HomeMy WebLinkAbout19 MOU TPOA MGMNT 02-22-94NO. 19
2-22-94
DATE:
FEBRUARY 16, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PERSONNEL SERVICES
APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN
pOL!CE OF-F!CERS-A~~T!ON - MANAGEMEI~T-UNIT
RECOMMENDATION:
That the City Council authorize the City Manager to sign and execute the attached Memorandum
of Understanding (MOU) with the Police Management Unit of the Tustin Police Officers
Association.
FISCAL IMPACT:
The cost of the 3 percent increase scheduled for January 1, 1994, is approximately $29,895.
Since additional increases scheduled for January 1, 1995, and January 1, 1996, are based on the
Consumer Price Index, the cost for 1995, could range from $30,763 to $44,400. The cost of
an increase for 1996 could range from $31,686 to $46,323. The cost of a one-half percent
increase in deferred compensation will be approximately $4,983 for the 1996 calendar year. The
cost of the fifty dollar increase in the City's contribution for retiree medical insurance through
the Public Employees Retirement System would depend on how many employees retire. The
total cost for the 1994 calendar year is approximately $31,695.
DISCUSSION:
Representatives from the Management Unit met with City staff to meet and confer on changes
to the MOU which expired on December 31, 1993. The new MOU is a three year agreement
expiring on December 31, 1996. Beyond January 1, 1995, increases to the salary schedule are
based on changes in the Consumer Price Index. Flexibility has been built into the MOU to
allow for safeguards against unforeseen circumstances which may affect City revenues and for
employees with regard to high levels of inflation in the economy.
MEMO TO CITY MANAGER BILL HUSTON
RE: MANAGEMENT UNIT, TPOA
This three year agreement will allow the City stability in our employee-employer relations
matters with this group, the ability to predict salary increases for budget purposes, and assuming
a re-opening situation does not occur, save time and the cost of consulting services during the
life of the MOU.
Bettie Correa
Senior Personnel Analyst
BMC2: MGMTCNC.Rlrl'
MEMORANDUM OF UNDERSTANDING
TUSTIN POLICE MANAGEMENT UNIT
TUSTIN POLICE OFFICERS' ASSOCIATION
AND
CITY OF TUSTIN
TERM: JANUARY 1, 1994 TO DECEMBER 31, 1996
MEMORA~'DUM OF UNDERSTANDING
POLICE MANAGEMENT REPRESENTATION UNIT
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS' ASSOCIATION
WHEREAS, in accordance with the provisions of the California
Government Code Sections 3500 et.seq, and Section 17 of the
Personnel Rules and Regulations of the City of Tustin, City
representatives have met and conferred in good faith with the
Tustin Police Officers' Association pertaining to the wages, hours,
benefits and conditions of employment for employees in the Police
Management Representation Unit; and
WHEREAS, the meeting between the Association and City
representatives has resulted in an agreement and understanding to
recommend that the employees represented by the AssociatiOn accept
all of the terms and conditions as set forth herein and that the
City representatives recommend to the City Council that it adopt by
resolution or resolutions %he changes and additions to the wages,
hours and conditions of employment for the police management
employees as set forth herein.
W I T NE S SETH
Article 1. Recognition. The City has previously recognized the
Tustin Police Officers' Association as the majority representative
of employees in the Police Management Representation Unit for
purposes of representation on issues of wages, hours and other
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 Management Representation
Unit whether or not they are individually members of the Tustin
Police Officers' Associaticn. The Classifications constituting the
Police Management Represen5ation Unit are:
Police Lieutenant
Police Sergeant
Article 2. Salary
Effective on January 1, 1994 a general salary increase of 3% will
be implemented for all classes. Subject to provisions outlined in
this Article, effective January 1, 1995 a general salary increase
equivalent to the percen%age increase in the CPI, All Urban
Consumers, Los Angeles-Anaheim-Riverside, Year ending November 1994
will be implemented for ail classes, provided that said salary
increase shall not be less %han 3%. If the CPI is over 3% but less
than 5%, a 3% salary increase plus two thirds of the percentage
difference between 3% and %he actual CPI percentage increase will
be granted provided that the total salary increase shall not exceed
4.34%. Effective January 1, 1996 a general salary increase
equivalent to the percentage increase in the CPI, All Urban
Consumers, Los Angeles-Anaheim-Riverside, Year ending November 1995
will be implemented for all classes, provided that said salary
increase shall not be less than 3%. If the CPI is over 3% but less
than 5%, a 3% salary increase plus two thirds of the percentage
difference between 3% and the actual CPI percentage increase will
be granted provided that the total salary increase shall not exceed
4.34%.
If projected City revenues for fiscal year 1994-95 or 1995-96 are
insufficient to maintain services at the same levels of the
preceding fiscal year or events beyond control of the City impose
significant costs or income reductions, at the option of the City,
the general increases will not be implemented. Should this occur,
the Association may declare this Agreement terminated and the meet
and confer process shall be reopened for purposes of developing a
new agreement.
If the average percentage salary increase granted in 1995 to police
management employees in the 9 survey cities used by the City of
Tustin exceeds the general salary increase granted by the City in
1995, upon request of the Association, the meet and confer process
will be reopened to discuss the general increase(s) only.
If, during the term of this MOU, the TPOA Officers Unit receives a
salary and/or benefit increase that causes salary and benefit
alignment for Sergeant to be less than twenty percent (20) higher
than Police Officer, or Lieutenant to be less than fifteen percent
higher than Sergeant, upon request of the Association, the meet and
confer process will be reopened to discuss the alignment
differentials.
It is understood that notwithstanding the effective dates of the
salary increases referenced above, increases are implemented on the
beginning of the pay period closest to the effective dates.
Article 3. Retirement Plan. The City shall continue to "pick up"
and pay on behalf of each employee the employee's required
contribution to the Public Employees Retirement Syst%m (PERS) in --
the amount equal to nine percent (9%) of the employee's
"compensation earnable".
Employees serving in a Classification covered by this Agreement
shall have a vested right to receive all of the retirement benefits
entitled them as of the effective date of this M.O.U.
Article 4. Retirement Survivor's Benefit. The City shall provide
the 1959 Survivors Benefit option of the Public Employees
Retirement System for employees, at employee cost. If there is no
cost to the City, the City's contract with the PERS will be amended
to provide for the Fourth Level of 1959 Survivor Benefit.
Article 5. Paid Leave.
A. General Leave
i ·
Each employee accrues general leave in accordance with
the following:
Years of Service
General Leave Hours Per Year
0-5 168,
6-10 208
Over 10 248
* 160 hours for employees hired after ~^ ~^~-.^ ~
...... - ................................ 9- October 1, .
.
The Police Chief may annually grant an additional eight
(S) hours of general leave to each employee whose work
performance is satisfactory.
·
Subject to the availability of funds and guidelines
established by the City Manager, employees may be paid
for a maximum of forty (40) hours of general leave,
eighty (80) hours if the employee has six (6) or more
years of City service.
Be
Administrative Leave
.
Employees shall receive an annual credit of forty (40) hours
of administrative leave which may be used only as paid time
off during the year in which it is credited. Subject to
guidelines established by the City Manager, the Police Chief
may grant uP to an additional forty (40) hours.
C. Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
November 11 Veteran's Day
Thursday in November designated
as Thanksgiving Day Thanksgiving Day
Day after Thanksgiving Day Day after Thanksgiving Day
Afternoon before the Christmas
Day Holiday Christmas Holiday Eve
December 25 Christmas Day
Afternoon before the New Year's
Day Holiday New Year's Holiday Eve
When a holiday occurs on a Sunday, the following Monday will
be observed instead. When a holiday occurs on a Saturday, the
preceding Friday will be observed instead.
For the designated holidays, employees are eligible for eight
(8) hours of paid time off for each full day and four (4)
hours for each of the two (2) afternoon holidays. Unless
operational needs, as determined by the Police Chief, require
that the time be taken at some other date the time off will be
taken on the scheduled holiday.
If the holiday hours paid on a holiday or substituted day off
are less than the employee's regularly scheduled hours the
employee may use accrued compensatory time or general leave to
ensure that hours paid will be the same as would regularly be
paid for the day.
On December 1' of each year, an employee may designate any
portion of his holiday credit for the following year which he.
would like to be paid for in lieu of having time off. This
notification shall be in writing and is irrevocable. Payment
for the holiday time sha21 be made in January 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 employee shall reimburse the City
for the overage.
For each designated holiday not cashed out the employee will
receive General Leave at 5he rate of eight (8) hours for each
full holiday and four (4) hours for each half holiday.
D. Bereavement Leave
The City shall allow up ~o three (3) days with pay for the
purpose of bereavement leave in the event of a death in the
employee's immediate family. "Immediate Family" shall be
defined as including the spouse, mother, fath%r, brother, --
sister, child, grandparen%, and grandchild of the employee or
the employee's spouse.
Article 6. Uniform Allowance. Employees will be paid a uniform
allowance of $325.00 per year. Special motor officer gear and
officer public safety leather gear required by the department will
be provided.
Article 7. Standby Duty. Po2ice Sergeants shall be compensated
for standby duty at the rate of two (2) hours straight time for
each eight (8) hours required, including holidays. Standby duty
for scheduled court appearances on behalf of the City shall be
compensated at a rate of two (2) hours straight time for morning
(a.m. hours) appearances and one (1) hour straight time for
afternoon (p.m. hours) appearances.
Article 8. Call-Back Duty. In addition to standby compensation,
if any, Police Sergeants shall receive a minimum of two (2) hours
overtime paid at a time and one-half rate for .any call which
required them to return to duty.
:~:~.~:~i~i~:::~:i:~::i:i:i:i:i:i~:~:~:::i::::~i~i~:~i~i~i:i:!:i:i:i:~:~:::i:i:::i:i:~i ........ ~:~i~:~:~:i .......... ~:~:~:~:~:~:::::::i:i::~:~:~gram or
vehicle currently offered by the City. It is the responsibility of
employees to complete the necessary paperwork and take required
steps to enroll in the program. Should employees fail to enroll,
the City is under no obligation to make retroactive contributions
on behalf of said employee or employees. Employees hired into the
representation unit shall be provided with a notification of the
deferred compensation program, including the amount of employer
contributions, during employee orientation.
Article 10. Court Pay Provisions. Police Sergeants shall be paid
at a time and one-half rate for time spent in required court
appearances involving City business that occur during the
Sergeant's off-duty hours. A minimum of two (2) hours of such
compensation will be paid for court appearances scheduled in the
morning (a.m. hours) and/or two (2) hours for court appearances
scheduled in the afternoon (p.m. hours).
Article ll. Overtime Compensation. The City shall pay Police
Sergeants time and one-half for all approved overtime hours worked
in excess of; (1) regularly scheduled hours per shift; (2) hours
worked on a day the-employee is not regularly scheduled to work; or
(3) hours worked in excess of the prescribed hours during the
applicable work cycle, (i.e. (a) 40 hours in a 7-day work cycle for
employees on the 4/10 work schedule; (b) 160 hours in a 28-day
cycle for employees on the 3/12.5 work schedule; and (c) 80 hours
in a 14-day work cycle for employees on the 9/80 work schedule).
General leave, compensatory time and holiday hours paid shall be
counted as hours worked in these calculations. -
In lieu of receiving cash payment for overtime, the employee may
elect to be credited with compensatory time at the rate of time and
a half, subject to a maximum accrual of forty (40) hours.
The time during which an employee may take compensatory time shall
be subject to approval by the appointing authority or designee with
due regard for the wishes of the employee and for needs of the
service. Should this provision be found invalid by an arbitrator,
court of competent jurisdiction or the Department of Labor, the
accrual of compensatory time shall cease and all accrued
compensatory time shall be paid at the employee's .current straight
.time rate.
Upon separation from City service, an employee shall be compensated
for all accrued compensatory time of forty (40) hours or less at
his/her straight time hourly base rate.
Article 12. Employee Life Insurance. The City will provide life
insurance on the life of each regular, permanent full-time,
employee and pay the premiums thereof. The death benefit of said
insurance shall be one hundred percent (100%) of the employee's
base annual salary to the nearest multiple of $1,000.00. The City
shall also make available, at the employee's option, a supplemental
life insurance policy, the death benefit of which shall b.e
$18,000.00. The premium of said supplemental policy shall be paid
by the employee.
Article 13~ Medical and Dental Insurance. After thirty (30) days
of employment, each employee will be eligible for a City payment of
premiums for employee selected medical insurance under the Public
Employees' Medical and Hospital Care Program and dental insurance
under plans offered through the City. Employees who do'not choose
to participate in the insurance programs shall be paid $120.00 per
month. As a condition of receiving such amount, the employee must
provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the
City program.
Article 14. Section 125 Program. A Section 125 Program will be
implemented on or before January 1, 1994 and include such options
as may be available. The Program shall be administered through
Colonial Life provided that the City retains the right to change
administrators for cause. Participation in the Program is
voluntary and such costs as may attend participation are to be paid
by the employee.
Article 15. Retiree's Health Insurance. The City will contribute
a maximum of $150.00 per month towards the payment of medical
insurance premiums for employees who retire from the City of Tustin
after October 1, 1993; $200.00 for employees who retire after
January 1, 1994. Such contribution is supplemental t~ the $16.00
per month City contribution to be made for eligible retirees under
the Public Employees' Medical and Hospital Care Act Program and
subject to the same conditions applicable to the PERS City
contribution.
Article 16. Lonq-Term Disability (LTD) Plan
a~
Attachment "A" is a master policy for an employee Long-Term
Disability Insurance Plan. This policy contains the primary
components of a plan to be offered employees by the Canada
Life Assurance Company as soon as possible but not later than
January 1, 1994. Parties to this M.O.U. are in agreement with
the master policy but retain the right to meet and confer on
any provisions of the final Policy which are considered
inconsistent with the intent of the parties.
Be
Ce
The "Bank of Hours" program referenced in the Long-Term
Disability Plan, adopted by reference to Attachment "A" in the
current M.O.U., will be abolished upon the effective date of
the Plan in A. above. Hours in the bank will be distributed
equally to the general leave accounts of employees, provided
that if such distribution results in the employee's account
exceeding the authorized maximum accumulation, such excess
will be paid at the employee's then current hourly rate.
It is understood that extant liabilities of the City
administered LTD Plan are to be satisfied as a condition to
implementation of the Canada Life Assurance Company Plan.
Funds on deposit which may not be needed to satisfy such
liabilities will be applied to costs of the Canada Life Plan.
De
In addition to provisions of the Long-Term Disability
Insurance Plan, the City agrees to pay the same salary benefit
paid by the Plan for disability leave which occurs after the
employee has used eighty (80) consecutive hours of general
leave during the 30 day period beginning with the 1st day of
the leave.
E~
Flexible benefits will be continued for three (3) months of a
disability leave and such time will be counted towards
satisfying Federal FMLA requirements.
Article 17. 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
and related Council Policy statements:
ae
Bo
Department Head and City Manager approval must be obtained
before enrollment in the course.
Reimbursement shall be made of tuition fees, textbooks, lab
fees, or required supplies, upon completion of the course with
a satisfactory grade and after the completion of the initial
probationary period.
C~
Tuition reimbursement shall not be made if the employee is
drawing veteran's education benefits or any other
reimbursement for the same course.
D~
Reimbursement for up to one hundred twent'y-five dollars
($125.00) per semester for two (2) semesters in any calendar
year will be paid upon receipt by the Personnel Department of
proof of successful completion of the course and proof that
payment of fees has been made.
Article 18. 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 fron having a written rebuttal attached to a
performance evaluation wi%h which the employee disagrees.
Article 19. Work Schedules.
a.
Effective February 22, 1993 the Department will implement the
~in a 7-day work cycle the employee works
4/10 work schedule; ~
four 10-hour days where the scheduled work shift commences and
ends at the same ti~e each day, with three consecutive days
off) or the 3/12.5 w~rk schedule, (in a 28-day work cycle the
employee works three 12.5 hour days where the scheduled work
shift commences and ends at the same time each day, with 4
consecutive days off, in each seven (7) calendar day period,
except that the employee must work one additional lO-hour
shift during the work cycle) as follows:
4 / 10 3/~.5
(1) Traffic and Investigation Divisions,
(2) Employees in special assignments
[continuation of the schedule is
subject to needs of ~he Department,
provided that if the Department
desires to discontinue that work schedule,
the employee will revert to the 9/80
work schedule (in a 14-day work cycle
the employee works eigh~ 9-hour days
where the scheduled work shift commences
and ends at the same time each day, and one
eight-hour work day, with one period
of 3 consecutive days off and one period
of two consecutive days off.) or some other
schedule upon mutual agreement of the
Department and employee].
Patrol
Be
Employees assigned zo special task forces or regional teams
will work the hours %hat the team works.
Co
The Department shall continue the present practices of (1)
rotating shift assignments on a regular basis at 6-month
intervals; (2) allowing employees to sign up for and select
shift assignments based on seniority; and (3) limiting an
employee to 12 conserutive months on any shift assignment.
D~
Any employee's work schedule may be temporarily changed to
accommodate training assignments which are eight (8) or more
hours in duration.
Article 20. Probationary Rejection. A probationary employee,
rejected for failure to meet standards or pass probation, shall not
be eligible for any internal grievance or appeal procedure pursuant
to Swift vs. County of Placer.
Article 21. Management Rights Clause. Except as otherwise
specifically provided in this Memorandum, the Personnel Rules &
Regulations and Departmental Regulations, and amendments and
revisions thereto, Will remain in force and effect, whether
exercised or not, and they are the sole and exclusive right and
functions of management including, but not limited to:
The right to contract or subcontract construction, services,
maintenance, distribution or any other work with outside
public or private entities.
The right to suspend provisions of this agreement in the event
of, and for the duration of, an emergency as determined by the
City Council, and/or by county, State or Federal action upon
notification to the association regarding the nature and
expected duration of the emergency.
The right to determine staffing and to direct the work force,
including the right to hire, promote, demote, evaluate,
transfer, lay-off or discharge any employee. The right to
take such further action as may be necessary to organize and
operate the City in the most efficient and economical manner
to serve the public interest.
Nothing contained herein shall be construed as a waiver by 't~e
Tustin Police Officers' Association of any right to meet and confer
and/or represent its members pursuant to the Meyer-Milias-Brown Act
or any other applicable State or Federal law.
Article 22. Administrative Regulations. The City Manager may
issue written administrative personnel regulations designed to
augment or clarify the provisions of this memorandumJ
Article 23. Application of Agreement. The parties agree that the
term "employee" whenever used herein, whether singular or plural,
means and applies only to those employees of the City included
within the Tustin Police Management Representation Unit, and that
this memorandum covers only said employees.
Article 24. Gender. Words used in this memorandum in the
singular include the plural, and the plural include the singular.
Words appearing in the male gender include the female gender and
the female gender include the male gender.
10
Article 25. Severability. If any part of this memorandum is
'rendered or declared invalid by reason of any existing or
subsequently-enacted legislation, governmental regulation or order
or decree of court, the invalidation of such part of this
memorandum shall not render invalid the remaining part hereof.
Article 26. Conclusion of Agreement. This agreement contains all
of the covenants, stipulations and the provisions agreed upon by
the parties. It is understood that all items relating to employee
wages, hours and other terms and conditions of employment not
covered in this agreement are covered by existing ordinances,
resolutions, p~licies and practices of the City as well as the
Personnel Rules & Regulations presently in effect. Therefore, for
the life of this agreement, neither the City or Tustin Police
Management Association shall be compelled to meet and confer
concerning any mandatory bargaining or meet and confer issue,
whether specifically met and conferred about prior to the
conclusion of this agreement or which may have been omitted in the
meeting and conferring which led up to the conclUsion of this
agreement, except by mutual agreement of the parties.
Article 27. No Change of Benefits. During the life of this
agreement there shall be no change of benefits or privileges
contained in existing resolutions 'and rules not specifically
revised by the provisions of this agreement, except after
compliance with applicable laws.
Article 28. Scope of Renegotiation at Conclusion of Contract. Ail
provisions of this agreement and other conditions of employment
appropriate to the meet and confer process shall be subject to
renegotiation at the conclusion of the contract period and may
thereafter be included in the meet and confer process at the
request of either party.
Article 29. Binding on Successors. This memorandum shall be
binding on the successors and assigns of the parties hereto and no
provisions, terms or obligations herein contained shall be affected
or changed in any way whatsoever by the consolidation, merger,
sale, transfer or assignment of either party hereto.
Article 30. Amendments. This memorandum can be altered or amended
only by written agreement between the parties hereto.
Article 31. Notices. Notices hereunder shall be in writing and,
if to the Tustin Police Management Unit, shall be mailed to
President, Tustin Police Officers' Association, Post Office Box
1516, Tustin, Ca 92680; and, if to City, shall be mailed to City
Manager, City of Tustin, 300 Centennial Way, Tustin, California
92680.
11
Article 32. Ratification. This memorandum shall be of no force or
effect unless or until duly approved adopted, ratified, and agreed
to by the City Council of City, or in the alternative, that ali of
the substantive provisions contained herein are adopted by
resolution of the City Council.
Article 33. Term of Aqreement. Ail provisions set forth herein
shall be effective as of the date of approval of this Memorandum of
Understanding by the Tustin City Council, unless otherwise
indicated. This Agreement shall be and remain in effect from
January 1, 1994, up to and including December 31, 1996.
In witness whereof, the parties hereto have executed this document
this day of , .
City of Tustin
By
William Huston
City Manager
Tustin Police Officers' Association
By
President
PMMOU94.DF1