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Home My WebLink About10 MEMORANDA OF UNDERSTANDING WITH TUSTIN MUNICIPAL EMPLOYEES ASSOC. AND TUSTIN POLICE SUPPORT SERVICES ASSOC.MEETING DATE: TO: FROM: AGENDA REPORT JULY 7, 2015 JEFFREY C. PARKER, CITY MANAGER Agenda Item 10 Reviewed: City Manager Finance Director $NJA DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: MEMORANDA OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION SUMMARY Adoption of the attached Resolutions and Memoranda of Understanding (MOU) will authorize terms and conditions of employment for employees in classifications represented by the Tustin Municipal Employees Association (TMEA) and the Tustin Police Support Services Association (TPSSA) in accordance with City Council direction. RECOMMENDATION It is recommended that the City Council adopt the following resolutions: 1. Resolution No. 15-37 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TMEA for the period of July 1, 2015 through June 30, 2018; and 2. Resolution No. 15-38 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPSSA for the period of July 1, 2015 through June 30, 2018. 96Yoy_10h'1 17_To31 The terms of these two agreements will result in an additional cost of approximately $2,906,842 over the three-year term of the agreements (an average of $968,947 per year). BACKGROUND AND DISCUSSION The City began the labor negotiations process in December 2014. In April 2015, the City's representatives initiated labor negotiations meetings with representatives from the City's four bargaining units. After months of challenging negotiations, the City is pleased to have reached agreement with two of the bargaining units, TMEA and TPSSA, each with a three-year contract term beginning July 1, 2015 and ending June 30, 2018. City Council Agenda Report July 7, 2015 MOU with TMEA and TPSSA Page 2 TMEA is the City's largest employee association, representing approximately 86 employees in a variety of professional, technical, and administrative support classifications, including Associate Engineers, Executive Assistants, Senior Maintenance Workers, and Water Treatment Operators. TPSSA is the City's civilian employee association, representing approximately 42 civilian employees in the Police Department, such as Police Communications Officers and Police Services Officers. The last across-the-board compensation increases, without any offsetting concessions, occurred in December 2007 for TMEA and in December 2008 for TPSSA. From 2009 through 2012, the City implemented a number of employee cost -reduction measures, including layoffs, increased employee contributions to the CalPERS retirement system, the implementation of second-tier CalPERS retirement plans and second-tier retiree medical plans, reduction in employee General Leave accrual maximums, and an early retirement incentive. In our most recent two-year agreements, the City implemented a new top step on the salary schedule and increased the City's Flexible Benefits contribution used to purchase health, dental, and other insurance. At the same time, these increases were partially offset by employees paying a greater proportion of CalPERS retirement costs. All of our employees are now paying approximately half of the total normal cost of the CaIPERS retirement benefit. These previous employee concessions were made in a context of a world-wide recession, declining City revenues, increased employee retirement costs, and the dissolution of the City's redevelopment agency. To the credit of our employees, all bargaining units recognized the circumstances and agreed to a series of contracts that implemented these concessions. The key terms of the deal are as follows: • 3% base salary increase effective July 1, 2015 and 3% base salary increase effective July 1, 2016 • One-time lump sum payment equivalent to 4% of the group's average base salary effective July 1, 2017 • Increases to the City's Flexible Benefits contributions of $75 per month effective July 1, 2015, $50 per month effective July 1, 2016, and $50 per month effective July 1, 2017 • Increases to the City's Flexible Benefits Opt Out contribution of $50 - $100 per month effective July 1, 2015, $25 per month effective July 1, 2016, and $25 per month effective July 1, 2017 • Additional opportunity to voluntarily cash out 37 — 58 hours of accrued General Leave once each fiscal year during the term of the agreement The establishment of Martin Luther King, Jr. Day as a paid City holiday City Council Agenda Report July 7, 2015 MOU with TMEA and TPSSA Page 3 Amending the Tuition Reimbursement program to allow reimbursement for approved courses up to $4,000 per year for graduate school, a four-year college or university, or other related programs or up to $2,000 per year for community college The contracts also include additional items unique to each association and a number of modifications to clarify current practices. For TMEA, additional provisions include an extension of the City Hall Holiday Closure and Field Services 4/10 work schedule programs first implemented on a trial basis two years ago and assurances that Water Services and Building Inspection employees who are required to work during the Holiday Closure are entitled to overtime compensation. For TPSSA, the contract also provides for Special Assignment Pay of $100 per month in recognition of the additional duties and responsibilities for employees who compete and are selected for assignments in the Gang Unit, General Investigations / Special Investigations Unit, Professional Standards Division, or Traffic Unit. Both agreements contain re -openers midway through the contract should conditions change and either the City or the association feel the need to negotiate over any terms and conditions of employment. The City is extremely pleased to have multi-year agreements with TMEA and TPSSA that are positive for the employees, within the City's financial means, and will provide stability and labor peace. Derick Yasu Director of Human Resources Attachments: 1. City Council Resolution No. 15-37 2. MOU between the City and TMEA for July 1, 2015 through June 30, 2018 3. City Council Resolution No. 15-38 4. MOU between the City and TPSSA for July 1, 2015 through June 30, 2018 RESOLUTION NO. 15-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City Council of the City of Tustin, California (the "City") has authorized and directed, under the provisions of the City's Personnel Rules, Resolution No. 10-94, the preparation of a Classification and Compensation Plan for all employees in the City service; and WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the Classification and Compensation Plan be approved by resolution of the City Council; and WHEREAS, the City and the Tustin have met and conferred in good faith in Meyers-Milias-Brown Act; and Municipal Employees Association (TMEA) accordance with the requirements of the WHEREAS, the City and TMEA have reached agreement on wages, hours, and terms and conditions of employment effective July 1, 2015 through June 30, 2018, as more particularly set forth in the attached Memorandum of Understanding: NOW, THEREFORE, BE IT RESOLVED: The Memorandum of Understanding between the City and TMEA, effective July 1, 2015, is hereby approved and incorporated herein by reference as though fully set forth herein and staff is authorized to amend the City's Classification and Compensation Plans accordingly. II. This Resolution shall become effective on July 1, 2015, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7t" day of July 2015. Resolution 15-37 Page 1 of 2 CHARLES E. PUCKETT Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 1 I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 15-37 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of July 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Resolution 15-37 Page 2 of 2 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION TERM: July 1, 2015 to June 30, 2018 TMEA MOU 2015-18 TABLE OF CONTENTS CHAPTER 1— GENERAL PROVISIONS........................................................................................................3 Article1. Recognition...........................................................................................................................3 Article 2. Represented Classes.............................................................................................................3 Article3. Entire Agreement.................................................................................................................4 Article4. Reopener..............................................................................................................................5 Article5. Severability...........................................................................................................................5 Article 6. Binding on Successors...........................................................................................................5 Article7. Amendments........................................................................................................................5 Article8. Contract Bar..........................................................................................................................5 Article9. Notices................................................................................................................................. 6 Article 10. Association Dues.................................................................................................................6 Article 11. Payroll Deductions..............................................................................................................6 CHAPTER 2 — COMPENSATION.................................................................................................................6 Article12. Salary..................................................................................................................................6 Article 13. Overtime Compensation.....................................................................................................7 Article 14. Paid Overtime Meal............................................................................................................7 Article 15. Bilingual Compensation......................................................................................................7 Article 16. Certification Pay..................................................................................................................8 Article17. Standby Duty......................................................................................................................9 Article 18. Shift Differential Pay......................................................................................................... 10 Article19. Call Back Duty................................................................................................................... 10 Article20. Acting Pay......................................................................................................................... 10 Article 21. Water Distribution Operator Reclassification.................................................................... 10 CHAPTER 3 — BENEFITS.......................................................................................................................... 11 Article 22. Flexible Benefits Plan........................................................................................................11 Article23. Retirement....................................................................................................................... 12 Article 24. Employee Life Insurance................................................................................................... 14 Article 25. Short -Term / Long -Term Disability Insurance.................................................................... 14 Article 26. Tuition Reimbursement.................................................................................................... 15 Article 27. Retiree Medical Insurance................................................................................................. 16 CHAPTER 4— LEAVES OF ABSENCE......................................................................................................... 16 Article28. General Leave................................................................................................................... 16 TMEA MOU 2015-18 Article 29. Compensatory Time Off....................................................................................................17 Article30. Holidays............................................................................................................................ 18 Article31. Holiday Closure................................................................................................................. 18 Article 32. Bereavement Leave.......................................................................................................... 18 CHAPTER 5 —WORKING CONDITIONS.................................................................................................... 19 Article 33. Workweek & Work Schedules........................................................................................... 19 Article34. Rest Periods...................................................................................................................... 19 Article35. Lunch Break..................................................................................................................... 19 Article36. Uniforms...........................................................................................................................20 Article 37. Commercial Driver's License..............................................................................................21 CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS................................................................................. 21 Article 38. Appeals Procedure............................................................................................................ 21 Article 39. Grievance Procedure.........................................................................................................24 Article 40. Performance Evaluations..................................................................................................26 Article41. Meetings........................................................................................................................... 26 Article 42. No Strike/Job Action......................................................................................................... 27 Article43. Agency Shop..................................................................................................................... 27 Article 44. Management Rights.......................................................................................................... 29 Article45. Layoffs..............................................................................................................................29 APPENDIX A— MONTHLY SALARY RANGES............................................................................................. 35 TMEA MOU 2015-18 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, in accordance with the provisions of California Government Code Sections 3500 et seq. and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules 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 (hereinafter sometimes referred to as TMEA) pertaining to the subject of wages, benefits and conditions of employment; and WHEREAS, the meetings between the Tustin Municipal Employees Association and the City representatives have resulted in an agreement and understanding to recommend that the employees represented by the Tustin Municipal Employees Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions the changes and additions to the wages, hours, and conditions of employment for the represented classes. WITNESSETH NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement the provisions of this Memorandum of Understanding (MOU) and modify the City's Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages, hours and conditions of employment be adopted and set forth as follows: CHAPTER 1— GENERAL PROVISIONS Article 1. Recognition The Tustin Municipal Employees Association is the majority representative of employees in the hereinafter listed classes for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative, the Tustin Municipal Employees Association is empowered to act on behalf of employees in the General Employees Representation Unit, whether or not they are individually members of the Tustin Municipal Employees Association. Article 2. Represented Classes A. The Tustin Municipal Employees Association represents the following full-time (and part-time employees subject to paragraph B of this Article) classifications which are covered by this agreement: Accounting Specialist Accountant Administrative Assistant Assistant Engineer Assistant Planner Associate Engineer Associate Planner Building Inspector [3] TMEA MOU 2015-18 Building Permit Technician Business License Technician City Clerk Services Specialist Code Enforcement Officer Environmental Compliance Specialist Equipment Mechanic Equipment Operator Executive Assistant Information Technology Specialist Mail and Duplication Specialist Maintenance Leadworker Maintenance Worker Management Analyst Management Assistant Office Assistant Parking Control Specialist Plan Checker Planning Technician Public Works Inspector Recreation Facilities Assistant Recreation Facilities Leadworker Recreation Program Specialist Senior Accounting Specialist Senior Building Inspector Senior Maintenance Worker Senior Management Assistant Senior Public Works Inspector Transportation Coordinator Water Distribution Leadworker Water Distribution Operator 1/11 Water Equipment Operator Water Meter Reader Water Treatment Operator 1/11 Part-time regular classifications, designated pursuant to the City budget, are those classifications/positions that are anticipated to have work scheduled on a regular year-round basis, for an average of twenty or more hours per week, and the position is anticipated to continue for a period in excess of twelve months. Such classifications shall be designated as half-time (20-29 hours per week) or three-quarter time (30-39 hours per week). The City shall budget annually for all positions on a half (%) time, three quarter (%) time or full time basis. Only those classifications designated as a regular allocated position shall be included for representation in this unit. Article 3. Entire Agreement This Agreement supersedes all prior agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term unless otherwise expressly provided herein. [41 TMEA MOU 2015-18 The City and the Association, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter covered in this Agreement, including the impact of the City's exercise of its rights as set forth herein on wages, hours or terms and conditions of employment. This paragraph does not waive the right to bargain over any subject or matter not covered in this Agreement which is a mandatory subject of bargaining and concerning which the City is considering changing during the term of this Agreement. Article 4. Reopener A. Prior to January 1, 2017 either side may request to meet and confer for the purpose of effecting changes to this MOU to go into effect on January 1, 2017 or later. B. The parties recognize that certain state and federal laws, programs, and regulations, including the Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter healthcare coverage options, cost, or other elements of healthcare services that materially alter the provisions of this MOU, either party may request to re -open the article of the MOU regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage and the City will not unilaterally implement any changes with regard to this article. In addition, should state or federal laws concerning taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. C. Prior to formally notifying the Association of a decision to lay off a position, the City will notify the Association two work days (48 hours) in advance of the decision, in an effort to provide an opportunity for the Association to provide feedback, suggestions and/or to ask questions regarding the impending decision. Article 5. Severability If any part of this Memorandum is rendered or declared invalid by reason of any existing or subsequently -enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this Memorandum shall not render invalid the remaining parts hereof. Article 6. Binding on Successors This Memorandum shall be binding on the successors and assigns of the parties hereto and no provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by the consolidation, merger, transfer or assignment of either party hereto. Article 7. Amendments This Memorandum can be altered or amended only by written agreement between the parties hereto. Article 8. Contract Bar The recognition rights of the 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 [5] TMEA MOU 2015-18 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 Memoranda 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 9. Notices Notices hereunder shall be in writing, and if to the Tustin Municipal Employees Association, shall be mailed to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA 92780; and, if to the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92780. Article 10. Association Dues Consistent with current practice, the City shall continue to deduct Association dues from member paychecks and forward the dues to the Association. Article 11. Payroll Deductions A. Deductions of authorized amounts may be made from an employee's pay for the following purposes: 1. Withholding tax. 2. Contributions to retirement benefits. 3. Contribution to survivor benefits. 4. Payment of life insurance and accidental death and dismemberment insurance premiums. 5. Payment of non -industrial disability insurance premium. 6. Payment of hospitalization and major medical insurance premium. 7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC Section 125. 8. Payment of supplemental insurance premium. 9. Payment to or savings in a credit union or bank. 10. Contributions to United Way, Community Health Charities or other designated charity organizations. 11. Payment of membership dues to TM EA. 12. Payment for non -return of uniforms and/or equipment issued. 13. Other purposes as may be authorized by the City and the employee. B. In the event of a federally recognized natural disaster, employees may voluntarily elect to cash out accrued General Leave or Compensatory Time Off hours for the purpose of donating the cash value of the accrued leave to the relief fund of the employee's choice. CHAPTER 2 — COMPENSATION Article 12. Salary A. Salary ranges for represented classifications are listed in Appendix A. [6] TMEA MOU 2015-18 B. Upon promotion the employee shall receive a salary adjustment of at least 5%, provided that in no event shall the promoted employee's salary exceed the maximum of the range. C. Effective the pay period which includes July 1, 2015, employees in the bargaining unit shall receive a three percent (3.0%) base salary increase. D. Effective the pay period which includes July 1, 2016, employees in the bargaining unit shall receive a three percent (3.0%) base salary increase. E. With the paycheck issued for the pay period which includes July 1, 2017, all unit employees who are employed by the City on the effective date will receive a one-time lump sum payment of $2,625.00. In accordance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), this lump sum payment will not be reported to CalPERS for purposes of retirement. Article 13. Overtime Compensation All unit employees shall receive overtime compensation at a rate of time and one-half for all approved overtime hours worked in excess of forty (40) hours worked in a seven (7) day work period. Holiday, Jury Duty and Bereavement Leave hours shall be counted as hours worked for purposes of determining overtime eligibility. Holiday closure days shall be counted as hours worked for purposes of determining overtime eligibility for employees in the following classifications: Water Distribution Leadworker, Water Distribution Operator 1/11, Water Equipment Operator, and Water Treatment Operator 1/11 in the Water Services Division; and Building Inspector and Senior Building Inspector in the Community Development Department. Employees in these classifications will use General Leave (GL) for their regularly scheduled hours during the holiday closure in the same manner as other employees in the bargaining unit. In addition, however, if employees in these classifications are required to work during the holiday closure, all hours actually worked will be paid at a rate of time and one-half (1.5) at the base rate of pay for the hours worked. Article 14. Paid Overtime Meal The City will provide a meal, or provide reimbursement for a meal, in an amount not to exceed $12 for unit employees who are required to work unscheduled overtime provided the work situation requiring the overtime is such that the employee is held over, called in early, or called in on his/her day off, without prior notice, so that the combined regular shift and overtime assignment totals a minimum of four hours over the employee's regular work shift. Article 15. Bilingual Compensation The City shall pay one hundred dollars ($100) per month ($46.15 paid biweekly) to employees in City - designated positions who demonstrate 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. D] TMEA MOU 2015-18 In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 16. Certification Pay The City believes it is beneficial for the City and its employees when an employee enhances his/her skill set in a manner that adds useful education and/or additional skills to the City service beyond the minimum requirements of an employee's classification. A. One -Time Incentive Cash Payment Eligible certifications must be obtained by testing (certifications issued by virtue of grandfathering do not apply). It is the expectation that the employee participates in the training and/or classroom instruction necessary to achieve certification on the employee's own time and at the employee's own expense (classes may be eligible for reimbursement through the tuition reimbursement program). Eligible certifications must be obtained after employment (or after promotion), and be directly job- related and specifically applicable to an employee's job assignment. Certification Pay may be granted in an amount not to exceed a one-time incentive cash payment of up to $500 per certification for non -probationary unit employees. Employees receiving Water Division Certification Pay as described below are not eligible for the One -Time Incentive Cash Payment. Administration, granting and amounts of Certification Pay are at the sole discretion of City management. The cash incentive payment, less applicable taxes, will be made payable to the employee the first pay period after approval and submission of documentation suitable to the Director of Human Resources. The amount of the award and tax deducted will be included on the W-2 form issued to the employee. Required certifications currently are as follows: Associate Engineer Building Inspector Plan Checker Senior Building Inspector Water Distribution Leadworker Water Distribution Operator I Water Distribution Operator II Water Equipment Operator Water Treatment Operator I Water Treatment Operator II CA Professional Engineer Registration ICC*/ICBO** — Building Inspection Certification ICC*/ICBO** — Licensed Plans Examiner ICC*/ICBO** — Building Inspection Certification CA DHS*** —Grade D2 CA DHS*** —Grade D1 CA DHS*** —Grade D2 CA DHS*** —Grade D2 CA DHS*** — Grade D1 & T1 CA DHS*** — Grade D2 & T2 *ICC— International Code Council **ICBO — International Conference of Building Officials ***CA DHS— California Department of Health Services 181 TMEA MOU 2015-18 B. Water Division Certification Pay The following classifications will be eligible to receive one level of certification pay which will be paid monthly for possessing certification above the level required for their position. Advancement to the next level can only be reached progressively as follows: LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 D2 D3 D4 T1 & above Water Distribution Leadworker n/a $50 $75 $100 Water Distribution Operator 1 $50 n/a n/a n/a Water Distribution Operator 11 n/a $50 $75 $100 Water Equipment Operator n/a $50 $75 $100 LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5 T2 D2 T3 D3 D4 Water Treatment Operator 1 $50 $75 n/a n/a n/a Water Treatment Operator II n/a n/a $50 $75 $100 In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of the water division certification pays shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay, water certification premium" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. C. Backflow Certification Pay Individuals in the classifications of Water Distribution Leadworker, Water Distribution Operator 1/11, Water Equipment Operator, or Water Treatment Operator 1/11 who possess a Backflow certification are also eligible to receive Backflow Certification Pay of $50 per month. This certification pay shall be in addition to the Water Division Certification Pay listed above. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of backflow certification pay shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay, water certification premium" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 17. Standby Duty Employees assigned to Standby Duty shall be compensated at the rate of one (1) hour of straight -time compensation for each eight (8) hours of such duty. Such compensation on Holidays (including the holiday closure) shall be at the rate of two (2) hours of straight -time compensation for each eight (8) hours of Standby Duty. Additionally, an employee who is standing by and is required to log on to the SCADA System shall be credited with a minimum of one-half (1/2) hour of work time or the actual time [91 TMEA MOU 2015-18 spent in system operation, whichever is greater. Said minimum will apply to each log -in provided that only one minimum will be credited during any thirty minute period. Article 18. Shift Differential Pay Any unit employee assigned on a regular basis (ten or more continuous working days) to a shift that includes at least eight hours between 2:30 p.m. and 3:00 a.m. shall receive Shift Differential Pay of twenty-five dollars ($25) 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CalPERS as Special Compensation. The parties agree that shift differential is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay' — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 19. Call Back Duty Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for any call (fifteen (15) or more minutes beyond the end of their shift) which requires them to return to duty. Call Back Pay begins when an employee returns to work and does not include travel time. Call Back Pay does not apply to regular or pre -scheduled work. Article 20. Acting Pay A. An employee assigned to temporarily work in a higher classification will receive Acting Pay of 5% of base pay. This rate will be paid after the employee has been in the assignment for nine (9) consecutive calendar days. Acting Pay shall only be provided if the employee is performing the full scope and functions of the higher-level classification. An employee's base salary combined with Acting Pay can never exceed the salary range of the acting classification. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CalPERS as Special Compensation. The parties agree that acting pay ("Temporary Upgrade Pay') is described in Title 2 CCR, Section 571(a)(3) as a "premium pay' — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. B. The City will provide Acting Pay for one (1) Maintenance Worker or Senior Maintenance Worker performing street sweeper operations in a "fill-in" capacity for no more than fifty-two (52) occurrences in a calendar year. The hourly rate of pay shall be at Step F of Equipment Operator. Article 21. Water Distribution Operator Reclassification Employees in the classification of Water Distribution Operator I become eligible to be reclassified to the classification of Water Distribution Operator 11 upon recommendation of the Director of Public Works after meeting the following requirements: 1) successful completion of the probationary period as a [10] TMEA MOU 2015-18 Water Distribution Operator I, 2) possession of a valid Class A or Class B California commercial driver's license, and 3) possession of a valid Water Distribution Operator II certificate. The effective date of the reclassification is the beginning of the pay period after the Human Resources Department receives and approves the reclassification request form. Upon reclassification, the employee will be placed at the salary step of Water Distribution Operator II that is closest to the employee's current salary. A reclassified employee will not be required to serve a new probationary period and the employee's dates for performance evaluations and merit increases will remain on the same schedule. CHAPTER 3 — BENEFITS Article 22. Flexible Benefits Plan A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the provision of medical insurance. All employees in the bargaining unit shall receive the minimum amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA), $122 for calendar year 2015 and a yet to be determined amount for subsequent calendar years, as well as an additional amount which is provided under a Section 125 Flexible Benefits program. The amounts below include the minimum amount under PEMHCA. B. Effective the pay period that includes July 1, 2015, the Flexible Benefits contribution per month per eligible employee is as follows: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $750 $1,000 $1,200 C. Effective the pay period that includes July 1, 2016, the Flexible Benefits contribution per month per eligible employee will be increased to the following amounts: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $800 $1,050 $1,250 D. Effective the pay period that includes July 1, 2017, the Flexible Benefits contribution per month per eligible employee will be increased to the following amounts: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $850 $1,100 $1,300 Designated part-time regular employees shall be eligible for the Flexible Benefits contribution on a pro -rata share based upon position allocation (i.e., a % time employee shall receive a 50% contribution; a % time employee shall receive a 75% contribution). E. Employees who do not take medical insurance through the program offered by the City shall receive $400 per month effective the pay period that includes July 1, 2015 ($425 effective the pay period that includes July 1, 2016 and $450 effective the pay period that includes July 1, 2017) as the Flexible Benefits Opt -Out contribution. As a condition of receiving such amount, the employee must TMEA MOU 2015-18 provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. If the employee also opts out of the City's dental insurance, the employee must also provide evidence, satisfactory to the City, that he/she has dental insurance coverage comparable to coverage available through the City program. Designated part- time regular employees shall be eligible for the Flexible Benefits Opt -Out contribution on a pro -rata share based upon position allocation (i.e., a % time employee shall receive a 50% contribution; a time employee shall receive a 75% contribution). F. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City -sponsored programs, including required payment towards employee medical insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). Employees may allocate the remaining amount among the following City -sponsored programs: 1. Medical insurance 2. Dental insurance 3. Additional life insurance 4. Vision insurance 5. Deferred compensation 6. Section 125 Flexible Spending reimbursement programs) 7. Eligible catastrophic care programs 8. Cash Account programs (medical and/or dependent care Discretionary allocations are to be made in accordance with program/City requirements, including restrictions as to the time when changes may be made in allocations to the respective programs. G. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration of this Agreement unless changed by mutual agreement of the City and Association. The City retains the right to change administrators. Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary and employee -funded. Article 23. Retirement A. Employees covered under this agreement shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS. B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous members. The plan includes both an employer and employee contribution. 1. These employees are responsible for paying the employee contribution of seven percent (7%) of the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax. The plan has been amended to include Section 21573 (Third Level of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section [12] TMEA MOU 2015-18 21024 (Military Service Credit as Public Service). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. 2. These employees are also responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees' base salary would be reduced by three percent (3%). C. Miscellaneous members employed by the City on or after January 1, 2012 who are "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be enrolled in the CalPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and employee contribution. 1. These employees are responsible for paying the employee contribution of 7% of the employee's wages through a payroll deduction. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. This plan provides retirement benefits based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or as designated by the employee in accordance with Government Code Section 20037. The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the employee portion of the premium. 2. These employees are also responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees' base salary would be reduced by three percent (3%). D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @ 62 plan for Local Miscellaneous members. 1. The employee is responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period including July 1, 2015, the employee contribution is 6.25%. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 2. This plan provides retirement benefits based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or as designated by the employee in accordance with Government Code Section 7522.32(a). The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the employee portion of the premium. [13i TMEA MOU 2015-18 E. Designated part-time regular employees shall be eligible for participation in CalPERS in the same manner as regular full-time employees. Article 24. Employee Life Insurance The City will provide life insurance for each regular unit employee and pay the required premiums. The death benefit of said policy for full-time employees shall be the greater of $100,000 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000, up to a maximum of $200,000. For three quarter (%) time employees the death benefit shall be the greater of $75,000 or 100% of the employee's base annual salary to the nearest multiple of $1,000, up to a maximum of $200,000 and for half-time (1/2) employees it shall be the greater of $50,000 or 100% of the employee's base annual salary to the next highest multiple of $1,000, up to a maximum of $200,000. The City will also provide $1,000 per dependent of dependent life insurance. Article 25. Short -Term / Long -Term Disability Insurance A. The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non- industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of the STD/LTD insurance carrier. B. An employee who is receiving STD benefits under the City's program will be granted a leave of absence for the duration of his/her non -industrial disability subject to a maximum period of six (6) months. Such leave of absence may be extended for an additional six (6) months under LTD, upon approval of the City Manager. C. All unit employees are required to participate in the program. Premiums are deducted from the employee's pay on an after-tax basis. D. In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first required to use 80 consecutive hours of his/her accrued leave (General Leave or Compensatory Time Off) during the 30 day period beginning with the first day of the leave. In the event no leave time is available, the employee shall be on leave without pay for 80 consecutive hours. E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base salary. This City payment is taxable income. The employee may supplement this City payment with accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability earnings. F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently with FMLA/CFRA leave. G. For a new employee who has worked for the City for less than 12 consecutive months, and is therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the same Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a period not to exceed 90 days. Should an employee receive 90 days of City -paid Flexible Benefits within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City for his/her previous contribution. [14] TMEA MOU 2015-18 H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs first), no paid leave shall accrue to the employee. I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of 60% of pre -disability base salary. The employee may supplement the STD/LTD carrier's payment with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability earnings. The employee is responsible for all benefit elections and payments during his/her leave unless he/she is eligible to opt out of such elections and chooses to do so. In the event the employee chooses to continue his/her benefit elections, the employee is required to make timely payment to the City for such elections (including the cost of the STD/LTD program). In the event timely payment is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an amount equivalent to the premiums owed by the employee. In the event no paid leave is available, the City is authorized to cancel the employee's coverage. K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any rolling 12 -month period. Article 26. Tuition Reimbursement Employees shall be encouraged to further their academic education and training in those areas of benefit both to the employee and to the City. Full-time and designated part-time regular employees shall be eligible for tuition reimbursement on a pro -rata share based upon position allocation (i.e., a time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Employees will be eligible for reimbursement of eligible expenses by the City for professional and technical courses subject to the following conditions: 1. Department head and Director of Human Resources approval must be obtained before enrollment in the course. 2. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon completion of the course with a satisfactory grade and after completion of the initial probationary period. Requests to enroll in courses may be granted prior to the completion of probation; however, payment will not be made until the employee has completed the probationary period and attained regular status. 3. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. 4. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for attending graduate school, a four-year college or university, or a job-related program through University of California or California State University extended education programs and $2,000 per year for attendance at a California Community College. This reimbursement benefit may be used for other job-related educational programs administered by other professional organizations with the express approval of the City Manager. If an employee separates from City service within one calendar year of receiving this Tuition Reimbursement benefit, the employee is responsible for refunding the City the full amount of the benefit that was paid. Funds will be deducted from the employee's final paycheck to cover the re -payment of the tuition reimbursement. [15] TMEA MOU 2015-18 5. The City has set up procedures that allow for expedient reimbursement for classes taken and fees paid. Employees may request reimbursement in the calendar year that the class is taken and completed. Failure to request reimbursement in a timely manner and/or classes taken in excess of the allowable reimbursement level cannot be carried over to a future year reimbursement period. Article 27. Retiree Medical Insurance A. The City will reimburse eligible unit employees up to a maximum of $250 per month for the payment of CalPERS retiree medical insurance premiums. This amount includes the minimum contribution towards retiree medical insurance required under the PEMHCA program ($122 for calendar year 2015 and a yet to be determined amount for subsequent calendar years). B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that he/she has been continuously employed by the City for five (5) full years, retires from the City and CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees, who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the five (5) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that he/she has been continuously employed by the City for ten (10) full years, retires from the City and CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees, who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the ten (10) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. D. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing. In order to maintain the retiree medical insurance stipend throughout retirement, an employee must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. CHAPTER 4 — LEAVES OF ABSENCE Article 28. General Leave A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year, prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a pay period, his/her General Leave will be earned on a prorated basis for the pay period. Periods of Service General Leave Maximum Accrual Hours Per Year 0-5 years 160 hours 320 hours 6-10 years 208 hours 416 hours Over 10 years 248 hours 496 hours [16i TMEA MOU 2015-18 B. Designated part-time regular employees shall be eligible for General Leave on a pro -rata share based upon position allocation (i.e., a % time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). C. At any time, employees may accumulate General Leave to a maximum of two times the employee's annual entitlement. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the maximum. Upon separation from City service the employee will be paid for unused Leave, not to exceed the maximum of two years entitlement, at the employee's then current base salary rate. D. Once per fiscal year, each regular and promotional probationary employee may request to be paid for a maximum of twenty (20) hours of accrued General Leave. General Leave Cash Out will be granted once per fiscal year per employee. For all three years of the term of this MOU (July 1, 2015 through June 30, 2016, July 1, 2016 through June 30, 2017 and July 1, 2017 — June 30, 2018) once per fiscal year employees may cash out additional accrued General Leave as follows based on years of service used to determine General Leave accrual rates, provided employees have at least 160 hours of accrued General Leave at the time of cash out: 0-5 years 37 additional hours per year 6-10 years 48 additional hours per year Over 10 years 58 additional hours per year The additional hours may be cashed out at the same time as the initial 20 hours or at one additional time during each fiscal year. Additionally, any of the GL cash -out may be directed to the employee's deferred compensation account up to the statutory limits for deferred compensation (in 2015, the statutory limits are $18,000 per year, with a catch-up limit of $36,000). E. Each calendar year, employees in the classifications of Accountant, Accounting Specialist, and Senior Accounting Specialist are required to use a minimum of five (5) consecutive work days of accrued General Leave. Employees are exempt from this requirement during their first calendar year of employment as a full-time employee with the City of Tustin. F. Effective with the pay period that ended on June 29, 2012, all accrued General Leave one hundred twenty (120) hours below the new maximum (i.e. hours over 200, 296, or 376) was transferred to an Excess General Leave Bank (EGLB). Mandatory cash out of all remaining Excess General Leave will be paid to employees with the second paycheck in July 2015. Should employees with an Excess General Leave Bank wish to cash out General Leave pursuant to Article 28.D, the hours to be cashed out must first be taken from the Excess General Leave Bank. G. Employees may also use hours in the Excess General Leave Bank for General Leave purposes. Article 29. Compensatory Time Off A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving overtime compensation at the rate of one and one-half (1 %) hours for each hour of overtime worked. Employees may accrue up to ninety (90) hours of Compensatory Time Off. Employees will be paid for all Compensatory Time Off in January 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. [17] TMEA MOU 2015-18 B. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with reasonable notice of such request. "Reasonable notice" is defined as at least two weeks' notice. If reasonable notice is provided, the employee's request will not be denied unless it would be unduly disruptive to the department to grant the request. A request to use Compensatory Time Off with less than two weeks' notice may still be granted within the discretion of the supervisor or manager responsible for considering the request. Article 30. Holidays The following days shall be holidays for which all employees will receive compensation either in pay or paid time off: January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Thanksgiving Day Day following Thanksgiving Day December 24 December 25 December 31 New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Christmas Day New Year's 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. If a holiday falls on a day that is also a bargaining unit member's regular day off, the employee will accrue nine (9) hours to his/her General Leave bank for the holiday. If a holiday falls on an employee's regularly scheduled working Friday, the employee will receive eight (8) hours of holiday pay and accrue one (1) hour to his/her General Leave bank. Employees working a 4/10 work schedule during Daylight Savings Time will not need to use any General Leave time to cover the holiday. Designated part-time regular employees shall be eligible for holidays on a pro -rata share based upon position allocation (i.e. a % time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Article 31. Holiday Closure City Hall will be closed on the days between Christmas Day and New Year's Eve. An employee regularly assigned to work on one or more days during this time period shall use accrued paid leave for his/her regularly scheduled hours for each day he/she would otherwise have been scheduled to work. Article 32. Bereavement Leave The City will allow up to five (5) days of paid leave for the purpose of Bereavement Leave in the event of a death in the immediate family. For purposes of this section, "immediate family" shall be defined as [18] TMEA MOU 2015-18 including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, sister, child, stepchild, grandparent, and grandchild of the employee or the employee's spouse/registered domestic partner. Designated part-time regular employees shall be eligible for Bereavement Leave on a pro -rata share based upon position allocation (i.e. a % time employee shall receive a 50% allocation; a time employee shall receive a 75% allocation). CHAPTER 5 — WORKING CONDITIONS Article 33. Workweek & Work Schedules A. The workweek for all members of the unit shall be 168 regularly recurring hours. For employees working a schedule other than the 9/80 work schedule, the workweek shall begin on Sunday at 12:00 a.m. and end at 11:59 p.m. the following Saturday. For employees working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four (4) hours after the start time of his/her eight (8) hour shift on the day of the week that corresponds with the employee's alternating regular day off. B. During Daylight Savings Time, Field Services employees shall work a 4/10 work schedule. Employees shall be assigned to a Monday through Thursday shift or a Tuesday through Friday shift. C. Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. D. The City will provide a seven (7) day notice to affected employees prior to modifications to an employee's regular work schedule. E. Individuals wishing to flex hours or modify their work schedule from one day to another (for example, work 8 hours on Tuesday and 10 hours on Thursday) must receive advance authorization from their supervisor. An employee's request to modify a work schedule or flex his/her schedule is not intended, nor shall it be allowed, to enable an overtime liability to the City pursuant to the MOU or the FLSA. Article 34. 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 additional compensation will be provided for rest periods not taken. Article 35. Lunch Break The City has agreed to Field Services and Water Services employees taking a one-half hour lunch in the field. This is in recognition of the fact that the City anticipates increased efficiency, because, as a general rule, employees will not return to the Corporation Yard for the lunch break. Unit employees (other than Field Services and Water Services employees) are scheduled to take a one (1) hour lunch period. Individuals wishing to flex a portion of their lunch hour (for example — reduce lunch to % hour and leave % hour early for the day) must receive advance authorization from their supervisor. [19] TMEA MOU 2015-18 Article 36. Uniforms A. The City will make raingear and overalls available for use by Building Inspectors, Senior Building Inspectors and Public Works Inspectors. B. The City will provide eleven (11) sets of pants/shorts and shirts for each Field and Water Services division employee, ten sets of pants/shirts for Custodians and Water Meter Readers, and two shirts for the Transportation Coordinator required to wear a uniform and the City will pay the cost of renting and cleaning the standard -issue employee uniforms. Each employee may designate a combination of pants and shorts for the term of the contract with the uniform vendor. This combination may not be changed during the term of the contract with the uniform vendor. Field and Water Service division employees may substitute one pants/shirt set with a pair of coveralls. 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. C. Unit employees who separate from City service shall be responsible for the return of all uniforms and equipment issued and/or purchased on behalf of the employee. Failure to return uniforms and/or equipment issued will result in a reduction equivalent to the dollar value of the cost of those items not returned from the employee's final paycheck. D. The City shall provide safety boots/shoes to employees in the unit who need them to effectively perform their job. Classifications required to wear safety boots/shoes include the following: Equipment Mechanic, Equipment Operator, Maintenance Leadworker, Maintenance Worker, and Senior Maintenance Worker in the Field Services Division; Water Distribution Leadworker, Water Distribution Operator 1/11, Water Equipment Operator, and Water Treatment Operator 1/11 in the Water Services Division; Public Works Inspector and Senior Public Works Inspector in the Engineering Division; Building Inspector, Senior Building Inspector, and Code Enforcement Officer in the Community Development Department; Water Meter Reader in the Finance Department, Recreation Facilities Lead in the Parks and Recreation Department, and any other classification to which the parties agree. The City shall replace safety boots/shoes one time each twelve (12) months if necessary and re-heel/re-sole the safety boots/shoes one time each six (6) months if necessary. Employees may also request a new insole for their boots/shoes in lieu of a new pair of boots/shoes or a re-heel/re-sole of boots/shoes. Unit employees who separate from City service with less than six (6) months of service shall return safety shoes or the City shall deduct a pro -rata share of the purchase price of the shoes from the employees' final paycheck. E. The City shall use appropriate documents for employees to sign to enable the City to take any necessary payroll deductions should the employee not return his/her uniforms. F. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), for "classic members" as defined by the Public Employees' Pension Reform Act of 2013, the monetary value of the rental and maintenance of the required uniforms shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. [201 TMEA MOU 2015-18 Article 37. Commercial Driver's License A. Employees who have a Commercial Driver's License (whether voluntarily or due to job requirements) will be reimbursed for the difference between the cost of the license and a regular non-commercial driver's license. Additionally, the City will provide training and pay for physical examinations necessary to obtain and maintain the Commercial Driver's License for incumbent non - probationary employees. B. The classifications required to maintain a California Class A or Class B license include (but are not limited to) Equipment Mechanic, Equipment Operator, Maintenance Leadworker, Senior Maintenance Worker, Transportation Coordinator, Water Distribution Leadworker, Water Distribution Operator 1/11, Water Equipment Operator, and Water Treatment Operator 1/11. C. Pursuant to State and/or Federal law, in the event an employee is unable to obtain and/or maintain the license required of his or her classification, the City will attempt to make appropriate accommodations as required under the law if possible. CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS Article 38. Appeals Procedure A. Pre -Disciplinary Meeting and Disciplinary Appeals 1. Pre -Disciplinary Meeting An employee who has attained a regular appointment shall have the right to a pre -disciplinary meeting before his/her department head or designee whenever the employee may be subject to a demotion, non -emergency suspension, or non -emergency dismissal. In the event of an emergency suspension or dismissal a meeting will be conducted by the department head or designee as soon as practicable after the action has been taken. 2. Procedure for Pre -Disciplinary Meetings Notice of a proposed disciplinary action shall be provided to the employee including a statement of the proposed action, the reasons therefore, and a copy of the charges and materials upon which the action is based. The employee shall have ten (10) days to respond orally, in writing, or both to the charges. Within ten (10) days of the employee's response, he/she will be advised in writing of the City's decision. If the disciplinary action is upheld, the employee will receive a Notice of Disciplinary Action stating the action taken, the reasons therefore, and the employee's right to appeal. 3. Post -Discipline Appeal Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal the action in writing to the Director of Human Resources. 4. Effective Date of Disciplinary Action The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a [211 TMEA MOU 2015-18 termination, the employee shall cease to be an employee of the City on the effective date of the termination. 5. Calendar Days Unless otherwise indicated, "day' or "days" when used in this section shall be calendar day(s). B. Appeals Procedure 1. If a timely appeal is filed as provided in the Grievance Procedure (Article 39) or the Pre - Disciplinary Hearings and Disciplinary Appeals section (Article 38, Section A) the City Manager may hear the appeal or appoint any City management/supervisory employee or arbiter who has not been personally involved in the actions giving rise to the discipline to hear the appeal. 2. An "arbiter" is a person with experience acting as a hearing officer on public employment issues. Any hearing conducted by an arbiter shall not be considered an "arbitration" as defined in Code of Civil Procedure Section 1281.6. 3. In the event that the employee requests that an arbiter hear the appeal, such a request will be honored provided the request is made within twenty (20) days of the receipt of the department head's decision. The arbiter shall be chosen from a panel of seven (7) arbiters from a list provided either by the American Arbitration Association or the State Mediation and Conciliation Service. The parties shall alternately strike names until one arbiter remains. 4. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a written report outlining his/her findings, conclusions, and recommendations to the City Manager. 5. Within twenty (20) days of the receipt of the hearing officer's report, or the conclusion of the hearing if it was conducted by the City Manager or his/her City appointee, the City Manager shall provide his/her written decision to the employee. C. Hearings 1. Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager provided that the parties may agree to a longer or shorter period of time. 2. All hearings involving disciplinary action against an employee shall be closed to the public unless the affected employee requests that the hearing be open to the public. 3. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing TMEA MOU 2015-18 officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence. 4. Each party shall have these rights: to be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify on her/his 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. The cost of the reporter will be split between the City and TMEA. 5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons, otherwise directs: a. Opening statements shall be permitted with the City proceeding first. b. The City shall proceed first in the hearing. If witnesses are called, the opposing party shall have the right to cross-examine the witnesses on any matter relevant to the issues, even though that matter was not covered on direct examination. c. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case. d. Closing arguments and written briefs shall be permitted. e. The hearing officer shall determine the 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 hearing officer, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. f. The hearing officer shall have no authority to amend, alter, or modify the Memorandum of Understanding or any sections of the City's Personnel Rules and shall limit his/her recommendations to the interpretation and application of the Memorandum of Understanding, agreement at issue and/or the City's Personnel Rules. g. The hearing officer may recommend sustaining or rejecting or modifying the disciplinary action. 6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director of Human Resources, who will forward them to the City Manager. The City Manager, in his/her sole discretion, may hear limited oral arguments and/or request written statements from either party on the hearing officer's findings, conclusions, and recommendations. The City Manager shall inform the appellant of his/her decision regarding the appeal within ten (10) days of the conclusion of the hearing or if the appeal is heard by a hearing officer other than the City Manager, within ten (10) days of the receipt of the hearing officer's report. However, the City Manager may extend the time to issue his/her decision beyond the ten day period if he/she [23i TMEA MOU 2015-18 believes it is necessary. The decision of the City Manager regarding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Manager's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. The City Manager's decision is subject to review by a superior court pursuant to Code of Civil Procedure Section 1094.6. 7. If the City Manager chooses to have the appeal heard by an arbiter, the City shall bear the cost of the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and TMEA. If the employee organization requested that an arbiter be appointed to hear the appeal the organization shall pay the cost of the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and TMEA. If either party orders a transcript for their review, the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court reporter, the party responsible for the cancellation or postponement shall be solely responsible for payment of the fee. The arbiter shall submit his/her bills for services to the party which is obligated to pay them pursuant to this section. 8. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) days prior to the commencement of the hearing; after commencement, subpoenas shall be issued only at the discretion of the hearing officer. 9. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the grievant and an authorized management representative. Article 39. Grievance Procedure These procedures are established to provide for the resolution of grievances of unit employees. A. Limitations The procedures set forth in this section shall apply to all grievances involving unit employees. Excluded from this procedure are grievances related to: 1. The amendment or change of City Council resolutions, ordinances or minute orders, which do not involve provisions of a Memorandum of Understanding (MOU), the Personnel Rules, or other agreements between the City and the employee organization. 2. Position classification. B. Definitions 1. Grievance: An expressed claim that there has been a violation, misinterpretation, or misapplication of a provision of the Personnel Rules or this Memorandum of Understanding. 2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a provision of the Personnel Rules, an agreement between the City and the employee organization, the Memorandum of Understanding or violation or potential violation of state or federal law. [24] TMEA MOU 2015-18 3. Grievance Procedure: The process by which the validity of a grievance is determined and resolution effected. 4. Day: Unless otherwise indicated, "day' or "days" when used in this section shall be calendar day(s). C. Procedure 1. Step 1 The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. The grievant shall state the facts necessary to an understanding of the issues involved; refrain from including any unrelated charges; cite the sections of the City resolutions, agreement, memorandum of understanding or rules alleged to have been violated and the remedy sought. The grievant shall submit the grievance form to his/her immediate supervisor, provided that if the employee suspects or has proof that a federal or state law is being violated or is about to be violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by employee organization representatives that involve issues potentially impacting the organization's rights or membership as a whole shall be filed at Step 3. 2. Step 2 If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar days after receipt of the supervisor's response, submit the grievance to his/her department head. After receipt of the grievance, the department head will meet with the grievant and make such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the department head shall inform the grievant of his/her decision. 3. Step 3 If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization grievances, the grievant may submit the grievance to the City Manager. Employee grievances are to be submitted within ten (10) days of receipt of the department head's decision. Such submittal shall include the original of the grievance form and a written statement of any issues that are in dispute. The City Manager has the sole discretion to hear the grievance him/herself or appoint any City management/supervisory employee (except the employee's department head), or an arbiter, to hear the grievance and submit a recommendation as to resolution of the grievance. At the hearing, the grievant has the burden of proof and will present his/her case f rst. D. General Provisions 1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the person or organization representative suspected as having violated provisions of the Personnel Rules or Memorandum of Understanding. Upon a showing of good cause to the Director of Human Resources, such discussion may be waived between an employee and his/her immediate supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate [25i TMEA MOU 2015-18 actions of the supervisor form the basis for the grievance and the employee has reasonable cause to believe that the supervisor would not be objective. 2. An employee may obtain a grievance form from his/her supervisor or the Human Resources department. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files. 3. No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. 4. Failure by management at any step of this procedure to communicate their decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step. 5. A grievant shall be entitled to be present at all steps of the procedure. 6. Failure by the grievant to appeal a decision on a grievance within the specified time limits shall be deemed acceptance of the decision rendered. 7. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the grievant and an authorized management representative. E. Employee Representation 1. An employee may represent him/herself or be represented by a representative of the employee organization. 2. If an employee chooses not to be represented by the employee organization and the subject of the grievance involves MOU or other provisions which have been negotiated between the City and the employee organization, the organization may have staff representatives present beginning with Step 3, and shall have the right to present the organization's interpretation of the provisions at issue. Such presentation shall not include comments regarding the merits of the grievance. Article 40. Performance Evaluations An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. An employee may appeal his/her performance evaluation to his/her department head (or another department head if the employee's department head prepared the evaluation). Article 41. Meetings A. TMEA shall be entitled to four (4) City-wide membership meetings each calendar year. These meetings are in addition to the Memorandum of Understanding ratification meeting allowed TMEA. TMEA shall provide a minimum of two (2) weeks' advance notice to the City of such meetings. Employees will be allowed up to one (1) hour of release time to attend each such meeting. [26i TMEA MOU 2015-18 B. Employees who are invited by the City to attend meetings during working hours that are designed to promote effective communication and cooperation between the City and TMEA shall receive paid release time for their attendance. C. In addition to release time for negotiations, team members shall be permitted thirty (30) minutes before and thirty (30) minutes after negotiations for preparation and consultation. Article 42. No Strike/Job Action A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves and the employees in the bargaining unit that they will not cause or condone any strike, walkout, work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and responsibilities, withholding of services or other interference with City operations, including compliance with the request of other employees and/or labor organizations to engage in any or all of the preceding activities (including sympathy slowdowns and/or sympathy strikes). B. Any employee who participates in any of the conduct prohibited above shall be subject to discipline up to and including termination. C. In the event of such activities, the Association shall immediately instruct any person engaging in such conduct that they are violating the Agreement and that they are engaging in unauthorized conduct and should resume full and faithful performance of their job duties. Article 43. Agency Shop A. Legislative Authority The parties mutually understand and agree that as a result of State of California adoption of SB 739, all full-time and part-time regular employees represented by the Tustin Municipal Employees Association have the right to join or not join the Association. However, the enactment of a local "agency shop" requires that as a condition of continuing employment, employees in the respective bargaining unit must either join the Association or pay to the Association a service fee in lieu thereof. Such service fee shall be established by the Association, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Association. B. Association Dues/Service Fees 1. The Human Resources Department shall provide current full-time and part-time regular employees, and any full-time and part-time regular employees hired thereafter, in the General Employees Representation Unit with an authorization notice advising them that Agency Shop for the Association has been enacted pursuant to state law and an agreement exists with the Association, and that all employees subject to the Agreement must either join the Association, pay a service fee to the Association, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee's signature authorizing a payroll deduction of Association dues, a service fee or a charitable contribution equal to the service fee if they qualify as defined below. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to the Human Resources Department. [Z7] TMEA MOU 2015-18 2. If the form is not completed properly or returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Association dues, service fee, or charitable contribution shall begin no later than the beginning of the first pay period commencing 14 calendar days after receipt of the authorization form by the employee. 3. The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made. In the case of an employee in a non -pay status during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Association dues and service fees. C. Religious Exemption 1. Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall upon presentation of active membership in such religion, body, or sect, not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees or Agency Shop fees, to pay sums equal to the dues, initiation fees or Agency Shop fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following charities: United Way, Tustin Community Foundation, or Community Health Charities. Proof of the payments shall be made on an annual basis to the City as a condition of continued exemption from the requirement of financial support to the Association. 2. Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Association within 14 calendar days of receipt by the City. The Association shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be made by regular payroll deductions only. D. Rescission The Agency Shop provision in this Memorandum of Understanding may be rescinded by a majority vote of all the employees in the unit covered by the Agreement, provided that: 1. A request for such a vote is supported by a petition containing the signatures at least 30 percent of the employees in the unit. 2. The vote is by secret ballot. 3. The vote may be taken at any time during the term of the represented unit's memorandum of understanding, but in no event shall there be more than one rescission vote taken during that term. Notwithstanding the above, the City and the Association may negotiate, and by [281 TMEA MOU 2015-18 mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. 4. If a "rescission vote" is approved by unit members during the term of a current memorandum of understanding, the Association agrees not to petition for or seek agency shop status for the duration of the current of the memorandum of understanding. E. Records The Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a Certified Public Accountant. F. Indemnification The Association shall indemnify, defend, and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation including claims relating to the Association's use of monies collected under these provisions. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's compliance with the agency fee obligation, and the Association agrees to pay any attorney, arbitrator or court fees related thereto. Article 44. Management Rights The City has the exclusive right to establish Personnel Rules and department regulations, including subsequent amendments and revisions. In addition, except as otherwise specified in this MOU, the City has the exclusive right to: 1. Contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities; 2. 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; 3. Determine staffing and direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay off or discharge any employee; 4. 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; 5. Modify the performance evaluation form; and 6. Modify and update class specifications. Article 45. Layoffs A. Authority to Lay Off [29] TMEA MOU 2015-18 The City Manager may lay off employees at any time for lack of work, budgetary reasons, technological changes or other City actions that necessitate a reduction in the work force. B. Definitions 1. Original probationary period — an employee's first probation period during continuous City employment. 2. Promotional probationary period — the probationary period served upon promotion from one City position to another. 3. Seniority — length of continuous paid service with the City from date of hire into any bargaining unit position. For purposes of this section, time served on a military leave of absence and a leave of absence due to a workers' compensation injury shall be considered City service. An employee shall continue to accrue seniority during any unpaid leave of absence of 30 days or less taken for any purpose; however, seniority will cease to accrue after 30 days of unpaid leave. C. Designation of Positions for Layoff When it becomes necessary to reduce the work force, the City Manager shall designate the position(s) or classification(s), and division(s), department(s), or other organizational unit(s) in which positions are to be eliminated. Contract, provisional, and temporary employees in the same classification as the positions proposed for elimination within the affected organizational unit shall be laid off first. Probationary promotional employees who are laid off shall be returned to the position held prior to their promotion. D. Order of Layoff 1. The names of all original probationary employees occupying positions in the affected class shall be listed in alphabetical order. The City Manager or his/her designee shall select from this list one employee, regardless of his/her place on the list, to be laid off for each position to be abolished. 2. If the positions to be abolished exceed the number of employees available for layoff after layoff of original probationary employees as described above, a "Subject to Layoff List" shall be prepared. The list shall be composed of all regular and promotional probationary employees in the class from which a position is to be abolished. Names of the employees shall be listed in reverse order of their lengths of City service; i.e., those having the least seniority will be listed f rst. 3. In selecting employees to be laid off, those employees at the top of the list shall be laid off first. When employees have equal seniority, the City Manager will select the employee to be laid off with consideration given to the employee's past performance and in consultation with the concerned department head. 4. The names of laid off employees shall be listed on a re-employment list in the reverse order of their dates of layoff. [30] TMEA MOU 2015-18 E. Bumping Rights Any employee subject to layoff who has held regular status in a position in a lower classification in the class series from which he/she is to be laid off may request placement in the lower classification. The City has identified the following class series for unit classifications (listed from lower level to higher level): 1. Accounting Specialist, Senior Accounting Specialist 2. Management Assistant, Senior Management Assistant, Management Analyst 3. Assistant Engineer, Associate Engineer 4. Planning Technician, Assistant Planner, Associate Planner 5. Building Inspector, Senior Building Inspector 6. Maintenance Worker, Senior Maintenance Worker, Equipment Operator, Maintenance Leadworker 7. Office Assistant, Administrative Assistant, , Executive Assistant 8. Public Works Inspector, Senior Public Works Inspector 9. Recreation Facilities Assistant, Recreation Facilities Leadworker 10. Water Distribution Operator I, Water Distribution Operator II, Water Equipment Operator, Water Distribution Leadworker 11. Water Treatment Operator I, Water Treatment Operator II An employee who has been involuntarily transferred to a class from which a layoff is to be made shall have automatic bumping rights to his/her previous classification for up to one (1) year from the effective date of the transfer. F. Severance Assistance 1. Severance Pay Severance pay of one (1) week per year of service, up to a maximum of four (4) weeks of pay, will be provided to an employee who is laid off and not offered employment through an agreement between a contractor and the City. This provision only applies to employees who actually lose employment with the City, not employees who are placed in another position as a result of bumping rights. 2. Flexible Benefits Contributions An employee who is laid off shall have his/her Flexible Benefits contribution continued for an additional two (2) months following the month in which the employee was laid off if he/she is not covered by another medical plan at the time. 3. Letters of Recommendation Letters of recommendation will be provided for an employee whose performance was satisfactory as of the date of his/her layoff. [31] TMEA MOU 2015-18 4. Employment Assistance Reasonable assistance in locating alternative employment will be provided for an employee who is laid off. G. Re -Employment List The name of every regular employee who is laid off or demoted in lieu of layoff shall be placed on a re-employment list in reverse order of their dates of layoff. Names may be removed from a re-employment list for any of the following reasons: 1. The expiration of eighteen (18) months from the date of placement on the list. 2. Re-employment in any permanent full-time position, regardless of department or classification level. 3. Failure to respond within twenty-one (21) calendar days of mailing of a letter sent via Certified Mail regarding availability of employment. 4. Failure to report to work within fourteen (14) calendar days of mailing of a registered letter containing a notice of re-employment, absent mitigating circumstances. 5. An individual requests in writing that his/her name be removed from the list. H. Re -Employment Vacancies to be filled within a department shall be offered first to individuals on the re-employment list who held a position in the same classification as the vacancy to be filled. A regular employee who has been laid off and is re-employed in a permanent position within eighteen (18) months from the effective date of his/her layoff shall be entitled to: 1. Buy back and restoration of all General Leave credited to the employee's account on the effective date of layoff at the same rate as it was paid off. This restoration must be requested in writing within 30 days of returning to work and must be fully paid back within six (6) months of the return to work. 2. Restoration of seniority accrued prior to layoff and during layoff. 3. The same General Leave accrual rate that was in effect prior to layoff. 4. Placement in the salary range at the same step held prior to layoff if the employee is reinstated to the same job classification from which he/she was laid off. If the person who is re-employed had not satisfactorily completed the required probationary period in the department of appointment prior to layoff, he/she shall serve a probationary period upon re- employment. [32] TMEA MOU 2015-18 Notices At least two (2) weeks' notice (14 calendar days) shall be given to any employee who is to be laid off. All notices and requested actions referenced in this section shall be in writing and sent by Certified Mail or delivered personally to the addressee. All notices to the City shall be addressed to the City Manager. The employee shall be responsible for notifying the City of any address change and any such notice shall be served in accordance with this paragraph. J. Displacement of Part -Time Employee In the event a reduction in force is necessary, a part-time employee may not displace a full-time employee. However, a full-time employee may displace a less senior part-time employee provided he/she is otherwise eligible to displace the less senior employee. K. No Appeal Employees do not have any right to appeal their layoff from employment. [33] TMEA MOU 2015-18 IN WITNESS WHEREOF, the parties hereto have executed this document this 7t" day of July 2015. FOR THE CITY OF TUSTIN Jeffrey Parker, City Manager Derick Yasuda, Director of Human Resources Matthew West, Assistant to the City Manager Karyn Roznos, Senior Management Analyst Peter Brown, Liebert Cassidy Whitmore [34i FOR THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Frank Apuron, President Katy Lee, Vice President Hy Dang-Libunao, Secretary Alex Waite, Treasurer Mike Arionus, Board Member Didier Rodriguez, Board Member Brad Steen, Board Member Leo Stiles, Board Member TMEA MOU 2015-18 APPENDIX A — MONTHLY SALARY RANGES Effective the pay period that includes July 1, 2015 Classification Step A Step B Step C Step D Step E Step F Accountant $4,816.47 $5,063.10 $5,322.36 $5,594.89 $5,881.38 $6,175.45 Accounting Specialist $3,404.08 $3,578.39 $3,761.62 $3,954.23 $4,156.71 $4,364.55 Administrative Assistant $3,771.02 $3,964.12 $4,167.11 $4,380.49 $4,604.79 $4,835.03 Assistant Engineer $5,793.93 $6,090.61 $6,402.48 $6,730.32 $7,074.95 $7,428.70 Assistant Planner $4,816.47 $5,063.10 $5,322.36 $5,594.89 $5,881.38 $6,175.45 Associate Engineer $6,580.77 $6,917.74 $7,271.97 $7,644.33 $8,035.76 $8,437.55 Associate Planner $5,335.66 $5,608.88 $5,896.09 $6,198.00 $6,515.37 $6,841.14 Building Inspector $4,925.93 $5,178.17 $5,443.32 $5,722.04 $6,015.05 $6,315.80 Building Permit Technician $3,668.86 $3,856.72 $4,054.21 $4,261.81 $4,480.04 $4,704.04 Business License Technician $3,847.10 $4,044.10 $4,251.18 $4,468.87 $4,697.70 $4,932.58 City Clerk Sery Specialist $4,304.59 $4,525.01 $4,756.72 $5,000.28 $5,256.32 $5,519.14 Code Enforcement Officer $4,733.02 $4,975.38 $5,230.14 $5,497.95 $5,779.48 $6,068.46 Environmental Compliance Sp $5,793.93 $6,090.61 $6,402.48 $6,730.32 $7,074.95 $7,428.70 Equipment Mechanic $4,230.01 $4,446.61 $4,674.30 $4,913.65 $5,165.25 $5,423.52 Equipment Operator $4,054.21 $4,261.81 $4,480.04 $4,709.44 $4,950.59 $5,198.12 Executive Assistant $4,380.49 $4,604.79 $4,840.58 $5,088.45 $5,349.00 $5,616.45 Information Tech Specialist $5,050.47 $5,309.09 $5,580.94 $5,866.72 $6,167.13 $6,475.48 Mail & Dupl Specialist $3,542.83 $3,724.23 $3,914.94 $4,115.41 $4,326.14 $4,542.45 Maintenance Leadworker $4,424.46 $4,651.01 $4,889.17 $5,139.52 $5,402.70 $5,672.83 Maintenance Worker $3,472.76 $3,650.58 $3,837.51 $4,034.02 $4,240.58 $4,452.61 Management Analyst $5,443.32 $5,722.04 $6,015.05 $6,323.05 $6,646.82 $6,979.16 Management Assistant $4,304.59 $4,525.01 $4,756.72 $5,000.28 $5,256.32 $5,519.14 Office Assistant $2,872.51 $3,019.59 $3,174.22 $3,336.75 $3,507.62 $3,683.00 Parking Control Officer $2,894.10 $3,042.30 $3,198.08 $3,361.84 $3,533.99 $3,710.69 Plan Checker $5,793.93 $6,090.61 $6,402.48 $6,730.32 $7,074.95 $7,428.70 Planning Technician $4,188.24 $4,402.69 $4,628.14 $4,865.12 $5,114.25 $5,369.96 Public Works Inspector $4,950.59 $5,204.09 $5,470.56 $5,750.69 $6,045.16 $6,347.42 Recreation Facilities Ast $2,685.24 $2,822.74 $2,967.28 $3,119.22 $3,278.94 $3,442.89 Recreation Facilities Lead $3,587.37 $3,771.02 $3,964.12 $4,167.11 $4,380.49 $4,599.51 Recreation Program Specialist $3,395.59 $3,569.46 $3,752.24 $3,944.37 $4,146.35 $4,353.67 Senior Accounting Spec $4,146.35 $4,358.67 $4,581.86 $4,816.47 $5,063.10 $5,316.25 Senior Building Inspector $5,793.93 $6,090.61 $6,402.48 $6,730.32 $7,074.95 $7,428.70 Senior Maintenance Worker $3,818.39 $4,013.92 $4,219.46 $4,435.52 $4,662.64 $4,895.77 Senior Management Assistant $5,000.28 $5,256.32 $5,525.48 $5,808.41 $6,105.84 $6,411.13 Senior Public Works Inspector $5,793.93 $6,090.61 $6,402.48 $6,730.32 $7,074.95 $7,428.70 Transportation Coordinator $2,894.10 $3,042.30 $3,198.08 $3,361.84 $3,533.99 $3,710.69 Water Distribution Leadworker $4,816.47 $5,063.10 $5,322.36 $5,594.89 $5,881.38 $6,175.45 Water Distribution Oper 1 $3,596.30 $3,780.45 $3,974.03 $4,177.52 $4,391.44 $4,611.01 Water Distribution Oper 11 $4,013.92 $4,219.46 $4,435.52 $4,662.64 $4,901.39 $5,146.46 Water Equipment Operator $4,347.80 $4,570.43 $4,804.46 $5,050.47 $5,309.09 $5,574.54 Water Meter Reader $4,013.92 $4,219.46 $4,435.52 $4,662.64 $4,901.39 $5,146.46 Water Treatment Operator 1 $4,559.03 $4,792.48 $5,037.88 $5,295.84 $5,567.02 $5,845.37 Water Treatment Operator 11 $4,901.39 $5,152.37 $5,416.20 $5,693.54 $5,985.08 $6,284.34 [35i TMEA MOU 2015-18 Effective the pay period that includes July 1, 2016 Classification Step A Step B Step C Step D Step E Step F Accountant $4,960.97 $5,214.99 $5,482.03 $5,762.74 $6,057.83 $6,360.72 Accounting Specialist $3,506.20 $3,685.74 $3,874.46 $4,072.86 $4,281.42 $4,495.49 Administrative Assistant $3,884.15 $4,083.04 $4,292.12 $4,511.90 $4,742.94 $4,980.08 Assistant Engineer $5,967.75 $6,273.33 $6,594.56 $6,932.23 $7,287.20 $7,651.56 Assistant Planner $4,960.97 $5,214.99 $5,482.03 $5,762.74 $6,057.83 $6,360.72 Associate Engineer $6,778.19 $7,125.27 $7,490.13 $7,873.66 $8,276.83 $8,690.68 Associate Planner $5,495.73 $5,777.14 $6,072.97 $6,383.94 $6,710.83 $7,046.37 Building Inspector $5,073.71 $5,333.51 $5,606.61 $5,893.70 $6,195.50 $6,505.27 Building Permit Technician $3,778.92 $3,972.42 $4,175.84 $4,389.66 $4,614.44 $4,845.17 Business License Technician $3,962.52 $4,165.42 $4,378.72 $4,602.94 $4,838.63 $5,080.56 City Clerk Sery Specialist $4,433.73 $4,660.76 $4,899.42 $5,150.29 $5,414.01 $5,684.72 Code Enforcement Officer $4,875.01 $5,124.64 $5,387.05 $5,662.89 $5,952.87 $6,250.51 Environmental Compliance Sp $5,967.75 $6,273.33 $6,594.56 $6,932.23 $7,287.20 $7,651.56 Equipment Mechanic $4,356.91 $4,580.01 $4,814.53 $5,061.06 $5,320.21 $5,586.22 Equipment Operator $4,175.84 $4,389.66 $4,614.44 $4,850.73 $5,099.11 $5,354.07 Executive Assistant $4,511.90 $4,742.94 $4,985.80 $5,241.10 $5,509.47 $5,784.95 Information Tech Specialist $5,201.99 $5,468.36 $5,748.37 $6,042.72 $6,352.14 $6,669.75 Mail & Dupl Specialist $3,649.11 $3,835.96 $4,032.38 $4,238.87 $4,455.93 $4,678.72 Maintenance Leadworker $4,557.19 $4,790.55 $5,035.85 $5,293.71 $5,564.78 $5,843.02 Maintenance Worker $3,576.94 $3,760.10 $3,952.64 $4,155.04 $4,367.80 $4,586.19 Management Analyst $5,606.61 $5,893.70 $6,195.50 $6,512.74 $6,846.22 $7,188.53 Management Assistant $4,433.73 $4,660.76 $4,899.42 $5,150.29 $5,414.01 $5,684.72 Office Assistant $2,958.68 $3,110.18 $3,269.44 $3,436.86 $3,612.85 $3,793.49 Parking Control Officer $2,980.93 $3,133.57 $3,294.03 $3,462.70 $3,640.01 $3,822.01 Plan Checker $5,967.75 $6,273.33 $6,594.56 $6,932.23 $7,287.20 $7,651.56 Planning Technician $4,313.88 $4,534.78 $4,766.99 $5,011.08 $5,267.68 $5,531.06 Public Works Inspector $5,099.11 $5,360.21 $5,634.68 $5,923.21 $6,226.51 $6,537.84 Recreation Facilities Ast $2,765.80 $2,907.42 $3,056.30 $3,212.79 $3,377.31 $3,546.18 Recreation Facilities Lead $3,694.99 $3,884.15 $4,083.04 $4,292.12 $4,511.90 $4,737.50 Recreation Program Specialist $3,497.45 $3,676.55 $3,864.80 $4,062.70 $4,270.74 $4,484.28 Senior Accounting Spec $4,270.74 $4,489.43 $4,719.31 $4,960.97 $5,214.99 $5,475.74 Senior Building Inspector $5,967.75 $6,273.33 $6,594.56 $6,932.23 $7,287.20 $7,651.56 Senior Maintenance Worker $3,932.95 $4,134.34 $4,346.04 $4,568.59 $4,802.52 $5,042.65 Senior Management Assistant $5,150.29 $5,414.01 $5,691.24 $5,982.67 $6,289.01 $6,603.46 Senior Public Works Inspector $5,967.75 $6,273.33 $6,594.56 $6,932.23 $7,287.20 $7,651.56 Transportation Coordinator $2,980.93 $3,133.57 $3,294.03 $3,462.70 $3,640.01 $3,822.01 Water Distribution Leadworker $4,960.97 $5,214.99 $5,482.03 $5,762.74 $6,057.83 $6,360.72 Water Distribution Oper 1 $3,704.19 $3,893.86 $4,093.25 $4,302.85 $4,523.18 $4,749.34 Water Distribution Oper 11 $4,134.34 $4,346.04 $4,568.59 $4,802.52 $5,048.44 $5,300.86 Water Equipment Operator $4,478.23 $4,707.54 $4,948.59 $5,201.99 $5,468.36 $5,741.78 Water Meter Reader $4,134.34 $4,346.04 $4,568.59 $4,802.52 $5,048.44 $5,300.86 Water Treatment Operator 1 $4,695.80 $4,936.25 $5,189.01 $5,454.72 $5,734.03 $6,020.73 Water Treatment Operator 11 $5,048.44 $5,306.94 $5,578.69 $5,864.34 $6,164.64 $6,472.87 [36i RESOLUTION NO. 15-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT WHEREAS, the City Council of the City of Tustin, California (the "City") has authorized and directed, under the provisions of the City's Personnel Rules, Resolution No. 10-94, the preparation of a Classification and Compensation Plan for all employees in the City service; and WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the Classification and Compensation Plan be approved by resolution of the City Council; and WHEREAS, the City and the Tustin Police Support Services Association (TPSSA) have met and conferred in good faith in accordance with the requirements of the Meyers-Milias-Brown Act; and WHEREAS, the City and TPSSA have reached agreement on wages, hours, and terms and conditions of employment effective July 1, 2015 through June 30, 2018, as more particularly set forth in the attached Memorandum of Understanding: NOW, THEREFORE, BE IT RESOLVED: The Memorandum of Understanding between the City and TPSSA, effective July 1, 2015, is hereby approved and incorporated herein by reference as though fully set forth herein and staff is authorized to amend the City's Classification and Compensation Plans accordingly. II. This Resolution shall become effective on July 1, 2015, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7t" day of July 2015. Resolution 15-38 Page 1 of 2 CHARLES E. PUCKETT Mayor ATTEST: JEFFREY C. PARKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 1 I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 15-38 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of July 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER City Clerk Resolution 15-38 Page 2 of 2 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE SUPPORT SERVICES ASSOCIATION TERM: July 1, 2015—June 30, 2018 TPSSA MOU 2015-18 TABLE OF CONTENTS CHAPTER 1—GENERAL PROVISIONS........................................................................................................3 Article1. Recognition...........................................................................................................................3 Article 2. Represented Classes.............................................................................................................3 Article3. Entire Agreement.................................................................................................................4 Article4. Reopener..............................................................................................................................4 Article5. Severability...........................................................................................................................4 Article 6. Binding on Successors...........................................................................................................4 Article7. Notices.................................................................................................................................5 Article8. Payroll Deductions................................................................................................................5 CHAPTER 2 — COMPENSATION................................................................................................................. 5 Article9. Salary....................................................................................................................................5 Article 10. Overtime Compensation.....................................................................................................6 Article11. Uniforms.............................................................................................................................6 Article 12. Bilingual Compensation......................................................................................................7 Article13. Standby Duty......................................................................................................................7 Article14. Call Back Duty.....................................................................................................................7 Article 15. Special Assignments............................................................................................................8 Article 16. Shift Differential Pay...........................................................................................................8 Article17. Acting Pay...........................................................................................................................9 Article18. Training Pay........................................................................................................................9 CHAPTER 3 — BENEFITS............................................................................................................................ 9 Article 19. Flexible Benefits Plan..........................................................................................................9 Article20. Retirement....................................................................................................................... 11 Article 21. Employee Life Insurance...................................................................................................12 Article 22. Short -Term / Long -Term Disability Insurance.................................................................... 12 Article 23. Tuition Reimbursement.................................................................................................... 13 Article 24. Retiree Medical Insurance................................................................................................. 14 CHAPTER 4— LEAVES OF ABSENCE......................................................................................................... 15 Article25. General Leave................................................................................................................... 15 Article 26. Compensatory Time Off....................................................................................................16 Article27. Holidays............................................................................................................................ 16 2 TPSSA MOU 2015-18 Article 28. Bereavement Leave.......................................................................................................... 17 CHAPTER 5 —WORKING CONDITIONS.................................................................................................... 18 Article29. Work Schedules................................................................................................................ 18 Article30. Shift Trading..................................................................................................................... 19 Article31. Attendance....................................................................................................................... 19 Article32. Rest Periods...................................................................................................................... 20 Article 33. Paid Lunch Break...............................................................................................................20 CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS................................................................................. 20 Article34. Employee Rights............................................................................................................... 20 Article 35. Appeals and Hearings........................................................................................................ 21 Article 36. Grievance Procedure.........................................................................................................24 Article 37. Performance Evaluations..................................................................................................27 Article 38. Membership Meetings......................................................................................................27 Article 39. No Strike / Job Action........................................................................................................ 27 Article40. Agency Shop..................................................................................................................... 27 Article 41. Management Rights.......................................................................................................... 29 Article42. Layoffs..............................................................................................................................30 APPENDIX A — MONTHLY SALARY RANGES............................................................................................. 32 APPENDIX B — POLICE SERVICES OFFICER CAREER OFFICER PROGRAM ................................................... 33 a TPSSA MOU 2015-18 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES ASSOCIATION WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq. and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin, hereinafter "City," the City's representatives have met and conferred in good faith with representatives of the Tustin Police Support Services Association (TPSSA), hereinafter "Association," pertaining to the subject of employee wages, benefits and conditions of employment; and WHEREAS, the meetings between the Association and City representatives have resulted in an agreement and understanding to recommend that the employees represented by the Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions said changes to the wages, hours, and conditions of employment. WITNESSETH NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement the provisions of this Memorandum of Understanding (MOU) and modify the City's Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages, hours and conditions of employment be adopted and set forth as follows: CHAPTER 1— GENERAL PROVISIONS Article 1. Recognition TPSSA is the exclusive representative of City employees in the representation unit, titled Police Civilian, comprised of all full-time civilian, non -administrative, and non -management employees of the Police Department 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 exclusive representative, the Association is empowered to act on behalf of all employees in the unit, whether or not they are individually members of the Association. Article 2. Represented Classes A. The classifications that comprise the Police Civilian Representation Unit are as follows: Crime Analyst Police Communications Lead (3/12.5) Police Communications Officer 1/11 (3/12.5) Police Fleet Coordinator Police Records Lead (4/10) Police Records Lead (3/12.5) [3] TPSSA MOU 2015-18 Police Records Specialist (4/10) Police Records Specialist (3/12.5) Police Services Officer 1/11/III (4/10) Police Services Officer 1/11/111 (3/12.5) Property and Evidence Specialist Article 3. Entire Agreement This agreement supersedes all prior agreements unless expressly stated to the contrary herein and constitutes the complete and entire agreement between the parties and concludes the meet and confer process for its term unless otherwise expressly provided for herein. The City and TPSSA agree that any City resolutions, ordinances, rules, regulations or practices that are in conflict with the MOU and its provisions are subordinate to this MOU and, where conflicts exist, this memorandum of understanding shall prevail. Article 4. Reopener A. Prior to January 1, 2017 either side may request to meet and confer for the purpose of effecting changes to this MOU to go into effect on July 1, 2017 or later. B. The parties recognize that certain state and federal laws, programs, and regulations, including the Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter healthcare coverage options, cost, or other elements of healthcare services that materially alter the provisions of this MOU, either party may request to re -open the article of the MOU regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage and the City will not unilaterally implement any changes with regard to this article. In addition, should state or federal laws concerning taxation of healthcare benefits change, the parties agree to meet and discuss the impact of such change. C. Prior to formally notifying the Association of a decision to lay off a position, the City will notify the Association two work days (48 hours) in advance of the decision, in an effort to provide an opportunity for the Association to provide feedback, suggestions and/or to ask questions regarding the impending decision. Article 5. Severability If any part of this Agreement 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 Agreement shall not render invalid the remaining parts hereof. Article 6. Binding on Successors This Agreement shall be binding on the successors and assigns of the parties hereto and no provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by the consolidation, merger, transfer or assignment of either party hereto. [4] TPSSA MOU 2015-18 Article 7. Notices Notices hereunder shall be in writing, and if to the Association, shall be mailed to the Tustin Police Support Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780; and, if the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92780. Article 8. Payroll Deductions Deductions of authorized amounts may be made from employee's pay for the following purposes: 1. Withholding tax. 2. Contributions to retirement benefits. 3. Contribution to survivors' benefits. 4. Payment of life insurance and accidental death and dismemberment insurance premiums. 5. Payment of non -industrial disability insurance premium. 6. Payment of hospitalization and major medical insurance premium. 7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC Section 125. 8. Payment of supplemental insurance premium. 9. Payment to or savings in a credit union or bank. 10. Contributions to United Way, Community Health Charities or other designated charity organizations. 11. All authorized deductions to TPSSA. 12. Payment for non -return of uniforms and/or equipment issued. 13. Other purposes as may be authorized by the City. 14. Deferred compensation. CHAPTER 2 — COMPENSATION Article 9. Salary A. Unit employees are placed on a salary schedule consisting of six steps in each range with an approximate increment of 5% between steps. B. Salary ranges for represented classifications are listed in Appendix A. C. Upon promotion the employee shall receive a salary adjustment of at least 4.5%, provided that in no event shall the promoted employee's salary exceed the maximum of the range. D. Effective the pay period which includes July 1, 2015, employees in the bargaining unit shall receive a three percent (3.0%) base salary increase. E. Effective the pay period which includes July 1, 2016, employees in the bargaining unit shall receive a three percent (3.0%) base salary increase. F. With the paycheck issued for the pay period which includes July 1, 2017, all unit employees who are employed by the City on the effective date will receive a one-time lump sum payment of two [5] TPSSA MOU 2015-18 thousand, seven hundred and eighteen dollars ($2,718.00). In accordance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), this lump sum payment will not be reported to CalPERS for purposes of retirement. G. The Police Services Officer Career Ladder Program is discussed in Appendix B. H. Police Communications Officer 1/11 is a flexibly staffed classification series. Positions at the Police Communications Officer 11 level are normally filled by advancement from the lower level classification of Police Communications Officer 1. Appointment at the higher level requires confirmation that the employee meets the minimum qualifications of the classification, organizational need, and adequate funding. Upon recommendation of the Police Chief, and confirmation of the employee's qualifications, promotions to Police Communications Officer II will occur in conjunction with the employee's annual performance evaluation. Promotion will be made to the salary step that provides the employee with a base salary increase of at least 4.5%. An employee who is promoted to Police Communications Officer II is required to serve a 12 month promotional probationary period. Article 10. Overtime Compensation A. Overtime is subject to pre -approval by the employee's supervisor. All full-time represented employees shall receive overtime compensation of time and one-half (1 %) for all overtime hours worked in excess of: 1. Regularly scheduled hours per shift; or 2. Forty (40) hours worked in the designated seven (7) day Fair Labor Standards Act (FLSA) work week for each employee. B. General Leave, Compensatory Time Off and Holiday hours shall be included within the above hours for eligibility, provided however, that Standby time shall not count as hours worked in determining entitlement to overtime compensation. Article 11. Uniforms The City will provide a uniform maintenance allowance of two -hundred and fifty dollars ($250) annually ($9.61 paid biweekly) for those full-time employees required by the City to wear uniforms. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), for "classic members" as defined by the Public Employees' Pension Reform Act of 2013, the compensation paid for the purchase, rental and/or maintenance of required uniforms shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. [6] TPSSA MOU 2015-18 Article 12. Bilingual Compensation The City shall pay one hundred dollars ($100) per pay period to full-time employees in City -designated positions who demonstrate 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay" — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 13. Standby Duty A. Employees may be required to be on Standby Duty to respond to emergencies. The department will determine Standby assignments. If on standby, employees must provide contact information where they can be reached, either a home phone, cell phone or pager. If called, the employee must respond within twenty (20) minutes and then must be able to return to the City (if necessary) to address the issue within forty-five (45) minutes, unless commuting time prohibits returning within forty-five (45) minutes. In the case where commuting time is an issue, the department will work with the employee for a reasonable response. Employees must be able to return to work while on Standby Duty. This means that they may not consume alcoholic beverages and must have the ability to travel back to the City. B. Employees assigned to Standby Duty shall be compensated at the rate of one (1) hour of straight - time compensation for each twelve (12) hours of such duty. C. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours of straight time for morning (8:00 a.m. — 12:00 p.m.) appearances and two (2) hours of straight time for afternoon (12:00 p.m. — 5:00 p.m.) appearances. D. If a scheduled Standby is canceled and the employee is not advised of the cancellation before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two (2) hours of Standby pay. A reasonable effort by the City (e.g., phone call, voicemail, or email) to notify the employee prior to 6:00 p.m. on the day prior will negate the two (2) hours of Standby Pay. Employees who are scheduled for Standby Duty shall advise the department of a telephone number where they can be either reached or a message can be left to advise them of a cancellation. E. Employees cannot receive Standby Pay for anytime period for which they are being paid to work. Article 14. Call Back Duty Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for any call (fifteen (15) or more minutes beyond the end of their shift) which requires them to return to [7] TPSSA MOU 2015-18 duty. Call Back Pay begins when an employee returns to work and does not include travel time. Call Back Pay does not apply to regular or pre -scheduled work. An employee called back to work prior to his/her shift shall receive overtime for the additional time worked by being called in. At the start time of his/her regular shift, and while working his/her regular hours, the employee shall only receive regular pay. If the employee receives approval from his/her supervisor to substitute regular pay and be absent from his/her regular shift with accrued leave, that is acceptable. Article 15. Special Assignments A. The Police Chief has sole discretion to determine who shall receive a special assignment. Employees assigned to the following special assignments (or successor titles) listed below shall receive, in addition to their regular compensation, premium pay in the amount of one hundred dollars ($100) per month for performing in such special assignments; provided, however, that at no time may an employee receive more than one (1) special assignment pay premium. 1. Gang Unit 2. General Investigations Unit/ Special Investigations Unit 3. Professional Standards Division 4. Traffic Unit The parties agree that the special assignment of Traffic Unit is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4). B. The City has the absolute discretion regarding the assignment and reassignment of employees to special assignments. Any such assignment is not vested and may be revoked at any time and without any appeal rights. When an employee reaches the expiration date of a special assignment term, as specified in the Police Department's General Orders, the employee does not have the right to appeal the Police Chief's decision to not renew or extend the employee's term in that special assignment. Article 16. Shift Differential Pay Any full-time unit employee assigned on a regular basis (ten (10) or more continuous working days) to a shift that requires the employee to work hours after 8:00 p.m. shall receive a shift differential of seventy-five dollars ($75) 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. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay' — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. 181 TPSSA MOU 2015-18 Article 17. Acting Pay A full-time employee assigned to temporarily work in a higher classification will receive Acting Pay of 5% of base pay. This rate will be paid after the employee has been in the assignment for thirty (30) consecutive calendar days. An employee's base salary combined with Acting Pay can never exceed the salary range of the acting classification. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CalPERS as Special Compensation. The parties agree that acting pay ("Temporary Upgrade Pay') is described in Title 2 CCR, Section 571(a)(3) as a "premium pay' — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 18. Training Pay A. A full-time Communications Officer I, Police Services Officer I/II/III, Police Records Specialist or Property and Evidence Technician assigned to train a full-time TPSSA-represented employee in their respective work units shall receive, in addition to his/her regular compensation, Training Pay at the rate of $50 per pay period during a pay period in which the employee is assigned training duties. This pay will be designated on the employee's timecard on the pay period when the training occurs. B. A full-time Communications Officer II assigned to train shall be paid a 5% premium while training. The beginning and ending dates for this pay will be designated by the completion of a Personnel Action form (PAF). C. The City has the absolute discretion regarding the assignment and reassignment of employees as a trainer. Any such assignment is not vested and may be revoked at any time without cause and without any right to challenge such action pursuant to the City's grievance appeal procedure. D. It is the responsibility of an employee in a lead classification to provide leadership and training without additional compensation. E. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of training pay shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) as a "special assignment pay' — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. CHAPTER 3 — BENEFITS Article 19. Flexible Benefits Plan A. The City contracts with the California Public Employees' Retirement System (CalPERS) for the provision of medical insurance. All employees in the bargaining unit shall receive the minimum amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA), $122 for calendar year 2015, and a yet to be determined amount for subsequent calendar years, as well as an [9] TPSSA MOU 2015-18 additional amount which is provided under a Section 125 Flexible Benefits program. The amounts below include the minimum amount under PEMHCA. B. The monthly Flexible Benefits contribution per eligible employee is as follows: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $750 $1,000 $1,200 C. Effective the pay period that includes July 1, 2016, the Flexible Benefits contribution per month per eligible employee will be increased to the following amounts: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $800 $1,050 $1,250 D. Effective the pay period that includes July 1, 2017, the Flexible Benefits contribution per month per eligible employee will be increased to the following amounts: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $850 $1,100 $1,300 D. Full-time employees who do not take medical insurance through the program offered by the City shall receive $400 per month effective July 1, 2015 ($425 effective July 1, 2016 and $450 effective July 1, 2017) as the Flexible Benefits Opt -Out contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. If the employee also opts out of the City's dental insurance, the employee must also provide evidence, satisfactory to the City, that he/she has dental insurance coverage comparable to coverage available through the City program. E. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City -sponsored programs, including required payment towards employee medical insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum, employees are required to take employee only medical and dental insurance, with premiums paid out of their Flexible Benefits contribution. Employees may allocate the remaining amount among the following programs: 1. Medical insurance 2. Dental insurance 3. Additional life insurance 4. Vision insurance 5. Deferred compensation 6. Section 125 Flexible Spending Account for medical or dependent care reimbursement 7. Eligible catastrophic care programs 8. Cash [ 10] TPSSA MOU 2015-18 Discretionary allocations are to be made in accordance with program/City requirements including restrictions as to the time when changes may be made in allocations to the respective programs. F. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration of this Agreement unless changed by mutual agreement of the City and Association. The City retains the right to change administrators. Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary and employee -funded. Article 20. Retirement A. Employees covered under this Agreement shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS. B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous members. The plan includes both an employer and employee contribution. 1. These employees are responsible for paying the employee contribution of seven percent (7%) of the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax. The plan has been amended to include Section 21573 (Third Level of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as Public Service). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. 2. These employees are also responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees' base salary would be reduced by three percent (3%). C. Miscellaneous members employed by the City on or after January 1, 2012 who are "classic members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be enrolled in the CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and employee contribution. 1. These employees are responsible for paying the employee contribution of seven percent (7%) of the employee's wages through a payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. This plan provides retirement benefits based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or as designated by the employee in TPSSA MOU 2015-18 accordance with Government Code Section 20037. The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the employee portion of the premium. 2. These employees are also responsible for paying an additional pension contribution of three percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee pension contribution of ten percent (10%). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) these employees' base salary would be reduced by three percent (3%). D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @ 62 plan for Local Miscellaneous members. 1. The employee is responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period including July 1, 2015, the employee contribution is 6.25%. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis. 2. This plan provides retirement benefits based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or as designated by the employee in accordance with Government Code Section 7522.32(a). The plan provides for 3rd level of 1959 Survivor benefits with the employee paying the employee portion of the premium. Article 21. Employee Life Insurance The City will provide a life insurance policy for each full-time unit member. The City will pay required premiums for the policy with a death benefit that shall be the greater of $50,000 or one hundred percent (100%) of the employee's base annual salary rounded to the nearest multiple of $1,000, up to a maximum of $200,000. The City will also provide $1,000 per dependent of dependent life insurance. Article 22. Short -Term / Long -Term Disability Insurance A. The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non- industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of the STD/LTD insurance carrier. B. An employee who is receiving STD benefits under the City's program will be granted a leave of absence for the duration of his/her non -industrial disability subject to a maximum period of six (6) months. Such leave of absence may be extended for an additional six (6) months under LTD, upon approval of the City Manager. C. All unit employees are required to participate in the program. Premiums are deducted from the employee's pay on an after-tax basis. [i2] TPSSA MOU 2015-18 D. In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first required to use 80 consecutive hours of his/her accrued leave (General Leave or Compensatory Time Off) during the 30 day period beginning with the first day of the leave. In the event no leave time is available, the employee shall be on leave without pay for 80 consecutive hours. E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base salary. This City payment is taxable income. The employee may supplement this City payment with accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability earnings. F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently with FMLA/CFRA leave. G. For a new employee who has worked for the City for less than 12 consecutive months, and is therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the same Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a period not to exceed 90 days. Should an employee receive 90 days of City -paid Flexible Benefits within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City for its' previous contribution. H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs first), no paid leave shall accrue to the employee. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of 60% of pre -disability base salary. The employee may supplement the STD/LTD carrier's payment with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability earnings. The employee is responsible for all benefit elections and payments during his/her leave unless he/she is eligible to opt out of such elections and chooses to do so. In the event the employee chooses to continue his/her benefit elections, the employee is required to make timely payment to the City for such elections (including the cost of the STD/LTD program). In the event timely payment is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an amount equivalent to the premiums owed by the employee. In the event no paid leave is available, the City is authorized to cancel the employee's coverage. K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any rolling 12 -month period. Article 23. Tuition Reimbursement Employees shall be encouraged to further their academic education and training in those areas of benefit both to the employee and to the City. Full-time employees shall be eligible for tuition [13] TPSSA MOU 2015-18 reimbursement and will be eligible for reimbursement of eligible expenses by the City for professional and technical courses subject to the following conditions: 1. Department head and Director of Human Resources approval must be obtained before enrollment in the course. 2. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon completion of the course with a satisfactory grade (a "C" or above" or "Pass") and after the completion of the initial probationary period. Requests to enroll in courses may be granted prior to the completion of probation. However payment will not be made until the employee has completed the probationary period and attained regular status 3. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. 4. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for attending graduate school, a four-year college or university, or a job-related program through University of California or California State University extended education programs and $2,000 per year for attendance at a California Community College. This reimbursement benefit may be used for other job-related educational programs administered by other professional organizations with the express approval of the City Manager. If an employee separates from City service within one calendar year of receiving this Tuition Reimbursement benefit, the employee is responsible for refunding the City the full amount of the benefit that was paid. Funds will be deducted from the employee's final paycheck to cover the re -payment of the tuition reimbursement. 5. The City has set up procedures that allow for expedient reimbursement for classes taken and fees paid. Employees may request reimbursement in the calendar year that the class is taken and completed. Failure to request reimbursement in a timely manner and/or classes taken in excess of the allowable reimbursement level cannot be carried over to a future year reimbursement period. Article 24. Retiree Medical Insurance A. The City will reimburse eligible unit employees up to a maximum of $250 per month for the payment of CalPERS retiree medical insurance premiums. This amount includes the minimum contribution towards retiree medical insurance required under the PEMHCA program ($122 for calendar year 2015, and a yet to be determined amount for subsequent calendar years). B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that he/she has been continuously employed by the City for five (5) full years, retires from the City and CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the five (5) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. [ 14] TPSSA MOU 2015-18 C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that he/she has been continuously employed by the City for ten (10) full years, retires from the City and CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may satisfy the ten (10) year continuous service requirement using a combination of service with the City and service with any public agency with a reciprocal retirement system. D. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing. In order to maintain the retiree medical insurance stipend throughout retirement, an employee must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. CHAPTER 4 — LEAVES OF ABSENCE Article 25. General Leave A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year, prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a pay period, his/her General Leave will be earned on a prorated basis for the pay period. Periods of Service 0-5 years 6-10 years Over 10 years General Leave Hours Per Year 160 hours 208 hours 248 hours Maximum Accrual 320 hours 416 hours 496 hours B. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the maximum. Upon separation from the City service, the employee will be paid for unused General Leave, not to exceed the maximum of two years entitlement, at the employee's then current base salary rate. C. The use of General Leave for reasons other than non -industrial illness or injury must be approved by the department head and due regard shall be given to the employee's preference in scheduling such paid leave time. D. Once per fiscal year, each regular and promotional probationary employees may request to be paid for a maximum of twenty (20) hours of accrued General Leave each year. General Leave cash out will be granted once per fiscal year per employee upon employee request. For all three years of the term of this MOU (July 1, 2015 through June 30, 2016, July 1, 2016 through June 30, 2017 and July 1, 2017 — June 30, 2018) once per fiscal year employees may cash out additional accrued General Leave as follows based on years of service used to determine General Leave accrual rates provided employees have at least 160 hours of accrued General Leave at the time of cash out: 0-5 years 37 additional hours per year 6-10 years 48 additional hours per year Over 10 years 58 additional hours per year [15] TPSSA MOU 2015-18 Those additional hours may be cashed out at the same time as the initial 20 hours or at one additional time during each fiscal year. Additionally, any of the GL cash -out may be directed to the employee's deferred compensation account up to the statutory limits for deferred compensation (in 2015, the statutory limits are $18,000 per year, with a catch-up limit of $36,000). E. A mandatory cash out of forty hours of Excess General Leave will be paid to employees with the second paycheck in July starting in 2012. Mandatory cash out of all remaining Excess General Leave Bank will be paid to employees with the second paycheck in July 2015. Should employees with an Excess General Leave Bank wish to cash out General Leave pursuant to Article 25.D, the hours to be cashed out must first be taken from the Excess General Leave Bank. F. Employees may also use hours in the Excess General Leave Bank for General Leave purposes Article 26. Compensatory Time Off A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving overtime compensation at the rate of one and one half hour for each hour of overtime worked. Employees may accrue up to eighty (80) hours of Compensatory Time Off. B. Full-time employees will be paid for all Compensatory Time Off 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. C. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with reasonable notice of such request. If reasonable notice is provided, the employee's request will not be denied unless it would be unduly disruptive to the department to grant the request. "Reasonable notice" is defined as at least two weeks' notice. A request to use Compensatory Time Off with less than reasonable notice may still be granted within the discretion of the supervisor or manager responsible for considering the request. D. Upon separation from City service, an employee shall be compensated for all accrued Compensatory Time Off at his/her regular rate of pay. Article 27. Holidays A. The following days shall be Holidays for which full-time regular and probationary employees, in permanent positions, will receive compensation either in pay or paid time off. January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Thanksgiving Day Day following Thanksgiving Day [16] New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day TPSSA MOU 2015-18 December 24 Christmas Eve December 25 Christmas Day December 31 New Year's Eve B. Except as otherwise provided, when a holiday falls on a Sunday, the following Monday will be observed instead and when a holiday falls on a Saturday, the preceding Friday will be observed instead. C. Each Holiday has a value of nine (9) hours. 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, accrued Compensatory Time Off or General Leave will be used to ensure that hours paid will be equal to what the employee would receive for his/her regular shift. D. In December of each year, each full-time regular and promotional probationary employee may request Advance Holiday Pay, a cash out of the employee's holiday credit for the following year in lieu of having time off. The employee must have General Leave accrued in an amount equivalent to the holiday cash out requested to be eligible for full payment of the Advance Holiday Pay in January. In the event the employee does not have the required hours in his/her General Leave bank, pursuant to the City's leave report for pay period 25 of each year, the Advance Holiday Pay shall be made in January (January — September holidays) and October (October — December holidays) of each year. The Advance Holiday Pay request may only be for 1) all cash, 2) all General Leave, or 3) half cash and half General Leave. The employee request shall be in writing and is irrevocable. In the event that an employee separates from service and has used and/or been paid for holidays in excess of the pro - rata earned hours per month, the overage shall be deducted from his/her final check. In the event an employee is on unpaid leave immediately before and/or immediately after a holiday or is not otherwise eligible to receive a paid holiday, and has received Advance Holiday Pay, the City shall reduce the employee's leave bank(s) by the amount of hours of any unearned holiday previously paid on the payroll immediately following the holiday (or as soon as the overpayment is discovered). E. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), the monetary value of holiday pay for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays shall be reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) as a "statutory pay' — a type of reportable special compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 28. Bereavement Leave The City will allow up to fifty (50) hours of paid leave for the purpose of Bereavement Leave for all full- time unit employees in the event of a death in the immediate family. For purposes of this section, "immediate family" shall be defined as including spouse, registered domestic partner, mother, [17] TPSSA MOU 2015-18 stepmother, father, stepfather, brother, sister, child, stepchild, grandparent, or grandchild of the employee or the employees' spouse/registered domestic partner. CHAPTER 5 — WORKING CONDITIONS Article 29. Work Schedules A. The FLSA workweek for all members of the unit shall be 168 regularly recurring hours. B. Employees maybe assigned any of the following work schedules: a. 9/80 work schedule. The flex/off day is the same day every other week. In addition, the employee's scheduled work hours cannot be changed on his/her flex/off day. For employees working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four hours after the start time of his/her eight hour shift on the day of the week that corresponds with the employee's alternating regular day off. b. 4/10 work schedule. For employees working the 4/10 work schedule, each employee's designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and end at 11:59 p.m. the following Sunday. c. 3/12.5 work schedule. For employees working the 3/12.5 work schedule, each employee's designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and end at 11:59 p.m. the following Sunday. C. Employees assigned to the 3/12.5 work schedule are scheduled to work 2080 hours per fiscal year. In a seven day period (168 hours in length), employees are assigned three 12.5 hour work days. Additionally, once in every four week period, the employees are also assigned one ten hour work day. During the work week when the ten hour day occurs, employees will be regularly scheduled for forty-seven and one-half hours. This work schedule results in premium pay required under the Fair Labor Standards Act (FLSA). The regularly scheduled hours and resulting FLSA premium pay is defined as Special Compensation by CalPERS, in accordance with Title 2 of the California Code of Regulations (2 CCR §571). Such compensation paid for a normal full-time work schedule, including premium pay required by FLSA is reportable to CalPERS as Special Compensation. Employees assigned to the 3/12.5 hour work schedule will be paid a base hourly rate that results in the total pay for 2080 hours of regularly scheduled work being as close to equivalent to the total pay earned by employees working 2080 hours in the same classification assigned to the 4/10 work schedule. Hourly rates for the classifications are identified in Appendix A. D. Continuation of the work schedules is subject to the 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 work schedule. E. Employees may be assigned to attend training on days other than their regularly scheduled work days/shifts. [18] TPSSA MOU 2015-18 F. Department employees who are assigned to regularly rotating shifts (i.e., employees in the Communications, Records or Police Services Officer Units) work a standard twenty four (24) consecutive month shift assignment (day shift, cover, or graveyard). Based on departmental needs, an employee may be permitted to extend his/her shift assignment beyond the twenty four (24) consecutive month rotation. If such a request is not permitted, the decision is not subject to being grieved as it is subject to departmental need and discretion. Article 30. Shift Trading Employees in the unit have the right to trade shifts with their colleagues in the same classification/level subject to the following conditions: 1. Both employees agree to the shift trade voluntarily. 2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade. However, denials are not subject to being grieved. 3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as time worked on his or her time sheet. 4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City. Traded shifts should fall in the same two week pay cycle. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back. 5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does not work the shift, the employee who agreed to work the shift shall have his/her General Leave deducted. Article 31. Attendance A. All bargaining unit employees shall be in attendance at work in accordance with the City's and/or Department's rules regarding hours of work, holidays, and leaves. B. Any employee who is absent from duty shall report the reason for such absence to the department head or his/her immediate supervisor prior to the absence as far in advance as possible and in no case later than two (2) hours before the beginning of the employee's scheduled work shift. Absences not reported in such a manner may be considered absence without authorized leave. A deduction of pay may be made for the duration of any absence without authorized leave. Upon return to work, such absence shall be justified to the department head who shall consider the need for disciplinary action or to approve the absence as unavoidable and allow the employee to make up the lost time or cover it with General Leave. C. Absence without leave and without reasonable cause to report to work for three (3) consecutive scheduled work days may be cause for immediate discharge. [19] TPSSA MOU 2015-18 D. Continuous service for advancement within a salary range shall be considered interrupted if the employee experiences a leave of absence without pay in excess of fifteen (15) work days. Absence with pay shall not be considered an interruption of an employee's continuous service and shall not be deducted in computing total City service time. Article 32. Rest Periods A. Unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their work shift. Employees are encouraged to take their rest breaks. In the event an employee is unable to take his/her break(s), and is required to work through his/her breaks(s), the employee shall confirm the necessity of working through his/her break(s) with the immediate supervisor who shall then authorize equivalent compensation for the break(s) missed. The employee shall complete his/her timecard and all necessary paperwork so that the employee receives the additional compensation, which was approved by the immediate supervisor who confirmed the necessity of working through the break(s). B. No employee shall be intimidated, coerced, or discriminated against for exercising his/her entitlement to rest periods or for seeking direction from the immediate supervisor on working through rest breaks(s). Article 33. Paid Lunch Break A. All unit employees shall be entitled to receive compensation for a lunch break period not to exceed 30 minutes. Employees receive a paid lunch break because they are required to be working or available to respond immediately to calls for service during their lunch time. B. In the event an employee requests a lunch period free from recall status, such a break may be approved by the on -duty supervisor with consideration to workload and deployment, and the employee shall submit a General Leave request for the approved time away from the workstation. CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS Article 34. Employee Rights As the recognized representative of the employees covered by the Resolution, the City acknowledges and recognizes the following employee rights: 1. TPSSA shall have access to and be provided with payroll deduction (as currently provided) of dues, fees, and assessments without charge through the City's regular payroll system. 2. TPSSA shall be afforded the reasonable use of department bulletin boards for the posting of notices, updates, meeting minutes and other material related to TPSSA business. 3. TPSSA shall be afforded the reasonable use of department copy machines and faxes and will reimburse the City for any material costs or toll fees for such use. [20] TPSSA MOU 2015-18 4. Upon notice, and subject to availability, the City shall allow TPSSA the use of City facilities including meeting rooms for TPSSA membership, Board of Directors and committee meetings. 5. Employees shall have the right to representation by TPSSA in processing grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with a TPSSA representative for discussion and consultation on grievances and disciplinary appeals. 6. TPSSA shall have the exclusive right on behalf of the bargaining unit to meet and confer with management over matters of wages, benefits, hours, and terms and conditions of employment pursuant to State and Federal laws. 7. All bargaining unit members shall have the right to join and participate in the activities of TPSSA free from management interference, intimidation, coercion, or discrimination. 8. TPSSA shall have the right to distribute reasonable association information and newsletters at the job site. 9. TPSSA representatives shall have the right reasonable usage of department telephones for the discussion of TPSSA business. 10. TPSSA representatives and consultants shall have the right of reasonable access to the workplace. 11. All other rights and privileges currently in effect or which may be enacted in the future pursuant to State or Federal law. Article 35. Appeals and Hearings A. Pre -Disciplinary Meetings and Disciplinary Appeals 1. Pre -Disciplinary Meeting A full-time employee who has attained a regular appointment shall have the right to a pre - disciplinary meeting before his/her department head or designee whenever the employee may be subject to a demotion, non -emergency suspension, or non -emergency dismissal. In the event of an emergency suspension or dismissal a meeting will be conducted by the department head or designee as soon as practicable after the action has been taken. 2. Procedure for Pre -Disciplinary Meetings Notice of a proposed disciplinary action shall be provided to the employee including a statement of the proposed action, the reasons therefore, and a copy of the charges and materials upon which the action is based. The employee shall have ten (10) days to respond orally, in writing, or both to the charges. Within ten (10) days of the employee's response, he/she will be advised in writing of the City's decision. If the disciplinary action is upheld, the employee will receive a Notice of Disciplinary Action stating the action taken, the reasons therefore, and the employee's right to appeal. [21] TPSSA MOU 2015-18 3. Post -Discipline Appeal Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal the action in writing to the Director of Human Resources. 4. Effective Date of Disciplinary Action The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a termination, the employee shall cease to be an employee of the City on the effective date of the termination. 5. Calendar Days Unless otherwise indicated, "day' or "days" when used in this section shall be calendar day(s). B. Appeals Procedure 1. If a timely appeal is filed as provided in the Grievance Procedure (Article 36) or Pre -Disciplinary Hearings and Disciplinary Appeals section (Article 35, Section A) the City Manager may hear the appeal or appoint any City management/supervisory employee or arbiter who has not been personally involved in the actions giving rise to the discipline to hear the appeal. 2. An "arbiter" is a person with experience acting as a hearing officer on public employment issues. Any hearing conducted by an arbiter shall not be considered an "arbitration" as defined in Code of Civil Procedure Section 1281.6. 3. In the event that the employee requests that an arbiter hear the appeal, such a request will be honored provided the request is made within the ten (10) days after receiving the notice of disciplinary action. The arbiter shall be chosen from a list provided by the State Mediation and Conciliation Services through a process where the employee organization and the employer strikes the name of an arbiter until only one name remains. 4. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a written report outlining his/her findings, conclusions, and recommendations to the City Manager. 5. Within ten (10) days of the receipt of the hearing officer's report, or the conclusion of the hearing if it was conducted by the City Manager or his/her City appointee, the City Manager shall provide his/her written decision to the employee. C. Hearings 1. Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager, provided that the parties may agree to a longer or shorter period of time. [22] TPSSA MOU 2015-18 2. All hearings involving disciplinary action against an employee shall be closed to the public unless the affected employee requests that the hearing be open to the public. 3. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence. 4. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify on her/his 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. The cost of the reporter will be split between the City and TPSSA. 5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons, otherwise directs: a. Opening statements shall be permitted with the City proceeding first. b. The City shall proceed first in a disciplinary appeal hearing. If witnesses are called, the opposing party shall have the right to cross-examine the witnesses on any matter relevant to the issues, even though that matter was not covered on direct examination. c. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case. d. Closing arguments and written briefs shall be permitted. e. The hearing officer shall determine the 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 hearing officer, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. [23] TPSSA MOU 2015-18 f. The hearing officer shall have no authority to amend, alter, or modify the Memorandum of Understanding or any sections of the City's Personnel Rules and shall limit his/her recommendations to the interpretation and application of the Memorandum of Understanding, agreement at issue and/or the City's Personnel Rules. g. The hearing officer may recommend sustaining or modifying the disciplinary action. 6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director of Human Resources. The City Manager, in his/her sole discretion, may hear limited oral arguments and/or request written statements from either party on the hearing officer's findings, conclusions, and recommendations. The City Manager shall inform the appellant of his/her decision regarding the appeal within ten (10) days of the conclusion of the hearing or if the appeal is heard by a hearing officer other than the City Manager, within ten (10) days of the receipt of the hearing officer's report. However, the City Manager may extend the time to issue his/her decision beyond the ten day period if he/she believes it is necessary. The decision of the City Manager regarding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Manager's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. The City Manager's decision is subject to review by a superior court pursuant to Code of Civil Procedure Section 1094.6. 7. If the employee organization requests that an arbiter be appointed to hear the appeal the organization shall pay the cost of the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and the organization. If either party orders a transcript for their review, the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court reporter, the party responsible for the cancellation or postponement shall be solely responsible for payment of the fee. The arbiter shall submit his/her bills for services to the party, which is obligated to pay them pursuant to this section. 8. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) days prior to the commencement of the hearing; after commencement, subpoenas shall be issued only at the discretion of the hearing officer. 9. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the grievant and an authorized management representative. Article 36. Grievance Procedure These procedures are established to provide for the resolution of grievances of unit employees. A. Limitations The procedures set forth in this Section shall apply to all grievances involving unit employees. Excluded from this procedure are grievances related to: [24] TPSSA MOU 2015-18 1. The amendment or change of City Council resolutions, ordinances or minute orders, which do not involve provisions of a Memorandum of Understanding (MOU), Personnel Rules, or other agreements between the City and employee organization. 2. Position classification. B. Definitions 1. Grievance: An expressed claim that there has been a violation, misinterpretation, or misapplication of a provision of the Personnel Rules or Memorandum of Understanding. 2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a provision of the Personnel Rules, an agreement between the City and employee organization, or Memorandum of Understanding. 3. Grievance Procedure: The process by which the validity of a grievance is determined and resolution effected. 4. Day: Unless otherwise indicated, "day' or "days" when used in this section shall be calendar day(s). C. Procedure 1. Step 1. The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. The grievant shall state the facts necessary to an understanding of the issues involved; refrain from including any unrelated charges; cite the sections of the City resolutions, agreement, Memorandum of Understanding or rules alleged to have been violated and the remedy sought. The grievant shall submit the grievance form to his/her immediate supervisor. Within ten (10) days of receipt of the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by employee organization representatives that involve issues potentially impacting the organization's rights or membership as a whole shall be filed at Step 3. 2. Step 2. If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar days after receipt of the supervisor's response, submit the grievance to his/her department head. After receipt of the grievance, the department head will meet with the grievant and make such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the department head shall inform the grievant of his/her decision. 3. Step 3. [25] TPSSA MOU 2015-18 If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization grievances, the grievant may submit the grievance to the City Manager. Employee grievances are to be submitted within ten (10) days of receipt of the department head's decision. Such submittal shall include the original of the grievance form and a written statement of any issues that are in dispute. The City Manager has the sole discretion to hear the grievance him/herself or appoint any City management/supervisory employee (except the employee's department head), or an arbiter to hear the grievance and submit a recommendation as to resolution of the grievance. At the hearing, the grievant has the burden of proof and will present his/her case f rst. D. General Provisions 1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the person or organization representative suspected as having violated provisions of the Personnel Rules or Memorandum of Understanding. Upon a showing of good cause to the Director of Human Resources, such discussion may be waived between an employee and his/her immediate supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate actions of the supervisor form the basis for the grievance and the employee has reasonable cause to believe that the supervisor would not be objective. 2. An employee may obtain a grievance form from his/her supervisor or the Human Resources Department. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files. 3. No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. 4. Failure by management at any step of this procedure to communicate their decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step. 5. A grievant shall be entitled to be present at all steps of the procedure. 6. Failure by the grievant to appeal a decision on a grievance within the specified time limits shall be deemed acceptance of the decision rendered. 7. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the grievant and an authorized management representative. E. Employee Representation 1. An employee may represent him/herself or be represented by a representative of the employee organization. 2. If an employee chooses not to be represented by the employee organization and the subject of the grievance involves MOU or other provisions which have been negotiated between the City and the employee organization, the organization may have staff representatives present beginning with Step 3, and shall have the right to present the organization's interpretation of [26] TPSSA MOU 2015-18 the provisions at issue. Such presentation shall not include comments regarding the merits of the grievance. Article 37. Performance Evaluations An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 38. Membership Meetings Each Association member shall be entitled to two (2) hours per calendar year of paid release time for membership meetings. These meetings are in addition to the Memorandum of Understanding ratification meetings allowed the Association. The Association shall provide a minimum of two (2) weeks' advanced notice to the City of such meetings. The two (2) hours per calendar year of release time shall be used in one (1) hour increments and will be non -cumulative for the next calendar year. Article 39. No Strike / Job Action A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves and the employees in the bargaining unit that they will not cause or condone any strike, walkout, work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and responsibilities, withholding of services or other interference with City operations, including compliance with the request of other employees and/or labor organizations to engage in any or all of the preceding activities. B. Any employee who participates in any of the conduct prohibited above may be subject to discipline up to and including termination. C. In the event of such activities, the Association shall immediately instruct any person engaging in such conduct that they are violating the Agreement and that they are engaging in unauthorized conduct and should resume full and faithful performance of their job duties. D. The City agrees it will not lock out employees during the term of this agreement. Article 40. Agency Shop A. Legislative Authority As a result of State of California adoption of SB 739, all full-time and part-time benefitted employees represented by the Tustin Police Support Services Association have the right to join or not join the Association. However, the enactment of a local "Agency Shop" requires that as a condition of continuing employment, employees in the respective bargaining unit must either join the Association or pay to the Association a service fee in lieu thereof. Such service fee shall be established by the Association, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Association. [27] TPSSA MOU 2015-18 B. Association Dues/Service Fees 1. The Human Resources Department shall provide new hires to the TPSSA unit with an authorization notice advising them that Agency Shop for the Association has been enacted pursuant to state law and an agreement exists with the Association, and that all employees subject to the Agreement must either join the Association, pay a service fee to the Association, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee's signature authorizing a payroll deduction of Association dues, a service fee or a charitable contribution equal to the service fee. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to the Human Resources Department. 2. If the form is not completed properly or returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Association dues, service fee, or charitable contribution shall begin no later than the beginning of the first pay period commencing 14 calendar days after receipt of the authorization form by the employee. 3. The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made. In the case of an employee in a non -pay status during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Association dues and service fees. C. Religious Exemption 1. Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall upon presentation of active membership in such religion, body, or sect, not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums equal to the dues, initiation fees or agency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following charities: United Way, Tustin Community Foundation, or Community Health Charities. Proof of the payments shall be made on an annual basis to the City as a condition of continued exemption from the requirement of financial support to the Association [Section 3502.5(c)]. 2. Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Association within 14 calendar days of receipt by the City. The Association shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be made by regular payroll deductions only. [28] TPSSA MOU 2015-18 D. Rescission The Agency Shop provision in this Agreement may be rescinded by a majority vote of all the employees in the unit covered by the Agreement, provided that: 1. A request for such a vote is supported by a petition containing the signatures at least 30 percent of the employees in the unit. 2. The vote is by secret ballot. 3. The vote may be taken at any time during the term of the represented unit's memorandum of understanding, but in no event shall there be more than one rescission vote taken during that term. Notwithstanding the above, the City and the Association may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an Agency Shop agreement [Section 3502.5(d)]. 4. If a "rescission vote" is approved by unit members during the term of a current memorandum of understanding, the Association agrees not to petition for or seek Agency Shop status for the duration of the current memorandum of understanding. E. Records The Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. F. Indemnification The Association shall indemnify, defend, and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation. Article 41. Management Rights Except as otherwise specifically provided in State and Federal laws, the City reserves and retains and is vested with all rights of management which have not been expressly abridged by specific provisions of this Resolution or by law to manage the City. This shall include, but is not limited to: 1. The right to contract or subcontract services and/or work. The right to temporarily suspend the provisions of this agreement in the event of, and for the duration of, an emergency as determined by the City Council, and/or by County, State or Federal action upon notification to the Association regarding the nature and expected duration of the emergency. In the event of such suspension of the Resolution, when the emergency is over management will immediately [29] TPSSA MOU 2015-18 initiate the meet and confer process over replacement of any salary, benefit, or working conditions lost by unit employees as a result of the suspension. 2. The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay off or discharge for just cause any employee. 3. 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. 4. The right to modify the performance evaluation form. 5. The right to modify and update class specifications. Article 42. Layoffs The layoff provisions described in the Personnel Rules currently in effect are hereby incorporated into this MOU by reference. [30] TPSSA MOU 2015-18 IN WITNESS WHEREOF, the parties hereto have executed this document this 7t" day of July 2015. FOR THE CITY OF TUSTIN Jeffrey Parker, City Manager Derick Yasuda, Director of Human Resources Matthew West, Assistant to the City Manager Karyn Roznos, Senior Management Analyst Peter Brown, Liebert Cassidy Whitmore [3 1] FOR THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION Amanda Shanahan, President Regina Sanbrano, Vice President Jasmine DeLeon, Secretary Suzanna Howard, Treasurer John Garzone, Member at Large Elyse McNeff, Negotiations Team Member TPSSA MOU 2015-18 APPENDIX A — MONTHLY SALARY RANGES Effective the pay period that includes July 1, 2015 Classification Step A Step B Step C Step D Step E Step F Crime Analyst $5,230.14 $5,497.95 $5,779.48 $6,075.42 $6,386.52 $6,705.84 Police Comm Lead (3/12.5) $5,110.37 $5,372.04 $5,647.13 $5,936.29 $6,240.26 $6,552.27 Police Comm Officer 1 (3/12.5) $4,355.64 $4,578.67 $4,813.12 $5,059.58 $5,318.66 $5,584.59 Police Comm Officer 11 (3/12.5 $4,624.63 $4,861.44 $5,110.37 $5,372.04 $5,647.13 $5,929.48 Police Fleet Coordinator $4,780.53 $5,025.32 $5,282.64 $5,553.14 $5,837.49 $6,129.37 Police Records Lead (3/12.5) $3,912.22 $4,112.55 $4,323.13 $4,544.50 $4,777.21 $5,016.07 Police Records Lead (4/10) $4,003.91 $4,208.93 $4,424.46 $4,651.01 $4,889.17 $5,133.63 Police Records Spec (3/12.5) $3,540.36 $3,721.65 $3,912.22 $4,112.55 $4,323.13 $4,539.29 Police Records Spec (4/10) $3,623.34 $3,808.87 $4,003.91 $4,208.93 $4,424.46 $4,645.68 Police Sery Offcr 1 (3/12.5) $4,071.68 $4,280.17 $4,499.34 $4,729.73 $4,971.92 $5,220.51 Police Sery Offcr 1 (4/10) $4,167.11 $4,380.49 $4,604.79 $4,840.58 $5,088.45 $5,342.87 Police Sery Offcr 11 (3/12.5) $4,290.87 $4,510.59 $4,741.56 $4,984.35 $5,239.57 $5,501.55 Police Sery Offcr 11 (4/10) $4,391.44 $4,616.31 $4,852.69 $5,101.17 $5,362.38 $5,630.49 Police Sery Offcr 111 (3/12.5) $4,624.63 $4,861.44 $5,110.37 $5,372.04 $5,647.13 $5,929.48 Police Sery Offcr 111 (4/10) $4,733.02 $4,975.38 $5,230.14 $5,497.95 $5,779.48 $6,068.46 Property & Evidence Tech $4,230.01 $4,446.61 $4,674.30 $4,913.65 $5,165.25 $5,423.52 Effective the pay period that includes July 1, 2016 Classification Step A Step B Step C Step D Step E Step F Crime Analyst $5,387.05 $5,662.89 $5,952.87 $6,257.69 $6,578.11 $6,907.02 Police Comm Lead (3/12.5) $5,263.68 $5,533.21 $5,816.54 $6,114.38 $6,427.47 $6,748.84 Police Comm Officer 1 (3/12.5) $4,486.31 $4,716.03 $4,957.52 $5,211.37 $5,478.22 $5,752.13 Police Comm Officer II (3/12.5 $4,763.37 $5,007.28 $5,263.68 $5,533.21 $5,816.54 $6,107.37 Police Fleet Coordinator $4,923.94 $5,176.07 $5,441.12 $5,719.73 $6,012.62 $6,313.25 Police Records Lead (3/12.5) $4,029.58 $4,235.92 $4,452.83 $4,680.84 $4,920.52 $5,166.55 Police Records Lead (4/10) $4,124.03 $4,335.20 $4,557.19 $4,790.55 $5,035.85 $5,287.64 Police Records Spec (3/12.5) $3,646.57 $3,833.29 $4,029.58 $4,235.92 $4,452.83 $4,675.47 Police Records Spec (4/10) $3,732.04 $3,923.14 $4,124.03 $4,335.20 $4,557.19 $4,785.05 Police Sery Offcr 1 (3/12.5) $4,193.83 $4,408.58 $4,634.32 $4,871.62 $5,121.08 $5,377.13 Police Sery Offcr 1 (4/10) $4,292.12 $4,511.90 $4,742.94 $4,985.80 $5,241.10 $5,503.16 Police Sery Offcr II (3/12.5) $4,419.60 $4,645.91 $4,883.80 $5,133.88 $5,396.76 $5,666.60 Police Sery Offcr II (4/10) $4,523.18 $4,754.80 $4,998.27 $5,254.20 $5,523.25 $5,799.41 Police Sery Offcr III (3/12.5) $4,763.37 $5,007.28 $5,263.68 $5,533.21 $5,816.54 $6,107.37 Police Sery Offcr III (4/10) $4,875.01 $5,124.64 $5,387.05 $5,662.89 $5,952.87 $6,250.51 Property & Evidence Tech $4,356.91 $4,580.01 $4,814.53 $5,061.06 $5,320.21 $5,586.22 [32] TPSSA MOU 2015-18 APPENDIX B — POLICE SERVICES OFFICER CAREER OFFICER PROGRAM A. Police Services Officers qualifying under the Police Services Officer Career Officer Program, as outlined in the Division Standard Operating Procedure, shall be eligible for additional compensation in accordance with the following: 1. Police Services Officer I Requirements include: a. Entry level experience and education. May be assigned to fill any open assignment, in any area, at the discretion of management. 2. Police Services Officer II Requirements include: a. Minimum 5 years experience with TPD or 2 years with TPD and 3 years equivalent experience with another law enforcement agency (5 years total experience); and b. Competent or better evaluations for the previous three consecutive years. 3. Police Services Officer III Requirements include: a. Minimum 7 years experience with TPD or 2 years experience in one assignment area with TPD and 5 years equivalent service with another law enforcement agency (7 years total experience); or b. 5 years experience in the CSI assignment combined with possession of a POST Forensic Technician certification (5 years total experience); and c. Competent or better evaluations for the previous 3 consecutive years. B. Once a Police Services Officer has met the criteria for advancement to the next PSO level, he/she shall complete the appropriate TPD form, "Recommendation for Advancement to Police Services Officer (II, III)." Once completed, the form should be submitted via chain of command. If all qualifications are met, the department head shall make a recommendation for advancement and will authorize the Professional Standards Unit to generate a Personnel Action Form signifying the classification change. [33]