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HomeMy WebLinkAboutCC 10 TMEA MOU AMEND 04-05-93"SENT CALENDAR N0. 10 -93 'DATE:MAR CH 31, 1993 Inter -Com �- TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: WILLIAM A. HUSTON, CITY MANAGER SUBJECT: AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION RECOMMENDATION: That the City Council authorize the City Manager to sign the attached amendment to the Memorandum of Understanding (MOU) between the City and the Tustin Municipal Employees Association (TMEA). FISCAL IMPACT• Any fiscal impact associated with the amendment to the MOU would be a matter decided by the City Council through the annual budget process. The amendment itself does not have a fiscal impact. DISCUSSION• The City and TMEA had agreed to discuss the layoff policy after agreement had been reached on all other matters covered by the MOU approved by the City Council earlier this year. The proposed amendment to the MOU sets forth the process to be followed in the event the City finds it necessary to initiate layoffs. TMEA and the City's representatives have agreed upon a procedure as set forth in the proposed amendment. Any final decision concerning layoffs would be made by the City Council. The MOU establishes the administrative process to be utilized in the event the City Council made a policy decision that layoffs are necessary for financial or service level reasons. AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR PERIOD 1-1-93 TO 12-31-93 CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION In accordance with provisions of the California Government Code Sections 3500 et.seq. and Section 17 of the Personnel Rules and Regulations of the City of Tustin, City representatives have met and conferred in good faith with representatives of the Tustin Municipal Employees Association amendments to City Resolution #88-103. These meetings have resulted in an pertaining to certain end to the City Council that the Memorandum of understanding and this agreement to recomm Understanding, City of Tustin and Tustin Municipal Employees Association for the period January 1, 1993 through December 31, 1993 be amended to effect changes in Resolution #88-103 as incorporated in the attached "Proposed Amendment to Personnel Rules, Reduction-in-Force/Layoffs". IN WITNESS WHEREOF, the parties hereto have executed this document this — day of CITY OF TUSTIN BY WILLIAM A. HUSTON City Manager TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Ry TMEA-LOF.AMN PROPOSED AMENDMENT TO PERSONNEL RULES REDUCTION-IN-FORCE/LAYOFFS SECTION REDUCTION-IN-FORCE/LAYOFFS A. Authority. 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. Reduction -in -Force. When it becomes necessary to reduce the work force the City Manager shall designate the position(s) or classification, division, department, or other organizational unit in which positions are to be eliminated. Contract 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 upon their promotion. At least two weeks notice shall be given to any employee who is to be laid off. C. Order of Layoff. The order of layoff of regular employees shall be made in accordance with a system which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: (1) The employee's performance record with primary weight given to the employee's most recent performance evaluation, except when an employee has less than one year seniority with the City; in which case only seniority will be used. (2) Seniority; (a) in the City service, (b) in the classification, (c) in the department. Seniority is service time beginning with the employee's date of appointment to a permanent position. Seniority shall continue to accrue during periods of vacation, sick leave, layoff not exceeding eighteen (18) months, any authorized leave of absence of less than thirty (30) days, or any call to military service for the duration of the call to duty. Seniority shall not accrue during any other break in service. D. Reassignment/Transfer. An employee who would otherwise be laid off for failure to accept a reassignment or transfer may terminate and be placed on the Reemployment List. An employee who chooses to terminate and have his/her name placed ou the Reemployment List shall notify the department in writing of his/her decision at least three (3) working days prior to the effective date of the proposed reassignment or transfer. Such termination shall be on the same date as the reassignment or transfer would have been effective. E. Bumpin Rights ights. Any employee subject to layoff who has held regular status in a lower classification within the same job family of his/her class may request placement in such class. If such request is made, an Order of Layoff list consisting of the names of employees in the requested class and the employee requesting placement will be prepared and used in effecting a layoff consistent with provisions of this section. 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. Continuation of Benefits. Employees who are laid off shall have their medical insurance benefits continued to the end of the second month following the date of their layoff if they are not covered by another medical plan at the time. G. Reemployment List. The name of every regular employee who is laid off, transfers, or elects to demote to a formerly held classification in the same department for longer than one pay period due to a Reduction -in -Force, shall be placed on a Reemployment List. Names may be removed from a Reemployment 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 a permanent full-time position in a department other than that from which the employee was laid off. (3) Failure to respond within 14 calendar days of mailing of a certified letter regarding availability of employment. (4) Failure to report to work within 14 calendar days of mailing a certified letter containing a notice of reemployment, absent mitigating circumstances. (5) Individual requests in writing that his/her name be removed from the list. H. Reemployment (1) Unless exceptional circumstances occur, of which the concerned individual shall be fully apprised in advance, vacancies to be filled within a department shall be offered, first in order of performance to individuals on the Reemployment List who at the time of the Reduction -in -Force, held a position in the same classification within the department as the vacancy to be filled. (2) A regular employee who has been laid off or terminates in lieu of reassignment or transfer and is reemployed in a permanent position within eighteen (18) months from the date of his/her layoff or termination shall be entitled to: (a) Buy back and thereby restore all general leave credited to the employee's account on the date of layoff or termination 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. (b) Restoration of seniority accrued prior to and accrued during layoff. (c) Credit for all service prior to layoff for the purpose of determining the rate of accrual of general leave. (d) Placement in the salary range as if the employee had been on a leave of absence without pay if he/she is reinstated to the same job classification in the same department from which he/she was laid off or terminated. (3) If the person who is reemployed has not satisfactorily completed the required probationary period in the department of appointment he/she shall serve a probationary period. LAYOFF.P3 3