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HomeMy WebLinkAboutCC RES 00-86 ]- RESOLUTION NO. 00-86 2 A RESOLUTON OF THE CITY COUNCIL. OF THE CITY OF TUSTIN, 3 CALIFORNIA, AMENDING THE COMPENSATION PLAN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS 5 AND CONDITIONS OF EMPLOYMENT 6 WHEREAS, the City Council has authorized and directed, under the provisions of the City of Tustin Personnel Rules and Regulations, Resolution No. 88-103, the preparation of a compensation plan for all employees in the municipal service of the City of Tustin; and 9 WHEREAS, Resolution No. 88-103 requires that amendments or 10 revisions to the compensation plan be approved by Resolution of the City 11 Council; and WHEREAS, the City of Tustin, hereinafter referred to as "City" and the Tustin Police Support Services Association, hereinafter referred to as "TPSSA", have met and conferred in good faith in accordance with the requirements of the Meyers-Milias-Brown Act; and 15 WHEREAS. the City and TPSSA have reached agreement on wages, salaries, fringe benefits and conditions of employment effective January 1, 16 2001 through December 31, 2002 as more particularly set forth in the Memorandum of Understanding; and ]7 18 NOW, THEREFORE, the City Council of the City of Tustin, California does hereby resolve as follows: 19 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 22 unappropriated General Fund Reserve Account to the appropriate Police Department salary and benefit accounts. SECTION 2. This Resolution shall become effective on January 1 '2z~ 2001, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. 28 S:\MOU'S\RESOLUTION TPSSA MOU 01-02.doc MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE SUPPORT SERVICES ASSOCIATION TERM: JANUARY 1, 2001 TO DECEMBER 31, 2002 TABLE OF CONTENTs Article 1. Represented Classes ........... .................................................................................... 1 Article 2. Compensation ..........................................................................................................1 Article 3. Uniforms ...........................................................................................................2 Article 4. B ngua Compensat on ...........................................................................................2 Article 5. Retirement ................................................................................................................2 Article 6. Overtime Compensation ...........................................................................................2 Article 7. Employee Life Insurance ..........................................................................................2 Article 8. Flexible Benefits Plan .................................................................................3 Article 9. Ret ree s Heath nsurance .......................................................................................4 Article 10. Bereavement Leave .................................................................................................4 Article 11.Holidays ............................................................................................... rtiole 42.Ge,era Leave .........................................:: ...................................::.....::.......: ......:....S Article 13. LTD Leave of Absence .............................................................................................6 Article 14. Compensatory Time .................................................................................................6 Article 15. Rest Periods ...........................................................................................................6 Article 16. Leaves .......................... . ..........................................6 Article 17. Stand-by Duty .............................................:.::.....:.:....::..,..::...,.:: .............................6 Article 18. Call Back Duty ..........................................................................................................7 Article 19. Tuition Reimbursement ............................................................................................7 Article 20. Work Schedule .......................................................................................................7 Article 21. LTD Plan .........................................................................................................8 Article 22. Shift Differential ..................................................................................................8 Article 23. Acting Pay ................................................................................................................8 Article 24. Lunch Pay ......... 8 Article 25. Training Pay .................... Article26. Classification Review & Salary Alignment ............................................... Article 27. Performance Evaluations .........................................................................................9 Article 28. Appeals and Hearings/Grievance Procedure ............................................................9 Article 29. Severance Pay and Assistance to Layoffees ............................................................9 Article 30. Family Leave ..........................................................................................................9 Article 31. Management R ghts Cause ....................................................................................9 Article32. ScoPe of Renegotiation at Conclusion of Contract .................................................10 Article 33. Due Process Rights ................................................................................................10 Article34. ApplicationofAgreement .......................................................................................10 Article 35. Gender 10 Article 36. Severability .......................... Article 37. Binding on Successors. ...........................................................................................10 Article 38. Ratification .............................................................................................................11 Article 39. Notices ...................................................................................................................11 Article 40. Subject to State Law ..............................................................................................11 Article41. ConclusionofAgreement .......................................................................................11 Article 42. No Change of Benefits ..........................................................................................11 Article 43. Membership Meetings ............................................................................................11 Article 44. Reopener ...............................................................................................................12 Article 45. Term of Agreement ............... ............................................................................... 12 Attachment A - Grievance Procedure Attachment B - Hearings and Appeal Procedure S:~vlOU's\TABLE OF CONTENTS TPSSA 01-02.doc MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES ASSOCIATION Calendar Years 2001 and 2002 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, hereinaffer ",City," the City's representatives have met and conferred in good faith with representatives of the Tustin Police Support Services Association, hereinafter "Association" pertaining to the subject of employee wages, benefits and conditions of employment; and WHEREAS, the meetings between the Association and City representatives have 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 said changes to the wages, hours, and conditions of employment. WITNESSETH WHEREAS the Association is the majority representative of City .employees in the representation unit, titled Police Non-Sworn, comprised of all full-time non-sworn, non- administrative, and non-management employees of the Police Department, City of Tustin for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative the Association is empowered to act on behalf of all employees in the unit, whether or not they are individually members of the Association. Article 1. Represented Classes. The classifications that corn prise the Police Non- Sworn Representation Unit are as follows: Communications Officer Property & Evidence Technician Community Services Officer Property & Evidence Leadworker Lead Communications Officer Police Support Specialist Parking Control Officer Police Support Leadworker Police Services Officer Article 2. Compensation. A. The base salary rates of represented classes shall be increased in accordance with the following: Effective January 1 2001 - All represented classes - Three percent (3%). Effective at the beginning of the pay period closest to January 1,2002, the salaries of all bargaining unit employees in the represented classifications shall be increased by four and one-quarter percent (4.25%). 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. S:~tOU'S\TPSSA 01-02~nal,doc Page 1 of 12 B. Resolution #88-103. SECTION 5. SALARY ADMINISTRATION, F. Salary in other Instances, (2) Salary on Promotion, shall be amended to provide that upon a promotion the employee shall receive a salary adjustment of at least 5%, provided that in no event shall the promoted employee's salary exceed the maximum of the range of the class to which he is promoted. Article 3. Uniforms. The City will provide a uniform maintenance allowance of two- hundred and fifty dollars ($250.00) annually for those employees required by the City to wear uniforms full time. An employee who wears a uniform half-time shall be compensated at fifty percent. an annual amount of one hundred and twenty-five dollars ($125.00) Article 4. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per month to employees in City designated positions who can demonstrate a skill in Spanish at the conversational level, or in another language which the City Manager has approved as being needed for City business. Should a conflict arise regarding designation of an employee for compensation, proficiency and need shall determine who is eligible. Management will determine where and when the need is greatest, and management will devise and administer a testing vehicle to determine degrees of proficiency. Article 5. Retirement. A. 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 seven percent (7%) 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 agreement. Employees serving in a classification covered by this agreement participate in the PERS 2% @ 55 Supplemental or Modified Formula for Local Miscellaneous Members Article 6. Overtime Compensation. All represented employees shall receive premium compensation of time and one-half for all approved overtime hours worked in excess of; (1) regularly scheduled hours per shift or (2) forty (40) hours worked in a seven (7) day work period. General Leave, Compensatory Time 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 compensation. Article 7. Employee Life Insurance. City will provide life insurance on each life of each regular, permanent full-fime, non-administrative non-confidential, non-management general employee of the City and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00 or one hundred percent (100%1 of the employee's base annual salary to the nearest multiple of $1,000.00. S:~MOU's\TPSSA01-02finaLdoc Page2of12 Article 8. 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. Employees who do not take medical insurance through the prog.r_am offered by the City shall receive $120 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 has medical insurance coverage comparable to coverage available through the City program. C. 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 of the contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following programs: 1. Medical insurance offered under the Public Employees' Medical 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 including restrictions as to the time when changes may be made in allocations to the respective programs. S:~vlOU's\TPSSA 01-02~naLdoc Page 3 of 12 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 right to change administrators for cause. Article 9. 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 PERS City contribution. TPSSA 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 10. Bereavement Leave. City will allow up to three (3) days with pay for the purpose of bereavement leave for all non-administrative, non-confidential, and non' management general employees of City in the event of a death in the immediate family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Article 11. Holidays. The following days shall be holidays for which full-time regular and probationary employees in permanent positions, will receive compensation either in pay or paid time off. January 1 New Year's Day Third Monday in February Washington's Birthday Last Monday in May Memorial Day July 4 Independence Day First Monday in September Labor Day November 11 Veteran's Day Thursday in November designated by the President or Governor as Thanksgiving Day. Thanksgiving Day Day following Thanksgiving Day Day after Thanksgiving Day Day before the Christmas Day Holiday Christmas Eve Holiday December 25 Christmas Day Day before the New Year's Day Holiday New Year's Eve Holiday S:\MOU's\TPSSA 01-02~na[,doc Page 4 of 12 A. When a holiday falls on a Sunday, the following Monday will be observed instead. When a holiday falls on a Saturday, the preceding Friday will be observed instead. During the term of this agreement when a holiday falls on a Friday that is not a workday the holiday will be observed on the following Monday. For each holiday, full-time regular and probationary personnel on shifts will receive eight (8) hours of General Leave for each day or equivalent pay, whichever, in the judgement of the Personnel Officer, best serves the interest of the City. Full-time regular and probationary personnel not assigned to shifts will receive paid time off; eight (8) hours for a day. If a non-shift employee's scheduled day off falls on the day of the holiday, he shall receive eight (8) hours pay for each day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his regular shift, credited compensatory time or general leave will be used to ensure that hours paid will be equal to what he would receive for his regular shift. B. On December 1 of each year, a regular and promotional probationary employees may request a cash out 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 one-half cash/one-half General Leave, This notification 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 overage shall be deducted from his/her final check. Article 12. General Leave. General leave with pay shall be granted to each full-time regular and probationary employee at the rate listed below per year, prorated on a bi- weekly basis for each bi-weekly pay ~eriod in which theemployee 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 A. 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. Dudng 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. S:~AOU's\TPSSA 01-02~nal.doc Page 5 of 12 B. An employee with less than six (6) 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 her/his illness, injury, or incapacitation due to pregnancy. If an employee uses advanced Leave and terminates prior to the completion of six (6) months of service, payment received for such Leave shall be deducted from his final paycheck. Article 13. LTD Leave of Absence. An employee receiving LTD benefits under the City's program will be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of one(l) year. Employees remaining on long term disability benefits longer than one year may receive a leave extension of up to an additional six [6) months with City Council approval. An employee on leave pursuant to this section shall be reinstated to his/her position held immediately prior to the disability leave, provided said position has not been eliminated due to a reduction in force, pursuant to receiving a release to return to unrestricted and unmodifled duty by the employee's attending physician.. Any unit employee on long term disability leave prior to implementation of this contract, pursuant to Article 13 of the previous TPSSA MOU, shall continue to be entitled to a leave of absence for a period of time not to exceed 2 years. Nothing contained in this Article is intended to conflict with orwaive employee rights under State or Federal law including the Americans with Disabilities Act. Article '14. Compensatory Time- Employees will be paid for all compensatory time in December of each year provided that an employee may retain a maximum of forty (40) hours in his/her account if notice of sucli desired retention is submitted to the City. Article 15. Rest Periods. During each work shift of at least eight (8) hours two (2) fifteen (15) minute rest periods will be scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no compensation will be provided for rest periods not taken. Article 16. Leaves. Resolution #88-103 will be amended to provide that needs of the employee will be considered in the granting of leaves of absence and employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. Article '17. Stand-by Duty. Employees assigned to stand-by duty shall be compensated at the rate of one (1) hour of straight-time compensation for each eight (8) hours of such duty. Such Compensation on Holidays shall be at the rate of two (2) hours of straight-time compensation for each eight (8) hours of stand-by duty. 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. S:~vlOU's\TPSSA 01-02~nal.doc Page 6 of 12 ' If a scheduled stand by is canceled and the 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. Article 18. Call Back Duty. Employees shall receive a minimum of two (2) hours overtime compensation (time and one-hal0 for any call which requires them to return to duty. Article 19. 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-timeemployeeswillbeeligibleforreimbursementofeligibleexpensesbytheOitY 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 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 courses. 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 Personnel Department of proof of successful completion of the course(s) and proof that payment of fees has been made. If an employee aftends both a community college and four year college or university in a calendar year the maximum reimbursement shall be $750.00. Article 20. Work Schedules. A. Subject to the conditions in this Article the City will continue the 9/80 work schedule, (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) for all employees except Communications Officers, Records Clerks or designated Police Services Officer who work either a 3/12.5 schedule, (in a 14-day work cycle there are 6 work shifts divided into 3 consecutive shift. segments with each shift consisting of 12 hours work time and 1/2 hour lunch period plus 1 work shift of 8 hours work time.and 1/2 hour lunch period) or 4/10 work S:\MOU's\TPSSA 01-02final.doc Page 7 of 12 schedule, (in a 7-day work cycle the employee works four 10-hour days where the scheduled work shift commences and ends at the same time each day, with three consecutive days off)or some other schedule upon mutual agreement of the City and employee. Continuation of the schedules are subject to needs of the City provided that if a 4/10 or 3/12.5 work schedule is discontinued, affected employees will be placed on the 9/80 schedule. Upon mutual agreement of the City and employee, schedules other than those defined herein may be implemented. B. Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. Article 21. LTD Plan. A. The ITT Hartford Long-Term Disability Insurance Plan in effect as of January 1, 1999 shall continue in fuI] force and effect during the term of this agreement unless changed by the mutual agreement of the City and Association. B. 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. C. Flexible benefits wi!l 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. Article 22, Shift Differential Any unit employee assigned on a regular basis (ten or more contin uous working days) to a shift that requires the employee to work hours after 8:00 p.m. shall receive a shift differential of twenty-five dollars ($25.00) per pay period. The right to assign and/or reassign an individual to a particular shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the grievance and/or discipline appeals process. Article 23, Acting Pay. An employee assigned to work in a classification paid more than the classification he/she holds will receive a pay rate which is at least 5% higher than the rate he/she is normally paid. This rate will be paid after the employee has been ~n the assignment for thirty (30) consecutive calendar days. Article 24, Lunch Pay, An employee required to work through his/her lunch shift shall complete his/her timecard and all necessary paperwork so that the employee receives the appropriate pay for time worked pursuant to the Fair Labor Standards Act. Article 25, Training Pay, The parties will meet and review market comparison data on how training is compensated in the survey cities. 8aid review shall be completed by March 30, 2001. S:~vlOU's\TPSSA 01-02~nal.doc Page 8 of 12 Once the review is complete, TPSSA may request the reopening of the meet and confer process on the subject of training compensation for non-lead positions. Article 26. Classification Review & Salary Ali~qnment. The City shall conduct an analysis of the the classification of Property & Evidence Leadworker to determine proper internal alignment by MarCh30, 2001. Once the analysis is complete, TPSSA may request the reopening of the meet and confer process on the results of the City's findings. The classification of Property & Evidence Leadworker shall be paid at least 15% above his/her highest paid subordinate. Article 27, 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 restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 28. Appeals and Hearings/Grievance Procedure. AttachmentA is a Grievance Procedure and Attachment B is an Appeals and Hearings Procedure. These procedures shall supersede any conflicting provisions of City Resolution #88-103. Article 29. Severance Pay and Assistance to La¥offees. A. Severance pay of one week per year of service subject to a maximum of 4 weeks pay, will be provided to employees who are laid off and not offered employment through an agreement between a contractor and the City of Tusfin~ B. Letters of recommendation will be provided for employees whose performance was satisfactory on the date of their layoff. C. Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Article 30. Family Leave. Consistent with requirements of the Family Medical Leave Act employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of attending to personal or family illnesses. During the leave employees will continue to receive City medical contributions. For all other purposes, FMLA leave shall be treated the same as other unpaid leaves of absence. Article 3'1. Mana.qement Ri.qhts Clause. Except as otherwise specifically provided in this resolution, the Personnel Rules & Regulation and Department Regulations, and amendments and revisions thereto, will remain in force and effect, whether exercised or not, and they are the sole and exclusive rights and functions of management, including, but not limited to: S:~vlOU's\TPSSA 01-02~naLdoc Page 9 of 12 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 Df 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. Article 32. Scope of Rene.qotiation at Conclusion of Contract All the 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 term of this agreement, and may thereafter be included in the meet and confer process at the request of either party. Article 33. Due Process Ri.qhts. Due process rights mandated by California statutes or judicial direction will be observed in the taking of the disciplinary actions as contemplated in City Resolution #88~103, SECTION 8. ATTENDANCE AND LEAVES, A. Attendance. (4); SECTION 9. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT, C. Demotion., D. Suspension; and SECTION 10. SEPARATION FROM THE SERVICE, A. Discharge. and D. Disability. Article 34. Application of A.qreement The parties agree thai the term "employee" whenever used herein, whether singular or plural, means and applies only to those employees of the City included within the representation unit, represented by Association, and that this Memorandum covers only said employees. It is not solely limited to the members of said Association. Article 35. 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 36. Severability. If any part of this Memorandum is rendered or declared invalid by reason c~f any existing or subsequently-enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this Memorand um shall not render invalid the remaining parts hereof. Article 37. 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 ~n any way whatsoever by the consolidation, merger, transfer or assignment of either party hereto. S:~vlOU's\TPSSA 01-02~naLdoc Page 10 of 12 Article 38. Ratification. This memorandum contains all the terms and conditions agreed to between the parties. The memorandum shall be of no force or effect unless and until duly approvedi adopted, ratified, and agreed to by the City Council of City, or in alternative, that all of the substantive provisions contained herein are adopted by Resolution of the City Council. Article 39. Notices. Notices hereunder shall be in writing, and if to the Association, shall be mailed to the Tustin Police Support Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780; and, if the City, shall be mailed to City Manager, City of Tustin~ 300 Centennial Way, Tustin, CA 92680. Article 40. Subject to State Law. Any provisions contained in this agreement to the contrary notwithstanding, the parties expressly understand and agree that City shall not be required to provide any compensation, fringe, or other benefits to. employees which are contrary to any provisions of State law and/or which will or may result in any limitation, disability or restriction upon the right of City to receive funds, share in funds, and/or receive other benefits from the U nited States of America, State of California or any subdivision or agency of either of them or any other political subdivision or entity. Article 41. 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 City as well as the Personnel Rules and Regulations presently in effect. Therefore, for the life of this Agreement, the City or Association. shall not be compelled to meet and confer concerning any mandatory meet and confer issue, whether specifically met and conferred upon 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 ~nutual 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. Article 42. No Chan.qe of Benefits. During the term 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 43. Membership Meetin,qs. Each Association member shall be entitled to two (2) hours per calendar year of paid release time for membership meetings. These meetings are in addition to the Memorandum of Understanding ~atification meetings allowed the Association. The Association shall provide a minimum of two (2) weeks advanced notice to the City of such meetings. The two (2) hours per calendar year of release time shall be used in one (1) hour increments and will be non-cumulative for the next calendar year. S:~MOU's\TPSSA 01-02final.dec Page 11 of 12 ..Article 44. Reopener. The Association reserves the right to reopen the meet and confer process regarding shift differentials if schedule changes in the Police Department result in additional employees working more than 50% of their time during the period from 6:00 P.M. to 6:00 A.M. Article 45. Term of A.qreement, The term of this agreement shall be from the date of its execution to and including December 31, 2002. IN WITNESS WHEREOF, the parties hereto have executed this document this day of ,2000. CITY OF TUSTIN TUSTIN POLICE SUPPORT SERVICES ASSOCIATION BY BY William A. Huston, City Manager Kathy McDermott, President Arlene Marks, Director of Human Resources Steven Rodwell Ron Nault. Director of Finance Adrianna Tokar Fred Wakefield, Captain S:~MOU's\TPSSA 01~02~nal.dbc Page 12 of 12 Attachment A GRIEVANCE pROCEDURE Isnuary 1999 I. ESTABLISHMENT These procedures are established to provide for the resolution of grievances of emp]oyees, employee representatives and management. II. - LIMITATIONS The procedures set forth in this Section shall apply to all grievances involving employees, employee orga_nizatio'n representatives and rnanagemem. Excluded from this procedure are grievances related (1) The amendment or change of City Council resolutions, ordinances or minute orders, which do not involve provisions of a Memorandum of Understanding, Personnel Rnles and Re~alations or other a~eements bem'een the City and employee organization. (2) Position classification.. llI. DEFENrlTIONS (1) Grievance: An expressed claim that there has been a violariot., misinterpreta~ion, or misapplication of a provision of the Personnel Rules and Regularions or Memorandum of Understanding, or a violation or potential ~iolation of siam or federal law. (2) Grievant: An employee, member of City management or an authorized representative of the employee organization who is alleging a violation, misinterpretalton or misapplica~fion of a provision of the Personnel Rules and Regulations, an a~eement benveen the City and employee organization, Memorandum of Understanding or violation or potential violarion of siam or federal law. (3) Grievance Procedure: The process by which the validity of a grievance is determined and resolution effected. (4) Unless .otherwise indicated, "day or days" when used m this section shall be calendar day(s). iV. pROCEDIfR-E Step 1. The m-levant shall file his/her m-ievance within ten (10)_ days after the _m-levant knew, or in the exercise ~freasonable diligence sl~uld have known, of the events gi,,ing rise m the grievance. The grievmnt shall state the facts necessary to an understanding of the issues involved; re~aln from including any re:related charges; cite the sections of the City resolutions, agreement, memorandum ofmnderstancting or rules alleged to have been violated arid the remedy sought. if[he grievam is an employee, he/she shall submit the grievance form to his/her irm-nediate supe~isor, provided that if[he employee suspects or has proof that a federal or stme law is being violated or is about to be violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by management and grievances submitted by employee organization representatives that involve issues potentially impacting the organization's rights or membership as a whole shall be filed at Step 3. Step 2. If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar days after receipt of the supervisor's response, submit the grievance to his/her Departm. ent Head. After receipt of the grievance, the Department Head will meet with the grievant and make such investigation as is required. Within ~en (10) days of his/her meeting with the g-nevan~, the Deparument Head shall inform the grievant of his/her decision. Step 3. If the grievance is not satisfactorily resolved in Step 2, or in the case ofmanagemem and employee organization grievances, the grievant may submit the g~ievance to the City Manager. Employee ~zrievances are to be submitted within ten (10) days of receipt of the Department Head's decision. Such submission shall include the original of the grievan6e form and a written statement of any issues which are in dispute. The City Manager has the sole discretion to hear the grievance him/herself or appoint any City management/supervisory employee (except the employee's Department Head), or an arbiter, as defined in the Hearing and Appeals Procedures, to hear the g-rievance and submit a recommendation as to resolution of the ~m-ievance. Upon the request of the employee organization that an arbiter hear the grievance the City Manager shall honor the request with the ~m-ievance then being treated as an appeal to be processed in accordar~ce with the Hearing and Appeals Procedures. V. GENERAL PROVISIONS (1) Prior to ~iling a grievance, the potential grievant shall discuss the issues of concern with the person or organization representative suspected as having violated provisions of the Personnel Rules and Regulations or Memorandum of Understanding. Upon a showing of good cause to the Personnel Officer, such discussion may be waived between an employee and his/her immediate supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate.actions of the supervisor form the basis for the grievance and the employee has reasonable cause to believe that the supervisor would not be objective.' (2) An employee may obtain a ii~rievance form from his/her supervisor or th~ personnel department. All documents, communications, and records dealing with the processing of grievances shall be filed separately from personneI files. (3) No retribution or prejudice shall be suffered by employees making use of the _m'ievance procedure by reason of such use. (4) Failure by management at any step of this procedure m communicate their decision on the grievance within the speci:fied time limits shall pernn't the _m'ievant to proceed m the next step. A-2 (5) An employee or mmnsgement ~Hevant shall b~ ~ntitled to be present at ai] steps of the procedure. (6) Failure by the _mievant to appeal a dec{sion on a :erievance within.the specified ime iirr~ts shall be deem ed acceptance of the decision rendered. (7) The time limits specified at anyste]D in this procedure may be extended or reduced by writIen agreement of the ~zdevant and an authorized management representative. ]Employee R~,presentatinn (1) An employee may represent him/herself or he represented by a representative of the employee organizau on. (2) If an employee chooses not to be represented by the employee organization and the subject of the grievance involves MOU or other provisions which have been negotiated bernleon the City and the employee organization, the orgsnization may have staff representatives present beginning with Step 3, and shal] have the right to present the organization's interpretatbn of the provisions at issue. Such presentation shall not include comments regarding the merits of _ the :odevance. C~ev-pro99-fin A-3 Attachment B HEARINGS AND APPEALS PROCEDL?,-ES I. pilE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS A. Pre-discip]inarV Hearings. An employee who has ansined a regnl]ar appointment shall have the fight to a pre-disciplinary hearing before his/her Department Head or desi_maee whenever the employee may be subject to a demotion, non-emergency suspension, or non-emergency dismissal. tn the event of an emergency suspension or dismissal a heming v,d]] be'conducted by the Depmtment Head or designee as soon as practicable after the action has been tsl<en. B. Procedure for Pre-discip]inarv Hearings. Notice of a proposed disciplinary action shall be provided' to the employee including a statement of the proposed action, the reasons therefor, and a copy of the charges and materials upon which the action is based. The emp]oye? shall have ten (10) days to respond orally, in vcfiting, or both to the charges. Witin ten (10) days of the erap]oyee's response, s/he will be advised in ~fiting of the City's decision. If the disciplinary action is upheld, the employee v, dlI receive a Notice of Disciplinary Action stating the action taken, 'the reasons therefor, and the employee's right to appeal. C. Post-Discioline ApoeaL Within ten (10) days affer receiving the Notice of Disciplinary Action the employee may appeal the action in writing zo the City Manager. D. Effective Date of DisciDIinarv Action. The availab~ity of appeal rights or the filing of an appeal shall not be interpreted as staying the effective date of a disciplinmy action stated in the Notice of Disciplinary Action. In the event of a termination, the employee shall cease m be an employee of the City on the effective date of the termination. E. Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s). APPEALS PROCEDURE A. If a timely appeal is filed as provided in the GRIEVANCE PROCEDUR~ or PRE- DISCPLINAKY HEARINGS AND DISCIPLINAKY APPEALS the Cky Manager may hear the appeal or appoint any City management/supervisory ernp]oycc or arbiter to hear the appeal. B. An "arbiter" is a person with experience acting as a hemming officer on public employment issues. Any hearing conducted by an arbiter shall not be considered an arbitrauon as defined in Civil Code Section 1281.6 C. In the event that the employee organization requests that an arbiter hear the appeal, such a request will be honored. The arbiter shall be chosen from a panel of 3 arbiters which shall consist of 1 arbiter selected by the Association, 1 selected by the City and 1 selected through a drawing involving 6 names of arbiters; 2 chos~ by the association and 3 chosen by the City. The panel shall be used for all hearings conducted dm-ing the term of this agreement un]¢ss chanEed by mutual aEreement of the City and Association. The ~]rst panel arbiter to be used will be selected by a ~awjn~; iereafter the bas~s of selection ~i]l be rotation w~ the first arbiter placed ~n the number 3 position. D. If ~e appeal {s heard by anyone other than ~¢ C{~ ManaE~r, the h¢~n~ off~csz shall submit a ~ r~o~ oufiin~nE his~er fmd~Ss, concl~ions, ~d r¢comm~dations is ~ Ci~ Manager. E. Wi~ ten (I 0) days of the re~eip~ of te heating of~ccr's rcpo~ or te =onclusion of the hegg if it was conducted by ~c Ci~ M~ag~ or Ns~er Ci~ appointee ~e Ci~ M~nager shall pro~dc hister ~tten decision to ~e employee. HEgGS A. gere practicable, ~c ate of ~e he~g shall not be less ~ ~cn~ (20) days, nor more ~m sk~ (60) days, from ~e date of ~c ~l~g of ~c appeal ~ thg. Ci~ Mmagcr prodded ~at ~c pa~es may 'a~cc to a longer or shower period of time. B. ~1 heggs ~volgg disciplinW action against m employee shall be closed to ~e public unless ~c affected employee requcgs ~ai ~c he~g be open ~o ~e public. C. ~e h=~ng need not be conducted in accordrace ~i teeMteal roles relating ~o c~qdencg gd ~esses. gy rclevmt e~dence sh~l be a~gd if it is ~e so~ of c~d~ce on ~i~ch reaso~blc p~so~ ~c acc~mmed to rely ~ ~ conduct ofs~ous gf~s, regardless of~e existence of my cogon law or smmto~ role which migh~ make ~proper a~ission of sudn c~dencc over objection m ci~l actions. Hearsay e~dgnce may be used for ~ p~ose of supplementing or explg~g my d~gct evidence but s~ll not be suScient in i~glf~o suppoa a gd~g ~ess it would be a~ssiblc owr objec~on m ci~l actions. ~ ~es of p~lege shall be cffcc~v~ to ~e sine extent ~t ~cy ~c now or hereafter may be rcco~zed ~ ci~ md ~ml ac~om, ud ~elcvmt md md~y rcpc~fiom e~d6nce sMl] be elcludcd. ~c h~gg o5c~ shall not be bored by tccMical roles of e~dcnce. ~e he~g officer shall Me on ~ a~ssion ~d excl~ion of e~dencc. D. Bach p~ shM1 have ~ese tights: To be represented by legal comscl or o~er person of his~ choice; ~o c~] and cxmine ~messes; m intoduct evidence; ~o cross-examine oppos~g ~messes; to ~peach any ~mcss rcg~dless of which pW fgst called h~ ~o te~; gd to rebut ~c e~d~cc aga~st hi~. If te' rc~onden~ does no~ ~esn~ m h=r~s ogbehag, s~e maybe called and examined as if ruder cross-cxma~on. ~al c~dm=c sh~l b~ ten o~y on oa~ or af~ma~on. Upon ~c mull ageemcnt of ~c p~cs a corn rcpo~ ~H be ~gagcd to r~cord ~e hc~g prodded ~at eli= p~ may ~gagc a rcpo~ ~ ~e md=sm~ng ~g ~erc ~tI be no cos~ ~o ~e E. ~e hcm~g sh~l proceed ~ ie folloWrig order, ~css ~e h~gg officer, for special reasons, o~se d~ccts: . (1) ~en~g statements sMll be pemittcd ~$ tc compla~a~ protecting f~s~. (2) ~ ~e presentation of cases, $c p~ bea~ng the b~den of proof shall rage ~ ~st 7es~m~on. ~wimcsses ge ca~d, ~e opposing p~ shall have ~e ~ ~o cyoss-exmine ~c ~messes on my ~er telCyst to te issues, even ~ou~ ~t ma~er w~ nol cov=ed on d~cct exm~ation. B-2 (3) The partles may then, in order, raspective]y offer rebuking evidence only, unless the hearing officer for good reason, permks them to offer evidence upon their original case; (4) Closing arguments and written briefs shall be permitted. (5) The hearing officer shall determine the re]evsncy, weight, and credibility of : testimony and evidence. S/he shall base his/her findings on the preponderance of evidence. During the exmnination of a w~mess, aI1 other withasses, except the parties, shall be excluded from the hearing unless the hearing officer, for good cause, otherwise ~irects. No still 'photographs, moving pictures, or te]evisinn pictures shall be taken in the hes~ng chamber during a hearing. The hea~ng officer, prior to or during a hem-ing, may grant a continuance for any reason s/he believes to be importrant to reaching a fair and proper decision. (6) The hearing officer shall have no authority m ranend, alter, or modify a Memorandum of Understanding or any.sections of the City Personnel Rules and Regulations .and shall limit his/her recommendations to the interpretation and application of the Memorandum of Understanding(s), agreement at issue and/or the City Personnel Rules and Regulations. (7) tn appeals from disciplinary actions the heroine officer may recommend sustah~jng, rejecting or modifying the disciplinary action provided that s/he may not recommend discipline more sIfingent than thai invoked by the City. F. The hearLug officer's findings, conclusion and recommendations shall be filed with the City Mannaget, with a copy sent to the appellant and the Personnel Officer. The City Mmnager, in his/her sole discretion, may hear lin'jtcd oral argnlrncnts and/or request written smzemenus from either party on the hearing officer's findings, conclusions, and recommendations.. The City Manager shall inform the appellant of his/her decision regarding the appeal within ten (10) days of the conclusion of the heazing or if the appeal is heard by a heroine ofl]cer other than the City Manager, wiffin ten (10) days of the receipt of the hearing officer's report. The decision of the City Manager regarding the appeal shall be the final szcp in the admirdstrative appeal process. However, any disciplinary ac~on is deemed final as of the effective date. Copies of the City Manager's decision, including the heroine officer's report shall be filed where appropriate, including the employcc's personnel file. G. Ifthe aPPeal is heard by an arbitcr the arbiter's fccs and expenses, includingthccostofa written t~-,~nscript, wiH be djvided equally between the City and appellant provided tl~t each parry shall be responsible for compensating its own witnesses and purchasing its own copy of the :~zitten zranscript. If either parry unilaterally cancels or postpones a scheduled hearing thereby resulting in a fee charged. by the. arbiter or court reporter, the pm'ty responsible for the cancellation or postponement slnall be solely responsible for payment of the fee.. The arbiter shall submit his/h~r bills for services to the pm-ty which is obI~md to pay them pursuan~ to this section. H. Subpoenas and subpoenas duces teeran pertaining tn the heming shall be issued at the request of either party, not less than ten (10) days prior to the commencement of the hcming; after commencement, subpoenas shall be issued only at the discretion of the hcm-ing officer. I. The ~irne limits specified at any step in ll-js procedure may be extended or reduced by written agreement of the grievant and an authorLzcd managemen~ representative. B-3 1[ Passed and adopted at a regular meeting of the Tustin City Council held on the 4th day of December, 2000. 5 JF__~F~IC~'A~Vl. THOMAS MAYOR 6 8 ATTEST: 9 10 1] CITY CLERK 3z~ 35 36 1_? 18 39 28 S:\MOU'S\RESQLUTIQN TPSSA MOU 01-02.doc City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 00-86 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- 86 was adopted at a regular meeting of the City Council held on the 4th day of December, 2000, by the following vote: COUNCILMEMBER AYES: Thomas, Doyle, Potts, Saltarelli COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAI NED: None COUNCILMEMBER ABSENT: Worley Pamela Stoker, City Clerk