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HomeMy WebLinkAboutCC 4 TPOA MOU 02-16-93CONSENT CALENDAR NO. 4 A 2-16-93 G E N DA _.i �� DATE: FEBRUARY 10 1993 Inter -Com WWS_'V'I TO: WILLIAM A. HUSTON FROM: ADMINISTRATIVE SERVICES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN POLICE OFFICERS' ASSOCIATION RECOMMENDATION; To direct the City Manager to execute the attached Memorandum of Understanding with the Tustin Police Officers' Association. BACKGROUND: Representatives of the City have been meeting and conferring with representatives of the Tustin Police Officers' Association (TPOA) in order to come to a one-year agreement regarding wages, benefits, and other working conditions. Staff is pleased to report that an agreement has been reached and ratified by the T. P.O. A. membership. At this time is is appropriate to direct the City Manager to execute said Memorandum of Understanding (M.O.U.) in order that staff can proceed with the logistics of the agreement. 1 /e;t t Ci te Correa Senior Personnel Analyst Attachment: Memorandum of Understanding, T.P.O.A. BMC2:M0UC0RPT.P0A MEMORANDUM OF UNDERSTANDING TUSTIN POLICE OFFICERS ASSOCIATION AND CITY OF TUSTIN TABLE OF CONTENTS PAGE Article 1. RECOGNITION . . .. . . . . . . . . . . 3 Article 2. Cost of Living Adjustment . . . . . . . . . . 3 Article 3. Retirement Plan . . . . . . . . . . . . . . . . 4 Article 4. Bereavement Leave . . . . . . . . . . . . . . . 4 Article 5. Bilingual Compensation 4 Article 6. Retirement Survivor's Benefit . . . . . . . . . 4 Article 7. General Leave . . . . . . . . . . . . . . . . . 4 Article 8. Uniform Allowance . . . . . . . . . . . . . . . 4 Article 9. Standby Duty . . . . . . . . . . . . . . . . . . 5 Article 10. Call -Back Duty . . . . . . . . . . . . . . . . . 5 Article 11. Deferred Compensation . . . . . . . . . . . . . 5 Article 12. Court Pay Provisions . . . . . . . . . . . . . . 5 Article 13. Overtime Compensation . . . . . . . . . . . . . 5 Article 14. Employee Life Insurance . . . . . . . . . . . . 6 Article 15. Medical and Dental Insurance . . . . . . . . . . 6 Article 16. Educational Incentive Pay . . . . . . . . . . . 6 Article 17. Tuition Reimbursement . . . . . . . . . . . . . 6 Article 18. Holidays . . . . . . . . . . . . . . . . . . . . 7 Article 19. Management Rights Clause . . . . . . . . . . . . 8 Article_ 20. Scope_ of Renegotiation . - .---. 9 Article 21. Administrative Regulations . . . . . . . . . . . 9 Article 22. Effective Date . . . . . . . . . . . . . . . . . 9 Article 23. Application of Agreement . . . . . . . . . . . . 9 Article 24. Gender . . . . . . . . . . . 09 Article 25. Health and Welfare Study Committee. 9 Article 26. Severability . . . . . . . . . & . . . . 10 Article 27. Binding on Successors . . . . . . . . . . . . 10 Article 28. Ratification . . . . . . . . . . . . . . . . . 10 Article 29. Amendments . . . . . . . . . . . . . . . . . . 11 Article 30. Notices . . . . . . . . . . . . . . . . . . . 11 Article 31. Term of Agreement . . . . . . . . . . . . . . 11 Article 32. Conclusion of Agreement . . . . . . . . . . . it Article 33. No Change of Benefits . . . . . . . . . . . . 11 Article 34. Performance Evaluations . . . . . . . . . . . 11 Article 35. Probationary Period . . . . . . . . . . . . . 11 Article 36. Probationary Rejection . . . . . . . . . . . . it Article 37. Long -Term Disability . . . . . . . . . . . . . 12 Article 38. Field Training Officer . . . . . . . . . . . . 12 Article 39. Physical Fitness Program . . . . . . . . . . . 12 Article 40. Minimum Hiring . . . . . . . . . . . . . . . . 12 Article 41. Substance Abuse Testing . . . . . . . . . . . 12 Article 42. Disciplinary Appeals . . . . . . . . . . . . . 12 Article 43. Work Schedules. . . 0 . . . . . . . . . . 0 . 12 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE OFFICERS ASSOCIATION WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et.seq. and Section 17 of the Personnel Rules and Regulations of the City of Tustin, the City's employee representatives have met and conferred in good faith with the representatives of the Tustin Police officers Association pertaining to the subject of wages, benefits and conditions of employment for the non -administrative and non -management police employees of City; and WHEREAS, the' meeting between Tustin Police Officers and the City representatives has resulted in an agreement and understanding to recommend that the employees represented by the Tustin Police Officers Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions the changes and additions to the wages, hours and conditions of employment for thenon-administrative and non -management police officers of City set forth_ herein. W I T N E 8 B E T H Article 1. RECOGNITION The City has previously recognized Tustin Police Officers Association as the majority representative of all non- administrative and non -management police employees of City for the purpose of representation on issues of wages, hours and other terms and conditions of employment. The non -administrative and non -management employees represented by the Association are the Police Recruit and Police Officer classifications. As majority representative, the Tustin Police Officers Association is empowered to act on behalf of all non -administrative and non -management police employees of City, whether or not they are individually members of the Tustin Police Officers Association. The Classifications covered by this agreement are: Police Recruit Police Officer Article 2. Cost of Living Adjustment 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. 2 tirticle 3. Retirement Plan. The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirement System (PERS) in the amount equal to nine percent (9%) of the employee's "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. Article 4. Bereavement Leave. The City shall allow up to three (3) days with pay for the purpose of bereavement leave for all non -administrative and non -management police employees of the City in the event of a death in the immediate family. "Immediate Family" shall be defined as including the spouse, mother, father, brother, sister, child, grandparent,, and grandchild of the employee or the employee's spouse. Article 5. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per month for all non -administrative and non -management police employees who can demonstrate a skill in. Spanish at the conversational level, or another language which the Chief of -Police and City Manager have approved as being needed in police work within the City. _in order to receive such bilingual compensation, an employee shall make )plication to the Personnel Department and shall satisfactorily complete fionversational fluency test in such language administered by a qualified person. The bilingual compensation shall commence effective the start of the next pay period following the certification of the test results and notification of the Finance Department by the Personnel Department. Article 6. Retirement Survivor's Benefit. The City shall provide the 1959 Survivors Benefit option of the Public Employees Retirement System for all non -administrative and non -management police employees, at employee cost. Article 7. General Leave. The City shall provide General Leave Accrual rates for all non -administrative and non -management police employees according to the following formula: Years of Service General Leave Hours Per Year 0-5 168 6-10 208 Over 10 248 Article S. Uniform Allowance. The City will provide a uniform allowance of one hundred and sixty-two dollars and fifty cents ($162.50) semi-annually, as well as continually pay for special motor officer gear and officer -public safety leather gear. 3 �ticle 9. Standby Duty. Standby duty shall be compensated at the rate of two (2) hours straight time for each eight (8) hours required, including holidays. Standby duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours straight time for morning (a.m. hours) appearances and one (1) hour straight time for afternoon (p.m. hours) appearances. Call back compensation is provided in Article 10. Compensation for, call back to, or actual appearance in court is provided in Article 12. Article 10. Call -Back Duty. In addition to standby compensation, if any, officers shall receive a minimum of two ( 2 ) hours overtime compensation, as described in Article 13, for any call which required them to return to duty. Article 11. Deferred Compensation. The City shall contribute $37.00 per pay period, per employee, in a deferred compensation program or vehicle currently offered by the City. It is the responsibility of all employees to complete the necessary paperwork and take all required steps to enroll in the program. Should employees fail to enroll, the City is under no obligation to make retroactive contributions on behalf of said employee or employees. Employees hired into the bargaining unit shall be provided with a notification of the ---deferred compensation program, including the amount ^f employer contributions, during employee orientation. Article 12. Court Pay Provisions. The City shall pay actual time at a rate of time and one-half for employees who are required to appear in court during their off-duty hours in connection with City business with a minimum of two (2) hours of such compensation for court appearances scheduled in the morning (a.m. hours) and two (2) hours of such compensation for court appearances scheduled in the afternoon (p.m. hours). Article 13. overtime Compensation. The City shall pay all non- administrative and non -management sworn police employees premium pay of time and one-half for all approved overtime hours worked in excess of (1) regularly scheduled hours per shift; (2). hours worked on a day the employee is not regularly scheduled to work; or (3) hours worked in excess of the prescribed hours during the applicable work cycle described in Article 43 (i.e. (a ) 10 hours in a 7 -day work cycle for employees on the 4/10 work schedule; (b) 160 hours in a 28 -day cycle for employees on the 3/12.5 work schedule; and (c) 80 hours in a 14 -day work cycle for employees on the 9/80 work schedule). General leave, compensatory time and holiday hours shall be regarded -as hours worked in these calculations; provided however, that standby time shall not be considered in determining entitlement to premium pay. In lieu of receiving cash payment for overtime, an employee may elect the ?tion of accruing compensatory time at the rate of time and a half, and 4 -call have a cap of forty (40) hours placed on the accrual of compensatory time off . The time during which an employee may,teke his/her compensatory time shall be subject to approval by the appointing authority or his/her designee with due regard for the wishes of the employee and for the needs of the service. Should this provision be found invalid by an arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of compensatory time shall cease and all accrued compensatory time shall be paid at the employee's current straight time rate. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of forty (40) hours or less at his/her straight time hourly base rate. Article 14. Employee Life Insurance. The City will provide life insurance on the life of each regular, permanent full-time, non -administrative, non- management sworn police employee of the City and pay the premiums thereof. The death benefit of said police shall be one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. The City shall also make available, at the employee's option, a supplemental life insurance policy, the death benefit of which shall be $18, 000.00. The _premium of -said supplemental -policy shall be paid by the employee. Jticle 15. Medical and Dental Insurance. The City shall contribute a maximum $423.90 per month per employee toward health insurance coverage. Any employee in a health insurance plan and category which has a total monthly premium less than $423.90 shall not pay for health insurance. Article 16. Educational Incentive Pay. The City shall provide educational incentive pay as an incentive for employees to improve their level of education in relevant fields beyond the expected level for their position. Degree in Related Field Police Officer AA Degree or its equivalent $ 65/mo. Bachelor's Degree 125/mo. An equivalent to an A.A. Degree shall include continuing active enrollment in a Bachelor's curriculum with over half the course work completed. A reasonable interpretation of the related nature of the degree fields shall be made by the Personnel Director. Article 17. Tuition Reimbursement. Employees shall be encouraged to further their academic education and training in those areas of benefit ,both to the employee and to the City. Full-time employees will be eligible it reimbursement by the City of tuition for professional technical courses( lbject to the .following conditions and related Council Policy statements: 5� A. Department Head and City Manager approval must be obtained before enrollment in the course. B. Reimbursement shall be made of tuitio or required supplies, upon complet satisfactory grade and after the probationary period. C. Tuition reimbursement shall not be drawing veteran's education benefits for the same course. n fees, textbooks, lab fees, ion of the course with a completion of the initial made if the employee is or any other reimbursement D. Reimbursement for up to one hundred twenty-five dollars ($125.00) per semester for two (2) semesters in any calendar year will be paid upon receipt by the Personnel Department of proof of successful completion of the course and proof that payment of fees has been made. Article 18. holidays. The following nine (9) full and two (2) half (1/2) days shall be observed as paid holidays by all full-time regular and probationary City Employees in permanent. positions, except Police personnel, as shown below: January 1 New Year's Day Third Monday in February Washington's Birthday Last Monday in May - Memorial Day July 4 Independence Day First Monday in September Labor Day November it Veteran's Day The Thursday in November designated by the President or Governor as Thanksgiving Day Thanksgiving Day The day following the Thursday in November designated as Thanksgiving Day Day after Thanksgiving Day Afternoon before the Christmas Day Holiday Christmas Holiday Eve December 25 Christmas Day Afternoon before the New Year's Day Holiday New Year's Holiday Eve When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. On December 1 of each year, an employee may designate any portion of his/her holiday credit for the following year which he/she would like to be paid for in lieu of having time off. This notification shall be in writing and is irrevocable. Payment for the holiday time shall be made in January of each year. In the event that an employee separates from service and has used and/or been paid for holidays in excess of the pro -rata earned hours per month, the employee shall reimburse the City for the overage. 6 work is available, non -patrol off icers may work holidays for which they have been paid. However, the department maintains the right to assign officers to any function when extraordinary circumstances arise. For each designated holiday, not cashed out, full-time regular and probationary Police personnel on shifts will receive General Leave at the rate of eight ( 8 ) hours for each full holiday and four ( 4 ) hours for each half holiday. Full-time regular and probationary Police personnel not assigned to shifts will receive General Leave at the rate of eight (8) hours for each full holiday and four (4) hours for each half holiday or equivalent paid time off. If a non -shift employee's scheduled day off falls on the day of the holiday, he/she shall be credited with General Leave at the rate of eight ( 8 ) hours for each full holiday and four ( 4 ) hours for each half holiday. If the number of regularly scheduled paid hours in a work period is less than that prescribed in Article 43, the employee may uge accrued compensatory time or general leave to ensure that the prescribed hours. will be paid in that period. .article 19-:-' Management Rights Clause. Except as otherwise specifically ovided in this memorandum, the Personnel Rules & Regulations and( �artmental Regulations, and amendments and revisions thereto, will remain .LA force and effect, whether exercised or not, and they are the sole and exclusive right and functions of management including, but not limited to: The right to contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities. 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 Police Officers Association of any right to meet and confer and/or `spresent its members pursuant to the Meyer-Milias-Brown Act on any other: 1plicable State or Federal law. 7 ( -ticle 20. scope of Renegotiation at Conclusion of Contract. All provisions of this agreement and other conditions of employment appropriate to the meet and confer process shall be subject to renegotiation at the conclusion of the contract period and may thereafter be included in the meet and confer process at the request,of either party. Article 21. Administrative Regulations. The City Manager may issue written administrative personnel regulations designed to augment or clarify the provisions of this memorandum. Article 22. Effective Date. All provisions set forth herein shall be effective as to non -administrative and non -management sworn police employees of the Tustin Police Department as of December 30, 1992, unless otherwise specifically provided. Article 23. 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 Police Officers Association, and that this memorandum covers only said employees. It is not solely limited to the -members of -the Tustin Police Officers Association. )ticle 24. Gender. Words used in this memorandum in the singular include _Ae plural, and the plural include the singular. Words appearing in the male gender include the female gender and the female gender include the male gender. Article 25. 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. 8 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. .3. All meetings will be held during regular City business hours. 4. Employee representatives will be paid for regularly scheduled work hours spent in committee meetings. 5. The Committee will submit written 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 125 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 26. Severability. If any part of this memorandum is rendered or declared invalid by reason of any existing or subsequently -enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this memorandum shall not render invalid the remaining part hereof. Article 27. Binding on Successors. This memorandum shall be binding on the successors and assigns of the parties hereto and no provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by the consolidation, merger, sale, transfer or assignment of either party hereto. Article 28. Ratification. This memorandum contains all the terms and conditions agreed to between the parties. This memorandum shall be of no force or effect unless or until duly approved adopted, ratified, and agreed to by the City Council of City, or in the alternative, that all of the,. °tbstantive provisions contained herein are adopted by resolution of they ty Council. 0 rticle 29. Amendments. This memorandum can be altered or amended only by written agreement between the parties hereto. Article 30. Notices. Notices hereunder shall be in writing and, if to Tustin Police Officers Association, shall be mailed to President,' Tustin Police Officers Association, Post Office Box 1516, Tustin, Ca 92"680; and, if to City, shall be mailed to City Manager, City of Tustin, 15222 Del Amo, Tustin, California 92680. Article 31. Term of Agreement. This Agreement shall be and remain in effect from December 30, 1992, to and including December 31, 1993. Article 32. Conclusion of Agreement. This agreement shall contain all of the covenants, stipulations and the provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this agreement are covered by existing ordinances, resolutions, policies and practices of the City as well as the Personnel Rules & Regulations presently in effect. Therefore, for the life of this agreement, neither the City or Tustin Police Officers Association shall be compelled to meet and confer concerning any mandatory bargaining or meet and confer issue, whether -vecifically met and conferred about prior to the conclusion of this/ reement or which may have been omitted in the meeting and conferring ich led up to the conclusion of this agreement, except by mutual agreement of the parties. Article 33. No Change of Benefits. During the life of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. Article 34. 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 35. Probationary Period. Resolution No. 88-103, Section 7, is modified to include 'a probationary period of not less than eighteen (18) months for new hire police officers. This extended probation period shall not affect an employee's entitlement to periodic merit increases (Resolution No. 88-103, Section 5 (E)). Article 36. Probationary Rejection. A probationary employee, rejected for failure to meet standards or pass probation, shall not be eligible for any: eternal grievance or appeal procedure pursuant to Swift vs. County of lacer. 10( Article 37. Long -Term Disability (LTD) Plan. T.P.O.A. has reviewed and approved the revised LTD Plan outlined in Attachment "A". Both parties agree that the attached is a summary of the plan, not the plan document itself. Article 38. Field Training Officer._ Employees assigned to serve in the capacity of Field Training Officer (FTO) shall receive, in addition to their regular compensation, premium pay in the amount of two and one half percent (2 1/2%) of base salary during the entire period of such assignment. The City shall have the absolute discretion regarding the assignment and reassignment of individuals as FTO's. Any such assignment is not vested and may be revoked at any time without cause, and without any right to challenge such action pursuant to the City's grievance or appeal procedure or pursuant to section 3304 (b) of the California Government Code. Article 39. Physical Fitness Program. The City and T.P.O.A. agree to meet and discuss physical fitness standards and programs during the term of the M.O.U. Absent mutual agreement of the parties, no such standards or programs may be implemented. rticle 40. Minimum Hiring. The minimum hiring age shall be changed front' �ghteen (18) years to twenty-one (21) years. Article 41. Substance Abuse Testing. The City and T.P.O.A. agree to meet and discuss substance abuse testing during the term of the M.O.U. Absent mutual agreement -of the parties, no such testing may be implemented. Article 42. Disciplinary Appeals. Resolution No. 88-103, Sections 12 (C) and (D), is superseded by the "Third Party Advisory Process for Disciplinary Appeals" attached as Exhibit B. Article 43. Work Schedules. A. Effective February 22, 1993 the Department will implement the 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 the 3/12.5 work schedule, (in a 28 -day work cycle the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each day, with 4 consecutive days off, in each seven ( 7 ) calendar day period, except that the employee must work one additional 10 -hour shift during the work cycle) as follows: C. 4110 (1) Traffic and Investigation Divisions, (2) Employees in special assignments (continuation of the schedule is subject to needs of the Department, provided that if the Department desires to discontinue that work schedule, the employee will revert to 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.) or some other schedule upon mutual agreement of the Department and employee]. 3/12.5 Patrol Employees assigned to special task forces or regional teams will work the hours that the team works. The Department shall continue the present practices of (1) rotating shift assignments on a regular basis at 6 -month intervals; (2) allowing employees to sign up for and select shift assignments based on seniority; and (3) limiting an employee to 12 consecutive months on any shift assignment. D. Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. In witness whereof, the parties hereto have executed this document this day of City of Tustin By William A, Huston City Manager TPOAMOU.FIN Tustin Police Officers Association By Robert LaBarge, President TERM: JANUARY 1, 1992 TO DECEMBER 31, 1992 Exhibit "B" Third Party Advisory Process for Disciplinary Appeals Disciplinary actions which may move beyond the Department Head's decision include the actions of termination, suspension, reduction of salary and demotion. The "third party" advisory process is the step between the Department Head's action and the City Manager's final decision. In the Department Head's notice of final disciplinary action (which should be served by registered mail or personal delivery) shall be a statement which clearly informs the employee that he/she has the right, within 10 working days after receipt of the response, to request the next level of appeal. The day the employee receives the Department Head's final notice shall not count as one of the 10 days. The employee's request for the next level of appeal must be addressed to the Administrative Services Director and received in the Personnel office so that same is date stamped by the Personnel Office within the 10 -day period. If, within the 10 -day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed. If within the 10 -day appeal period, the employee involved files _..such notice of appeal by-- giving written notice of appeal. to th Iministrative Services Director, an appeal hearing shall be established }flows: A. If a single third party hearing officer cannot be agreed upon by the Administrative Services Director and the employee's representative (or employee alone if unrepresented), the.American Arbitration Association shall be requested to submit a list of 7 persons qualified to act as arbiters to the City and employee. Within 10 days following receipt of the list of arbiters, the parties shall meet to select the arbiter. The parties shall alternately strike 1 name from the list of arbiters (the right to strike the first name to be determined by lot) until 1 name remains, and that person shall be the arbiter. B. Where practicable, the date for the hearing shall not be less than 20 days, nor more than 60 days, from the date of the filing of the appeal with the Administrative Services Director. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. C. All hearings shall be private provided, however, that the arbiter shall at the request of the employee, open the hearing to the public. D. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party, not less than 5 working days, — prior to the commencement of such hearing. After the commencement such hearing, subpoenas shall be issued only at the discretion of t9ef arbiter. "'bird Party Advisory Process for Disciplinary Appeals 88 age 2 E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly 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. 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. Ora 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 rebuttipr- evidence only, unless -the arbiter for good reason, permits them 1 offer evidence upon their original case; `jird Party Advisory Process for Disciplinary Appeals 3O age 3 6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbiter. H. The arbiter shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a 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. I. The arbiter may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. He/she may not recommend for discipline more stringent than that invoked by the Department Head. The arbiter's opinion and recommendation shall be filed with the City Manager, with a copy sent to the charged employee, and the Administrative Services Director and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's recommendation, the opinion shall set forth the recommended date the employee is recommend to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action. J. Within 30 days of the receipt of the arbiter's findings and recommendations, and transcript (which is optional only in certain cases), whichever date is later, theCity Managershall 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. E -hird Party Advisory Process for Disciplinary Appeals 88 rage 4 Each party shall bear equally the cost of facilities, fees and expenses of the arbiter, including the court reporter and transcripts. If the City Manager orders a transcript for his/her review, the City shall bear the cost of providing the transcript. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled arbitration, thereby resulting in a fee charged by the arbiter or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee. K. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to be effective as of the date the employee was suspended from duty pending hearing before and decision by the City Manager, whichever is applicable. If discipline imposed resulted in.loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate._. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section. f INDEX ITEM PAGE Administrative Regulations . . . . . . . . . . . . . . . 9, 14 Amendments. . . . . . . . . . . . . . . . . . . . . . . 81 11, 14 Application of Agreement . . . . . . . . . . . . . . . . . . 91 14 BereavementLeave . . . . . . . . . . . . . . . . . . . . . . 4t 14 Bilingual Compensation . . . . . . . . . . . . . . 4, 14 Binding on Successors . . . . . . . . . . . . . . . . . . . . 10, 14 Call -Back Duty . . . . . . . . . . . . 0 . . . 0 5, 14 Compensatory Time . . . . . . . . . . . . . . . . . . . . . 5f 61 8 Conclusion of Agreement . . . . . . . . . . . . . . . . . . . 11, 14 Cost of Living Adjustment . . . . . . . . . . . . . . . . . . 3, 14 Court Pay Provisions . . . . . . . . . . . . . . . . . . . . 51 14 DeferredCompensation . . . . . . . . . . . . . . . . . . . . 51 14 Disciplinary Appeals . . . . . . . . . . . . . . . . 12, 14p 17-20 Educational Incentive . . . . . . . . . . . . . . . . . . . . 60, 14 Effective Date . . . . . . . . . . . . . . . . . . . . . . 4 9 14 Employee Life Insurance . . . . . . . . . . . . . . . . . . 61 9, 14 Field Training Officer . . . . . . . . . . . . . . . . . . . 12, 14 Gender. . . . . . . . . . . . . . . . . . . . . . . . . . . 9F 14 General Leave . . . . . . . . . . . . . . . . . . . . 41 5F 8 , 9f 14 Health and Welfare Study Committee . ... . . . . . . . . . . 91 14 Holidays 51 7, 8,_ 14 . - Immediate Family . . . . . . . . . . . . . . . . . . . . . . . . 4( 1 Long Term Disability . . . . . . . . . . . . . . . . . . . . 9, 14 Management Rights Clause . . . . . . . . 81 14 Medical and Dental Insurance . I. . . . . . 6, 14 Minimum Hiring . . . . . . . . . . . . . . . . . . . . . . . 12F 14 No Change of Benefits . . . . . . . . . . . . . . . . . . . . 11, 14 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 14 OvertimeCompensation . . . . . . . . . . . . . . . . . . . . 5, 14 Performance Evaluations . . . . . . . . . . . . . . . . . . . 11, 14 Physical Fitness . . . . . . . . . . . . . . . . . . . . . . 120, 14 Probationary Period . . . . . . . . . .: . . . . . . . . . 7, 11, 14 Probationary Rejection . . . . . . . . . . . . . . . . 11, 14 Proposed LTD Plan . . . . . . . . . . . . . . . . . 14 Ratification . . . . . . . . . . . . . . . . . . . . . . . . 10 , 14 Recognition. . . . . . . . . . . . . . . . . . . . . . . . . 3f 14 Retirement Plan . . . . . . . . . . . . . . . . . 40, 14 Retirement Survivor's Benefits . . . . . . . . . . . . . . . 14 Scope of Renegotiation o o . . . . . . . . . . 91 14 Severability . . . . . . . . . . . . . . . . . . . . . . . . 10, 14 Stand-by Duty . . . . . . . . . . . . . . . . . . . . . . . . . 14 Substance Abuse Testing . . . . . . . . . . . . . . . . . 12, 14 Term of Agreement . . . . . . . . . . . . . . . . . . . . . . 11, 14 Third Party Advisory Process 12, 14, 17-20 Tuition Reimbursement . . . . . . . . . . . . . 61 7, 14 Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . 4 , 14 Work Schedules . . . . .° . . . . . . . . . . . . . . . . . . 12 , 14 t