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RES 03-02RESOLUTION NO. 03-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City Council has authorized and directed, under the provisions of the City of Tustin Personnel Rules and Regulations, Resolution No. 88- 103, the preparation of a Classification and Compensation plan for all employees in the municipal service of the City of Tustin; and WHEREAS, Resolution No. 88-103 requires that amendments or revisions to the compensation plan be approved by Resolution of the City Council; and WHEREAS, the City of Tustin, hereinafter referred to as "City" and the Tustin Municipal Employees Association, hereinafter referred to as "TMEA", have met and conferred in good faith in accordance with the requirements of the Meyers-Milias- Brown Act; and WHEREAS, the City and TMEA have reached agreement on wages, salaries, fringe benefits and conditions of employment effective January 21, 2003 through December 31,2003 as more particularly set forth in the attached Memorandum of Understanding; and NOW, THEREFORE, the City Council of the City of Tustin, California does hereby resolve as follows: SECTION 1. The Memorandum of Understanding, effective January 21, 2003, is hereby approved and incorporated herein by reference as Exhibit "A" as though fully set forth herein, and staff is authorized to amend the City's classification and compensation plans accordingly. SECTION 2. This Resolution shall become effective on January 21,2003, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. Passed and adopted by the City Council of the City of Tustin at a regular meeting held on the 21st day of January, 2003./i -¢ P~C Y('V~/I CL S" W~ R L"E'~; MAY O~ A~EST: Cl~ CffER~ City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RESOLUTION NO. 03-02 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 03- 02 was adopted at a regular meeting of the City Council held on the 21st day of January, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Worley, l~awashlm~, Bone, DAvert, Thomas None None' None Pamela StOker, City Clerk MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION TERM' JANUARY 21,2003 TO DECEMBER 31,2003 CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING JANUARY 16, 2003 TO DECEMBER 31, 2003 TABLE OF CONTENTS Paqe Article 1. Represented Classes 3 Article 2. Compensation 4 Article 3. Uniforms 4 Article 4. Bilingual Compensation 5 Article 5. Retirement 5 Article 6. Overtime Compensation 6 Article 7. Employee Life Insurance 6 Article 8. Flexible Benefits Plan 6 Article 9. Retiree's Health Insurance 8 Article 10. Bereavement Leave 8 Article 11. Holidays 8 Article 12. General Leave 9 Article 13. Temporary Employment 9 Article 14. LTD Leave of Absence and Short-Term/Long Term Disability Program Compensatory Time Rest Periods Leaves Stand-by Duty Call Back Duty Certification Pay Educational Incentive Pay Tuition Reimbursement Work Schedules One-Half Hour Lunch: Field Services Employees Commercial Driver's License Shift Differential Acting Pay Performance Evaluations Appeals Procedure Grievance Procedure Severance Pay and Assistance to Layoffees Layoff Policy Contracting Out Family Leave Personnel Rules and Regulations Management Rights Clause Agency Shop 10 Article 15. 11 Article 16. 11 Article 17. 11 Article 18. 11 Article 19. 12 Article 20. 12 Article 21. 13 Article 22. 13 Article 23. 14 Article 24. 14 Article 25. 14 Article 26. 15 Article 27. 15 Article 28. 15 Article 29. 15 Article 30. 19 Article 31. 22 Article 32. 22 Article 33. 25 Article 34. 25 Article 35. 25 Article 36. 26 Article 37. 27 S:\MOU's~2003\TMEAMOU03FinaI.DOC 1 Article 38. Article 39. Article 40. Article 41. Article 42. Article 43. Article 44. Article 45. Article 46. Article 47. Article 48. Article 49. Article 50. Article 51. Article 52. Due Process Rights Effective Date Application of Agreement Gender Severability Binding on Successors Ratification Amendments Notices Subject to State Law Entire Agreement Contract Bar Meetings Dues check-off Term of Agreement Paqe 29 29 30 30 30 30 3O 30 30 31 31 31 31 32 32 Attachment A - Attachment B - Range Schedule effective pay period 3, 2003 (check issue date Jan 31, 2003) Range Schedule effective June 30, 2003 33 34 S:\MOU's~2003\TMEAMOU03 Final.DOC 2 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOi~IATION 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 Municipal Employees Association pertaining to the subject of wages, benefits and conditions of employment of City; and WHEREAS, the meetings between the Tustin Municipal Employees Association and the City representatives have resulted in an agreement and understanding to recommend that the employees represented by the Tustin Municipal Employees Association accept all of the terms 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 represented classes. WITNESSETH WHEREAS, the Tustin Municipal Employees Association is the majority representative of employees in the hereinafter listed classes for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative the Tustin Municipal Employees Association is empowered to act on behalf of employees in the General Employees Representation Unit, whether or not they are individually members of the Tustin Municipal Employees Association. Article 1. Represented Classes. The classifications covered by this agreement are: Administrative Secretary Accounting Specialist Associate Engineer (includes Transportation Engineer and Water Services Engineer) Assistant Engineer Assistant Planner Associate Planner Building Inspector Building Technician Business License Technician Clerk Typist Code Enforcement Officer Community Support Specialist Custodian Deputy City Clerk Draftsperson Engineering Aide Equipment Mechanic Equipment Operator Information Technology Specialist Intermediate Clerk Typist Junior Engineer Maintenance Leadworker Maintenance Worker Management Analyst Mechanics Helper Office Clerk Office Support Specialist Payroll Specialist Plan Checker Plan Checker/Senior Bldg. Inspector Project Manager Public Works Inspector Redevelopment Project Manager Reproduction Operator Senior Accounting Specialist Senior Sports Water Water Water Water Management Analyst Field Specialist Equipment Operator Maintenance Leadworker Maintenance Worker 1/11 Treatment Operator 1/11/111 S:\MOU's~.003\TMEAMOU03 Final.DOC 3 Part-time regular classifications, designated pursuant to the annual budget, listed below shall be covered by this agreement: Recreation Program Assistant Parks & Recreation Clerk Typist Community Center Receptionist Senior Center van Driver Accounting Specialist Regular part-time classifications, designated pursuant to the City budget, are those classifications/positions that are anticipated to have work scheduled on a regular year- round basis, an average of twenty or more hours per week, and the position is anticipated to continue for a period in excess of twelve months. Such classifications shall be designated as half-time (20-29 hours per week) or three-quarter time (30-39 hours per week). The City shall budget annually for all positions on a ¼ time, % time or full time basis. Only those classifications designated as a regular allocated position shall be included for representation in this unit. Article 2. Compensation. Effective with the paycheck to issue January 31,2003, the base salary rates of represented classifications, and all incumbents in said classifications, shall be placed on a salary and wage schedule consisting of five steps or rates of pay in each range with an approximate increment of 5% between steps. The monthly salary ranges for all represented classifications are listed in Appendix A of this agreement. A. Effective June 30, 2003, the base salary rates of all represented classifications, and of all bargaining unit employees, shall be increased by two percent (2.0%) as listed in Appendix B of this agreement. B. Resolution #88-103. SECTION 5. SALARY ADMINISTRATION, F. Salary in other Instances, (2) Salary on Promotion, shall be amended to provide that upon a promotion the employee shall receive a salary adjustment of at least 5%, provided that in no event shall the promoted employee's salary exceed the maximum of the range. Article 3. Uniforms. A. The City will make raingear and overalls available for use by the Building Inspectors and Public Works Inspectors. S:\MOU's~003\TMEAMOU03 Final .DOC 4 B. The City will provide eleven (11) sets of pantS/shorts and shirts for each maintenance employee required to wear a uniform and City will pay the cost of renting and cleaning the standard-issue maintenance employee uniforms. Each employee may designate a "mix" of pants and shorts for the term of the contract with the uniform vendor. This "mix" may not be changed during the term of the contract with the uniform vendor. Each employee must have long pants immediately available for wear on a daily basis. Additional uniforms, laundering, or special services shall be at the employee's expense. Co Unit employees shall be responsible for the return of all uniforms, equipment issued and/or purchased on behalf of the employee. Failure to return uniforms and/or equipment issued will result in a reduction equivalent to the dollar value of the cost of those items not returned from the employee's final paycheck. Do Unit employees with less than 6 months of service shall return safety shoes or the City shall deduct a pro-rata share of the purchase price of the shoes from the employees' final paycheck. E. The City shall develop and implement appropriate documents for employees to sign to enable the City to take any necessary payroll deductions should the employee not return his/her uniforms. Article 4. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per month to employees in City designated positions who can demonstrate a skill in Spanish at the conversational level, or in another language which the City Manager has approved as being needed for City business. Should a conflict arise regarding designation of an employee for compensation, proficiency and need shall determine who is eligible. Management will determine where and when the need is greatest, and management will devise and administer a testing vehicle to determine degrees of proficiency. Article 5. Retirement. A. The City shall continue to "pick up" and pay on behalf of each regular full time employee the employee's required contribution to the Public Employees Retirement System (PERS) 2% @ 55 Supplemental or Modified Formula for Local Miscellaneous Members in the amount equal to seven percent (7%) of the employee's "compensation earnable". Employees serving in a classification covered by this agreement shall have a vested right to receive all of the retirement benefits entitled them as of the effective date of this agreement. If during the term of this Agreement, the Employee contribution is reduced by legislative action, the City will meet and confer with TMEA over dispensation of the extra funds. B. Designated regular part-time employees shall be eligible for participation in PERS in the same manner as regular full-time employees. S:\MOU's~003\TMEAMOU03FinaI.DOC 5 Article 6. Overtime Compensation. All unit employees shall receive premium compensation of time and one-half for all approved overtime hours worked in excess of (1) regularly scheduled hours per shift or (2) forty (40) hours worked in a seven (7) day work period. General Leave, Compensatory time and Holiday hours shall be included within the above hours for eligibility, provided however, that standby time shall not be considered in determining entitlement to premium compensation. Part-time employees shall receive premium compensation of time and one- half pursuant to the Fair Labor Standards Act. Article 7. Employee Life Insurance. City will provide life insurance on each life of each regular unit employee of the City and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. Designated regular part-time employees shall be eligible for employee life insurance on a pro-rata share based upon allocation. The death benefit of said policy for part-time employees shall be the greater of $25,000.00 (for 1/2 time) or $37,500 (for 3/4 time) or one hundred percent (100%) of the employee's baSe annual salary to the nearest multiple of ,Si ,000.00. Article 8. Flexible Benefits Plan. The Flexible Benefits Plan will be as follows: Each full time unit employee shall receive a one-time flexible benefit adjustment of $75.00 (each 1/2 time employees shall receive $37.50). Said adjustment will be included with the paycheck to issue January 31,2003. A. Flexible Benefits Contribution per month per eligible employee: Effective with the paycheck to issue January 31,2003 Employee Only Employee + 1 Dependent Employee .+ 2 or more Dependents $372 $568 $744 B, Designated regular part-time employees shall be eligible for the flexible benefit plan contribution on a pro-rata share based upon allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). S:\MOU's~003\TMEAMOU03FinaI.DOC 6 Co Employees who do not take medical insurance through the program offered by the City shall receive $300 per month in lieu of the flexible benefits contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. Designated regular part-time employees shall be eligible for the in-lieu flexible benefit plan contribution on a pro- rata share based upon allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). D. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs; $16 of the contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following City sponsored programs: o , 3. 4. 5. 6. 7. 8. Medical insurance offered underthe Public Employees' Medical and Hospital Care Act Program. Dependent Dental Insurance Additional Life Insurance Vision Insurance Deferred Compensation Section 125 Program Eligible Catastrophic Care Programs Cash Discretionary allocations are to be made in accordance with program/City requirements including restrictions as to the time when changes may be made in allocations to the respective programs. E. Section 125 Program The Section 125 Program will be continued in full force and effect for the duration of this agreement unless changed by mutual agreement of the City and Association. The City retains the right to change administrators for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. During the term of this MOU the parties will meet and confer in an effort to obtain a favorable alternative(s) to health insurance programs other than those offered by PERS. In the event the employees represented by TPSSA receive a higher level of monthly contribution for the flexible benefits plan contribution in calendar year 2003, employees in this unit will receive said higher amount. S:\MOU's~003\TMEAMOU03FinaI.DOC 7 Article 9. Retiree's Health Insurance. The City will contribute a maximum of $150.00 per month towards the payment of medical insurance premiums for employees who retire from the City of Tustin after October 1, 1993. Such contribution is supplemental to the $16.00 per month City contribution to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribution. TMEA will participate in a joint labor-management committee to explore funding alternatives that involve employee contributions to fund premiums in excess of the City's contribution for retiree health insurance. Article 10. Bereavement Leave. City will allow up to three (3) days with pay for the purpose of bereavement leave for all unit employees of City in the event of a death in the immediate family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Designated regular part-time employees shall be eligible for bereavement leave on a pro-rata share based upon allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Article 11. Holidays. The following days shall be holidays for which all full-time regular and probationary employees will receive compensation either in pay or paid time off. January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Thursday in November designated by the President or Governor as Thanksgiving Day Day following the Thursday in November designated as Thanksgiving Day December 24 December 25 December 31 New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Holiday Christmas Day New Year's Eve Holiday When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. During the term of this agreement when a holiday falls on a Friday that is not a workday the holiday will be observed on the following Monday. For each holiday, full-time regular and probationary personnel on shifts will receive nine (9) hours of General Leave for each day or equivalent pay, whichever, in the judgment of the Human Resources Director, best S:\MOU's~.003\TMEAMOU03FinaI.DOC 8 serves the interest of the City. Full-time regular and probationary personnel not assigned to shifts will receive paid time off; nine (9) hours for a day. If a non-shift employee's scheduled day off falls on the day of the holiday, he shall receive nine (9) hours pay for each day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his regular shift, credited compensatory time or general leave will be used to ensure that hours paid will be equal to what he/she would receive for his/her regular shift. Designated regular part-time employees shall be eligible for holidays on a pro-rata share based upon allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Article 12. General Leave. General leave with pay shall be granted to each full-time regular and probationary employee at the rate listed below per year, prorated on a bi-weekly basis for each bi- weekly pay period in which the employee works more than half time. Periods of Service General Leave Hours Per Year 0-5 years 160 6-10 "" 208 Over 10"" 248 Designated regular part-time employees shall be eligible for the general leave on a pro-rata share based upon allocation (i.e. a ¼ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Article 13, Temporary Employment. Employees appointed to a temporary position shall sign a Personnel Action Form (PAF), which shall state the duration of the limited term appointment. The duration shall be either: (a) A period of time not to exceed 12 months, which period may be renewed once only, at the discretion of the City Manager; (b) The length of time required to complete a specific project, which project shall be identified on the PAF. (c) In the case of temporary positions that are funded by grants or other outside funding sources, a period that ends with the expiration of that funding. In the event a temporary employee works for a period exceeding the duration set forth above, his/her position shall be deemed to be a Permanent Position and the employee shall begin a one-year probationary period as of the first day after the period(s) set forth in (a), (b)and (c). S:\MOU's~003\TMEAMOU03FinaI.DOC 9 Article 14. LTD Leave of Absence and Short-term/Long-term Disability Program. An employee, who has satisfied his/her initial probationary period, and who is receiving LTD benefits under the City's program will be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of six (6) months. Such leave of absence may be extended for an additional six (6) months upon approval of the City Manager. Short-term/Long-term Disability Program Ao The City shall maintain a short/long term disability program providing eligible employees a benefit of 60% of base salary pre-disability earnings after a 30 day waiting period. Eligibility for benefits is subject to the STD/LTD carrier. Bo All unit employees are required to participate in the program; premiums are deducted from the employee's pay on an after-tax basis. C. In the event an illness or injury is anticipated to exceed 30 days, and such illness/injury is not covered by other provisions of the MOU or the City's Personnel Rules, Regulations and/or other policies, the employee is first required to utilize 80 consecutive hours of his/her general leave or compensatory time during the 30 day period beginning with the first day of the leave. In the event no leave time is available the employee shall be on leave without pay. D. The second 80 hours of this absence (elimination period) shall be paid by the City at the rate of 60% of the employees base salary pre-disability earnings. This City payment is taxable income. The employee may supplement this City payment with general leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. Bo In the event the employee is eligible for FMLA, such leave and any benefits/payment provided hereunder shall not be additional to other provisions of the MOU or the City's Personnel Rules, Regulations and/or other policies. Fo In the event the employee is not eligible for FMLA, the City's will provide the employee the same health insurance benefits as provided while working for a period not to exceed 90 days. O. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs first), no general or other leave shall accrue to the employee. Ho The employee may supplement the STD/LTD carrier's payment with general leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. S:\MOU's~.003\TMEAMOU03FinaI.DOC 10 The employee is responsible for all benefit elections and payments during his/her leave unless he/she is eligible to opt out of such elections and chooses to do so. The employee will be provided a form to make such elections. In the event the employee elects to continue his/her benefit elections, the employee is required to make timely payment to the City for such elections (including the cost of the STD/LTD program). In the event timely payment is not made, the City is authorized to reduce the employee's general leave and/or other leave accounts, in an amount equivalent to the premiums owed by the employee. In the event no general or other leave is available, the City is authorized to cancel the employee's coverage. J, In the event the employee has previously received payment by the City for the same illness/injury, the employee shall not be eligible for the City's 60% salary continuation nor 90 days of continued medical benefits. K. The City will create a "Catastrophic Leave" donation program during the term of this contract. Article 15. Compensatory Time. Employees will be paid for all compensatory time in December of each year provided that an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to the City. Article 16. Rest Periods. During each work shift of at least eight (8) hours two (2) fifteen (15) minute rest periods will be scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no compensation will be provided for rest periods not taken. Article 17. Leaves. Resolution #88-103 will be amended to provide that needs of the employee will be considered in the granting of leaves of absence and employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. Article 18. Stand-by Duty. Employees assigned to stand-by duty shall be compensated at the rate of one (1) hour of straight-time compensation for each eight (8) hours of such duty. Such compensation on Holidays shall be at the rate of two (2) hours of straight-time compensation for each eight (8) hours of stand-by duty. Additionally, an employee who is standing by and is required to log onto the SCADA System shall be credited with a minimum of one-half hour work time or the actual time spent in system operation, whichever is greater. Said minimum will apply to each log-in provided that only one minimum will be credited during any thirty-minute period. S:\MOU's~003\TMEAMOU03FinaI.DOC 11 During the term of this agreement the parties will meet and review market comparison data on how standby pay is calculated in the survey cities and determine viable cost-effective alternatives for telephone calls received while an employee is on standby. Article 19. Call Back Duty. Employees shall receive a minimum of two (2) hours overtime compensation (time and one-half) for any call which requires them to return to duty. Article 20. Certification Pay. The City believes it is beneficial for the City and its employees when an employee enhances his/her skill set in a manner that adds useful education and/or additional skills to the City service beyond the minimum requirements of an employee's classification. Eligible certifications must be obtained by testing (certifications issued by virtue of grandfathering do not apply). It is the expectation that the employee participates in the training and/or classroom instruction necessary to achieve certification on the employees own time and at the employees own expense (classes may be eligible for reimbursement through the tuition reimbursement program). Eligible certifications must be obtained after employment (or after promotion), directly job related and specifically applicable to an employees' job assignment. Certification pay may be granted in an amount not to exceed a one-time incentive cash payment of up to $500 per certification for non-probationary unit employees. Administration, granting and amounts of certification incentive pay are at the sole discretion of City management. The cash incentive payment, less applicable taxes, will be made payable to the employee the first pay period after approval and submission of documentation suitable to the Director of Human Resources. The amount of the award and tax deducted will be included on the W-2 form issued to the employee. Required certifications currently are as follows: Building Inspector Lead Water Maintenance Worker Plan Checker Water Maintenance Worker I Water Maintenance Worker II Water Treatment Operator I Water Treatment Operator II Water Treatment Operator III Water Equipment Operator Associate Engineer ICC*/ICBO**-Building Inspection Certification CaDHS***- Grade D 2 ICBO/ICC - Licensed Plans Examiner CaDHS - Grade CaDHS - Grade CaDHS - Grade CaDHS - Grade CaDHS - Grade CaDHS - Grade CA Professional D1 D2 DI&T1 D2&T2 D3&T3 D2 EngineerRegistration S:~vlOU's~2003\TMEAMOU03FinaI.DOC 12 ICC*-International Code Council ICBO** - International Conference of Building Officials CaDHS***- California Department of Health Services The parties will continue to meet and confer over the development of certification pay for other unit classifications for certifications that are beneficial to the City and that exceed the requirements of a job and over eligible certifications and the incentive pay value of such certifications. Article 21. Educational Incentive Pay. Only employees receiving educational incentive pay as of July 1, 1989, shall be eligible for educational incentive pay as set forth in Article 17 of the March 31, 1987 M.O.U. The continuing education requirement remains the same; however, no employee shall be able to increase his/her amount of educational incentive pay after July 1, 1989 nor shall any additional employees after July 1, 1989, be eligible for educational incentive pay. Any employee who becomes ineligible for educational incentive pay shall not be able to requalify. Article 22. 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 and designated regular part-time employees shall be eligible for tuition reimbursement on a pro-rata share based upon allocation (i.e. a ¼ time employee shall receive a 50% allocation; a ~ time employee shall receive a 75% allocation) will be eligible for reimbursement of eligible expenses bythe City for professional and technical courses subject to the following conditions and related Council Policy statements: Ao Department Head and Director of Human Resources approval must be obtained before enrollment in the course. B, Reimbursement shall be of tuition fees, textbooks, lab fees, or reqUired supplies upon completion of the course with a satisfactory grade and after completion of the initial probationary period. Co Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. D. Reimbursement for up to seven hundred and fifty dollars ($750.00) each calendar year if the employee is attending a community college or one thousand five hundred dollars ($1,500.00) each calendar year if the employee is attending a four year college or university will be paid upon receipt by the Human Resources Department of proof of successful completion of the course and proof that payment of fees has been made. If an employee attends both a community college and four year college or university in a calendar year the maximum reimbursement shall be one thousand dollars ($1000.00). S:\MOU's~2003\TMEAMOU03FinaI.DOC 13 Article 23. Work Schedules. A! Subject to the conditions in this Article the City will continue the 9~80 work schedule, (in a 14-day work cycle the employee works eight 9-hour days where the scheduled work shift commences and ends at the same time each day, and one eight-hour work day, with one period of 3 consecutive days off and one period of two consecutive days off) for all employees. Bo Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. C, The City "Flexible Work Schedule Policy" will be amended to provide for a seven (7) day notice to affected employees prior to the revocation of a flexible work schedule and the clause, "subject to any modifications approved by the City Manager" will be deleted. Article 24. One-Half Hour Lunch: Field Services Employees. The City has agreed to Field Services employees taking a one-half hour lunch in the field. This is in recognition of the fact that the City anticipates increased efficiency, because, as a general rule, employees will not return to the Corporation Yard for the lunch break. Article 25. Commercial Driver's License. Employees in positions requiring that incumbents have a Commercial Driver's License will be reimbursed for the difference between the cost of the License and a regular non- commercial driver's license. Additionally, the City will provide training and pay for physical examinations necessary to obtain and maintain the Commercial Driver's License for incumbent non-probationary employees. The classifications required to maintain a California Class A or Class B license include (but are not limited to) Equipment Mechanic, Equipment Operator, Maintenance Worker, Maintenance Leadworker, Mechanics Helper, Senior Center Van Driver, Water Equipment Operator, Water Maintenance Leadworker, Water Maintenance Worker 1/11, Water Treatment Operator 1/11/111. Pursuant to State and/or Federal law, in the event an employee is unable to obtain and/or maintain the license required of his or her classification, the City will attempt to make appropriate accommodations if possible. S:\MOU's~003\TMEAMOU03FinaI.DOC 14 Article 26. Shift Differential. Any unit employee, assigned on a regular basis (ten or more continuous working days) to a shift, eight hours of which fall between the hours of 2:30 p.m. and 3:00 a.m. shall receive a shift differential of twenty-five dollars ($25.00) per pay period. The right to assign and/or reassign an individual to a particular shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the grievance and/or discipline appeals process. Article 27. Acting Pay. An employee assigned to work in a classification paid more than the classification he/she holds will receive a pay rate which is at least 5% higher than the rate he/she is normally paid. This rate will be paid after the employee has been in the assignment for - nine (9) consecutive calendar days. Acting pay shall only be provided if the employee is performing the full scope and functions of the higher-level classification. The City will provide Acting pay for one (1) Maintenance Worker performing sweeper operations in a "fill-in" capacity for no more than twenty-six (26) occurrences in Calendar year 2003. Article 28, Performance Evaluations. An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. An employee may appeal his/her performance evaluation to his/her Department Head (or other Department Head if the employees Department Head prepared the evaluation). During the scope of this agreement the Association shall participate in a Joint Labor Management Committee for the purpose of standardizing the forms and procedures used for Employee Performance Evaluations. Article 29. Appeals Procedure, PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS A. Pre-disciplinary Hearings An employee who has attained a regular appointment shall have the right to a pre- disciplinary hearing before his/her Department Head or designee whenever the employee may be subject t o a d emotion, n on-emergency suspension, o r n on- emergency dismissal. In the event of an emergency suspension or dismissal a hearing will be conducted by the Department Head or designee as soon as practicable after the action has been taken. S:\MOU's~003\TMEAMOU03FinaI.DOC 15 B. Procedure for Pre-disciplinary Hearings Notice of a proposed disciplinary action shall be provided to the employee including a statement of t he proposed action, t he reasons therefore, a nd a copy o f t he charges and materials upon which the action is based. The employee shall have ten (10) days to respond orally, in writing, or both to the charges. Within ten (10) days of the employee's response, s/he will be advised in writing of the City's decision. If the disciplinary action is upheld, the employee will receive a Notice of Disciplinary Action stating the action taken, the reasons therefore, and the employee's right to appeal. C. Post-Discipline Appeal Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal the action in writing to the City Manager. D. Effective Date of Disciplinary Action. The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a termination, the employee shall cease to be an employee of the City on the effective date of the termination. E. Calendar Days Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s). APPEALS PROCEDURE Al If a timely appeal is filed as provided in the GRIEVANCE PROCEDURE or PRE- DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS the City Manager may hear the appeal or appoint any City management/supervisory employee or arbiter to hear the appeal. a. An "arbiter" is a person with experience acting as a hearing officer on public employment issues. Any hearing conducted by an arbiter shall not be considered an arbitration as defined in Civil Code Section 1281.6. Gl In the event that the employee organization requests that an arbiter hear the appeal, such a request will be honored. The arbiter shall be chosen from a panel of 3 arbiters, which shall consist of 1 arbiter selected by the Association, 1 selected by the City and 1 selected through a drawing involving 6 names of arbiters (3 chosen by the association and 3 chosen by the City). The panel shall be used for all hearings conducted during the term of this agreement unless changed by mutual agreement of the City and Association. S:\MOU's~2003\TMEAMOU03FinaI.DOC 16 The first panel arbiter to be used will be selected by a drawing; thereafter the basis of selection will be rotation with the first arbiter placed in the number 3 position. Ow If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a written report outlining his/her findings, conclusions, and recommendations to the City Manager. Em Within ten (10) days of the receipt of the hearing officer's report or the conclusion of the hearing if it was conducted by the City Manager or his/her City appointee the City Manager shall provide his/her written decision to the employee. HEARINGS Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager provided that the parties may agree to a longer or shorter period of time. al All hearings involving disciplinary action against an employee shall be closed to the public unless the affected employee requests that the hearing be open to the public. Gl 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 rule, which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence. gl Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify in her/his own behalf, s/he may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. Upon the mutual agreement of the parties a court reporter will be engaged to record the hearing, provided that either party may engage a reporter with the understanding that there will be no cost to the other party. The hearing shall proceed in the following order, unless the hearing officer, for special reasons, otherwise directs: S:\MOU's~003\TMEAMOU03FinaI.DOC 17 Fi (1) Opening statements shall be permitted with the complainant proceeding first. (2) In the presentation of cases, the party bearing the burden of proof shall make the first presentation. If witnesses are called, the opposing party shall have the right to cross-examine the witnesses on any matter relevant to the issues, even though that matter was not covered on direct examination. (3) The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case. (4) Closing arguments and written briefs shall be permitted. (5) The hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. S/he shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason s/he believes to be important to reaching a fair and proper decision. (6) The hearing officer shall have no authority to amend, alter, or modify a Memorandum of Understanding or any sections of the City Personnel Rules and Regulations and shall limit his/her recommendations to the interpretation and application of the Memorandum of Understanding(s), agreement at issue and/or the City Personnel Rules and Regulations. (7) In appeals from disciplinary actions the hearing officer may recommend sustaining, rejecting or modifying the disciplinary action provided that s/he may not recommend discipline more stringent than that invoked by the City. The hearing officer's findings, conclusion and recommendations shall be filed with the City Manager, with a copy sent to the appellant and the Personnel Officer. The City Manager, in his/her sole discretion, may hear limited oral arguments and/or request written statements from either party on the hearing officer's findings, conclusions, and recommendations. The City Manager shall inform the appellant of his/her decision regarding the appeal within ten (10) days of the conclusion of the hearing or if the appeal is heard by a hearing officer other than the City Manager, within ten (10) days of the receipt of the hearing officer's report. The decision of the City Manager regarding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Manager's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. S:\MOU's~003\TMEAMOU03FinaI.DOC 18 If the City manager chooses to have the appeal heard by an arbiter the City shall bear the cost of the hearing up to a maximum of $1,000.00; any excess cost will be shared equally by the City and appellant. If the employee organization requested that an arbiter be appointed to hear the appeal the organization shall pay the cost of the hearing up to a maximum of $1,000.00; any excess cost will be shared equally by the City and organization. If either party'orders a transcript for their review, the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court reporter, the party responsible for the cancellation or postponement shall be solely responsible for payment of the fee. The arbiter shall submit his/her bills for services to the party, which is obligated to pay them pursuant to this section. Nm Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) days prior to the commencement of the hearing; after commencement, subpoenas shall be issued only at the discretion of the hearing officer. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the grievant and an authorized management representative. Article 30. Grievance Procedure. These procedures are established to provide for the resolution of grievances of unit employees. LIMITATIONS The procedures set forth in this Section shall apply to all grievances involving unit employees. Excluded from this procedure are grievances related to: 1. The amendment or change of City Council resolutions, ordinances or minute orders, which do not involve provisions of a Memorandum of Understanding (MOU), Personnel Rules and Regulations, or other agreements between the City and employee organization. 2. Position classification. DEFINITIONS 1. Grievance: An expressed claim that there has been a violation, misinterpretation, or misapplication of a provision of the Personnel Rules and Regulations or Memorandum of Understanding, or a violation or potential violation of state or federal law. 2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a provision of the Personnel Rules and Regulations, an agreement between the City and emploYee organization, Memorandum of Understanding or violation or potential violation of state or federal law. S:\MOU's~.003\TMEAMOU03FinaI.DOC 19 3. Grievance Procedure: The process by which the validity of a grievance is determined and resolution effected. 4. Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s). PROCEDURE Step 1. The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. The grievant shall state the facts necessary to an understanding of the issues involved; refrain from including any unrelated charges; cite the sections of the City resolutions, agreement, memorandum of understanding or rules alleged to have been violated and the remedy sought. The grievant shall submit the grievance form to his/her immediate supervisor, provided that if the employee suspects or has proof that a federal or state law is being violated or is about to be violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by employee organization representatives that involve issues potentially impacting the organization's rights or membership as a whole shall be filed at Step 3. Step 2. If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar days after receipt of the supervisor's response, submit the grievance to his/her Department Head. After receipt of the grievance, the Department Head will meet with the grievant and make such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the Department Head shall inform the grievant of his/her decision. Step 3. If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization grievances, the grievant may submit the grievance to the City Manager. Employee grievances are to be submitted within ten (10) days of receipt of the Department Head's decision. Such submittal shall include the original of the grievance form and a written statement of any issues that are in dispute. The City Manager has the sole. discretion to hear the grievance him/herself or appoint any City management/supervisory employee (except the employee's Department Head), or an arbiter, as defined in the Hearing and Appeals Procedures, to hear the grievance and submit a recommendation as to resolution of the grievance. Upon the request of the employee organization that an arbiter hear the grievance the City Manager shall honor the request with the grievance then being treated as an appeal to be processed in accordance with the Hearing and Appeals Procedures. S:\MOU's~003\TMEAMOU03FinaI.DOC 20 GENERAL PROVISIONS . Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the person or organization representative suspected as having violated provisions of the Personnel Rules and Regulations or Memorandum of Understanding. Upon a showing of good cause to the Human resources Director, such discussion may be waived between an employee and his/her immediate supervisor. Cause s hall include, b ut not b e limited to, situations wherein alleged inappropriate actions of the supervisor form the basis for the grievance and the employee has reasonable cause to believe that the supervisor would not be objective. , An employee may obtain a grievance form from his/her supervisor or the Human Resources department. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files. , No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. , Failure by management at any step of this procedure to communicate their decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step. 5. A grievant shall be entitled to be present at all steps of the procedure. o Failure by the grievant to appeal a decision on a grievance within the specified time limits shall be deemed acceptance of the decision rendered. o The time limits specified at any step in this procedure may be extended or reduced by written agreement of the grievant and an authorized management representative. EMPLOYEE REPRESENTATION . An employee may represent him/herself or be represented by a representative of the employee organization. , If an employee chooses not to be represented by .the employee organization and the subject of the grievance involves MOU or other provisions which have been negotiated between the City and the employee organization, the organization may have staff representatives present beginning with Step 3, and shall have the right to present the organization's interpretation of the provisions at issue. Such presentation shall not include comments regarding the merits of the grievance. S:\MOU's~003\TMEAMOU03FinaI.DOC 21 Article 31. Severance Pay and Assistance to Layoffees. Ae Severance pay of one week per year of service subject to a maximum of 4 weeks pay, will be provided to employees who are laid off and not offered employment through an agreement between a contractor and the City of Tustin. Bm Letters of recommendation will be provided for employees whose performance was satisfactory on the date of their layoff. Ce Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Article 32. Layoff Policy. Not withstanding the provisions of Section 10 b of the City's Personnel Rules and Regulations, the parties agree as follows with respect to Reductions-in-force or Layoffs: A. Definitions: Provisional- An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligible candidates. Original probationary period - An employee's first probation period during continuous city employment. Promotional probationary period - The probationary period served upon promotion from one City position to another. Seniority- Length of continuous service with the City of Tustin from date of hire into a regular position. Be Authority. The City Manager may lay off employees at any time for lack of work, budgetary reasons, technological changes or other City actions that necessitate a reduction in the work force. Gl Reduction-in-Force. When it becomes necessary to reduce the work force, the City Manager shall designate the position(s) or classification(s), and division(s), department(s), or other organizational unit(s)in which positions are to be eliminated. Contract and temporary employees i n t he same classification a s t he positions proposed for elimination within the affected organizational unit shall be laid off first. Probationary promotional employees who are laid off shall be returned to the position held upon their promotion. At least two weeks notice shall be given to any employee who is to be laid off. S:\MOU's~.003\TMEAMOU03FinaI.DOC 22 In the event the City decides to solicit proposals for work currently performed by employees and that decision could result in layoffs of employees the City shall give written notice to the Association and City employees in the designated organizational unit(s). Such notice shall include the same materials and be given at the same time such opportunity is provided to other bidders. D. Order of Layoff. o The names of all provisional and original probationary employees occupying positions in the affected class shall be listed in alphabetical order. The City Manager or his/her designee shall select from this list one employee, regardless of his/her place on the list, to be laid off for each position to be abolished. , If the positions to be abolished exceed the number of employees available for layoff after application of 1. above, a "Subject to Layoff List" shall be prepared. The list shall be composed of all permanent and promotional probationary employees in the class from which a position is to be abolished. Names of the employees shall be listed in reverse order of their lengths of City service; i.e., those having the least seniority will be listed first. For purposes of this section, time served on a military leave of absence shall be considered City service. , In selecting employees to be laid off, those employees at the top of the list shall be laid off first. When employees have equal seniority, the City Manager will select the employee to be laid off in consideration of the employee's past performance and in consultation with the concerned department head. , Deviation from this procedure is permitted when it can be clearly demonstrated that an employee possesses special skills and knowledge necessary to the efficient operation of City services. In this event, the City Manager may retain said employee over employees having more seniority provided that none of those having more seniority possess the same special skills and knowledge. o The names of laid off employees shall be listed on a reemployment list in the reverse order of their dates of layoff. Bumping Rights. Any employee subject to layoff who has held regular status in a position in the class series from which he/she is to be laid off may request placement in a position in the layoff class or a lower class in the class series. If such request is made, an Order of Layoff list consisting of the names of employees in the requested class and the employee requesting placement will be prepared and used in effecting a layoff consistent with provisions of this section. An employee who has been involuntarily transferred to a class from which a layoff is to be made shall have automatic "bumping rights" to his/her previous classification for up to one (1) year from the effective date of the transfer. S:\MOU's~.003\TMEAMOU03FinaI.DOC 23 FI Hi Continuation of Benefits. Employees who are laid off shall have their medical insurance benefits continued to the end of the second month following the date of their layoff if they are not covered by another medical plan at the time. Reemployment List. The name of every regular employee who is laid off shall be placed on a Reemployment List in reverse order of their dates of layoff. Names may be removed from a Reemployment List for any of the following reasons: ( 1 ) The expiration of eighteen (18) months from the date of placement on the list. (2) Reemployment in a permanent full-time position in a department other than that from which the employee was laid off. (3) Failure to respond within twenty one (21) calendar days of mailing of a registered letter regarding availability of employment. (4) Failure to report to work within fourteen (14) calendar days of mailing of a registered letter containing a notice of reemployment, absent mitigating circumstances. (5) Individual requests in writing that his/her name be removed from the list. Reemployment. (1) (2) Vacancies to be filled within a department shall be offered first to individuals on the Reemployment List who held a position in the same classification as the vacancy to be filled. A regular employee who has been laid off is reemployed in a permanent position within eighteen (18) months from the date of his/her layoff or termination shall be entitled to: (a) Buy back and thereby restore all general leave credited to the employee's account on the date of layoff or termination at the same rate as it was paid off. This restoration must be requested in writing within 30 days of returning to work and must be fully paid back within six (6) months of the return to work. (b) Restoration of seniority accrued prior to and accrued during layoff. (c) Credit for all service prior to layoff for the purpose of determining the rate of accrual of general leave. (d) Placement in the salary range as if the employee had been on a leave of absence without pay if he/she is reinstated to the same job classification from which he/she was laid off or terminated. S:~vlOU's~003\TMEAMOU03FinaI.DOC 24 (3) If the person who is reemployed has not satisfactorily completed the required probationary period in the department of appointment he/she shall serve a probationary period. Notices. All notices and requested actions referenced in this section shall be in writing and sent by Certified Mail or delivered personally to the addressee. All notices to the City shall be addressed to the City Manager. Employee shall be responsible for notification to the City of any address change and any such notice shall be served in accordance with this paragraph. In the event a reduction in force is necessary, a part-time employee may not displace a full- time employee. However, a full-time employee m ay displace a less senior part-time employee provided he/she is otherwise eligible to displace the less senior employee. Article 33. Contracting Out. If the City decides to contract out services performed by unit employees, the employees shall have the right to competitively bid to provide the services. The City shall provide employees with necessary information to facilitate such a bid. Article 34. Family Leave. Consistent with requirements of the Family Medical Leave Act employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of attending to personal or family illnesses. During the leave employees will continue to receive City medical contributions. For all other purposes, FMLA leave shall be treated the same as other unpaid leaves of absence. Article 35, Personnel Rules and Regulations. City resolution #88-103, shall be amended as follows: SECTION 8. ATTENDANCE & LEAVES, E. General Leave Delete the following paragraphs: (2) General leave may be accumulated to a maximum of twice the employee's annual entitlement. No general leave shall accrue beyond the authorized maximum. Employees shall be given until July 4, 1997 to use accumulated general leave before accrual ceases. Employees shall be given notices and reasonable time and opportunity to use the accumulated general leave thereafter. (4) General leave may not be used at the time of termination of employment and all accrued but unused general leave credits shall be paid off at the employee's current hourly rate except that no payment shall be made to an employee who has not completed six (6) months of continuous service, nor shall any payment be made for unused credits in excess of the maximum accrual of these rules. S :\MOU's~003\TM EAMOU03 Fin al. DOC 25 Add the following paragraphs: (2) Each calendar year employees may accumulate General Leave to a maximum of twice the employee's annual entitlement. Upon reaching the maximum the employee may continue to accrue General Leave until the end of the calendar year. During the first pay period of each calendar year all unused Leave in excess of the maximum shall be forfeited and no payment shall be made for the forfeited Leave. General Leave may not be used at the time of termination of employment. Upon separation from the City service the employee will be paid for unused Leave, not to exceed the maximum of two (2) years entitlement, at the employee's then current base salary rate. Employees shall be given notices and reasonable time and opportunity to use accumulated General Leave. (4) An employee with less than six (6) months of employment shall be advanced a maximum of twenty-four (24) hours of general leave that may be used for the employee's absence due to her/his illness, injury or incapacitation due to pregnancy. If an employee uses advanced leave and terminates prior to the completion of six (6) months of service, payment received for such leave shall be deducted from his/her final paycheck. SECTION 10, SEPARATION FROM THE SERVICE, C. Disability., shall be amended by adding; "City will make every reasonable effort to accommodate an employee with a disability that restricts his/her ability to perform his/her duties." SECTION 17, EMPLOYEE ORGANIZATIONS, shall be amended to provide that the City Council adoption of rules and regulations, as referenced therein, shall be preceded by compliance with the meet and confer requirements in the California Government Code, Section 3500 et seq. Article 36. Management Rights Clause. Except as otherwise specifically provided in this resolution, the Personnel Rules & Regulation and Department Regulations, and amendments and revisions thereto, will remain in force and effect, whether exercised or not, and they are the sole and exclusive rights and functions of management, including, but not limited to: The 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. S:\MOU's~2003\TMEAMOU03FinaI.DOC 26 The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. Nothing contained herein shall be construed as a waiver by the Tustin Municipal Employees Association of any right to meet and confer and/or represent its members pursuant to the Meyer-Milias-Brown Act or any other applicable State or Federal law. Article 37. AGENCY SHOP. LEGISLATIVE AUTHORITY The parties mutually understand and agree that as a result of State of California adoption of SB 739, all full-time and part-time benefited employees represented by the Tustin Municipal Employees Association have the right to join or not join the Association. However, the enactment of a local "Agency Shop" requires that as a condition of continuing employment, employees in the respective bargaining unit must either join the Association. or pay to the Association a service fee in lieu thereof. Such service.fee shall be established by the Association, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Association. Association Dues/Service Fees a) The Human Resources Office shall provide current full-time and part-time benefited employees and any full-time and part-time benefited employees hired thereafter, in the "General" employees representation unit, with an authorization notice advising them that Agency Shop for the Association has been enacted pursuant to state law and an agreement exists with the Association, and that all employees subject to the Agreement must either join the Association, pay a service fee to the Association, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee's signature authorizing a payroll deduction of Association dues, a service fee or a charitable contribution equal to the service fee if they qualify in accordance with Section 3. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to the City Human Resources Office. b) If the form is not completed properly or returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Association dues, service fee, or charitable contribution shall begin no later than the beginning of the first pay period commencing 14 calendar days after receipt of the authorization form by the employee. S:\MOU's~.003\TMEAMOU03FinaI.DOC 27 c) The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made. In the case of an employee in a non-pay status during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Association dues and service fees. Religious Exemption (a) Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall u pon presentation o f active membership in such religion, body, or sect, not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums equal to the dues, initiation fees or agency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following charities; United Way, Tustin Community Foundation, or Community Health Charities. Proof of the payments shall be made on an annual basis to the City as a condition of continued exemption from the requirement of financial support to the Association [Section 3502.5(c)]. (b) Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Association within 14 calendar days of receipt by the City. The Association shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be made by regular payroll deductions only. Rescission The agency shop provision in this Memorandum of Understanding may be rescinded by a majority vote of all the employees in the unit covered by the Agreement, provided that: (a) A request for such a vote is supported by a petition containing the signatures at least 30 percent of the employees in the unit; (b) The vote is by secret ballot; S:\MOU's~.003\TMEAMOU03FinaI.DOC 28 (c) The vote may be taken at any time during the term of the represented units memorandum of understanding, but in no event shall there be more than one recission vote taken during that term. Notwithstanding the above, the City and the Association may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement [Section 3502.5(d)]. (d) If a "recission vote" is approved by unit members during the term of a current memorandum of understanding, the Association agrees not to petition for or seek Agency Shop status for the duration of the current of the memorandum of understanding. Records The Association shall keep an adequate itemized record of its financial transactions and shall make available' annually, to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal Year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. Indemnification The Association shall indemnify, defend, and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation including claims relating to the Associations use of monies collected underthese provisions [Section 3502.5(b)]. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's compliance with the agency fee obligation, and the Association agrees to pay any attorney, arbitrator or court fees related thereto. Article 38. Due Process Rights. Due process rights mandated by California statutes or judicial direction will be observed in the taking of the disciplinary actions as contemplated in City Resolution #88-103, SECTION 8. ATTENDANCE AND LEAVES, A. Attendance. (4); SECTION 9. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT, C. Demotion., D. Suspension; and SECTION 10. SEPARATION FROM THE SERVICE, A. Discharge. and D. Disability. This article is not to be interpreted as depriving employees of other due process-rights mandated by California law. ArtiCle 39. Effective Date. All provisions set forth herein shall be effective as to unit employees of the City of Tustin as of January 16, 2003 unless specified otherwise. S:\MOU's~003\TM EAMOU 03 Final.DOC 29 Article 40. Application of Agreement. The parties agree that the term "employee" whbnever used herein, whether singular or plural, means and applies only to those employees of the City included within the representative unit, represented by Tustin Municipal Employees Association, and that this Memorandum covers only said employees. It is not solely limited to the members of the Tustin Municipal Employees Association. Article 41. 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 42. Severability. If any part of this Memorandum is rendered or declared invalid by reason of any existing or subsequently-enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this Memorandum shall not render invalid the remaining parts hereof. Article 43. 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, transfer or assignment of either party hereto. Article 44. Ratification. This memorandum contains all the terms and conditions agreed to between the parties. The memorandum shall be of no force or effect unless and until duly approved, adopted, ratified, and agreed to by the City Council of City, or in alternative, that all of the substantive provisions contained herein are adopted by Resolution of the City Council. Article 45~ Amendments. This memorandum can be altered or amended only by written agreement between the parties hereto. Article 46. Notices. Notices hereunder shall be in writing, and if to Tustin Municipal Employees Association, shall be mailed to Tustin Municipal Employees Association, cio President, 300 Centennial Way, Tustin, CA 92780; and, if the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 91780. S:\MOU's'~.003\TMEAMOU03 Final. DOC 30 Article 47. Subject to State Law. Any provisions contained in this agreement to the contrary notwithstanding, the parties expressly understand and agree that City shall not be required to provide any compensation, fringe, or other benefits to employees which are contrary to any provisions of State law and/or which will or may result in any limitation, disability or restriction upon the right of City to receive funds, share in funds, and/or receive other benefits from the United States of America, State of California, or any subdivision or agency of either of them or any other political subdivision or entity. Article 48. Entire Agreement. This Agreement, upon ratification, supersedes all prior agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term unless otherwise expressly provided herein. The City and the Association, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to a ny subject o r matter covered i n t his Agreement, including the impact of the City's exercise of its rights as set forth herein on wages, hours or terms and conditions of employment. This paragraph does not waive the right to bargain over any subject or matter not covered in this Agreement which is a mandatory subject of bargaining and concerning which the City is considering changing during the term of this Agreement. Article 49. Contract Bar. The recognition rights of Tustin Municipal Employees Association shall not be subject to challenge for a period of not less than twelve (12) months following the date of recognition or until the expiration of this Memorandum of Understanding, whichever is later; provided that recognition rights may be challenged between one hundred and twenty (120) and one hundred and fifty (150) days prior to the expiration of the Memorandum of Understanding and that no Memorandum of Understanding shall be construed to be a bar for a period of more than three (3) years. Existing Memorandums of Understanding shall remain in effect even when the recognition rights of employee organizations are changed in accordance with the provisions of this section. Article 50. Meetings. o TMEA shall be entitled to two (2) Citywide membership meetings each calendar year. These meetings are in addition to the Memorandum of Understanding ratification meeting allowed TMEA. TMEA shall provide a minimum of two (2) weeks advance notice to the City of such meetings. Employees will be allowed up to one (1) hour of release time to attend each such meeting. S:\MOU's~2003\TMEAMOU03FinaI.DOC 31 , Employees who are invited by the City to attend meetings during working hours that are designed to promote effective communication and cooperation between the City and TMEA shall receive paid release time for their attendance. Article 51. Dues Check-off. Consistent with current practice, the City shall continue to deduct Association dues from member paychecks and forward the dues to the Association. Article 52. Term of Agreement. The term of this agreement shall be from the date of its execution to and including December 31, 2003. IN WITNESS WHEREOF, the parties hereto have executed this document this January, 2003. day of CITY OF TUSTIN BY TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION BY William A. Huston, City Manager Robin Mundy, President Arlene Marks, Director of Human Resources Brian McNamara, Vice President Ron Nault, Director of Finance Julie Interrante, Board Member Tim Serlet, Director of Public Works Mario Medina, Board Member S:\MOU's~003\TMEAMOU03FinaI.DOC 32 APPENDIX A TUSTIN MUNICIPAL EMPLOYEE'S ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE PAY PERIOD 3 CALENDAR YEAR 2003 Classification Accounting Specialist Administrative Secretary Assistant Engineer Assistant Planner Associate Engineer Associate Planner Building Inspector Building Technician Business License Technician Clerk Typist Code Enforcement Officer Community Service Assistant Custodian Deputy City Clerk Draftsperson Engineering Aide Equipment Mechanic Equipment Operator Information Technology Specialist Intermediate Clerk Typist Junior Engineer Maintenance Leadworker Maintenance Worker (A-E Steps) Maintenance Worker (F-G Steps) Management Analyst Mechanics Helper Office Clerk Office Support Specialist Payroll Specialist Plan Checker/Sr. Bldg Inspector Plan Checker Project Manager Public Works Inspector Redevelopment Project Manager Reproduction Operator Senior Management Analyst Sport Field Specialist Sr. Accounting Specialist Water Billing Sr. Accounting Specialist Water Maintenance Leadworker Water Maintenance Worker (A-E Steps) Water Maintenance Worker (F-G Steps) Water Maintenance Worker II Water Treatment Operator I Water Treatment Operator II/111 Range A B C # 445 489 658 592 709 633 593 475 469 415 577 469 454 582 519 558 532 523 584 433 619 55O 461 499 584 46O 415 469 469 658 658 726 595 726 415 645 452 524 524 55O 461 499 TBD 55O TBD $2.666 $2 975 $4 538 $3 848 $5 154 $4 263 $3 858 $2.873 $2 83o $2 473 $3 707 $2.830 $2.726 $3 753 $3 207 $3 535 $3 313 $3 239 $3 772 $2.587 $4 117 $3 465 $2 774 X $3 772 $2 768 $2 473 $2 83o $2 830 $4 538 $4 538 $5.377 $3 877 $5 377 $2 473 $4 393 $2 713 $3247 $3.247 $3 465 $2 774 X $3,465 $2,802 $3,128 $4,770 $4,045 $5,418 $4,481 $4,o55 $3 020 $2 975 $2 600 $3 897 $2 975 $2 866 $3 945 $3,371 $3 716 $3 482 $3 405 $3965 $2,720 $4 327 $3 642 $2 917 X $3,965 $2,909 $2,600 $2,975 $2,975 $4,770 $4,770 $5,653 $4,076 $5,653 $2,600 $4,618 $2,852 $3,413 $3,413 $3,642 $2,917 X $3,642 $2 946 $3 288 $5 014 $4.252 $5 695 $4 711 $4 263 $3 175 $3 128 $2,733 $4 096 $3 128 $3 013 $4, 48 $3 544 $3 906 $3 661 $3 579 $4 168 $2 859 $4.549 $3 829 $3 066 X $4 168 $3 o58 $2 733 $3 128 $3 128 $5 014 $5 014 $5 942 $4 284 $5 942 $2 733 $4 854 $2 998 $3588 $3 588 $3 829 $3 066 X $3,829 $3,097 $3,456 $5,271 $4,470 $5,987 $4,952 $4,481 $3,338 $3,288 $2 873 $4 306 $3 288 $3 167 $4 360 $3 725 $4 106 $3 848 $3 763 $4 382 $3 oo5 $4 782 $4 o25 $3 223 $3 544 $4 382 $3 215 $2 873 $3 288 $3 288 $5 271 $5,271 $6 247 $4 504 $6 247 $2 873 $5 103 $3,151 $3,772 $3,772 $4,025 $3,223 $3,544 $4,025 $3,255 $3,633 $5,541 $4,699 $6,294 $5,2O6 $4,711 $3,509 $3,456 $3,020 $4,526 $3 456 $3 329 $4~583 $3 916 $4 317 $4 o45 $3 955 $4.606 $3.159 $5 027 $4 231 $3 388 $3 725 $4 606 $3 38o $3 o2o $3,456 $3,456 $5,541 $5,541 $6,567 $4,734 $6,567 $3,020 $5,364 $3;313 $3,965 $3,965 $4,231 $3,388 $3,725 $4,231 S:\MDCorrespondence\TMEAMOU03FinaI.DOC 33 APPENDIX B TUSTIN MUNICIPAL EMPLOYEE'S ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE June 30, 2003 Classification Range A B C # Accounting Specialist 453 Administrative Secretary 497 Assistant Engineer 666 Assistant Planner 600 Associate Engineer 717 Associate Planner 641 Building Inspector 601 Building Technician 483 Business License Technician 477 Clerk Typist 423 Code Enforcement Officer 585 Community Service Assistant Custodian Deputy City Clerk Draftsperson Engineering Aide Equipment Mechanic Equipment Operator 531 Information Technology Specialist 592 Intermediate Clerk Typist 441 Junior Engineer 627 Maintenance Leadworker 558 Maintenance Worker (A-E Steps) 469 Maintenance Worker (F-G Steps) 507 Management Analyst 592 Mechanics Helper 468 Office Clerk 423 Office Support Specialist 477 Payroll Specialist 477 Plan CheckedSr. Bldg. Inspector 666 Plan Checker 666 Project Manager 734 Public Works Inspector 603 Redevelopment Project Manager 734 Reproduction Operator 423 Senior Management Analyst 653 Sport Field Specialist 460 Sr. Accounting Specialist Water Billing 532 Sr. Accounting Specialist 532 Water Maintenance Leadworker 558 Water Maintenance Worker (A-E Steps) 469 Water Maintenance Worker (F-G Steps) 507 Water Maintenance Worker II TBD Water Treatment Operator I 558 Water Treatment Operator II/!11 TBD $2,720 $3,035 $4,629 $3,926 $5,258 $4,349 $3,936 $2,931 $2,888 $2,523 $3,781 $2 859 $3 191 $4,866 $4 127 $5 527 $4 572 $4 137 $3.081 $3 035 $2 652 $3 975 $3,005 $3,354 $5,115 $4,338 $5,81o $4,806 $4,349 $3,239 $3,191 $2,788 $4,179 477 $2,888 $3 462 $2 781 $2 590 $3.829 $4 527 $3 272 $3 566 $3 606 $3 540 $3 380 $3 035 $3,191 924 $3,O74 O25 $4,231 439 $3,615 791 $3,985 553 $3,735 $3,304 $3 848 $2 639 $4 2OO $3 535 $2 83o x $3,848 $2,823 $2,523 $2,888 $2,888 $4,629 $4 629 $5 486 $3 955 $5 486 $2 523 $4 481 $2 768 $3 313 $3 313 $3,535 $2830 X $3,474 $4,045 $2,774 $4,415 $3,716 $2,975 X $4 045 $2 968 $2 652 $3 035 $3 035 $4.866 $4866 $5 767 $4 158 $5 767 $2 652 $4 711 $2 909 $3 482 $3 482 $3 716 $2 975 X $3,652 $4,252 $2,917 $4,641 $3,906 $3,128 X $4,252 $3,120 $2,788 $3,191 $3,191 $5,115 $5,115 $6 O62 $4 371 $6 062 $2 788 $4 952 $3 o58 $3,661 $3 661 $3 906 $3 128 X D E $3 159 $3 526 $5 377 $4 560 $6 108 $5 052 $4 572 $3 405 $3 354 $2 931 $3,321 $3,707 $5,653 $4,794 $6,421 $5,311 $4,8O6 $3,579 $3,526 $3,081 $4 393 $4 $3354 $3 $3,231 $3 $4,448. $4 $3,800 $3 $4,189 $4 $3,926 $4 $3,839 $4 $4 470 $4 $3 $4 $4 $3 $3 $4 $3 $2 $3 $3 $5 $5 $6 $4 $6 $2 $5 $3. $3 $3 $4 $3 $3 618 526, 396 676 995 4O4 127 O35 699 O66 878 106 288 615 470 28O 931 354 354 377 377 .373 595 373 931 206 215 848 848 106 288 615 $3 223 $5.128 $4 317 $3 456 $3 800 $4.699 $3.448 $3,081 $3 526 $3 526 $5 653 $5 653 $6 699 $4 83o $6 699 $3,081 $5,472 $3,38O $4 o45 $4 o45 · $4 317 $3 456 $3 800 $3,535 $3,716 $3,906 $4,106 $4,317 S:\MDCorrespondence\TMEAMOU03 Final. DOC