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HomeMy WebLinkAbout10 TMEA MOU 02-16-99t_AG. ND A! DATE: FEBRUARY 10, 1999 NO. 10 2-16-99 Inter C'o'm TO: FROM: SUBJECT: WILLIAM A. HUSTON PERSONNEL SERVICES TMEA MEMORANDUM OF UNDERSTANDING ,. SUMMARY: AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION EFFECTIVE JANUARY 1, 1999 TO DECEMBER 31,2000. RECOMMENDATION: That the City Council authorize the City Manager to sign the Memorandum of Understanding between the City and the Tustin Municipal Employees Association, representing non-sworn/non-management employees. This is a two-year agreement ending December 31,2000. 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 $146,097 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 $136,284. Increases to the flexible benefit amount that provides for the employees health and welfare benefits amounts to $16,080.00 annually. Depending on rate increases that may go into effect in the year 2000, this figure may increase in the second year. BACKGROUND: The general employees that comprise this unit have requested the 2% at 55 option for their unit for at least the past five years. There is a growing trend in Orange County Cities toward providing this retirement option. The salary increases granted to this group provide for cost of living adjustments and will keep Tustin competitive in salaries to attract and retain the most qualified Individuals. Bettie Correa Senior Personnel Analyst S:BMC\CouncilReports\TMEA99MOU-Rpt. doc MEMORANDUM OF UNDERSTANDING TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION AND CITY OF TUSTIN 1-1-1999 TO 12-31-2000 TABLE OF CONTENTS ARTICLE 1. REPRESENTED CLASSES .............................................................................................................. ARTICLE 2. COMPENSATION ................................................................................................................................ 2 ARTICLE 3. UNIFORMS .......................................................................................................................................... 2 ARTICLE 4. BILINGUAL COMPENSATION ........................................................................................................ 2 ARTICLE 5. RETIREMENT ..................................................................................................................................... 2 ARTICLE 6. OVERTIME COMPENSATION .......................................................................................................... 3 ARTICLE 7. EMPLOYEE LIFE INSURANCE ....................................................................................................... 3 ARTICLE 8. FLEXIBLE BENEFITS PLAN ........................................................................................................... 3 ARTICLE 9. RETIREE'S HEALTH INSURANCE ......................................................................... 4 ARTICLE 10. BEREAVEMENT LEAVE ..................................................................................... 4 ARTICLE 11. HOLIDAYS ......................................................................................................................................... 4 ARTICLE 12. GENERAL LEAVE ............................................................................................................................ 5 ARTICLE 13. LTD LEAVE OF ABSENCE ............................................................................................................ 6 ARTICLE 14. COMPENSATORY TIME ................................................................................................................ 6 ARTICLE 15. REST PERIODS ............................................................................................................................... 6 ARTICLE 16. LEAVES ............................................................................................................................................. 6 ARTICLE 17. STAND-BY DUTY ............................................................................................................................ 6 ARTICLE 18. CALL BACK DUTY .......................................................................................................................... 6 ARTICLE 19. EDUCATIONAL INCENTIVE PAY ................................................................................................. 6 ARTICLE 20. TUITION REIMBURSEMENT ............................................. : ........................................................... 6 ARTICLE 21. WORK SCHEDULES ....................................................................................................................... ? ARTICLE 22. LTD PLAN ........................................................................................................................................ ARTICLE 23. ONE-HALF HOUR LUNCH: FIELD SERVICES EMPLOYEES ............................................... 8 ARTICLE 24. COMMERCIAL DRIVER'S LICENSE ............................................................................................ 8 ARTICLE 25. SHIFT DIFFERENTIAL ................................................................................................................... 8 ARTICLE 26. ACTING PAY .................................................................................................................................... 8 ARTICLE 27. PERFORMANCE EVALUATIONS ................................................................................................ 8 ARTICLE 28. APPEALS AND HEARINGS/GRIEVANCE PROCEDURE .........................................................8 ARTICLE 29. SEVERANCE PAY AND ASSISTANCE TO LAYOFFEES ....................................................... ARTICLE 30. LAYOFF POLICY .............................................................................................................................. 8 ARTICLE 31. CONTRACTING OUT ....................................................................................................................... 9 ARTICLE 32. FAMILY LEAVE ........................................................................................ ~. ........................................ ARTICLE 33. PERSONNEL RULES AND REGULARTIONS ......................................................... 9 · ARTICLE 34. MANAGEMENT RIGHTS CLAUSE ............................................................................................. ARTICLE 35. SCOPE OF RENEGOTIATION AT CONCLUSION OF CONTRACT ................................... ARTICLE 36. DUE PROCESS RIGHTS ................................................ ARTICLE 37. EFFECTIVE DATE ......................................................................................................................... 11 ARTICLE 38. APPLICATION OF AGREEMENT .......... .~ ................................................................................... 11 ARTICLE 39. GENDER ......................................................................................................................................... ARTICLE 40. SEVERABILITY ............................................................................................................................. 11 ARTICLE 41. BINDING ON SUCCESSORS.... .................................................................................................. 11 ARTICLE 42. RATIFICATION .............................................................................................................................. 11 ARTICLE 43. AMENDMENTS ............................................................................................................................. 11 ARTICLE 44. NOTICES ........................................................................................................................................ 11 ARTICLE 45. SUBJECT TO STATE LAW ........................................................................................................ 11 ARTICLE 46. CONCLUSION OF AGREEMENT ......................................... ARTICLE 47. NO CHANGE OF BENEFITS ............... ARTICLE 48. CONTRACT BAR .......................................................................................................................... 12 ARTICLE 49. MEETINGS .................................................................................................................................... 12 ARTICLE 50. REOPENER ..................................................................................................................................... 13 ARTICLE 51. TERM OF AGREEMENT ................................................... Attachment A - Grievance Procedure Attachment B - Hearings and Appeals Procedure MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, in accordance with the provisions of the California Govemment Code Sections 3500 et.seq, and Section 17 of the Personnel Rules and Regulations of the City of Tustin, the City's employee representatives have met and conferred in good faith with the representatives of the Tustin Municipal Employees Association pertaining to the subject of wages, benefits and conditions of employment of City; and WHEREAS, the meetings between the Tustin Municipal Employees Association and the City representatives have resulted in an agreement and understanding to recommend that the employees represented' by the Tustin Municipal Employees Association.accept all of the terms a'nd conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions the changes and additions to the wages, hours, and conditions of employment for the represented classes. WITNESSETH WHEREAS, the Tustin Municipal Employees Association is the majority representative of employees in the hereinafter listed classes for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative the Tustin Municipal Employees Association is empowered to act on behalf of employees in the General Employees Representation Unit, whether or not they are individually members of the Tustin Municipal Employees Association. Article 1. Represented Classes'. The classifications covered by this agreement are: Administrative Secretary Account Clerk Associate Civil Engineer Assistant Civil Engineer Assistant Planner Associate Planner Building Inspector ~ Building Technician Business License Technician Clerk Typist Code Enforcement Officer Custodian Deputy City Clerk Draftsperson Engineering Aide Equipment Mechanic Equipment Operator Intermediate Clerk Typist Junior Civil Engineer Maintenance Leadworker Maintenance Worker Management Analyst Mechanics Helper Meter Reader Office Clerk Office Support Specialist Plan Checker Plan CheckedSenior Bldg. Inspector Project Manager Public Works Inspector Recreation Coordinator Reproduction Operator Senior Account clerk Senior Management Analyst Sports Field Specialist Transportation Engineer Water Services Engineer Water Treatment Plant Operator P~e 2 Article 2. Compensation. A, The base salary rates of represented classes shall be increased in accordance with the following: Effective January 1, 1999 - 2% Effective June 30, 2000 - 2% Bo Resolution #88-103. SECTION 5. SALARY ADMINISTRATION, F. Salary in other Instances, (2) Sala _ry on Promotion, shall be amended to provide that upon a promotion the employee shall receive a salarY adjustment of at least 5%, provided that in no event shall the promoted employee's salary exceed the maximum of the range. Article 3. Uniforms. Ao The City will make raingear and overalls available for use by the Building Inspectors and Public Works Inspectors. Be The City will provide eleven (11) sets of pants/shorts and shirts for each maintenance employee required to wear a uniform and City will pay the cost of renting and cleaning the standard-issue maintenance employee uniforms. Each employee may designate a "mix" of pants and shorts for the term of the contract with the uniform vendor. This "mix" may not be changed during the term of the contract with the uniform vendor. Each employee, must have long pants immediately available for wear on a daily basis. Additional uniforms, laundering~ or special services shall be at the employee's expense. 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 skill in SPanish at the conversational level, or in another language which the City Manager has approved as being needed for City business. Should a conflict arise regarding designation of an employee for compensation, proficiency and need shall determine who is eligible. Management will determine where and when the need is greatest, and management will devise and administer a testing vehicle to determine degrees of proficiency. Article 5. Retirement. A. B. The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirement System (PERS) in the amount equal to seven percent (7%) of the employee's "compensation earnable". Employees serving in a classification covered by this agreement shall have a vested right to receive all of the retirement benefits entitled them as of the effective date of this agreement. The City shall amend its contract with the PERS to include California Government Code Section 20930.3, Military_ Service Credit as Public service. Page 3 C, The City's contract with the PERS will be amended to provide for the Third Level of the 1959 Survivor Benefit as provided in Section 21382.4 of the California Government Code. Employer Cost and Employee Cost will be paid by the respective parties. Do 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. Article 6. Overtime Compensation. All non-administrative, non-confidential and non- management general employees shall receive premium compensation of time and one- half for all approved overtime hours worked in excess of, (1) regularly scheduled hours per shift or (2) forty (40) hours worked in a seven (7) day work period. General Leave, compensatory time and Holiday hours shall be included within the above hours for eligibility, provided however, that standby time shall not be considered in determining entitlement to premium compensation. Article 7. Employee Life Insurance. City will provide life insurance on each life of each regular, permanent full-time, non-administrative, non-confidential,' non-management general employee of the City and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. Article 8. Flexible Benefits Plan. The Flexible Benefits Plan will be as follows: A, Flexible Benefits Contribution Per month per eligible employee. Employee Only Employee + 1 Dependent Employee + 2 or more Dependents Effective January 1, 1999 $312 $416 $520 Effective January 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 are enrolled. B. Employees who do not take medical insurance through the program offered by the City shall receive $120 per month in lieu of the flexible benefits contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. Page 4 C. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. Employees are required to take employee only dental insurance with premiums to be paid out of their ContribUtion and $16 of the contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following City sponsored programs: , , 3. 4. 5. 6. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Program. Dependent Dental Insurance Additional Life Insurance Vision Insurance Deferred Compensation Section 125 Program 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. 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 Colonial Life provided that the City retains the right to change administrators for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. Article 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 three (3) days with 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 family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Article 11. Holidays. The following days shall be holidays for which all full-time regular and probationary employees will receive compensation either in pay or paid time off. Page 5 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 Day. Day following the Thursday in November designated as Thanksgiving Day. Day before the Christmas Day Holiday December 25 Day before-the New Year's Day Holiday New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Holiday Christmas Day New Year's Eve Holiday When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. During the term of this agreement 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/she would receive for his/her regular shift. Article 12. General Leave. General leave with pay shall be granted to each full-time regular and probationary employee at the rate listed below per year, prorated on a bi- weekly basis for each bi-weekly pay period in which the employee works more than half time. Periods of Service General Leave Hours Per Year 6 months to 1 year 26.67 hours per month 1-5 years 160 6-10"" 208 Over 10 "" 248 Page 6 Article 13. LTD Leave of Absence. An employee receiving LTD benefits 'under the City's program will be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of two (2) years. Article 14. ComPensatory Time. Employees will be paid f(~r 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 two (2) fifteen (15) minute rest periods will be scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no compensation will be provided for rest periods not taken. Article 16. Leaves. Resolution #88-103 will be amended to provide that needs of the employee will be considered in the granting of leaves of absence and employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. · Article 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 duty. Such compensation on Holidays shall be at the rate of two (2) hours of straight-time compensation for each eight (8) hours of stand-by duty. Additionally, an employee who is standing by and is required to log onto. the SCADA System shall be credited with a minium of one-half hour worktime or the actual time spent in system operation, whichever is greater. Said minimum will apply to each log-in provided that only one minimum will be credited during any thirty minute period. Article 18. Call Back Duty. Employees shall receive a minimum of two (2) hours overtime compensation (time and one-hal0 for any call which requires them to return to duty. Article 19. Educational Incentive Pay. Only employees receiving educational incentive pay as of July 1, 1989, shall be eligible for educational incentive pay as set forth in Article 17 of the March 31, 1987 M.O.U. The continuing education requirement remains the same; however, no employee shall be able to increase his/her amount of educational incentive pay after July 1, 1989 nor shall any additional employees after July 1, 1989, be eligible for educational incentive pay. Any employee who becomes ineligible for educational incentive pay shall not be able to requalify. Article 20. 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 Will be eligible for-reimbursement of eligible expenses by the City for professional and technical courses subject to the following conditions and related Council Policy statements: A, Department Head and City Manager approval must be obtained before enrollment in the course. Page 7 B. Reimbursement shall be of tuition fees, textbooks, lab fees, or required supplies upon completion of the course with a satisfactory grade and after completion of the initial probationary period. Gl Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. De Reimbursement for up to five hundred dollars ($500.00) each calendar year if the employee is attending a community college or ($1,000.00) each calendar year if the employee is attending a four year college or university will be paid upon receipt by the Personnel Department of proof of successful completion of the course and proof that payment of fees has been made. If an employee attends both a community college and four year college or university in a calendar year the maximum reimbursement shall be $750.00. Article 21. 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. B, Any employee's work schedule may be temporarily changed to accommod._ate training assignments which are-eight (8) or more hours in duration. C, The City 'Flexible Work Schedule Policy" will be amended to provide for a seven (7) day notice to affected employees prior to the revocation of a flexible work schedule and the clause, "subject to any modifications approved.by the City Manager" will be deleted. , Article 22. LTD Plan. A. 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. B, In addition to provisions of the 'Long-Term Disability Insurance Plan, the City agrees to pay the same salary benefit paid by the Plan for disability leave which occurs after the employee has used eighty (80) consecutive hours of general leave during the 30 day period beginning with the 1st day of the leave. C. Flexible benefits will be continued for ninety days of a disability leave and such time will be counted towards satisfying Federal FMLA and State of California FRA requirements. Page 8 Article 23. One-Half Hour Lunch: Field Services Employees. The City has agreed to Field Services employees taking a one-half hour lunch in the field. This is in recognition of the fact that the City anticipates increased efficiency, because, as a general rule, employees will not return to the Corporation Yard for the lunch break. Article 24. Commercial Driver's License. Employees in positions requiring that incumbents have a Commercial Driver's License will be reimbursed for the difference between the cost of the License and a regular non-commercial driver's license. Additionally, the City will provide training and pay for physical examinations necessary to obtain and maintain the Commercial Driver's License. Article 25. Shift Differential. Any Custodian, assigned on a regular basis (ten or more continuous working days) to a shift, eight hours of which fall between the hours of 2:30 p.m. and 3:00 a.m. shall receive a shift differential of twenty-five dollars ($25.00) per pay period. The right to assign and/or reassign an individual to a particular shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the grievance and/or discipline appeals process. .. Article 26. Actinq Pay. An employee assigned to work in a classification paid more than the classification he/she holds will receive a pay rate which is at least 5% higher than the rate he/she is normally paid. This rate will be paid after the employee has been in the assignment for thirty (30) consecutive calendar days. Article 27. 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, t6 a performance evaluation with which the employee disagrees. Article 28. Appeals and Hearings/Grievance Procedure. Attachment A is a Grievance Procedure and Attachment B is an Appeals and Hearings Procedure. These procedures shall supersede any conflicting provisions of City Resolution #88-103. Article 29. Severance Pay and Assistance to Layoffees. A. Severance pay of one week per year of service subject to a maximum of 4 weeks pay, will be provided to employees who are laid off and not offered employment through an agreement between a contractor and the City of Tustin. B. Letters of recommendation will be provided for employees whose performance was satisfactory on the date of their layoff. C. Reasonable assistance in locating alternative employment will be provided for employees .who are laid off. Article 30. Layoff Policy. By June 30, 1999 the City and Association shall meet and confer for purposes of modifying the layoff policy to incorporate seniority as a primary Page 9 criteria in the selection of employees to be laid off, add provisions for the notification of the Association in the event of layoffs that may occasion the contracting out of services and extend the opportunity to the Association to meet and confer on the impact of the layoffs. Said notification shall coincide with City Council direction to request proposals. Article 31. Contractinq Out. If the City decides to contract out services performed by unit employees, the employees shall have the right to competitively bid to provide the services. The City shall provide employees with necessary information to facilitate such a bid. Article 32. Family Leave. Consistent with requirements of the Family Medical Leave Act employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of attending to personal or family illnesses. During the leave employees will continue to receive City medical contributions. For all other purposes, FMLA leave shall be treated the same as other unpaid leaves of absence. Article 33. Personnel Rules and Regulations. City resolution #88-103, shall be amended as follows: SECTION 8. ATTENDANCE & LEAVES, E. General Leave Delete the following paragraphs: (2) General leave may be accumulated to a maximum of twice the employee's annual entitlement. No general leave shall accrue beyond the authorized maximum. Employees shall be given until July 4, 1997 to use accumulated general leave before accrual ceases. Employees shall be given notices and reasonable time and opportunity to use' 'the accumulated general leave thereafter. (4) General leave may not be used at the time of termination of employment and all accrued but unused general leave credits shall be paid off at the employee's current hourly rate except that no payment shall be made to an employee who has not completed six (6) months of continuous service, nor shall any payment be made for unused credits in excess of the maximum accrual of these rules. Add tlse following paragraphs: (2) Each calendar year employees may accumulate General Leave to a maximum of twice the employee's annual entitlement. Upon reaching the maximum the employee may continue to accrue General Leave until the end of the calendar year. During the first pay period of each calendar year all unused Leave in excess of the maximum shall be forfeited and no payment shall be made for the forfeited Leave. General Leave may not be used at the time of termination of employment, Upon separation from the City service the employee will be paid for unused Leave, not to exceed the maximum of two (2) years entitlement, at the employee's then current base salary rate. Employees shall be given notices and reasonable time and opportunity to use accumulated General Leave. P,~e 10 (4) An employee with less than six (6) months of employment shall be advanced a maximum of twenty-four (24) hours of general leave that may be used for the employee's absence due to hedhis illness, injury or incapacitation due to pregnancy. If an employee uses advanced leave and terminates prior to the completion of siX (6) months of service, payment received for such leave shall be deduCted from his/her final paycheck. SECTION 10, SEPARATION FROM THE SERVICE, C. Disability.,shall be amended by adding; "City will make every reasonable effort to accommodate an employee with a disability that restricts his/her ability to perform his/her duties." SECTION 17, EMPLOYEE ORGANIZATIONS, shall 1Se amended to Provide that the City Council adoption of rules and regulations, as referenced therein, shall be preceded by compliance with the meet and confer requirements in the California Government Code, Section 3500 et seq. Article 34. Manaqement Rights Clause. Except as otherwise specifically provided in this resolution, the Personnel Rules & Regulation and Department Regulations, and amendments and revisions thereto, will remain in force and effect, whether exercised or not, and they are the sole and exclusive rights and functions of management, including, but not limited to: The fight to contract' or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities. The right to suspend provisions of this agreement in the event of, and for the duration of, an emergency as determined by the City Council, and/or by County, State or Federal action upon notification to the association regarding the nature and expected duration of the emergency. The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay-off or discharge any employee. The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. Nothing contained herein shall be construed as a waiver by the Tustin Municipal Employees Association of any right to meet and confer and/or represent its members pursuant to the Meyer-Milias-Brown Act or any other applicable State or Federal law. Article 35. Scope of Renegotiation at Conclusion of Contract. All the provisions of this agreement and other conditions of employment appropriate to the meet and confer process shall be subject to renegotiation at the conclusion of the term of this agreement, and may thereafter be included in the meet and confer process at the request of either party. Article 36. Due ProceSs Rights. Due "process rights mandated by California statutes or judicial direction will be observed in the taking of the disciplinary actions as contemplated Page 11 in City Resolution #88-103, SECTION 8. ATTENDANCE AND LEAVES, A. Attendance. (4); SECTION 9. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT, C. Demotion., D. Suspension; and SECTION 10.. SEPARATION FROM THE SERVICE, A. Discharge. and D. Disability. This article is not to be interpreted as depriving employees of other due process rights mandated by California law. Article 37. Effective Date. All provisions set forth herein shall be effective as to non- administrative, non-confidential and non-management general employees of the City .of Tustin as of January 1, 1999 unless specified otherwise. Article 38. Application of Agreement. The parties agree that the term "employee" whenever used herein, whether singular or plural, means and applies only to those employees of the City included within the representative unit, represented by Tustin Municipal Employees Association, and that this Memorandum covers only said employees. It is not solely limited to .the members of the Tustin Municipal Employees Association. Article 39. 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 40. Severability. If any part of this Memorandum is rendered or declared invalid by reason of any existing or subsequently-enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this Memorandum shall not render invalid the remaining parts hereof. Article 41. Binding on Successors. This Memorandum shall be binding on ~he successors and assigns of the parties hereto and no provisionsl 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 42. Ratification. This memorandum contains all the terms and conditions agreed 'to between the parties. The memorandum shall be of no force or effect unless and until duly approved, adopted, ratified, and agreed to by the City Council of City, or in altemative, that all of the substantive provisions contained herein are adopted by Resolution of the City Council. Article 43. Amendments. This memorandum can be altered or amended only by written agreement between the parties hereto. Article 44. Notices. Notices hereunder shall be in writing, and if to Tustin Municipal Employees Association, shall be mailed to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA 92680; and, if the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92680. Article 45. Sub|ect to State Law. Any provisions contained in this agreement to the contrary notwithstanding, the parties expressly understand and agree that City shall not Page 1~2 be required to provide any compensation, fringe, or other benefits to employees which are contrary to any provisions of State law and/or which will or may result in any limitation, disability or restriction upon the right of City to receive funds, share in funds, and/or receive other benefits from the United States of America, State of California, or any subdivision or agency of either of them or any other political' subdivision or entity. Article 46. Conclusion of Agreement. This Agreement shall contain all of the covenants, stipulations and the provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this Agreement are covered by existing Ordinances, Resolutions, policies and practices of City as well as the Personnel Rules and Regulations presently in effect. Therefore, for the life of this Agreement, City or T.M.E;A. shall not be compelled to meet and confer concerning any mandatory bargaining or 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 parties. Article 47. No Chanqe of Benefits. During the term of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. Article 48. Contract Bar. The recognition rights of Tustin municipal Employees Association shall not be subject to challenge for a period of not less than twelve (12) months following the date of recognition or until the expiration of this Memorandum of Understanding, whichever is later; provided that recognition rights may be challenged between one hundred and twenty (120) and one hundred and fifty (150) days prior to the expiration of the Memorandum of Understanding and that no Memorandum of Understanding shall be construed to be a bar for a period of more than three (3) years. Existing Memorandums of Understanding shall remain in effect even when the recognition rights of employee organizations are changed in accordance with the provisions of this section. Article 49. Meetings. , T.M.E.A. shall be entitled to two (2) Citywide membership meetings each calendar year. These meetings are in addition to the Memorandum of Understanding ratification meeting allowed T.M.E.A.T.M.E.A. shall provide a minimum of two (2) weeks advance notice to the City of such meetings. Employees will be allowed up to one (1) hour of release time to attend each such meeting. ,, Employees who are invited by the City to attend meetings during working hours that are designed to promote effective communication and cooperation between the City and TMEA shall receive paid release time for their attendance. Article 50. Reopener The City or Association reserve the right to reopen the meet and confer process to address issues within the scope of representation relevant to the assignment of duties in the Cross Connection Control Program. Article 51. Term of Agreement. The term of this agreement shall be from the date of its execution to and including December 31, 2000. IN WITNESS WHEREOF, the parties hereto have executed this document this / o ,~4 day of ,,,~ J,,. ,1999 CITY OF TUSTIN BY William A. Huston City Manager TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Coleen Reda, ' randtl Board Member , I~thy Bi~r, Board Member .' Attachment A GRIEVANCE PROCEDURE January 1999 I. ESTABLISHMENT These procedures are established to provide for the resolution of grievances of employees, employee representatives and management. II. 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 Mem°randum of Understanding, Personnel Rules and Regulations or other agreements between the City and employee organization. (2) Position classification. I!1. DEFINITIONS (1) Grievance: An expressed claim that there has been a violation, misinterpretation, or misapplication of a provision of the Personnel Rules and Regulati..ons 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 between 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 v.alidity of a grievance is determined and resolution effected. (4) Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s). IV. PROCEDURE 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 · V. 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. if the grievant is an employee, he/she shall submit the grievance form to his/her immediate supervisor, provided that if the employee suspects or has proof that a federal or state law is being violated or is about to be violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by management and grievances submitted by employee organization representatives that involve issues potentially impacting the organization's rights or membership as a whole shall be filed at Step 3. Step 2. If the grievance is not satisfactorily resolved in Step i, the grievant may, within ten (10) calendar days after receipt of the supervisor's response, submit the grievance to his/her Department Head. After receipt of the grievance, the Department Head will meet with the grievant and make such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the Department Head shall inform the grievant of his/her decision. Step 3. If the grievance is not satisfactorily resolved in Step 2, or in the case of management and employee organization grievances, the grievant may submit the grievance to the City Manager. Employee grievances are to be 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 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) 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. (2) 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 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) An employee or management 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. VI. 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. S:\Personnel\MOU\99GrievanceProcedure.doc II Attachment B HEARINGS AND APPEALS PROCEDURE January 1999 PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS A, g. Ce Do 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. Procedure for Pre-disciplinary Hearings. Notice of a proposed disciplinary action shall 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 right to appeal. 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. 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. E. Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s). APPEALS PROCEDURE Ao Bo Co If a timely appeal is filed as provided in the GRIEVANCE PROCEDURE or PRE- DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS the City Manager may hear the appeal or appoint any City management/supervisory employee or arbiter to hear the appeal. An "arbiter" is a person with experience acting as a hearing officer on public employment issues. Any heating conducted by an arbiter shall not be considered ar/arbitration as defined in Civil Code Section 1281.6 In the event that the employee organization requests that an arbiter hear the appeal, such a request will 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 the City. The panel shall be used for all hearings conducted during the term of this agreement unless changed by mutual agreement 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 with the first arbiter placed in the number 3 position. D. 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. E. Within ten (10) days of the receipt of the heating officer's report or the conclusion of the heating 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. III. 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 agree to a longer or shorter period of time. g. All heatings 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. C. The heating need not be conducted in accordance with technical rules relating to evidence · and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory 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 repetfious evidence' shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The heating 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/her 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. E. 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) In the presentation of cases, the party bearing the burden of proof shall make the fa-st presentation. If witnesses are called, the opposing party shall have the tight to cross-examine the witnesses on any matter relevant to the issues, even though that matter was not covered on direct examination. ' (3) The parties may then, in order, respectively offer rebutting evidence only, unless B-2 Fo Go Ho the hearing officer for good reason, permits them to offer evidence upon their original case; (4) Closing arguments and written briefs shall be permitted. (5) 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 heating 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 with the City Manager, with a copy sent to the appellant and the Personnel Officer. The City Manager, in his/her sole discretion, may hear limited oral argu~, ents 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 heating officer other than the City Manager, within ten (10) days of the receipt of the heating 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. If the City manager chooses to have the appeal heard by an arbiter the City shall bear the cost of the hearing up to a maximum of $1,000.00; any excess cost will be shared equally by the City and appellant. If the employee organization requested that an arbiter be appointed to hear the appeal the organization shall pay the cost of the hearing up to a maximum of $1,000.00; any excess cost will be shared equally by the City and 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. 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. B-3 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. hear-appeals-pro99-fm B-4