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Home My WebLink AboutCC 8 TMEA MOU 03-01-93CONSENT CALENDAR NO. 8 Y3-1-911 AGENDA.. .fi All �..�• Y DATE: FEBRUARY 24, 1993 Inter -Com sT TO: WILLIAM A. HUSTON, CITY MANAGER FROM: ADMINISTRATIVE SERVICES DEPARTMENT SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION RECOMMENDATION: That the City Council authorize the City Manager to execute the attached Memorandum of Understanding (MOU) with the Tustin Municipal Employees Association (TMEA). FISCAL IMPACT: For fiscal year 1992-93, the $50,500 cost to implement the MOU will be -- absorbed within the authorized budget. A recurring cost of two additional police dispatchers (needed to implement the modified work week for police dispatchers) will be included in the 1993-94 budget. BACKGROUND: Representatives of the City have been meeting and conferring with representatives of the TMEA in order to come to a one-year agreement regarding wages, benefits, and other working conditions. An agreement has been reached and ratified by the TMEA membership. The terms and conditions of the MOU are consistent with policy direction provided by the City Council. At this time, it is appropriate to direct the City Manager to execute said MOU in order that staff can implement the agreement. Bettie Correa Senior Personnel Analyst Attachment: Memorandum of Understanding, TMEA MEMORANDUM OF UNDERSTANDING TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION AND CITY OF TUSTIN 1-1-92 TO 12-31-93 TABLE OF CONTENTS PAGE Article 1. Represented Classes ................................................ Article 2. Compensation.................................................... Article 3. Uniforms ......................... ............................ . Article 4. Bilingual Compensation . ............................................ Article 5. Retirement....................................................... Article 6. Overtime Compensation ............................................. Article 7. Employee Life Insurance . ........................................... Article 8. Medical and Dental Insurance . ....................................... Article 9. Health and Welfare Study Committee .................................... Article 10. Bereavement Leave . .............................................. . Article 11. Holidays......................................................... Article 12. General Leave .................................................... Article 13. LTD Leave of Absence . ............................................ Article 14. Compensatory Time ................................................ Article 15. Rest Periods . .................................................... Article 16. ]Leaves .......................................................... Article 17. Stand-by Duty . ................................................... Article 18. Call Back Duty . ................................................. . Article 19. Educational Incentive Pay . .......................................... Article 20. Tuition Reimbursement . ........................................... . Article 21. Work Schedules .................................................... Article 22. LTD Plan . ..................................................... . Article 23. One -Half Hour Lunch: Field Services Employees. ....................... . Article 24. Shift Differential.................................................. Article 25. Acting Pay ....................................................... Article 26. Performance Evaluations . ........................................... Article 27. Appeals and Hearings . ............................................. Article 28. Lay-off Policy . ................................................... Article 29. Management Rights Clause . ......................................... Article 30. Scope of Renegotiation at Conclusion of Contract . ....................... . Article 31. Administrative Regulations . ......................................... Article 32. Effective Date . .................................................. . Article 33. Application of Agreement . .......................................... Article 34. Gender......................................................... Article 35. Severability...................................................... Article 36. Binding on Successors . ............................................. Article 37. Ratification . .:........................................... ..... . Article 38. Amendments..................................................... Article 39. Notices......................................................... Article 40. Subject to State Law . .............................................. Article 41. Conclusion of Agreement ............................................. Article 42. No Change of Benefits .............................................. Article 43. Contract Bar . .................................................... Article 44. Membership Meetings . ............................................. Article 45. Term of Agreement ................................................ EXHIBITS A. Proposed LTD Plan Summary. B. Third Party Advisory Process for Disciplinary Appeals. 1 2 2 2 2 3 3 3 3 4 4 5 5 5 5 5 5 6 6 6 6 7 7 7 7 7 7 7 7 8 8 8 8 8 8 9 9 9 9 9 9 9 10 10 10 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et.seq. and Section 17 of the Personnel Rules and Regulations of the City of Tustin, the City's employee representatives have met and conferred in good faith with the representatives of the Tustin Municipal Employees Association pertaining to the subject of wages, benefits and conditions of employees 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 non -administrative and non -management general employees of City. WITNESSETH WHEREAS, the Tustin Municipal Employees Association is the majority representative of all non- administrative and non -management general employees of the 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 Tustin Municipal Employees Association is empowered to act on behalf of all non -administrative, non -confidential and non -management general employees of City, whether or not they are individually members of the Tustin Municipal Employees Association. Article I. Represented Classes. All non -administrative, non -management and non -confidential general employee classifications are represented under the scope of this agreement. The classifications covered by this agreement are: Administrative Assistant II Administrative Assistant I Account Clerk Associate Civil Engineer Assistant Civil Engineer Assistant Planner Associate Planner Building Technician Building Inspector Clerk Typist Code Enforcement Officer Communications Officer Community Services Officer Custodian Department Clerk Deputy City Clerk Division Secretary Draftsperson Engineering Aide Equipment Mechanic Equipment- Operator Intermediate Clerk Typist Junior Civil Engineer Maintenance Leadworker Maintenance Worker Mechanics Helper Meter Reader Non -Sworn Investigator Parking Control Officer Plan Checker Planning Technician Property Aide Property Officer Public Works Inspector Recreation Coordinator Records Clerk Records Shift Coordinator Reproduction Operator Secretary Senior Account Clerk Sports Field Coordinator Switchboard Operator Transportation Engineer Tree Trimmer Water Services Engineer Water Treatment Plant Operator Page Article 2. Compensation. A. As soon as practicable following the implementation of this Agreement, the City shall make a one time lump sum payment of $500.00 to each employee employed as of the date of this agreement. B. The City is establishing a new class of Property & Evidence Clerk. The salary range for this class shall be the same as the range for Records Clerk. Article 3. Uniforms. A. 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 who are not in the maintenance service. An 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) B. The City will make raingear and overalls available for use by the Building Inspectors and Construction Inspectors. C. 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. Article 4. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per month for one employee designated in City Hall and one employee designated in the Police Department 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. The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirement System (PERS) in the amount equal to seven percent (7%) of the employee's "compensation earnable". 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. Page 3 Article 6. Overtime Compensation. All non -administrative, non -confidential and non- management general 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 7. 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 one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. Article 8. Medical and Dental Insurance. The City shall contribute a maximum $423.90 per month per employee toward health insurance coverage. Any employee in a health insurance plan and category which has a total monthly premium less than $423.90 shall not pay for health insurance. Article 9. Health and Welfare Study Committee A. Representatives of the Association and City management will participate in a committee process with the objective of making findings and recommendations on the following issues or subjects: 1. Employee health insurance including but not limited to medical, dental and vision, both with respect to the nature and extent of the benefits to be provided and identity of the insurer. 2. Long term disability insurance, including elimination of the current approach of deducting accrued benefits from the general leave banks of employees to finance or subsidize benefits. 3. Retirees' medical insurance. 4. Instituting a Flexible Benefit/Cafeteria Plan approach so that all employees will receive the same monetary contribution from the City irrespective of how many dependents are covered by the insurance program. 5. Section 125 program. 6. Employee Life Insurance. 7. Expansion of the maximum limitation on general leave accumulation. B. The Committee will evaluate City programs which provide benefits in the referenced subject areas and review alternative approaches including contracting with PERS for medical insurance under the Public Employees Medical and Hospital Care Program. Absent a mutual agreement of the City and Association to the contrary, Committee deliberations will be in accordance with the following: 1. The Committee will be comprised of representatives of the City and an identical number of representatives from the Association and each other recognized employee organization. 2. The Committee will convene as soon as practical. Page 4 3. All meetings will be held during regular City business hours. 4. Employee representatives rill be paid for regularly scheduled work hours. spent in committee meetings. 5. The Committee will submit «Titten findings and recommendations to the Association and City with regard to each of the matters described above in paragraph A on or before April 1, 1993. 6. On or before April 15, 1993 the City or Association may reopen the meet and confer process to engage in negotiations on the subjects contained in the Committee's findings and recommendations. 7. During the term of this Agreement, no changes will be made in City programs involving subjects being considered by the Committee without the mutual agreement of the City and Association. provided, however, that the City shall (a) implement a plan pursuant to Section 12.5 of the Internal Revenue Code which allows employees to reduce their taxable income by amounts designated to be used for purposes allowed by Section 125 and (b) provide payroll deduction access for the payment of premiums under a vision plan for employees and eligible dependents. Article 10. 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 11. Holidays. The following nine (9) full and two (2) half (1/2) days shall be observed as paid holidays by all full-time regular and probationary employees in permanent positions, except Police personnel, as shown below: January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 The Thursday in November designated by the President or Governor as Thanksgiving Day. The day following the Thursday in November designated as Thanksgiving Day. Afternoon before the Christmas Day Holiday December 25 Afternoon before the New Year's Day Holiday New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Holiday Christmas Day New Year's Eve Holiday Page 5 When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. For each designated holiday, full-time regular and probationary personnel on shifts will receive eight (8) hours of General Leave for each full day and 4 hours for each 1/2 day or equivalent pay, whichever, in the judgement 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; eight (8) hours for a full day and 4 hours for each 1/2 day. If a non -shift employee's scheduled day off falls on the day of the holiday, he shall receive eight (8) hours pay for each full day and 4 hours for each 1/2 day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his/her 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. 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. Years of Service General Leave Hours Per Year 0-5 168 6-10 208 Over 10 248 Article 13. LTD Leave of Absence. An employee 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 two (2) years. Article 14. 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 15. 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 16. Leaves. Section 8. Attendance and Leaves of 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 17. Stand-by Duty. Stand-by duty in classes designated by the City Manager 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. Page 6 Article 18. Call Back Duty. In addition to stand-by compensation, -if any, employees in classes designated by the City Manager 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 19. Educational Incentive Pay. Only those employees receiving educational incentive pay as of July 1, 1989, shall thereafter be eligible for educational incentive pay as set forth in Article 17 of the previous M.O.U. executed March 31, 1987. The continuing education requirement remains the same; however, no employee shall be able to increase his or her amount of educational incentive pay after July 1, 1989. No additional employees after July 1, 1989, shall be eligible for educational incentive pay. Any employee who becomes ineligible for educational incentive pay shall not be able to requalify. Article 20. Tuition Reimbursement. Employees shall be encouraged to further their academic education and training in those areas of benefit both to the employee and to the City. Full-time employees will be eligible for reimbursement "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 City Manager 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 shalt 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 three hundred and fifty dollars ($350.00) in any calendar year will be paid upon receipt by the Personnel Department of proof of successful completion of the course and proof that payment of fees has been made. Article 21. Work Schedules. A. Effective April 1, 1993 the City will implement 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 Operators who, no later than July 1, 1993, will work either a 3/12.5 schedule, (in a 28 -day work cycle the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each day, with 4 consecutive days off, in each seven (7) calendar day period, except that the employee must work one additional 10 -hour shift during the work cycle) 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. Page 7 B. Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. Article 22. LTD Plan. T.M.E.A. has reviewed and approved the revised LTD plan as outlined in Exhibit A. Both parties agree that this revised plan will be in full force and effect as soon as possible after the first pay period of 1987, and that the attached is a summary of the plan, not the plan document itself. Article 23. One Half Hour Lunch: Field Services Emplovees. 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 anticipated increased efficiency, because, as a general rule, employees will not return to the Corporation Yard for the lunch break. Article 24. Shift Differential. Any Custodian, Communications Officer, Community Services Officer, Non -Sworn Investigator, or Records Clerk assigned on a regular basis (ten or more continuous working days) to a shift commencing between 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 25. 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 thirty (30) consecutive calendar days. Article 26. Performance Evaluations. An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 27. Appeals and Hearings. SECTION 12. APPEALS AND HEARINGS of Resolution #88-103 will be amended to incorporate the provisions of the attached Exhibit B. Article 28. Lay-off Poliev. The City and Association have agreed to continue the meet and confer process as regards possible changes in City Resolution #88=103, Section 10. Separation from the Service, B. Lay-off. Article 29. 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: Page 9 The righ± to contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities. The right to suspend provisions of this agreement in the event of, and for the duration of, an emergency as determined by the City Council, and/or by County, State or Federal action upon notification to the association regarding the nature and expected duration of the emergency. The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay-off or discharge any employee. The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. Nothing contained herein shall be construed as a waiver by the Tustin 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 30. Scope of Renegotiation at Conclusion of Contract. All the provisions of this agreement and other conditions of employment appropriate to the meet and confer process shall be subject to renegotiation at the conclusion of the term of this agreement, and may thereafter be included in the meet and confer process at the request of either party. Article 31. Administrative Regulations. City Manager may issue written administrative personnel regulations designed to augment or clarify the provision of this memorandum. Article 32. Effective Date. All provisions set forth herein shall be effective as to non- administrative, non -confidential and non -management general employees of the City of Tustin as of January 1, 1993, unless specified otherwise. Article 33. 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 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 34. 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 35. 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. Page 9 Article 36. Binding on Successors. This Memorandum shall be binding on the successors an 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 37. 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 38. Amendments. This memorandum can be altered or amended only by written agreement between the parties hereto. Article 39. Notices. Notices hereunder shall be in writing, and if to Tustin Municipal Employees Association, shall be mailed to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA 92680; and, if the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92680. Article 40. 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 41. Conclusion of Agreement. This Agreement shall contain all of the covenants, stipulations and the provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this Agreement are covered by existing Ordinances, Resolutions, policies and practices of City as well as the Personnel Rules and Regulations presently in effect. Therefore, for the life of this Agreement, City or T.M.E.A. shall not be compelled to meet and confer concerning any mandatory bargaining or meet and confer issue, whether specifically met and conferred upon prior to the conclusion of this Agreement or which may have been omitted in the meeting and conferring which led up to the conclusion of this Agreement, except by mutual agreement of parties. Article 42. No Change of Benefits. During the term of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. Page 10 Article 43. 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 44. Membership Meetings. T.M.E.A. 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 T.M.E.A. T.M.E.A. 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. Article 45. Term of Agreement. The term of this agreement shall be from the date of its execution to and including December 31, 1993. IN WITNESS WHEREOF, the parties hereto have executed this document this day of ' CITY OF TUSTIN BY WILLIAM A. HUSTON City Manager TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION BY PRESIDENT TMEAMOU.FNL Exhibit B THIRD PARTY ADVISORY PROCESS FOR DISCIPLINARY APPEALS Disciplinary actions which may move beyond the Department Head's decision include the actions of termination, suspension, reduction of salary and demotion. The "third party' advisory process is the step between the Department Head's action and the City Manager's final decision. In the Department Head's notice of final disciplinary action (which should be served by registered mail or personal delivery) shall be a statement which clearly informs the employee that he/she has the right, within 10 working days after receipt of the response, to request the next level of appeal. The day the employee receives the Department Head's final notice shall not count as one of the 10 days. The employee's request for the next level of appeal must be addressed to the Personnel Officer and received in the Personnel Office so that same is date stamped by the Personnel Office within the 10 - day period. If, within the 10 -day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed. If within the 10 -day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Personnel Officer, an appeal hearing shall be established as follows: A. If a single .third party hearing officer cannot be agreed upon by the Personnel Officer and the employee's representative (or employee alone if unrepresented), the American Arbitration Association shall be requested to submit a list of 7 persons qualified to act as arbiters to the City and employee. Within 10 days following receipt of the list of arbiters, the parties shall meet to select the arbiter. The parties shall alternately strike 1 name from the list of arbiters (the right to strike the first name to be determined by lot) until 1 name remains, and that person shall be the arbiter. B. Where practicable, the date for the hearing shall not be less than 20 days, nor more than 60 days, from the date of the filing of the appeal with the Personnel Officer. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. C. All hearings shall be private provided, however, that the arbiter shall at the request of the employee, open the hearing to the public. D. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party, not less than 5 working days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the arbiter. E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The arbiter shall not be bound by technical rules of evidence. The arbiter shall rule on the admission or exclusion of evidence. Third Party Advisory Process for Disciplinary Appeals 8/88 Page 2 F. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses or any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, arbiter, employee/employee representative) mutually agree that same is not necessary. G. The hearing shall proceed in the following order, unless the arbiter, for special reason, otherwise directs: 1. The party imposing discipline shall be permitted to make an opening statement; 2. The appealing party shall then be permitted to make an opening statement; 3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence; 4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted: 5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbiter for good reason, permits them to offer evidence upon their original case; 6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbiter. H. The arbiter shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the arbiter, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The arbiter, prior to or during a hearing, may grant a continuance for any reasons he/she believes to be important to reaching a fair and proper decision. The arbiter shall render his/her judgement as soon after the conclusion of the hearing as possible and in no event later than 30 days after conducting a hearing. His/her decision shall set forth findings of fact and conclusions. The opinion shall be advisory only. L The arbiter may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. He/she may not recommend for discipline more stringent than that invoked by the Department Head. Third Party Advisory Process for Disciplinary Appeals 8/88 Page 3 The arbiter's opinion and recommendation shall be filed with the City Manager, with a copy sent to the charged employee, and the Personnel Officer and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's recommendation, the opinion shall set forth the recommended date the employee is recommend to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action. J. Within 30 days of the receipt of the arbiter's findings and recommendations, and transcript (which is optional only in certain cases), whichever date is later, the City Manager shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the arbiter. Prior to making a decision which modifies or rejects the recommendation of the arbitrator, the City Manager shall order and read the transcript of the Third Party Advisory Process. Prior to making a decision which supports the arbiter, the City Manager may order and read the subject transcript, at his/her option. The City Manager shall not conduct a de novo hearing. The City Manager may, at his/her option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Manager shall be final and conclusive. Copies of the City Manager's decision, including the arbiter's recommendation (s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager. Each party shall bear equally the cost of facilities, fees and expenses of the arbiter, including the court reporter and transcripts. If the City Manager orders a transcript for his/her review, the City shall bear the cost of providing the transcript. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled arbitration, thereby resulting in a fee charged by the arbiter or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee. K. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to be effective as of the date the employee was suspended from duty pending hearing before and decision by the City Manager, whichever is applicable. If discipline imposed resulted in loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost. computed at his/her then base hourly rate. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section. INDEX PAGE ActingPay.................................................................7 Administrative Regulations.................................................... 8 Amendments.............................................................7 9 Application of Agreement..................................................... 8 Bereavement Leave .................................. .......................4 Bilingual Compensation....................................................... 2 Binding on Successors......................................................... 9 CallBack Duty.............................................................6 Compensation...................................................... 2, 3, 5, 6, 9 Compensatory Time ........................................................ 3,5 ContractBar..............................................................10 Dental Insurance ............................................ • ............... 3 Educational Incentive Pay ..................................................... 6 Effective Date............................................................ 2,8 Gender...................................................................8 General Leave............................................................3,5 Hearings....................................... ..:..................... 7,13 Holidays................................................................4,5 Lay-off Policy..............................................................7 Leaves....................................................................5 Lite Insurance.............................................................. 3 LTDPlan.................................................................7 Lunch....................................................................7 Management Rights Clause .................................................... 7 Medical Insurance........................................................... 3 Membership Meetings....................................................... 10 No Change of Benefits ................... ...................................9 Notices...................................................................9 Overtime Compensation.................................................... 3,6 Performance Evaluations...................................................... 7 Ratification............................................................. 9, 10 Represented Classes......................................................... 1 RestPeriods...............................................................5 Retirement...............................................................2 Scope of Renegotiation....................................................... 8 Severability.................................................. ............8 Shift Differential............................................................ 7 StateLaw.................................................................9 Term of Agreement.........................................................10 Tuition Reimbursement....................................................... 6 Uniforms..................................................................2 WorkSchedules ............................................... ............6 I. ATTACHMENT "A" PROPOSED LTD PLAN SUMMARY Increase elimination period from 5 days to 30 days. Increase maximum benefit for non -management to $2500.00 per month. Two year occupation disability reduced to one-year. Age Limits of 55 (safety) and 60 (misc.) will be increased to 60 and 65 respectively. "Bank" of hours created to assist with funding elimination period. In Summary. Employees give 5 extra days general leave give .2 hours general leave to "Bank" per pay period Cy give on-time contribution to "Bank" equal to 8 hours per employee give 30 extra days health benefits during LTD * City has no mandatory retirement age; however, LTD benefits will be cut off at age 60 and 65 respectively. LTD PROPOSAL 1. General Leave elimination will be increased from 5 days to 10 days. 2. After General Leave elimination and through day 30, a "bank" will be created. This will be created through the City contributing, one time only, for each employee, 8 hours (in addition to existing General Leave benefits). Each employee, each paycheck, will automatically have deducted .20 hours of their General Leave; this will be credited into the bank. It is acknowledge that periodic adjustments may have to be made if there is either an excess or an unusually low drain on the bank. 3. It is acknowledged that a minimum and a maximum number of hours would be agreed upon for the bank. The minimum number of hours would be approximately 1, 00 hours and the maximum number of hours would be approximately 3,000. Upon annual review, if the maximum of 3,000 hours is reached, the .20 contribution would cease for a period of one year. Likewise, if accumulation drops below 1,000 minimum, the .20 contribution would be reinstated automatically. 4. Those employees with "old sick leave" in the amount of at lease 12 working days would not contribute to the bank, nor draw from the bank until all "old sick leave" is utilized. All "old sick leave" must be used before receiving any LTD benefits. (Those employees with less than 12 working days (96 hours) "old sick leave" must contribute to the bank.) 5. The maximum benefit for the non -management employees will be increased to $2500. per month. 6. The City will increase the term of medical coverage and other employee benefits from 60 to 90 days. 7. While drawing from the bank, employees will be paid their full salary. 8. LTD benefits from day 31 through day 365 will remain the same; that is: 66 2/3% of salary, tax-free. 9. The current age limit of 55 years for public safety employees and 60 years for all other employees will be extended to 60 years and 65 years respectively. All employees who have exceeded the new age limits at the time the plan is amended will be "grandfathered" into the plan for a one-year grace period. At the end of the year, these employees will no longer be covered by the LTD program and their salary deduction will stop. SUNIlVIARY 1. Employee would give 5 additional General Leave days, and .20 hours per paycheck. 2. City would contribute to the bank 8 hours per employee (one time), and an increase in employee benefit coverage from 60 to 90 days. MOU: MOULTD 00w- A0a0 c0oa-y ohoo 5. zInv nPV po K am 0 M m"acv N -►.0 nM5 0w0z o:j a �•a trm05aoamInamHI� 0m0PCxozo0�Cn H.to ft N �. 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