HomeMy WebLinkAboutCC RES 04-18
RESOLUTION NO. 04-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLAN FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BE1WEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS ASSOCIATION,
MANAGEMENT UNIT, 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, Resolution No. 88-103, the
preparation of a Classification and Compensation plan for all employees in the
municipal service of the City of Tustin; and
WHEREAS, Resolution No. 88-103 requires that amendments or revisions to the
compensation plan be approved by Resolution of the City Council; and
WHEREAS, the City of Tustin, hereinafter referred to as "City" and the Tustin
Police Officers Association - Management Unit, hereinafter referred to as "TPMA",
have met and conferred in good faith in accordance with the requirements of the
Meyers-Milias-Brown Act; and
WHEREAS, the City and TPMA have reached agreement on wages, salaries,
fringe benefits and conditions of employment effective February 2, 2004 through
December 31, 2004 as more particularly set forth in the attached Memorandum of
Understanding; and
NOW, THEREFORE, the City Council of the City of Tustin, California does
hereby resolve as follows:
SECTION 1. The Memorandum of Understanding, effective February 2, 2004, is
hereby approved and incorporated herein by reference as Exhibit "A" as though fully set
forth herein, and staff is authorized to amend the City's classification and compensation
plans accordingly.
SECTION 2. This Resolution shall become effective on February 2, 2004, and all
Resolutions and parts of Resolutions in conflict herewith are hereby rescinded.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting held on the 2nd day of February, 2004.
Resolution No. 04-18
Page 1 of 23
f~l~
TONY KAWtSHIMA,
Mayor
ATTEST:
~
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 04-18 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of
February, 2004 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
KAWASHIMA, BONE, DAVERT, HAGEN, THOMAS
NONE
(5 )
(0)
(0)
(0)
NONE
NONE
~ cOo ~
PAM LA STOKER, .
City Clerk
Resolution No. 04-18
Page 2 of 23
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS' ASSOCIATION
POLICE MANAGEMENT REPRESENTATION UNIT
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TERM: FEBRUARY 2,2004 TO DECEMBER 31,2004
Resolution No. 04-18
Page 3 of 23
, ,_0,' ,
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Article 28.
Article 29.
Article 30.
Article 31.
Article 32.
Article 33.
Article 34.
Article 35.
Article 36.
Article 37.
Article 38.
Article 39.
Article 40.
Article 41.
Article 42.
Article 43.
Resolution No. 04-18
Page 4 of 23
TABLE OF CONTENTS
Recognition.............................................................................................1
Salary......................................................................................................1
Bi-lingual Pay..........................................................................................3
Educational/POST Incentive Pay............................................................ 3
Attendance..............................................................................................4
Retirement Plan ......................................................................................4
Social Security ........................................................................................5
Paid Leave..............................................................................................5
Shift Differential ......................................................................................8
Payroll Deductions..................................................................................8
Calendar Year 2004 - 27 Pay Periods ....................................................9
No Strike/Job Action ............................................................................... 9
Uniform Allowance..................................................................................9
Standby Duty ..........................................................................................9
Call-Back Duty ......................................................................................10
Deferred Compensation........................................................................ 10
Court Pay Provisions ............................................................................ 10
Rest Periods and Lunch Breaks ........................................................... 10
Overtime Compensation ....................................................................... 10
Employee Life Insurance ......................................................................11
Flexible Benefits Plan ........................................................................... 11
Probationary Period ....................................,.........................................12
Probationary Rejection..........................................................................12
Layoff Procedure .....................................,............................................12
Consolidated Omnibus Budget Reconciliation Act of 1985................... 13
Retiree's Health Insurance.................................................................... 13
Long-Term Disability (L TD) Plan........................................................... 13
Tuition Reimbursement.........................................................................13
Performance Evaluations......................................................................14
Work Schedules....................................................................................14
Management Rights Clause.................................................................. 15
Administrative Regulations ...................................................................15
Application of Agreement...................................................................... 16
Gender..................................................................................................16
Severability ...........................................................................................16
No Change of Benefits.......................................................................... 16
Employee Rights...................................................................................16
Binding on Successors ......................................................................... 17
Entire Agreement..................................................................................17
Amendments.........................................................................................18
Notices..................................................................................................18
Ratification ............................................................................................18
Term of Agreement...............................................................................18
MEMORANDUM OF UNDERSTANDING
POLICE MANAGEMENT REPRESENTATION UNIT
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS' ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code Sections
3500 et.seq. and Section 17 of the Personnel Rules and Regulations of the City of Tustin,
City representatives have met and conferred in good faith with the Tustin Police Officers'
Association pertaining to the wages, hours, benefits and conditions of employment for
employees in the Police Management Representation Unit; and
WHEREAS, the meeting between the Association and City representatives has resulted in an
agreement and understanding to recommend that the employees represented by the
Association accept all of the terms and conditions as set forth herein and that the City
representatives recommend to the City Council that it adopt by resolution or resolutions the
changes and additions to the wages, hours and conditions of employment for the police
management employees as set forth herein.
WITNESSETH
Article 1. Recoanition.
The City has previously recognized the Tustin Police Officers' Association as the majority
representative of employees in the Police Management Representation Unit for purposes of
representation on issues of wages, hours and other terms and conditions of employment. As
majority representative, the Association is empowered to act on behalf of all employees who
hold positions in classes in the Police Management Representation Unit whether or not they
are individually members of the Tustin Police Officers' Association. The classifications
constituting the Police Management Representation Unit are Police Lieutenant and Police
Sergeant.
Article 2. Salary.
The salaries of all bargaining unit employees in the classifications of Police Lieutenant and
Police Sergeant shall be increased and placed on a range effective with the pay period
beginning February 9, 2004 as follows (salaries are indicated on a monthly basis):
A
$7,077.81
Police Lieutenant - Range 836
BCD
$7,440.23 $7,821.21 $8,221.70
E
$8,642.69
A
$6.047.60
Police Sergeant - Range 773
BCD
$6,357.26 $6,682.79 $7,024.99
E
$7,384.71
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Resolution No. 04-18
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The preparation of the City's compensation plan as described in Section 4 of the Personnel
Rules and Regulations shall be subject to the meet and confer process with the Tustin Police
Officers Association - Management Unit.
Pavrollissuance
All Bargaining unit employees shall receive their regular salary paid Bi-weekly.
Salarv Review Dates
All bargaining unit employees shall have as a salary review date the date upon which he or
she shall next be eligible for consideration of a merit step increase. Any approved leave of
absence exceeding thirty (30) days may result in the establishment of a new review date.
Such date shall be based on the existing salary review date plus the number of calendar days
of leave of absence in excess of thirty (30) days.
Normal Increases Within the Salarv Rance
All bargaining unit employees may be considered eligible for increases in salary according
to the following:
1.
The letters A, B, C, D and E respectively. denotes the various progressive steps
in the pay range.
Employees shall be eligible to move from salary step "A" to salary step "B" upon
completion of six months of employment where the employee has
demonstrated satisfactory performance.
2.
3.
Employees shall be eligible to move from salary step "B" to_salary step "C" and
thereafter to each step through the final salary step in the employee's salary
range upon completion of one year at the salary step where the employee has
demonstrated satisfactory performance.
4.
For all employees eligible to advance between salary steps the Department Head
shall submit to the Human Resources Department a written evaluation and
recommendation to approve, delay, or deny the advancement. All
advancements between salary steps are subject to approval by the Human
Resources Director.
Salary on Demotion. Transfer or Reassianment
1.
All bargaining unit employees subject to an involuntary demotion shall have their
new salary set at the highest step for the classification demoted to closest to the
salary at the time of demotion minus five percent (5%). In the event the
involuntary demotion occurs during a promotional probationary period, and the
employee returns to hislher prior classification, the employee shall have his/her
salary set at the same step earned prior to the promotion. Demoted employees
shall be eligible for their next merit increase at their next salary review date, which
existed prior to demotion.
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2.
Employees being demoted pursuant to .Y" rating agreement between the City and
TPOA may, by mutual agreement of the parties retain their current salary level for
two (2) years or until such time as the salary range for the classification demoted
to becomes equal to or greater than they .Y" rated salary. Said employees shall
retain their existing salary review date.
3.
An employee who is demoted shall not be required to serve a new probationary
period except that if demoted to a class in which the employee has no previous
experience a probationary period of one year will be required.
An employee who is transferred shall continue to receive the same salary rate and
the salary review date shall not change.
4.
Whenever a classification is reassigned to a higher salary range, the salary of
each incumbent on the effective date of the reassignment shall be increased to
the corresponding step in the new range and the salary review date shall not
change.
Article 3. BI-lInaual Pay.
5.
Unit employees who successfully pass the City's examination for conversational skill, in a
language other than English (which the Human Resources Director has approved as being
need for City Business), are eligible to receive $100 per month ($46.15 per pay period) as a
bi-lingual pay incentive. Individuals are eligible to receive bi-lingual pay at the beginning of
the first pay period after Human Resources receives the employee's test score demonstrating
conversational proficiency. Unit employees who occupy the classification of
Sergeant/Lieutenant on February 2, 2004 are immediately eligible for the incentive pay
without testing if they earned such pay previously as a Tustin Police Officer. Should a conflict
arise regarding designation of an employee for compensation, proficiency and/or need the
Human Resources Director shall determine who is eligible. The City is responsible to
develop and administer a testing vehicle to determine proficiency.
Article 4. Educational/POST Incentive Pay.
Unit employees are eligible to receive Educational/Post Incentive Pay at the beginning ofthe
first pay period after Human Resources receives and certifies the employee has met all of the
eligibility requirements.
To apply for Educational/Post Incentive Pay an employee must be actively at work, provide
official documentation of the required degree (AA, BA or BS) and provide a copy of the
applicable POST certificate (Advanced POST, Supervisory POST or Management POST)
and have completed any applicable service requirements. Human Resources will develop a
checklist form. Unit employees will be receive Educational/POST Incentive pay effective with
the pay period beginning February 9. 2004 based on the documentation currently on file with
the Professional Standards and Training Division.
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Resolution No. 04-18
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Educational/POST Incentive Pay requirements are as follows:
Lieutenant
AA + Advanced POST
BAlBS+ Supervisory POST
BAIBS + Management POST
$150.00/month ($69.23 per pay period)
$300.00/month ($138.46 per pay period)
$400.00/month ($184.61 per pay period)
Seraeant
AA + Advanced POST $150.00/month ($69.23 per pay period)
BAIBS + Supervisory POST $300.00/month ($138.46 per pay period)
BAIBS + Supervisory POST + 4 years as a SGT $400.00/month ($184.61 per pay period)
Article 5. Attendance.
All bargaining unit employees shall be in attendance at work in accordance with the rules
regarding hours of work, holidays, and leaves,
Any employee who is absent from duty shall report the reason for such absence to the
Department Head or immediate supervisor prior to the absence as much in advance as
possible and in no case later than two (2) hours before the beginning of the employee's
scheduled work shift. Absences not reported in such manner may be considered absence
without leave. A deduction of pay may be made for the duration of any absence without
leave. Upon return to work, such absence shall be justified to the Department Head who
shall consider the need for disciplinary action or to approve the absence as unavoidable and
allow the employee to make up the lost time or cover it with general leave.
Failure of an employee absent without leave and without reasonable cause to report to work
for three (3) consecutive scheduled work days may be cause for immediate discharge.
Continuous service for advancement within salary range shall be considered as interrupted if
the employee experiences a leave of absence without pay in excess of thirty (30) calendar
days. No absence with pay shall be considered an interruption of an employee's continuous
service and shall not be deducted in computing total city service time.
Article 6. Retirement Plan.
All employees covered under this Agreement shall be members of the State of California
Public Employees' Retirement System (PERS) and are subject to all applicable provisions of
the City's contract with PERS, as amended.
During the term of this Agreement, the City shall pay, on behalf ofthe employee, nine percent
(9%) of the employee's reportable compensation to PERS in accordance with the City's
contract with PERS.
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Effective July 1, 2004 the employer rate for PERS will be 32.802%. In the future, should the
PERS employer rate exceed 32.802%, the employee and the City will cost share on a 65%
City I 35% employee basis any increase above 32.802% (i.e., if the rate is 34.802%, the
excess is 2% - the City will be responsible for 1.3% and the employee will be responsible for
.7%) Any contribution required of the employee will reduce the City's 9% contribution, which
is currently being made on behalf of the employee, and such contribution will be paid though
payroll deduction from the employee's earnings. The employee cost sharing contribution
shall not exceed 3.15%. The City will notify employees of any required contribution to PERS
when it reviews it annual notice of rates from PERS.
The PERS plan in effect for Safety Members is the 3%@ 50 formula for Local Safety
Members. The plan has been amended to include Section 21574 (Fourth Level of 1959
Survivor Benefits, Section 20042 (One-year Final Compensation), and Section 21024
(Military Service Credit as Public Service).
All employees shall pay 100% of the monthly cost for the 1959 Survivor Benefits, in addition
to the $2.00 monthly cost for the Basic Level 1959 Survivor Benefit.
Article 7. Social SecuritY.
In the event the City and its employees are required to participate in the Federal Social
Security Program. the contributions designated by law to be the responsibility of the
employee shall be paid in full by the employee and the City shall not be obligated to payor
"pick up" any portion thereof.
Article 8. Paid Leave.
A.
General Leave
1.
Each employee accrues general leave in accordance with the following:
Periods of Service
0-5 years
6-10 ""
Over 10 ""
General Leave Hours Per Year
160
208
248
2.
The Police Chief may annually grant an additional eight (8) hours of general
leave to each employee whose performance is satisfactory.
3.
In April of any given year an employee may request that he/she be paid for a
maximum offorty (40) hours of general leave. eighty (80) hours if the employee
has six (6) or more years of City service. The employee shall receive payment
for the requested hours in the following month of May. Such General Leave
cash out shall be reported to PERS as special compensation pursuant to
California Code of Regulations Section 571 (1) Incentive Pay - Off-Salary.
Schedule Pay.
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4.
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.
5.
Pay in lieu of general leave will be granted upon termination of City
employment or upon a finding of hardship by the City Manager.
6.
The taking of general leave for reason other than non-job related illness or
injury must be approved by the Department Head and due regard shall be
given to the employee's preference in scheduling such paid leave time.
B.
Administrative Leave
Lieutenant's shall receive an annual credit of forty (40) hours of administrative leave
which may be used only as paid time off during the year in which it is credited.
Subject to guidelines established by the City Manager, the Police Chief may grant up
to an additional forty (40) hours.
On February 8, 2004, Sergeants who received administrative leave in January 2004
shall forfeit, in full, all administrative leave previously provided. In the event any
portion of the administrative leave previously granted has been used, the employee
shall forfeit an equivalent amount of general leave to replace the amount of
administrative leave time used.
C.
Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July4
First Monday in September
November 11
Thanksgiving Day
Day after Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
When a holiday occurs on a Sunday, the following Monday will be observed instead.
When a holiday occurs on a Saturday, the preceding Friday will be observed instead.
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.,-,...--..-,-.
For the designated holidays, employees are eligible for nine (9) hours of paid time off
for each full day. Unless operational needs, as determined by the Police Chief,
require that the time be taken at some other date the time off will be taken on the
scheduled holiday.
If the holiday hours paid on a holiday or substituted day off are less than the
employee's regularly scheduled hours the employee may use accrued compensatory
time or general leave to ensure that houri paid will be the same as would regularly be
paid for the day.
In December of each year, each regular and promotional probationary employee may
request a cash out of his/her holiday credit for the following year in lieu of having time
off. The employee must have general leave accrued in an amount equivalent to the
holiday cash out requested to be eligible for full payment of the advanced holiday
payment in January. In the event the employee does not have the required hours in
his/her General Leave bank, pursuant to the City's leave report for pay period 25 of
each year, the advance holiday payment shall be made in two installments, one in
January (January - September holidays) and one in October (October - December
holidays) of each year.
The request may only be for all cash, or all General Leave. This notification shall be in
writing and is irrevocable. 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.
In the event an employee is on leave, or is not otherwise eligible to receive a paid
holiday, and has received advance holiday pay, the City shall reduce the employees'
leave bank(s) the amount of hours of any unearned holiday previously paid on the
payroll immediately following the holiday (or .s soon as the overpayment is
discovered).
Consistent with Sections Band C above, the City will offer a one-time holiday payout
election for the remaining ten (10) hours of holiday for calendar year 2004 on April 1,
2004 with the payout to occur with the check issue date of May 7, 2004.
D.
Bereavement Leave
The City shall provide three (3) diYS off with pay for the purpose of bereavement
leave in the event of a death in the employee's immediate family. "Immediate Family"
shall be defined as including the spouse, mother, 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.
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E.
Jury Duty Leave
All bargaining unit employees on jury duty will receive full City salary. The employee
will turn over all amounts payable to the employee by the courts for jury duty except
for mileage and subsistence reimbursements, to the City.
F.
Industrial Disability Leave
All bargaining unit employees who are unable to perform the essential functions of
their classification and assignment by reason of job-related injury or illness as
contemplated by the Worker's Compensation laws of the State of California shall be
paid:
1.
Full salary and benefits to a maximum provided for under Section 4850.
2.
All other benefits as prescribed under the Worker's Compensation laws
of the State of California.
Article 9. - Shift Differential.
Unit 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 $100.00 per month ($46.15 per pay period) for
each month worked on said shift. This differential is designed to compensate the employee
for the inconvenience of working this particular shift.
Article 10. - Payroll Deductions.
Deductions of authorized amounts may be made from employee's pay for the following
purposes:
A. Withholding Tax;
B. Contributions to retirement benefits including deferred compensation;
C. Contribution to survivors; benefits;
D. Payment of life insurance and accidental death and dismemberment insurance
premium;
E. Payment of non~industrial disability insurance premium;
F. Payment of hospitalization and major medical insurance premium;
G. Payment to a City dependent care or medical care reimbursement account
pursuant to the IRC Section 125;
H. Payment of supplemental insurance premium;
I. Payment to or savings in a Credit Union or Bank;
J. Contributions to United Way, Community Health Charities or other designated
charity organizations;
K. Payment of membership dues and any authorized fees to the TPOA Management
Association;
L. Payment of authorized TPOA deductions;
M. Purchase of United States Savings Bonds;
N. Payment for non-return of uniforms and/or equipment issued;
O. Repayment of unearned advanced holiday pay. and
P. Other purposes as may be authorized by the City.
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Article 11. Calendar Year 2004 - 27 Pay Periods.
Calendar year 2004 will have 27 pay periods. On the 27'h pay period no deductions will be
made for health benefits nor will the employee receive any flexible benefit contribution.
Article 12. No Strike/Job Action.
The Association, its officers, agents, representatives, and/or members agree on behalf of
themselves and the employees in the bargaining unit that they will not cause or condone any
strike, walkout, work stoppage, job action, slowdown, sick out, or refusal to faithfully perform
assigned duties and responsibilities, withholding of services or other interference with City
operations, including compliance with the request of other employees and/or labor
organizations to engage in any or all of the preceding activities.
Any employee who participates in any of the conduct prohibited above may be subject to
discipline up to and including termination.
In the event of such activities, the Association shall immediately instruct any person engaging
in such conduct that they are viQliting the Agreement and that they are engaging in
unauthorized conduct and resume full and faithful performance of their job duties.
Article 13. Uniform Allowance.
Employees will be paid a uniform allowance of $325.00 per year. Special motor officer gear
and officer public safety leather gear required by the department will be provided.
Article 14. Standby Dutv.
Police Sergeants shall be compensated for standby duty for other than court appearances 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 standby 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.
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.
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Article 15. Call-Back Duty.
In addition to standby compensation, if any, Police Sergeants shall receive a minimum of two
(2) hours overtime paid at a time and one-half rate for any call which required them to return
to duty that does not involve a court appearance,
Article 16. Deferred Compensation.
The City's contribution to a deferred compensation program or vehicle currently offered by
the City shall be 2.5% of the employee's base salary. It is the responsibility of employees to
complete the necessary paperwork and take required steps to enroll in the program. Should
employees fail to enroll, the City is under no obligation to make retroactive contributions on
behalf of said employee or employees. Employees hired into the representation unit shall be
provided with a notification of the deferred compensation program, including the amount of
employer contributions, during employee orientation.
Article 17. Court Pav Provisions.
Police Sergeants shall be paid at a time and one-half rate for time spent in required court
appearances involving City business that occur during the Sergeant's off-duty hours. A
minimum of two (2) hours of such compensation will be paid for court appearances
scheduled in the morning (a,m. hours) and/or two (2) hours for court appearances scheduled
in the afternoon (p.m. hours).
Article 18. Rest Periods and Lunch Breaks.
All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each
four (4) hours of their work shift. The scheduling of the rest breaks shall be the responsibility
of the employee's supervisor.
Any employee required to monitor a radio or telephone during the lunch break shall be
considered on paid status during the lunch break and shall be paid for said time.
No employee shall be intimidated, coerced or discriminated against for exercising his/her
entitlement to rest periods and/or lunch breaks as provided for in this Article.
Article 19. Overtime Compensation.
The City shall pay Police Sergeants time and one-half for all approved overtime hours worked
in excess of; (1) regularly scheduled hours per shift; (2) hours worked on a day the employee
is not regularly scheduled to work; or (3) hours worked in excess of the prescribed hours
during the applicable work cycle, (Le. (a) 40 hours in a 7-daywork 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-daywork cycle for employees on the 9/80 work schedule).
General leave, compensatory time and holiday hours paid shall be counted as hours worked
in these calculations.
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In lieu of receiving cash payment for overtime, the employee may elect to be credited with
compensatory time at the rate of time and a half, subject to a maximum accrual of forty (40)
hours.
The time during which an employee may take compensatory time shall be subject to approval
by the appointing authority or designee with due regard for the wishes of the employee and
for needs of the service. Should this provision be found invalid by an arbitrator, court of
competent jurisdiction or the Department of Labor, the accrual of compensatory time shall
cease and all accrued compensatory time shall be paid at the employee's current straight
time rate.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of forty (40) hours or less at his/her straight time hourly base rate.
Article 20. EmDlovee Life Insurance.
The City will provide life insurance on the life of each regular, permanent full-time, employee
and pay the premiums thereof. The death benefit of said insurance shall be one hundred
percent (100%) of the employee's base annual salary to the nearest multiple of $1.000.00.
The City shall also make available, at the employee's option, a supplemental life insurance
policy, the death benefit of which shall be $18,000.00. The premium of said supplemental
policy shall be paid by the employee.
Article 21. Flexible Benefits Plan.
The Flexible Benefits Plan will be as follows:
A.
The Flexible Benefits Contribution per month per eligible employee shall be $844.
B.
Employees who do not take medical insurance through the program offered by the
City shall receive $300 per month in lieu of the ftexible benefits contribution. As a
condition of receiving such amount, the employee must provide evidence, satisfactory
to the City, that he/she has medical and dental insurance coverage comparable to
coverage available through the City program.
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 medical and dental insurance (employees may opt out pursuant to
evidence of satisfactory coverage) 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:
C.
1.
Medical insurance offered under the Public Employees' Medical and Hospital
Care Act Program,
Dependent Dental Insurance
Additional Life Insurance
Vision Insurance
Deferred Compensation
2.
3.
4.
5.
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6.
7.
8,
Section 125 Dependent or Medical Care Reimbursement Programs
Eligible Catastrophic Care Programs
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,
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.
During the term of this MOU the parties will meet and confer in an effort to obtain a favorable
altemative(s) to health insurance programs other than those offered by PERS.
Article 22. Probationary Period.
Each bargaining unit employee shall be subject to an original and promotional probationary
period of one year. The Police Chief may recommend to the Human Resources Director to
extend for a period not to exceed ninety (90) days the probationary period of any unit
employee.
A unit employee rejected during a promotional probationary period shall be reinstated to the
position and status from which promoted unless the employee is being discharged for cause.
Employees being disciplined for cause during a promotional probationary period shall have
the right of appeal using the existing disciplinary appeals procedure.
Any leave of absence without pay exceeding fifteen (15) work days may cause the
employee's probationary period to be extended by the number of work days of such leave
that are in excess of fifteen (15) days.
Article 23. Probationary Reiectlon.
A probationary employee, rejected for failure to meet standards or pass probation, shall not
be eligible for any internal grievance or appeal procedure pursuant to Swift vs. County of
Placer.
Article 24. Layoff Procedure.
The provisions of Section 10 of the Personnel Rules and Regulations currently in effect are
hereby incorporated into this memorandum of understanding by reference and shall be an
attachment hereto.
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Article 25. Consolidated Omnibus Budget Reconciliation Act of 1985.
Employees who are allowed to remain on a City health, dental or other insurance plan following
separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act
of 1985 (COBRA), may be charged the maximum rate permissible by law for such coverage
(presently 102% of the premium for an active employee).
Article 26. Retiree's Health Insurance.
The City will contribute a maximum of $150,00 per month towards the payment of medical
insurance premiums for employees who retire from the City of Tustin after October 1, 1993;
$200.00 for employees who retire after January 1, 1994 and $250.00 for employees who
retire after January 1, 2000. 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.
TPOA will participate in a joint labor-management committee to explore funding altematives
that involve employee contributions to fund premiums in excess of the City's contribution for
retiree health insurance.
Article 27. Long-Term Disability (L TD) Plan.
A.
The Long-Term Disability Insurance Plan specifically for sworn police personnel in
effect as of January 1, 2000 sl'lall continue in full force and effect during the term of
this agreement unless changed by the mutual agreement ofthe City and Association.
B.
In addition to provisions ofthe 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 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 Band C of this Article is conditioned upon the
City's receipt of proof of disability.
Article 28. Tuition Reimbursement.
Employees shall be encouraged to further their academic education and training in those
areas of benefit to the employee and to the City. Full-time employees will be eligible for
reimbursement by the City of tuition for professional technical courses subject to the following
conditions and related Council Policy statements:
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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 initial probationary period.
c.
Tuition reimbursement shall not be made if the employee is drawing veteran's
education benefits or any other reimbursement for the same course.
D.
Reimbursement for up to $500.00 each calendar year if the employee is attending a
community college or $1,500,00 each calendar year if the employee is attending a
four year college or university will be paid upon receipt by the Human Resources
Department of proof 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
$1000.00.
E.
The City shall set up procedures that allow for expedient reimbursement for classes
taken and fees paid. Employees may request reimbursement in the calendar year
that the class is taken and completed. Failure to request reimbursement in a timely
manner and/or classes taken in excess of the allowable reimbursement level cannot
be carried over to a future year reimbursement period.
Article 29. Periormance 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 30. Work Schedules.
A.
Department work schedules include the 4/1 0 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 additional10-hour shift during the work cycle) as follows:
4/10
3/12.5
(1) Traffic and Investigation Divisions,
a. Employees in special assignments
Patrol
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[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 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 or some other schedule upon mutual agreement of the
Department and employee.]
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.
Article 31. Management Rlahts Clause.
Except as otherwise specifically provided for in State and/or Federal laws, and this
memorandum of understanding, the City reserves and retains and is vested with all rights of
management which have not been expressly abridged by specific provisions of this
agreement or by law to manage the City. This shall include, but is not limited to:
The right to temporarily suspend the 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. In the event of such suspension of the agreement, when the emergency is
over management will immediately initiate the meet and confer process over replacement of
any salary, benefit, or working conditions lost by unit employees as a result ofthe suspension
of the agreement.
The right to determine staffing and direct the work force including the right to hire, promote,
demote, evaluate, transfer, layoff, or discharge for just cause any employee.
The right to contract or sub-contract services and/or work.
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. Administrative Reaulations.
The City Manager may issue written administrative personnel regulations designed to
augment or clarify the provisions of this memorandum.
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Article 33. Application of Aareement
The parties agree that the term "employee" whenever used herein, whether singular or plural,
means and applies only to those employees of the City included within the Tustin Police
Management Representation Unit, and that this memorandum covers only said employees.
Article 34. 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 35. SeverabilitY.
If any part of this memorandum is rendered or declared invalid by reason of any existing or
subsequently-enacted legislation, governmental regulation or order or decree of court, the
invalidation of such part of this memorandum shall not render invalid the remaining part
hereof.
Article 36. No Change of Benents.
During the life of this agreement there shall be no unilateral change of benefits or privileges
contained in this memorandum of understanding or the resolutions adopting this
memorandum of understanding that are not specifically changed by this agreement except
for those not impacting terms and conditions of employment.
Article 37. Employee Rights.
As the recognized representative of the employees covered by this memorandum of
understanding the City acknowledges and recognizes the following employee rights:
1. TPOA shall have access to and be provided with payroll deduction of dues, fees, and
assessments without charge through the City's regular payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the posting of
notices, updates, meeting minutes and other material related to TPOA business.
3. TPOA shall be afforded the reasonable.use of department copy machines and faxes
and will reimburse the City for any material costs or toll fees for such use.
4. Upon notice and subject to availability the City shall allow TPOA the use of City
facilities including meeting rooms for TPOA membership, Board of Directors and
committee meetings.
5. TPOA representatives shall be allowed reasonable_paid release time for preparation
for and attendance at meetings with management related to the meet and confer
process and labor relations matters.
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6. All bargaining unit members shall have the right to representation by TPOA in
processing grievances and disciplinary appeals. Employees shall be afforded
reasonable paid release time to meet with TPOA representatives for discussion and
consultation on grievances and disciplinary appeals.
7. TPOA shall have the exclusive right on behalf of the bargaining unit to meet and
confer with management over matters of wages, benefits, hours, and terms and
conditions of employment pursuant to State and Federal laws.
8. All bargaining unit members shall have the right to join and participate in the activities
of TPOA free from interference, intimidation, coercion, or discrimination.
9. TPOA shall have the right to distribute a reasonable amount of association information
and newsletters at the job site.
10. TPOA representatives shall have the right to reasonable use department telephones
and e-mail for the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable access to
the workplace.
12. TPOA representatives may be granted general or other leave for labor relations
training.
13. All other rights and privileges currently in effect or which may be enacted in the future
pursuant to State or Federal law.
Article 38. Blndlna on Successors.
This memorandum shall be binding on the successors and assigns of the parties hereto and
no provisions, terms or obligations herein contained shall be affected or changed in any way
whatsoever by the consolidation, merger, sale, transfer or assignment of either party hereto.
Article 39. Entire Aareement
This agreement, upon ratification and adoption supersedes all prior practices and
agreements, whether written or oral, unless expressly stated to the contrary herein and
constitutes the complete and entire agreement between the parties and concludes the meet
and confer process for its term unless otherwise expressly provided for herein.
The City and TPMA agree that any City resolutions, ordinances, rules, regulations or
practices that are in conflict with the MOU and its provisions are subordinate to this MOU and
where conflicts exists this memorandum of understanding shall prevail.
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The City and TPMA for the duration of this Agreement, each voluntarily and without
qualification waives the right and each agrees that the other shall not be obligated to bargain
collectively with respect to any subject or matter covered in the Agreement including the
impact of the City's and the Association's exercise of their respective rights as set forth herein
on wages, hours, benefits and terms and conditions of employment. The City agrees that it
will not seek to change any of the wages, hours, benefits and terms and conditions of
employment provided for and covered by this Agreement during its term. This paragraph
does not waive the right of the City or the Association to bargain over any subject or matter
not covered in the Agreement which is a mandatory subject of bargaining and concerning
which the City or the Association is considering a need to change during the term of this
agreement.
Article 40. Amendments.
This memorandum can be altered or amended only by written agreement between the parties
hereto.
Article 41. Notices.
Notices hereunder shall be in writing and, if to the Tustin Police Management Unit, shall be
mailed to President, Tustin Police Officers' Association, Post Office Box 1516, Tustin, Ca
92781; and, if to City, shall be mailed to City Manager. City of Tustin, 300 Centennial Way,
Tustin, California 92780.
Article 42. Ratification.
This memorandum shall be of no force or effect unless or until duly approved, adopted,
ratified, and agreed to by the City Council of City, or in the alternative, that all of the
substantive provisions contained herein are adopted by resolution of the City Council.
Article 43. Term of Agreement
All provisions set forth herein shall be effective as of the date of approval of this
Memorandum of Understanding by the Tustin City Council, unless otherwise indicated. This
Agreement shall be and remain in effect from February 2, 2004 up to and including
December 31,2004.
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In witness whereof, the parties hereto have executed this document this
of February, 2004
City of Tustin
William A. Huston, City Manager
Arlene Marks, Director of Human Resources
Ron Nault, Director of Finance
Mike Shanahan, Captain
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Tustin Police Officers Association
Robert Wright, President
Brent Zicarelli
Joseph Stickles
Charles Celano
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