HomeMy WebLinkAbout12 TPOA MOU 03-02-98NO. 12
3-2-98
DATE'
FEBRUARY 25, 1998
Inter-Com
TO:
FROM:
suBjECT:
WILLIAM A. HUSTON
PERSONNEL SERVICES
TPOA MEMORANDUM OF UNDERSTANDING
SUMMARY' AUTHORIZE THE CiTY MANAGER TO SIGN THE MEMORANDUM
OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICER'S ASSOCIATION
EFFECTIVE JANUARY 2, 1998 TO DECEMBER 31, 1998.
RECOMMENDATION:
That the City Council authorize the City Manager to sign the Memorandum of
Understanding between the City and the Tustin Police Officer's Association, non-
management employees. This is a one-year agreement ending December 31, 1998.
FISCAL IMPACT:
The cost of the salary increase granted to Police Officers is approximately $105,060
per year, plus an additional amount for roll-up costs. Additional language changes to
'stand-by duty and scheduling for court appearances will add minor operating costs to
the Police Department Budget. The Gang Unit has been added as a special
assignment for which additional compensation of 2.5 percent is authorized.
BACKGROUND:
Negotiations with this unit haS been on going since December 18, 1997. The
increase given to this unit is consistent with the amount given to other employees of
the City.
Bettie Correa
Senior Personnel Analyst
BMC6:TPOAMOU.RPT
MEMORANDUM OF UNDERSTANDING
TUSTIN
POLICE OFFICERS ASSOCIATION
AND
CITY OF TUSTIN
TERM: JANUARY 1, 1998TO DECEMBER 31, 1998
TABLE OF CONTENTS
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11. '
Article 12.
Article 13
Article 14.
Article 15.
Article 16.
Article 17,
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Article 28~
Article 29.
Article 30.
Article 31.
Article 32.
Article 33.
Article 34.
Article 35.
Article 36.
Article 37.
Article 38.
Article 39.
Article 40.
Article 41.
Recognition · . ........................ 1
Cost of Living Adjustment ............................. 1
Retirement Plan ................. 1
Bereavement Leave
Bilingual Compensation ................................ 2
Retirement Plan Amendments ........................... 2
General Leave ..................................... 2
Uniform Allowance . .~ ................................ 3
Standby Duty .............. . . .. 3
Call-Back Duty ' ... ................... 3
Deferred Compensation ............................... 3
Court Pay Provisions ................................. 3
Overtime Compensation .............................. 4
Employee Life Insurance ............... 4
Flexible Benefits Plan ............................ · .... 4
Educational Incentive Pay ............................. 5
Tuition Reimbursement ........................... ' .... 6
Holidays .................... , ..................... 6
Management Rights Clause ............................ 7
Scope of Renegotiation at Conclusion of Contract ............. 8
Administrative Regulations ..... ~ .................... ' ..... 8
ApplicatiOn of Agreement .............................. 8
Gender ........................... 8
Retiree's Health Insurance ............................... 8
· . , . , 9
Severability ..................................
Binding on Successors ' . ............. 9
Ratification ................. ' ....... 9
Amendments ...................................... 9
Notices ................................ .. 9
Term of Agreement .................... ' .............. 9
Conclusion of Agreement . . .. ............. 9
No Change of Benefits ............................... 10
Performance Evaluations .............................. 10
10
Probationary Period .................................
Career Officer Program ............. ................. 10
Long-Term Disability (LTD) Plan ........................ 10
Special. Assignments ................... - ............ 11
Shift Differential ................................... 11
Substance Abuse Testing ............................ 11
Disciplinary Appeals ................................ 11
Work Schedules ................................... · 11
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN AND TUSTIN POLICE OFFICERS ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code
Sections 3500 et.seq, and Section 17 of the Personnel Rules and Regulations of the
City of Tustin, the City's representatives have met and conferred in good faith with
the representatives of the Tustin Police Officers Association pertaining to the subject
of wages, benefits and conditions of employment for the non-administrative and non-
management police employees of City; and
WHEREAS, the meeting between Tustin Police Officers and the City representatives
has resulted in an agreement and understanding to recommend that the employees
represented by the Tustin Police Officers Association accept all of the terms and
conditions as set forth herein and that the City representatives recommend to the City
Council that it adopt by resolution or resolutions the changes and additions to the
wages, hours and conditions of emplOyment for the non-administrative and non-
management police officers of City set forth herein.
WITNESSETH
Article 1. Recoqnition The City has previously recognized Tustin Police Officers
Association as the majority representative of all. non-administrative and non-
management police employees of City for the purpose of representation on issues of
wages, hours and other terms and conditions of. employment. The non-administrative
and non-management employees represented by the Association are the Police Recruit
and Police Officer classifications.. As majority representative, the Tustin Police
Officers Association is empowered to act on behalf of all non-administrative and non-
management police empl°yees of City, whether or not they are individually members
of the Tustin Police Officers Association. The Classifications covered by this
agreement are Police Recruit and Police Officer.
Article 2. Cost of Living Adjustment
Effective on January 2, 1998 the salary ranges for Police Recruit and Police Officer
shall be as listed in Attachment A.
Article 3. Retirement Plan The City shall continue to "pick up" and pay on behalf of
each employee the employee's required' contribution to the Public Employees
Retirement System (PERS) in the amount equal to nine percent (9%) of the
employee's "compensation earnable".
Employees serving, in a Classification covered by this Agreement shall have a vested
right t° receive all of the retirement benefits entitled them as of the effective date of
this Agreement.
Page 2
Article 4. Bereavement Leave The City shall allow up to three (3) days with pay for
the purpose of bereavement leave for all non-administrative and non-management
police employees of the City in the event of a death in the immediate family.
"Immediate Family" shall be defined as including the spouse, mother, father, brother,
'sister, child, grandparent, and grandchild of the employee or the employee's spouse.
Article 5. Bilingual Compensation
The City shall-pay seventy-five dollars (975.00) per month to all non-administrative
and non-management police employees who can demonstrate a skill in Spanish at the
conversational level, or another language which 'the Chief of Police and City Manager
have approved as being needed in police work. In order to receive such bilingual
compensation, an employee shall make application to the Personnel Department and
satisfactorily complete a conversational fluency test in such language administered by
a qualified person. The bilingual compensation shall commence effective the start of
the next pay period following the certification of the tesl~ results and notification of
the Finance Department by the Personnel Department.
Article 6. Retirement Plan Amendments
The City's contract with the PERS will be amended to provide for the Fourth Level of
1.959 Survivor Benefit and Military Service Credit as Public Service (California
Government Code, Section 20930.3).
Article 7. General Leave
A. General Leave Accrual rates for non-administrative and non-management police
employees shall be as follows:
Years of .Service
General Leav~ Hours Per Year
0-5 160'
6-10 2O8
Over 10 248
* 168 hours for employees hired before October 1, 1993.
B. The AsSociation agrees to assign two representatives to a City' Committee
which will review the General Leave Program. The Committee will be responsible for
identifying and.developing recommendations to address issues of concern regarding
the program. Such recommendations will be submitted to the City Manager and
Association prior to July 1, 1998. The meet and confer process will then-be reopened
MOU:98MOU.POA
Page 3
to discuss City and/or Association proposals related to the General Leave Program.
Article 8. Uniform Allowance The City will provide a uniform allowance of one
hundred and sixty-two dollars and fifty cents ($1 62.50) semi-annually, as well as pay
for special motor officer gear and officer public safety leather gear.
Article 9. Standby Duty. Standby duty for other than court appearances shall be
compensated at the rate of two (2) hours straight time for each eight (8) hours
required, including holidays. Standby duty for scheduled court appearances on behalf
of the City shall be compensated at a rate of two (2) hours straight time for morning
(a.m. hours) appearances and two (2) hours straight time for afternoon (p.m. hours)
appearances.
If a scheduled stand by is canceled and the employee is not advised of the
cancellation before 6:00 p.m. on the day prior to the subpoena date, the employee
shall receive two hours of standby pay. A reasonable effort by the employer (e.g.
phOne call) to notify the employee prior to 6:00 p.m. on the day prior, will negate the
two hours of standby pay. Employees who are scheduled for standby shall advise the
department of a telephone number where they can be either reached or a message can
be left to advise them of a cancellation.
If an employee is on standby and the standby status is canceled the employee will still
receiVe the full amount of standby pay appropriate for the time frame involved.
Article 10. Call-Back Duty In addition to Standby compensation, if' any, officers shall
receive a minimum of two (2) hours overtime compensation at time and one-half for
any call which required them to return to duty.
Article 11. Deferred Compensation The City shall contribute 937.00 per pay period,
per employee, to .a deferred compensation program or vehicle currently offered by the
City. It is the responsibility of all employees to complete the necessary paperwork
and take all required steps to enroll in the program. Should employees fail to enroll,
the City is under no obligation to make retroactive contributions on behalf of said
employee or employees. Employees hired into the bargaining unit shall be provided
with a notification of the deferred compensation program, including the amount of
employer contributions, during employee orientation.
Article 12. Court Pay Provisions The City shall pay actual time spent in court at a
rate of time and one-half to employees who are required to appear in court on behalf
of the City during their off-duty hours subject to a minimum of two (2) hours of such
compensation for'court appearances scheduled in the morning (a.m. hours) and two
MOU:98MOU.POA
Page 4
(2) hours' of such compensation for court appearances scheduled in the afternoon
(p.m. hours).
Article 13. Overtime Compensation The City shall pay all non-administrative and non-
management sworn police employees premium pay of' time' and one-half for all
approved overtime hOurs worked in excess of (1) regularly scheduled hours 'per shift;
(2) hours worked on a day the employee is not regularly scheduled to work; or (3)
hours worked in excess of the prescribed hours during the applicable work cycle
described in Article 41 (i.e. (a) 10 hours in a' 7-day work cycle for employees on the
4/10 work schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5
work schedule; and (c) 80 hours in a 14-day work cycle for employees on the 9/80
work schedule). General leave, compensatory time and holiday hours shall., be
.regarded as hours worked in these calculations; provided however, that standby time
shall not be considered in determining entitlement to premium pay.
In lieu of receiving cash payment for overtime, an employee may elect the option of
accruing compensatory time at the rate of time and a half, and shall have a cap of
forty (40) hours placed on the accrual of compensatory time off.
The time during which an employee may take his/her compensatory time shall be
subject to approval by the appointing authority or his/her designee with due regard for
the wishes of the employee and for the needs of the service. Should this provisiOn
be found invalid by an arbitrator, court of competent jurisdiction or the Department
of Labor, the accrual of compensatory time shall cease and all accrued compensatory
time shall be paid at the employee'S current straight time rate.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of forty (40) hours or less at his/l~er straight time hourly base rate.
Article 14. Employee Life Insurance The City will provide life insurance on the life of
each regular, permanent full-time, non-administrative, non-management sworn police
emploYee of the City and pay the premiums thereof. The death benefit of said police
shall be one hundred percent (100%) of the employee's base annual salary to the
nearest multiple of $1,000.00. The City shall also make available, at the employee's
option, a supplemental life insurance policy; the death benefit of which shall be
$18,000.00. The premium of said supplemental policy shall be paid by the employee.
Article 15. Flexible Benefits Plan The Flexible Benefits Plan will be as follows:
Flexible Benefits ContribUtion per month per eligible employee effective through
12/31/98.
Employee Only
Employee + 1
Employee + 2 or more
MOU:OSMOU.POA
Page 5
Dependent
Dependents
$3OO $4OO $50O
Be
The Flexible Benefits contribution consists of mandatory and discretionary
allocations which may be applied to City sponsored pro.grams. Employees are
required to take employee only dental insurance with premiums to be paid out
of their contribution and $16.00 of the contribution constitutes the City
payment towards retiree medical insurance. Employees may 'allocate the
remaining amount among the following City sponsored programs:
·
·
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.
C,,
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Employees who do not take medical insurance through the program offered by
the City' shall receive 8120.00 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 comparaSle to coverage available through the City program·
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 16. Educational Incentive Pay The City shall provide educational incentive pay
as an incentive for employees to improve their level of education in relevant fields
beyond the eXpected level for their position.
Degree in Related Field
Police Officer
Mou:gsMou.POA
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AA Degree or its equivalent
Bachelor's Degree
$125/mo.
$250/mo.
An equivalent to an A.A. Degree shall include continuing active enrollment 'in a
Bachelor's curriculum with over half the course work completed.- A reasonable
interpretation of the related nature of the degree fields shall be made by the Personnel
Director.
Article 17. 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 by the City of
tuition for professional and technical courses subject to the following conditions and
related Council Policy 'statements:
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Department Head and City Manager approval must be obtained before
enrollment in the course.
Reimbursement shall be made of tuition fees, textbooks, lab fees, or
required supplies, upon completion of the course with a satisfactory
grade and after the completion of the initial probationary period.
Tuition reimbursement shall not be ma'de if the employee is drawing
veteran's education benefits or any other reimbursement for the same
course.
Reimbursement for up to five hundred dollars ($500.00) in any calendar
year 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.
Article 18. Holidays The following shall be paid holidays for ali full-time regular and
probationary employees in permanent positions.
January 1
Third Monday in February
Last Monday in May
'July 4
.First Monday in September
November 11
The Thursday in November
designated by the President or
Governor as Thanksgiving Day
The day following the Thursday in
November designated as Thanksgiving
Day
Day before the Christmas
New Year's Day
washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
MOU:98MOU.POA
Day Holiday
December 25
Day before the New Year's
Day Holiday
Christmas Holiday Eve
Christmas Day
New Year's Holiday Eve
Page 7
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.
On December I of each year, a regular or promotional probationary employee may
designate any portion of his/her holiday credit for the following year which he/she
would like to be paid for in lieu of having time off. This notification shall be in writing
and is irrevocable. Payment for the holiday time shall be made in January of each
year. In the event that an employee separates from service and has used and/or been
paid for holidays in excess of the pro-rata earned hours per month, the employee shall
reimburse the City for the overage.
For. each designated holiday not cashed out full-time regular and probationary Police
personnel on shifts will receive General Leave at the rate of eight (8) hours for each
holiday. Full-time regular and probationary Police personnel not assigned to shifts will
receive General Leave at the rate of eight (8) hours for each holiday or equivalent paid
time off. If a non-shift employee's scheduled day off' falls on the day of the holiday,
he/she shall be credited with General Leave at the rate of eight (8) hours for each
holiday. It is permissible for a non-patrol officer to work at his/her regular assignment
on a holiday for which he/she has been paid if she/he elects to do so. However, the
department maintains the right to assign officers to any function when extraordinary
circumstances arise.
If the .number of regularly scheduled paid hours in a work period is less than that
prescribed in Article 41, the employee may use accrued compensatory time or general
leave to ensure that the prescribed hours will be paid in that period.
Article 19. Management Rights Clause Except as otherwise specifically provided in
this memorandum, the Personnel Rules & Regulations and Departmental Regulations,
and amendments and revisions thereto, will remain in force and effect, whether
exercised or not, and they are the sole and exclusive right and functions .of
management including, but not limited to:
The right to contract or subcontract construction, services, maintenance,
distribution or any other work with outside public or private entities.
The right to suspend provisions of this agreement in the event of, and for the
duration of,'an emergency as determined by the City Council, and/or by county,
MOU:98MOU.POA
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State or Federal action upon notification to the association regarding the nature
and expected duration of the emergency.
The right to determine staffing and to direct the work force, including the right
to hire, promote, demote, evaluate, transfer, lay-off or discharge any employee.
The right to take such further action as may' be necessary to organize and
operate the City in the most efficient and economical manner to serve the
public interest.
Nothing contained herein shall be construed as a waiver by the Tustin Police Officers
Association of any right to meet and confer and/or represent its members pursuant
to the Meyer-Milias-Brown Act on any other applicable State or Federal law.
.Article 20. Scope of Renegotiation at ConClusion of Contract All provisions of this
agreement and other conditions of employment appropriate to the meet and confer
process shall be subject to renegotiation at the conclusion of the contract period and
may thereafter be included in the meet and confer process at the request of either
party.
Article 21. Administrative Regulations The City Manager may issue written
administrative personnel regUlations designed to augment or clarify the provisions of
this memorandum. "
Article 22. 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
Police Officers Association, and that this memorandum covers only said employees.
· It is not solely limited to the members of the Tustin Police Officers Association.
Article 23. 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 24. 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 916.00 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 25. Severabilitv If any part of this memorandum is rendered or declared
invalid by reason 'of any existing or subsequently-enacted legislation, governmental
MOU:98MOU.POA
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regulation or order or decree of court, the invalidation of 'such part of this
memorandum shall not render invalid the remaining part hereof.
Article 26. Binding on Successors This memorandum shall be binding on the
successors and assigns of the parties hereto and no provisions, terms or obligations
herein contained shall be affected or changed in any. way whatsoever by the
consolidation, merger, sale, transfer or assignment of either party hereto.
Article 27. Ratification This memorandum contains all l~he terms and conditions
agreed to between the parties. This memorandum shall be of no force or effect unless
or until duly approved adopted, ratified, and agreed to by the City Council of City, or
in the alternative, that all of the substantive provisions contained herein are adopted
by resolution of the City Council.
Article 28. Amendments This memorandum can be altered or amended only' by
written agreement between the parties hereto.
Article 29. Notices Notices hereunder shall be in writing and, if to Tustin Police
Officers Association, shall be mailed to President, Tustin Police Officers Association,
Post Office Box 1516, Tustin, C-a 92780; and, 'if to City, shall be mailed to City
Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 30.'Term of Agreement This Agreement shall be and remain in effect from
January 1, 1998 to and including December 31, 1998. All provisions set forth herein
shall be effective, as to non-administrative and non-management sworn police
employees of the Tustin Police Department as of January 1, 1998, unless otherwise
specifically provided.
Article 31. Conclusion of Agreement This agreement shall conl~ain all of the
covenants, stipulations and the provisions agreed upon by the parties. It is
understood that all items relating to employee wages,, hours and other terms and
conditions of employment not covered in this agreement are covered by existing
ordinances, resolutions, policies and practices of the City as well as the Personnel
Rules & Regulations presently in effect. Therefore, for the life of this agreement,
neither the City or Tustin Police Officers Association shall be compelled to meet and
confer concerning any mandatory bargaining or ~eet and confer issue, whether
specifically met and conferred about prior to the conclusion of this agreement or
which may have been omitted in the meeting and conferring which led up to the
conclusion of this agreement, except by mutual agreement of the parties.
Article 32. No Change of Benefits During the life of this agreement there shall be no
change of benefi'ts or privileges contained in existing resolutions and rules not
MOU:98MOU.POA
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specifically revised by the provisions of this agreement, except after.compliance with
applicable laws.
Article 33. performance Evaluations An employee may not appeal or grieve a
performance evaluation unless said evaluation results in the denial of a merit increase.
Nothing herein shall serve to restrict an 'employee from having a written rebuttal
attached to a performance evaluation with which the employee disagrees.
Article 34. Probationary-Period Resolution No. 88-103, Section 7, is modified to
include a probationary period of not less than eighteen (18) months for new hire police
officers. This extended probation period shall not affect an employee's entitlement
to periodic merit increases (Resolution No. 88-103, Section 5 (E)).
Article 35. Career Officer Program Officers qualifying under the Career Officer
Program as outlined in the Police Department General Order Manual shall be eligible
for additional compensation in accordance with the following'
Level
Increase in Base Salary
Senior Officer I
Senior Officer !1
Master Officer
2.5%
4.5%
6.5%
Article 36. Lonq-Term Disability (LTD) Plan
..
A. The Long~Term Disability Insurance Plan 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.
Ce
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.
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The Association reserves the right to elect coverage under an LTD Plan other
than the one available through the City. it is understood that proof of coverage
is to be submitted to the City and eligibility for City benefits Provided in B and
C of this Article is conditioned upon the City's receipt of proof of disability.
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Article 37. Special Assignments Except as indicated, employees assigned and
engaged in the performance of work that constitutes the following special
assignments shall receive, in addition to their regular compensation, premium pay in
the amount of two and one half percent (2 1/2%) of base salary provided that at no
time may an employee receive more than one (1) special assignment pay premium.
Area Resource Officer
Community Resources Officer
Investigator
DARE Officer
Gang Unit Officers
Field Training Officer
K-9 Officer
Motor Officer
Personnel and Training Officer
The City has the absolute discretion regarding the assignment and reassignment of
employees to special assignments. Any such assignment is not vested and may be
revoked at any time without cause, and without any right to challenge such action
Pursuant to the City's grievance or appeal procedure or pursuant to Section 3304(b)
of the California Government Code.
Article 38. Shift Differential Employees whose regular shift is the graveyard shift
(shift begins at 6:00 p.m and ends at 6:00 a.m. the following day) shall receive
~50.00 per month for each month worked on said shift. This differential is designed
to compensate the employee for the inconvenience of working this particular shift.
Article 39. Substance Abuse Testinq The City and T.P.O.A. agree to meet and
discuss substance abuse testing during the term of the M.O.U. Absent mutual
agreement of the parties, no such testing may be irfiplemented.
Article 40. Disciplinary Appeals Resolution No. 88-103, Sections 12 (C) and (D), is
superseded by the "Third Party Advisory Process for Disciplinary Appeals" attached
as Exhibit B.
Article 41. Work Schedules
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Department work schedules include the 4/10 work schedule; (in a 7-day work
cycle the employee works four 10-hour days where the scheduled work shift
commences and ends at the same time each day, with three consecutive days
off) and the 3/12.5 work schedule, (in a 28-day work cycle the employee
works three 12.5 hour days where the scheduled work shift commences and
ends at the same time each day, with 4 consecutive days off, in each seven (7)
calendar day period, except that the employee must work one additional 10-
hour shift during the work cycle) as follows:
4/10
MOU:98MOU.POA
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(1) Traffic and Investigation Divisions,
(2) Employees in special assignments [continuation of the schedule is subject
to needs of the Department, provided that if the Department desires to
discontinue that work schedule, the employee will revert to the 9/80 work
schedule (in a 14-day work cycle the employee works eight 9-hour days where
the scheduled work shift commences and ends at the same time each day, and
one eight-hour work day, with one period of 3 consecutive days off and one
period of two consecutive days off.) or some other schedule upon mutual
agreement of the Department and. employee].
3/12.5
Patrol
B,
Employees assigned to special task forces or regional teams will work the hours
that the team works.
Gl
The Department shall continue the present practices of (1) rotating shift
assignments on a regular basis at 6-month intervals; (2) allowing employees to
sign up for and select shift assignments based on seniority; and (3) limiting an
employee to 12 consecutive months on any shift assignment.
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Any employee's work schedule may be temporarily changed to accommodate
training assignments which are eight (8) or more hours in duration.
In witness whereof, the parties hereto have executed..this document this
day of , __.
City of Tustin
Tustin Police Officers Associatior~
William A. Huston
City Manager
Gordon Margulies, President
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Exhibit B
THIRD PARTY ADVISORY PROCESS FOR DISCIPLINARY APPEALS
Disciplinary. actions which may move beyond the Department Head's decision include the actions
of termination, suspension, reduction of salary and demotion. The "third party" advisory
process iSthe step between the Department Head's action and the City Manager's final decision.
In the Department Head's notice of final disciplinary action (which should be served by
registered mail or personal delivery) shall be a statement which clearly informs the employee
that he/she has the right, within 10 working days after receipt of the response, to request the
next level of appeal. The day the employee receives the Department Head's final notice shall
not count as one of the 10 days.
The employee's request for the next level of appeal must be addressed to the Senior Personnel
Analyst and received in the Personnel Office so that same is date stamped by the Personnel
Office within the 10-day period.
If, within the 10-day appeal period, the employee involved does not file said appeal, unless good
cause for the failure is. shown, the action of the Department Head shall be considered conclusive
and shall take effect as prescribed. If within the 10-day appeal period, the employee involved
files such 'notice of appeal by giving written notice of appeal to the Senior Personnel Analyst,
an appeal.hearing shall be established as follows:
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If a single third party hearing officer cannot be agreed upon by the Administrative
Services Director and the employee's representative (or employee alone if
unrepresented), the American Arbitration'Association shall be requested to submit a list
of 7 persons qualified to act as arbiters to the City and employee. Within 10 days
following receipt of the list of arbiters, the parties shall meet to select the arbiter. The
parties shall alternately strike 1 name from the list of arbiters (the right to strike the first
name to be determined by lot) until 1 name remains, and that person shall be the arbiter.
Where practicable, the date for the hearing shall not be less than 20 days, nor more than
60 days, from the date of the filing of the appea! with the Administrative Services
Director. The parties may stipulate to a longer or shorter period of time in which to hear
the appeal. All interested parties shall be notified in writing of the date, time, and place
of hearing.
All hearings shall be private provided, however, that the arbiter shall at the request of
the employee, open the hearing to the public.
De
Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the
request of either party, not less than 5 working day.s, prior to the commencement of such
hearing. After the commencement of such hearing, subpoenas shall be issued only at the
discretion oi' the arbiter.
E. The hearing need not be conducted in accordance with technical rules relating to evidence
Third Party Advisory Process for Disciplinary Appeals Page 2
and witnesses. Any relevant evidence shall be admitted if itis the sort of evidence on
which reasonable persons are accustomed to rely in the conduct of serious' affairs,
regardless of the existence of any common law or statutory rules which might make
improper the admission of such evidence over objection in civil actions. Hearsay
evidence may be used 'for the purpose of supplementing or explaining any direct evidence
but shall not be sufficient in itself to support a finding unless it would be admissible over
objection in civil actions. The rules of privilege shall be effective to the same extent that
they are now or hereafter may be recognized in civil and criminal actions, and irrelevant
and unduly repetitious evidence shall be excluded. The arbiter shall not be bound by
technical rules of evidence. The arbiter shall rule on the admission Or exclusion of
evidence.
Each party shall have these rights: To be represented by legal counsel or other person
of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine
opposing witnesses or any matter relevant to the issues even though that matter was not
covered in the direct examination; to impeach any witness regardless of which party first
called him/her to testify; and to rebut the evidence against him/her. If the respondent
does not testify in his/her own behalf, he/she may be called and examined as if under
cross-examination. Oral evidence shall be taken only on oath or affirmation. A court
reporter will be engaged to record the hearing, unless the parties (City, arbiter,
employee/employee representative) mutually agree that same is not necessary.
The hearing shall proceed in the following order, unless the arbiter, for special reason,
otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
0
The party imposing disciplinary action shall produce the evidence on his/her part;
the City bears the burden of proof and burden of producing evidence;
e
The party appealing from such disciplinary action may then open his/her defense
and offer his/her evidence in support thereof; the employee bears the burden of
proof and the burden of producing evidence 'for any affirmative defenses asserted;
Se
The parties may then, in order, respectively offer rebutting evidence only, unless
the arbiter for good reason, permits them to offer evidence upon their original
case,
e
Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
MOU:DISCAPPL.PO, 8~88
Tldrd Party Advisory Process for Disciplinary Appeals
Page 3
H.
The arbiter shall determine relevancy, weight, and credibility of testimony and evidence.
He/she shall base his/her findings on the preponderance of evidence. During the
examination of a witness, all other witnesses,-except the parties, shall be excluded from
the hearing unless the arbiter, in his/her discretion, for good cause, otherwise directs.
No still photographs, moving pictures, or television pictures shall be taken in the hearing
chamber during a hearing. The arbiter, prior to or during a hearing, may grant a
continuance for any'reasons he/she believes to be important to.reaching a fair and proper
decision. The arbiter shall render his/her judgement as soon after the conclusion of the
hearing as possible and in no event later than 30 days after conducting a hearing.
His/her decision shall set forth findings of fact and conclusions. The opinion shall be
advisory only.
The arbiter may recommend sustaining or rejecting any or all of the charges filed against
the employee. He/she may recommend sustaining, rejecting or modifying the disciplinary
action invoked against the employee. He/she may not recommend for discipline more
stringent than that invoked by the Department Head.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a
copy sent to the charged employee, and the Senior Personnel Analyst and shall set forth
his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not
the arbiter's recommendation, the opinion shall set forth the recommended date the
employee is recommended to be reinstated and/or other recommended action. The
reinstatement date, if appropriate, may be any time on or after the date of disciplinary
action.
J.
Within 30 days of the receipt of the arbiter's findings and recommendations, and
transcript (which is optional only in certain cases), whichever date is later, the City
Manager shall adopt, amend, modify or reject the recommended findings, conclusions,
and/or opinions of the arbiter. Prior to making a decision which modifies or rejects the
recommendation, of the arbitrator, the City Manager shall order and read the transcript
of the Third Party Advisory Process. Prior to making a decision which supports the
arbiter, the City Manager may order and read the..subject transcript, at his/her option,
allow limited oral arguments and/or may request and review written statements from
either side. The decision of the City Manager shall be final and conclusive. Copies of
the City Manager's decision, including the arbiter's recommendation(s) shall be filed
where appropriate, including the employee's personnel file, unless no discipline is upheld
by the City Manager. Each party shall bear equally the cost of facilities, fees and
expenses of the arbiter, including the court reporter and transcripts. If the City Manager
orders a transcript for his/her review, the City shall bear the cost of providing.the
transcript. Each party shall bear its own witness and attorney fees. If either party
unilaterally cancels or postpones a scheduled arbitration, thereby resulting in a fee
charged by 'the arbiter or court reporter, then the party responsible for the cancellation
MOU: DIScAPPL.PO, 8/88
Third Party Advisor~ Process for Disciplinary Appeals
Page 4.
or postponement shall be solely responsible for payment of that fee. This process shall
not apply to mutual settlements by the parties which result in an arbitration fee'.
re
In the Case of suspension, demotion, reduction in salary, or dismissal prescribed by the
City Manager, the time of such suspension, demotion or dismissal shall be effective from
the first day after such delivery of said decision or Shall relate back to be effective as of
the date the employee was. suspended from duty pending hearing before and decision by
the City Manager, whichever is applicable. If discipline imposed resulted in loss of pay,
the pay loss shall' be restored to the employee based on the number of standard work
hours lost computed at his/her then base hourly rate. The provisions of Section 1094.6
of the Code of Civil Procedure shall be applicable to proceedings under this Section.
MOU:DISCAPPL.PO, 8/88