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RES 03-03RESOLUTION NO. 03-03 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 POLICE SUPPORT SERVICES 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 Police Support Services Association, hereinafter referred to as "TPSSA", have met and conferred in good faith in accordance with the requirements of the Meyers- Milias-Brown Act; and WHEREAS, the City and TPSSA have reached agreement on wages, salaries, fringe benefits and conditions of employment effective March 4, 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 March 4, 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shall become.effective on March 4, 2003, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded.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 3rd day of March, 2003. CITY CLERK City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) RESOLUTION NO. 03-03 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- 03 was adopted at a regular meeting of the City Council held on the 3rd day of March, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: WORLEY, KAWASHIMA' BONE, DAVERT, THOMAS NONE NONE NONE Pamela Sto'~r, Cit"~ Clerk MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE SUPPORT SERVICES ASSOCIATION TERM: MARCH 4, 2003 TO DECEMBER 31, 2003 S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 1 of 31 TABLE OF CONTENTS Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article'9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. Article 31. Article 32. Article 33. Article 34. Article 35. Article 36. Article 37. Article 38. Article 3'9. Article 40. Article 41. Article 42. Article 43. Article 44. Article 45. Article 46. Article 47. Article 48. Article 49. Attachment Attachment Represented Classes ............................................................................................... 3 Compensation ................................................................................. : ........................ 4 Probationary Period ................................................................................................. 6 Uniforms .................................................................................................................. 6 Bilingual Compensation ............................................................................................ 6 Retirement ............................................................................................................... 6 Overtime Compensation ........................................................................................... 7 Employee Life Insurance .......................................................................................... 7 Flexible Benefits Plan ............................................................................................... 7 Consolidated Omnibus Reconciliation Act of 1985 .................................................. 8 Retiree's Health Insurance ...................................................................................... 8 Bereavement Leave ................................................................................................. 9 Attendance ............................................................................................................... 9 Holidays ................................................................................................................... 9 General Leave ....................................................................................................... 11 Other Leaves ......................................................................................................... 11 LTD Leave of Absence and Shod-term/Long Term Disability Program ................... 12 Compensatory Time ............................................................................................... 13 Rest Periods .......................................................................................................... 13 Leaves ................................................................................................................... 14 Stand-by Duty ........................................................................................................ 14 Call Back Duty ....................................................................................................... 14 Tuition Reimbursement .......................................................................................... 14 Work Schedule ....................................................................................................... 15 Shift Differential ...................................................................................................... 15 Acting Pay .............................................................................................................. 15 Lunch Break .......................... ; ................................................................................ 16 Training Pay ........................................................................................................... 16 Performance Evaluations ....................................................................................... 16 Appeals and Hearings ............................................................................................ 16 Grievance Procedure ............................................................................................. 20 Severance Pay and Assistance to Layoffees .......................................................... 23 Layoff ..................................................................................................................... 23 Family Leave .......................................................................................................... 23 Management Rights Clause ................................................................................... 23 Employee Rights .................................................................................................... 24 Due Process Rights ............................................................................................... 25 Application of Agreement ....................................................................................... 25 Gender ................................................................................................................... 25 Severability ............................................................................................................ 25 Binding on Successors ........................................................................................... 25 Ratification ............................................................................................................. 25 Notices ................................................................................................................... 25 Subject to State Law .............................................................................................. 26 Entire Agreement ................................................................................................... 26 Membership Meetings ............................................................................................ 26 Agency Shop .......................................................................................................... 27 Reopener ............................................................................................................... 29 Term of Agreement ................................................................................................ 29 A- SALARY SCHEDULE EFFECTIVE MARCH 10, 2003 ................................................ 30 B - SALARY SCHEDULE EFFECTIVE JUNE 30, 2003 ................................................... 31 S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 2 of 31 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES ASSOCIATION March 4, 2003 through December 31, 2003 WHEREAS, in accordance with the provisions of th'e California Government Code Sections 3500 et.seq, and Section 17 of the Personnel Rules and Regulations of the City of Tustin, hereinafter ",City," the City's representatives have met and conferred in good faith with representatives of the Tustin Police Support Services Association, hereinafter "Association" pertaining to the subject of employee wages, benefits and conditions of employment; and WHEREAS, the meetings between the Association and City representatives have resulted in an agreement and understanding to recommend that the employees represented by the Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions said changes to the wages, hours, and conditions of employment.. WI T-N E S S E TH WHEREAS, the Association is the majority representative of City employees in the representation unit, titled Police Non-Sworn, comprised of all full-time non-sworn, non- administrative, and non-management employees of the Police Department, City of Tustin for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative the Association is empowered to act on behalf of all employees in the unit, whether or not they are individually members of the Association. Article 1. Represented Classes. The classifications that comprise the Police Non- Sworn Representation Unit are as follows: Communications Officer I Police Services Officer I Police Services Officer III Property & Evidence Technician Communications Officer II Police Services Officer II Police Support Specialist Property & Evidence Leadworker Records Clerk II The classification of Records Clerk II shall be discontinued effective March 10, 2003. Incumbents occupying this classification shall be reclassified to Police Support Specialist and "Y" rated at their current salary. Part-time regular classifications, designated pursuant to the annual budget, listed below shall be covered by this agreement: NONE S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 3 of 31 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 pay period beginning March 10, 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. Effective June 30, 2003, the base salary rates of all represented classifications, and of all bargaining unit employees (other than those who have been "Y" rated), shall be increased by two percent (2%) as listed in Appendix B of this agreement A. 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 of the class to which he is promoted. B. The preparation of the City's compensation plan, as related to those classifications represented by TPSSA, as described in Section 4 of the City's Personnel Rules and Regulations shall be subject to the meet and confer process. C. Unit employees shall be paid their earned salary on a bi-weekly basis. D,, Any bargaining unit employees shall have as a salary review date the date upon which he or she shall next be eligible for consideration of a merit step increase. However, any approved leaves of absence exceeding fifteen (15) work days will result in the establishment of a new review date. Such date shall be based on the existing salary review date plus the number of calendar days of leave of absence in excess of fifteen (15) work days. Salary adjustments such as normal increases and promotions shall be made at the start of the pay period closest to the employee's salary review date unless otherwise authorized by the Human Resources Director. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 4 of 31 E. All bargaining unit employees may be considered eligible for increases in salary according to the following: 1. The letters A, B, C, D, and E respectively denotes the various progressive steps in the pay range. . 2. Employee shall be eligible to move from salary step "A" to salary step "B" upon completion of six months of employment where the employee has demonstrated satisfactory performance. . 3. Employee shall be eligible to move from salary step "B" to salary step "C" and thereafter to each step through the final salary step in the employee's salary range upon completion of one year at the salary step where the employee has demonstrated satisfactory performance. 4. For all employees eligible to advance between salary steps the Department Head shall submit to the Human Resources Department a written evaluation and recommendation to approve, delay, or deny the advancement. All advancements between salary steps are subject to approval by the Human Resources Director. F. Salary on Demotion, Transfer or Reassignment 1. A bargaining unit employee subject to an involuntary demotion shall have his/her new salary set at the highest step for the classification demoted to closest to the step within the range of the classification to which he/she is demoted minus five percent (5%). In the event the involuntary demotion occurs during a promotional probationary period, and the employee returns to his/her prior classification, the employee shall have his/her salary set at the same step earned prior to the promotion. Demoted employees shall be eligible for their next merit increase at their next salary review date which existed prior to the demotion. · Employees being demoted pursuant to a "Y" rating agreement between the City and TPSSA may by mutual agreement of the parties retain their current salary level until such time as the salary range for the classification demoted to becomes equal to or greater than their "Y" rated salary. Said employees shall retain their existing salary review date. 2. A regular employee who is demoted shall not be required to serve a new probationary period, except that if demoted to a class in which the employee has no previous experience a probationary period of one year will be required. 3. An employee who is transferred shall continue to receive the same salary rate and his/her salary review date shall not change. S:\MOU'$\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 5 of 31 4. When a classification is reassigned to a higher salary range the salary of each incumbent on the effective date of the reassignment shall be moved to the step with the closest corresponding hourly rate in the new range and the salary review date shall not change. Article 3. Probationary Period. Each bargaining unit employee shall be subject to an original and promotional probationary period of one .year. The Department Head may recommend to the Human Resources Director to extend for a period not to exceed ninety (90) days the probationary period of any unit employee. A unit employee rejected during a promotional probationary period shall be reinstated to the position and status from which promoted unless the employee is being discharged for cause. Employees being disciplined for cause during a promotional probationary period shall have the right of appeal using the existing disciplinary appeals procedure. Any leave of absence without pay exceeding fifteen (15) work days may cause the employee's probationary period r to be extended by the number of work days of such leave that are in excess of fifteen (15) days. Article 4. Uniforms. The City will provide a uniform maintenance allowance of two- hundred and fifty dollars ($250.00) annually for those employees required by the City to wear uniforms full time. A unit employee who wears a uniform half-time shall be compensated at fifty percent, an annual amount of one hundred and twenty-five dollars ($125.00) Article 5. Bilinqual 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 6. Retirement. A. The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirement SYstem (PERS) in the amount equal to seven percent (7%) of the employee's "compensation ea, rnable". 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. Employees serving in a classification covered by this agreement participate in the PERS 2% @ 55 Supplemental or Modified Formula for Local Miscellaneous Members which includes one-year final compensation (final compensation calculated using the last, or highest, twelve consecutive monthly pay rates) and the 3rd level of 1959 Survivor Benefits. B, Designated regular part-time unit employees shall be eligible for participation in PERS in the same manner as regular full-time employees. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 6 of 31 C. The employee is required to pay the cost of the employee share of 3rd Level, 1959 Survivor Benefits Premium. Article 7. Overtime Compensation. All represented 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. Article 8. Employee Life Insurance. City will provide life insurance on each life of each regular, permanent full-time, non-administrative, non-Confidential, non- management general 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 unit employees shall be eligible for employee life insurance on a pro-rata share based upon position 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). Article 9. Flexible Benefits Plan. The Flexible Benefits Plan will be as follows: A Each active full time unit employee shall receive a one-time flexible benefit adjustment of $143.00. Said- adjustment will be included with the paycheck to issue March 14, 2003. B. Flexible Benefits Contribution per month per eligible employee: Effective with the paycheck to isSue March 14, 2003 Employee Only Employee + 1 Dependent Employee + 2 or more Dependents $372 $568 $744 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 I,~ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). C, 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 and dental 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 ½ time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 7 of 31 D. 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 medical and dental insurance (employees may opt out pursuant to evidence of satisfactory coverage) with premiums to be paid out of their.contribution and $16 of the contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following programs: 1. 2 3. 4. 5. 6. 7. 8. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Program. Dependent Dental Insurance Additional Life Insurance Vision Insurance Deferred Compensation Section 125 Dependent or Medical Care Reimbursement Programs 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. 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. Article 10. Consolidated Omnibus Budget Reconciliation Act of 1985. Employees who are allowed to remain on a City health, dental or other insurance plan following separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), may be charged the maximum rate permissible by law for such coverage (presently 102% of the premium for an active employee). Article 11. 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. TPSSA 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. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 8 of 31 Article 12. Bereavement Leave. City will allow up to three (3) days with pay for the purpose of bereavement leave for all non-administrative, non-confidential, and non- management general 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. Article 13. Attendance. All bargaining unit employees shall be in attendance at work in accordance with the City's and/or Department's rules regarding hours of work, holidays, and leaves. Any employee who is absent from duty shall report the reason for such absence to the Department Head or his/her immediate supervisor prior to the absence as much in advance as possible and in no case later than two (2) hours before the beginning of the employee's scheduled work shift. Absences not reported in such a manner may be considered absence without authorized leave. A deduction of pay may be made for the duration of any absence without authorized leave. Upon return to work, such absence shall be justified to the Department Head who shall consider the need for disciplinary action or to approve the absence as unavoidable and allow the employee to make up the lost time or cover it with general leave. Failure of an employee absent without leave and without reasonable cause to report to work for three (3) consecutive scheduled work days may be cause for immediate discharge. Continuous service for advancement within a salary range shall be considered as interrupted if the employee experiences a leave of absence without pay in excess of fifteen (15) work days. No absence with pay shall be considered an interruption of an employee's continuous service and shall not be deducted in computing total city service time. Article 14. Holidays. The following days shall be holidays for which full-time regular and probationary employees, in permanent positions, 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 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 S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 9 of 31 A.. When a holiday falls on a Sunday, the following Monday will be observed instead. When a holiday falls 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 Personnel Officer, best 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 would receive for his regular shift. B. In December of each year, each regular and promotional probationary employee may request a cash out of his/her holiday credit for the following year in lieu of having time off. The employee must have general leave accrued in an amount equivalent to the holiday cash out requested to be eligible for full payment of the advanced holiday payment in January. In the event the employee does not have the required hours in his/her General Leave bank, pursuant to the City's leave report for pay period 25 of each Year, the advance holiday payment shall be made in January (Jan - September holidays) and October (October- Dec holidays) of each year. C. The request may only be for all cash, or all General Leave. This notification shall be in writing and is irrevocable. In the event that an employee separates from service and has used and/or been paid for holidays in excess of the pro-rata earned hours per month, the overage shall be deducted from his/her final check. D. In the event an employee is on leave, or is not otherwise eligible to receive a paid holiday, and has received advance holiday pay, the City shall reduce the employees' leave bank(s) the amount of hours of any unearned holiday previously paid on the payroll immediately following the holiday (or as soon as the overpayment is discovered). E. The City will explore if these payments can be made as a separate payroll in an effort to assist in reducing immediate tax liability. F. Consistent with Sections B and C above, the City will offer a one-time holiday payout election for the remaining 9 hours of holiday for calendar year 2003 on April 1,2003 with the payout to occur with the check issue date of May 9, 2003. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 10 of 31 Article 15. 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 A. 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. 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. B. Designated regular part-time unit employees shall be eligible for the general leave on a pro-rata share based upon position. C,, Pay in lieu of General leave, up to accrual limits, will be granted upon termination of City employment or upon a finding of hardship by the City Manager. D. The taking of General Leave for reason other than non-job related illness or injury must be approved by the Department Head and due regard shall be given to the employee's preference in scheduling such paid leave time. Article 16. Other Leaves. A. Jury Duty Leave - All bargaining unit employees on jury duty leave will receive full City salary (for days served on during their regular work day/schedule). The employee will turn over all amounts payable to the employee by the courts for jury duty except for mileage and subsistence reimbursement. B, Industrial Disability Leave - All bargaining unit employees who are unable to perform the essential functions of their classification and assignment by reason of job-related injury or illness as contemplated by the Workers' Compensation laws of the State of California shall be paid: 1. Full salary and benefits to a maximum of three (3) months if they have less than three (3) full years of City service. 2. Full salary and benefits to a maximum of six (6) months if they have three (3) or more full years of City service. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 11 of 31 3. Ali other benefits as prescribed under the Workers' Compensation laws of the State of California. 4. Benefits will be terminated upon any of the following: a) Employee returns to duty. b) Temporary disability payments are terminated by means of an agreed settlement or permanent disability rating. c) Employee retires from City service. Whichever occurs first. Article 17. 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 one (1) year. Employees remaining on long term disability benefits longer than one year may receive a leave extension of up to an additional six (6) months with City Council approval. An employee on leave pursuant to this section shall be reinstated to his/her position held immediately prior to the disability leave, provided said position has not been eliminated due to a reduction in force, pursuant to receiving a release to return to unrestricted and unmodified duty by the employee's attending physician. Nothing contained in this Article is intended to conflict with or waive employee rights under State or Federal law including the Americans with Disabilities Act. Short-term/Lonq-term Disability Program A. 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 calendar day waiting period. Eligibility for benefits is subject to the STD/LTD carrier. B. All unit employees are required to participate in the program; currently 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 calendar 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 calendar 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. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 12 of 31 E. 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. F. In the event a new (employed less than 12 months) employee is not eligible for FMLA, the City's will provide the employee the same flexible medical benefits as provided while working for a period not to exceed 90 days. G. 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. H. 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. I. 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, pursuant to a Workers' Compensation injury/illness, has previously received payment by the City, under the terms of a settlement, for the same illn_ess/injury, the employee shall not be entitled to paid leave or continued benefits under sub-section "D". K. At the time of the STD/LTD program's next renewal, the City shall request bids for a program that provides income replacement at both 60% and at 66 2/3% of pre- disability earnings. Article 18. 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 19. Rest Periods. Unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their work shift. Employees are encouraged to take their rest breaks. In the event an employee is unable to take his her/break(s), and is required to work through his/her breaks(s), the employee shall confirm the necessity of working through his/her break(s) with the immediate supervisor who shall then authorize equivalent compensation for the break(s) missed. The employee shall complete his/her timecard and all necessary paperwork so that the employee receives the additional compensation, which was approved by the immediate supervisor who confirmed the necessity of working through the break(s). No employee shall be intimidated, coerced, or discriminated against for exercising his/her entitlement to rest periods or for seeking direction from the immediate supervisor on working through rest breaks(s). S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 13 of 31 Article 20. 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 21. Stand-by Duty. Employees assigned to stand-by duty shall be compensated at the rate of one (l) 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. Standby duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours straight time for morning (a.m. hours) appearances and two (2) hours straight time for afternoon (p.m. hours) appearances. If a scheduled stand by is canceled and the employee is not advised of the cancellation before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the employee prior to 6:00 p.m. on the day prior will negate the two hours of standby pay. Employees who are scheduled for standby shall advise the department of a telephone number where they can be either reached or a message can be left to advise them of a cancellation. Article 22. 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 23. 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 by the City for professional and technical courses subject to the following conditions and related Council Policy statements: A, Department Head and Human Resources Director 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 the completion of the initial probationary period. C, Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 14 of 31 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 th.e maximum reimbursement shall be one thousand dollars ($1000.00). Article 24. 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 except Communications Officers, Records Clerks or designated Police Services Officer who work either a 3/12.5 schedule, (in a 14-day work cycle there are 6 work shifts divided into 3 consecutive shift segments with each shift consisting of 12 hours work time and 1/2 hour lunch period plus 1 work shift of 8 hours work time and 1/2 hour lunch period) or 4/10 work schedule, (in a 7-day work cycle the employee works four 10-hour days where the scheduled work shift commences and ends at the same time each day, with three consecutive days off) or some other schedule upon mutual agreement of the City and employee. Continuation of the schedules are subject to needs of the City provided that if a 4/10 or 3/12.5 work schedule is discontinued, affected employees will be-placed on the 9/80 schedule. Upon mutual agreement of the City and employee, schedules other than those defined herein may be implemented. B, Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. Article 25. Shift Differential. Any unit employee assigned on a regular basis (ten or more continuous working days) to a shift that requires the employee to work hours after 8:00 p.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 26. Actinq 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 thirty (30) consecutive calendar days. In no event shall the acting pay rate exceed the highest step in the range in which the employee is acting nor shall the acting pay be less than then the lowest step of the of the range in which the employee is acting. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 15 of 31 Article 27. Lunch Break. An employee required to work through his/her lunch shift shall complete his/her timecard and all necessary paperwork so that the employee receives the appropriate pay for time worked pursuant to the Fair Labor Standards Act. Any employee required to monitor a radio or telephone during his/her lunch break shall be considered on paid status during the lunch break and shall be paid for said time. No employee shall be restricted to any specific area or location during a non-paid lunch break. Interruption of the employee's non-paid lunch break shall require payment for the full lunch break or the granting of an additional thirty (30) minute non-paid lunch break during the work shift. No employee shall be intimidated, coerced, or discriminated against for exercising his/he entitlement to lunch breaks as provided for in this Article. Article 28. Training Pay. Unit employees in non-lead classifications assigned to train a Communications Officer, Police Support Specialist, Property and Evidence Technician and/or a Police Services Officer, shall receive in addition to their regular compensation training pay (during the time assigned to train) at the rate of $23.08 per pay period. The City has the absolute discretion regarding the assignment and reassignment of employees as a trainer. Any such assignment is not vested and may be revoked at any time without cause and without any right to challenge such action pursuant to the City's grievance appeal procedure. It is the responsibility of an employee in a lead classification to provide leadership and training without additional compensation. Article 29. 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. Article 30. Appeals and Hearinqs. 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 to a demotion, non-emergency suspension, or non- 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\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 16 of 31 B. Procedure for Pre-disciplinary Hearings Notice of a proposed disciplinary action shall be provided to the employee including a statement of the proposed action, the reasons therefore, and a copy of the 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 A, 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, B. 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. C. 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. 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. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 17 of 31 D, 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. E. 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 A. 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. B. 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. C. 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. D, 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. E, The hearing shall proceed in the following order, unless the hearing officer, for special reasons, otherwise directs: (1) Opening statements shall be permitted with the complainant proceeding first. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 18 of 31 (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. F. 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\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 19 of 31 G, 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. H. 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. I. 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 31. 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\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 20 of 31 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\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 21 of 31 GENERAL PROVISIONS 1, 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 hisiher immediate supervisor. Cause shall include, but not be 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. 2 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. 3, No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. 4, 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. 6 Failure by the grievant to appeal a decision on a grievance within the specified time limits shall be deemed acceptance of the decision rendered. 7. 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 1, An employee may represent him/herself or be represented by a representative of the employee organization. 2, 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\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 22 of 31 Article 32, Severance Pay and Assistance to Layoffees, A, 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. B. Letters of recommendation will be provided for employees whose performance was satisfactory on the date of their layoff. C. Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Article 33, Layoff, Employees in the City service may be laid off because of material change in duties or organization, shortage of work or lack of funds. Ten (10) working days before the effective date of layoff, the employee shall be notified of the intended action with the reasons therefore. The Department Head shall provide the City Manager a statement certifying whether or not the services of the employee have been satisfactory and a copy of such notice shall be given the.employee affected. The name of the employee laid off shall be placed on the appropriate employment list as provided in the City's Personnel Rules and Regulation, if certified as having given satisfactory service. Any employee receiving notice of layoff pursuant to this section shall have the righ to bump down to a classification of lower salary previously held by said employee if any incumbent is such classification has less seniority of service with the City. Article 34. Family Leave. -- As required by State and Federal law ("FMLA"), the City will provide and administer family and medical care leave for eligible employees pursuant to the Federal Family and Medical Leave Act of 1993 and the California Family Rights Act (CFRA) (Government Code 12945.2). Rights of qualified employees under FMLA include, but are not limited to: 1. Entitlement of up to 12 weeks of unpaid leave in a year 2. Continuation of the City's portion of any medical insurance contributions made on behalf of the employee during the FMLA 3. No loss of seniority for the FMLA period. In conjunction with FMLA, an employee may supplement his/her salary continuation, STD, LTD, or Workers' Compensation with accumulated General Leave, and/or compensatory time, in an amount to enable the employee to receive up to 100% of his/her predisability earnings. Article 35, Management Rights Clause. Except as otherwise specifically provided in State and Federal laws and this Memorandum of Understanding, the City reserves and retains and is vested with all rights of management which have not been expressly abridged by specific provisions of this agreement or by law to manage the City. This shall include, but is not limited to: S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 23 of 31 The right to contract or subcontract services and/or work.. The right to temporarily suspend the 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. In the event of such suspension of the agreement, when the emergency is over management will immediately initiate the meet and confer process over replacement of any salary, benefit, or working conditions lost by unit employees as a result of the suspension of the agreement. The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay-off or discharge for just cause any employee. The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. Article 36. Employee Rights. As the recognized representative of the employees covered by the MOU, the City acknowledges and recognizes the following employee rights: A, TPSSA shall have access to and be provided with payroll deduction (as currently provided) of dues, fees, and assessments without charge through the City's regular payroll system. B. TPSSA shall be afforded the reasonable use of department bulletin boards for the posting of notices, updates, meeting minutes and other material related to TPSSA business. C. TPSSA shall be afforded the reasonable use of department copy machines and faxes and will reimburse the City for any material costs or toll fees for such use. D. Upon notice, and subject to availability, the City shall allow TPSSA the use of City facilities including meeting rooms for TPSSA membership, Board of Directors and committee meetings. E. TPSSA shall have the right to representation by TPSSA in processing grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with TPSSA representative for discussion and consultation on grievances and disciplinary appeals. F. TPSSA shall have the exclusive right on behalf of the bargaining unit to meet and confer with management over maters of wages, benefits, hours, and terms and conditions of employment pursuant to State and Federal laws. G. All bargaining unit members shall have the right to join and participate in the activities of TPSSA free from management interference, intimidation, coercion, or discrimination. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 24 of 31 H. TPSSA shall have the right to distribute reasonable association information and newsletters at the job site. I. TPSSA representatives shall have the right reasonable usage of department telephones for the discussion of TPSSA business. J. TPSSA representatives and consultants shall have the right of reasonable access to the workplace. K. All other rights and privieleges currently in effect or which may be enacted in the future pursuant to Sate of Federal law. Article 37. 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. Article 38. Application of Agreement. The parties agree that the term "employee" whenever used herein, whether singular or plural, means and applies only to those employees of the City included within the representation unit, represented by Association, and that this Memorandum covers only said employees. It is not solely limited to the members of said Association. Article 39. 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 40. 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 41. 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 42. 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 43. Notices. Notices hereunder shall be in writing, and if to the Association, shall be mailed to the Tustin Police Support Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780; and, if the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92680. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 25 of 31 Article 44. 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 45. Entire Agreement. This agreement, upon ratification and adoption, supersedes all prior agreements unless expressly stated to the contrary herin and constitutes the complete and entire agreement between the parties and concludes the meet and confer process for its term unless otherwise expressly provided for herein. The City and TPSSA agree that any City resolutions, ordinances, rules, regulations or practices that are in conflict with the MOU and its provisions are subordinate to this MOU and where conflicts exist this memorandum of understanding shall prevail. The City and TPSSA for the duration of this Agreement, each voluntarily and without qualification waives the right, and each agrees, that the other shall not be obligated to bargain collectively with respect to any subject or matter covered in the Agreement including the impact of the City's and the Association's exercise of their respective rights as set forth herein n wages, hours, benefits and terms and conditions of employment. The City agrees that it will not seek to change any of the wages, hours, benefits and terms and conditions of employment provided for and covered by this Agreement during its term. This paragraph does not waive the right of the City or the Association to bargain over any subject or matter not covered in the Agreement which is a mandatory subject of bargaining and concerning which the City or the Association is considering a need to change during the term of this Agreement. Article 46. Membership Meetings. Each Association member shall be entitled to two (2) hours per calendar year of paid release time for membership meetings. These meetings are in addition to the Memorandum of Understanding ratification meetings allowed the Association. The Association shall provide a minimum of two (2) weeks advanced notice to the City of such meetings. The two (2) hours per calendar year of release time shall be used in one (1) hour increments and will be non-cumulative for the next calendar year. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 26 of 31 Article 47. Agency Shop. 1. 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 Police Support Services 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. 2. Association Dues/Service Fees (a) The Human Resources Office shall provide new hires to the "Police Non- sworn" Support Services Association 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. 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. (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. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 27 of 31 3. 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 upon presentation of 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.$(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. 4. Rescission The agency shop provision in this MOU may be rescinded by a majority vote of all the employees in the unit covered by the MOU, 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; (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)]. S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 28 of 31 (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. 5. 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. 6. 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. 48. Reopener. The Association reserves the right to reopen the meet and confer process regarding shift differentials if schedule changes in the Police Department result in additional employees working more than 50% of their time during the period from 6:00 P.M. to 6:00 A.M. Article 49. Term of Aqreement. 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 day of ,2003. CITY OF TUSTIN TUSTIN POLICE SUPPORT SERVICES ASSOCIATION BY BY William A. Huston, City Manager Sharon McCann, President Arlene Marks, Director of Human Resources Susan Cummings Ron Nault, Director of Finance Eric Nelson Fred Wakefield, Captain Michele Potter S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 29 of 31 APPENDIX A TUSTIN POLICE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE EFFECTIVE MARCH 10, 2003 New Classification Title Range Communications Officer I 534 Communications Officer II 554 Police Services Officer I 503 Police Services Officer II 532 Police Services Officer !11 562 Police Support Specialist 439 Property & Evidence Leadworker 535 Property & Evidence Technician 475 Police Support Specialist - Y Rated 463 Step A $ 3 329 $ 3 500 $ 308'1 $3313 $ 3 570 $ 2 626 $ 3 338 $2873 X Step B $ 3 500 $ 3r679 $ 3,239 $ 3,482 $ 3 753 $2 761 $ 3 509 $ 3 020 X Step C $ 3,679 $ 3,867 $ 3,405 $ 3,661 $ 3,945 $ 2,902 $ 3,688 $3,175 X Step D $ 3 867 $ 4 065 $ 3,579 $ 3,848 $ 4,148 $ 3,051 $ 3,877 $ 3,338 X Step E $ 4,065 $4,274 $3,763 $ 4,045 $ 4,360 $ 3,207 $ 4,076 $ 3,509 $ 3,405 S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 30 of 31 APPENDIX B TUSTIN POLICE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE EFFECTIVE JUNE 30, 2003 New Classification Title Range Communications Officer I 542 Communications Officer II 562 Police Services Officer I 511 Police Services Officer II 540 Police Services Officer III 570 Police Support Specialist 447 Property & Evidence Leadworker 543 Property & Evidence Technician 483 Police Support Specialist - Y Rated 463 Step A $ 3 396 $ 3 570 $3 143 $ 3 380 $ 3 642 $2,679 $ 3,405 $ 2931 X Step Step Step Step B C D E $ 3,570 $ 3,753 $ 3,945 $ 4,148 $ 3,753 $ 3,945 $ 4,148 $ 4,360 $ 3,304 $ 3,474 $ 3,652 $ 3,839 $ 3,553 $ 3,735 $ 3,926 $ 4,127 $ 3,829 $ 4,025 $ 4,231 $ 4,448 $ 2,816 $ 2,961 $ 3,112 $ 3,272 $ 3,579 $ 3,763 $ 3,955 $ 4,158 $ 3,081 $ 3,239 $ 3,405 $ 3,579 X X X $ 3,405 S:\MOU's\TPSSA 2003\TPSSA MOU 2003 Final.doc Page 31 of 31