HomeMy WebLinkAboutC.C. 12 MOU TPOA 02-18-92+`N CONSENT CALENDAR NO. 12
2-18-92
q0?
GEN
I n t r - Co m
A1". FEBRUARY 11, 1992
�0: WILLIAM A. HUSTON, CITY MANAGER
''10: ADMINISTRATIVE SERVICES DEPARTMENT
S'JBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN
POLICE OFFICERS ASSOCIATION
RECOMMENDATION:
To direct the City Manager to execute the attached Memorandum of
Understanding with the Tustin Police Officers Association.
BACKGROUND:
Representatives of the City have been meeting and conferring with
the representatives of the Tustin Police Officers Association
(T.P.O.A.) in order to come to an agreement regarding wages,
benefits, and other working conditions.
A one-year agreement has been reached; it is appropriate to direct
the City Manager to execute the Memorandum of Understanding, in
order that staff can proceed with the logistics of the agreement.
6dt'a-_ 6a_a�
Bettie Correa, Acting Director
Administrative Services
Attachment: Memorandum of Understanding
BMC/md
RAW4:TPOAMOU.92
MEMORANDUM OF UNDERSTANDING
TUSTIN POLICE OFFICERS ASSOCIATION
AND
CITY OF TUSTIN
TERM: JANUARY 1, 1992 TO DECEMBER 31, 1992
TABLE OF CONTENTS
ITEM
PAGE
Administrative Regulations...............................10
Amendments...............................................12
Annual Physical Exam.....................................13
Application of Agreement.................................11
Bereavement Leave.........................................3
BilingualCompensation ..........••••••••••••••••••••••••••3
Bindingon Successors....................................11
Call -Back Duty............................................4
Conclusion of Agreement...............................12-13
Cost Containment Committee...............................11
CourtPay Provisions......................................5
DeferredCompensation.....................................5
Disciplinary Appeals.....................................15
Third Party Advisory Process...............Exhibit "B"
Educational Incentive.........................••••••••••••7
EffectiveDate...........................................10
Employee Life Insurance...................................6
Field Training officer ...................................1
Flexible Benefit Program.................................15
11
Gender...................................................
GeneralLeave ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Holidays................................................8-9
Long Term Disability.....................................14
Proposed LTD Plan..........................Exhibit ''A"•
Management Rights Clause ........ .............. ......... 9-10
Medicaland Dental Insurance ..............................7
MinimumHiring. ............ o ........................... 15
No Change of Benefits ....................................13
Notices..................................................12
Overtime Compensation...................................5-6
PerformanceEvaluations..................................13
PhysicalFitness ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Probationary Period... 000--o-o-oo0000000 ... o .... 0'' 00013
Probationary Rejection...................................14
Ratification.............................................12
RetirementPlan ...........................................
Retirement Survivor's Benef its ............................3
SalaryIncrease...........................................2
Severability............................................011
Scopeof Renegotiation...................................10
Stand-by Duty ............... 0 . . . . . . . . . . . . . . 0 0 0 0 . 0 0 0 . . 0 . . 0 .4
SubstanceAbuse Testing..................................15
Termof Agreement........................................12
TuitionReimbursement.........0...0..0..0...0...0.....0.7-8
UniformAllowance .........................................
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 employee 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.
W I T N E S S E T H
Article 1. 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 employees of City, whether or not they are individually members of
the Tustin Police Officers Association.
The Classifications covered by this agreement are:
Police Recruit
Police officer
Article 2. Salary Increase. The City shall increase salaries of all non-
administrative and non -management sworn police employee positions of the
City by four percent (4.0%) effective December 30, 1991. Each employee
assigned to said classifications upon the above-mentioned dates shall
receive a salary at the step in which the employee is then serving.
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 seven
percent (7%) of the employee's "compensation earnable". Effective October
11 1992, the City shall amend its contract with PERS so as to provide to
each employee covered by this Agreement all of the retirement benefits
currently provided to management peace officers of the City of Tustin,
including the two percent (2%) at age fifty ( 50 ) retirement formula, as set
forth in Section 21252.01 of the California Government Code and the "single
highest year final compensation formula" as set forth in Section 20024.2 of
the California Government Code. At the same time, the City shall "pick up"
the increased share of the employee's required contribution to PERS so that
the City's total "pick up" of required employee contributions shall equal
nine percent (90) of the employee's "compensation earnable".
3
Each employee serving in a Classification covered by this Agreement shall
have a vested right to receive all of the retirement benef its set forth
herein, including these described above which are to become effective
October 11 1992.
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 S. Bilingual Compensation. The City shall pay seventy-five
dollars ($75.00) per month for 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 within the City.
In order to receive such bilingual compensation, an employee shall make
application to the Personnel Department and shall 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 test results and
notification of the Finance Department by the Personnel Department.
Article 6. Retirement Survivor's Benefit. The City shall provide the 1959
Survivors Benefit option of the Public Employees Retirement System for all
non -administrative and non -management police employees, at employee cost.
4
Article 7. General Leave. The City shall provide General Leave Accrual
rates for all non -administrative and non -management police employees
according to the following formula:
Years of Service
0-5
6-10
Over 10
General Leave Days Per Year
21 Days
26 Days
31 Days
Article S. Uniform Allowance. The City will provide a uniform allowance of
one hundred and sixty-two dollars and f ifty cents ($162.50) semi-annually,
as well as continually pay for special motor officer gear and officer
public safety leather gear.
Article 9. Standby Duty. Standby duty 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 one (i) hour straight time for
afternoon (p.m. hours) appearances. Call back compensation is provided in
Article 10. Compensation for, call back to, or actual appearance in court
is provided in Article 12.
Article 10. Call -Back Duty. In addition to standby compensation, if any,
officers shall receive a minimum of two (2) hours overtime compensation for
any call which required them to return to duty.
5
Article 11. Deferred Compensation. The City shall contribute $37.00 per
pay period, per employee, in 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 at a
rate of time and one-half for employees who are required to appear in court
during their off-duty hours in connection with City business with a minimum
of two (2) hours of such compensation for court appearances schedules in
the morning (a.m. hours) and two (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 eight
(8 ) hours per shift or forty ( 4 0 ) hours per week. Genera 1 ' leave 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 pay.
R
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 of f .
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/her 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 $18,00o.00. The
premium of said supplemental policy shall be paid by the employee.
Article 15. Medical and Dental Insurance. The City shall contribute a
maximum $423.90 per month per employee toward health insurance coverage.
Any employee in a health insurance plan and category which has a total
monthly premium less than $423.90 shall not pay for health insurance.
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
AA Degree or its equivalent $ 65/mo.
Bachelor's Degree 125/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 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.
B. 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.
8
C. Tuition reimbursement shall not be made if the employee is
drawing veteran's education benefits or any other reimbursement
for the same course.
D. Reimbursement for up to one hundred twenty-five dollars ($125.00)
per semester for two (2) semesters 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 nine (9) full and two (2) half (1/2)
days shall be observed as paid holidays
by all full-time regular and
probationary City Employees in permanent positions, except Police
personnel, as shown below:
January 1
New Year's Day
Third Monday in February
Washington's Birthday
Last Monday in May
Memorial Day
July 4
Independence Day
First Monday in September
Labor Day
November 11
Veteran's Day
The Thursday in November
designated by the President or
Governor as Thanksgiving Day
Thanksgiving Day
The day following the Thursday in
November designated as Thanksgiving
Day
Day after Thanksgiving Day
Afternoon before the Christmas
Day Holiday
Christmas Holiday Eve
December 25
Christmas Day
01
Afternoon before the New Year's
Day Holiday 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.
On December 1 of each year, an 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 an extra day of
General Leave. Full-time regular and probationary Police personnel not
assigned to shifts will receive an extra day of General Leave or the
holiday off at the employee's option.
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.
10
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 staff ing 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 constructed 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. 1Administrative Regulations. The City Manager may issue
written administrative personnel regulations designed to augment or clarify
the provisions of this memorandum.
Article 22. Effective Date. 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 December 30, 1991, unless
otherwise specifically provided.
11
Article 23. Apulication 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 Off iters Association, and
that this memorandum covers only said employees. It is not solely limited
to the members of the Tustin Police Officers Association.
Article 24. 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 25. Cost Containment Committee. The City and T.P.O.A. agree to
meet and discuss cost-containment alternatives for the self-insured health
plan.
Article 26. 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 27. 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.
12
Article 28. Ratification. This memorandum contains all the 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 29. Amendments. This memorandum can be altered or amended only by
written agreement between the parties hereto.
Article 30. 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, Ca 92680; and,
if to City, shall be mailed to City Manager, City of Tustin, 15222 Del Amo,
Tustin, California 92680.
Article 31. Term of Agreement. Subject to the provisions of Article 3,
this Agreement shall be and remain in effect from December 30, 19 91, to and
including December 31, 1992.
Article 32. 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 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
13
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 33. 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 34. Annual Physical Examinations. Effective March 20, 1989, the
benefit shall be eliminated.
Article 35. 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 snail serve Lu -Luz:, .L1�.t. ail G+uj+l+jv` ia""•
having a written rebuttal attached to a performance evaluation with which
the employee disagrees.
Article 36. 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)).
14
Article 37. 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 38. Long -Term Disability (LTD) Plan. T.P.O.A. has reviewed and
approved the revised LTD Plan outlined in Attachment "A". Both parties
agree that the attached is a summary of the plan, not the plan document
itself.
Article 39. Field Training officer. Effective December 31, 1990,
employees assigned to serve in the capacity of Field Training officer (FTO)
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 during the
entire period of such assignment. The City shall have the absolute
discretion regarding the assignment and reassignment of individuals as
FTO's. 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 40. Physical Fitness Program. The City and T.P.O.A. agree to meet
and discuss physical fitness standards and programs during the term of the
M.O.U. Absent mutual agreement of the parties, no such standards or
programs may be implemented.
15
Article 41. Flexible Benefit Program. The City and T.P.O.A. agree to meet
and discuss flexible benefit programs during the term of the M.O.U. Both
parties recognize that this issue is for discussion purposes only and no
changes shall be implemented during the term or the M.O.U.
Article 42. Minimum Hiring. The minimum hiring age shall be changed from
eighteen (18) years to twenty-one (21) years.
Article 43. Substance Abuse Testing. 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 implemented.
Article 44. 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.
In witness whereof, the parties hereto have executed this document this
day of
MOU:TPOA.92
City of Tustin
By
William A. Huston
City Manager
Tustin Police Officers Association
By
Joseph G. Stickles, President
EXHIBIT "A"
* City has no mandatory retirement age; however, LTD benefits will be
cut off at age 60 and 65 respectively.
PROPOSED LTD
PLAN -SUMMARY
1.
Increase elination period
from 5 days to 30.days.
II.
Increase maximum benefit for non -management to $2500. per month.
III:
Two year occupational disability reduced to one-year.
IV.
Age limits of 55 (safety)
and 60 (misc.) will be increased to
60 and 65 respectively.*
V.
"Bank" of hours created to assist with funding elimination period.
VI.
In Summary:.
Employees
City
give 5 extra days
give one-time contribution
general leave
to "Bank" equal to 8 hours
per employee
give .2 hours general
give 30 extra days health _
leave to "Bank" per
benefits during LTD
pay period
* City has no mandatory retirement age; however, LTD benefits will be
cut off at age 60 and 65 respectively.
LTD PROPOSAL
1. General Leave elimination will be increased from 5 days to 10 day -s.
2. After General Leave elimination and through day 30•, a "bank" will be
created. This will be created through the city contributing, one time only,
for each employee, 8 hours (in addition to existing General Leave
benefits). Each employee, each paycheck, will automatically have deducted
.20 hours of their General Leave; this will be credited into the bank. It
is acknowledged that .periodic adjustments may have to be made if ther-e is,
either an excess or an unusually low drain on the bank.
3. It is acknowledged that a minimum and a maximum number of hours would be
agreed upon for the bank. The minimum number of hours would be
approximately 1,O00.hours and the maximum number of hours would be
approximately 3,000. Upon annual review, if the maximum of 3,000 h6urs is
reached, the .20 contribution would cease for a period of one year.
Likewise, if accumulation drops below- the 1,000 minimum, the .20
contribution would be reinstated automatically.
4.. Those
employees
with "old
sick leave" in the amount of at least 12
working
days
would not
contribute
to the bank, nor draw from the bank until
all "old
sick
leave" is
utilized.
All "old sick leave" must be used before
receiving
any LTD benefits. (Those employees with less than 12 working days (96
hours) "old sick leave-" must contribute to the bank.)
5. The maximum benefit for non -management employees will be increased to
$2500. per month.
6. The City will increase the term of medical coverage and other employee
benefits from 60 to 90 days.
While drawing from the bank, employees will be paid their full salary.
8. LTD benefits from day 31 through .day 365 will remain the same; that is:
66 2/3% of salary, tax-free.
9. The current age limit of 55 years for public safety employees and 60 years
for all other employees will be extended to 60 years and 65 years
respectively. All employees who have exceeded the new age limits at the
time the plan i s amended will be "grandfathered" into the plan for a
one-year grace period. At the end of the year, these employees will no
longer be covered by the LTD program and their salary deduction will stop.
--------------------------------------------------------------------------------
SUMMARY
1. Employee would give 5 additional General Leave days, and .20 hours per
paycheck.
2. City would contribute to the bank 8 hours per employee (one time), and an
increase in employee benefit coverage from 60 to 90 days.
--------------------------------------------------------------------------------
Revi sed 1/6/87
W
J
CL
C
X
W
Q
O
Z
W
_J
l0 N N
t0
N N
p P d
1 1
N fes- f0 1 H s-
_J4 -
1
X
C1
11'1 N N >> 4-)
`i > .... > v . >)
O N O O � to N C)
Ln LC)r-' Q
U- b 0 eta 1� � �O Rf � fO fCf e0 • • 4AN
JO O JO O JO D JC O �p C
0 are
q N >1 C M
> >Ln to
p •r N
C1 t �C
rl C1
F"' p >! C tO 0 t0 e0 L U -N
0 e0
J O O J O O J O O J Olco O
� O C
C O
O S
> ... b >1 C
00 N ap 000
rl CO rl M p
W er'f C A .p C C >' 'S C >' 1� E C
3 pbO� 1--bOa �bR3� 10toev
J O O J O D J O D J O D J W V
�^ O
N
ui
N N
01
�
HeOeCdFO-'bort FO10
to
J O O J O O J O O J O D J O O
rt co ^ Ln N
4 N ��
Z �-1 Ort to tD rJld
-t N N lid
C
O >1 C >> O b 0 > F" b t0 t0 F� b Rf 1-- t0 t0 d*
F... b 0 t0 1—
be
JOc.DO JO O JOcaO .JOcc.1C� JOca�
Co
v v V-4 co
N
� N
p 1
O Li 1
J O 1 J G 1 J O 1
N
r
E
>>
L
O C
�
0
•r
T
O
.r.
�-
r
• O C
N
0 4J
T
Z3
C 4J
O
O 'r
�--
w
r--1
r
+�
>
O 3Q
4-r-
-rO
0Q.
0
-
FD
V
U
0 O4-
O
r+
10 CO
0
i (A O
O
+-11
to
O
d-) N d
M
4J SN
Co L
C
C
CLV
'13
4- b EO
C
4- O
i
4-
-r-
-r- �
f0 �!� `"i
-r.
• w b
N 00
-r• ?�
r-
0. N
N0
E
O F •
WCL O
4J
-0
•
0
i 4--- N
0 OO
C
N tZ O O >>
� j
CS-
- «3�
S-a
>1
>
3 J
4J O m S -
O4 • r'
t0 s C
C)
be
C i
CO •r-
C�
0 to 0
4J w �
N m C
>-j S-
A C1
O i
.
C OCCL
-gyp
N4O-
to 4j
OC1 O O NC
r= W-0
E > > t0
'o >
o t0 E tcs
UtO
0.00
J A0
L
0 -r rt
� ^ G L1
N
OLn
O
t0 J O r
C
}1
L
r- r-
CL 0 L
O L M
co
0
NO
.r
t0 t0 O N 0�
.w4J
N C
N O (1) CD 0
Z7 r-4 L +-
.19
O
o -o
OO
go
-C t71
41
t0 O N -r-
r•
N 4- >f 0 L IA
0 >>
U
eT e0 -r-
C t0 = +) S-
41 O C C O
-
L
CL t0 O O to
•w
«-
�[ 0 0
r -
N
i 1] 3
V(V 4J O >>N -r- N
3
co3+�4-)
4-)T U4 -
O C
• r.
to T N U 0 c •_
11 C 0
-r- O
•O
r- >
a) t0 -r- 11 O
CL N 4- .0 i
V
C
e0 -r- ->
3>
0 E -r- 0 C -r-
> oocoL o.c
0
ca
U T3
0' 0 W
.. 0 C +� C• 0
-r- O >,'o c
U
t0 N 11
O J >> O 0 N U S- _
O
t0 4-) O
i u
J O N
4J it � O E N e0 u
L
j�
r- t0
N 0 ,C O r 0
Mu >> U tO t
Cl
b .. p
4J L 0
c c c U
O C1 t0 U E 0 0 N=
c
-r O > Y
CL tri Co C:) LJ 4
- a CL CD
• t0 E a F- =
J
-r- 0 a) t0
r- c.� J co
0 •
C-) b U -0 m W n
.-+
N M
d u �D
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 is the 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
Administrative Services Director 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
Administrative Services Director, an appeal hearing shall be established as
follows:
A. 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.
B. 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 appeal
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.
C. All hearings shall be private provided, however, that the arbiter shall
at the request of the employee, open the hearing to the public.
D. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be
issued at the request of either party, not less than 5 working days,
prior to the commencement of such hearing. After the commencement of
such hearing, subpoenas shall be issued only at the discretion of the
arbiter.
Third Party Advisory Process for Disciplinary Appeals
3/88
Page 2
E. The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which 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 repetious 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.
F. 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.
G. 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;
3. 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;
4. 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;
5. The parties may then, in order, respectively offerrebutting
evidence only, unless the arbiter for good reason, permits them to
offer evidence upon their original case;
Third Party Advisory Process for Disciplinary Appeals
8/88
Page 3
6. Closing arguments shall be permitted and written briefs may be
permitted at the discretion of the arbiter.
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 witnesh, 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.
I. 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
Administrative Services Director 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 recommend 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, theCity 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. The City Manager
shall not conduct a de novo hearing. The City Manager may, 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.
Third Party Advisory Process for Disciplinary Appeals
3/88
Page 4
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 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.
K. 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.