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HomeMy WebLinkAbout13 TPMA MOU - 2 YEARS 05-03-99DATE: April 28, 1999 NO. 13 5-3-99 TO: FROM: SUBJECT: WILLIAM A. HUSTON PERSONNEL SERVICES POLICE MANAGEMENT MEMORANDUM OF UNDERSTANDING SUMMARY: The City and TPOA, representing the management unit have agreed on a two-year package that requires signing by the City Manager. Authorization by Council is requested. RECOMMENDATION: That the City Council Authorize the City Manager to sign the Memorandum of Understanding covering the Police Management Group, represented by Tustin Police Officers Association. FISCAL IMPACT: The cost of the salary increase over the 24-month period of the contract is approximately $163,668. Effective January 1,2000, the City agreed to increase the retiree medical from $200 per month to $250 per month. The cost of this is based on how many police management employees retire from the City. Currently we have three employees who are eligible to retire, one who is two years away, two who are three years away, and two who are five years awaY from the retirement age of 50. Since the retirement age is Iow, employees may not .choose to retire at this age; however, there are also unexpected retirements from disabilities. There are currently five employees who have retired and are receiving this benefit. Assuming the current employees retire when they reach age 50, in five years the additional cost over this period of time will be $12,600. BACKGROUND: Negotiations with Police Management have been ongoing since December, 1998. The package is a two-year agreement that was desired by both the City and Police Management employees. Bettie Correa Senior personnel Analyst S:Correa\CouncilRpts\TPMA99MOU-Rpt.doc MEMORANDUM OF UNDERSTANDING TUSTIN POLICE MANAGEMENT UNIT TUSTIN POLICE OFFICERS' ASSOCIATION AND CITY OF TUSTIN TERM: JANUARY 1, 1999 TO DECEMBER 31, 2000 TABLE OF CONTENTS Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 1. Recognition ......................................................................................................... 1 2. Salary · 1 3. Retirement Plan ....................... : .......................................................................... 2 4. Retirement Survivor's Benefit .............................................................................. 2 5. Paid Leave .......................................................................................................... 2 6. Uniform Allowance .............................................................................................. 4 7. Standby Duty... ..4 8. Call-Back Duty .................................................................................................... 5 9. Deferred Compensation ...................................................................................... 5 10. Court Pay Provisions - 5 11. Overtime Compensation .................................................................................. 5 12. Employee Life Insurance ................................................................................... 6 13. Medical and Dental Insurance ........................................................................... 6 14. Section 125 Program ....................................................................................... 6 15. Retiree's Health Insurance ............................................................................... 6 16. Long-Term Disability (LTD) Plan ...................................................................... 6 17. Tuition Reimbursement ..................................................................................... 7 18. Performance Evaluations .................................................................................. 7 19. Work Schedules ................................................................................................ 7 20. Probationary Rejection ...................................................................................... 8 21. Management Rights Clause .............................................................................. 8 22. Administrative Regulations ................................................................................ 9 23. Application of Agreement ' .9 24. Gender ............................................................................................................. 9 25. 26. 27. 28. 29. 30. 31. 32. 33. Severability ........................................................................................................ 9 Conclusion of Agreement .................................................................................. 9 No Change of Benefits ' 9 Scope of Renegotiation at Conclusion of Contract ........................................... 9 Binding on Successors ...................................................................................... 9 Amendments ..................................................................................................... 9 Notices .............................................................................................. : ............. 10 Ratification ...................................................................................................... 10 Term of Agreement ......................................................................................... 10 MEMORANDUM OF UNDERSTANDING POLICE' MANAGEMENT REPRESENTATION UNIT CITY OF TUSTIN AND TUSTIN POLICE OFFICERS' ASSOCIATION WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et.seq, and Section 17 of the Personnel Rules and Regulations of the City of Tustin, City representatives have met and conferred in good faith with the Tustin Police Officers' Association pertaining to the wages, hOurs, benefits and conditions of employment for employees in the Police Management Representation Unit; and WHEREAS, the meeting between the Association and City representatives has resulted in an agreement and understanding to recommend that the employees represented by the Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions the changes and additions to the wages, hours and conditions of employment for the police management employees as set forth herein. WITNESSETH Article 1. Recognition The City has previouslY recognized the Tustin Police Officers' Association as the majority representative, of employees in the Police Management Representation Unit for purposes of representation on issues of wages, hours and other terms and conditions of employment. As majority representative, the Association is empowered to act on behalf of all employees who hold positions in classes in the Police Management Representation Unit whether or not they are individually members of the Tustin Police Officers' Association. The Classifications constituting the Police Management Representation Unit are: Police Lieutenant Police Sergeant Article 2. Salary A. The salaries of all bargaining unit employees in the classifications of Police Lieutenant and Police Sergeant shall be increased by four-percent (4%) retroactive to January 3, 1999. B. The four-percent (4%) referenced in A shall apply to base salary and all pay received dating from January 3, 1999 that is based on base salary including but not limited to: holiday pay, overtime pay, stand-by pay, call back pay, court pay, and employer-paid deferred compensation. Pay received as compensation for unused compensatory time, holiday time, and general leave shall also be subject to the four-percent (4%) adjustment. C. Effective at the beginning of the pay period closeSt to July 1, 1999 the base salary rates of the classes of Police Sergeant and Police Lieutenant shall be increased by two percent (2%). D. Effective at the beginning of the pay period closest to January 1,2000 the base salary rates of the classes of Police Sergeant and Police Lieutenant shall be increased by two percent (2%). E. Effective at the beginning of the pay period closest to July 1, 2000 the base salary rates of the classes of Police Sergeant and Police Lieutenant shall be increased by two percent (2%). Article 3. Retirement Plan The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirement System (PERS) in the amount equal to nine percent (9%) of the employee's "compensation earnable". Employees serving in a Classification covered by this Agreement shall have a vested right to receive all of the retirement benefits entitled them as of the effective date of this M.O.U. Article 4. Retirement Survivor's Benefit The City shall provide the 1959 Survivors Benefit option of the Public Employees Retirement System for employees, at employee cost. If there is no cost to the City, the City's contract with the PERS will be amended to provide for the Fourth Level of 1959 Survivor Benefit. Article 5. Paid Leave A. General Leave 1. Each employee accrues general leave in accordance with the following: Periods of Service General Leave Hours Per Year 6 months to 1 year 26.67 hours per month 1-5 years 160' 6-10 "" 208 Over 10 "" 248 * 168 hours for employees hired before October 1, 1993 . The Police Chief may annually grant an additional eight (8) hours of general leave to each employee whose work performance is satisfactory. . In April of any given year an employee may request that he/she be paid 'for a maximum of forty (40) hours of general leave, eighty (80) hours if the employee has six (6) or more years of City service. The employee shall receive payment for the requested hours in the following month of May. B. C, Page 3 . Each calendar year employees may accumulate General Leave to a maximum of twice the employee's annual entitlement. Upon reaching the maximum, the employee may continue to accrue General Leave until the end of the calendar year. During the first pay period of each calendar year all unused Leave in excess of the maximum shall be forfeited and no payment shall be made for the forfeited Leave. Upon separation from the City service the employee will be paid for unused Leave, not to exceed the maximum of two (2) years entitlement, at the employee's then current base salary rate. , An employee with less than six (6) months of employment shall be advanced a maximum of twenty-four (24) hours of General Leave that may be used for the employee's absence due to his/her illness, injury, or incapacitation due to pregnancy. If an employee uses advanced Leave and terminates prior to the completion of six (6) months of service, payment received for such Leave shall be deducted from his final paycheck. Administrative Leave Employees shall receive an annual credit of forty (40) hours of administrative leave which may be used only as paid time off during the year in which it is credited. Subject to guidelines established .by the City Manager, the Police Chief may grant up to an additional forty (40) hours. Holidays The following holidays are observed by the City: January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Thursday in November designated as Thanksgiving Day Day after Thanksgiving Day Afternoon before the Christmas Day Holiday December 25 Afternoon before the New Year's Day Holiday New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Holiday Eve Christmas Day New Year's Holiday Eve When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. Page 4 For the designated holidays, employees are eligible for eight (8) hours of paid time off for each full day and four (4) hours for each of the two (2) afternoon holidays. Unless operational needs, as determined by the Police Chief, require that the time be taken at some other date the time off will be taken on the scheduled holiday. If the holiday hours paid on a holiday or substituted day off are less than the employee's regularly scheduled hours the employee may use accrued compensatory time or general leave to ensure that hours paid will be the same as would regularly be paid for the day. On December 1 of each year, an employee, may designate any portion of his holiday credit for the following year which he would like to be paid for in lieu of having time off. This notification shall be in writing and is irrevocable. Payment for the holiday time shall be made in January of each year. In the event that an employee separates from service and has used and/or been paid for holidays in excess of the pro-rata earned hours per month, the employee shall reimburse the City for the overage. For each designated holiday not cashed out the employee will receive General Leave at the rate of eight (8) hours for each full holiday and four (4) hours for each half holiday. D. Bereavement Leave The City shall allow up to three (3) days with pay for the purpose of bereavement leave in the event of a death in the employee's immediate family. "Immediate Family" shall be defined as including the spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Article 6. Uniform Allowance Employees will be paid a uniform allowance of $325.00 per year. Special motor officer gear and officer public safety leather gear required by the department will be provided. Article 7. Standby Duty Police Sergeants shall be compensated for standby duty for other than court appearances at the rate of two (2) hours straight time for each eight (8) hours required, including holidays. Standby duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours straight time for morning (a.m. hours) appearances and two (2) hours straight time for afternoon (p.m. hours) appearances. If a scheduled standby is canceled and the employee is not advised of the cancellation before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the employee prior to 6:00 p.m. on the day prior, will negate the two hours of standby pay. Employees who are scheduled for standby shall advise the department of a telephone number where they can be either reached or a message can be left to advise them of a cancellation. Page 5 If an employee is on standby and the standby status is canceled the employee will still receive the full amount of standby pay appropriate for the time frame involved. Article 8. Call-Back Duty In addition to standby compensation, if any, Police Sergeants shall receive a minimum of two (2) hours overtime paid at a time and one-half rate for any call which required them to return to dutY that does not involve a court appearance. Article 9. Deferred Compensation The City's contribution to a deferred compensation program or vehicle currently offered by the City shall be 2.5% of the employee's base salary. It is the responsibility of employees to complete the necessary paperwork and take required steps to enroll in the program. Should employees fail to enroll, the City is under no obligation to make retroactive contributions on behalf of said employee or employees. Employees hired into the repreSentation unit shall be provided with a notification of the deferred compensation program, including the amount of employer contributions, during employee orientation. Article 10. Court Pay Provisions Police Sergeants shall be paid at a time and one-half rate for time spent in required court appearances involving City business that occur during the Sergeant's off-duty hours. A minimum of two (2) hours of such compensation will be paid for court appearances scheduled in the morning (a.m. hours) and/or two (2) hours for court appearances scheduled in the afternoon (p.m. hours). Article 11. Overtime Compensation The City shall pay Police Sergeants time and one- half for all approved overtime hours worked in excess of; (1) regularly scheduled hours per shift; (2) hours worked on a day the employee is not regularly scheduled to work; or (3) hours worked in excess of the prescribed hours during the applicable work cycle, (i.e. (a) 40 hours in a 7-day work cycle for employees on the 4/10 work schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5 work schedule; and (c) 80 hours in a 14-day work cycle for employees on the 9/80 work schedule). General leave, compensatory time and holiday hours paid shall be counted as hours worked in these calculations. In lieu of receiving cash payment for overtime, the employee may elect to be credited with compensatory time at the rate of time and a half, subject to a maximum accrual of forty (40) hours. The time dudng which an employee may take compensatory time shall be subject to approval by the appointing authority or designee with due regard for the wishes of the employee and for needs of the service. Should this provision be found invalid by an arbitrator, court of competent jurisdiction or the DePartment of Labor, the accrual of compensatory time shall cease and all accrued compensatory time shall be paid at the employee's current straight time rate. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of forty (40) hours or less at his/her straight time hourly base rate. Page 6 Article 12. Employee Life Insurance The City will provide life insurance on the life of each regular, permanent full-time, employee and pay the premiums thereof. The death benefit of said insurance shall be one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. The City shall also make available, at the employee's option, a supplemental life insurance policy, the death benefit of which shall be $18,000.00. The premium of said supplemental policy shall be paid by the employee. Article 13. Medical and Dental Insurance. After thirty (30) days of employment, each employee will be eligible for a City payment of premiums for employee selected medical insurance under the Public Employees' Medical and Hospital Care Program and dental insurance under plans offered through the City. Employees who do not choose to participate in the insurance programs shall be paid $120.00 per month. As a condition of receiving such amount, the' employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. Article 14. Section 125 Program A Section 125 Program will be implemented on or before January 1, 1994 and include such options as may be available.' The Program shall be administered through Colonial Life provided that the City retains the right to change administrators for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. Article 15. Retiree's Health Insurance The City will contribute a maximum of $150.00 per month towards the payment of medical insurance premiums for employees who retire from the City of Tustin after October 1, 1993; $200.00 for employees who retire after January 1, 1994 and $250.00 for employees who retire after January 1, 2000. Such contribution is supplemental to the $16.00 per month City contribution to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribution. Article 16. Long-Term Disability (LTD) Plan A, The Long-Term Disability Insurance Plan in effect as of January 1, 1998 shall continue in full force and effect during the term of this agreement unless changed by the mutual agreement of the City and Association. Bi In addition to provisions of the Long-Term Disability Insurance Plan, the City agrees to pay the same salary benefit paid by the Plan for disability leave which occurs after the employee has used eighty (80) consecutive hours of general leave dudng the 30 day period beginning with the 1st day of the leave. C. Flexible. benefits will be continued for ninety days of a disability leave and such time will be counted towards satisfying Federal FMLA and State of California FRA requirements. D. The Association reserves the right to elect coverage under an LTD Plan other than the one available .through the City. It is understood that proof of coverage is to be Page 7 submitted to the City and eligibility for City benefits provided in B and C of this Article is conditioned upon the City's receipt of proof of disability. Article 17. Tuition Reimbursement Employees shall be encouraged to further their academic education and training in those areas of benefit to the employee and to the City. Full-time employees will be eligible for reimbursement by the City of tuition for professional technical courses subject to the following conditions and related Council Policy statements: Ao Department Head and City Manager approval must be obtained before enrollment in the course. Bo Reimbursement shall be made of tuition fees, textbOoks, lab fees, or required supplies, upon completion of the course with a satisfactory grade and after the completion of the initial probationary period. C. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same course. Do Reimbursement for up to $500.00 each calendar year if the employee is attending a community college or $1,000.00 each calendar year if the employee is attending a four year college or university will be paid upon receipt by the Personnel Department of proof of successful completion of the course(s) and proof that payment of fees has been made. If an employee attends both a community college and four year college or university in a calendar year the maximum reimbursement shall be $750.00. Article 18. Performance Evaluations An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 19. Work Schedules Ao Department work schedules include the 4/10 work schedule; (in a 7-day work cycle the employee works four 10-hour days where the scheduled work shift commences and ends at the same time each day, with three consecutive days off) and the 3/12.5 work schedule, (in a 28-day work cycle the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each day, with 4 consecutive days off, in each seven (7) calendar day period, except that the employee must work one additional 10-hour shift during the work cycle) as follows: 4/10 3/12.5 (1) Traffic and Investigation Divisions, Patrol (2) Employees in special assignments [continuation of the schedule is subject to needs of the Department, provided Page 8 that if the Department desires to discontinue that work schedule, he employee will revert to the 9/80 work schedule (in a 14-day work cycle the employee works eight 9-hour days where the scheduled work shift commences and ends at the same time each day, and one eight-hour work day, with one period of 3 consecutive days off and one period of two .consecutive days off.) or some other schedule upon mutual agreement of the Department and employee]. Bo Employees assigned to special task forces or regional teams will work the hours that the team works. Co The Department shall continue the present practices of (1) rotating shift assignments on a regular basis at 6-month intervals; (2) allowing employees to sign up for and select shift assignments based on seniority; and (3)limiting an employee to 12 consecutive months on any shift assignment. D. Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. Article 20. Probationary Rejection A probationary employee, rejected, for failure to meet standards or pass probation, shall not be eligible for any internal grievance or appeal procedure pursuant to Swift vs. County of Placer. Article 21. Management Rights Clause Except as otherwiSe specifically provided in this Memorandum, the Personnel Rules & Regulations and Departmental Regulations, and amendments and revisions thereto, will remain in force and effect, whether exercised or not, and they are the sole and exclusive right and functions of management including, but not limited to: The right to contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities. The right to suspend provisions of this agreement in the event of, and for the duration of, an emergency as determined by the City Council, and/or by county, State or Federal action upon notification to the association regarding the nature and expected duration of the emergency. The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay-off or discharge any employee. The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. Nothing contained herein shall be construed as a waiver by the Tustin Police Officers' Association of any right to meet and confer and/or represent its members pursuant to the Meyer-Milias-Brown Act or any other applicable State or Federal law. Page 9 Article 22. Administrative Regulations The City Manager may issue written administrative personnel regulations designed to augment or clarify the provisions of this memorandum. Article 23. Application of Agreement The parties agree that the term "employee" whenever used herein, whether singular or plural, means and applies only to those employees of the City included within the Tustin Police Management Representation Unit, and that this memorandum covers only said employees. Article 24. Gender Words used in this memorandum in the singular include the plural, and the plural include the singular. Words appearing in the male gender include the female gender and the female gender include the male gender. Article 25. Severability If any part of this memorandum is rendered or declared invalid by reason of any existing or subsequently-enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this memorandum shall not render invalid the remaining part hereof. Article 26. Conclusion of Agreement This agreement contains all of the covenants, stipulations and the provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this agreement are covered by existing ordinances, resolutions, policies and practices of the City as well as the Personnel Rules & Regulations presently in effect. Therefore, for the life of this agreement, neither the City or Tustin Police Management Association shall be compelled to meet and confer concerning any mandatory bargaining or meet and confer issue, whether specifically met and conferred about prior to the conclusion of this agreement or which may have been omitted in the meeting and conferring which led Up to the conclusion of this agreement, except by mutual agreement of the parties. Article 27. No Change of Benefits During the life of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. Article 28. Scope of Renegotiation at Conclusion of Contract All provisions of this agreement and other conditions of employment appropriate to the meet and confer process shall be sUbject to renegotiation at the conclusion of the contract period and may thereafter be included in the meet and confer process at the request of either party. Article 29. Binding on Successors This memorandum shall be binding on the successors and assigns of the parties hereto and no provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by the consolidation, merger, sale, transfer or assignment of either party hereto. Article 30. Amendments This memorandum can be altered or amended only by written agreement between the parties hereto. Page 1 0 Article 31. Notices Notices hereunder shall be in writing and, if to the Tustin Police Management Unit, shall be mailed to President, Tustin Police Officers' Association, Post Office Box 1516, .Tustin, Ca 92780; and, if to City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780. Article 32. Ratification This memorandum shall be of no force or effect unless or until duly approved, adopted, ratified, and agreed to by the City Council of City, or in the alternative, that all of the substantive provisions contained herein are adopted by resolution of the City Council. ~ Article 33. Term of Agreement All provisions set forth herein shall be effective as of the date of approval of this Memorandum of Understanding by the Tustin City Council, unless otherwise indicated. This Agreement shall be and remain in effect from January 1, 1999, up to and including December 31,2000. In witness whereof, the parties hereto have executed this document this day of ., City of Tustin By William Huston City Manager Tustin Police Officers' Association By President tpm99-mou-fin