HomeMy WebLinkAboutCC RES 00-83 RESOLUTION NO. 00-83
A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE COMPENSATION PLAN AND
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS
ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS
AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council has authorized and directed, under the
provisions of the City of Tustin Personnel Rules and Regulations,
8 Resolution No. 88-103, the pre 3aration of a compensation plan for.all
employees in the municipal service of the City of Tustin; and
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WHEREAS, Resolution No. 88-103 requires that amendments or
10 rewsions to the compensation plan be approved by Resolution of the City
Council; and
12 WHEREAS, the City of Tustin. hereinafter referred to as "City" and the
Tustin Police Officers Association hereinafter referred to as "TPOA" have
13 met and conferred in good faith in accordance with the requirements of the
Meyers-MiIias-Brown Act; and
1.5 WHEREAS, the City and TPOA have reached agreement on wages,
salaries, fringe benefits and conditions of employment effective January 1,
16 2001 through December 31, 2003 as more particularly set forth in the
Memorandum of Understanding; and
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NOW, THEREFORE, the City Council of the City of Tustin, California does
hereby resolve as follows:
SECTION 1. The Memorandum of Understanding, effective January
20 1, 2001, is hereby approved and incorporated herein by reference as Exhibit
"A" as though fully set forth herein, and staff is authorized to amend the
21 compensation plan and transfer the funding necessary from the
unappropriated General Fund Reserve Account to the appropriate Police
22 Department salary and benefit accounts.
SECTION 2. This Resolution shall become effective on January 1,
2~. 2001, and all Resolutions and parts of Resolutions in conflict herewith are
hereby rescinded.
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1 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
2 CITY OF TUSTIN )
3
RESOLUTION NO. 00-83
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Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
5 California, does 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 was passed and adopted at
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a regular meeting of the City Council held on the 20~n day of November, 2000, by the
7 following vote:
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COUNCILMEMBER AYES: Thomas, Worley, Doyle, Ports, Saltarelli
9 COUNCILMEMBER NOES: None
10 COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
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12
PAMELA STOKER
13 City Clerk
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;TIN RESO -
MEMORANDUM OF UNDERSTANDING
POLICE OFFICERS' REPRESENTATION UNIT
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS' ASSOCIATION
TERM:
JANUARY 1, 2001 TO DECEMBER 31, 2003
TABLE OF CONTENTS
Article 1. Recognition ...................................................................................................1
Article 2. Salary Adjustment ........................................................................................1
Article 3. Retirement Plan .................~ ..........................................................................2
Article 4. Bereavement Leave .....................................................................................2
Article 5. Bilingual Compensation ................................................................................2
Article 6. General Leave ..............................................................................................3
Article 7. Uniform Allowance ........................................................................................3
Article 8. Standby Duty ................................................................................................3
Article 9. Call-Back Duty ..............................................................................................4
Article 10.Deferred Compensation ...............................................................................4
Article 11.Court Pay Provisions ....................................................................................4
Article 12.Overtime Compensation ...............................................................................4
Article 13.Employee Life Insurance ..............................................................................5
Article 14.Flexible Benefits Plan ...................................................................................5
Article 15.Educational Incentive Pay ............................................................................6
Article 16.Tuition Reimbursement ................................................................................7
Articte 17.Holidays .......................................................; ................................................7
, Article 18.Management Rights Clause .........................................................................8
Article 19.Scope of Renegotiation at Conclusion of Contract .......................................9
Article 20.Administrative Regulations ..........................................................................9
Article 21.Application of Agreemenu ..............................................................................9
Article 22.Gender ..........................................................................................................9
Article 23.Retiree's Health Insurance ...........................................................................9
Article 24.Severability ...................................................................................................9
Article 25.Binding on Successors ...............................................................................10
Article 26.Ratification ..................................................................................................10
Article 27.Amendments ....................................................................................' ..........10
Article 28.Notices ........................................................................................................10
Article 29.Term of Agreement .....................................................................................10
Article 30.Conclusion of Agreement ...........................................................................10
Article 31.No Change of Benefits ...............................................................................11
Article 32.Performance Evaluations ............................................................................11
Article 33.Probationary Period ....................................................................................11
Article 34.Career Officer Program ..............................................................................11
Article 35.Long-Term Disability (LTD) Plan ................................................................11
Article 36.Special Assignments ..................................................................................12
Article 37.Shift Differential ..........................................................................................12
Article 38.Substance Abuse Testing ...........................................................................12
Article 39.Disciplinary Appeals ...................................................................................12
Article 40.Work Schedules .........................................................................................12
Attachment A Side Letter Agreement ............................................................................14
Exhibit B Third party Advisory Process for Disciplinary Appeals B1-B4
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MEMORANDUM OF UNDERSTANDING
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, the City's 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 agreemenu 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.
WITNESSETH
Article 1. Reco~nition The City has previously recognized the Tustin Police Officers
Association as the majority representative of all non-administrative and non-management
police employees of City for the purpose of representation on issues of wages, hours and
other terms and conditions of employment. The employees represented by the Association
hold positions in the Police Recruit and Police. Officer classifications. As majority
representative, the Tustin Police Officers Association is ern F3owered to act on behalf of all
non-administrative and non-management police sworn employees of the City, whether or
not they are individually members of the Tustin Police Officers Association. The
Classifications covered by this agreement are Police Recruit and Police Officer.
Article 2. Salary Adjustment
A. The salaries of all bargaining unit employees in the classification of Police
Recruit and Police Officer shall be increased by two and three-quarter percent
(2.75%) January 1 2001.
B. Effective at the beginning of the pay period closest to January 1, 2002, the
salaries of all bargaining unit employees in the classification of Police Recruit
and Police Officershall be increased by three percent (3%). Said increase may
be reduced by applying a percentage of this increase to flex dollars upon
request of the Association. Such request shall be made to the City's Human
Resources Director no later than December 1, 2001.
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C. Effective at the beginning of the pay period closest to July 1, 2003, the base
salaries of all bargaining unit employees in the classification of Police Recruit
and Police Officer shall be increased by two percent (2%).
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
System (PERS) in the amount equal to nine percent (9%)of the employee's "compensation
earnable."
Employees serving in a Classification covered by this Agreement have a vested right to
receive all of the retirement benefits entitled them as of the effective date Of this
Agreement.
The City agrees to amend its current contract with PERS in order to provide the 3% @ 50
retirement formula for Local Safety Members (in lieu of the current 2% @ 50 formula) to be
effective no later than July 1,2003. The City will pay the full cost of the 3% @ 50 formula
upgrade. All other PERS optional benefits in effect under the 2% @ 50 formula shall
remain in effect under the 3% @ 50 formula when implemented.
Article 4. Bereavement Leave The City shall provide three (3) days off with pay for the
purpose of bereavement leave for all non-administrative and non-management police
employees of the 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. An employee may use less
than three (3) days.
Bereavement Leave is intended to allow time for an employee to morn 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.
Article 5. Bilingual Compensation The City shall pay seventy-five dollars ($75.00) per
month to 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 City Manager have approved as being needed in police work. In order
to receive such bilingual compensation, an employee shall make application to the
Personnel Department and 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 Human Resources Department.
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Article 6. General Leave General leave with pay shall be granted to each full-time
regular and probationary employee at the rates listed below, prorated on a bi-weekly basis
for each bi-weekly pay period in which the employee works more than half time.
Periods of Service General Leave Hours Per Year
6 months to 1 year 26.67 hours per month
1-5 years 160
6-10 .... 208
Over 10 .... 248
1. Each calendar year employees may accumulate General Leave to a maximum of
twice the employee's annual entitlement. Upon reaching the maximum, the
employee may continue to accrue General Leave until the end of the calendar year.
During the first pay period of each calendar year all unused Leave in excess of the
maximum shall be forfeited and no payment shall be made for the forfeited Leave.
Upon separation from the City service the employee will be paid for unused Leave,
not to exceed the maximum of two (2) years entitlement, at the employee's then
current base salary rate.
2. An employee with less than six (0) months of employment shall be advanced a
maximum of twenty-four (24) hours of General Leave that may be used for the
employee's absence due to his/her illness, injury, or incapacitation due to
pregnancy. If an employee uses advanced Leave and terminates prior to the
corn pletion of six (6) months of service, payment received for such Leave shall be
deducted from his final paycheck.
Article 7. Uniform Allowan ce The City will provide a uniform allowance of one hundred
and sixty-two do] tars anct fifty cents ($162.50) semi-annually, as well as pay for special
motor officer gear and officer public safety leather gear.
Article 8. Standby Duty Standby duty for other than court appearances shall be
compensated 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 two (2) hours straight time for afternoon (p.m. hours) appearances.
If a scheduled stand by is canceled and th~ employee is not advised of the cancellation
before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two
hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the
employee prior to 6:00 p.m. on the day prior, will negate the two hours of standby pay.
Employees who are scheduled for standby 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.
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If an employee is on standby and the standby status is canceled the employee will still
receive the full amount of standby pay appropriate for the time frame involved.
Article 9. Call-Back Duty In addition to standby compensation, if any, officers shall
receive a minimum of two (2) hours overtime compensation at time and one-half for any
call which required them to return to duty.
Article '10. Deferred Compensation The City shall contribute $37.00 per pay period, per
employee, to 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
requited steps to enroll in the program. Should employees fail to enroll, the City is under
no obligation to make retroactive contributions on behalf of saidemployee 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 11. Court Pay Provisions The City shall pay actual time spent in court at a rate of
time and one-half to employees who are required to appear in court on behalf of the City
during their off-duty hours subject to a minimum of two (2) hours of such compensation for
court appearances scheduled in the morning (a.m. hours) and two (2) hours of such
compensation for court appearances scheduled in the afternoon (p.m. hours).
Article 12. 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 (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 described in Article 41 (i.e.
(a) 10 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 shall be regarded as hours worked in these calculations; prowded
however, that standby time shall not be considered in determining entitlement to premium
pay.
In lieu of rece~wng cash payment for overtime, an employee may elect the option of
accruing compensatory time at the rate of time and a half, and shall have a cap of forty
(40) hours placed on the accrual of compensatory time off.
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The time during which an employee may take his/her compensatory time shall be subject
to approval by the appointing authority or his/her designee with due regard for the wishes
of the employee and forthe 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 13. 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 pement (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 be $18,000.00. The
premium of said supplemental policy shall be paid by the employee.
Article 14. Flexible Benefits Plan The Flexible Benefits Plan will be as follows:
A. Flexible Benefits Contribution per month per eligible employee.
Employee Only Employee + 1 Employee + 2 or more
Dependent Dependents
Effective January 1, 2001
$372 $496 $622
Effective January 1, 2002
Upon request of the Association, to be submitted to the Human Resources Director
no later than December 1, 2001, the Association may elect to increase its Flexible
Benefits Contribution in lieu of an equivalent salary increase as indicated in Article
2.
B. The Flexible Benefits contribution consists of mandatory and discretionary
allocations which may be applied to City sponsored programs. Employees are
required to take employee only dental insurance with premiums to be paid out of
their contribution and $16.00 of the Contribution constitutes the City payment
towards retiree medical insurance. Employees may receive cash or allocate the
remaining amount among the following City sponsored programs:
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1. Medical insurance offered under the Public Employees' Medica! and Hospital
Care Act Program.
2. Dependent Dental Insurance
3, Additional Life Insurance
4. Vision Insurance
5. Deferred Compensation
6. Section 125 Dependent or Medical Care Reimbursement Programs
7. Eligible Catastrophic Care Programs
8. Cash
Discretionary allocations are to be made in accordance with program/City
requirements inc!uding restrictions as to the time when changes may be made in
allocations to the respective programs.
C. Employees who do not take medical insurance through the program offered by the
City shal, I receive $120.00 per month in lieu of the flexible benefits 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.
D. Section 125 Program
The Section 125 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 rightto 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. 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.
De.qree in Related Field Police Officer
AA Degree or its eqaivalent $125/mo.
Bachelor's Degree $250/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 Human ResoUrces Director.
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Article 16. 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 and technical courses subject to the following conditions and related Council
Policy statements:
A. Department Head and Human Resource Director approval must be obtained
before enrollment in the course.
B. 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 initiaJ 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 $500.00 each calendar year if the employee is
attending a community college or $1 000.00 each calendar year if the
employee is attending a four year college or university will be paid upon
receipt by the Person nel Department of p roof of successful completion of the
course(s) and proof that payment of fees has been made. If an employee
attends both a community college and four year college or university in a
calendar year the maximum reimbursement shall be $750.00.
Article 17. Holidays The following shall be paid holidays for all full-time regular and
probationary employees in permanent positions.
January 1 New Year's Day
Third Monday in February WashingtoWs Birthday
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
November 11 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
Day before the Christmas
Day Holiday Christmas Holiday Eve
December 25 Christmas Day
Day before the New Year's
Day Holiday New Year's Holiday Eve
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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.
On December 1 of each year, a regular or promotional probationary employee may request
a cash o~t of his/her holiday credit for the following year in lieu of having time off. The
request may only be for all cash, all General Leave, or on-half cash/one-half General
Leave. The request shall be in writing and is irrevocable. Payment for the holiday time
shall 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 full-time regular and probationary Police
personnel on shifts will receive General Leave at the rate of eight (8) hours for each
holiday. Full-time regular and probationary Police personnel not assigned to shifts will
receive General Leave at the rate of eight (8) hours for each holiday or equivalent paid time
off. If a non-shift employee's scheduled day off falls on the day of the holiday, he/she shall
be credited with General Leave at the rate of eight (8) hours for each holiday. It is
permissible for a non-patrol officer to work at his/her regular assignment on a holiday for
which he/she has been paid if she/he elects to do so. However, the department maintains
the right to assign officers to any function when extraordinary circumstances arise.
If the number of regularly scheduled paid hours in a work period is less than that
prescribed in Article 40, the employee may use accrued compensatory time or general
leave to ensure that the prescribed hours will be paid in that period.
Article 18. Mana~ement Ri.qhts 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.
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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 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 19. Scope of Renegotiation at Conclusion of Contract All provisions of this
agreement and other conditions of employment appropriate to the meet and confer ;~rocess
shall be subject to reneg0tiation 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 20. Administrative Re~ulations The City Manager may issue written
administrative personnel regulations designed to augment or clarify the provisions of this
memorandum.
Article 21. Application of A~reement 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 thai this memorandum covers only said employees. It is not
solely limited to the members of the Tustin Police Officers Association.
Article 22. 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 23. 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. Such contribution is supplemental to 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 PEnS City contribution.
TPOA will participate in a joint labor-management committee to explore funding
alternatives that involve employee contributions to fund premiums in excess of the City's
contribution for retiree health insurance.
Article 24. Severability If any part of this memorandum is rendered invalid by reason of
any existing or subsequently-enacted legislation, governmental regulation or order or
decree of court, the invalidation of such part shall not render invalid the remaining parts.
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Article 25. Bindin.q on Successors This memorandum shal~ 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 26. 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 to 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.
Article 27. Amendments This memorandum can be altered or amended only by written
agreement between the parties hereto.
Article 28. Notices Notices hereunder shall be in writing and. if to Tustin Police Officers
Association shall be mailed te President, Tustin Police Officers Association, Post Office
Box 1516, Tustin. Ca 92780; and, if to City, shall be mailed to; City Manager, City of
Tustin 300 Centennial Way, Tustin, California 92780.
Article 29. Term of Agreement This Agreement shall be and remain in effect from
January 1, 2001 to and including December 31, 2003. All provisions set forth herein.shall
be effective as to non-administrative and non-management sworn police employees of the
Tustin Police Department as of January 1, 2001, unless otherwise specifically provided.
Article 30. Conclusion of A.qreement This agreement shall contain 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, policies 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 Officers
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 omi~ed in the meeting and
conferring which led up to the conclusion of this agreement, except by mutual agreement
of the parties.
Notwithstanding the provisions of this Article, the parties do agree to reopen the meet and
confer process upon request over proposed changes to City Personnel Rules and
Regulations. Changes to Personnel Rules and Regulations shall be implemented only
upon mutual agreement of the parties.
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Article 31. No Chanfie 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 32. 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 33. Probationan/Period Resolution No. 88-103, Section 7, is modified to include
a probationary period of not less than eighteen (18) months for new hire police officers.
This extended probation period shall not affect an employee's entitlement to periodic merit
increases (Resolution No. 88-103, Section 5 (E)).
Article 34. Career Officer Pro~ram Officers qualifying under the Career Officer Program
as outlined in the Police Department General Order Manual shall be eligible for additional
compensation in accordance with the following:
Level Increase in Base Salary
Senior Officer I 2.5%
Senior Officer II 4.5%
Master Officer 6.5%
Article 35. Lon.q-Term Disability (LTD) Plan
A. The Long-Term Disability Insurance Plan specifically for sworn police personnel
currently in effect shall continue ~n full force and effect during the term of this
agreemenu unless changed by the mutual agreement of the City and Association.
B. n 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 1 st day of the leave.
C. Flexible benefits will be continued for ninety days of a disability leave and such time
will be counted towards satisfying Federal FMLA and State of California FRA
requirements.
D. It is understood that proof of coverage is to be submitted to the City upon request
and eligibility for City benefits provided in B and C of this Article is conditioned upon
the City's receipt of proof of disability.
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Article 36. Special Assi,qnments Except as indicated, employees assigned and engaged
in the performance of work that constitutes the following special assignments shall receive,
in addition to their regular compensation, premium pay in the amount of two and one half
percent (2 1/2%) of base salary provided t.hat at no time may an employee receive more
than one (1) special assignment pay premium.
Area Resource Officer Field Training Officer
Community Resources Officer K-9 Officer
Investigator Motor Officer
DARE Officer Personnel and Training Officer
Gang Unit Officers School Resource Officer
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 without cause, and without any right to challenge such action pursuant
to the City,s grievance or appeal procedure or pursuant to Section 3304(b) of the California
Government Code.
Article 37. Shift Differential Employees whose regular shift is the graveyard shift (shift
begins at 6:00 p.m. and ends at 6:00 a.m. the following day) shall receive $50.00 per
month for each month worked on said shift. This differential is designed to compensate
the employee for the inconvenience of working this particular shift.
Article 38. Substance Abuse Testin.q The City and T.P.O.A. agree to meet and discuss
substance abuse testing during the term of the M.O.U. Absent mutual agreement Of the
parties, no such testing may be implemented.
Article 39. Disciplinary Appeals Resolution No. 88-103, Sections 11 and 12 are
superseded by the "Third Party Advisory Process for Disciplinary Appeals" attached as
Exhibit B.
Article 40. Work Schedules
A. Department work schedules include the 4/10 work schedule; (in a 7-day work cycle
the employee works four 1 O-hOur days where the scheduled work shift commences
and ends at the same time each day, with three consecutive days off) and the
3/12.5 work 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 10-hour shift during the work cycle:) as
follows:
S:~vlOU's\TPOA MOU 01-03final.doc Page 12 of 14
4/10
(1) Traffic and Investigation Divisions,
(2) Employees in special assignments [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 workschedule (in a 14-day work
cycle the employee works eight 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].
3/12.5
Patti
B. Employees assigned to special task forces or regional teams will work the hours that
the team works.
C. 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 consecutive 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.
In witness whereof, the parties hereto have executed this document this
day of ,
City of Tustin - Tustin Police Officers Association
William A. Huston, City Manager Gordon Marguiles, President
Adene Marks, Director of Human Resources Tony Bryant, Vice President
Ron Nault, Director of Finance Pam Hardacre
Robert Schoenkopf, Captain Michael Lamoreaux
S:~VlOU's\TPOA MOU O1-03final.doc Page 13 of 14
ATTACHMENT A
SIDE LETTER AGREEMENTBETVVEEN
TUSTIN POLICE OFFICERS ASSOCIATION AND THE CITY OF TUSTIN
The City and Tustin Police Officers Association (TPOA) agree the cost factor used for
implementation of the 3% @ 50 PERS Retirement benefit, included in the contract
between TPOA and the City of Tustin, is nine percent (9%). Forthe contract negotiations
for a successor Memorandum of Understanding, the four and One-half percent (4.5%)
remaining cost of the 3% @ 50 PERS Retirement benefit shall be considered.
Employees who are ill or become injured, and such illness or injury is expected to last in
excess of one payperiod, shall utilize appropriate charge codes to account for hours not
worked based on the employee's work schedule. Effective at the beginning of the next pay
cycle the employee shall revert to a 5 day/40 hour schedule for payroll purposes. In the
event the employee is reimbursed for general leave or other time utilized, such
reimbursement shall be at the rate. of 8 hours per day (not to exceed 40 hours per week)
back to the first day of the illness or injury.
S:\MOU's\TPOA MOU O1-03final.doc Page 14 of 14
Exhibit ~
THIRD PARTY ADVISORY PROCESS'FOR DISCIPLrNARY APPEALS
Disciplinary actions which may move beyond the Department Head' s decision include th~ actions
of'term/nation, suspension, reduction of silary 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
registered mall or personal delivery) shall be a statement which clearly'informs the employ~
that he/she Ms the right, within 10 working days after 'receip~ of the response, to request the
next level of ~ppeal. The day the employs- receives the Department Head's final notice shall
not count as one of the 10 days.
The employee's request for the next level of appeal muse be' addressed to the Senior Personnel
Analyst and received in the Personnel Office ~o that same is date stamped by the Personnel
Office within the 10-day period..
if, within the 10-day ~ppeaI per~6d, ~ 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 10-day appeal period, the employee i~volved
- files such notic~ of appeal by giving written notice. of app~?2 to the Senior PersonneI Analyst,
an appeal hearing shall be establ/shed as follows:
A.' Tf a single third party heating o friar carmot be agreed upon by the Senior Personnel
Analyst and the employee's representative (o~ employee alone if unrepresented), the
American Arbitration Association shall be requested to submit a list .of 7 persons
' qfalified t6'act as firbi[e~s'~6 tSe Cib~ and employee. Within.10 days following receipt
of the list of arbiters, the parties shall meet to sdect the arbiter. The parties shalt
alternately strike 1 name from the list of arbimzs (the -fight to strike the first name to be
determined by lot) until 1 name remains, and that person shall be the arbiter.
B. Where practicable, the date for the heating shall not be less than 20 days, nor more than
60 days, from the date ~fthe filing 0fthe appeal with the Senior Personnel Analyst. The
parties may stipulate to a longer or shorter period of time in whidh to hear the appeal.
All interested parties shall be notified in writing of the date, time, and place of heating.
C. :LLI hearings shall be private prg'Aded~ however, that the arbiter shali at the request 6f
th~ employee, open the hearing te the public.
D. Subpoenas and subpoenas duces tecums pertaining to a hearing sha]Ll be issued at the
request of either party, not less than 5 v~ork~ng aays, prior te the commencement of such
heating. After the commeneement of such heating, subpoenas shall be issued only at the
discretion of the arbiter.
E. The hearing need not be conducted in accordance with technical rules relating to evidence
and witnesses. Any relevant evidence shall be admitted if ~t is the sort of evidence on
Third Pariy Advisory Process for Disciplinary Appeals
Page 2
which 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.
F. 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 testiry 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, unless the parties (City, arbiter,
employee/employee representative) mutually agree that same is not necessary.
G. The hearing shall proceed in the following, order, unless the arbiter, for special reason,
otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. 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;
4. 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;
5. 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.
6. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
MOU: DLSCAP?L.PO. 8188
T~ird Parry Advlsor~ Process for Dfsciplinz~y Appeals Page 3
H. ~e ~bimr sh~ demmine relev~cy, weight, ~d cr~ibility of tes~mony gd evidence.
He/she sh~ bg Ms/her findings on ~e preponder~c~ of evidence. During the
exagafion of a wimess, ~I other wimesses, except th~ pges, sh~ be excludM from
the h~ng unless the ~biter, ~ N~her discre,on; for gg ~use, othe~ise dir~ts.
No s~ photognphs, moving pictures, or t~levision pictures sb~l be ten in the h~ng
chgber dugg a h~g. Th~ ~imr, prior to or during a h~ng, may grgta
conffnu~ for ~y r~ons he/sh~ be~eves to be irapoet to r~ching a f~r ~d pro~r
d~ision. ~ gbi~r sh~ render M~her judgement as soon fter the conclusion of the
h~ng ~ ~ssibte ~d in no event later ~m 30 .days a~er conducting a h~ng.
His/her d~ision sh~ set forth fmd~gs of fact md conclusions. ~ opinion sh~l be
adviso~ o~y.'
I. The ~bimr may r~mmend sus~g or reining gy or ~ of ~e chutes ffi~ ag~nst
· e employs. H~sh~ may r~mmend sus~ng, reining or modifying the discipHn~
ac~on invok~ ag~nst ~ employs. He/she may not r~ommsnd for discipline more
s~ngent tm ~at invok~ by ~g Depmment H~d.
~ ~bimr's ogon gd r~gmmen~on she be hI~ wit ~ City Meager, ~i~ a
copy sent to ~g.ch~g~ empl6y~, ~d ~eSeMor P&rsonnet g~yst gd she set fo~h
Ms/her ~d~gs gd r~omme~ons. If it is a dis~ss~ h~g gd a dismiss~ is not
' ' ~e gbiter's r~mm~n~on, ~e op~on she set fo~ ~e r~mmend~ date ~
employ~ is r~mmend~ to b~ rc~smt~. ~d/or other r~mmcnd~ action. Th}
re~smmmcnt ~m, ~ appropriate, may b~. gy time on or f~r ~ date of discipHn~
action. · '
Wi~ 30 .days o? ~e r~ipt of ~ ~b~er's fmd~gs md r~ommenda~ons, md
gsc~pt (wMch is op~on~ o~y ~ ~g ~es), whichever date is later, ~e Ci~
Mgager sh~ adopt, mend, m~i~ or rej~t ~ r~ommendM findings, conclusions,
~or opNons of ~s gbiter. Prior to ruing a d~ision wMch 'modifies or rej~m ~e
r~mmen~don of ~e gbintor, ~e Ci~ Mmager shMt order md r~d ~e ~scfipt
of ~ ~d P~ Adviso~ Press..Prior to miga d~ision Which supports ~e
~biter, ~e'Ci~ Mger may order md r~d ~c ~ubj~t ~sc~pt, at Ms/her op~on,
allow ~ o~ ~gumen~ ~or may r~uest md review wfi~en smtcmen~ from
~i~er ~de. '~ d~ion of ~e Cg~ M~ager sht bo ~n~ md ~nclusive. Copies of
the Ci~ M~agcr's d~ision, ~dud~g ~e ~biter'~ r~ommendafion(s) sh~l be fil~
wher~ appropfiam, ~clud~g ~e employ~'s ~rsogel f~e, unless no discipline is uph~ld
by ~e ~ Mmag~. ~ch p~ sh~l b~ ~u~ly ~ cost of facades, f~s md
ex~n~s of fie ~i~, ~clud~g fie ~ug re~r ~ ~s~pm. If fie Ci~ M~ger
orders a .~sc~pt for Ms/h~ renew, ~ Ci~ sh~ b~ ~= cost of pro~ding fie
~sc~pt ~ch p~ sh~ b~ i~ o~n ~mess ~d a=omey f~s. If eit~ p~
un~at~y ~ls or ~s~ones a s~h~ul~ ~binfion, ~ereby resulting in a f~
chgg~ by ~e :bi~ or ~un re, mr, ~en t~ p~ re~onsible for fie ~cella~on
MOU:DL~_AFFL.Fg, g/gg
Third Party Advisory Process for IJisciplinary Appcais
Page 4
or postponement shall be solely responsible for payment of that fee. This process shall
not apply to mutual settlements by the parties which result in an arbitration fee.
K. 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 provisions of Section 1094.6
of the Code of Civil Procedure shall be applicable to proceedings under this Section.
MOU:DISCAPPL.PO, 8/88
Passed and adopted at a regular meeting of the Tustin City Council held
on the 20th day of November, 2000.
5 JEC:~THOMAS, MAYOR
6
8~ ATTEST:
]2/CITY CLERK
15
16
18
].9
20
21
25
S:\MOU's\RESOLUTION TPOA MOU 00-03.doc
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
RESOLUTION NO. 00-83
SS
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 00-
83 was adopted at a regular meeting of the City Council held on the 20`h day of
November, 2000, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED
COUNCILMEMBER ABSENT:
,, j
~'~P'amela Stoker, City Clerk
~~~~
Thomas, Worley, Doyle, Saltarelli
None
Potts
None