HomeMy WebLinkAbout13 TPMA MOU 03-02-98NO. 13
3-2-98
DATE:
FEBRUARY 25, 1998
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON
PERSONNEL SERVICES
TPOA-IVlANAGEMENT UNIT MEMIORANDUM OF UNDERSTANDING
SUMMARY: AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM
OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICER'S'ASSOCIATION,,
MANAGEMENT UNIT 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,
Management Unit. This is a one-year agreement ending December 31, 1998
FISCAL IMPACT:
The cost of the salary increase granted to the Police Management Unit, consisting of
Police Sergeants and Lieutenants, is approximately $38,635 per year, plus an
additional amount for roll-up costs. Additional language changes to stand-by duty and
call-back provisions for sergeants will add minor operating costs to the Police
Department Budget.
BACKGROUND'
Negotiations with this 'unit has been on going since October 27, 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 MANAGEMENT UNIT
TUSTIN POLICE OFFICERS' ASSOCIATION
AND
CITY OF TUSTIN
TERM: JANUARY 1, 1998 TO DECEMBER 31, 1998
Article 1.
Article 2.
ArtiCle 3.
Article 4.
Article 5.
A.
B.
C.
D.
Article 6.
Article 7.
Article $.
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.
TABLE OF CONTENTS
Recognition ....................................... 1
Salary ........................... ~ ................ .1
Retirement Plan ............... : .................... 1
Retirement Survivor's Benefit .................. ' ......... 2
Paid Leave ...... . .................................. 2
General Leave
Administrative L'e~ ~ ~
· . . . . . .3
Holidays ........................ 4
Bereavement Leave ........................... .......
Uniform Allowance ................... ' ............... 4
Standby Duty .................................... . . 5
Call-Back Duty ...................................... 5
Deferred Compensation ........................... ; . . . 5
Court Pay Provisions ............................. ' ....
Overtime Compensation ............. . ................. 5
Employee Life Insurance ....... · ......... - .............. 6
Medical and Dental Insurance ........................... 6
Section 125 Program ................................ 6
Retiree's Health Insurance ............................. 7
Long-Term Disability (LTD)'Plan .................. .. ...... 7
Tuition Reimbursement ............................... 7
Performance Evaluations ..... : ........................ 8
Work ·Schedules ............................... -~ ..... 8
Probationary Rejection ................................. 9
Management Rights Clause ............................ 9
Administrative Regulations ............................. 9
Application of Agreement ............................ 10
Gender .......................................... 10
Severability ...................................... 10
Conclusion of Agreement ........... ' .................. 10
No Change of Benefits .............................. 10
SCope of Renegotiation at Conclusion of Contract ............ 10
Binding on Successors .... ' .......................... 10
Amendments .................. ". .................. 11
Notices .......................................... 11
Ratification ....................................... 11
Term of Agreement .......................... ' ....... 1'1
MEMORANDUM OF UNDERSTANDING
POLICE MANAGEMENT REPRESENTATION UNIT
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS' ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code
Sections 3500 et.seq, and Section 17 of the Personnel Rules and Regulations of the
City of Tustin, City representatives have met and conferred in good faith with the
Tustin Police Officers' Association pertaining to the wageS, hours, benefits and
conditions of employment for employees in the Police Management Representation
Unit; and
WHEREAS, the meeting between the Association and City representativeS has
resulted in an agreement and understanding to recommend that the employees
represented by the Association accept all of the terms and conditions as set forth
herein and that the City representatives recommend to the City Council that it adopt
by resolution or resolutions the changes and additions to the wages, hours and
conditions of employment for the police management employees as set forth herein.
WITNESSETH.
Article 1. Recoqnition The City has previously recognized the Tustin Police Officers'
Association' as the majority representative of 'employees in the Police Management
Representation Unit for purposes of representation on issues of wages, hours and
other terms and conditions of employment. As majority representative, the
Association is empowered to act on behalf of all employees who hold positions in
classes in the Police Management Representation Unit whether or not they are
individually members of the Tustin Police Officers' Association. The Classifications
constituting the Police Management Representation Unit are:
Police Lieutenant
Police Sergeant
Article 2. SalarY
Effective on January 2, 1998 the salary ranges applicable to the classes of Police
Sergeant and Police Lieutenant 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".
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Employees serving in a Classification covered by this Agreement shall have a vested
right to receive all of the retirement benefits entitled them as of the effective date of
this M.O.U.
Article 4. Retirement Survivor's .Benefit The City shall provide the 1959 Survivors
Benefit option of the Public Employees Retirement System for employees, at employee
cost. if there is no cost to the City, the City's contract with the PERS will be
amended to provide for the Fourth Level. of 1959 Survivor Benefit.
Article 5. Paid Leave
A. General Leave
I ·
Each employee accrues general leave in accordance with the following·
Periods of Service .
6 months to I year
1-5 years
6-10 ....
Over 10""
General Leave Hours Per Year
26.67.hours per month
160'
208
248
* 168 hours for employees hired before October 1, 1993
.
The Police Chief may annually grant an additional eight (8) hours of
general leave to each employee whose work performance is satisfactory.
·
In April of any given year an employee' may request that he/she be paid
for a maximum of forty (40) hours of general leave, eighty (80) hours if
the employee has six (6) or more years of City service. The employee
shall receive payment for the requested hours in the following month of
May.
.
Personnel Rules and Regulations. City resolution #88-103, shall be
amended as follows:
SECTION 8. ATTENDANCE & LEAVES, E. General Leave
(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 notices and reasonable
time and opportunity to use the accumulated general leave thereafter.
If Unusual departmental staffing requirements prevent the
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B.
Ce
Page 3
accommodation of an employee's reasonable requests to use general
leave an extension of time to use general leave prior to the cessation of
accrual may be granted.
.
Notwithstanding the above, for the period dating from 1-1-98 to 6-30-98
employees will be permitted to accumulate general leave in excess of the
two year maximum accumulation provided that any leave in excess of
the maximum must be used before 7-1-98. This provision shall be
extended for the remainder of the Year 1998 if there is no agreement on
a modified general leave program, after the completion of meet and
confer sessions initiated pursuant to 6. of this Article.
o
The Association agrees to participate in a City Committee that 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, i998.
The meet and confer process will then be reopened to discuss City
and/or Association proposals related to the General Leave Program.
Administrative Leave
Employees shall receive an annual credit of forty (40) hours of administrative
'leave which may be used only as paid time off during the year in which it is
credited. Subject to guidelines established by the City Manager, the Police
Chief may grant up to an additional forty (40) hours.
Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thursday in November designated
as Thanksgiving Day
Day after Thanksgiving Day
Afternoon before the Christmas
Day Holiday'
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
..
Christmas Holiday Eve
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December 25
Afternoon before the New Year's
Day Holiday
Christmas Day
New Year's Holiday Eve
When a holiday occurs on a Sunday, the following Monday will be observed
instead. When a holiday occurs on a Saturday, the preceding Friday will be
observed instead.
For the designated holidays, employees-are eligible for eight (8) hours of paid
time off for each full day and four (4) hours for each of the two (2) afternoon
holidays. Unless operational needs, as determined by the Police Chief, require
that the time be taken at some 'other date the time off will be taken on the
scheduled holiday.
If the holiday hours paid on a holiday or substituted day off are less than the
employee's regularly scheduled hours the employee may use accrued
compensatory time or general leave to ensure that hours paid will be the same
as would regularly be paid for the day.
On December I of ea'ch year, an employee may designate any portion of his.
holiday credit for the following year which he would like to be paid for in lieu
of having time off. This notification shall be in writing and is irrevocable.
Payment for the holiday time shall be made in January of each year. in the
event, that an employee separates from service and has used and/or been paid
for holidays in excess of the pro-rata earned hours per month, the employee
shall reimburse the City for the, overage.
For each designated holiday not cashed out the employee will receive General
Leave at the rate Of eight (8) hours for each full hOliday and four (4) hours for
each half holiday.
D. Bereavement Leave
The City shall allow up to three (3) days with pay for the purpose of
bereavement leave in the event of a death in the employee's immediate family.
"Immediate Family" shall be defined as including the spouse, mother, father,
brother, sister, child, grandparent, and grandchild of the employee or the
employee's spouse. .
'.
Article 6. Uniform Allowance Employees will be paid a uniform allowance of
$325.00 per year. Special motor officer gear and officer public safety leather gear
required by the department will be provided.
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Article 7. Standby Duty Police Sergeants shall be compensated for standby duty for
other than court appearances at the rate of two (2) hours straight time for each.eight
(8) hours required, including holidays. Standby duty for scheduled court appearances
on behalf of the City shall be compensated at. a rate Of two (2) hours straight time for
morning (a.m. hours) appearances and two (2) hours straight time for afternoon (p.m.
hours) appearances.
if a scheduled standby is canceled and the employee is not advised of the cancellation
before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive
two hours of standby pay. A reasonable effort by the employer (e.g. phone call) to
notify the employee prior to 6:00 p.m. on the day prior, will negate the two hours of
standby pay. Employees who are scheduled for standby shall advise the department
of a telephone number where they can be either reached or a meSsage can be left to
advise them of a cancellation.
If an employee is on standby and the standby status is canceled the employee will still
receive the full amount of standby pay appropriate for the time frame involved.
Article 8. Call-Back Duty In addition to standby compensation, if any, Police
Sergeants shall receive a minimum of two (2) hours overtime paid at a time and one-
half rate for any call which required them to return to duty that does not involve a
court appearance.
Article 9. Deferred Compensation The City's contribution to a deferred compensation
program or vehicle currently offered by the City shall be 2.5% of the employee's base
salary, it is the responsibility of employees to complete the necessary paperwork and
take required steps to enroll in the program. Should employees fail to enroll, the City
is under no obligation to make retroactive contributions on behalf of said employee or
employees. Employees hired into the representation unit shall be provided with a
notification of the deferred compensation program, including the amount of employer
contributions, during employee orientation.
Article 10. Court Pay Provisions Police Sergeants shall be paid at a time and one-half
rate for time spent in required court appearances involving City business that occur
during the Sergeant's off-duty hours. A minimum of two (2) hours of such
compensation will be paid for court appearances scheduled in the morning (a.m.
· hours) and/or two (2) hours for court appearances scheduled in the afternoon (p.m.
hours).
Article 11. Overtime Compensation The City shall pay Police Sergeants time and
one-half for all approved overtime hours worked in excess of; (1) regularly scheduled
hours per shift; (2)' hours worked on a day the employee is not regularly scheduled to
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work; or (3) hours worked in excess of the prescribed hours during the applicable
work cycle, (i.e. (a) 40 hours in a 7-day work cycle' for employees on the 4/10.work
schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5 work
schedule; and (C) 80 hours in a 14-day work cycle for employees on the 9/80 work .
'schedule). General leave, compensatory time and holiday hours paid shall be counted
as hours worked in these calculations.
In lieu of receiving cash payment for overtime, the employee may elect to be credited
with compensatory time at the rate of time and a half, subject to a maximum accrual
of forty (40) hours.
The time during which an employee may take compensatory time shall be subject to
approval by the appointing authority or designee with due regard for the wishes of the
employee and for needs of the service. Should this provision be found invalid by an
arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of
compensatory time shall cease and all accrued compensatory time shall be paid at the
employee's current straight time rate.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of forty (40) hours or less at his/her straight time hourly base rate.
Article ;1:2. Employee Life Insurance The City will provide life insurance on the life of
each regular, permanent full-time, employee and pay the premiums thereof. The death
benefit of said insurance shall be one hundred percent (100%) of the employee's base
annual salary to the nearest multiple of $1,000.00. The City shall also make
available, at the employee's option, a supplemental life insurance policy, the death
benefit of which shall be $18,000.00. The premium of said supplemental policy shall
be paid by the employee.
Article 13. Medical and Dental Insurance. After thirty (30) days of employment, each
'employee will be eligible for a City payment of premiums for employee selected
medical insurance under the Public Employees' Medical and Hospital Care Program and
dental insurance under plans offered through the City. Employees who do not choose
to participate in the insurance programs shall be paid $120.00 per month. As a
condition of receiving such amount, the employee must provide evidence, satisfactory
to the City, that he/she has medical insurance coverage comparable to coverage
available through the City program.
Article 14. Section 125 Program A Section 125 Program will be implemented on or
before January 1, 1994 and include such options as may be available. The Program
shall be administered through Colonial Life provided that the City retains the right to
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change administrators for cause. Participation in the Program is voluntary and such
costs as may attend participation are to be paid by the employee.
Article 15. Retiree's Health Insurance The City will contribute a maximum of
$150.00 per month towards the payment of medical insurance premiums for
employees who retire from the City of. Tustin after October 1,. 1993; ~200.00 for
employees who retire after january 1, 1994. Such contribution is supplemental to
the $16.00 per month City contribution to be made for eligible retirees under the
Public Employees' Medical and Hospital Care Act Program and subject to the same
conditions applicable to the PERS City contribution..
Article 16. Long-Term Disability (LTD) Plan
The Long-Term Disability Insurance Plan in effect as of January 1, 1998 shall
continue in full force and effect during the term of this agreement unless
changed by the mutual agreement of the City and Association.'
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 3'0 day period beginning with the 1st day of the leave.
C.
Flexible benefits will be continued for ninety days of a disability leave and such
time will be counted towards satisfying Federal FMLA and State of California
FRA requirements.
D.
The Association reserves the right to elect coverage under an LTD Plan other
than the one available through the City. It is understood that proof of coverage
is t° 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.
Article 17. Tuition Reimbursement Employees shall be encouraged to further their
academic education and training in those areas of benefit to the employee and to the
City. Full-time employees will be eligible for reimbursement by the City of tuition for
professional technical courses subject to the following conditions and related Council
Policy statements:
A. Department Head and City Manager approval must be obtained before
enrollment in the course.
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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 made if the employee is drawing veteran's
education benefits or any other reimbursement for the same course.
De
Reimbursement for up to five hundred ($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. Performance Evaluations An employee may not appeal or grieve a
performance evaluation unless said evaluation results in the denial of a merit increase.
Nothing herein shall serve to restrict an employee from having a written rebuttal
attached to a performance evaluation with which the employee disagrees.
Article 19.. Work Schedules
Department work schedules include the 4/10 work schedule; (in a 7-day work'
cycle the employee works four 10-hour days where the scheduled work shift
commences and ends at the same time each day, with three consecutive days
off) and the 3/12.5 work schedule, (in a 28-day work cycle the'employee
works three 12.5 'hour days where .the scheduled work shift commences and
ends at the same time each day, with 4 consecutive days off, in each seven (7)
calendar day period-, except that the employee must work one additional 10-
hour shift during the work cycle) as follows:
4/10 3/12.5
(1) Traffic and Investigation Divisions,
(2) Employees' in special assignments
[continuation of the schedule is
subject to needs of the Department,
provided t.hat 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
Patrol
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of two .consecutive days off.) or some other
schedule upon mutual agreement of the
Department and employee].
Be
Employees assigned to special task forces or regional teams will wOrk the hours
that the team .works.
C.
The Department shall continue the present practices of (1) rotating shift
assignments on a regular basis at.6-month intervals; (2) allowing employees to
sign up for and select shift assignments based on seniority; and (3) limiting an
employee to 12 consecutive months on any shift assignment.
D.
Any employee's work schedule may be temporarily changed to accommodate
training assignments which are eight (8) or more hours in duration.
Article 20. Probationary Rejection A prObationary employee, rejected for failure to
meet standards or pass probation, shall not be eligible for any internal grievance or
appeal procedure pursuant to Swift vs. County of Placer..
Article 21. Manaqement Rights Clause Except as otherwise specifically provided in
this Memorandum, the Personnel Rules & Regulations and Departmental Regulations,
and amendments and revisions thereto, will remain in force and effect, whether
exercised or not, and they are the sole and exclusive right and functions of
management including, but not limited to:
The right to contract or subcontract construction, services, maintenance,
distribution or any other work with outside public or private entities.
The right to suspend provisions of this agreement in the event of, and for the
duration of, an emergency as determined by the City Council, and/or by county,
State.or Federal action upon notification to the association regarding the nature
and expected duration of the emergency.
The right to determine staffing and to direct the work force, including the right
to hire, promote, demote, evaluate, transfer, lay-off or discharge any employee.
The right to take such further action as may be necessary to organize and
operate the City in the most efficient and economical manner to serve the
public interest.
Nothing contained herein shall be construed as a waiver by the Tustin Police Officers'
Association of any right to meet and confer and/or represent its members pursuant
to the Meyer-Milias-Brown Act or any other applicable State or Federal law.
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Article 22. Administrative Regulations The City. Manager may issue written
administrative personnel regulations designed to augment or clarify the provisions of
this memorandum.
Article 23. Application of Agreement The parties agree that the. term "employee"
whenever used herein, whether singular or plural, means and applies only to those
employees of the City included within the Tustin Police Management Representation
Unit, and that this memorandum covers only said employees.
Article. 24. Gender Words used in this memorar~dum in the singular include the
plural, and the plural include the singular. Words appearing in the male gender include
the female gender and the female gender include the male gender.
Article 25. Severability if any part of this memorandum is rendered or declared
invalid by reason of any existing or subsequently-enacted legislation, governmental
regulation or order or decree of court, the invalidation of such part of this
memorandum shall not render invalid the remaining part hereof.
Article 26. Conclusion of Agreement This agreement contains all of the covenants,
stipulations and the provisions agreed upon by the parties. It is understood that all
items relating to employee wages, hours and other terms and conditions of
employment not covered in this agreement are covered by existing ordinances,
resolutions, policies and practices of the City as well as the Personnel Rules &
Regulations presently in effect. Theref°re, for the life of this agreement, neither the
~City or Tustin Police Management Association shall be compelled to meet and confer
concerning any mandatory bargaining or meet and confer issue, whether specifically
met and conferred about prior to the conclusion of this agreement or which may have
been omitted in the meeting and conferring which led up to the conclusion of this
agreement, except by mutual agreement of the parties.
Article 27. No Change of Benefits During the life of this agreement there shall be no
change of benefits or privileges contained in existing resolutions and rules not
specifically revised by the provisions of this agreement, except after compliance with
applicable laws.
Article 28. Scope of Renegotiation at Conclusion of Contract All provisions of this
agreement and other conditions of employment appropriate to the meet and confer
process shall be subject to renegotiation at the conclusion of the contract period and
may thereafter be included in the meet and confer process at the request of either.
party.
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Article 29. Binding on Successors This memorandum shall be binding on the
successors and assigns of the parties hereto and no provisions, terms or obligations
herein contained shall be affected or changed in any way whatsoever by the
consolidation, merger, sale, transfer or assignment of either party hereto.
Article 30. Amendments This memorandum can be altered or amended only by
written agreement between the parties hereto.
Article 31. Notices Notices hereunder shall be in writing and, if to the Tustin Police
Management Unit, shall be mailed to President, Tustin Police Officers' Association,
Post Office Box 1516, Tustin, Ca 92780; and, if to City, shall be mailed to City
Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 32. Ratification This memorandum shall be'of no force or effect unless or.
until duly approved, adopted, ratified, and agreed to by the City Council of City, or in
the alternative, that all of the substantive provisions contained herein are adopted by
resolution of the City Council.
Article 33. Term of Agreement All provisions set forth herein shall be effective as
of the date of approval of this Memorandum of Understanding by the Tustin Ci.ty
Council, unless otherwise indicated. This Agreement shall be and remain in effect
from January 1, 1998, up to and including December 31, 1998.
In witness whereof, the parties hereto have executed this document this
day of , .
City of Tustin
By
Tustin Police Officers' Association
By
William Huston
City Manager
President
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