HomeMy WebLinkAbout11-ATTACHMENTS 1 & 2 (RESO 15-42 AND TPOA MOU)RESOLUTION NO. 15-42
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 OFFICERS ASSOCIATION —
POLICE OFFICER REPRESENTATION UNIT,
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 Officers Association — Police Officer
Representation Unit (TPOA) have met and conferred in good faith in accordance with
the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPOA 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:
I. The Memorandum of Understanding between the City and TPOA, 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parts of Resolutions in conflict herewith are hereby rescinded.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 21st day of July 2015.
Resolution 15-42
Page 1 of 2
CHARLES E. PUCKETT
Mayor
ATTEST:
JEFFREY C. PARKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) . SS
CITY OF TUSTIN )
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. 15-42 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 21St day of
July 2015, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 15-42
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM:
July 1, 2015—June 30, 2018
TPOA MOU 2015-18
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS........................................................................................................3
Article1. Recognition...........................................................................................................................3
Article2. Entire Agreement.................................................................................................................3
Article3. Reopener..............................................................................................................................4
Article4. Severability...........................................................................................................................4
Article 5. Binding on Successors...........................................................................................................4
Article6. Notices.................................................................................................................................4
Article7. Payroll Deductions................................................................................................................4
CHAPTER 2 — COMPENSATION.................................................................................................................5
Article8. Salary....................................................................................................................................5
Article 9. Overtime Compensation.......................................................................................................5
Article 10. Uniform Allowance.............................................................................................................5
Article11. Bilingual Pay.......................................................................................................................6
Article 12. Educational Incentive Pay...................................................................................................6
Article 13. Career Officer Program.......................................................................................................7
Article14. Standby Duty......................................................................................................................8
Article15. Call -Back Duty.....................................................................................................................8
Article16. Court Pay............................................................................................................................8
Article 17. Special Assignments............................................................................................................8
Article 18. Shift Differential Pay.........................................................................................................
10
CHAPTER 3 — BENEFITS..........................................................................................................................
10
Article 19. Flexible Benefits Plan........................................................................................................10
Article20. Retirement.......................................................................................................................
11
Article 21. Deferred Compensation....................................................................................................
14
Article 22. Employee Life Insurance...................................................................................................
14
Article 23. Long -Term Disability (LTD) Plan.........................................................................................
14
Article 24. Tuition Reimbursement....................................................................................................
15
Article 25. Retiree Medical Insurance.................................................................................................
15
CHAPTER 4— LEAVES OF ABSENCE.........................................................................................................
16
Article26. General Leave...................................................................................................................
16
TPOA MOU 2015-18
Article
27. Compensatory Time Off....................................................................................................18
Article28.
Holidays............................................................................................................................
18
Article
29. Bereavement Leave..........................................................................................................
19
Article30.
Military Leave...................................................................................................................
20
CHAPTER
5 —WORKING CONDITIONS....................................................................................................
20
Article31.
Attendance.......................................................................................................................20
Article32.
Work Schedules................................................................................................................
20
Article33.
Shift Trades.......................................................................................................................
22
Article
34. Rest Periods and Lunch Breaks..........................................................................................
22
CHAPTER
6 — EMPLOYER / EMPLOYEE RELATIONS.................................................................................
23
Article35.
Employee Rights...............................................................................................................
23
Article
36. Third Party Advisory Process for Disciplinary Appeals........................................................
24
Article
37. Rules of Evidence and Procedure for Employees Removed from Special Assignments.......
27
Article
38. Performance Evaluations..................................................................................................
28
Article
39. No Strike / Job Action........................................................................................................
28
Article
40. Management Rights..........................................................................................................
28
Article41.
Layoffs..............................................................................................................................29
APPENDIX A — MONTHLY SALARY RANGES.............................................................................................
30
TPOA MOU 2015-18
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT
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,
City representatives have met and conferred in good faith with the Tustin Police Officers Association
(hereinafter sometimes referred to as TPOA or Association) pertaining to the wages, hours, benefits and
conditions of employment for employees in the Police Officer Representation Unit; and
WHEREAS, the meeting between the Association and City representatives has resulted in an agreement
and understanding to recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives recommend to the City
Council that it adopt by resolution or resolutions the changes and additions to the wages, hours and
conditions of employment for the unit employees as set forth herein.
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
A. The City has previously recognized the Tustin Police Officers Association as the majority
representative of employees in the Police Officer Representation Unit for purposes of
representation on issues of wages, hours and other terms and conditions of employment. As
majority representative, the Association is empowered to act on behalf of all employees who hold
positions in classes in the Police Officer Representation Unit whether or not they are individually
members of the Tustin Police Officers Association.
B. The classifications constituting the Police Officer Representation Unit are Police Officer and Police
Recruit.
Article 2. Entire Agreement
The City and TPOA 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 exists this
memorandum of understanding shall prevail.
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TPOA MOU 2015-18
Article 3. Reopener
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 Januaryl, 2017 or later.
Article 4. 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 part hereof.
Article 5. 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, sale, transfer or assignment of either party hereto.
Article 6. Notices
Notices hereunder shall be in writing and, if to TPOA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, CA 92781; and, if to the City, shall be mailed to City Manager,
City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 7. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits including deferred compensation.
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 and any authorized fees to TPOA.
12. Payment of authorized TPOA deductions.
13. Payment for non -return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Other purposes as may be authorized by the City.
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TPOA MOU 2015-18
CHAPTER 2 — COMPENSATION
Article 8. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period which includes July 1, 2015, employees in the bargaining unit shall receive a
four percent (4%) base salary increase.
C. Effective the pay period which includes July 1, 2016, employees in the bargaining unit shall receive a
three and one-half percent (3.5%) base salary increase.
D. 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 five
thousand, seven hundred and one dollars ($5,701.00). 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 9. Overtime Compensation
A. Employees in the unit are subject to different work schedules. However, all employees are
scheduled to work 160 hours in the 28 day FLSA work period.
B. Overtime is subject to pre -approval by the employee's supervisor. The City shall pay unit employees
overtime compensation at the rate of time and one-half (1%) for all hours worked in excess of:
1. Regularly scheduled hours per shift; or
2. Hours worked on a day the employee is not regularly scheduled to work; or
3. Hours worked in excess of 160 hours in the 28 day FLSA work period.
C. General Leave, Compensatory Time Off and Holiday hours paid shall be counted as hours worked in
these calculations, provided, however, that Standby time shall not be considered hours worked.
Article 10. Uniform Allowance
Employees will be paid a uniform allowance of $429 per year, paid biweekly ($16.50 per pay period for
26 pay periods per year) for the purchase, rental and/or maintenance of the required uniforms. The
parties agree that for "classic members" as defined by the Public Employees' Pension Reform Act of
2013, this is special compensation and shall be reported as such, to the extent legally permissible,
pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. Special motor officer gear and officer
public safety leather/nylon gear required by the department will be provided.
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TPOA MOU 2015-18
Article 11. Bilingual Pay
Employees in the classification of Police Officer who successfully pass the City's examination for
conversational skill in a language other than English (which the Director of Human Resources has
approved as being needed for City business) are eligible to receive $250 per month ($115.38 per pay
period) as a Bilingual Pay incentive. The parties agree that this is special compensation and shall be
reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Bilingual
Premium. Individuals are eligible to receive Bilingual Pay at the beginning of the first pay period after
Human Resources receives the employee's test score demonstrating conversational proficiency. Should
a conflict arise regarding designation of an employee for compensation, proficiency and/or need, the
Director of Human Resources shall determine who is eligible. The City is responsible for the
development and administration of a testing vehicle to determine proficiency. In addition, Management
will determine where within its discretion bilingual proficiency is necessary in a particular work area and
if so will compensate for it.
Article 12. Educational Incentive Pay
A. The City shall provide Educational Incentive Pay as an incentive for employees in the classification of
Police Officer to improve their level of education in relevant fields beyond the expected level for
their position.
B. Police Officers are eligible to receive Educational Incentive Pay after six (6) months of City service.
Educational Incentive Pay begins the first pay period after Human Resources receives and certifies
the employee has met all of the eligibility requirements.
C. To apply for Educational Incentive Pay, an employee must be actively at work, provide official
documentation of the required classes and/or degree (associate's, bachelor's, or master's) and have
completed any applicable service requirements.
D. Incentive amounts areas follows:
Degree in Related Field Amount
Associate's $175/month ($80.77/pay period)
Bachelor's $325/month ($150.00/pay period)
Master's $375/month ($173.07/pay period)
The parties agree that this is special compensation and shall be reported as such, to the extent
legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) as Educational Incentive.
E. Employees currently receiving Educational Incentive Pay for an equivalent to an Associate's degree
shall be grandfathered and shall continue to receive whatever compensation is provided to
employees with an Associate's degree. Such employees must have continuing active enrollment in
a bachelor's curriculum with over half of the course work completed. Credit for a class under this
plan requires a grade of "C" or better. A pass/fail course will be deemed to have achieved a "C"
grade if the course was passed. No credit is provided for courses for which the City paid and that
were attended entirely or in substantial part on City time. Employees in a program leading to a job-
related degree may be given credit for non -job related courses which are required to obtain the
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TPOA MOU 2015-18
degree, but they shall not exceed 50% of the total credits until the related degree is received. A
reasonable interpretation of the related nature of the degree fields shall be made by the Director of
Human Resources.
F. For purposes of contract negotiations, the Educational Incentive Pay provided for a bachelor's
degree shall be used for future compensation comparisons.
Article 13. Career Officer Program
A. Officers qualifying under the Career Officer Program shall be eligible for additional compensation in
accordance with the following:
Level Increase in
Base Salary
Requirements
Senior Officer 1 2.5% •
Five (5) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer (a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
•
POST Basic Certificate
•
30 college semester credits (transcripts required)
•
"Competent" or better annual performance evaluations for
the previous three (3) consecutive years
•
Has accepted additional duties as assigned
Senior Officer 11 4.5% •
Seven (7) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer (a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
•
POST Intermediate Certificate
•
60 college semester credits or an associate's degree
(transcripts required)
•
"Competent" or better annual performance evaluations for
the previous three (3) consecutive years
•
Has performed as a Senior Officer I for one (1) year
•
Has accepted additional duties as assigned
Master Officer 6.5% •
Ten (10) consecutive years of employment with the Tustin
Police Department as a full-time sworn Police Officer a
lateral entry Police Officer may use 50% of his/her prior paid
full-time sworn Police Officer service toward this
requirement)
•
POST Advanced Certificate
•
90 college semester credits
•
"Competent" or better annual performance evaluations for
the previous five (5) consecutive years
•
Has performed as a Senior Officer 11 for one (1) year
•
Has accepted additional duties as assigned
D]
TPOA MOU 2015-18
Employees are eligible for Career Officer Pay at the beginning of the first pay period following receipt by
the Human Resources Department of documentation that all requirements have been met and
approvals have been processed. The parties agree that this is special compensation for "educational
incentive pay' within the meaning of, and shall be reported, to the extent legally permissible, as such
pursuant to Title 2 CCR, Section 571(a)(2) Educational Incentive.
Article 14. Standby Duty
A. Unit employees shall be compensated for Standby Duty (except for court appearances) at the rate of
two (2) hours of straight time for each eight (8) hours required, including Holidays. If an employee is
on Standby Duty and the Standby status is canceled, the employee will still receive the full amount
of Standby Pay appropriate for the time frame involved.
B. 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 (a.m. hours) appearances and two (2) hours of straight
time for afternoon (p.m. hours) appearances. If a scheduled Standby for court appearances is
canceled and the employee is not advised (either via phone call or voicemail) 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 or voicemail) 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.
Article 15. Call -Back Duty
In addition to Standby Pay, if any, employees shall receive a minimum of two (2) hours of overtime
compensation paid at a time and one-half (1 %) rate for any call (fifteen (15) or more minutes beyond
the end of their shift) which required them to return to duty.
Article 16. Court Pay
A. An employee shall be paid at a rate of time and one-half (1 %) for actual time spent in City -required
court appearances that occur during the employee's off-duty hours. A minimum of two (2) hours of
Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. — 12:00 p.m.)
and/or a minimum of two (2) hours of such compensation for court appearances scheduled in the
afternoon (12:00 p.m. — 5:00 p.m.).
B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for
the same time period.
Article 17. 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 two and one-half percent
(2.5%) of base salary for performing in such special assignments; provided, however, that at no time
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TPOA MOU 2015-18
may an employee receive more than one (1) special assignment pay premium. The parties agree
that this is special compensation and shall be reported as such, to the extent legally permissible,
pursuant to Title 2 CCR, Section 571(a)(4).
1. Commercial Enforcement Officer (Police Investigator Detail)
2. Community Impact Officer (Police Liaison Premium)
3. Field Training Officer (Training Premium)
4. Gang Unit Officer (Gang Detail Assignment Premium)
5. Investigator — General Investigations (including OCATT) and Special Investigations (including
RNSP) (Police Investigator Premium)
6. K-9 Officer (Canine Officer/Animal Premium)
7. Motorcycle Patrol Officer (Motorcycle Patrol Premium)
8. Professional Standards Personnel Officer/Professional Standards Training Officer (Police
Administrative Officer)
9. School Resource Officer (Police Liaison Premium)
10. Special Enforcement Detail Officer (Police Investigator Detail)
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 any
appeal required by Section 3304(b) of the California Government Code shall be governed by Article
37 of this MOU (Rules of Evidence and Procedure for Employees Removed from Special
Assignments).
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.
C. Each employee performing the assignment of Motor Officer or K-9 Officer will receive one (1) paid
day off per month (10 hours) which is considered compensation for hours worked under the FLSA
for the time spent (as an officer -dog handler or officer motor -handler) at their residence in caring
for the dog/equipment during regular days off and during vacation or sick leave.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine
duties, entitles the parties to agree to a reasonable number of hours per month for the performance
of off duty canine duties. The hours derived at in this agreement were determined after an actual
inquiry of the Officers assigned in the canine special assignment as addressed by Leever v. City of
Carson City, 360 F.3d 1014 (9t" Cir. 2004). It is the intent of the parties through the provisions of this
section to fully comply with the requirements of the FLSA. In addition, both parties believe that this
section of the MOU does comply with the requirements of the FLSA.
The City and Officers understand and agree that this additional compensation is intended to
compensate canine/motor officers for all off duty hours spent caring, grooming, feeding and
otherwise maintaining their assigned canine or maintaining their assigned motorcycle, in compliance
with the FLSA and interpretive cases and rulings. Unless otherwise authorized by a supervisor,
employees in these assignments must limit their off-duty hours to a maximum of ten (10) hours per
month because they are only being paid for 10 hours per month.
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TPOA MOU 2015-18
Article 18. Shift Differential Pay
Employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at 6:30
a.m. the following day) or to a shift where all hours worked falls between the hours of 6:00 p.m. — 6:30
a.m. shall receive Shift Differential Pay. Special Enforcement Detail (SED) Team members are eligible for
Shift Differential Pay as long as the unit's regular schedule is the graveyard shift. If the Police
Department temporarily and indefinitely modifies the work schedule of the SED Team in order to meet
the changing priorities and needs of the department, SED Team members will remain eligible for Shift
Differential pay during this time. The parties agree that this is special compensation and shall be
reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) as Shift
Differential. This differential is designed to compensate the employee for the inconvenience of working
this particular shift. Unit employees receiving this differential are paid $25 per pay period, limited to 24
pay periods per year.
CHAPTER 3 — BENEFITS
Article 19. 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 per
month 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 which includes July 1, 2015, the Flexible Benefits contribution per month
per eligible employee will be as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$775 $1,025 $1,250
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
$825
$1,075
$1,300
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
$875
Employee + 1
Dependent
$1,125
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Employee + 2
or More Dependents
$1,350
TPOA MOU 2015-18
C. Employees who do not take medical insurance through the program offered by the City shall receive
$400 per month effective July 1, 2015, $425 per month effective July 1, 2016 and $450 per month
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.
D. 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
Discretionary allocations are to be made in accordance with program/City requirements including
restrictions as to the time when changes may be made in allocations to the respective programs.
E. 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. All 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, as amended.
B. Employees first hired by the City as Local Safety members prior to January 1, 2012 shall be provided
the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2.
1. These employees are responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in
TPOA MOU 2015-18
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis.
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 twelve percent (12%). 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 an amount equal to the
value of this three percent (3%) cost sharing.
3. The plan has been amended to include Section 21574 (Fourth 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.
C. Employees first hired by the City as Local Safety Members on or after January 1, 2012, excluding any
individuals defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of
2013, shall be provided the CalPERS 2% @ 50 retirement formula.
1. These employees are responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax 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.
2. These employees are 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 twelve percent (12%). 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 an amount equal to this three percent
(3%) cost sharing.
3. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. 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.
D. Police Officers 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 2.7% @ 57 plan for Local Safety 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 11.50%. This amount will be
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TPOA MOU 2015-18
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. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. 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).
E. Police Recruits first employed by the City on or after January 1, 2012, excluding any individuals
defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be
enrolled in the CalPERS 2% @ 60 retirement formula for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of 7% of the employee's
wages through a pre-tax 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.
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 20037. The plan provides for 3rd level of 1959 Survivor benefits with
the employee paying the employee portion of the premium.
F. Police Recruits 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.
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TPOA MOU 2015-18
Article 21. Deferred Compensation
For each unit employee, the City shall contribute $37 per month to a Section 457 deferred
compensation plan. It is the responsibility of each employee to complete the necessary paperwork and
take required steps to enroll in the plan. Should an employee fail to enroll, the City is under no
obligation to make retroactive contributions on behalf of said employee. Employees hired into the
bargaining unit shall be provided with notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
Article 22. Employee Life Insurance
A. The City will provide life insurance on the life of each regular, permanent full-time employee and
pay the required premiums. The death benefit of said insurance shall be one hundred percent
(100%) of the employee's base annual salary to the nearest multiple of $1,000, up to a maximum of
$200,000. The City will also provide $1,000 per dependent of dependent life insurance.
B. The City shall also make available, at the employee's option, a supplemental life insurance policy.
The premium of the supplemental policy shall be paid by the employee.
Article 23. Long -Term Disability (LTD) Plan
A. The TPOA-provided Long -Term Disability (LTD) Insurance Plan specifically for sworn police personnel
in effect as of January 1, 2000 shall continue in full force and effect during the term of this
agreement unless changed by the mutual agreement of the City and the Association.
B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund.
C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during
the initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days.
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 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.
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 (General Leave or Compensatory Time Off) to enable him/her to receive an amount
equivalent to no more than 100% of his/her pre -disability earnings.
D. Provided an employee is eligible for FMLA/CFRA leave, Flexible Benefits will be continued for ninety
(90) days of a disability leave and such time will be counted towards satisfying Federal Family
Medical Leave Act (FMLA) and California Family Rights Act (CFRA) requirements.
E. Eligibility for City benefits provided in parts C and D of this Article is conditioned upon the City's
receipt of proof of disability.
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F. Police Recruits shall participate in the City's Short -Term / Long -Term Disability (STD/LTD) plan under
the same terms, conditions and cost as those employees in the general employee bargaining unit
(TM EA).
Article 24. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of
benefit to the employee and to the City. Full-time employees will be eligible for reimbursement by the
City of tuition for professional technical courses subject to the following conditions:
1. Department head and Director of Human Resources approval must be obtained before
enrollment in the course.
2. Reimbursement shall be made for tuition fees, textbooks, lab fees, or required supplies, upon
completion of the course with a satisfactory grade and after the completion of the initial
probationary period as a Police Officer. 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 course.
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 25. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $350 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).
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TPOA MOU 2015-18
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 26. 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. Once per fiscal year, each regular and promotional probationary employee may request that he/she
be paid for a maximum of forty (40) hours of accrued General Leave. Requests for cash out must be
received no later than two weeks prior to the paycheck date when the cash out is requested. The
right to cash out 40 hours of accrued General Leave discussed herein is separate and apart from the
cash out of hours from the Excess General Leave Bank ("EGLB") discussed below. 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 through 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
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
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C. The additional hours may be cashed out at the same time as the initial 40 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).
D. Each employee is responsible for managing his/her General Leave bank. Employees wishing to stay
below the General Leave cap are encouraged to regularly monitor their leave accrual balances that
are provided on each biweekly paycheck, provide the department with as much advance notice as
possible when requesting to use General Leave for time off, be flexible when requesting to take time
off during periods of heavy usage or staffing shortages, and take advantage of the General Leave
cash out program.
The department will not unreasonably deny an employee's request to use General Leave.
Supervisors will be fair and reasonable in reviewing employee requests to use General Leave and
will balance the wishes of the employee with the operational and safety needs of the department
and the efficient use of the City's resources.
If an employee requests to take time off using General Leave and has not fully used the General
Leave cash out program, the fact that an employee is at his/her General Leave accrual cap shall not
be cause for the department to automatically grant the employee's request to use General Leave.
E. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Should an employee request to use General Leave in accordance with department
procedures and be denied the use of leave which will result in the employee reaching his/her
maximum accrual cap, the Director of Human Resources will be notified to facilitate an agreeable
remedy for both parties.
F. Upon separation from the City service the employee will be paid for unused General Leave, at the
employee's then current base salary rate.
G. 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 EGLB wish to cash out General Leave
pursuant to Article 26.13, the hours to be cashed out must first be taken from the EGLB.
H. 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.
Advanced General Leave is available under the following provisions:
a. A unit member requests a leave of absence for a "serious health condition" as that term is
defined under the FMLA/CFRA for him or herself, a child, parent, spouse or registered
domestic partner; and
b. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave
accrued; and
c. The employee exhausts his/her General Leave accrual; then
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TPOA MOU 2015-18
d. Upon request of the employee, the City will grant an advance of one -hundred twenty (120)
hours of General Leave for use in conjunction with the serious health condition (as defined
above).
The Advanced General Leave must be repaid to the City once an employee returns to work. Advanced
General Leave will be repaid by transferring newly accrued General Leave back to the City until full
repayment of the leave has been returned. However, should an employee request and receive
Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic
leave donation bank to the City prior to providing the employee use of the donated hours.
Article 27. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, employees may elect the option of accruing
Compensatory Time Off at the rate of time and one-half (1%), subject to a maximum accrual of forty
(40) hours.
B. The time during which an employee may take Compensatory Time Off shall be subject to approval
by the Police Chief or designee with due regard for the wishes of the employee and for needs of the
service. However, 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 two calendar
weeks. 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 without reasonable notice may still be granted within the discretion of the supervisor or
manager responsible for considering the request.
C. Upon separation from City service, an employee shall be compensated for all accrued Compensatory
Time Off at his/her regular rate of pay.
Article 28. Holidays
A. The following Holidays are observed by the City:
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
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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
TPOA MOU 2015-18
B. Except as otherwise provided, when a Holiday occurs on a Sunday, the following Monday will be
observed instead and when a Holiday occurs on a Saturday, the preceding Friday will be observed
instead.
C. For the designated Holidays, employees are eligible for nine (9) hours of paid time off for each full
day. Unless operational needs, as determined by the Police Chief, require that the time off be taken
at some other date, the time off will be taken on the scheduled Holiday. If the Holiday hours paid on
a Holiday or substituted day off are less than the employee's regularly scheduled hours the
employee may use accrued Compensatory Time Off or General Leave to ensure that hours paid will
be the same as would regularly be paid for the day.
D. In December of each year, each regular and promotional probationary employee will be granted
Advance Holiday Pay, a cash out of his/her Holiday credit for the following year in lieu of having time
off. The employee must have General Leave accrued in an amount equivalent to the Holiday cash
out requested to be eligible for full payment of the 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 two
installments, forty-five (45) hours in January (January — September Holidays) and fifty-four (54)
hours in October (October— December Holidays) of each year.
In the event that an employee separates from service and has used and/or been paid for Holidays in
excess of the pro -rata earned hours per month, the overage shall be deducted from his/her final
check.
In the event an employee is on unpaid status immediately before or after the 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. Newly hired probationary employees are not eligible for Advance Holiday Pay and will be paid for
each Holiday as it occurs.
F. The parties agree that Holiday Pay is additional compensation 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 and shall, to the extent legally permissible, be reported as special
compensation pursuant to Title 2 CCR, Section 571(a)(5).
Article 29. Bereavement Leave
The City will allow up to fifty (50) hours of paid leave for the purpose of Bereavement Leave in the event
of a death in the employee's immediate family. For purposes of this section, "immediate family" shall be
defined as including the 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. An employee may use less than fifty (50) hours. Bereavement
Leave is intended to allow time for an employee to mourn the loss of a loved one and/or to assist family
members during a time of loss. In the event an extended absence or travel is necessary, the employee
may request to use General Leave to supplement Bereavement Leave.
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Article 30. Military Leave
Upon notice from the Association that a unit employee has been called to Active Duty, the City will,
within 30 calendar days, place on the City Council Agenda a Resolution for consideration that would
provide the affected employee with supplemental salary in the event his/her military pay and associated
dollar stipends and extras is less than he/she would have earned in base pay if the employee had not
been called to Active Duty.
CHAPTER 5 — WORKING CONDITIONS
Article 31. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the 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 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 manner may be considered absence without leave. A deduction of pay may be
made for the duration of any absence without 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 from work without approved leave and without reasonable cause for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. If an employee has a leave of absence without pay in excess of thirty (30) calendar days, continuous
service shall be considered interrupted for purposes of advancement within a salary range. 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. Work Schedules
A. Police Officers work schedules under Section 207(k) of the Fair Labor Standards Act (FLSA).
B. Department work schedules include:
1. The 4/10 work schedule for employees in Special Assignments. In each seven (7) calendar
day period, the employee works four 10 -hour days where the scheduled work shift
commences and ends at the same time each day followed by three (3) consecutive days off.
2. The 3/12.5 work schedule for employees in Patrol. In each seven (7) calendar day period,
the employee works three 12.5 hour days where the scheduled work shift commences and
ends at the same time each day and is followed by four (4) consecutive days off. During the
28 day work cycle, the employee must work one additional 10 -hour shift.
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C. Continuation of the schedule is subject to needs of the department, provided that if the department
desires to discontinue that work schedule, the employee will revert to the 9/80 work schedule or
some other schedule upon mutual agreement of the department and employee.
D. Department employees will select shifts as follows:
1. The City is divided into two separate patrol areas— North and South.
2. Available shifts (which are determined by the Department and are subject to change) will be
designated by the Department by patrol area. Police Officers will select shifts in either the
North or South area twice a year. Police Officers are limited to twenty four (24) consecutive
months on any shift assignment (day shift, cover watch, or graveyard). Based on
departmental needs, a Police Officer may be allowed to extend beyond the twenty four (24)
consecutive month rotation.
3. Based on department needs, shift assignments may be reserved for probationary Police
Officers during the probationary period. The remaining shifts will be selected by patrol area
by seniority.
4. Field Training Officers will be given the opportunity to select shifts by seniority as a full-time
Police Officer with Tustin PD. In the event the voluntary "by seniority' shift selection does
not provide the necessary coverage, the Chief of Police, or designee, may assign Field
Training Officers to shifts that provide necessary coverage. When making mandatory shift
assignments for Field Training Officers, management will make an effort to adhere to the
shift preferences of Field Training Officers.
5. Bilingual Police Officers will be given the opportunity to select shifts by seniority. In the
event the voluntary "by seniority' shift selection does not provide the necessary coverage,
the Chief of Police, or designee, may assign Bilingual Police Officers to shifts that provide
necessary coverage. When making mandatory shift assignments for Bilingual Police Officers,
Management will make an effort to adhere to the shift preferences of Bilingual Police
Officers.
6. If a Police Officer assigned to a Special Assignment returns to patrol, at a time other than at
shift selection, he/she will be assigned to a patrol area and shift based on the staffing needs
of the department.
7. If a Police Officer assigned to a Special Assignment returns to patrol, in conjunction with
shift selection, he/she will be assigned to a patrol area but will participate in the shift
selection process based on seniority.
8. If at the time of shift signups a Police Officer is off work on a medical leave of absence
without a documented return -to -work date from his/her primary treating physician, he/she
will not be permitted to select a shift for the upcoming deployment period. However, if a
Police Officer is off work on a medical leave of absence and has presented the City with a
documented full duty return -to -work date that is no more than 60 days beyond the start of
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TPOA MOU 2015-18
the upcoming deployment period, he/she will be permitted to select a shift at the time of
shift signups.
E. Employees assigned to special task forces or regional teams will work the hours that the team
works.
F. Employees may have their work schedule changed to accommodate training assignments which are
eight (8) or more hours in duration.
Article 33. Shift Trades
Employees in the unit have the right to trade shifts with their colleagues at the same rank 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. They
must fall within the same 28 day work period. 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. For example, if Police Officer A agrees to work the shift for Police Officer B and prior
to the shift, Police Officer A calls in sick and does not work the shift, Police Officer A's General
Leave is deducted and Police Officer B gets credit for the shift.
Article 34. Rest Periods and Lunch Breaks
A. All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4)
hours of their work shift. The scheduling of the rest breaks shall be the responsibility of the
employee's supervisor.
B. 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.
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CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 35. Employee Rights
As the recognized representative of the employees covered by this memorandum of understanding, the
City acknowledges and recognizes the following employee rights:
1. TPOA shall have access to and be provided with payroll deduction of dues, fees, and
assessments without charge through the City's regular payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the posting of notices,
updates, meeting minutes and other material related to TPOA business.
3. TPOA 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.
4. Upon notice and subject to availability, the City shall allow TPOA the use of City facilities
including meeting rooms for TPOA membership, Board of Directors and committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for preparation for and
attendance at meetings with management related to the meet and confer process and labor
relations matters.
6. All bargaining unit members shall have the right to representation by TPOA in processing
grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time
to meet with TPOA representatives for discussion and consultation on grievances and
disciplinary appeals.
7. TPOA 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.
8. All bargaining unit members shall have the right to join and participate in the activities of TPOA
free from interference, intimidation, coercion, or discrimination.
9. TPOA shall have the right to distribute a reasonable amount of association information and
newsletters at the job site.
10. TPOA representatives shall have the right to reasonable use of department telephones and e-
mail for the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable access to the
workplace.
12. TPOA representatives may be granted General Leave or other leave for labor relations training.
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TPOA MOU 2015-18
13. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 36. Third Party Advisory Process for Disciplinary Appeals
A. Disciplinary actions, which may move beyond the department head's decision, include the actions of
termination, suspension, reduction of salary, and demotion. The "third party' advisory process is the
step between the department head's action and the City Manager's final decision. In the
department head's notice of final disciplinary action (which should be served by personal delivery)
shall be a statement which clearly informs the employee that he/she has the right, within ten (10)
working days after receipt of the response, to request the next level of appeal. The day the
employee receives the department head's final notice shall not count as one of the ten (10) days.
B. The employee's request for the next level of appeal must be addressed to the Director of Human
Resources and received in the Human Resources Department so that same is date stamped by the
Human Resources Department with the ten (10) day period.
C. If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless
good cause for the failure is shown, the action of the department head shall be considered
conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee
involved files such notice of appeal by giving written notice of appeal to the Director of Human
Resources, an appeal hearing shall be established as follows:
1. If a single third party hearing officer cannot be agreed upon by the Director of Human
Resources and the employee's representative (or employee alone if unrepresented), the
State Mediation and Conciliation Service shall be requested to submit a list of seven (7)
persons qualified to act as arbiters to the City and employee. Within ten (10) days following
receipt of the list of arbiters, the parties shall meet to select the arbiter. The parties shall
alternately strike one (1) name from the list of arbiters (the right to strike the first name to
be determined by lot) until one (1) name remains, and that person shall be the arbiter.
2. Where practicable, the date for 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 Director of
Human Resources. The parties may stipulate to a longer or shorter period of time in which
to hear the appeal. All interested parties shall be notified in writing of the date, time, and
place of hearing.
3. All hearings shall be private, provided, however, that the arbiter shall, at the request of the
employee, open the hearing to the public.
4. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the
request of either party, not less than five (5) working days, prior to the commencement of
such hearing. After the commencement of such hearing, subpoenas shall be issued only at
the discretion of the arbiter.
5. 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
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TPOA MOU 2015-18
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of
the existence of any common law or statutory rules, which might make improper the
admission of such evidence over objection in civil actions. Hearsay evidence may be used
for the purpose of supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be admissible over objection in civil
actions. The rules of privilege shall be effective to the same extent that they are now or
hereafter may be recognized in civil and criminal actions, and irrelevant and unduly
repetitious evidence shall be excluded. The arbiter shall not be bound by technical rules of
evidence. The arbiter shall rule on the admission or exclusion of evidence.
6. Each party shall have these rights: to be represented by legal counsel or other person of
his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine
opposing witnesses or any matter relevant to the issues even though that matter was not
covered in the direct examination; to impeach any witness regardless of which party first
called him/her to testify; and to rebut the evidence against him/her. If the respondent does
not testify in his/her own behalf, he/she may be called and examined as if under cross-
examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will
be engaged to record the hearing.
7. The hearing shall proceed in the following order, unless the arbiter, for special reason,
otherwise directs:
a. The party imposing discipline shall be permitted to make an opening statement.
b. The appealing party shall then be permitted to make an opening statement.
c. The party imposing disciplinary action shall produce the evidence on his/her part;
the City bears the burden of proof and burden of producing evidence.
d. The party appealing from such disciplinary action may then open his/her defense
and offer his/her evidence in support thereof; the employee bears the burden of
proof and the burden of producing evidence for any affirmative defenses asserted.
e. The parties may then, in order, respectively offer rebutting evidence only, unless the
arbiter for good reason permits them to offer evidence upon their original case.
f. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
8. The arbiter shall determine relevancy, weight, and credibility of testimony and evidence. He/she
shall base his/her findings on the preponderance of evidence. During the examination of a
witness, all other witnesses, except the parties, shall be excluded from the hearing unless the
arbiter, in his/her discretion, for good cause, otherwise directs. No still photographs, moving
pictures, or television pictures shall be taken in the hearing chamber during a hearing. The
arbiter, prior to or during a hearing, may grant a continuance for any reasons he/she believes to
be important to reaching a fair and proper decision. The arbiter shall render his/her judgment
as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days
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TPOA MOU 2015-18
after conducting a hearing. His/her decision shall set forth findings of fact and conclusions. The
opinion shall be advisory only.
9. The arbiter may recommend sustaining or rejecting any or all of the charges filed against the
employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action
invoked against the employee. He/she may not recommend for discipline more severe than
that invoked by the department head.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a copy sent
to the charged employee, and the Director of Human Resources and shall set forth his/her
findings and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's
recommendation, the opinion shall set forth the recommended date the employee is
recommended to be reinstated and/or other recommended action. The reinstatement date, if
appropriate, may be any time on or after the date of disciplinary action.
10. Within thirty (30) days of the receipt of the arbiter's findings and recommendations, and
transcript, whichever date is later, the City Manager shall adopt, amend, modify or reject the
recommended findings, conclusions, and/or opinions of the arbiter. Prior to making a decision,
which modifies or rejects the recommendation of the arbiter, the City Manager shall order and
read the transcript of the Third Party Advisory Process. Prior to making a decision which
supports the arbiter, the City Manager may order and read the subject transcript, at his/her
option, allow limited oral arguments and/or may request and review written statements from
either side. The decision of the City Manager shall be final and conclusive. Copies of the City
Manager's decision, including the arbiter's recommendations(s) shall be filed where
appropriate, including the employee's personnel file, unless no discipline is upheld by the City
Manager. Each party shall bear equally the cost of facilities, fees and expenses of the arbiter,
including the court reporter and transcripts. If the City Manager orders a transcript for his/her
review, the City shall bear the cost of providing the transcript. Each party shall bear its own
witness and attorney fees. If either party unilaterally cancels or postpones a scheduled
arbitration, thereby resulting in a fee charged by the arbiter or court reporter, then the party
responsible for the cancellation or postponement shall be solely responsible for the payment of
that fee. This process shall not apply to mutual settlements by the parties, which result in an
arbitration fee.
11. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City
Manager, the time of such suspension, demotion or dismissal shall be effective from the first
day after such delivery of said decision or shall relate back to be effective as of the date the
employee was suspended from duty pending hearing before and decision by the City Manager,
whichever is applicable. If discipline imposed resulted in loss of pay, the pay loss shall be
restored to the employee based on the number of standard work hours lost computed at
his/her then base hourly rate. The provision of Section 1094.6 of the Code of Civil Procedure
shall be applicable to proceedings under this Article.
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TPOA MOU 2015-18
Article 37. Rules of Evidence and Procedure for Employees Removed from Special Assignments
Any Police Officer removed from a Specialty Pay position for non -disciplinary reasons may file a written
appeal with the City Manager within 10 days of receiving notice of removal, in accordance with the
following:
1. Hearings shall be conducted by the City Manager or his/ her designee.
2. The question to be decided is whether the City abused its discretion in removing the Police
Officer from the Specialty Pay position.
3. Formal rules of evidence and procedure that may be applicable in a court of law shall not apply
to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of
evidence that responsible persons are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any judicial rule which might have made improper the admission
of such evidence over objection in civil actions. Hearsay evidence may be admitted for the
purpose of supplementing or explaining any direct evidence but shall not be sufficient by itself
to support a finding unless it would be admissible over objection in civil actions. The rules of
privilege shall be applicable to the same extent that they are recognized in civil actions.
4. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-
examine opposing witnesses. If the employee does not testify his or her own behalf, the
employee may be called and examined as if under cross-examination.
5. Testimony shall be recorded by means of either a tape recording or certified court reporter.
6. Witness shall be sworn unless both parties stipulate otherwise.
7. Written declarations made under penalty of perjury shall be admissible, provided, however, that
declarants shall be made available for testimony at the request of the party against whom the
declaration is offered.
8. The Police Officer appealing the removal from the Specialty Pay position has the burden of
proof. The standard of proof is a preponderance of the evidence. The City shall present its case
first. During the presentation of the City's case, the officer shall have the right to cross-examine
any witness called to testify by the City. During the presentation of the officer's case, the City
shall have the right to cross-examine any witness called by the employee to testify.
9. Both parties shall have the right to counsel. Employee may be represented by the applicable
employee organization representative.
10. Both parties shall have the right to present an opening argument prior to the presentation of
any evidence and a closing argument after the presentation of all evidence.
11. The City Manager, or his/her designee, shall decide all questions of procedure and evidence.
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TPOA MOU 2015-18
12. The City Manager, or his/her designee, shall issue a written decision within 30 days of 1) the
conclusion of the hearing, or 2) the receipt of post -hearing briefs if such briefs are requested by
the City Manager or his/her designee.
13. The decision of the City Manager shall be final and binding. If the City Manager chooses to
designate a hearing officer, that hearing officer will make a recommendation based on written
findings to the City Manager, whose decision shall be final and binding.
14. Any objection to the City Manager, or his/her designee, on the grounds of bias, must be made in
writing, stating the reasons therefore, by delivering of the writing to the City Manager no later
than five (5) days prior to the date of the hearing.
Article 38. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written
rebuttal attached to a performance evaluation with which the employee disagrees.
Article 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.
Article 40. Management Rights
Except as otherwise specifically provided for in State and/or Federal laws, and this Agreement, the City
reserves and retains and is vested with all rights of management which have not been expressly
abridged by specific provisions of this Agreement or by law to manage the City. This shall include, but is
not limited to:
1. 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. In the event of such suspension of the Agreement, when the emergency is over,
management will immediately initiate the meet and confer process over replacement of any
salary, benefit, or working conditions lost by unit employees as a result of the suspension of this
Agreement.
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2. The right to determine staffing and direct the work force, including the right to hire, promote,
demote, evaluate, transfer, layoff, or discharge for just cause any employee.
3. The right to contract or sub -contract services and/or work.
4. 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.
5. The right to modify the performance evaluation form.
6. The right to modify and update class specifications.
Article 41. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
IN WITNESS WHEREOF, the parties hereto have executed this document this 215' 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 J. Brown, Liebert Cassidy Whitmore
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FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE OFFICER
REPRESENTATION UNIT
Thomas Lomeli, President
Matthew Roque, Vice President
David Welde, Treasurer
Ronnie Sandoval, Secretary
Robert M. Todd, Stone Busailah, LLP
TPOA 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
Police Officer
$6,043.19
$6,352.64
$6,677.92
$7,019.87
$7,379.33
$7,756.61
Police Recruit
$4,478.58
N/A
N/A
N/A
N/A
N/A
Effective the pay period that includes July 1, 2016
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Police Officer
$6,254.70
$6,574.98
$6,911.65
$7,265.57
$7,637.61
$8,028.09
Police Recruit
$4,635.33
N/A
N/A
N/A
N/A
N/A
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