HomeMy WebLinkAboutCC RES 13-58' 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parts of Resolutions in conflict herewith are hereby rescinded.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 2"d day of July 2013.
Resolution No. 13-58
Page 1 of 2
ATTEST:
wom
JEF
City
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
SS
ELWYN 4. MURRAY,
Mayor 04W
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. 13-58 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of I July 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
rv.",1900
PARKER,
Murray, Puckett, Nielsen, Gomez, Bernstein (5)
None (0)
None
None
Resolution No. 13-58
Page 2 of 2
(0)
(0)
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
Article 2. 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
CHAPTER 2 — 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
Article 15. Shift Differential Pay................................................................................................................8
Article16. Acting Pay................................................................................................................................8
Article17. Training Pay.............................................................................................................................8
CHAPTER 3 — 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
Article 37. Membership Meetings..........................................................................................................26
Article 38. No Strike / Job Action............................................................................................................
26
Article39. Agency Shop..........................................................................................................................
26
Article 40. 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 1/11 (3/12.5)
Police Fleet Coordinator
Police Records Lead (4/10)
Police Records Lead (3/12.5)
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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 1/11/111 (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 5. 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.
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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.
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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 CalPERS 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 CalPERS 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.
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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
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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 I/II/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.
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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 (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 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:
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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 CalPERS 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 CalPERS 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 3rd 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
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 3rd 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 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
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.
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 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. 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.
E. 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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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.D, 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
New Year's Day
Third Monday in February
Presidents' Day
Last Monday in May
Memorial Day
July 4
Independence Day
First Monday in September
Labor Day
November 11
Veterans Day
Thanksgiving Day
Thanksgiving Day
Day following Thanksgiving Day
Day after Thanksgiving Day
December 24
Christmas Eve
December 25
Christmas Day
December 31
New Year's Eve
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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 CalPERS 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:
a. 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.
c. 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 CalPERS, 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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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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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.
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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 party 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.
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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
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grievance. At the hearing, the grievant has the burden of proof and will present his/her case
f rst.
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.
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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 theirjob 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.
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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.
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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
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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.
5. 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
Derick Yasuda, Human Resources Manager
Peter Brown, Liebert Cassidy Whitmore
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FOR THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
Amanda Shanahan, President
Regina Sanbrano, Vice President
Susan Cummings, Secretary
Suzanna Howard, Treasurer
John Garzone, Member at Large
TPSSA MOU 2013-15
APPENDIX A - MONTHLY SALARY RANGES
Effective July 1, 2013
Classification
A
B
C
D
E
F
Crime Analyst
5077.81
5337.82
5611.15
5898.47
6200.50
6510.53
Police Communications Lead (3/12.5)
4961.52
5215.58
5482.65
5763.39
6058.50
6361.43
Police Communications Officer 1 (3/12.5)
4228.78
4445.31
4672.93
4912.21
5163.75
5421.93
Police Communications Officer 11 (3/12.5)
4489.93
4719.84
4961.52
5215.58
5482.65
5756.78
Police Fleet Coordinator
4641.29
4878.95
5128.78
5391.40
5667.47
5950.84
Police Records Lead (3/12.5)
3798.27
3992.76
4197.22
4412.14
4638.06
4869.97
Police Records Lead (4/10)
3887.29
4086.34
4295.59
4515.55
4746.77
4984.11
Police Records Specialist (3/12.5)
3437.24
3613.25
3798.27
3992.76
4197.22
4407.08
Police Records Specialist (4/10)
3517.81
3697.93
3887.29
4086.34
4295.59
4510.37
Police Services Officer 1 (3/12.5)
3953.08
4155.51
4368.29
4591.97
4827.10
5068.46
Police Services Officer 1 (4/10)
4045.74
4252.90
4470.67
4699.60
4940.24
5187.25
Police Services Officer 11 (3/12.5)
4165.90
4379.21
4603.45
4839.17
5086.96
5341.31
Police Services Officer 11 (4/10)
4263.53
4481.85
4711.35
4952.59
5206.19
5466.50
Police Services Officer 111 (3/12.5)
4489.93
4719.84
4961.52
5215.58
5482.65
5756.78
Police Services Officer 111 (4/10)
4595.17
4830.46
5077.81
5337.82
5611.15
5891.70
Property & Evidence Technician
4106.80
4317.10
4538.15
4770.53
5014.81
5265.55
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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.
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