shifts with their colleagues subject to the following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade.
However, denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift
was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and
will not be monitored by the City. Traded shifts should fall in the same two week pay cycle.
They must fall within the same 28 day work period. If an employee leaves the City having not
paid back a shift, it shall be the responsibility of the two employees to work out any pay back.
S. If an employee agrees to trade shifts with another employee and then calls in sick and/or does
not work the shift, the employee who agreed to work the shift shall have his/her General Leave
deducted.
Article 33. Rest Periods and Lunch Breaks
A. All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4)
hours of their work shift. The scheduling of the rest breaks shall be the responsibility of the
employee's supervisor.
B. Employees receive a paid lunch break because they are required to be working or available to
respond immediately to calls for service during their lunch time.
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CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 34. Employee Rights
As the recognized representative of the employees covered by this Agreement the City acknowledges
and recognizes the following employee rights:
1. TPOA shall have access to and be provided with payroll deduction of dues, fees, and
assessments without charge through the City's regular payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the posting of notices,
updates, meeting minutes and other material related to TPOA business.
3. TPOA shall be afforded the reasonable use of department copy machines and fax machines and
will reimburse the City for any material costs or toll fees for such use.
4. Upon notice and subject to availability the City shall allow TPOA the use of City facilities
including meeting rooms for TPOA membership, Board of Directors and committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for preparation for and
attendance at meetings with management related to the meet and confer process and labor
relations matters.
6. All bargaining unit members shall have the right to representation by TPOA in processing
grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time
to meet with TPOA representatives for discussion and consultation on grievances and
disciplinary appeals.
7. TPOA shall have the exclusive right on behalf of the bargaining unit to meet and confer with
management over matters of wages, benefits, hours, and terms and conditions of employment
pursuant to State and Federal laws.
8. All bargaining unit members shall have the right to join and participate in the activities of TPOA
free from interference, intimidation, coercion, or discrimination.
9. TPOA shall have the right to distribute a reasonable amount of association information and
newsletters at the job site.
10. TPOA representatives shall have the right to reasonable use of department telephones and e-
mail for the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable access to the
workplace.
12. TPOA representatives may be granted General Leave or other leave for labor relations training.
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13. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 35. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written
rebuttal attached to a performance evaluation with which the employee disagrees.
Article 36. No Strike / Job Action
A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves
and the employees in the bargaining unit that they will not cause or condone any strike, walkout,
work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and
responsibilities, withholding of services or other interference with City operations, including
compliance with the request of other employees and/or labor organizations to engage in any or all
of the preceding activities.
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. In the event of such activities, the Association shall immediately instruct any person engaging in
such conduct that they are violating the Agreement and that they are engaging in unauthorized
conduct and should resume full and faithful performance of their job duties.
Article 37. Management Rights
Except as otherwise specifically provided for in State and/or Federal laws, and this Agreement, the City
reserves and retains and is vested with all rights of management which have not been expressly
abridged by specific provisions of this Agreement or by law to manage the City. This shall include, but is
not limited to:
1. The right to temporarily suspend the provisions of this Agreement in the event of and for the
duration of an emergency as determined by the City Council and/or by County, State, or Federal
action. In the event of such suspension of the Agreement, when the emergency is over,
management will immediately initiate the meet and confer process over replacement of any
salary, benefit, or working conditions lost by unit employees as a result of the suspension.
The right to determine staffing and direct the work force, including the right to hire, promote,
demote, evaluate, transfer, lay off, or discharge for just cause any employee.
3. The right to contractor sub -contract services and/or work.
4. The right to take such further action as maybe necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
5. The right to modify the performance evaluation form.
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6. The right to modify and update class specifications.
Article 38. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
IN WITNESS WHEREOF, the parties hereto have executed this document this 3rd day of July 2012.
FOR THE CITY OF TUSTIN FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE MANAGEMENT
REPRESENTATION UNIT
Jeffrey Parker, City Manager
Charles Robinson, Deputy City Manager
Derick Yasuda, Human Resources Manager
Peter Brown, Liebert Cassidy Whitmore
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Michael Shrode, President
Brian Greene, Sergeant Representative
John Strain, Lieutenant Representative
Rob Wexler, Silver Hadden Silver Wexler+Levine
TPMA MOU 2013-15
APPENDIX A — MONTHLY SALARY RANGES
Effective July 1, 2013
Classification
A
B
C
D
E
F
Police Lieutenant
9199.39
9670.45
10165.63
10686.17
11233.36
11795.02
Police Sergeant
7704.92
8099.45
8514.18
8950.16
9408.46
9878.88
[221
RESOLUTION NO. 13-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS ASSOCIATION —
POLICE OFFICER REPRESENTATION UNIT,
CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Officers Association — Police Officer
Representation Unit (TPOA) have met and conferred in good faith in accordance with
the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPOA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2013 through June 30, 2015, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
I. The Memorandum of Understanding between the City and TPOA, effective July
1, 2013, is hereby approved and incorporated herein by reference as though fully
set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2013, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of July 2013.
Resolution 13-57
Page 1 of 2
ELWYN A. MURRAY
Mayor
ATTEST:
JEFFREY C. PARKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 13-56 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2"d day of
July 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 13-57
Page 2of2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM:
July 1, 2013 — June 30, 2015
TPOA MOU 2013-15
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS.............................................................................................................3
Article1. Recognition................................................................................................................................3
Article2. Entire Agreement.......................................................................................................................3
Article3. Reopener....................................................................................................................................4
Article4. Severability.................................................................................................................................4
Article S. Binding on Successors................................................................................................................4
Article6. Notices.......................................................................................................................................4
Article7. Payroll Deductions.....................................................................................................................4
CHAPTER2 — COMPENSATION......................................................................................................................5
Article8. Salary ..........................................................................................................................................5
Article 9. Overtime Compensation............................................................................................................5
Article 10. Uniform Allowance..................................................................................................................5
Article11. Bilingual Pay.............................................................................................................................5
Article 12. Educational Incentive Pay........................................................................................................6
Article 13. Career Officer Program............................................................................................................7
Article14. Standby Duty............................................................................................................................8
Article15. Call -Back Duty..........................................................................................................................8
Article16. Court Pay..................................................................................................................................8
Article17. Special Assignments.................................................................................................................8
Article 18. Shift Differential Pay................................................................................................................9
CHAPTER3 — BENEFITS................................................................................................................................10
Article 19. Flexible Benefits Plan.............................................................................................................10
Article20. Retirement.............................................................................................................................11
Article 21. Deferred Compensation.........................................................................................................13
Article 22. Employee Life Insurance........................................................................................................13
Article 23. Long -Term Disability (LTD) Plan.............................................................................................14
Article 24. Tuition Reimbursement.........................................................................................................14
Article 25. Retiree Medical Insurance.....................................................................................................15
CHAPTER 4 — LEAVES OF ABSENCE..............................................................................................................16
Article26. General Leave........................................................................................................................16
TPOA MOU 2013-15
Article 27. Compensatory Time Off.........................................................................................................17
Article28. Holidays..................................................................................................................................17
Article 29. Bereavement Leave...............................................................................................................18
Article30. Military Leave.........................................................................................................................19
CHAPTER 5 — WORKING CONDITIONS.........................................................................................................19
Article31. Attendance.............................................................................................................................19
Article32. Work Schedules.....................................................................................................................19
Article33. Shift Trades............................................................................................................................21
Article 34. Rest Periods and Lunch Breaks..............................................................................................21
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................21
Article35. Employee Rights.....................................................................................................................21
Article 36. Third Party Advisory Process for Disciplinary Appeals...........................................................22
Article 37. Rules of Evidence and Procedure for Employees Removed from Special Assignments ........ 25
Article 38. Performance Evaluations.......................................................................................................27
Article 39. No Strike / Job Action............................................................................................................27
Article40. Management Rights...............................................................................................................27
Article41. Layoffs....................................................................................................................................28
APPENDIX A — MONTHLY SALARY RANGES.................................................................................................29
TPOA MOU 2013-15
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin,
City representatives have met and conferred in good faith with the Tustin Police Officers Association
(hereinafter sometimes referred to as TPOA or Association) pertaining to the wages, hours, benefits and
conditions of employment for employees in the Police Officer Representation Unit; and
WHEREAS, the meeting between the Association and City representatives has resulted in an agreement
and understanding to recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives recommend to the City
Council that it adopt by resolution or resolutions the changes and additions to the wages, hours and
conditions of employment for the unit employees as set forth herein.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
A. The City has previously recognized the Tustin Police Officers Association as the majority
representative of employees in the Police Officer Representation Unit for purposes of
representation on issues of wages, hours and other terms and conditions of employment. As
majority representative, the Association is empowered to act on behalf of all employees who hold
positions in classes in the Police Officer Representation Unit whether or not they are individually
members of the Tustin Police Officers Association.
B. The classifications constituting the Police Officer Representation Unit are Police Officer and Police
Recruit.
Article 2. Entire Agreement
The City and TPOA agree that any City resolutions, ordinances, rules, regulations or practices that are in
conflict with the MOU and its provisions are subordinate to this MOU and where conflicts exists this
memorandum of understanding shall prevail.
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TPOA MOU 2013-15
Article 3. Reopener
Prior to July 1, 2014 either side may request to meet and confer for the purpose of effecting changes to
this MOU to go into effect on July 1, 2014 or later.
Article 4. Severability
If any part of this Agreement is rendered or declared invalid by reason of any existing or subsequently -
enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of
this Agreement shall not render invalid the remaining part hereof.
Article S. Binding on Successors
This Agreement shall be binding on the successors and assigns of the parties hereto and no provisions,
terms or obligations herein contained shall be affected or changed in any way whatsoever by the
consolidation, merger, sale, transfer or assignment of either party hereto.
Article 6. Notices
Notices hereunder shall be in writing and, if to TPOA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, CA 92781; and, if to the City, shall be mailed to City Manager,
City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 7. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits including deferred compensation.
3. Contribution to survivor benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues and any authorized fees to TPOA.
12. Payment of authorized TPOA deductions.
13. Payment for non -return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Other purposes as may be authorized by the City.
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CHAPTER 2 — COMPENSATION
Article 8. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period that includes July 1, 2013, the salary range shall include a new Step F, which
is five percent (5%) above Step E. Employees are eligible to advance between steps within a salary
range upon demonstration of satisfactory performance in accordance with City of Tustin Personnel
Rules Section S.E (Merit Increase within the Salary Range).
C. On July 1, 2013, any employee who has completed at least one (1) year of service at Step E where
the employee has demonstrated overall satisfactory performance, as documented in the employee's
performance evaluation, will be eligible to receive a merit increase to Step F effective the pay period
that includes July 1, 2013. All other employees will be eligible to advance to Step F in accordance
with the existing merit increase process outlined in the Personnel Rules.
Article 9. Overtime Compensation
A. Employees in the unit are subject to different work schedules. However, all employees are
scheduled to work 160 hours in the 28 day FLSA work period.
B. Overtime is subject to pre -approval by the employee's supervisor. The City shall pay unit employees
overtime compensation at the rate of time and one-half (1%) for all hours worked in excess of:
1. Regularly scheduled hours per shift; or
2. Hours worked on a day the employee is not regularly scheduled to work; or
3. Hours worked in excess of 160 hours in the 28 day FLSA work period.
C. General Leave, Compensatory Time Off and Holiday hours paid shall be counted as hours worked in
these calculations, provided, however, that Standby time shall not be considered in determining
entitlement to premium pay.
Article 10. Uniform Allowance
Employees will be paid a uniform allowance of $429 per year, paid biweekly ($16.50 per pay period for
26 pay periods per year) for the purchase, rental and/or maintenance of the required uniforms. The
parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. Special motor officer gear
and officer public safety leather/nylon gear required by the department will be provided.
Article 11. Bilingual Pay
Employees in the classification of Police Officer who successfully pass the City's examination for
conversational skill in a language other than English (which the Director of Human Resources has
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TPOA MOU 2013-15
approved as being needed for City business) are eligible to receive $250 per month ($115.38 per pay
period) as a Bilingual Pay incentive. The parties agree that this is special compensation and shall be
reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Bilingual
Premium. Individuals are eligible to receive Bilingual Pay at the beginning of the first pay period after
Human Resources receives the employee's test score demonstrating conversational proficiency. Should
a conflict arise regarding designation of an employee for compensation, proficiency and/or need, the
Director of Human Resources shall determine who is eligible. The City is responsible for the
development and administration of a testing vehicle to determine proficiency. In addition, Management
will determine where within its discretion bilingual proficiency is necessary in a particular work area and
if so will compensate for it.
Article 12. Educational Incentive Pay
A. The City shall provide Educational Incentive Pay as an incentive for employees in the classification of
Police Officer to improve their level of education in relevant fields beyond the expected level for
their position.
B. Police Officers are eligible to receive Educational Incentive Pay after six (6) months of City service.
Educational Incentive Pay begins the first pay period after Human Resources receives and certifies
the employee has met all of the eligibility requirements.
C. To apply for Educational Incentive Pay, an employee must be actively at work, provide official
documentation of the required classes and/or degree (associate's, bachelor's, or masters) and have
completed any applicable service requirements.
D. Incentive amounts areas follows:
ree in Related Field
Associate's
Bachelors
Masters
Amount
$175/month ($80.77/pay period)
$325/month ($150.00/pay period)
$375/month ($173.07/pay period)
The parties agree that this is special compensation and shall be reported as such, to the extent
legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) as Educational Incentive.
E. Employees currently receiving Educational Incentive Pay for an equivalent to an Associate's degree
shall be grandfathered and shall continue to receive whatever compensation is provided to
employees with an Associate's degree. Such employees must have continuing active enrollment in
a bachelor's curriculum with over half of the course work completed. Credit for a class under this
plan requires a grade of "C" or better. A pass/fail course will be deemed to have achieved a "C"
grade if the course was passed. No credit is provided for courses for which the City paid and that
were attended entirely or in substantial part on City time. Employees in a program leading to a job-
related degree may be given credit for non -job related courses which are required to obtain the
degree, but they shall not exceed 50% of the total credits until the related degree is received. A
reasonable interpretation of the related nature of the degree fields shall be made by the Director of
Human Resources.
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TPOA MOU 2013-15
F. For purposes of contract negotiations, the Educational Incentive Pay provided for a bachelor's
degree shall be used for future compensation comparisons.
Article 13. Career Officer Program
A. Officers qualifying under the Career Officer Program shall be eligible for additional compensation in
accordance with the following:
Level Increase in
Base Salary
Requirements
Senior Officer 1 2.5% •
Five (5) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer (a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
•
POST Basic Certificate
•
30 college semester credits (transcripts required)
•
"Competent" or better annual performance evaluations for
the previous three (3) consecutive years
•
Has accepted additional duties as assigned
Senior Officer II 4.5% •
Seven (7) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer (a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
•
POST Intermediate Certificate
•
60 college semester credits or an associate's degree
(transcripts required)
•
"Competent" or better annual performance evaluations for
the previous three (3) consecutive years
•
Has performed as a Senior Officer I for one (1) year
•
Has accepted additional duties as assigned
Master Officer 6.5% •
Ten (10) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
•
POST Advanced Certificate
•
90 college semester credits
•
"Competent" or better annual performance evaluations for
the previous five (5) consecutive years
•
Has performed as a Senior Officer II for one (1) year
•
Has accepted additional duties as assigned
Employees are eligible for Career Officer Pay at the beginning of the first pay period following receipt by
the Human Resources Department of documentation that all requirements have been met and
approvals have been processed. The parties agree that this is special compensation for "educational
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TPOA MOU 2013-15
incentive pay" within the meaning of, and shall be reported, to the extent legally permissible, as such
pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive.
Article 14. Standby Duty
A. Unit employees shall be compensated for Standby Duty (except for court appearances) at the rate of
two (2) hours of straight time for each eight (8) hours required, including Holidays. If an employee is
on Standby Duty and the Standby status is canceled, the employee will still receive the full amount
of Standby Pay appropriate for the time frame involved.
B. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate
of two (2) hours of straight time for morning (a.m. hours) appearances and two (2) hours of straight
time for afternoon (p.m. hours) appearances. If a scheduled Standby for court appearances is
canceled and the employee is not advised (either via phone call or voicemail) of the cancellation
before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two (2) hours of
Standby Pay. A reasonable effort by the City (e.g. phone call or voicemail) to notify the employee
prior to 6:00 p.m. on the day prior will negate the two (2) hours of Standby Pay. Employees who are
scheduled for Standby Duty shall advise the department of a telephone number where they can be
either reached or a message can be left to advise them of a cancellation.
Article 15. Call -Back Duty
In addition to Standby Pay, if any, employees shall receive a minimum of two (2) hours of overtime
compensation paid at a time and one-half (1 %) rate for any call (fifteen (15) or more minutes beyond
the end of their shift) which required them to return to duty.
Article 16. Court Pay
A. An employee shall be paid at a rate of time and one-half (1 %) for actual time spent in City -required
court appearances that occur during the employee's off-duty hours. A minimum of two (2) hours of
Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. —12:00 p.m.)
and/or a minimum of two (2) hours of such compensation for court appearances scheduled in the
afternoon (12:00 p.m. — 5:00 p.m.).
B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for
the same time period.
Article 17. Special Assignments
A. The Police Chief has sole discretion to determine who shall receive a special assignment. Employees
assigned to the following special assignments (or successor titles) listed below shall receive, in
addition to their regular compensation, premium pay in the amount of two and one-half percent
(2.5%) of base salary for performing in such special assignments; provided, however, that at no time
may an employee receive more than one (1) special assignment pay premium. The parties agree
that this is special compensation and shall be reported as such, to the extent legally permissible,
pursuant to Title 2 CCR, Section 571(a)(4).
[8l
TPOA MOU 2013-15
1. Commercial Enforcement Officer (Police Investigator Detail)
2. Community Impact Officer (Police Liaison Premium)
3. Field Training Officer (Training Premium)
4. Gang Unit Officer (Gang Detail Assignment Premium)
5. Investigator — General Investigations (including OCATT) and Special Investigations (including
RNSP) (Police Investigator Premium)
6. K-9 Officer (Canine Officer/Animal Premium)
7. Motorcycle Patrol Officer (Motorcycle Patrol Premium)
8. Professional Standards Personnel Officer/Professional Standards Training Officer (Police
Administrative Officer)
9. School Resource Officer (Police Liaison Premium)
10. Special Enforcement Detail Officer (Police Investigator Detail)
B. The City has the absolute discretion regarding the assignment and reassignment of employees to
special assignments. Any such assignment is not vested and may be revoked at any time and any
appeal required by Section 3304(b) of the California Government Code shall be governed by Article
37 of this MOU (Rules of Evidence and Procedure for Employees Removed from Special
Assignments).
When an employee reaches the expiration date of a special assignment term, as specified in the
Police Department's General Orders, the employee does not have the right to appeal the Police
Chief's decision to not renew or extend the employee's term in that special assignment.
C. Each employee performing the assignment of Motor Officer or K-9 Officer will receive one (1) paid
day off per month (10 hours) which is considered compensation for hours worked under the FLSA
for the time spent (as an officer -dog handler or officer motor -handler) at their residence in caring
for the dog/equipment during regular days off and during vacation or sick leave.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine
duties, entitles the parties to agree to a reasonable number of hours per month for the performance
of off duty canine duties. The hours derived at in this agreement were determined after an actual
inquiry of the Officers assigned in the canine special assignment as addressed by Leever v. City of
Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this
section to fully comply with the requirements of the FLSA. In addition, both parties believe that this
section of the MOU does comply with the requirements of the FLSA.
The City and Officers understand and agree that this additional compensation is intended to
compensate canine/motor officers for all off duty hours spent caring, grooming, feeding and
otherwise maintaining their assigned canine or maintaining their assigned motorcycle, in compliance
with the FLSA and interpretive cases and rulings. Unless otherwise authorized by a supervisor,
employees in these assignments must limit their off-duty hours to a maximum of ten (10) hours per
month because they are only being paid for 10 hours per month.
Article 18. Shift Differential Pay
Employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at 6:30
a.m. the following day) or to a shift where all hours worked falls between the hours of 6:00 p.m. — 6:30
a
TPOA MOU 2013-15
a.m. shall receive Shift Differential Pay. The parties agree that this is special compensation and shall be
reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Shift
Differential. This differential is designed to compensate the employee for the inconvenience of working
this particular shift. Unit employees receiving this differential are paid $25 per pay period, limited to 24
pay periods per year.
CHAPTER 3 — BENEFITS
Article 19. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA) ($115 per
month for calendar year 2013, $119 per month for calendar year 2014, and a yet to be determined
amount for calendar year 2015) as well as an additional amount which is provided under a Section
125 Flexible Benefits program. The amounts below include the minimum amount under PEMHCA.
B. The Flexible Benefits contribution per month per eligible employee is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$550 $800 $1,025
C. Effective the pay period that includes July 1, 2014, the Flexible Benefits contribution per month per
eligible employee will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$675 $925 $1,150
D. Employees who do not take medical insurance through the program offered by the City shall receive
$300 per month as the Flexible Benefits Opt -Out contribution. As a condition of receiving such
amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. If the employee
also opts out of the City's dental insurance, the employee must also provide evidence, satisfactory
to the City, that he/she has dental insurance coverage comparable to coverage available through
the City program.
E. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid
out of their Flexible Benefits contribution. Employees may allocate the remaining amount among
the following programs:
1. Medical insurance
2. Dental insurance
TPOA MOU 2013-15
3. Additional life insurance
4. Vision insurance
5. Deferred compensation
6. Section 125 Flexible Spending Account for medical or dependent care reimbursement
7. Eligible catastrophic care programs
8. Cash
Discretionary allocations are to be made in accordance with program/City requirements including
restrictions as to the time when changes may be made in allocations to the respective programs.
F. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this Agreement unless changed by mutual agreement of the City and Association. The City retains
the right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee -funded.
Article 20. Retirement
A. All employees covered under this Agreement shall be members of the California Public Employees'
Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with
CaIPERS, as amended.
B. Employees first hired by the City as Local Safety members prior to January 1, 2012 shall be provided
the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2.
1. Effective the pay period that includes July 1, 2013, the employee is responsible for paying the
employee contribution of 9% of the employee's wages through a pre-tax payroll deduction. The
City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure
that the employee contribution is made on a pre-tax basis.
2. Effective the pay period that includes July 1, 2014, these employees are responsible for paying
an additional pension contribution of three percent (3%) as cost sharing in accordance with
Government Code section 20516(f), for a total employee pension contribution of twelve percent
(12%). If, at any time in the future, the Association informs the City that it no longer agrees to
this cost sharing agreement, effective on the date of the elimination of the cost sharing (which
would need to coincide with the expiration date of the MOU) the employees' base salary would
be reduced by an amount equal to the value of this three percent (3%) cost sharing.
3. The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor Benefits),
Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as
Public Service). The employee is responsible for paying the employee portion of the 1959
Survivor benefit premium.
C. Employees first hired by the City as Local Safety Members on or after January 1, 2012, excluding any
individuals defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of
2013, shall be provided the CaIPERS 2% @ 50 retirement formula.
TPOA MOU 2013-15
1. The employee is responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CalPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis.
2. Effective the pay period that includes July 1, 2014, these employees are responsible for paying
an additional pension contribution of three percent (3%) as cost sharing in accordance with
Government Code section 20516(f), for a total employee pension contribution of twelve percent
(12%). If, at any time in the future, the Association informs the City that it no longer agrees to
this cost sharing agreement, effective on the date of the elimination of the cost sharing (which
would need to coincide with the expiration date of the MOU) the employees' base salary would
be reduced by an amount equal to this three percent (3%) cost sharing.
3. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 20037.
D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2.7% @ 57 plan for Local Safety members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2013, the employee contribution is 11.50%. This amount will be
determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 7522.32(a).
E. Employees first hired by the City as Miscellaneous members (i.e. Police Recruits) on or after January
1, 2012, excluding any individuals defined as "new members" by the Public Employees' Pension
Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @ 60 retirement formula for Local
Miscellaneous members.
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TPOA MOU 2013-15
1. The employee is responsible for paying the employee contribution of 7% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CalPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or as designated by the employee in accordance with
Government Code Section 20037. The plan provides for 3`d level of 1959 Survivor benefits with
the employee paying the employee portion of the premium.
F. Individuals first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2% @ 62 plan for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2013, the employee contribution is 6.25%. This amount will be
determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or as designated by the employee in accordance with
Government Code Section 7522.32(a). The plan provides for 3`d level of 1959 Survivor benefits
with the employee paying the employee portion of the premium.
Article 21. Deferred Compensation
For each unit employee, the City shall contribute $37 per month to a Section 457 deferred
compensation plan. It is the responsibility of each employee to complete the necessary paperwork and
take required steps to enroll in the plan. Should an employee fail to enroll, the City is under no
obligation to make retroactive contributions on behalf of said employee. Employees hired into the
bargaining unit shall be provided with notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
Article 22. Employee Life Insurance
A. The City will provide life insurance on the life of each regular, permanent full-time employee and
pay the required premiums. The death benefit of said insurance shall be one hundred percent
(100%) of the employee's base annual salary to the nearest multiple of $1,000, up to a maximum of
$200,000. The City will also provide $1,000 per dependent of dependent life insurance.
B. The City shall also make available, at the employee's option, a supplemental life insurance policy.
The premium of the supplemental polity shall be paid by the employee.
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TPOA MOU 2013-15
Article 23. Long -Term Disability (LTD) Plan
A. The TPOA-provided Long -Term Disability (LTD) Insurance Plan specifically forsworn police personnel
in effect as of January 1, 2000 shall continue in full force and effect during the term of this
agreement unless changed by the mutual agreement of the City and the Association.
B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund.
C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during
the initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave during the 30 day period beginning
with the first day of the leave. In the event no leave time is available, the employee shall be on
leave without pay for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her
pre -disability earnings.
D. Provided an employee is eligible for FMLA/CFRA leave, Flexible Benefits will be continued for ninety
(90) days of a disability leave and such time will be counted towards satisfying Federal Family
Medical Leave Act (FMLA) and California Family Rights Act (CFRA) requirements.
E. Eligibility for City benefits provided in parts C and D of this Article is conditioned upon the City's
receipt of proof of disability.
F. Police Recruits shall participate in the City's Short -Term / Long -Term Disability (STD/LTD) plan under
the same terms, conditions and cost as those employees in the general employee bargaining unit
(TMEA).
Article 24. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of
benefit to the employee and to the City. Full-time employees will be eligible for reimbursement by the
City of tuition for professional technical courses subject to the following conditions:
1. Department head and Director of Human Resources approval must be obtained before
enrollment in the course.
2. Reimbursement shall be made for tuition fees, textbooks, lab fees, or required supplies, upon
completion of the course with a satisfactory grade and after the completion of the initial
probationary period.
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3. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same course.
4. Reimbursement for up to $500 each calendar year if the employee is attending a community
college, $1,500 if the employee is attending a job related program through California State or
University of California extended education programs, or $2,000 each calendar year if the
employee is attending a four year college or university will be paid upon receipt by the Human
Resources Department of proof of successful completion of the course(s) and proof that
payment of fees has been made. If an employee attends both a community college and four
year college or university in a calendar year the maximum reimbursement shall be $1,000.
5. The City has set up procedures that allow for expedient reimbursement for classes taken and
fees paid. Employees may request reimbursement in the calendar year that the class is taken
and completed. Failure to request reimbursement in a timely manner and/or classes taken in
excess of the allowable reimbursement level cannot be carried over to a future year
reimbursement period.
Article 25. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $350 per month for the
payment of CalPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($115 for
calendar year 2013, $119 for calendar year 2014, and a yet to be determined amount for calendar
year 2015).
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for five (5) full years, retires from the City and
CaIPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CalPERS may satisfy the five (5) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CaIPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CalPERS may satisfy the ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped,
reimbursement will cease and will not be reinstated.
[15]
CHAPTER 4 — LEAVES OF ABSENCE
Article 26. General Leave
TPOA MOU 2013-15
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years
160 hours
320 hours
6-10 years
208 hours
416 hours
Over 10 years
248 hours
496 hours
B. Once per fiscal year, each regular and promotional probationary employee may request that he/she
be paid for a maximum of forty (40) hours of accrued General Leave. Requests for cash out must be
received no later than two weeks prior to the paycheck date when the cash out is requested. The
right to cash out 40 hours of accrued General Leave discussed herein is separate and apart from the
cash out of hours from the Excess General Leave Bank ("EGLB") discussed below.
C. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Should an employee request to use General Leave in accordance with department
procedures and be denied the use of leave which will result in the employee reaching his/her
maximum accrual cap, the Director of Human Resources will be notified to facilitate an agreeable
remedy for both parties.
D. Upon separation from the City service the employee will be paid for unused General Leave, at the
employee's then current base salary rate.
E. Effective on Sunday July 1, 2012, accrued General Leave in excess of that figure that is one hundred
twenty hours below the new maximum accrual caps (i.e. hours above 200 for 0-5 years, 296 for 6-10
years, 376 for over 10 years) was transferred to an "Excess General Leave Bank" ("EGLB"). Hours in
the EGLB may be used for General Leave purposes.
Effective the second pay check each July, the City will cash out forty hours of excess General Leave
from each employee's EGLB, until such EGLB is exhausted. Should the EGLB contain less than forty
hours at the time of the mandatory cash out, the remaining balance will be cashed out. Should
employees with an EGLB wish to cash out General Leave pursuant to Article 26.13, the hours to be
cashed out must first be taken from the EGLB.
F. The use of General Leave for reasons other than non -industrial illness or injury must be approved by
the department head and due regard shall be given to the employee's preference in scheduling such
paid leave time.
G. Advanced General Leave is available under the following provisions:
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TPOA MOU 2013-15
a. A unit member requests a leave of absence for a "serious health condition" as that term is
defined under the FMLA/CFRA for him or herself, a child, parent, spouse or registered
domestic partner; and
b. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave
accrued; and
c. The employee exhausts his/her General Leave accrual; then
d. Upon request of the employee, the City will grant an advance of one -hundred twenty (120)
hours of General Leave for use in conjunction with the serious health condition (as defined
above).
The Advanced General Leave must be repaid to the City once an employee returns to work. Advanced
General Leave will be repaid by transferring newly accrued General Leave back to the City until full
repayment of the leave has been returned. However, should an employee request and receive
Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic
leave donation bank to the City prior to providing the employee use of the donated hours.
Article 27. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, the employee may elect the option of accruing
Compensatory Time Off at the rate of time and one-half (1%), subject to a maximum accrual of forty
(40) hours.
B. The time during which an employee may take Compensatory Time Off shall be subject to approval
by the Police Chief or designee with due regard for the wishes of the employee and for needs of the
service. However, an employee wishing to use his/her accrued Compensatory Time Off shall provide
the City with reasonable notice of such request. If reasonable notice is provided, the employee's
request will not be denied unless it would be unduly disruptive to the department to grant the
request. A request to use Compensatory Time Off without reasonable notice may still be granted
within the discretion of the supervisor or manager responsible for considering the request.
C. Upon separation from City service, an employee shall be compensated for all accrued Compensatory
Time Off at his/her regular rate of pay.
Article 28. Holidays
A. The following Holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
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New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
TPOA MOU 2013-15
December 31 New Year's Eve
B. Except as otherwise provided, when a Holiday occurs on a Sunday, the following Monday will be
observed instead and when a Holiday occurs on a Saturday, the preceding Friday will be observed
instead.
C. For the designated Holidays, employees are eligible for nine (9) hours of paid time off for each full
day. Unless operational needs, as determined by the Police Chief, require that the time off be taken
at some other date, the time off will be taken on the scheduled Holiday. If the Holiday hours paid on
a Holiday or substituted day off are less than the employee's regularly scheduled hours the
employee may use accrued Compensatory Time Off or General Leave to ensure that hours paid will
be the same as would regularly be paid for the day.
D. In December of each year, each regular and promotional probationary employee will be granted
Advance Holiday Pay, a cash out of his/her Holiday credit for the following year in lieu of having time
off. The employee must have General Leave accrued in an amount equivalent to the Holiday cash
out requested to be eligible for full payment of the Advance Holiday Pay in January. In the event the
employee does not have the required hours in his/her General Leave bank, pursuant to the City's
leave report for Pay Period 25 of each year, the Advance Holiday Pay shall be made in two
installments, forty-five (45) hours in January (January — September Holidays) and fifty-four (54)
hours in October (October — December Holidays) of each year.
In the event that an employee separates from service and has used and/or been paid for Holidays in
excess of the pro -rata earned hours per month, the overage shall be deducted from his/her final
check.
In the event an employee is on unpaid status immediately before or after the holiday, or is not
otherwise eligible to receive a paid Holiday, and has received Advance Holiday Pay, the City shall
reduce the employee's leave bank(s) by the amount of hours of any unearned Holiday previously
paid on the payroll immediately following the Holiday (or as soon as the overpayment is discovered).
E. The parties agree that Holiday Pay is additional compensation for employees who are normally
required to work on an approved holiday because they work in positions that require scheduled
staffing without regard to holidays and shall, to the extent legally permissible, be reported as special
compensation pursuant to Title 2 CCR, Section 571(a)(5).
Article 29. Bereavement Leave
The City will allow up to fifty (50) hours of paid leave for the purpose of Bereavement Leave in the event
of a death in the employee's immediate family. For purposes of this section, "immediate family" shall be
defined as including the spouse, registered domestic partner, mother, stepmother, father, stepfather,
brother, sister, child, stepchild, grandparent, and grandchild of the employee or the employee's
spouse/registered domestic partner. An employee may use less than fifty (50) hours. Bereavement
Leave is intended to allow time for an employee to mourn the loss of a loved one and/or to assist family
members during a time of loss. In the event an extended absence or travel is necessary, the employee
may request to use General Leave to supplement Bereavement Leave.
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TPOA MOU 2013-15
Article 30. Military Leave
Upon notice from the Association that a unit employee has been called to Active Duty, the City will,
within 30 calendar days, place on the City Council Agenda a Resolution for consideration that would
provide the affected employee with supplemental salary in the event his/her military pay and associated
dollar stipends and extras is less than he/she would have earned in base pay if the employee had not
been called to Active Duty.
CHAPTER 5 — WORKING CONDITIONS
Article 31. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the rules regarding
hours of work, Holidays, and leaves.
B. Any employee who is absent from duty shall report the reason for such absence to the department
head or immediate supervisor prior to the absence as far in advance as possible and in no case later
than two (2) hours before the beginning of the employee's scheduled work shift. Absences not
reported in such manner may be considered absence without leave. A deduction of pay may be
made for the duration of any absence without leave. Upon return to work, such absence shall be
justified to the department head who shall consider the need for disciplinary action or to approve
the absence as unavoidable and allow the employee to make up the lost time or cover it with
General Leave.
C. Absence from work without approved leave and without reasonable cause for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. If an employee has a leave of absence without pay in excess of thirty (30) calendar days, continuous
service shall be considered interrupted for purposes of advancement within a salary range. Absence
with pay shall not be considered an interruption of an employee's continuous service and shall not
be deducted in computing total city service time.
Article 32. Work Schedules
A. Police Officers work schedules under Section 207(k) of the Fair Labor Standards Act (FLSA).
B. Department work schedules include:
1. The 4/10 work schedule for employees in Special Assignments. In each seven (7) calendar
day period, the employee works four 10 -hour days where the scheduled work shift
commences and ends at the same time each day followed by three (3) consecutive days off.
2. The 3/12.5 work schedule for employees in Patrol. In each seven (7) calendar day period,
the employee works three 12.5 hour days where the scheduled work shift commences and
ends at the same time each day and is followed by four (4) consecutive days off. During the
28 day work cycle, the employee must work one additional 10 -hour shift.
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TPOA MOU 2013-15
C. Continuation of the schedule is subject to needs of the department, provided that if the department
desires to discontinue that work schedule, the employee will revert to the 9/80 work schedule or
some other schedule upon mutual agreement of the department and employee.
D. Department employees will select shifts as follows:
1. The City is divided into two separate patrol areas— North and South.
2. Patrol officers will select patrol area assignments by seniority every other year.
3. Available shifts will be designated by the department by patrol area. Police Officers will
select shifts in their respective areas twice a year. Police Officers are limited to twelve (12)
consecutive months on any shift assignment (day shift, cover watch, or graveyard). Based on
departmental needs, a Police Officer may be allowed to extend beyond the twelve (12)
consecutive month rotation.
4. Based on department needs, shift assignments may be reserved for probationary Police
Officers during the first twelve (12) months of probation. Shift assignments may be reserved
for lateral Police Officers (with patrol experience) for their first shift assignment. For lateral
Police Officers (without patrol experience) the department may reserve shift assignments
for their first twelve (12) months. The remaining shifts will be selected by patrol area by
seniority.
5. Field Training Officers will be given the opportunity to select shifts by seniority. In the event
the voluntary "by seniority" shift selection does not provide the necessary coverage, the
Chief of Police, or designee, may assign Field Training Officers to shifts that provide
necessary coverage. When making mandatory shift assignments for Field Training Officers,
management will make an effort to adhere to the shift preferences of Field Training Officers.
6. Bilingual Police Officers will be given the opportunity to select shifts by seniority. In the
event the voluntary "by seniority" shift selection does not provide the necessary coverage,
the Chief of Police, or designee, may assign Bilingual Police Officers to shifts that provide
necessary coverage. When making mandatory shift assignments for Bilingual Police Officers,
Management will make an effort to adhere to the shift preferences of Bilingual Police
Officers.
7. If a Police Officer assigned to a Special Assignment returns to patrol, at a time other than at
shift selection, he/she will be assigned to a patrol area and shift based on the staffing needs
of the department.
8. If a Police Officer assigned to a Special Assignment returns to patrol, in conjunction with
shift selection, he/she will be assigned to a patrol area but will participate in the shift
selection process based on seniority.
9. If at the time of Shift Change a Police Officer is off work on a medical leave of absence
without a documented return -to -work date from his/her primary treating physician, he/she
will not be permitted to select a shift for the upcoming deployment period. However, if a
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TPOA MOU 2013-15
Police Officer is off work on a medical leave of absence and has presented the City with a
documented return -to -work date that will fall within the upcoming deployment period,
he/she will be permitted to select a shift at the time of Shift Change.
E. Employees assigned to special task forces or regional teams will work the hours that the team
works.
F. Employees may have their work schedule changed to accommodate training assignments which are
eight (8) or more hours in duration.
Article 33. Shift Trades
Employees in the unit have the right to trade shifts with their colleagues at the same rank subject to the
following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade. However,
denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift
was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and
will not be monitored by the City. Traded shifts should fall in the same two week pay cycle. They
must fall within the same 28 day work period. If an employee leaves the City having not paid back
a shift, it shall be the responsibility of the two employees to work out any pay back.
S. If an employee agrees to trade shifts with another employee and then calls in sick and/or does
not work the shift, the employee who agreed to work the shift shall have his/her General Leave
deducted.
Article 34. Rest Periods and Lunch Breaks
A. All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4)
hours of their work shift. The scheduling of the rest breaks shall be the responsibility of the
employee's supervisor.
B. Employees receive a paid lunch break because they are required to be working or available to
respond immediately to calls for service during their lunch time.
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 3S. Employee Rights
As the recognized representative of the employees covered by this memorandum of understanding, the
City acknowledges and recognizes the following employee rights:
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TPOA MOU 2013-15
1. TPOA shall have access to and be provided with payroll deduction of dues, fees, and
assessments without charge through the City's regular payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the posting of notices,
updates, meeting minutes and other material related to TPOA business.
3. TPOA shall be afforded the reasonable use of department copy machines and faxes and will
reimburse the City for any material costs or toll fees for such use.
4. Upon notice and subject to availability, the City shall allow TPOA the use of City facilities
including meeting rooms for TPOA membership, Board of Directors and committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for preparation for and
attendance at meetings with management related to the meet and confer process and labor
relations matters.
6. All bargaining unit members shall have the right to representation by TPOA in processing
grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time
to meet with TPOA representatives for discussion and consultation on grievances and
disciplinary appeals.
7. TPOA shall have the exclusive right on behalf of the bargaining unit to meet and confer with
management over matters of wages, benefits, hours, and terms and conditions of employment
pursuant to State and Federal laws.
8. All bargaining unit members shall have the right to join and participate in the activities of TPOA
free from interference, intimidation, coercion, or discrimination.
9. TPOA shall have the right to distribute a reasonable amount of association information and
newsletters at the job site.
10. TPOA representatives shall have the right to reasonable use of department telephones and e-
mail for the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable access to the
workplace.
12. TPOA representatives may be granted General Leave or other leave for labor relations training.
13. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 36. Third Party Advisory Process for Disciplinary Appeals
A. Disciplinary actions, which may move beyond the department head's decision, include the actions of
termination, suspension, reduction of salary, and demotion. The "third party" advisory process is the
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step between the department head's action and the City Manager's final decision. In the
department head's notice of final disciplinary action (which should be served by registered mail or
personal delivery) shall be a statement which clearly informs the employee that he/she has the
right, within ten (10) working days after receipt of the response, to request the next level of appeal.
The day the employee receives the department head's final notice shall not count as one of the ten
(10) days.
B. The employee's request for the next level of appeal must be addressed to the Director of Human
Resources and received in the Human Resources Department so that same is date stamped by the
Human Resources Department with the ten (10) day period.
C. If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless
good cause for the failure is shown, the action of the department head shall be considered
conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee
involved files such notice of appeal by giving written notice of appeal to the Director of Human
Resources, an appeal hearing shall be established as follows:
1. If a single third party hearing officer cannot be agreed upon by the Director of Human
Resources and the employee's representative (or employee alone if unrepresented), the
American Arbitration Association shall be requested to submit a list of seven (7) persons
qualified to act as arbiters to the City and employee. Within ten (10) days following receipt
of the list of arbiters, the parties shall meet to select the arbiter. The parties shall
alternately strike one (1) name from the list of arbiters (the right to strike the first name to
be determined by lot) until one (1) name remains, and that person shall be the arbiter.
2. Where practicable, the date for the hearing shall not be less than twenty (20) days, nor
more than sixty (60) days, from the date of the filing of the appeal with the Director of
Human Resources. The parties may stipulate to a longer or shorter period of time in which
to hear the appeal. All interested parties shall be notified in writing of the date, time, and
place of hearing.
3. All hearings shall be private, provided, however, that the arbiter shall, at the request of the
employee, open the hearing to the public.
4. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the
request of either party, not less than five (5) working days, prior to the commencement of
such hearing. After the commencement of such hearing, subpoenas shall be issued only at
the discretion of the arbiter.
5. The hearing need not be conducted in accordance with technical rules relating to evidence
and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of
the existence of any common law or statutory rules, which might make improper the
admission of such evidence over objection in civil actions. Hearsay evidence may be used
for the purpose of supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be admissible over objection in civil
actions. The rules of privilege shall be effective to the same extent that they are now or
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TPOA MOU 2013-15
hereafter may be recognized in civil and criminal actions, and irrelevant and unduly
repetitious evidence shall be excluded. The arbiter shall not be bound by technical rules of
evidence. The arbiter shall rule on the admission or exclusion of evidence.
6. Each party shall have these rights: to be represented by legal counsel or other person of
his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine
opposing witnesses or any matter relevant to the issues even though that matter was not
covered in the direct examination; to impeach any witness regardless of which parry first
called him/her to testify; and to rebut the evidence against him/her. If the respondent does
not testify in his/her own behalf, he/she may be called and examined as if under cross-
examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will
be engaged to record the hearing, unless the parties (City, arbiter, employee/employee
representative) mutually agree that same is not necessary.
7. The hearing shall proceed in the following order, unless the arbiter, for special reason,
otherwise directs:
a. The party imposing discipline shall be permitted to make an opening statement.
b. The appealing party shall then be permitted to make an opening statement.
c. The party imposing disciplinary action shall produce the evidence on his/her part;
the City bears the burden of proof and burden of producing evidence.
d. The parry appealing from such disciplinary action may then open his/her defense
and offer his/her evidence in support thereof; the employee bears the burden of
proof and the burden of producing evidence for any affirmative defenses asserted.
e. The parties may then, in order, respectively offer rebutting evidence only, unless the
arbiter for good reason permits them to offer evidence upon their original case.
f. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
8. The arbiter shall determine relevancy, weight, and credibility of testimony and evidence. He/she
shall base his/her findings on the preponderance of evidence. During the examination of a
witness, all other witnesses, except the parties, shall be excluded from the hearing unless the
arbiter, in his/her discretion, for good cause, otherwise directs. No still photographs, moving
pictures, or television pictures shall be taken in the hearing chamber during a hearing. The
arbiter, prior to or during a hearing, may grant a continuance for any reasons he/she believes to
be important to reaching a fair and proper decision. The arbiter shall render his/her judgment
as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days
after conducting a hearing. His/her decision shall set forth findings of fact and conclusions. The
opinion shall be advisory only.
9. The arbiter may recommend sustaining or rejecting any or all of the charges filed against the
employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action
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TPOA MOU 2013-15
invoked against the employee. He/she may not recommend for discipline more stringent than
that invoked by the department head.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a copy sent
to the charged employee, and the Director of Human Resources and shall set forth his/her
findings and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's
recommendation, the opinion shall set forth the recommended date the employee is
recommended to be reinstated and/or other recommended action. The reinstatement date, if
appropriate, may be any time on or after the date of disciplinary action.
10. Within thirty (30) days of the receipt of the arbiter's findings and recommendations, and
transcript (which is optional only in certain cases), whichever date is later, the City Manager
shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of
the arbiter. Prior to making a decision, which modifies or rejects the recommendation of the
arbiter, the City Manager shall order and read the transcript of the Third Party Advisory Process.
Prior to making a decision which supports the arbiter, the City Manager may order and read the
subject transcript, at his/her option, allow limited oral arguments and/or may request and
review written statements from either side. The decision of the City Manager shall be final and
conclusive. Copies of the City Manager's decision, including the arbiter's recommendations(s)
shall be filed where appropriate, including the employee's personnel file, unless no discipline is
upheld by the City Manager. Each party shall bear equally the cost of facilities, fees and
expenses of the arbiter, including the court reporter and transcripts. If the City Manager orders
a transcript for his/her review, the City shall bear the cost of providing the transcript. Each party
shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a
scheduled arbitration, thereby resulting in a fee charged by the arbiter or court reporter, then
the party responsible for the cancellation or postponement shall be solely responsible for the
payment of that fee. This process shall not apply to mutual settlements by the parties, which
result in an arbitration fee.
11. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City
Manager, the time of such suspension, demotion or dismissal shall be effective from the first
day after such delivery of said decision or shall relate back to be effective as of the date the
employee was suspended from duty pending hearing before and decision by the City Manager,
whichever is applicable. If discipline imposed resulted in loss of pay, the pay loss shall be
restored to the employee based on the number of standard work hours lost computed at
his/her then base hourly rate. The provision of Section 1094.6 of the Code of Civil Procedure
shall be applicable to proceedings under this Article.
Article 37. Rules of Evidence and Procedure for Employees Removed from Special Assignments
Any Police Officer removed from a Specialty Pay position for non -disciplinary reasons may file a written
appeal with the City Manager within 10 days of receiving notice of removal, in accordance with the
following:
1. Hearings shall be conducted by the City Manager or his/her designee.
[25]
TPOA MOU 2013-15
2. The question to be decided is whether the City abused its discretion in removing the Police
Officer from the Specialty Pay position.
3. Formal rules of evidence and procedure that may be applicable in a court of law shall not apply
to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of
evidence that responsible persons are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any judicial rule which might have made improper the admission
of such evidence over objection in civil actions. Hearsay evidence may be admitted for the
purpose of supplementing or explaining any direct evidence but shall not be sufficient by itself
to support a finding unless it would be admissible over objection in civil actions. The rules of
privilege shall be applicable to the same extent that they are recognized in civil actions.
4. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-
examine opposing witnesses. If the employee does not testify his or her own behalf, the
employee may be called and examined as if under cross-examination.
5. Testimony shall be recorded by means of either a tape recording or certified court reporter.
6. Witness shall be sworn unless both parties stipulate otherwise.
7. Written declarations made under penalty of perjury shall be admissible, provided, however, that
declarants shall be made available for testimony at the request of the party against whom the
declaration is offered.
8. The Police Officer appealing the removal from the Specialty Pay position has the burden of
proof. The standard of proof is a preponderance of the evidence. The City shall present its case
first. During the presentation of the City's case, the officer shall have the right to cross-examine
any witness called to testify by the City. During the presentation of the officer's case, the City
shall have the right to cross-examine any witness called by the employee to testify.
9. Both parties shall have the right to counsel. Employee may be represented by the applicable
employee organization representative.
10. Both parties shall have the right to present an opening argument prior to the presentation of
any evidence and a closing argument after the presentation of all evidence.
11. The City Manager, or his/her designee, shall decide all questions of procedure and evidence.
12. The City Manager, or his/her designee, shall issue a written decision within 30 days of 1) the
conclusion of the hearing, or 2) the receipt of post -hearing briefs if such briefs are requested by
the City Manager or his/her designee.
13. The decision of the City Manager shall be final and binding. If the City Manager chooses to
designate a hearing officer, that hearing officer will make a recommendation based on written
findings to the City Manager, whose decision shall be final and binding.
[26)
TPOA MOU 2013-15
14. Any objection to the City Manager, or his/her designee, on the grounds of bias, must be made in
writing, stating the reasons therefore, by delivering of the writing to the City Manager no later
than five (5) days prior to the date of the hearing.
Article 38. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written
rebuttal attached to a performance evaluation with which the employee disagrees.
Article 39. No Strike / Job Action
A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves
and the employees in the bargaining unit that they will not cause or condone any strike, walkout,
work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and
responsibilities, withholding of services or other interference with City operations, including
compliance with the request of other employees and/or labor organizations to engage in any or all
of the preceding activities.
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. In the event of such activities, the Association shall immediately instruct any person engaging in
such conduct that they are violating the Agreement and that they are engaging in unauthorized
conduct and should resume full and faithful performance of their job duties.
Article 40. Management Rights
Except as otherwise specifically provided for in State and/or Federal laws, and this Agreement, the City
reserves and retains and is vested with all rights of management which have not been expressly
abridged by specific provisions of this Agreement or by law to manage the City. This shall include, but is
not limited to:
1. The right to temporarily suspend the provisions of this Agreement in the event of and for the
duration of an emergency as determined by the City Council and/or by County, State, or Federal
action. In the event of such suspension of the Agreement, when the emergency is over,
management will immediately initiate the meet and confer process over replacement of any
salary, benefit, or working conditions lost by unit employees as a result of the suspension of this
Agreement.
2. The right to determine staffing and direct the work force, including the right to hire, promote,
demote, evaluate, transfer, layoff, or discharge for just cause any employee.
3. The right to contract or sub -contract services and/or work.
4. The right to take such further action as maybe necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
[27]
TPOA MOU 2013-15
5. The right to modify the performance evaluation form.
6. The right to modify and update class specifications.
Article 41. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
IN WITNESS WHEREOF, the parties hereto have executed this document this 2nd day of July 2013.
FOR THE CITY OF TUSTIN FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE OFFICER
REPRESENTATION UNIT
Jeffrey Parker, City Manager Michael Shrode, President
Charles Robinson, Deputy City Manager Matt Nunley, Vice President
Derick Yasuda, Human Resources Manager David Welde, Treasurer
Peter Brown, Liebert Cassidy Whitmore
[281
Jeremy Laurich, Secretary
Rob Wexler, Silver Hadden Silver Wexler+Levine
TPOA MOU 2013-15
APPENDIX A — MONTHLY SALARY RANGES
Effective July 1, 2013
Classification
A
B
C
D
E
F
Police Officer
5810.76
6108.30
6421.08
6749.88
7095.51
7458.28
Police Recruit
4306.33
n/a
n/a
n/a
n/a
n/a
[291
RESOLUTION NO. 13-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION, CONCERNING WAGES, HOURS, AND
TERMS AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Support Services Association
(TPSSA) have met and conferred in good faith in accordance with the requirements of
the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPSSA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2013 through June 30, 2015, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
I. The Memorandum of Understanding between the City and TPSSA, effective July
1, 2013, is hereby approved and incorporated herein by reference as though fully
set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2013, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of July 2013.
Resolution 13-58
Page 1 of 2
ELWYN A. MURRAY
Mayor
ATTEST:
JEFFREY C. PARKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 13-56 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2"d day of
July 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 13-58
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
TERM:
July 1, 2013 — June 30, 2015
TPSSA MOU 2013-15
TABLE OF CONTENTS
CHAPTER 1—GENERAL PROVISIONS.............................................................................................................3
Article1. Recognition................................................................................................................................3
Article2. Represented Classes..................................................................................................................3
Article3. Entire Agreement.......................................................................................................................4
Article4. Reopener....................................................................................................................................4
Article5. Severability.................................................................................................................................4
Article 6. Binding on Successors................................................................................................................5
Article7. Notices.......................................................................................................................................5
Article8. Payroll Deductions.....................................................................................................................5
CHAPTER2 — COMPENSATION......................................................................................................................5
Article9. Salary ..........................................................................................................................................5
Article 10. Overtime Compensation..........................................................................................................6
Article11. Uniforms..................................................................................................................................6
Article 12. Bilingual Compensation...........................................................................................................6
Article13. Standby Duty............................................................................................................................7
Article14. Call Back Duty..........................................................................................................................7
Article15. Shift Differential Pay................................................................................................................8
Article16. Acting Pay.................................................................................................................................8
Article17. Training Pay..............................................................................................................................8
CHAPTER3 — BENEFITS..................................................................................................................................9
Article 18. Flexible Benefits Plan...............................................................................................................9
Article19. Retirement.............................................................................................................................10
Article 20. Employee Life Insurance........................................................................................................11
Article 21. Short -Term / Long -Term Disability Insurance........................................................................12
Article 22. Tuition Reimbursement.........................................................................................................13
Article 23. Retiree Medical Insurance.....................................................................................................13
CHAPTER 4— LEAVES OF ABSENCE..............................................................................................................14
Article24. General Leave........................................................................................................................14
Article 25. Compensatory Time Off.........................................................................................................15
Article26. Holidays..................................................................................................................................15
Article 27. Bereavement Leave...............................................................................................................16
TPSSA MOU 2013-15
CHAPTER 5 —WORKING CONDITIONS.........................................................................................................17
Article28. Work Schedules.....................................................................................................................17
Article29. Shift Trading...........................................................................................................................18
Article30. Attendance.............................................................................................................................18
Article31. Rest Periods...........................................................................................................................19
Article32. Paid Lunch Break....................................................................................................................19
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................19
Article33. Employee Rights.....................................................................................................................19
Article 34. Appeals and Hearings............................................................................................................20
Article 35. Grievance Procedure.............................................................................................................23
Article 36. Performance Evaluations.......................................................................................................26
Article37. Membership Meetings...........................................................................................................26
Article 38. No Strike /Job Action............................................................................................................26
Article39. Agency Shop...........................................................................................................................26
Article40. Management Rights...............................................................................................................28
Article41. Layoffs....................................................................................................................................29
APPENDIX A — MONTHLY SALARY RANGES.................................................................................................30
APPENDIX B — POLICE SERVICES OFFICER CAREER OFFICER PROGRAM.....................................................31
TPSSA MOU 2013-15
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin,
hereinafter "City," the City's representatives have met and conferred in good faith with representatives
of the Tustin Police Support Services Association (TPSSA), hereinafter "Association," pertaining to the
subject of employee wages, benefits and conditions of employment; and
WHEREAS, the meetings between the Association and City representatives have resulted in an
agreement and understanding to recommend that the employees represented by the Association accept
all of the terms and conditions as set forth herein and that the City representatives recommend to the
City Council that it adopt by resolution or resolutions said changes to the wages, hours, and conditions
of employment.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
TPSSA is the exclusive representative of City employees in the representation unit, titled Police Civilian,
comprised of all full-time civilian, non -administrative, and non -management employees of the Police
Department of the City of Tustin for the purpose of representation on issues of wages, hours, and other
terms and conditions of employment and as such exclusive representative, the Association is
empowered to act on behalf of all employees in the unit, whether or not they are individually members
of the Association.
Article 2. Represented Classes
A. The classifications that comprise the Police Civilian Representation Unit are as follows:
Crime Analyst
Police Communications Lead (3/12.5)
Police Communications Officer 1/II (3/12.5)
Police Fleet Coordinator
Police Records Lead (4/10)
Police Records Lead (3/12.5)
[3]
TPSSA MOU 2013-15
Police Records Specialist (4/10)
Police Records Specialist (3/12.5)
Police Services Officer 1/11/III (4/10)
Police Services Officer 1/11/III (3/12.5)
Property and Evidence Technician
Article 3. Entire Agreement
This agreement, upon ratification and adoption, supersedes all prior agreements unless expressly stated
to the contrary herein and constitutes the complete and entire agreement between the parties and
concludes the meet and confer process for its term unless otherwise expressly provided for herein.
The City and TPSSA agree that any City resolutions, ordinances, rules, regulations or practices that are in
conflict with the MOU and its provisions are subordinate to this MOU and, where conflicts exist, this
memorandum of understanding shall prevail.
Article 4. Reopener
A. Either side may request to meet and confer over changes to this MOU which may occur prior to July
1, 2014 or later, for the purpose of effecting changes to this MOU to go into effect on July 1, 2014 or
later.
B. The parties recognize that certain state and federal laws, programs, and regulations, including the
Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter
healthcare coverage options, cost, or other elements of healthcare services that materially alter the
provisions of this MOU, either party may request to re -open the article of the MOU regarding
medical insurance for the purpose of discussing alternative approaches and proposals to providing
healthcare coverage and the City will not unilaterally implement any changes with regard to this
article. In addition, should state or federal laws concerning taxation of healthcare benefits change,
the parties agree to meet and discuss the impact of such change.
C. Prior to formally notifying the Association of a decision to lay off a position, the City will notify the
Association two work days (48 hours) in advance of the decision, in an effort to provide an
opportunity for the Association to provide feedback, suggestions and/or to ask questions regarding
the impending decision.
Article S. Severability
If any part of this Agreement is rendered or declared invalid by reason of any existing or subsequently -
enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of
this Agreement shall not render invalid the remaining parts hereof. In addition, if legislation is passed
which requires employees to pay more money out of pocket for their retirement benefit, the City will
agree to reopen negotiations to discuss the impact of such legislation on employees.
[4]
TPSSA MOU 2013-15
Article 6. Binding on Successors
This Agreement shall be binding on the successors and assigns of the parties hereto and no provisions,
terms or obligations herein contained shall be affected or changed in any way whatsoever by the
consolidation, merger, transfer or assignment of either party hereto.
Article 7. Notices
Notices hereunder shall be in writing, and if to the Association, shall be mailed to the Tustin Police
Support Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780; and, if the City, shall be
mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92780.
Article 8. Payroll Deductions
Deductions of authorized amounts may be made from employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
3. Contribution to survivors' benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. All authorized deductions to TPSSA.
12. Payment for non -return of uniforms and/or equipment issued.
13. Other purposes as may be authorized by the City.
14. Deferred compensation.
CHAPTER 2 — COMPENSATION
Article 9. Salary
A. Unit employees are placed on a salary schedule consisting of five steps in each range with an
approximate increment of 5% between steps.
B. Salary ranges for represented classifications are listed in Appendix A.
C. Upon promotion the employee shall receive a salary adjustment of at least 4.5%, provided that in no
event shall the promoted employee's salary exceed the maximum of the range.
[5)
TPSSA MOU 2013-15
D. Effective the pay period that includes July 1, 2013, the salary range shall include a new Step F, which
is five percent (5%) above Step E. Employees are eligible to advance between steps within a salary
range upon demonstration of satisfactory performance in accordance with City of Tustin Personnel
Rules Section 5.E (Merit Increase within the Salary Range).
E. On July 1, 2013, any employee who has completed at least one (1) year of service at Step E where
the employee has demonstrated overall satisfactory performance, as documented in the employee's
performance evaluation, will be eligible to receive a merit increase to Step F effective the pay period
that includes July 1, 2013. All other employees will be eligible to advance to Step F in accordance
with the existing merit increase process outlined in the Personnel Rules.
F. The Police Services Officer Career Ladder Program is discussed in Appendix B.
Article 10. Overtime Compensation
A. Overtime is subject to pre -approval by the employee's supervisor. All full-time represented
employees shall receive overtime compensation of time and one-half (1 %) for all overtime hours
worked in excess of:
1. Regularly scheduled hours per shift; or
2. Forty (40) hours worked in the designated seven (7) day Fair Labor Standards Act (FLSA)
work week for each employee.
B. General Leave, Compensatory Time Off and Holiday hours shall be included within the above hours
for eligibility, provided however, that Standby time shall not be considered in determining
entitlement to overtime compensation.
Article 11. Uniforms
The City will provide a uniform maintenance allowance of two -hundred and fifty dollars ($250) annually
($9.61 paid biweekly) for those full-time employees required by the City to wear uniforms.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the compensation paid for the purchase, rental and/or
maintenance of required uniforms shall be reported to CaIPERS as Special Compensation. The parties
agree that this pay is described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of
reportable special compensation. However, it is ultimately CaIPERS who determines whether any form
of pay is reportable special compensation.
Article 12. Bilingual Compensation
The City shall pay one hundred dollars ($100) per pay period to full-time employees in City -designated
positions who demonstrate skill in Spanish at the conversational level, or in another language which the
City Manager has approved as being needed for City business. Should a conflict arise regarding
designation of an employee for compensation, proficiency and need shall determine who is eligible.
[6]
TPSSA MOU 2013-15
Management will determine where and when the need is greatest, and management will devise and
administer a testing vehicle to determine degrees of proficiency.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as
Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a
"special assignment pay" — a type of reportable special compensation. However, it is ultimately CalPERS
who determines whether any form of pay is reportable special compensation.
Article 13. Standby Duty
A. Employees may be required to be on Standby Duty to respond to emergencies. The department will
determine Standby assignments. If on standby, employees must provide contact information where
they can be reached, either a home phone, cell phone or pager. If called, the employee must
respond within twenty (20) minutes and then must be able to return to the City (if necessary) to
address the issue within forty-five (45) minutes, unless commuting time prohibits returning within
forty-five (45) minutes. In the case where commuting time is an issue, the department will work
with the employee for a reasonable response. Employees must be able to return to work while on
Standby Duty. This means that they may not consume alcoholic beverages and must have the ability
to travel back to the City.
B. Employees assigned to Standby Duty shall be compensated at the rate of one (1) hour of straight -
time compensation for each twelve (12) hours of such duty.
C. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate
of two (2) hours of straight time for morning (8:00 a.m. —12:00 p.m.) appearances and two (2) hours
of straight time for afternoon (12:00 p.m. — 5:00 p.m.) appearances.
D. If a scheduled Standby is canceled and the employee is not advised of the cancellation before 6:00
p.m. on the day prior to the subpoena date, the employee shall receive two (2) hours of Standby
pay. A reasonable effort by the City (e.g. phone call, voicemail, or email) to notify the employee
prior to 6:00 p.m. on the day prior will negate the two (2) hours of Standby Pay. Employees who are
scheduled for Standby Duty shall advise the department of a telephone number where they can be
either reached or a message can be left to advise them of a cancellation.
E. Employees cannot receive Standby Pay for anytime period for which they are being paid to work.
Article 14. Call Back Duty
Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for
any call (fifteen (15) or more minutes beyond the end of their shift) which requires them to return to
duty. Call Back Pay begins when an employee returns to work and does not include travel time. Call Back
Pay does not apply to regular or pre -scheduled work.
An employee called back to work prior to his/her shift shall receive overtime for the additional time
worked by being called in. At the start time of his/her regular shift, and while working his/her regular
hours, the employee shall only receive regular pay. If the employee receives approval from his/her
[7]
TPSSA MOU 2013-15
supervisor to substitute regular pay and be absent from his/her regular shift with accrued leave, that is
acceptable.
Article 15. Shift Differential Pay
Any full-time unit employee assigned on a regular basis (ten (10) or more continuous working days) to a
shift that requires the employee to work hours after 8:00 p.m. shall receive a shift differential of
seventy-five dollars ($75) per pay period. The right to assign and/or reassign an individual to a particular
shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject
to the grievance and/or discipline appeals process.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CalPERS
as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as
a "special assignment pay" — a type of reportable special compensation. However, it is ultimately
CalPERS who determines whether any form of pay is reportable special compensation.
Article 16. Acting Pay
A full-time employee assigned to temporarily work in a higher classification will receive Acting Pay of 5%
of base pay. This rate will be paid after the employee has been in the assignment for thirty (30)
consecutive calendar days. An employee's base salary combined with Acting Pay can never exceed the
salary range of the acting classification.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CalPERS as
Special Compensation. The parties agree that acting pay ("Temporary Upgrade Pay") is described in Title
2 CCR, Section 571(a)(3) as a "premium pay" — a type of reportable special compensation. However, it is
ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 17. Training Pay
A. A full-time Communications Officer I, Police Services Officer 1/11/III, Police Records Specialist or
Property and Evidence Technician assigned to train a full-time TPSSA-represented employee in their
respective work units shall receive, in addition to his/her regular compensation, Training Pay at the
rate of $50 per pay period during a pay period in which the employee is assigned training duties.
This pay will be designated on the employee's timecard on the pay period when the training occurs.
B. A full-time Communications Officer II assigned to train shall be paid a 5% premium while training.
The beginning and ending dates for this pay will be designated by the completion of a Personnel
Action form (PAF).
C. The City has the absolute discretion regarding the assignment and reassignment of employees as a
trainer. Any such assignment is not vested and may be revoked at any time without cause and
without any right to challenge such action pursuant to the City's grievance appeal procedure.
[8)
TPSSA MOU 2013-15
D. It is the responsibility of an employee in a lead classification to provide leadership and training
without additional compensation.
E. In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of training pay shall be reported to CalPERS
as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4)
as a "special assignment pay" — a type of reportable special compensation. However, it is ultimately
CalPERS who determines whether any form of pay is reportable special compensation.
CHAPTER 3 — BENEFITS
Article 18. Flexible Benefits Plan
A.. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA) $115 for
calendar year 2013, $119 per month for calendar year 2014, and a yet to be determined amount for
calendar year 2015) as well as an additional amount which is provided under a Section 125 Flexible
Benefits program. The amounts below include the minimum amount under PEMHCA.
B. The monthly Flexible Benefits contribution per eligible employee is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$550 $800 $1,000
C. Effective the pay period that includes July 1, 2014, the Flexible Benefits contribution per month per
eligible employee will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$675 $925 $1,125
D. Full-time employees who do not take medical insurance through the program offered by the City
shall receive $300 per month as the Flexible Benefits Opt -Out contribution. As a condition of
receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she
has medical insurance coverage comparable to coverage available through the City program. If the
employee also opts out of the City's dental insurance, the employee must also provide evidence,
satisfactory to the City, that he/she has dental insurance coverage comparable to coverage available
through the City program.
E. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid
out of their Flexible Benefits contribution. Employees may allocate the remaining amount among
the following programs:
191
TPSSA MOU 2013-15
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Deferred compensation
6. Section 125 Flexible Spending Account for medical or dependent care reimbursement
7. Eligible catastrophic care programs
8. Cash
Discretionary allocations are to be made in accordance with program/City requirements including
restrictions as to the time when changes may be made in allocations to the respective programs.
F. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this Agreement unless changed by mutual agreement of the City and Association. The City retains
the right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee -funded.
Article 19. Retirement
A. Employees covered under this Agreement shall be members of the California Public Employees'
Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with
CaIPERS.
B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the
CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous
members. The plan includes both an employer and employee contribution.
1. Effective the pay period that includes July 1, 2013, the employee is responsible for paying the
employee contribution of seven percent (7%) of the employee's wages through a pre-tax payroll
deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code section
414(h)(2) to ensure that the employee contribution is made on a pre-tax. The plan has been
amended to include Section 21573 (Third Level of 1959 Survivor Benefits), Section 20042 (One -
Year Final Compensation), and Section 21024 (Military Service Credit as Public Service). The
employee is responsible for paying the employee portion of the 1959 Survivor benefit premium.
2. Effective the pay period that includes July 1, 2014, these employees are responsible for paying
an additional pension contribution of three percent (3%) as cost sharing in accordance with
Government Code section 20516(f), for a total employee pension contribution of ten percent
(10%). If, at any time in the future, the Association informs the City that it no longer agrees to
this cost sharing agreement, effective on the date of the elimination of the cost sharing (which
would need to coincide with the expiration date of the MOU) the employees' base salary would
be reduced by three percent (3%).
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TPSSA MOU 2013-15
C. Miscellaneous members employed by the City on or after January 1, 2012 who are "classic
members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be
enrolled in the CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an
employer and employee contribution.
1. The employee is responsible for paying the employee contribution of seven percent (7%) of the
employee's wages through a payroll deduction. The City has adopted the CaIPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis. This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code Section 20037. The plan provides for 3`d level of 1959
Survivor benefits with the employee paying the employee portion of the premium.
2. Effective the pay period that includes July 1, 2014, these employees are responsible for paying
an additional pension contribution of three percent (3%) as cost sharing in accordance with
Government Code section 20516(f), for a total employee pension contribution of ten percent
(10%). If, at any time in the future, the Association informs the City that it no longer agrees to
this cost sharing agreement, effective on the date of the elimination of the cost sharing (which
would need to coincide with the expiration date of the MOU) the employees' base salary would
be reduced by three percent (3%).
D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CaIPERS 2% @ 62 plan for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2013, the employee contribution is 6.25%. This amount will be
determined by CaIPERS in the future. The City has adopted the CaIPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or as designated by the employee in accordance with
Government Code Section 7522.32(a). The plan provides for 3`d level of 1959 Survivor benefits
with the employee paying the employee portion of the premium.
Article 20. Employee Life Insurance
The City will provide a life insurance policy for each full-time unit member. The City will pay required
premiums for the policy with a death benefit that shall be the greater of $50,000 or one hundred
percent (100%) of the employee's base annual salary rounded to the nearest multiple of $1,000, up to a
maximum of $200,000. The City will also provide $1,000 per dependent of dependent life insurance.
TPSSA MOU 2013-15
Article 21. Short -Term / Long -Term Disability Insurance
A. The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non-
industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of
the STD/LTD insurance carrier.
B. An employee who is receiving STD benefits under the City's program will be granted a leave of
absence for the duration of his/her non -industrial disability subject to a maximum period of six (6)
months. Such leave of absence may be extended for an additional six (6) months under LTD, upon
approval of the City Manager.
C. All unit employees are required to participate in the program. Premiums are deducted from the
employee's pay on an after-tax basis.
D. In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave during the 30 day period beginning
with the first day of the leave. In the event no leave time is available, the employee shall be on
leave without pay for 80 consecutive hours.
E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her
pre -disability earnings.
F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently
with FMLA/CFRA leave.
G. For a new employee who has worked for the City for less than 12 consecutive months, and is
therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the
same Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a
period not to exceed 90 days. Should an employee receive 90 days of City -paid Flexible Benefits
within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is
subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall
reimburse the City for its' previous contribution.
H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever
occurs first), no paid leave shall accrue to the employee.
I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of
60% of pre -disability base salary. The employee may supplement the STD/LTD carrier's payment
with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100%
of his/her pre -disability earnings.
J. The employee is responsible for all benefit elections and payments during his/her leave unless
he/she is eligible to opt out of such elections and chooses to do so. In the event the employee
chooses to continue his/her benefit elections, the employee is required to make timely payment to
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TPSSA MOU 2013-15
the City for such elections (including the cost of the STD/LTD program). In the event timely payment
is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an
amount equivalent to the premiums owed by the employee. In the event no paid leave is available,
the City is authorized to cancel the employee's coverage.
K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any
rolling 12 -month period.
Article 22. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of
benefit both to the employee and to the City. Full-time employees shall be eligible for tuition
reimbursement and will be eligible for reimbursement of eligible expenses by the City for professional
and technical courses subject to the following conditions:
1. Department head and Director of Human Resources approval must be obtained before
enrollment in the course.
2. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade (a "C" or above" or "Pass") and after the
completion of the initial probationary period.
3. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same courses.
4. Reimbursement for up to seven hundred and fifty dollars ($750) each calendar year if the
employee is attending a community college, one thousand five hundred dollars ($1,500) for
employees attending a job-related program through California State or University of California
extended education programs, or one thousand five hundred dollars ($1,500) each calendar
year if the employee is attending a four year college or university will be paid upon receipt by
the Human Resources Department of proof of successful completion of the course and proof
that payment of fees has been made. If an employee attends both a community college and
four year college or university in a calendar year the maximum reimbursement shall be one
thousand dollars ($1,000).
Article 23. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $250 per month for the
payment of CalPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($115 for
calendar year 2013, $119 per month for calendar year 2014, and a yet to be determined amount for
calendar year 2015).
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for five (5) full years, retires from the City and
CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees who suffer a disability, are unable to return to work, and take a disability retirement
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TPSSA MOU 2013-15
from CaIPERS may satisfy the five (5) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees who suffer a disability, are unable to return to work, and take a disability retirement
from CalPERS may satisfy the ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped,
reimbursement will cease and will not be reinstated.
CHAPTER 4 — LEAVES OF ABSENCE
Article 24. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service
0-5 years
6-10 years
Over 10 years
General Leave
Hours Per Year
160 hours
208 hours
248 hours
Maximum Accrual
320 hours
416 hours
496 hours
B. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Upon separation from the City service, the employee will be paid for unused General
Leave, not to exceed the maximum of two years entitlement, at the employee's then current base
salary rate.
C. The use of General Leave for reasons other than non -industrial illness or injury must be approved by
the department head and due regard shall be given to the employee's preference in scheduling such
paid leave time.
D. Regular and promotional probationary employees may request to be paid for a maximum of twenty
(20) hours of accrued General Leave each year. General Leave cash out will be granted once per
fiscal year per employee upon employee request.
Effective with the pay period that ended on July 1, 2012, all accrued General Leave one hundred
twenty (120) hours below the new maximum (i.e. hours over 200, 296, or 376) was transferred to an
Excess General Leave Bank (EGLB).
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TPSSA MOU 2013-15
A mandatory cash out of forty hours of Excess General Leave will be paid to employees with the
second paycheck in July starting in 2012. Mandatory cash out of the Excess General Leave Bank will
continue each year until the Excess General Leave Bank is exhausted. Should the Excess General
Leave Bank contain less than forty hours at the time of the mandatory cash out, the remaining
balance will be cashed out. Should employees with an Excess General Leave Bank wish to cash out
General Leave pursuant to Article 24.1), the hours to be cashed out must first be taken from the
Excess General Leave Bank.
F. Employees may also use hours in the Excess General Leave Bank for General Leave purposes.
Article 25. Compensatory Time Off
A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving
overtime compensation at the rate of one and one half hour for each hour of overtime worked.
Employees may accrue up to eighty (80) hours of Compensatory Time Off.
B. Full-time employees will be paid for all Compensatory Time Off in December of each year provided
that an employee may retain a maximum of forty (40) hours in his/her account if notice of such
desired retention is submitted to the City.
C. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with
reasonable notice of such request. If reasonable notice is provided, the employee's request will not
be denied unless it would be unduly disruptive to the department to grant the request. A request to
use Compensatory Time Off with less than reasonable notice may still be granted within the
discretion of the supervisor or manager responsible for considering the request.
D. Upon separation from City service, an employee shall be compensated for all accrued Compensatory
Time Off at his/her regular rate of pay.
Article 26. Holidays
A. The following days shall be Holidays for which full-time regular and probationary employees, in
permanent positions, will receive compensation either in pay or paid time off.
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
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New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
TPSSA MOU 2013-15
B. Except as otherwise provided, when a holiday falls on a Sunday, the following Monday will be
observed instead and when a holiday falls on a Saturday, the preceding Friday will be observed
instead.
C. Each Holiday has a value of nine (9) hours. If the number of hours paid on a holiday is less than the
hours that would be paid if the employee worked his/her regular shift, accrued Compensatory Time
Off or General Leave will be used to ensure that hours paid will be equal to what the employee
would receive for his/her regular shift.
D. In December of each year, each full-time regular and promotional probationary employee may
request Advance Holiday Pay, a cash out of the employee's holiday credit for the following year in
lieu of having time off. The employee must have General Leave accrued in an amount equivalent to
the holiday cash out requested to be eligible for full payment of the Advance Holiday Pay in January.
In the event the employee does not have the required hours in his/her General Leave bank,
pursuant to the City's leave report for pay period 25 of each year, the Advance Holiday Pay shall be
made in January (January — September holidays) and October (October — December holidays) of
each year.
The Advance Holiday Pay request may only be for 1) all cash, 2) all General Leave, or 3) half cash and
half General Leave. The employee request shall be in writing and is irrevocable. In the event that an
employee separates from service and has used and/or been paid for holidays in excess of the pro -
rata earned hours per month, the overage shall be deducted from his/her final check.
In the event an employee is on unpaid leave immediately before and/or immediately after a holiday
or is not otherwise eligible to receive a paid holiday, and has received Advance Holiday Pay, the City
shall reduce the employee's leave bank(s) by the amount of hours of any unearned holiday
previously paid on the payroll immediately following the holiday (or as soon as the overpayment is
discovered).
E. In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of holiday pay for employees who are
normally required to work on an approved holiday because they work in positions that require
scheduled staffing without regard to holidays shall be reported to CaIPERS as Special Compensation.
The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) as a "statutory pay" — a
type of reportable special compensation. However, it is ultimately CalPERS who determines whether
any form of pay is reportable special compensation.
Article 27. Bereavement Leave
The City will allow up to fifty (50) hours of paid leave for the purpose of Bereavement Leave for all full-
time unit employees in the event of a death in the immediate family. For purposes of this section,
"immediate family" shall be defined as including spouse, registered domestic partner, mother,
stepmother, father, stepfather, brother, sister, child, stepchild, grandparent, or grandchild of the
employee or the employees' spouse/registered domestic partner.
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CHAPTER 5 — WORKING CONDITIONS
Article 28. Work Schedules
TPSSA MOU 2013-15
A. The FLSA workweek for all members of the unit shall be 168 regularly recurring hours.
B. Employees maybe assigned any of the following work schedules:
9/80 work schedule. The flex/off day is the same day every other week. In addition, the
employee's scheduled work hours cannot be changed on his/her flex/off day. For employees
working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in
length) shall begin exactly four hours after the start time of his/her eight hour shift on the
day of the week that corresponds with the employee's alternating regular day off.
b. 4/10 work schedule. For employees working the 4/10 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
3/12.5 work schedule. For employees working the 3/12.5 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
C. Employees assigned to the 3/12.5 work schedule are scheduled to work 2080 hours per fiscal year.
In a seven day period (168 hours in length), employees are assigned three 12.5 hour work days.
Additionally, once in every four week period, the employees are also assigned one ten hour work
day. During the work week when the ten hour day occurs, employees will be regularly scheduled for
forty-seven and one-half hours. This work schedule results in premium pay required under the Fair
Labor Standards Act (FLSA).
The regularly scheduled hours and resulting FLSA premium pay is defined as Special Compensation
by CaIPERS, in accordance with Title 2 of the California Code of Regulations (2 CCR §571). Such
compensation paid for a normal full-time work schedule, including premium pay required by FLSA is
reportable to CalPERS as Special Compensation.
Employees assigned to the 3/12.5 hour work schedule will be paid a base hourly rate that results in
the total pay for 2080 hours of regularly scheduled work being as close to equivalent to the total pay
earned by employees working 2080 hours in the same classification assigned to the 4/10 work
schedule. Hourly rates for the classifications are identified in Appendix A.
D. Continuation of the work schedules is subject to the needs of the City provided that if a 4/10 or
3/12.5 work schedule is discontinued, affected employees will be placed on the 9/80 work schedule.
E. Employees may be assigned to attend training on days other than their regularly scheduled work
days/shifts.
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TPSSA MOU 2013-15
Article 29. Shift Trading
Employees in the unit have the right to trade shifts with their colleagues in the same classification/level
subject to the following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade.
However, denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose
shift was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts
and will not be monitored by the City. Traded shifts should fall in the same two week pay
cycle. If an employee leaves the City having not paid back a shift, it shall be the responsibility
of the two employees to work out any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or
does not work the shift, the employee who agreed to work the shift shall have his/her
General Leave deducted.
Article 30. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the City's and/or
Department's rules regarding hours of work, holidays, and leaves.
B. Any employee who is absent from duty shall report the reason for such absence to the department
head or his/her immediate supervisor prior to the absence as far in advance as possible and in no
case later than two (2) hours before the beginning of the employee's scheduled work shift.
Absences not reported in such a manner may be considered absence without authorized leave. A
deduction of pay may be made for the duration of any absence without authorized leave. Upon
return to work, such absence shall be justified to the department head who shall consider the need
for disciplinary action or to approve the absence as unavoidable and allow the employee to make up
the lost time or cover it with General Leave.
C. Absence without leave and without reasonable cause to report to work for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. Continuous service for advancement within a salary range shall be considered interrupted if the
employee experiences a leave of absence without pay in excess of fifteen (15) work days. Absence
with pay shall not be considered an interruption of an employee's continuous service and shall not
be deducted in computing total City service time.
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TPSSA MOU 2013-15
Article 31. Rest Periods
A. Unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their
work shift. Employees are encouraged to take their rest breaks. In the event an employee is unable
to take his/her break(s), and is required to work through his/her breaks(s), the employee shall
confirm the necessity of working through his/her break(s) with the immediate supervisor who shall
then authorize equivalent compensation for the break(s) missed. The employee shall complete
his/her timecard and all necessary paperwork so that the employee receives the additional
compensation, which was approved by the immediate supervisor who confirmed the necessity of
working through the break(s).
B. No employee shall be intimidated, coerced, or discriminated against for exercising his/her
entitlement to rest periods or for seeking direction from the immediate supervisor on working
through rest breaks(s).
Article 32. Paid Lunch Break
A. All unit employees shall be entitled to receive compensation for a lunch break period not to exceed
30 minutes. Employees receive a paid lunch break because they are required to be working or
available to respond immediately to calls for service during their lunch time.
B. In the event an employee requests a lunch period free from recall status, such a break may be
approved by the on -duty supervisor with consideration to workload and deployment, and the
employee shall submit a General Leave request for the approved time away from the workstation.
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 33. Employee Rights
As the recognized representative of the employees covered by the Resolution, the City acknowledges
and recognizes the following employee rights:
1. TPSSA shall have access to and be provided with payroll deduction (as currently provided) of
dues, fees, and assessments without charge through the City's regular payroll system.
2. TPSSA shall be afforded the reasonable use of department bulletin boards for the posting of
notices, updates, meeting minutes and other material related to TPSSA business.
3. TPSSA shall be afforded the reasonable use of department copy machines and faxes and will
reimburse the City for any material costs or toll fees for such use.
4. Upon notice, and subject to availability, the City shall allow TPSSA the use of City facilities
including meeting rooms for TPSSA membership, Board of Directors and committee meetings.
5. Employees shall have the right to representation by TPSSA in processing grievances and
disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with a
TPSSA representative for discussion and consultation on grievances and disciplinary appeals.
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TPSSA MOU 2013-15
6. TPSSA shall have the exclusive right on behalf of the bargaining unit to meet and confer with
management over matters of wages, benefits, hours, and terms and conditions of employment
pursuant to State and Federal laws.
7. All bargaining unit members shall have the right to join and participate in the activities of TPSSA
free from management interference, intimidation, coercion, or discrimination.
8. TPSSA shall have the right to distribute reasonable association information and newsletters at
the job site.
9. TPSSA representatives shall have the right reasonable usage of department telephones for the
discussion of TPSSA business.
10. TPSSA representatives and consultants shall have the right of reasonable access to the
workplace.
11. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 34. Appeals and Hearings
A. Pre -Disciplinary Meetings and Disciplinary Appeals
1. Pre -Disciplinary Meeting
A full-time employee who has attained a regular appointment shall have the right to a pre -
disciplinary meeting before his/her department head or designee whenever the employee may
be subject to a demotion, non -emergency suspension, or non -emergency dismissal. In the event
of an emergency suspension or dismissal a meeting will be conducted by the department head
or designee as soon as practicable after the action has been taken.
2. Procedure for Pre -Disciplinary Meetings
Notice of a proposed disciplinary action shall be provided to the employee including a statement
of the proposed action, the reasons therefore, and a copy of the charges and materials upon
which the action is based. The employee shall have ten (10) days to respond orally, in writing, or
both to the charges. Within ten (10) days of the employee's response, he/she will be advised in
writing of the City's decision. If the disciplinary action is upheld, the employee will receive a
Notice of Disciplinary Action stating the action taken, the reasons therefore, and the employee's
right to appeal.
3. Post -Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal
the action in writing to the Director of Human Resources.
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TPSSA MOU 2013-15
4. Effective Date of Disciplinary Action
The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the
effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a
termination, the employee shall cease to be an employee of the City on the effective date of the
termination.
5. Calendar Days
Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s).
B. Appeals Procedure
1. If a timely appeal is filed as provided in the Grievance Procedure (Article 35) or Pre -Disciplinary
Hearings and Disciplinary Appeals section (Article 34, Section A) the City Manager may hear the
appeal or appoint any City management/supervisory employee or arbiter who has not been
personally involved in the actions giving rise to the discipline to hear the appeal.
2. An "arbiter" is a person with experience acting as a hearing officer on public employment issues.
Any hearing conducted by an arbiter shall not be considered an "arbitration" as defined in Civil
Code Section 1281.6.
3. In the event that the employee requests that an arbiter hear the appeal, such a request will be
honored provided the request is made within the ten (10) days after receiving the notice of
disciplinary action. The arbiter shall be chosen from a list provided by the State Mediation and
Conciliation Services through a process where the employee organization and the employer
strikes the name of an arbiter until only one name remains.
4. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a
written report outlining his/her findings, conclusions, and recommendations to the City
Manager.
5. Within ten (10) days of the receipt of the hearing officer's report, or the conclusion of the
hearing if it was conducted by the City Manager or his/her City appointee, the City Manager
shall provide his/her written decision to the employee.
C. Hearings
1. Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more
than sixty (60) days, from the date of the filing of the appeal with the City Manager, provided
that the parties may agree to a longer or shorter period of time.
2. All hearings involving disciplinary action against an employee shall be closed to the public unless
the affected employee requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating to evidence and
witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which
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TPSSA MOU 2013-15
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule, which might make improper admission of such
evidence over objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil actions. The rules of privilege shall
be effective to the same extent that they are now or hereafter may be recognized in civil and
criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the
admission and exclusion of evidence.
4. Each party shall have these rights: To be represented by legal counsel or other person of his/her
choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing
witnesses; to impeach any witness regardless of which party first called him/her to testify; and
to rebut the evidence against him/her. If the respondent does not testify on her/his own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence shall be taken
only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of
the reporter will be split between the City and TPSSA.
5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons,
otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in a disciplinary appeal hearing. If witnesses are called, the
opposing party shall have the right to cross-examine the witnesses on any matter
relevant to the issues, even though that matter was not covered on direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only, unless the
hearing officer for good reason permits them to offer evidence upon their original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of testimony
and evidence. He/she shall base his/her findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing unless the hearing officer, for good cause, otherwise directs.
No still photographs, moving pictures, or television pictures shall be taken in the hearing
chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a
continuance for any reason he/she believes to be important to reaching a fair and
proper decision.
f. The hearing officer shall have no authority to amend, alter, or modify a Memorandum of
Understanding or any sections of the City's Personnel Rules and shall limit his/her
recommendations to the interpretation and application of the Memorandum of
Understanding(s), agreement at issue and/or the City's Personnel Rules.
g. The hearing officer may recommend sustaining or modifying the disciplinary action.
[22]
TPSSA MOU 2013-15
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director
of Human Resources. The City Manager, in his/her sole discretion, may hear limited oral
arguments and/or request written statements from either parry on the hearing officer's
findings, conclusions, and recommendations. The City Manager shall inform the appellant of
his/her decision regarding the appeal within ten (10) days of the conclusion of the hearing or if
the appeal is heard by a hearing officer other than the City Manager, within ten (10) days of the
receipt of the hearing officer's report. However, the City Manager may extend the time to issue
his/her decision beyond the ten day period if he/she believes it is necessary. The decision of the
City Manager regarding the appeal shall be the final step in the administrative appeal process.
However, any disciplinary action is deemed final as of the effective date. Copies of the City
Manager's decision, including the hearing officer's report shall be filed where appropriate,
including the employee's personnel file. The City Manager's decision is subject to review by a
superior court pursuant to Code of Civil Procedure Section 1094.6.
7. If the employee organization requests that an arbiter be appointed to hear the appeal the
organization shall pay the cost of the hearing up to a maximum of $1,000; any excess cost will
be shared equally by the City and the organization. If either party orders a transcript for their
review, the requesting party shall bear the cost of the transcript. If either party unilaterally
cancels or postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or
court reporter, the party responsible for the cancellation or postponement shall be solely
responsible for payment of the fee. The arbiter shall submit his/her bills for services to the
party, which is obligated to pay them pursuant to this section.
8. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request
of either party, not less than ten (10) days prior to the commencement of the hearing; after
commencement, subpoenas shall be issued only at the discretion of the hearing officer.
9. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
Article 35. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit employees.
A. Limitations
The procedures set forth in this Section shall apply to all grievances involving unit employees.
Excluded from this procedure are grievances related to:
1. The amendment or change of City Council resolutions, ordinances or minute orders, which
do not involve provisions of a Memorandum of Understanding (MOU), Personnel Rules, or
other agreements between the City and employee organization.
2. Position classification.
[23]
TPSSA MOU 2013-15
B. Definitions
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules or Memorandum of Understanding.
2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules, an agreement between the City and employee organization, or
Memorandum of Understanding.
3. Grievance Procedure: The process by which the validity of a grievance is determined and
resolution effected.
4. Day: Unless otherwise indicated, "day" or "days" when used in this section shall be calendar
day(s).
C. Procedure
1. Step 1.
The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the
exercise of reasonable diligence should have known, of the events giving rise to the grievance.
The grievant shall state the facts necessary to an understanding of the issues involved; refrain
from including any unrelated charges; cite the sections of the City resolutions, agreement,
Memorandum of Understanding or rules alleged to have been violated and the remedy sought.
The grievant shall submit the grievance form to his/her immediate supervisor. Within ten (10)
days of receipt of the form, the supervisor shall inform the grievant of his/her decision.
Grievances submitted by employee organization representatives that involve issues potentially
impacting the organization's rights or membership as a whole shall be filed at Step 3.
2. Step 2.
If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar
days after receipt of the supervisor's response, submit the grievance to his/her department
head. After receipt of the grievance, the department head will meet with the grievant and make
such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the
department head shall inform the grievant of his/her decision.
3. Step 3.
If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization
grievances, the grievant may submit the grievance to the City Manager. Employee grievances
are to be submitted within ten (10) days of receipt of the department head's decision. Such
submittal shall include the original of the grievance form and a written statement of any issues
that are in dispute. The City Manager has the sole discretion to hear the grievance him/herself
or appoint any City management/supervisory employee (except the employee's department
head), or an arbiter to hear the grievance and submit a recommendation as to resolution of the
[24]
TPSSA MOU 2013-15
grievance. At the hearing, the grievant has the burden of proof and will present his/her case
first.
D. General Provisions
1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the
person or organization representative suspected as having violated provisions of the Personnel
Rules or Memorandum of Understanding. Upon a showing of good cause to the Director of
Human Resources, such discussion may be waived between an employee and his/her immediate
supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate
actions of the supervisor form the basis for the grievance and the employee has reasonable
cause to believe that the supervisor would not be objective.
2. An employee may obtain a grievance form from his/her supervisor or the Human Resources
Department. All documents, communications, and records dealing with the processing of
grievances shall be filed separately from personnel files.
3. No retribution or prejudice shall be suffered by employees making use of the grievance
procedure by reason of such use.
4. Failure by management at any step of this procedure to communicate their decision on the
grievance within the specified time limits shall permit the grievant to proceed to the next step.
5. A grievant shall be entitled to be present at all steps of the procedure.
6. Failure by the grievant to appeal a decision on a grievance within the specified time limits shall
be deemed acceptance of the decision rendered.
7. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
E. Employee Representation
1. An employee may represent him/herself or be represented by a representative of the employee
organization.
2. If an employee chooses not to be represented by the employee organization and the subject of
the grievance involves MOU or other provisions which have been negotiated between the City
and the employee organization, the organization may have staff representatives present
beginning with Step 3, and shall have the right to present the organization's interpretation of
the provisions at issue. Such presentation shall not include comments regarding the merits of
the grievance.
[25]
TPSSA MOU 2013-15
Article 36. 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 37. Membership Meetings
Each Association member shall be entitled to two (2) hours per calendar year of paid release time for
membership meetings. These meetings are in addition to the Memorandum of Understanding
ratification meetings allowed the Association. The Association shall provide a minimum of two (2)
weeks' advanced notice to the City of such meetings. The two (2) hours per calendar year of release
time shall be used in one (1) hour increments and will be non -cumulative for the next calendar year.
Article 38. No Strike / Job Action
A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves
and the employees in the bargaining unit that they will not cause or condone any strike, walkout,
work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and
responsibilities, withholding of services or other interference with City operations, including
compliance with the request of other employees and/or labor organizations to engage in any or all
of the preceding activities.
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. In the event of such activities, the Association shall immediately instruct any person engaging in
such conduct that they are violating the Agreement and that they are engaging in unauthorized
conduct and should resume full and faithful performance of their job duties.
D. The City agrees it will not lock out employees during the term of this agreement.
Article 39. Agency Shop
A. Legislative Authority
As a result of State of California adoption of SB 739, all full-time and part-time benefitted employees
represented by the Tustin Police Support Services Association have the right to join or not join the
Association. However, the enactment of a local "Agency Shop" requires that as a condition of
continuing employment, employees in the respective bargaining unit must either join the
Association or pay to the Association a service fee in lieu thereof. Such service fee shall be
established by the Association, and shall not exceed the standard initiation fee, periodic dues and
general assessments of the Association.
[26]
TPSSA MOU 2013-15
B. Association Dues/Service Fees
1. The Human Resources Department shall provide new hires to the TPSSA unit with an
authorization notice advising them that Agency Shop for the Association has been enacted
pursuant to state law and an agreement exists with the Association, and that all employees
subject to the Agreement must either join the Association, pay a service fee to the Association,
or execute a written declaration claiming a religious exemption from this requirement. Such
notice shall include a form for the employee's signature authorizing a payroll deduction of
Association dues, a service fee or a charitable contribution equal to the service fee. Said
employees shall have 14 calendar days from the date they receive the form to fully execute it
and return it to the Human Resources Department.
2. If the form is not completed properly or returned within 14 calendar days, the City shall
commence and continue a payroll deduction of service fees from the regular biweekly
paychecks of such employee. The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first pay period commencing 14
calendar days after receipt of the authorization form by the employee.
3. The employee's earnings must be sufficient after the other legal and required deductions are
made to cover the amount of the dues or fees authorized. When an employee is in a non -pay
status for an entire pay period, no withholding will be made. In the case of an employee in a
non -pay status during part of the pay period, whose salary is not sufficient to cover the full
withholding, no deduction shall be made. In the case of an employee who is receiving
catastrophic leave benefits during a pay period, no deduction shall be made. In this connection,
all other legal and required deductions (including health care and insurance deductions) have
priority over Association dues and service fees.
C. Religious Exemption
1. Any employee who is a member of a bona fide religion, body or sect that has historically held
conscientious objections to joining or financially supporting public employee organizations shall
upon presentation of active membership in such religion, body, or sect, not be required to join
or financially support any public employee organization as a condition of employment. The
employee shall be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay
sums equal to the dues, initiation fees or agency shop fees to a nonreligious, nonlabor charitable
fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the
employee from the following charities: United Way, Tustin Community Foundation, or
Community Health Charities. Proof of the payments shall be made on an annual basis to the
City as a condition of continued exemption from the requirement of financial support to the
Association [Section 3502.5(c)].
2. Declarations of or applications for religious exemption and any other supporting documentation
shall be forwarded to the Association within 14 calendar days of receipt by the City. The
Association shall have 14 calendar days after receipt of a request for religious exemption to
challenge any exemption granted by the City. If challenged, the deduction to the charity of the
employee's choice shall commence but shall be held in escrow pending resolution of the
challenge. Charitable contributions shall be made by regular payroll deductions only.
[27]
TPSSA MOU 2013-15
D. Rescission
The Agency Shop provision in this Agreement may be rescinded by a majority vote of all the
employees in the unit covered by the Agreement, provided that:
1. A request for such a vote is supported by a petition containing the signatures at least 30
percent of the employees in the unit.
2. The vote is by secret ballot.
3. The vote may be taken at any time during the term of the represented unit's memorandum
of understanding, but in no event shall there be more than one rescission vote taken during
that term. Notwithstanding the above, the City and the Association may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures regarding a vote on
an Agency Shop agreement [Section 3502.5(d)].
4. If a "rescission vote" is approved by unit members during the term of a current
memorandum of understanding, the Association agrees not to petition for or seek Agency
Shop status for the duration of the current memorandum of understanding.
E. Records
The Association shall keep an adequate itemized record of its financial transactions and shall make
available annually, to the City, and to the employees who are members of the organization, within
60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a
balance sheet and an operating statement, certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
F. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any liability arising from
any claims, demands, or other action relating to the City's compliance with the agency fee
obligation.
Article 40. Management Rights
Except as otherwise specifically provided in State and Federal laws, the City reserves and retains and is
vested with all rights of management which have not been expressly abridged by specific provisions of
this Resolution or by law to manage the City. This shall include, but is not limited to:
1. The right to contract or subcontract services and/or work. The right to temporarily suspend the
provisions of this agreement in the event of, and for the duration of, an emergency as
determined by the City Council, and/or by County, State or Federal action upon notification to
the Association regarding the nature and expected duration of the emergency. In the event of
such suspension of the Resolution, when the emergency is over management will immediately
[281
TPSSA MOU 2013-15
initiate the meet and confer process over replacement of any salary, benefit, or working
conditions lost by unit employees as a result of the suspension.
2. The right to determine staffing and to direct the work force, including the right to hire, promote,
demote, evaluate, transfer, lay off or discharge for just cause any employee.
3. The right to take such further action as may be necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
4. The right to modify the performance evaluation form.
S. The right to modify and update class specifications.
Article 41. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are hereby incorporated into
this MOU by reference.
IN WITNESS WHEREOF, the parties hereto have executed this document this 2nd day of July 2013.
FOR THE CITY OF TUSTIN
Jeffrey Parker, City Manager
Charles Robinson, Deputy City Manager
FOR THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
Amanda Shanahan, President
Regina Sanbrano, Vice President
Derick Yasuda, Human Resources Manager Susan Cummings, Secretary
Peter Brown, Liebert Cassidy Whitmore
[29]
Adriana Tokar, Treasurer
John Garzone, Negotiations Team Member
TPSSA MOU 2013-15
APPENDIX A- MONTHLY SALARY RANGES
Effective July 1, 2013
Classification
A
8
C
D
E
F
Crime Analyst
5077.81
5337.82
5611.15
5898.47
6200.50
6,510.53
Police Communications Lead (3/12.5)
4961.52
5215.58
5482.65
5763.39
6058.50
6,361.43
Police Communications Officer 1 (3/12.5)
4228.78
4445.31
4672.93
4912.21
5163.75
5,421.93
Police Communications Officer II (3/12.5)
4489.93
4719.84
4961.52
5215.58
5482.65
5,756.78
Police Fleet Coordinator
4641.29
4878.95
5128.78
5391.40
5667.47
5,950.84
Police Records Lead (3/12.5)
3798.27
3992.76
4197.22
4412.14
4638.06
4,869.97
Police Records Lead (4/10)
3887.29
4086.34
4295.59
4515.55
4746.77
4,984.11
Police Records Specialist (3/12.5)
3437.24
3613.25
3798.27
3992.76
4197.22
4,407.08
Police Records Specialist (4/10)
3517.81
3697.93
3887.29
4086.34
4295.59
4,510.37
Police Services Officer 1 (3/12.5)
3953.08
4155.51
4368.29
4591.97
4827.10
5,068.46
Police Services Officer 1 (4/10)
4045.74
4252.90
4470.67
4699.60
4940.24
5,187.25
Police Services Officer II (3/12.5)
4165.90
4379.21
4603.45
4839.17
5086.96
5,341.31
Police Services Officer If (4/10)
4263.53
4481.85
4711.35
4952.59
5206.19
5,466.50
Police Services Officer III (3/12.5)
4489.93
4719.84
4961.52
5215.58
5482.65
5,756.78
Police Services Officer III (4/10)
4595.17
4830.46
5077.81T5337.82
5611.15
5,891.70
Property & Evidence Technician
4106.80
4317.10
4538.15 1
4770.53
5014.81
5,265.55
[30)
TPSSA MOU 2013-15
APPENDIX B — POLICE SERVICES OFFICER CAREER OFFICER PROGRAM
A. Police Services Officers qualifying under the Police Services Officer Career Officer Program, as
outlined in the Division Standard Operating Procedure, shall be eligible for additional compensation
in accordance with the following:
1. Police Services Officer I
Requirements include:
a. Entry level experience and education. May be assigned to fill any open assignment, in
any area, at the discretion of management.
2. Police Services Officer II
Requirements include:
a. Minimum 5 years experience with TPD or 2 years with TPD and 3 years equivalent
experience with another law enforcement agency (5 years total experience); and
b. Competent or better evaluations for the previous three consecutive years.
3. Police Services Officer III
Requirements include:
a. Minimum 7 years experience with TPD or 2 years experience in one assignment area
with TPD and 5 years equivalent service with another law enforcement agency (7 years
total experience); or
b. 5 years experience in the CSI assignment combined with possession of a POST Forensic
Technician certification (5 years total experience); and
c. Competent or better evaluations for the previous 3 consecutive years.
B. Once a Police Services Officer has met the criteria for advancement to the next PSO level, he/she
shall complete the appropriate TPD form, "Recommendation for Advancement to Police Services
Officer (II, III)." Once completed, the form should be submitted via chain of command. If all
qualifications are met, the department head shall make a recommendation for advancement and
will authorize the Professional Standards Unit to generate a Personnel Action Form signifying the
classification change.
[311
RESOLUTION NO. 13-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR
EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY
THE TUSTIN POLICE OFFICERS ASSOCIATION —
POLICE MANAGEMENT REPRESENTATION UNIT
WHEREAS, the City Council of the City of Tustin, California has the authority to
implement California Government Code Section 20691; and
WHEREAS, the City Council previously had a written labor policy or agreement
which specifically provided for a portion of the normal member contributions to be paid
by the employer; and
WHEREAS, the City Council now has a written labor policy or agreement which
eliminates any portion of the normal member contributions to be paid by the employer;
and
WHEREAS, one of the steps in the procedures to implement Section 20691 is
the adoption by the City Council of a Resolution to revise said Employer Paid Member
Contributions (EPMC); and
WHEREAS, the City Council has identified the following conditions for the
purpose of its election to pay EPMC:
A. This benefit shall apply to all employees in classifications represented by
the Tustin Police Officers Association — Police Management
Representation Unit (TPMA).
B. This benefit shall consist of paying zero percent (0%) of the normal
member contributions as EPMC.
C. The effective date of this Resolution shall be July 1, 2013.
NOW, THEREFORE, BE IT RESOLVED that the City Council elects to pay
EPMC, as set forth above.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of July 2013.
Resolution 13-59
Page 1 of 2
ELWYN A. MURRAY
Mayor
ATTEST:
JEFFREY C. PARKER
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE Ss
CITY OF TUSTIN
1, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 13-59 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
July 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 13-59
Page 2 of 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR
EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY
THE TUSTIN POLICE OFFICERS ASSOCIATION —
POLICE OFFICER REPRESENTATION UNIT
WHEREAS, the City Council of the City of Tustin, California has the authority to
implement California Government Code Section 20691; and
WHEREAS, the City Council previously had a written labor policy or agreement
which specifically provided for a portion of the normal member contributions to be paid
by the employer; and
WHEREAS, the City Council now has a written labor policy or agreement which
eliminates any portion of the normal member contributions to be paid by the employer;
and
WHEREAS, one of the steps in the procedures to implement Section 20691 is
the adoption by the City Council of a Resolution to revise said Employer Paid Member
Contributions (EPMC); and
WHEREAS, the City Council has identified the following conditions for the
purpose of its election to pay EPMC.-
A.
PMC:
A. This benefit shall apply to all employees in classifications represented by
the Tustin Police Officers Association — Police Officer Representation Unit
(TPOA).
B. This benefit shall consist of paying zero percent (0%) of the normal
member contributions as EPMC.
C. The effective date of this Resolution shall be July 1, 2013.
NOW, THEREFORE, BE IT RESOLVED that the City Council elects to pay
EPMC, as set forth above.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of July 2013.
Resolution 13-60
Page 1 of 2
•
ATTEST:
JEFFREY C. PARKER
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE Ss
CITY OF TUSTIN
1, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 13-60 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
July 2013, by the following vote:
•HNIT1100120
0 0
•
C
0
• C
• 0 0
JEFFREY C. PARKER
City Clerk
Resolution 13-60
Page 2 of 2
f:1:&f9]jLiy111101Z,EZy0ii&Y-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR
EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY
THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
WHEREAS, the City Council of the City of Tustin, California has the authority to
implement California Government Code Section 20691; and
WHEREAS, the City Council previously had a written labor policy or agreement
which specifically provided for a portion of the normal member contributions to be paid
by the employer; and
WHEREAS, the City Council now has a written labor policy or agreement which
eliminates any portion of the normal member contributions to be paid by the employer;
and
WHEREAS, one of the steps in the procedures to implement Section 20691 is
the adoption by the City Council of a Resolution to revise said Employer Paid Member
Contributions (EPMC); and
WHEREAS, the City Council has identified the following conditions for the
purpose of its election to pay EPMC:
A. This benefit shall apply to all employees in classifications represented by
the Tustin Police Support Services Association (TPSSA).
B. This benefit shall consist of paying zero percent (0%) of the normal
member contributions as EPMC.
C. The effective date of this Resolution shall be July 1, 2013.
NOW, THEREFORE, BE IT RESOLVED that the City Council elects to pay
EPMC, as set forth above.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of July 2013.
Resolution 13-61
Page 1 of 2
ELWYN A. MURRAY
Mayor
JEFFREY C. PARKER
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF TUSTIN
1, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 13-61 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
July 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 13-61
Page 2 of 2