HomeMy WebLinkAbout09 TPOA MOU 02-20-96DATE:
NO. 9
2-20-96
Inter-Corn
FEBRUARY 14, 1996
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PERSONNEL SERVICES
TPOA MEMORANDUM OF UNDERSTANDING (MOU)
Recommendation:
That the City Council authorize the City Manager to sign and execute the attached Memorandum
of Understanding with the Tustin Police Officers' Association with the understanding that the
Association president sign and execute this document by Monday, February 19, 1996.
Fiscal Impact: '
The total of this package for the term of the contract, January 1, 1996 to December 31, 1997,
is approximately $278,581. For 1996, the cost is approximately $115,128 comprised of the
following: Two percent salary increase, increase in educational incentive pay, 8 hours additional
holiday pay, Special Assignment Pay of two and one-half percent, and shift differential. For
1997, the cost is approximately $163,453 comprised of the following: Two percent salary
increase, increase in flexible benefits, increase in pay for the Career Officer Program and
additional cost of 1996 increases.
The Public Employees Retirement System option of Military Buy Back which allows public
service credit for military time was also agreed to in this contract. The cost of this program is
the responsibility of the employee and while over the long run, the City's cost could increase
if there is substantial participation by employees; it would be a gradual change and not
substantial. Because the cost per employee can run as high as $5,000 per year, a large number
of participants is not expected.
TO: WILLIAM A. HUSTON, CITY MANAGER
RE: TPOA MOU APPROVAL
PAGE 2
Discussion:
The City and Association have agreed to all the provisions set forth in the attached MOU. The
MOU is to be signed by the Association president by Monday and you will be given a signed
copy to approve on Tuesday, February 20, 1996. In order to expedite adoption of this MOU
an unsigned document is included in your agenda packet for your review.
Bettie Correa
Senior Personnel Analyst
BMC4:TPOA96CC.RPT
MEMORANDUM OF UNDERSTANDING
TUSTIN POLICE OFFICERS ASSOCIATION
AND
CITY OF TUSTIN
TERM: JANUARY 1, 1996 TO DECEMBER 31, 1997
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 ofthe Personnel Rules ,and Regulations of the City of Tustin, the Citv's employee representatives have
met ,and conferred in good faith with the representatives o/' the Tustin Police ~)fficers Association pertaining to
the subject of wages, benefits and conditions of employment for the non-administrative and non-nianagement
police employees of City; and '
WHEREAS, tile meeting between Tustin Police Officers and tile City representatives has resulted in an
agreement and understanding to recommend that tile employees represented by the Tustin Police Officers
Association accept all of the temps and conditions as set forth herein and that the City representatives recomnmnd
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-achnhfistrative ,and non-m,'magement police officers of City set forth herein.
WITNESSETH
Article 1. Recoenition 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 ofemplo.vment. 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-achninistrative 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 and Police Officer.
Article 2. Cost of Livine Adjustment
Ao
Effective on the beginning of the pay period closest to January I, 1996'the salary ranges for Police
Recruit and Police Officer shall be increased by 2%. '
B.
Effective on the beginning of the pay period closest to January 1,. 1997 the salary ranges for Police
Recruit and Police Officer shall be increased by 2%.
..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 "c "
ompensatmn eamable".
Employees serving in a Classification covered by this Agreement shall have a vested right to receive all of the
retirement benefits entitled them as of the effective date of this Agreement.
.Article 4. Bereavement Leave Tile City shall allow up to three (3) days xvith 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 includin the spouse,
brother, sister, child, grandparent, and grandchild of the employee or the employeeg's spouse, mother, father,
Article 5. Bilingual Compensation
h.
The City shall pay seventy-five dollars ($75.00) per month for all non-administrative and non-
management police employees ~vho can demonstrate a skill in Spanish at the conversational level, or
,'mother language which tile 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 4ualified person. The bilingual compensation shall con,hence 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.'
B.
Effective I-1-97 the bilingual compensation shall be adjusted to tile median of the bilingual pay of the
agencies providing bilingual pay in the nine (9) city survey grroup presently used for compensation
survey purposes.
Article 6. Retirement Plan Amendments
The City;s contract with the PERS will be ,'unended to provide for the Fourth Level of 1959 Survivor Benefit and
Military Service Credit as Public Service (California Government Code, Section 20930.3).
Article 7. General Leave. General Leave Accrual rates for all non-administrative and non-management police
employees shall be as follows:
Years of Service General Leave Hours Per Year
0-5 160'
6-10 208
Overl0 248
* 168 hours for employees hired before. October 1, 1993.
Article 8. Uniform Allowance. The City will provide a uniform allowance of one hundred and sixty-two dollars
and fifty cents ($162.50) semi-annually, as well as pay for special motor officer gear and officer~public safety
leather gear. *
Article 9. Standby Duty. St,'mdby duty shall be compensated at tile 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 tSime for morning (a.m. hours) appearances and one (15
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
txvo (2) hours overtime compensation, as &scribec~ in Article 13, for any call which required them to return to
duty.
Article I 1. Deferred Compensation. Tile City shall contribute $37.00 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 paper~vork ,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
3
employees. Employees hired into the bargaining unit shall be provided xvith a notification of the deferred
compensation program, including the amount of employer contributions, during employee orientation.
Article 12. Court Pay Provisions_ Thc City shall pay actual time at a rate oftime and onc-hal££or employees
who ,nrc required to appc,'u' in COtLrt during their off-duty liours in connection with CiW business with a minimum
of two (2) hours ofsuch compensation for court appearances scheduled in the morning (a.m. hours) and two (2)
hours of such compensation for court appearances scheduled in thc 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 xvorked in excess of (i)
reguh-u-ly 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 thc 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-dav cycle
for employees on the 3/12.5 work schedule; and (c) 80 hours in a 14-day work cvcle for employees on tl~e 9/80
work schedule). General leave, compensatory time and holiday hours sh~ll be reghrded as hours xvorked in these
calculations; provided hoxvever, that standby time shall nOt be considered in determining entitlement to premium
pay.
In lieu of receiving cash pa2anent for overtime, an employee may elect the option of accruing compensatory time
at the rate ofthne and a half, ,'md shall have a cap of forty (40) hours placed on the accrual of compensatory time
off.
The time during xvhich 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 tiffs 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 sep,'u'ation fi.om 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. TI~e 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 ofsaid police shall be one hundred percent (I 00%) of the employee's base annual salary to the
Ne,"a-est multiple orS1,000.00. The City shall also make available, at the employee's option, a supplemental life
insurance policy, the death benefit of which shall be $I 8,000.00. The premium of said supplemental policy shall
be paid by the employee.
Article 15. Flexible Benefits Plan The Flexible Benefits Plan xvill be as follows:
A. Flexible Benefits Contribution per month per eIigible employee effective through 12/3 I./96.
Employee Only
$267
Effective
1/1/97 $30O
Employee + 1
Dependent
$350
Employee + 2 or more
Dependents
$478
$400 $500
g.
The Flexible Benefits contribution consists of mandatory and discretionary, allocations which may be
applied to City sponsored programs. Employees are required to take employee only dental insurance
with premiums to be paid out of their contribution and $16.00 of thc contribution constitutes the City
payment towards employee medical insurance. Employees may allocate the remaining amount among
the following City sponsored programs:
o
2.
3.
4.
5.
6.
Medical insurance offered under the Public Employees' Medical ,'md 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 xvith program/City requirements including
restrictions as to the time when changes may be made in allocations to the respective programs.
C.
Employees who do not take medical insurance through the program offered by the City shall receive
$120.00 per month in lieu ofthe fle.,dble benefits contribution. As a condition of receiving such amount,
the employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage
comparable to coverage available through the City program.
D. Section 125 Program
The Section 125 Program will be continued in fi~ll 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 ig 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 thei) position.
Degree in Related Field
Police Officer
AA Degree or its equivalent
Bachelor's Degree
$ 65/mo. $125/mo. effective 7-1-96
125/mo. $250/mo. effective 7-1-96
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 teclmical 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.
Co
D.
5
Reimbursement shall be made of tuition fees, textbooks, lab fees, or required supplies, upon
completion of tile 'course with a satisfactory grade and after the completion of tile initial
probationary period. :~.
Tuition reimbursement shall not be made if file employee is drawing veteran's education benefits
or any other reimbursement for thc same course.
Reimbursmnent for up to five hundred dollars ($500.00) in any calendar year will be paid upon
receipt by file 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 all full-time regular and probationary employees
in permanent positions.
January I
Third Monday in February
Last Monday in May
July 4
First Monday in September
November I 1
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
Day Holiday
December 25
Day before the New Year's
Day Holiday
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
· Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Holiday Eve
Christmas Day
New Year's HOliday Eve
When a holiday occurs on a Sunday, the £ollowing Monday will be observed instead. When a holiday occurs on
a Saturday, the preceding Friday ,`vill be observed instead. -
On December' l of each year, a regular or promotional probationary employee may designate any portion of
his/her holiday credit for tile following year which he/she would like to be paid for in lieu of having time off. This
notification shall be in ~w/ting ,'md is irrevocable. Payment for the holiday time shall be made in January of each
year. In file event flint 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 tim 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 ,,vill receive General Leave at the rate of eight (8) hours for each holiday or
equivalent paid time off. Ifa 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 h/s/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 xvork period is less than that prescribed in Article 42, the
employee may use accrued compensatory time or general leave to ensure that the prescribed hours xvill be paid
in that period.
Article 19. Management Rights Clause. Except as othcr, vise specifically provided in this memorandmr~, 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 fight to contract or subcontract construction, services, maintenance, distribution or any other work
with outside public or private entities.
The fight to suspend provisions of this agrecmcnt in the event of, and for the duration of, ,'re.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 ,'md 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 tile City in the most efficient and economical manner to serve the
public interest.
Noflfing contained herein shall be construed as a xvaiver by the Tustin Police Officers Association of anv right
to meet and confer and/or represent its members pm'suant to the Mcyer-Milias-Brown Act on any other appiicable
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. Tile parties agree that tile 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 onlv
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 tile singular include the plural, and the plural include
the singular. Words appearing in the m,41e gender include the female gender and the female gender include the
male gender.
Article 24. Retiree's Health Insurance
The City will contribute a ma.xirnum of $150.00 per month towards the payment of medical insurance premiums
for employees who retire from the City of Tustin after October 1, 1993. Such contribution is supplemental to
the $16.00 per month City contribution to be made for eligible retirees under the Public Employees' Medical and
Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribution.
Article 25. Severability. If any part of this memorandum is rendered or d
e.~sting or subsequently-enacted legislation, governmental regulation or order or;:~:rr:d invalid by reason of any
ofsuch part ofthis memorandum shall not render in,,,,~;~4 ,u ....... . ., ,. e of court, tile invalidatio~
' v,,.u ,,c ,Cmalnlng part llereol.
Article 26. B~nding on Successors_. This nlcmorandum shall be binding on thc successors and assi~s of thc
pm/es hereto and no provisions, terms or obligations herein contained shall be affected or changed in any wav
whatsoever by tile consolidation, merger, sale, transfer or assignment of either party hereto.
Article 27. Ratification. This memorandum contains all the terms and conditions agreed to between thc parties.
This memormldum shall~e ofno force or effect unless or until duly approved adopted, ratified, and agreed to bv
the City Council of City, or in the alternative, that all of the substantive provisions contained herein are adoptc~l
by resolution of the City Council.
Article 28. Amendment~ This memorandum can be altered or amended only by written agreement betxveen
file parties hereto.
~Article 29. Notices_ Notices hereunder shall be in xwiting 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, 300 Centennial Way, Tustin, California 92680.
Article 30. Term of Aereement_ This Agreement shall be and remain in effect from January I, 1996 to and
including December 31, 1997. 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 1996, unless otherxvise
specifically provided. ,
Article 31. Conclusion of AgreemenL This agreement shall contain all of the covenants, stipulations and the
provisions agreed upon by file parties. It is mlderstood 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 fl~e life of this agreement, neither file City or Tustin Police Officers Association shall be compelled
to meet ,and confer concenfing any mandatory bargaining or meet and confer issue, whether specifically met and
conferred about prior to the conclusion of iris agreement or which may have been omitted in the meeting and
conferring xvhich led up to tile conclusion of this agreement, except by mutual agreement of the parties.
Article 32. No Chan~e of Benefits. During the life of this agreement there shall be no change of benefits or
privileges contained in e.~sting resolutions ,and roles not 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 fi.om
having a ,,witten 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 h/re police officers. This extended probation period shail
not affect an employee's entitlement to periodic merit increases (Resolution No. 8
8-I0.~, 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
follov,,ing:
Level
Increase in Base Salary
Senior Officer I ,2% Effective 7-1-97 2.5%
Senior Officer II 4% .... 4.5%
Master Officer 6% " " 6.5%
Article 36. Long-Term Disability (LTD) Plan
m.
Thc C,'mada Life Assur,m~cc Company Long-Term Disabilitv 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.
Bo
In addition to provisions of thc' Long-Term Disability Insurance Plan, thc City agrees to pay the same
salary benefit paid by fhe Ph'm 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 1 st 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 Stare'of California FRA requirements.
Article 37. Special Assignments Employees assigned ,'md 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 txvo and one half percent (2 1/2%) of base salary, provided that at no time may an employee receive
more than one (I) special assignment pgy premium.
Area Resource Officer
Community Resources Officer
Investigator
DARE Officer
Field Training Officer (FTO)
K-9 Officer
Motor Officer
Personnel and Training Officer
Thc City has thc absolute discretion regarding thc 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 griev,'mce or appeal procedure or pursuant to Section 3304(b)
of the California Government Code.
Article 38. Shift Differential Effective 7-1-96 employees xvhose 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. Tiffs differential is designed to compensate the employee for the inconvenience of working
this particular shift.
Article 39. Minimum Hiring_. The minimmn hiring age shall be changed fi.om eighteen (18) years to t;venty-one
(2 I) years.
ArtiCle 40. Substance Abuse Testing. The City ,'md 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.
9
Article 41. Disciplinary Appeals_. Resolution No. 88-103, Sections 12 (C) and (D), is superseded bv the "Third
Party Advisory Process for Disciplina~ Appeals" attached as Exhibit A. '
·
·
_Article 42. Work Schedules,
Ao
Depamnent xvork schedules/.nclude file 4/I 0 work schedule; (in a 7-day ~vork cycle the employee works
four 10-horn' days where file 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
(I) Traffic and Investigation Divisions,
(2) Employees in special assignments [continuation of tile
schedule is subject to needs of the Department, provided that
if the Department desires to discontinue that work schedule,
the employee will revert to th~ 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
t/me each day, ,md 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].
P,~troI
Bo
Co
Do
Employees assigned to special task forces or regional teams will work the hours that the tearn works.
The Department shall continue tile present practices of (I) 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.
Any employee's xvork 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 doctment this
day of
City of Tustin
By
Tustin Police Officers Association
By
William A. Huston
City Manager.
Gordon Margulies, President