HomeMy WebLinkAbout13 SIDE LETTERS FOR TMEA AND TPSSAAgenda Item 13
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AGENDA REPORT City Manager
Finance Director eN1
MEETING DATE: AUGUST 4, 2015
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: SIDE LETTERS TO THE MEMORANDA OF UNDERSTANDING WITH THE
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION AND THE TUSTIN
MUNICIPAL EMPLOYEES ASSOCIATION
SUMMARY
Adoption of the attached Resolutions and Side Letters to the Memoranda of
Understanding (MOU) will authorize terms and conditions of employment for employees
in classifications represented by the Tustin Police Support Services Association
(TPSSA) and the Tustin Municipal Employees Association (TMEA) in accordance with
City Council direction.
RECOMMENDATION
It is recommended that the City Council adopt the following resolutions:
1. Resolution No. 15-48 amending the City's Classification and Compensation
Plans and approving the Side Letter to the Memorandum of Understanding with
TPSSA for the period of July 1, 2015 through June 30, 2018; and
2. Resolution No. 15-49 amending the City's Classification and Compensation
Plans and approving a Memorandum of Understanding with TMEA for the period
of July 1, 2015 through June 30, 2018.
FISCAL IMPACT
The terms of these two agreements will result in an additional cost of approximately
$95,189 over the three-year term of the agreements.
BACKGROUND AND DISCUSSION
The City of Tustin ("City") previously agreed to a memorandum of understanding (MOU)
for the period July 1, 2015 through June 30, 2018 with the Tustin Police Support
Services Association (TPSSA) and a memorandum of understanding (MOU) for the
period July 1, 2015 through June 30, 2018 with the Tustin Municipal Employees
City Council Agenda Report
August 4, 2015
Side Letters to the MOU with TPSSA and TMEA
Page 2
Association (TMEA). The parties subsequently negotiated over certain changes to the
City of Tustin's Personnel Rules subject to the meet and confer process. In exchange
for numerous agreements on revisions to the Personnel Rules, the City agreed to
provide employees represented by both TPSSA and TMEA with an enhanced lump sum
payment in the third year of the agreement and additional cash out of General Leave
during the term of the agreement.
Specifically, the City agreed to enhance the one-time lump sum payment effective July
1, 2017 from the equivalent of 4% of each group's average base salary to the equivalent
of 5% of each group's average base salary. In addition, the City agreed to increase the
additional opportunity to voluntarily cash out accrued General Leave from 37 to 58
hours once each fiscal year during the term of the agreement to 40 to 60 hours once
each fiscal year during the term of the agreement.
In
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Derick YasucFa
Director of Human Resources
Attachments:
1. City Council Resolution No. 15-48
2. Side Letter to the MOU between the City and TPSSA for July 1, 2015 through
June 30, 2018
3. City Council Resolution No. 15-49
4. Side Letter to the MOU between the City and TMEA for July 1, 2015 through
June 30, 2018
RESOLUTION NO. 15-48
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 SIDE LETTER TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT
SERVICES ASSOCIATION, CONCERNING WAGES,
HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Support Services Association
(TPSSA) have met and conferred in good faith in accordance with the requirements of
the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPSSA previously reached agreement on wages,
hours, and terms and conditions of employment effective July 1, 2015 through June 30,
2018, as set forth in a Memorandum of Understanding; and
WHEREAS, the parties negotiated over certain changes to the City's Personnel
Rules subject to the meet and confer process and in exchange for numerous
agreements the City agreed to modify wages, hours, and terms and conditions of
employment effective July 1, 2015 through June 30, 2018, as more particularly set forth
in the attached Side Letter to the Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Side Letter to the Memorandum of Understanding between the City and
TPSSA, effective July 1, 2015, is hereby approved and incorporated herein by
reference as though fully set forth herein and staff is authorized to amend the
City's Classification and Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2015, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
Resolution 15-48
Page 1 of 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 4th day of August 2015.
CHARLES E. PUCKETT
Mayor
ATTEST:
JEFFREY C. PARKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN 1
I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 15-48 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of
August 2015, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 15-48
Page 2 of 2
SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
TERM: July 1, 2015 to June 30, 2018
The City of Tustin ("City') and the Tustin Police Support Services Association (TPSSA) previously agreed
to a memorandum of understanding (MOU) for the period July 1, 2015 through June 30, 2018. The
parties subsequently negotiated over certain changes to the City of Tustin's Personnel Rules subject to
the meet and confer process. In exchange for numerous agreements on revisions to the Personnel Rules,
the City agreed to provide employees represented by TPSSA with an enhanced lump sum payment in the
third year of the agreement and additional cash out of General Leave during the term of the agreement.
Accordingly, Article 9.F of the MOU shall be modified such that it reads, in its entirety, as follows:
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 three
thousand, three hundred and ninety-seven dollars ($3,397.00). 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 CaIPERS for purposes of retirement.
In addition, Article 25.D of the MOU shall be modified such that it reads, in its entirety, as follows:
Once per fiscal year, each regular and promotional probationary employee may request to be paid
for a maximum of twenty (20) hours of accrued General Leave. General Leave Cash Out will be
granted once per fiscal year per employee. For all three years of the term of this MOU (July 1, 2015
through June 30, 2016, July 1, 2016 through June 30, 2017 and July 1, 2017 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
The additional hours may be cashed out at the same time as the initial 20 hours or at one additional
time during each fiscal year. Additionally, any of the GL cash -out may be directed to the employee's
deferred compensation account up to the statutory limits for deferred compensation (in 2015, the
statutory limits are $18,000 per year, with a catch-up limit of $36,000).
FOR THE CITY OF TUSTIN FOR THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
Derick Yasuda, Director of Human Resources Jamie Newton, OCEA
Date
Date
RESOLUTION NO. 15-49
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 SIDE LETTER TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF TUSTIN AND THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION, CONCERNING WAGES,
HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 10-94, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 10-94 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Municipal Employees Association (TMEA)
have met and conferred in good faith in accordance with the requirements of the
Meyers-Milias-Brown Act; and
WHEREAS, the City and TMEA previously reached agreement on wages, hours,
and terms and conditions of employment effective July 1, 2015 through June 30, 2018,
as set forth in a Memorandum of Understanding; and
WHEREAS, the parties negotiated over certain changes to the City's Personnel
Rules subject to the meet and confer process and in exchange for numerous
agreements the City agreed to modify wages, hours, and terms and conditions of
employment effective July 1, 2015 through June 30, 2018, as more particularly set forth
in the attached Side Letter to the Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
I. The Side Letter to the Memorandum of Understanding between the City and
TMEA, effective July 1, 2015, is hereby approved and incorporated herein by
reference as though fully set forth herein and staff is authorized to amend the
City's Classification and Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2015, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
Resolution 15-49
Page 1 of 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 4t' day of August 2015.
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. 15-49 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of
August 2015, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk
Resolution 15-49
Page 2 of 2
SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
TERM: July 1, 2015 to June 30, 2018
The City of Tustin ("City') and the Tustin Municipal Employees Association (TMEA) previously agreed to
a memorandum of understanding (MOU) for the period July 1, 2015 through June 30, 2018. The parties
subsequently negotiated over certain changes to the City of Tustin's Personnel Rules subject to the meet
and confer process. In exchange for numerous agreements on revisions to the Personnel Rules, the City
agreed to provide employees represented by TMEA with an enhanced lump sum payment in the third
year of the agreement and additional cash out of General Leave during the term of the agreement.
Accordingly, Article 12.E of the MOU shall be modified such that it reads, in its entirety, as follows:
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 three
thousand, two hundred and eighty-one dollars ($3,281.00). 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.
In addition, Article 28.D of the MOU shall be modified such that it reads, in its entirety, as follows:
Once per fiscal year, each regular and promotional probationary employee may request to be paid
for a maximum of twenty (20) hours of accrued General Leave. General Leave Cash Out will be
granted once per fiscal year per employee. For all three years of the term of this MOU (July 1, 2015
through June 30, 2016, July 1, 2016 through June 30, 2017 and July 1, 2017 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
The additional hours may be cashed out at the same time as the initial 20 hours or at one additional
time during each fiscal year. Additionally, any of the GL cash -out may be directed to the employee's
deferred compensation account up to the statutory limits for deferred compensation (in 2015, the
statutory limits are $18,000 per year, with a catch-up limit of $36,000).
FOR THE CITY OF TUSTIN FOR THE TUSTIN MUNICIPAL EMPLOYEES
ASSOCIATION
Derick Yasuda, Director of Human Resources Jamie Newton, OCEA
Date
Date