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HomeMy WebLinkAboutCC 6 MOU TPOA 03-05-90J 03 Y, AGENDA DATE: February 27, 1990 TO: William A. Huston, City Manager FROM: Administrative Services Department CONSENT CALEWDAR NO. 6 3-5 #90' e� .. .... Inter - Com SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN POLICE OFFICERS ASSOCIATION RECOMMENDATION: To direct the City Manager to execute the attached Memorandum of Understanding with the Tustin Police Officers Association. BACKGROUND: Representatives of the City have been meeting and conferring with representatives of the Tustin Police Officers Association (T.P.O.A.) in order to come to an agreement regarding wages, benefits, and other working conditions. A one-year agreement has been reached; it is appropriate to direct the City Manager to execute the Memorandum of Understanding, in order that staff can proceed with the logistics of the agreement. Roylee A. White, Director Commu ' and Administrative Services RAW: kd Attachment: Memorandum of Understanding RAW:APRVLMOU.wp MEMORANDUM OF UNDERSTANDING CITY OF TUSTIK 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, the City's employee representatives have met and conferred in good faith with the representatives of the Tustin Police Officers Association pertaining to the subject of wages, benefits and conditions of employment for the non -administrative and non -management police employees of City; and WHEREAS, the meeting between Tustin Police Officers and the City representatives has resulted in an agreement and understanding to recommend that the employees represented by the Tustin Police Officers 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 non -administrative and non -management police officers of City set forth herein. W I T N E S S E T H Article 1. City has previously recognized Tustin Police Officers Association as the majority representative of all non -administrative and non -management police employees of City for the purpose of representation -)n issues of wages, hours and other terms and conditions of employment. The non -administrative and non -management employees represented by the Association are the Police Recruit, Police Officer and Police Agent classifications. As majority representative, the Tustin Police Officers . Page 2 Association is empowered to act on behalf of all non -administrative and non -management police employees of City, whether or not they are individually members of the Tustin Police Officers Association. The Classifications covered by this agreement are: Police Recruit Police Officer Article 2. Salary Increase. The City shall increase salaries of all non- administrative and non -management sworn police employee positions of City by seven point one percent (7.1%) effective January 1, 1990. Each employee assigned to said classifications upon the above-mentioned dates shall receive a salary at the step in which the employee is then serving. Article 3. Retirement Contribution. The City shall pay seven percent (7%) of the employee's portion of the Public Employees Retirement System (PERS) contribution. Article 4. Bereavement Leave. The City shall allow up to three (3) days with pay for the purpose of bereavement leave for all non -administrative and non -management police employees of City in the event of a death in the immediate family. "Immediate Family" shall be defined as including the spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Article 5. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per month for all non -administrative and non -management police employees who can demonstrate a skill in Spanish at the conversational level, or another language which the Chief of Police and Page 3 !City Manager have approved as being needed in police work within the City. i `Jn order to receive such bilingual compensation, an employee shall make application to the Personnel Department and shall satisfactorily complete a conversational fluency test in such language administered by a qualified :person. The bilingual compensation shall commence effective the start of the next pay period following the certification of the test results and notification of the Finance Department by the Personnel Department. Article 6. Retirement Survivor's Benefit. The City shall provide the 1959 Survivors Benefit option of the Public Employees Retirement System for all non -administrative and non -management police employees, at employee cost. Article 7. General Leave. The City shall increase the General Leave Accrual rates for all non -administrative and non -management police ,;'employees to the following formula; '?fiscal year 82/83. Years of Service is 0-5 E. 6-10 effective the first pay period of General Leave Days Per Year 21 Days 26 Days i; Over 10 31 Days ��irticle 8. Uniform Allowance. The City will provide a uniform allowance of one hundred and sixty-two dollars and fifty cents ($162.50) semi - ,L, ,!annually, as well as continually pay for special motor officer gear and ifficer public safety leather gear. yl, ij Article 9. Standby Duty. Standby duty shall be compensated at the rate of :two (2) hours straight time for each eight (8) hours required, including . Page 4 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. Call back compensation is provided in Article 10. Compensation for, call back to, or actual appearance in court is provided in Article 12. Article 10. Call -Back Duty. In addition to standby compensation, if any, officers shall receive a minimum of two (2) hours overtime compensation for any call which required them to return to duty. Article 11. Deferred Compensation. The City shall contribute $37.00 per pay period, per employee, in a deferred compensation program or vehicle currently offered by the City. It is the responsibility of all employees to complete the necessary paperwork and take all 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 bargaining unit shall be provided with a notification of the deferred compensation program, including the amount of employer contributions, during employee orientation. Article 12. Court Pay Provisions. The City shall pay actual time at a rate of time and one-half for employees who are required to appear in court during their off-duty hours in connection with City business with a minimum of two (2) hours of such compensation for court appearances schedules in the morning (a.m. hours) and two (2) hours of such compensation for court appearances scheduled in the afternoon (p.m. hours). Page 5 Article 13. Overtime Compensation. The City shall pay all non- administrative and non -management sworn police employees premium pay of time and one-half for all approved overtime hours worked in excess of eight (8) hours per shift on forty (40) hours per week. General leave and holiday hours shall be included within the above hours for eligibility, provided however, that standby time shall not be considered in determining entitlement to premium pay. Article 14. Employee Life Insurance. The City will provide life insurance on the life of each regular, permanent full-time, non -administrative, non- management sworn police employee of the City and pay the premiums thereof. The death benefit of said police shall be one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. City shall also make available, at employees option, a supplemental life insurance policy the death benefit of which shall be $18,000.00. The premium of said supplemental policy shall be paid by the employee. Article 15. Medical and Dental Insurance. Effective February 26, 1990, the City shall contribute a maximum $423.90 per month per employee toward health insurance coverage. Any employee in a health insurance plan and category which has a total monthly premium less than $423.90 shall not pay for health insurance. Effective July 1, 1990, the City shall increase the maximum contribution ay up to $26.10 per month per employee. T.P.O.A. may apply any or all of the $26.10 per month toward health insurance or salary, at its option. The decision shall be applied to all members of the unit and T.P.O.A. shall notify the City no later than June 15, 1990, of its decision. Page 6 Article 16. Educational Incentive Pay. The City shall provide educational incentive pay as an incentive for employees to improve their level of education in relevant fields beyond the expected level for their position. Degree in Related Field Police Officer AA Degree or its equivalent $ 65/mo. Bachelor's Degree 125/mo. An equivalent to an A.A. Degree shall include continuing active enrollment in a Bachelor's curriculum with over half the course work completed. A reasonable interpretation of the related nature of the degree fields shall -be made by the Personnel Director. Article 17. Tuition Reimbursement. Employees shall be encouraged to further their academic education and training in those areas of benefit both to the employee and to the City. Full-time employees will be eligible for reimbursement by the City of tuition for professional technical courses subject to the following conditions and related Council Policy statements: A. Department Head and City Manager approval must be obtained before enrollment in the course. B. Reimbursement shall be made of tuition fees (not textbooks or 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. . Page 7 D. Reimbursement for up to fifty dollars ($50.00) 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. Holidays. The following nine ( 9 ) full and two ( 2 ) half (1/2) days shall be observed as paid holidays by all full-time regular and probationary City Employees in permanent positions, except Police personnel, as shown below: January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day The Thursday in November designated by the President or Governor as Thanksgiving Day Thanksgiving Day The day following the Thursday in November designated as 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 Page 8 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 each designated holiday, full-time regular and probationary Police personnel on shifts will receive an extra day of vacation or equivalent pay, whichever, in the judgement of the Police Chief, best serves the interests of the City. On December 1 of each year, an employee may designate any portion of his/her holiday credit for the following year which he/she 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 shall be made in Tanuary 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. Article 19. 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. Page 9 Nothing contained herein shall be constructed as a waiver by the Tustin Police Officers Association of any right to meet and confer and/or represent its members pursuant to the Meyer-Milias-Brown Act on any other applicable State or Federal law. Article 20. Scope of Renegotiation at Conclusion of Contract._ All 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 21. Administrative Regulations. The City Manager may issue written administrative personnel regulations designed to augment or clarify the provisions of this memorandum. Article 22. Effective Date. All provisions set forth herein shall be effective as to non -administrative and non -management police employees of the Tustin Police Department as of January 1, 1990, unless otherwise specifically provided. 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 representative unit, represented by Tustin Police Officers Association, and :hat this memorandum covers only said employees. It is not solely limited to the members of the Tustin Police Officers Association. Page 10 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. Article 25. Cost Containment Committee. The City and T.P.O.A. agree to meet and discuss cost-containment alternatives for the self-insured health plan. Article 26. Severability. If any part of this memorandum is rendered or declared invalid by reason of any existing or subsequently -enacted ".egislation, 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 27. 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 28. Ratification. This memorandum contains all the terms and conditions agreed to between the parties. This memorandum shall be of no force or effect unless or until duly approved adopted, ratified, and agreed .:o by the City Council of City, or in the alternative, that all of the substantive provisions contained herein are adopted by resolution of the City Council. Page 11 Article 29. Amendments. This memorandum can be altered or amended only by written agreement between the parties hereto. Article 30. Notices. Notices hereunder shall be in writing and, if to Tustin Police Officers Association, 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. Article 31. Term of Agreement. This agreement shall be and remain in effect from January 1, 1990, to and including December 31, 1990. Article 32. Conclusion of Agreement. This agreement shall contain all of the covenants, stipulations and the provisions agreed upon by the paries. 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, policies and practices of the City as well as the Personnel Rules & Regulations presently in effect. Therefore, for the life of this agreement, City or Tustin Police Officers Association shall not 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 A this agreement, except by mutual agreement of the parties. Article 33. No Change of Benefits. During the life of this agreement there shall be no change of benefits or privileges contained in existing Page 12 resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. Article 34. Annual Physical Examinations. Effective March 20, 1989, the benefit shall be eliminated. Article 35. Performance Evaluations. Effective March 20, 1989, an employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Article 36. Section 125 Benefits. During calendar year 1990 the parties will review Internal Revenue Code Section 125 and its potential application to the City of Tustin. Article 37. Modified Work Schedule. The City agrees to conduct a feasibility study with respect to the implementation of a modified work schedule in the police department. The selection of the persons) to conduct the study shall be made by the City; any cost incurred shall be borne by the City. The study shall be completed no later than October 1, 1990. Article 38. 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 ?lacer. Page 13 In witness whereof, the parties hereto have executed this document this day of MOU:TPOA.90 , 1990. City of Tustin By William A. Huston City Manager Tustin Police Officers Association By President