HomeMy WebLinkAboutCC 9 MOU TPMA 10-19-93AGENDA
UATE'
CONSENT CALENDAR NO. 9
10-19-93
Inter-Com
OCTOBER 13, 1993
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
BETTIE CORREA, SENIOR PERSONNEL ANALYST
MEMORANDUM OF UNDERSTANDING - POLICE MANAGEMENT UNIT
RECOMMENDATION:
That the City Council authorize the City Manager to sign the attached Memorandum
of Understanding (MOU) between the City and the Tustin Police Officers Association
regarding the Police Management Unit which consists of Sergeants and Lieutenants.
FISCAL IMPACT:
The fiscal impact should be negligible for the health and welfare benefits as all
benefits currently.received by this unit were incorporated into this MOU. The retiree
medical plan is the only new benefit in this MOU and since no money is expended
until a member of the unit retires, there is no immediate impact. There are 16
employees eligible under this MOU and in this group there are 5 employees 50 years
of age or over who could choose to retire and begin drawing the $166 per month
benefit toward their health insurance. Should all five choose to retire immediately,
the cost would be $9,960 per year. In another two years, an additional two
employees woUld be eligible and should they retire then, the cost would rise to
$13,944 per year. At this time we have no information to indicate how many of
those eligible will retire in the next five years. We can expect that the cost will
increase gradually as more employees become eligible.
DISCUSSION'
This is the first Memorandum of Understanding for this unit since they just organized
at the end of last year. The City has met and conferred with the Tustin Police
Officers Association and this Memorandum of Understanding contains all provisions
to which both parties have agreed.
BMC2:CNCLRPTP.MGR
MEMORkND~ OF UNDERSTAi~DING
TUSTIN POLICE MANAGEMENT UNIT
TUSTIN POLICE OFFICERS' ASSOCIATION
CITY OF TUSTIN
TERM:
JULY 1, 1993 TO DECEMBER 31, 1993
TABLE OF CONTENTS
Article 1. Recognition ................... 1
Article 2. Retirement Plan ................. 1
Article 3. Retirement Survivor's Benefit .......... · 2
Article 4. Paid Leave .................... 2
Article 5. Uniform Allowance ................ 3
Article 6. Standby Duty ................... 3
Article 7. Call-Back Duty .................. 4
Article 8. Deferred Compensation .............. 4
Article 9. Court Pay Provisions ............... 4
Article 10. Overtime Compensation .............. 4
Article 11. Employee Life Insurance ............ 5
Article 12. Medical and Dental Insurance ........... 5
Article 13. Section 125 Program ................ 5
Article 14. Retiree's Health Insurance ............ 5
Article 15. Long-Term Disability (LTD) Plan ......... 5
Article 16. .Tuition Reimbursement .............. 6
Article 17. Management Rights Clause ............. 7
Article 18. Scope of Renegotiation .............. 7
Article 19. Administrative Regulations ............ 7
Article 20. Effective Date .................. 8
Article 21 Application of Agreement ............. 8
· 8
Article 22. Gender ......................
Article 23. Severability ................... 8
Article 24. Binding on Successors .............. 8
Article 25. Ratification ................... 8
Article 26 Amendments .................... 8
· 8
Article 27. Notices .... . ................
Article 28. Term of Agreement ................ 9
Article 29. Conclusion of Agreement ............. ~
Article 30. No Change of Benefits .............. 9
Article 31. Performance Evaluations ............. 9
Article 32 Probationary Rejection .............. 9
· 9
Article 33. Work Schedules ..................
ATTACHMENTS
A. Master Policy - LTD
MEMORANDUM OF UNDERSTANDING
POLICE MANAGEHENT REPRESENTATION UNIT
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, City
representatives have met and conferred in good faith with the
Tustin Police Officers' Association pertaining to the wages, hours,
benefits and conditions of employment for employees in the Police
Management Representation Unit; and
WHEREAS, the meeting between the Association and City
representatives has 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 the changes and additions to the wages,
hours and conditions of enployment for the police management
employees as set forth herein.
W I TNES SETH
Article 1. Recoqnition. The City has previously recognized the
Tustin Police Officers' Association as the majority
representative of employees in the Police Management
Representation Unit for purposes of representation on issues of
wages, hours and other terns and conditions of employment. As
majority representative, the Association is empowered to act on
behalf of all employees who hold positions in classes in th~
Police Management Representation Unit whether or not they are
individually members of the Tustin Police Officers' Association.
The Classifications constituting the Police Management
Representation Unit are:
Police Lieutenant
Police Sergeant
Article 2. Retirement Plan. The City shall continue to "pick up"
and pay on behalf of each employee the employee's required
contribution to the Public Lmployees 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 M.O.U.
Article 3. Retirement Survivor's Benefit. The city shall provide
the 1959 Survivors Benefit option of the Public Employees
Retirement System for employees, at employee cost.
Article 4. Paid Leave.
A. General Leave
1.
Each employee accrues general leave in accordance with
the following:
Years of Service
General Leave Hours Per Year
0-5 168'
6-10 208
Over 10 248
* 160 hours for employees hired after the effective date
of this Memoradum of Understanding.
·
·
The Police Chief may annually grant an additional eight
(8) hour~ of general leave to each employee whose work
performance is satisfactory.
Subject to the availability of funds and guidelines
established by the City Manager, employees may be paid
for a maximum of forty (40) hours of general leave,
eighty (80) hours if the employee has six (6) or more
years of City service.
B. Administrative Leave
Employee~ shall receive an annual credit of forty (40) hours
of administrative leave which may be uzed only as paid time
off during the year in which it is credited. Subject to
guidelines established by the City Manager, the Police chief
may grant up to an additional forty (40) hours.
C.
Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
D.
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.
For the designated holidays, employees are eligible for eight
(8) hours of paid time off for each full day and four (4)
hours for each of the two (2) afternoon holidays. Unless
operational needs, as determined by the Police Chief, require
that the time be taken at some other date the time off will be
taken on the scheduled holiday.
If the holiday hours paid on a holiday or substituted day off
are less than the employee's regularly scheduled hours the
employee may use accrued compensatory time or general leave to
ensure that hours paid will be the same as would regularly be
paid for the day.
Bereavement Leave
The City shall allow up to three (3) days with pay for the
purpose of bereavement leave in the event of a death in the
employee's 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. - Uniform Allowance. Employees will be paid a uniform
allowance of $325.00 per year. Special motor officer gear and
officer public safety leather gear required by the department will
be provided.
Article 6. Standby Duty. Police Sergeants shall be compensated
for standby duty 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.
Article 7. Call-Back Dut¥.~ In addition to standby compensation,
if any, Police Sergeants shall receive a minimum of two (2) hours
overtime paid at a time and one-half rate for any call which
required them to return to duty.
Article S. Deferred Compensation. The City shall contribute 2% of
the employee's base salary to a deferred compensation program or
vehicle currently offered by the City. It is the responsibility of
employees to complete the necessary paperwork and take 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
representation unit shall be provided with a notification of the
deferred compensation program, including the amount of employer
contributions, during employee orientation.
Article 9. Court Pay Provisions. Police Sergeants shall be paid
at a time and one-half rate for time spent in required court
appearances involving City business that occur during the
Sergeant's off-duty hours. A minimum of two (2) hours of such
compensation will be paid for court appearances scheduled in the
morning (a.m. hours) and/or two (2) hours for court appearances
scheduled in the afternoon (p.m. hours).
Article 10. Overtime Compensation. The City shall pay Police
Sergeants 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, (i.e. (a) 40 hours in a 7-day work cycle for
employees on the 4/10 work schedule; (b) 160 hours in a 28-da~
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 paid shall be
counted as hours worked in these calculations.
In lieu 6f receiving cash payment for overtime, the employee may
elect to be credited with compensatory time at the rate of time and
a half, subject to a maximum accrual of forty (40) hours.
The time during which an employee may take compensatory time shall
be subject to approval by the appointing authority or designee with
due regard for the wishes of the employee and for 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 11. Employee Life Insurance. The City will provide life
insurance on the life of each regular, permanent full-time,
employee and pay the premiums thereof. The death benefit of said
insurance 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.
Article 12. Medical and Dental Insurance. After thirty (30) days
of employment, each employee will be eligible for a City payment of
premiums for employee selected medical insurance under the Public
Employees' Medical and Hospital Care Program and dental insurance
under plans offered through the City. Employees who do not choose
to participate in the insurance programs shall be paid $120.00 per
month. As a condition of' receiving such amount, the employee must
provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the
City program.
Article 13. Section 125 Program. A Section 125 Program will be
implemented on or before January 1, 1994 and include such options
as may be available. The Program shall be administered through
Colonial Life provided that the City retains the right to change
administrators for cause. Participation in the Program is
voluntary and such costs as may attend participation are to be pai~
by the employee.
Article 14. 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
ccntribution.
Article 15. Long-Term Disability (LTD) Plan
ae
Attachment "A" is a master policy for an employee Long-Term
Disability Insurance Plan. This policy contains the primary
components of a plan to be offered employees by the Canada
Life Assurance Company as soon aS possible but not later than
January 1, 1994. Parties to this M.O.U. are in agreement with
the master policy but retain the right to meet and confer on
any provisions of the final Policy which are considered
inconsistent with the intent of the parties.
Be
The "Bank of Hours" program referenced in the Long-Term
Disability Plan, adopted by reference to Attachment "A" in the
current M.O.U., will be abolished upon the effective date of
the Plan in A. above. Hours in the bank will be distributed
equally to the general leave accounts of employees, provided
that if such distribution results in the employee's account
exceeding the authorized maximum accumulation, such excess
will be paid at the employee's then current hourly rate.
Ce
It is understood that extant liabilities of the City
administered LTD Plan are to be satisfied as a condition to
implementation of the Canada Life Assurance Company Plan.
Funds on deposit which may not be needed to satisfy such
liabilities will be applied to costs of the Canada Life Plan.
De
In addition to provisions of the Long-Term Disability
Insurance Plan, the City agrees to pay the same salary benefit
paid by the Plan for disability leave which occurs after the
employee has used eighty (80) consecutive hours of general
leave during the 30 day period beginning with the 1st day of
the leave.
E. FleXible benefits will be continued for three (3) months of a
disability leave and such time will be counted towards
satisfying Federal FMLA requirements.
Article 16- Tuition Reimbursement. Employees shall be encouraged
to further their academic education and trainin~ in those areas o~
benefit to the employee and to the City. Full-time employees will
be eligible for reimbursement by the City of tuition for
professional techniCal courses subject to the fcilowing conditions
and related Council Policy statements:
ae
Department Head and City Manager approval must be obtained
before enrollment in the course.
B.
Reimbursement shall be made 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 ~f ~he employee is
drawing veteran's education benefits or any other
reimbursement for the same course.
De
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 17. MaDagemeDt Right9 ClaUse. Except as otherwise
specifically provided in this Memorandum, the Personnel Rules &
Regulations and Departmental Regulations, and amendments and
revisions thereto, will remain in force and effect, whether
exercised or not, and they are the sole and exclusive righ= 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 ztaffing 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 represent its members pursuant to the Meyer-Milias-Bro%~ Act
or any other applicable State or Federal law.
Article 18. Scope of R~ne~ot~ation at Conclusion of contract. Ail
provisions of this agreement and other conditions of emplo?=ent
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 19. A~inistrative Regulations~ The City Manager may
issue written administrative personnel regulations designed to
augment or clarify the provisions of this memorandum.
Article 20. Effective Date. Ail provisions set forth herein, shall
be effective as of the date of approval of this Memorandum of
Un&~tan~in~ b~' tho Tu~tin City C0uncil, unless o~herwise
specifically provided.
Article 21. Application of Aqreement. 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 Tustin Police Management Representation Unit, and that
this memorandum covers only said employees.
Article 22· 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 23. Severabilitv. 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 24. Bindinq 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 25. 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 substantive provisions contained
herein are adopted by resolution of the City Council.
Article 26. Amendments. This memorandum can be altered or amended
only by written agreement between the parties hereto.
Article 27. Notices. Notices hereunder shall be in writing and,
if to the Tustin Police Management Unit, shall be mailed to
President, Tustin Police Officers' Association, Post office Box
1516, Tustin, Ca 92680; and, if to City, shall be mailed to City
Manager, City of Tustin, 300 Centennial Way, Tustin, California
92680.
Article 28. Term of Aqreement. This Agreement shall be and
remain in effect from July 1, 1993, up to and including December
31, 1993.
Article 29. Conclusion of Aqreement. 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
Management Association shall be compelled to meet and confer
concerning any mandatory bargaining or meet and confer issue,
whether specifically met.-and conferred about 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 the parties.
Article 30. 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 31. 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 32. Probationary Re~ection. A probationary employee,
rejected for failure to meet standards or pass probation, shall not
be eligible for any internal grievance or appeal procedure pursuant
to Swift vs. County of Placer.
Article 33. Work Schedules.
ao
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,
10
except that the employee must work one additional 10-hour
shift during the work cycle) as follows:
Be
Co
De
4/10 3/12.5
(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].
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.
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 Huston
City Manager
PMA-MOU.D3
Tustin Police Officers' Association
B ~
Robert LaBarge
President