HomeMy WebLinkAbout05 TPSSA MOU 03-15-99DATE:
MARCH 8, 1999
NO. 5
3-15-99
I n te r-C o rn,
TO'
FROM:
SUBJECT:
WILLIAM A. HUSTON
PERSONNEL SERVICES
TPSSA MEMORANDUM OF UNDERSTANDING
SUMMARY: AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM OF
UNDERSTANDING WITH THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION EFFECTIVE JANUARY 1, 1999 TO DECEMBER 31,2000.
RECOMMENDATION:
That the City Council authorize the City Manager to sign
Understanding between the City and the Tustin Support
representing non-sworn/non-management Police employees.
agreement ending December 31,2000.
the Memorandum of
Services Association,
This is a two-year
FISCAL IMPACT:
The cost of the salary increases, 2% effective January 1, 1999, and another 2% effective
July 1,2000, granted to this unit totals $26,200 for the two year period. The City has also
agreed to add the 2% at 55 option to the current retirement plan with the Public
Employees Retirement System (PERS). While the cost of this option cannot be
calculated precisely at this time because we will only have that information when the
contract change is implemented, we are estimating from a previous actuarial from PERS
that Retirement costs will increase by approximately $24,441.00. Increases to the flexible
benefit amount that provides for the employees' health and welfare benefits amounts to
$3,168.00 annually. Depending on rate increases that may go into effect in the year
2000, this figure may increase in the second year.
BACKGROUND:
The employees that comprise this unit are as follows: Communications Officers, Lead
Communications Officer, Community Services Officer, Parking Control Officer, Police
Services Officers, Property and Evidence Technician, Property Officer, Records Clerk and
Records Leadworker. This is a newly recognized employee organization whose
members were previously part of the Tustin Municipal Employees Association (TMEA).
The salary increases granted to this group provide for cost of living adjustments and are
comparable with the package given to TMEA.
Bettie Correa
Senior Personnel Analyst
S: BMC\CouncilReports\TPSSA99MOU~Rpt.doc
MEMO RAND UM O FUND ERSTAND IN G
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
AND
CITY OF TUSTIN
1-1~99 TO 12-31-2000
T.&BLE OF CONTENTS
.ARTICLE 1. REPRESENTED CLASSES ............................................................................................................... 1
ARTICLE 2. COMPENSATION ...................................... .. ........................................................................................ 1
ARTICLE 3. UNIFORMS ......................................................................................................................................... 2
.ARTICLE 4. BILINGUAL COMPENSATION ...................................................................................................... 2
.ARTICLE 5. RETIREMENT ................................................................................................................................... 2
ARTICLE 6. OVERTIME COMPENSATION ........................................................................................................ 2
ARTICLE 7. EMPLOYEE LIFE INSURANCE ..................................................................................................... 2
ARTICLE 8. FLEXIBLE BENEFITS PLAN .......................................................................................................... 2
ARTICLE 9. RETIREE'S HEALTH INSURA~NCE ...............................................................................................3
ARTICLE 10. BEREAVEMENT LEAVE ............................................................................................................... 3
ARTICLE 11. HOLIDAYS ........................................................................................................................................ 4
ARTICLE 12. GENER_M... LEAVE ........................................................................................................................... 4
ARTICLE 13. LTD LEAVE OF ABSENCE ........................................................................................................... 5
ARTICLE 15. REST PERIODS ................................................................................................................................ 5
ARTICLE 16. LEAV-ES ................................................................. ~ ........................................................................... 5
.ARTICLE 17. STAND-BY DUTY ........................................................................................................................... 5
ARTICLE 18. CALL BACK DUTY ................................... ~ ................................................................................... ..5
ARTICLE 19. TUITION REIMBURSEMENT ....................................................................................................... 5
.ARTICLE 20. WORK SCHEDULES.~ ..................................................................................................................... 6
ARTICLE 21. LTD PLAx'N'. ....................................................................................................................................... 6
.ARTICLE 22. SHIFT DIFFERENTIAL ................................................................................................................. 7
ARTICLE 23. ACTING PAY .................................................................................................................................... 7
ARTICLE 24. PERFORM:.~NCE EVALUATIONS ............................................................................................... 7
ARTICLE 25. APPEALS :.kNq) HEARINGS/GRIEVANCE PROCEDURE ........................................................ 7
ARTICLE 26. SEVERANCE PAY AND ASSISTANCE TO LAYOFFEES ........................................................ 7
ARTICLE 27. FAMILY LEAVE ............................................................................................................................... 7
ARTICLE 28. MANAGEMENT RIGHTS CLAUSE ............................................................................................. 8
ARTICLE 29. SCOPE OF RENEGOTIATION AT CONCLUSION OF CONTRACT ..................................... 8
ARTICLE 30. DUE PROCESS RIGHTS ................................................................................................................. 8
ARTICLE 31. APPLICATION OF AGREEMENT .............................................................................................. 8
ARTICLE 32. GENDER ........................................................................................................................................... 8
ARTICLE 33. SEVE1LM3ILITY ............................................................................................................................... 8
ARTICLE 34. BINDING ON SUCCESSORS ......................................................................................................... 8
ARTICLE 35. RATIFICATION ............................................................................................................................... 9
ARTICLE 36. NOTICES ............................................................................................................................... :- .......... 9
ARTICLE 37. SUBJECT TO STATE LAW ........................................................................................................... 9
ARTICLE 38. CONCLUSION OF AGREEMENT ................................................................................................ 9
ARTICLE 39. NO CHANGE OF BENEFITS ......................................................................................................... 9
ARTICLE 40. MEMBERSHIP MEETINGS ........................................................................................................... 9
ARTICLE 41. REOPENER ................................................................... : ................................................................... 9
ARTICLE 42. TEILM OF AGREEMENT ............................................................................................................... 9
ATTACHMENT A - GRIEVANCE PROCEDURE
ATTACHMENT B - HEARINGS AND APPEALS PROCEDURE
MEMORANDUM OF UNDERST,~NDING
CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
Calendar Years 1999 and _9000
\¥HER~S, in accordance with the proxSsions of the California Government Code Sections 3500
et. seq. and Section 17 of the Personnel Rules and Reg-ulations of the City of Tustin, herein~ter
",City," the City's representatives have met and conferred in good faith ~x,ith representatives of the
Tustin Police Support Services Association, hereinafter ",Association," pert,fining to the subject of
employee wages, benefits and conditions of employment; a_nd \VI-IEREAS, the meetings between d-m
'Association and City representatives have restdted in ,an ,%,oreement ,and understanding to reconmaend
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
XVHEREAS, the Association is the majority representative of City employees in the representation
unit, titled Police Non-Sworn, comprised of all full-time non-sworn, non-administrative, and non-
management employees of the Police Department, City of Tustin for the purpose of representation
on issues of wages, hours, and other terms and conditions of emplo>anent and as such majority
representative the Association is empowered to act on behalf of all employees in the unit, whether or
not they are individually members of the Association.
Article 1. Represented Classes.
Representation Unit are as follows:
The classifications that comprise the Police Non-Sworn
Communications Officer
Community Services Officer
Lead Communications Officer
Parking Control Officer
Police Services Officer
Property and Ex. Sdence Technician
Property Officer
Records Clerk
Records Leadworker
Article 2. Compensation.
A. The base salary' rates of represented classes shall'be increased in accordance with the following:
Effective January 2, 1999 - All represented classes - 2%
Effective June 30, 1999 - Communications Officer, Lead Communications Officer and
Parking Control Officer- 2%.
Effective June 30, 2000 - All represented classes - 2% + 2% for Communications Officer, Lead
Communications Officer, and Par ~king Control Officer.
B. Resolution #88-103. SECTION 5. SALARY ADMINISTRATION. F. Salary in offter
Instances, (2) Salary on Promotion, shall be amended to proxdde that upon a promotion the '
employee shall receive a salaD' adjustment of at least 5%, provided that in no event shall the
promoted employee's salary exceed the maximum of the range of the class to which he is
promoted.
Page 2
Article 3. Uniforms. The City will proxdde a mzifonn maintenance allowance of two-hunch'ed and fifty
dollm-s ($250.00) annually for those employees required by the City to wear uniforms full time..~n
employee who wears a uniform half-time shall be compensated at fifty percent, an annual amount of
one hundred and twenB.'-five dollars ($125.00)
Article 4. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per month to
employees in City designated positions who can demonstrate a s 'kill in Spanish at the conversatio~xal
level, or in another language which the CiB' 5Ianager has approved as being needed for City business.
ShOuld a conflict arise regm-ding designation of an employee for compensat/on, proficiency and need
shall dete~Tnine who is eli~ble. Management will determine where and when the need is greatest, ,and
management will devise and administer a tesdng vehicle to determine degrees of proficiency.
Article 5. Retirement.
mo
The City shall continue to "pick up" and pat' on behalf of ea, ch employee the employee's
required contribution to the Public Employees Retirement System (PERS) in the amount
equal to seven percent (7%) of the employee's "compensation earnable". Employees ser¥ing
in a classification covered by this agreement shall have a vested right to receive all of the
retirement benefits entitled them as of the effective date of this agreement.
g.
Effective on or about January 1, 2000 the City shall amend the City's contract with the PERS
to implement California Government Code Section 21251 132, 2% @ 55 Supplemental or
Modified Formula for Local Miscellaneous Members. The City shall Pay the full cost of this
PERS upgrade.
Article 6. Overtime Compensation. All represented employees shall receive premium compensation
of time and one-half for all approved overtime hours worked in excess of; (1) regularly scheduled
hours per shift or (2) forty (40) hours worked in a seven (7) day work per/od. General Leave,
Compensatory Time and Holiday Hours shall be included within the above hours for eli~bility,
proxqded however, that standby time shall not be considered in determining entitlement to premium
compensation.
Article 7. Employee Life Insurance. Ci~, xfill pro~4de life insurance on each life of each regular,
permanent full-time, non-administrative, non-confidential, non-management general employee of the
City and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00
or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of
$1,000.00.
Article 8. Flexible Benefits Plan. The Flex4ble Benefits Plan will be as follows:
A. Flexible Benefits Contribution per month per eli~ble employee.
Employee Only
Employee + 1
Dependent
Employee + 2 or more
Dependents
Effective.Ianuan, 1. 1999
$312 $416 $520
Page 3
Effective Ianu~v 1. 2000
Each category, of the Flexible Benefits Contributions will be adjusted by the 1999 average
percentage increase in premiums of the plans in which City employees ye enrolled.
g.
Employees who do not take medical insurance tt-n'ough die program offered by the City shall
receive $120 per month in lieu of the tle.,cible benefits contribution. As a condition of receiving
such amount, the employee must proxide evidence, satisfactory to the City, that he has medical
insurance coverage comparable to coverage available through die City program.
C.
The Flexible Benefits contribution consists of mandatory and discretionary allocations which
may be applied to City sponsored prog'rams. Employees are required to take employee only
dental insurance with premiums to be p~d out of their contribution and $16 of the
contribution constitutes the City pa)~nent towards employee medical insurance. Employees
may allocate the remaining amount a.mong the following programs:
,
3.
4.
5.
6.
Medical insurance offered under the Public Employees' Medical and Hospital Care
Act Program.
Dependent Dental Insurance
Additional Life Insurance
Vision Insurance
Deferred Compensation
Section 12,5 Program
Discretionary allocations are to be made in accordance with program/City requirements
including restrictions as to the time when changes m,v be made in allocations to the respective
programs.
D. Section 125 Program
The Section 125 Program will be continued in full force and effect for the duration of this
agreement unless changed by mutual agreement of the City ,and Association. The Program
shall be administered through Colon/al Life provided that the City retains the fight to change
administrators for cause.
Article 9. Retiree's Health Insurance. The City will contribute a maximum of $150.00 per month
towards the payment of medical insurance premiums for employees who retire from the City of Tustin
after October 1, 1993. Such contribution is supplemental to the $16.00 per month City contribution
to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program
and subject to the same conditions applicable to the PERS City' contribution.
Article 10. Bereavement Leave. City will allow up to tt~ee (3) days w4th pay for the purpose of
bereavement leave for all non-administrative, non-confidential, and non-management general
employees of City in the event of a death in the immediate farnily. "Immediate Family" shall be
defined .as includfi~g spouse, mother, father, brother, sister, child, grandparent, and grandchild of the
employee or the employee's spouse.
Page 4
Article 11. Holidays. The following days shall be holidays for wNch full-time reg~ar and probation,uT
employees in pennanent positions, 'Mil receive compensation either in pay or paid time off.
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thursday in November
designated by the President or
Governor as Thanksgiving Da5,.
Day following Thanksgiving Day
Day before the Christmas
Day Holiday
December 25
Day before the New Year's
Day Holiday
New Year's Day
Washingon's Birthday
Memorial Day'
Independence Day
Labor.Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day'
Christmas Eve Holiday
Christmas Day
New Year's Eve Holiday
A.
When a holiday falls on a Sunday, the following Monday will be observed instead. ~rhen a
holiday falls on a Saturday, the preceding Friday will be observed instead. During the term of
this ageement when a holiday falls on a Friday that is not a workday the holiday will be
observed on the following Monday. For each holiday, full-time regular and probationary
personnel on shifts will receive eight (8) hours of General Leave for each day or equivalent
pay, whichever, in the judgement of the Personnel Officer, best serves the interest of the City.
Full-time regular ,and probationary personnel not assigned to shifts will receive paid time off;
eight (8) hours for a day. If a non-shift employee's scheduled day off falls on the day of the
holiday, he shall receive eight (8) hours pay for each day.
If the number of hours paid on a holiday is less than the hours that'would be paid if the
employee worked his regular shift, credited compensatory time or general leave will be used
to ensure that hours paid will be equal to what he would receive for his regular shift.
n.
On December 1 of each year, police non-sworn regular and promotional probationary
employees assigned to 12-1/2 hour shifts, hereinafter eligible employee (s), may designate may
portion of their holiday credit for the .following year which they 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 Janua_ry of each year. In the event that an eligible 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 Ns/her final check.
Article 12. General Leave. General leave with pa5' shall be granted to each full-time regular and
probationary employee at the rate hsted below per year, prorated on a bi-wee 'kly basis for each bi-
weeny pay period in which the employee works more than half time. ·
Page
Periods of Service
General Leave Hours Per Year
6 months to 1 year 26.67 hours per month
1-$ years 160
6-10 .... 208
Over 10 .... 248
mo
Each calendar year employees may accumulate General Leave to a maximum of m,dce d~e
employee's mmu,xl entidement... Upon reaching the m~imum the employee may continue to
accrue General Leave until the end of dm calendar year. During the first pay period of each
calendar year all unused Leave in excess of the mxximum shall be forfeited and no pa.nnent
shall be made for the forfeited Leave. Upon separation from the City ser~dce die employee
udll be paid for unused Leave, not to exceed the maximum of two (2) years entidement, at tim
employee's then current base salary rate.
Bo
An employee with less than six (6) months of employment shall be advanced a n~aximunl of
twenty-four (24) hours of General Leave that may be used for the employee's absence due to
her/his illness, injury, or incapacitation due to pregnancy. If an employee uses advanced Leave
and tem4nates prior to the completion of six (6) months of service, pa,nment received for such
Leave shall be deducted from his final paycheck.
Article 13. LTD Leave of Absence. An employee receiving LTD benefits trader the Ci~"s prooq'an~
will be granted a leave of absence without pay for the duration of his/her disability subject to a
maximum period of two (2) years.
Article 14. Compensatory Time. Employees will be paid for all compensatory time in December
of each year provided that an employee may retain a maximum of forty (40) hours in his,?her account
if notice of such desired retention is submitted to the City.
Article 15. Rest Periods. During each work shift of at least eight (8) hours m'o (2) fifteen (15) minute
rest periods will be' scheduled. The scheduling of rest periods shall be at the discretion of the
employee's supervisor and no compensation will be provided for rest periods not taken.
,~'ticle 16. Leaves. Resolution #88-103 will be amended to provide that needs of the employee will
be considered in the ganting of leaves of absence and employees may request a leave of absence
without pay to serve as a volunteer for a certified relief organization.
Article 17. Stand-by Duty. Employees assigned to stand-by duty shall be compensated at the rate of
one (1) hour of straight-time compensation for each eight (8) hours of such duB'. Such compensation
on Holidays shall be at the rate of two (2) hours of straight-time compensation for each eight (8) hours
of stand-by duty.
.~ticle 18. Call Back DuW. Employees shall receive a minimum of two (2) hours overtime
compensation (time and one-halt for any call which requires them to return to duty'.
Article 19. Tuition Reimbursement. Employees shall be encouraged to further their academic
education and training in those areas of benefit both to the employee and to the Cit).'. Full-time
employees will be eligible for reimbursement of eligible expenses by the City for professional and
technical courses subject to the following conditions and related Council Policy statements:
Page 6
Ao
Department Head and City Manager approval must be obtained before enrollmer/t in the
course.
Bo
Reimbursement shall be of tuition fees, textbooks, lab fees, or required supplies upon
completion of the course w4th a satisfactory grade ,'md after the completion of the initial
probationary period.
C°
Tuition reimbursement shall not be made if the employee is drm~.Sng veteran's education
benefits or ,'my other reimbursement for the same courses.
D.
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 communits' college and fora' year college or university in a calendar
year the maximum reimbursement shall be $750.00.
Article 20. Work Schedules.
A.
Subject to the conditions in this Article the City will continue the 9/80 work schedule, (in a 14-
day work cycle the. employee works eight 9-hour days where the scheduled work shift
commences and ends at the same time each day, and one eight-hour work day, with one
period of 3 consecutive days off and one period of two consecutive days off) for all employees
except Communications Officers, Records Clerks or designated Police Services Officer who
work either a 3/12.5 schedule, (in a 14-day work cycle there are 6 work shifts dMded into 3
consecutive shift segments with each shift consisting of 12 hours work time and 1/2 hour lunch
period plus 1 work shift of 8 hours work time and 1/2 hour lunch period) or 4/10 work
schedule, (in a 7-day work cycle the employee works four 1 O-hour days where the scheduled
'work shift commences and ends at the same time each day, with three consecutive days off)
or some other schedule upon mutual agreement of the City and employee. Continuation of
the schedules are subject to needs of the City provided that ff a 4/10 or 3/12.5 work schedule
is discontinued, affected employees u411 be placed on the 9/80 schedule. Upon mutual
agreement of the City and employee, schedules other than those defined herein may be
implemented.
Bo
Any employee's work schedule may be temporarily changed to accommodate training
assignments which are eight (8) or more hours in duration.
.~A-ticle 21. LTD Plan.
Ao
The ITT Hartford Long-Term Disability Insurance Plan in effect as of January 1, 1999 shall
continue in full force and effect during the term of this agreement unless 'changed by the
mutual agreement of the City and Association.
Page 7
Bo
In addition to provisions of the Long-Term Disability Insurmace Plan, the City agrees to pay
the stone sala_ry benefit paid by the PI~ for disability leave which occurs after the employee
has used eighty (80) consecutive hours of general leave during the 30 day period beaming x~Sth
the 1 st day of the leave.
Co
Flexible benefits will be continued for ninety days of a disability leave and such time u411 be
counted towards satisfying Federal FMLA mhd State of California FK4~ requirements.
Article 22. Shift Differential. Any Communications Officer, Lead Communications Officer,
Community Services Officer, Records Clerk, or Records Leadworker assigned on a regular basis (ten
or more continuous i~,or 'king days) to a shift that requires the employee to work at least one-half of the
hours between the hours of 6:00 p.m. and 6:00 a.m., shall receive a shitk differential of twenty-five
dollars ($25.00) per pay period. The right to assigm and/or reassign ,'m indMdual to a particular shift
is the sole prero~tive of the City. Any such ,assignment and/or re~signment shM1 not be subject to
the grievance and/or discipline appeals process.
Article 23. Acting Pay. An employee assigned to work in a classification paid more than the
classification he/she holds will receive a pay rate which is at le~t 5% higher than the rate he/she is
normally paid. This rate u411 be paid ,after the employee has been in the assigmment for thirty (30)
consecutive calendm' days.
Article 24. Performance Evaluations. An employee may not appeal or grieve a performance
evaluation mzless said evaluation results in the denial of a merit increase. Nothing herein shall restrict
an employee from hax4ng a written rebuttal attached to a performance evaluation with which the
employee disagrees.
Article 25. Appeals and Hearings/Grievance Procedure. Attachment A is a Grievance Procedm'e and
Attachment B is an Appeals and Hearings Procedure. These procedures shall supersede any
conflicting pro¼sions of City Resolution #88-103.
.-
Article 26. Severance Pay and Assistance to Layoffees.
m~
Severance pay of one week per year of service subject to a maximum of 4 weeks pay, ~x411 be
provided to employees who are laid off and not offered employTnent through an agreement
between a contractor and the City of Tustin.
Bo
Letters of recommendation will be prox4ded for employees whose performance was satisfactory
on the date of their layoff.
Co
Reasonable assistance in locating alternative employment wdll be proxdded for employees
are laid off.,
Article 27. Family Leave. Consistent with requirements of the Family Medical Leave Act employees
shall have the right to up to twelve (12) weeks of unpaid leave for pm'poses of attending to personal
or family illnesses. During the leave employees will continue to receive City medical contributions.
For all other purposes, FMLA leave shall be n'eated the same as other unpaid leaves of absence.
Page 8
Article 28. Management Rights Clause. Except as other~vise specifically provided in tkis resolution,
the Personnel Rules & Regulation and Department Regulations, and amendments and rex4sions
thereto, will remain in force and effect, whether exercised or not, ,'md they are the sole and exclusive
rights ,'md functions of management, including, but not limited to:
The fight to contract or subcontract construction, services, maintenance, distribution or
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 an5' employee.
The right to take such further action as may be necessary to organize and operate the City in
the most efficient and economical manner to serve the public interest.
Article 29. Scope of RenegofiatiOn at Conclusion of Contract. All the provisions of tiffs ageement
and other conditions of employment appropriate to the meet and confer process shall be subject to
renegotiation at the conclusion of the term of this ageement, and may thereafter be included in the
meet and confer process at the request of either par .ry.
Article 30. Due Process Rights. Due process Fights mandated by California statutes or judicial
direction will be observed in the taking of the disciplinary actions as contemplated in City Resolution
#88-103, SECTION 8. ATTENDANCE AND LEAVES,-A. Attendance. (4); SECTION 9.
TIL~qSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT, C.
Demotion., D. Suspension; and SECTION 10. SEPARATION FROM THE SERVICE, A.
Discharge. and D. Disability.
Article 31. 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 Ci~' included
within the representation unit, represented by Association, and that this Memorandum covers only
said employees. It is not solely limited to the members of said Association.
Article 32. 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 33. Severability. If any part of this Memorandum is rendered or declared invalid by reason
of any existing or subsequently-enacted leg'islafion, governmental regulation or order or decree of
court, the invalidation of such part of this Memorandum shall not render invalid the remaining parts
hereof.
Article 34. Binding on Successors. This Memorandum shall be binding on the successors and assigns
of the parties hereto and no provisions, terms or obligations herein contained shall be affected or
changed in any way whatsoever by the consolidation, merger, transfer or assignment of either part3'
hereto.
Page 9
Article 3,5. Ratification. This memorandum contah~s all the terms and con&dons agreed to between
the pm'ties. The memorandum shall be of no force or effect urdess and until duly approved, adopted,
'rat/tied, m-~d agn'eed to by the City Council of City, or in alternative, that. all of the substantive provisions
cont,'fined herein are adopted by Resolution of the City Council.
Article 36. Notices.-Notices hereunder shall be in writing, and if to the Association, shall be mNled
to the Tustin Police Support Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780;
and, if the City, shall be m,"filed to Cit-5' Manager, City of Tustin, 300 Centennial YVay, Tustin, CA
92680.
Article 37. Subject to State Law. Any prox4sions contained in fi'ds ageement to the contraIs'
nomdthstanding, the parties expressly understand and agee that City shall not be required to provide
any compensation, fringe, or other benefits to employees which are contrary to any provisions of State
law ancl/or which will or may result fl~ any limitation, disability or restriction upon the right of City to
receive funds, share in funds, and/or receive other benefits from the United States of America, State
of Calffom/a, or any subclivision or agency of either of them or any other political sub&vision or entity.
Article 38. Conclusion of Agreement. This Agreement shall contain all of the covenants, stipulations
,'md the provisions agreed upon by the parties. It is understood that all items relating to employee
wages, hours and other terms and conditions of employment not covered in this Agreement are
covered by existing Ordinances, Resolutions, policies and practices of City as well as the Personnel
Rules and Regulations presently in effect. Therefore, for the life of this Agreement, the City or
Association. shall not be compelled to meet and confer concerning any mandatory meet and confer
issue, whether specifically met and conferred upon prior to the conclusion of this Agreement or which
may have been omitted in the meeting and conferring which led up to the conclusion of this
Agreement, except by mutual agreement of the parties.
Article 39. No Change of Benefits. During .the term of this agreement there shall be no change of
benefits or pri'dleges contained in existing resolutions and rules not specifically revised by the
provisions of this ,%oreement, except after compliance with applicable laws.
Article 40. 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
prox4de a minimum of two (2) wee-ks 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 41. Reopener. The Association reserves the right to reopen the meet and confer process
regarding shift differentials if schedule changes in the Police Department result in additional
employees wor 'king more than 50% of their time during the period from 6:00 P.M. to 6:00 A.M.
Article 42. Term of Agreement. The term of fi'tis ageement shall be from the date of its execution
to and including December 31, 2000.
Page 10
IN \hrlTNESS YV'HEREOF, the pm-ties hereto have executed tlzis document this
of ..... ,1999.
CITY OF TUSTIN
TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
BY
\Villiam A. Huston
City Manager
BY
Christine Schwartz, President _..)-
Attachment A
II.
ESTABLISHMENT
GRIEVANCE PROCEDLrRE
'January 1999
These procedures are established to provide for the resolution of grievances of employees, employee
representatives and management.
LIMITATIONS
The procedures set forth in this Section shall apply to all grievances involving employees, employee
organization representatives and management. Excluded from this procedure are grievances related
to:
(1)
The amendment or change of City Council resolutions, ordinances or minute orders, which do
not involve provisions of a Memorandum of Understanding, Personnel Rules and Regulations
or other agreements between the City.and employee organization.
(2) Position classification..
III. DEFINrlTIONS
IV.
Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules and Regulations or Memorandum of
Understanding, or a violation or potential violation of state or federal law.
(2)
Grievant: An employee, member of City management or an authorized representative of the
employee organization who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules and Regulations, an agreement betwveen the City and
employee organization, MemOrandum of Understanding or violation or potential violation of
state or federal law.
(3)
Grievance Procedure: The process by which the validity of a gTievance is determined and
resolution effected.
(4) Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s).
PROCEDUR~
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 ~,m-ievance.
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, ageement, memorandum
of understanding or rules alleged to have been violated and the remedy sought.
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If the grievant is an employee, he/she shall submit the grievance form to his/her immediate supervisor,
provided that if the employee suspects or has proof that a federal or state law is being violated or is
about to be violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of
receipt of the form, the supervisor shall inform the grievant of his/her decision. Grievances submiue, d
by management and ~m-ievances submitted by employee organization representatives that invol}.:e
issues potentially impacting the organization's rights or membership as a whole shall be filed at
Step 3.
Step 2. If the grievance is not satisfactorily resolved in Step 1, the grievant may, w/thin 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 (t0) days of his/her meeting with the grievant, the
Department Head shall inform the grievant of his/her decision.
Step 3. If the grievance is not satisfactorily resolved in Step 2, or in the case of management and
employee organization grievances, the grievant may submit the grievance to the City Manager.
Employee grievances are to be submitted within ten (10) days of receipt of the Department Head's
decision. Such submission shall include the original of the grievance form and a v,a-itten statement
of any issues which are in dispute. The City Manager has the sole discretion to hear the grievance
him/herself or appoint any City management/supervisory employee (except the employee's
Department Head), or an arbiter, as defined in the Hearing and Appeals Procedures, to hear the
grievance and submit a recommendation as to resolution of the grievance. Upon the request of the
employee organization that an arbiter hear the grievance the City Manager shall honor the request with
the grievance then being treated as an apPeal to be processed in accordance with the Hearing and
Appeals Procedures.
GENERAL PROVISIONS
(1)
(2)
(3)
(4)
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 and Regulations or Memorandum of Understanding. Upon a showing of good
cause to the Personnel Officer, such discussion may be waived between an employee and
his/her immediate supervisor. Cause shall include, but not be limited to, situations wherein
alleged inappropriate actions of the supervisor form the basis for the grievance and the
employee has reasonable cause to believe that the. supervisor would not be objective.
An employee may obtain a grievance form from his/her supervisor or the personnel
department. All documents, communications, and records dealing with the processing of
~m-ievances shall be filed separately from personnel files.
No retribution or prejudice shall be suffered by employees making use of the ~m-ievance
procedure by reason of such use.
Failure by management at any step of this procedure to communicate their decision on the
grievance within the specified t/me 1/mits shall permit the grievant to proceed to the next step.
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VI.
(s)
An employee or management grievant shall be entitled to be present at all steps of the
procedure.
Failure by the grievant to appeal a decision on a grievance within the specified time limits shall
be deemed acceptance of the decision rendered.
(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.
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.
Griev-pro99-fin
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Attachment B
HEAl:LINGS A_N-D APPEALS PROCEDLTR_ES
II
PRE-DISCIPLIN-&RY HEARINGS AND DISCIPLINARY APPEALS
A. Pre-disciplinary Hearings. An employee who has attained a regular appointment
-shall have the fight to a pre-disciplinary hearing before his/her Department Head or
designee whenever the employee may be subject to a demotion, non-emergency
suspension, or non-emergency dismissal. In the event of an emergency suspension
or dismissal a hearing will be'conducted by the Department Head or designee as soon
as practicable after the action has been taken. ·
B. Procedure for Pre-disciplinar~ Hearings_. Notice of a proposed disciplinary action
s-hall be provided' to the employee including a statement of the proposed action, .the
reasons therefor, and a copy of the charges and materials upon which the action is
based. The employee shall have ten (10) days to respond orally, in writing, or both
to the charges. Within ten (10) days of the employee's response, s/he 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
therefor, and the employee's fight to appeal.
C. Post-Discipline Appeal. Within ten (10) days after receiving the Notice of
Disciplinary Action the-employee may appeal the action in writing to the City
Manager.
D~
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.
Unless other~se indicated, "day or days" when used in this section shall be calendar day(s).
APPEALS PROCEDURE
A. If a timely appeal is filed as provided in the GRIEVANCE PROCEDURE or PRE-
DISCIPLExlARY HEARINGS AND DISCIPLINARY APPEALS the City Manager may
hear the appeal or 'appoint any City management/supervisory employee or arbiter to hear
the appeal.
B. An "arbiTer" is a person 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
C. In the event that the employee organization requests that an arbiter hear the appeal, such a
request v~511 be honored. The arbiter shall be chosen from a panel of 3 arbiters which shall
consist of 1 arbiter selected by the Association, 1 selected by the City and 1 selected
through a drawing involving 6 names of arbiters; 3 chosen by the association and 3 chosen
by th~ Cid'. The panel shall be used for all hearings conducted during the term of this
III.
D.
E.
a~eemcnt unless changed by mutual ageement of the City and Association.
The first panel arbiter to be used will be selected by a drawing; thereafter the basis of
selection will be rotation w'ith the first arbiter placed in the number 3 position.
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.
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 h/s/her written decision to the employee.
HEARINGS
A.
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 agee to a longer or shorter period of time.
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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.
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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 wkich
reasonable persons are accustomed to rely in the conduct of sehous 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.
D.
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/he~:
to testify; and to rebut the evidence against him/her. If the respondent does not testify in
her/his own behalf, s/he may be called and examined as if under cross-examination. Oral
evidence shall be taken only on oath or affirmation. Upon the mutual agreement of the
parties a court reporter will be engaged to record the heating, provided that either party may
.engage a reporter with the understanding that there will be no cost to the other party.
The hearing shall proceed in the following order, unless the hearing officer, for special
reasons, otherwise directs:
(1) Opening statements shall be permitted with the complainant proceeding first.
(2)
Ln the presentation of cases, the party bearing the burden of proof shall make the
first presentation. 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.
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(3)
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;
(4) Closing arguments and written briefs shall be permitted.
The hearing officer shall determine the relevancy, weight, and credibility of
testimony and evidence. S/he shall base his/her findings on the preponderance of
evidence. During the examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing unless the hearing officer, for good
cause, otherwise directs. No still photographs, moving pictures, or 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 s/he
believes to be important to reaching a fair and proper decision.
(6)
The hearing officer shall have no authority to amend, alter, or modify a
Memorandum of Understanding or any sections of the City Personnel Rules and
Regulations and shall limit his/her recommendations to the interpretation and
application of the Memorandum of Understanding(s), agreement at issue and/or the
City Personnel Rules and Regulations.
(7)
In appeals from disciplinary actions the hearing officer may recommend sustaining,
rejecting or modifying the disciplinary action provided that s/he may not
recommend discipline more stringent than that invoked by the City.
The hearing officer's findings, conclusion and recommendations shall be filed ~x4th the City
Manager, with a copy sent to the appellant and the Personnel Officer. The Cie' Manager,
in his/her sole discretion, may hear limited oral arguments and/or request written statements
from either party on the hear/rig 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, w/thin ten (10) days of the receipt of the hearing officer's report. 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.
O.
If the appeal is heard by an arbiter the arbiter's fees and expenses, including the cost of a
written transcript, will be divided equally between the City and appellant provided that each
party shall be responsible for compensating its own. witnesses and purchasing its own copy
of the written transcript. If either party unilaterally cancels or postpones a scheduled
hearing thereby resulting in a fee charged by the arbiter or court reporter, the party
responsible for the cancellation or postponement shall be solely responsible for payment of
the fee. The arbiter shall submit his&er bills for services to the party wh/ch is obligated to
pay them pursuant to this section.
H.
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.
The time limits specified at any step in this procedure may be extended or reduced by
whtten agreement of the grievant and an authorized management representative.
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