HomeMy WebLinkAbout11 TPOA MOU 03-15-04
AGENDA REPORT
Agenda Item
Reviewed: ~.
City Manager
Finance Director
11
MEETING DATE:
MARCH 15, 2004
FROM:
SUBJECT:
WilLIAM A. HUSTON, CITY MANAGER
HUMAN RESOURCES DEPARTMENT
TO:
TUSTIN POLICE OFFICERS ASSOCIATION
MEMORANDUM OF UNDERSTANDING
SUMMARY:
Adoption of the attached Resolution and Memorandum of Understanding will authorize
salary and benefit adjustments, pursuant to previous Council direction, for employees
within the Tustin Police Officers Association (TPOA).
RECOMMENDATION:
Adopt Resolution No. 04-29 amending the City's Classification and Compensation plans
and approving a Memorandum of Understanding for the Tustin Police Officers
Association encompassing the time period from March 15,2004 through December 31,
2004.
FISCAL IMPACT: Approximately $329,211 (excluding roll up costs) over the
remainder of this calendar year.
BACKGROUND AND DISCUSSION:
The Tustin Police Officers Association Management Unit consists of approximately 75
employees classified as Police Officers and Police Recruits. This bargaining units'
contract expired after three years on December 31, 2003.
The City began its discussions with TPOA for a successor Memorandum of
Understanding (MOU) in October pursuant to parameters established by the City
Council at its November 3, 2003 meeting. Ratification of the agreement by the TPOA
membership occurred on during the week of March 1, 2004.
This contract incorporates the City's desire to implement measures to control escalating
health insurance costs and the anticipated higher retirement rates from PERS while
maintaining a median position in our 1 O-City survey group.
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Tustin Police Officers Association (TPOA)
Memorandum of Understanding
March 15, 2004
Page 2
The most significant terms of this agreement are as follows:
. Term: March 15,2004 - December 31,2004.
. Salary adjustments effective March 8, 2004 of 5% for Police Officer
. Increases to "cafeteria" dollars capped at $744 per month for full family coverage
. PERS cost sharing when City/employee costs exceed 32.802%
. General Leave accrues from date of hire
. Cash out of 40 hours of General Leave
. Holiday hours increased from 8 hours to 9 hours per holiday
. Increase in Educational/POST Incentive Pay
. Increase in Textbook and Tuition Reimbursement
. Increase in Bilingual pay
. Addition of "Bike" team as a specialty pay assignment
. New language related to Management Rights, Employee Rights, Payroll
Deductions, No Strike/Job Action, Calendar Year 2004 - 27 pay periods, Rest
Periods, and Social Security
. Ability to meet and confer on changes to Personnel Rules and Regulations and
other terms and conditions of employment during the term of the agreement
. Minor contractual changes providing for streamlining and consistency within the
organization
The costs associated with this contract during this fiscal year can be absorbed within
the current budget through salary savings achieved by the late contract implementation,
holding off on filling vacancies and the soft "hiring freeze" currently in place due to the
uncertainty of funding the City will receive from the State of California. In fiscal year
04/05 costs of the contract will be included in the budget that will be presented to the
City Council.
While it was extremely difficult to balance the needs of the City and TPOA during these
uncertain fiscal times, staff is pleased that agreement was reached within the
parameters established by the Council and that the terms and conditions presented
were ratified by the TPOA's membership.
[l~~u rV~1'-
Arlene Marks, SPHR
Director of Human Resources
Attachments:
Resolution 04-29
Memorandum of Understanding 2004
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RESOLUTION NO. 04-29
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 BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS ASSOCIATION,
CONCERNING WAGES, SALARIES, FRINGE BENEFITS
AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council has authorized and directed, under the provisions of
the City of Tustin Personnel Rules and Regulations, 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 March 15, 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 March 15, 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 March 15, 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 15th day of March, 2004.
TONY KAWASHIMA,
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. 04-29 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of
March, 2004 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS' ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM: MARCH 15,2004 TO DECEMBER 31,2004
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 44.
Article 45
Article 46
Article 47.
TABLE OF CONTENTS
Recognition .............................................................................................1
Salary ......................................................................................................1
Bi-lingual Pay .......................................................................................... 3
Educational Incentive Pay....................................................................... 3
Career Officer Program...........................................................................4
Attendance..............................................................................................5
Retirement ..............................................................................................5
Social Security .......................................................................................6
Paid Leave ....................................................,.........................................7
Shift Differential.......................................................................................9
Payroll Deductions ..................................................................................9
Calendar Year 2004 - 27 Pay periods................................................... 10
No Strike/Job Action.............................................................................. 10
Uniform Allowance ................................................................................10
Standby Duty ........................................................................................10
Call-Back Duty ...................................................................................... 11
Special Assignments.............................................................................11
Deferred Compensation ........................................................................11
Court Pay Provisions.............................................................................12
Rest Periods and Lunch Breaks............................................................ 12
Overtime Compensation .......................................................................12
Employee Life Insurance....................................................................... 13
Flexible Benefits Plan............................................................................13
Probationary Period ..............................................................................14
Probationary Rejection..........................................................................14
Layoff Procedure...................................................................................14
Consolidated Omnibus Budget Reconciliation Act of 1985................... 14
Retiree's Health Insurance.................................................................... 15
Long-Term Disability (L TD) Plan ...........................................................15
Tuition Reimbursement.........................................................................15
Performance Evaluations......................................................................16
Work Schedules....................................................................................16
Management Rights Clause..................................................................17
Administrative Regulations.................................................................... 17
Application of Agreement......................................................................18
Gender..................................................................................................18
Severability............................................................................................18
No Charge of Benefits...........................................................................18
Employee Rights ...................................................................................18
Substance Abuse Testing ....................................................................19
Third Party Advisory Process for Disciplinary Appeals.......................... 19
Binding on Successors.......................................................................... 22
Amendments.........................................................................................23
Notices ..................................................................................................23
Ratification ............................................................................................23
Term of Agreement...............................................................................23
MEMORANDUM OF UNDERSTANDING
POLICE OFFICER REPRESENTATION UNIT
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS' ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code Sections
3500 etseq. 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 Officer 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 unit
employees as set forth herein.
WITNESSETH
Article 1. Recognition.
The City has previously recognized the Tustin Police Officers' Association as the majority
representative of employees in the Police Officer 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 Officer Representation Unit whether or not they are
individually members of the Tustin Police Officers' Association. The classifications
constituting the Police Officer Representation Unit are Police Officer and Police Recruit
Article 2. Salary.
The salaries of all bargaining unit employees in the classification of Police Officer shall be
increased with the pay period beginning March 8, 2004 as follows (salaries are indicated on a
monthly basis):
A
$4,470.67
Police Officer - Range 652
B C
$4,699.59 $4,940.24
D
$5,193.20
E
$5,459.12
Police Recruit- Range 544
$3,415.96
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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.
Pavrollissuance
All Bargaining unit employees shall receive their regular salary paid Bi-weekly.
Salary 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 Salary Ranae
All bargaining unit employees may be considered eligible for increases in salary according to
the following:
1.
Unless a salary range has only a single salary step, the letters A, B, C, D and E
respectively, denotes the various progressive steps in the pay range.
2.
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.
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 his/her prior classification, the employee shall have his/her
salary set at the same step earned prior to the promotion. Demoted employees
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2.
shall be eligible for their next merit increase at their next salary review date, which
existed prior to demotion.
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.
4.
An employee who is transferred shall continue to receive the same salary rate and
the salary review date shall not change.
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
Gorresponding step in the new range and the salary review date shall not change.
Article 3. Bi-linaual Pay.
5.
Unit employees, except Police Officer Recruit, 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 needed 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. 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 Incentive Pay.
The City shall provide Educational Incentive Pay as an incentive for unit employees, with the
exception of the classification of Police Recruit, to improve their level of education in relevant
fields beyond the expected level for their position.
Unit employees are eligible to receive Educational Incentive Pay after six (6) months of City
service. Incentive pay begins the first pay period after Human Resources receives and
certifies the employee has met all of the eligibility requirements.
To apply for Educational Incentive Pay an employee must be actively at work, provide official
documentation of the required classes and/or degree (AA, BA or BS) and have completed
any applicable service requirements.
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Dearee in Related Field
Police Officer
AA Degree or its equivalent
Bachelor's Degree
$150/mo. ($69.23 per pay period)
$300/mo. ($138.46 per pay period)
An equivalent to an AA Degree shall include continuing active enrollment in a Bachelor's
curriculum with over half the course work completed. Credit for a class under this plan
requires a grade of "C" or better. A pass/no-pass course will be deemed to have achieved a
"C" grade if the course was passed. No credit is provided for courses for which the City paid
and were attended entirely or in substantial part on City time. Employees in a program
leading to a job-related degree may be given credit for non-job related courses which are
required to obtain the degree but they shall not exceed 50% of the total credits until the
related degree is received.
A reasonable interpretation of the related nature of the degree fields shall be made by the
Human Resources Director.
For purposes of contract negotiations, the BAIBS degree shall be used for future
comparisons.
Article 5. Career Officer Program.
Officers qualifying under the Career Officer Program as outlined in the Police Department
General Order Manual shall be eligible for additional compensation in accordance with the
following:
Level
Increase in Base Salary
Senior Officer I
Requirements include:
. Five (5) consecutive years of employment with the Tustin Police Department as
a full time sworn police officer (lateral entry officer may use 50% of their prior
paid full time sworn police officer service toward this requirement).
. POST Basic Certificate.
. 30 College semester credits (transcripts required).
. "Competent" or better annual performance evaluations for the previous three
(3) consecutive years.
. Has accepted additional duties as assigned.
2.5%
Senior Officer II
Requirements include:
. Seven (7) consecutive years of employment with the Tustin Police Department
as a full time sworn police officer (lateral entry officer may use 50% of their
prior paid full time sworn police officer service toward this requirement).
. POST Intermediate Certificate.
. 60 College semester credits or an Associate Degree (transcripts required).
. "Competent" or better annual performance evaluations for the previous three
(3) consecutive years.
4.5%
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. Has performed as a Senior Officer I for one (1) year.
. Has accepted additional duties as assigned.
Master Officer
Requirements include:
. Ten (10) consecutive years of employment with the Tustin Police Department
as a full time sworn police officer (lateral entry officer may use 50% of their
prior paid full time sworn police officer service toward this requirement).
. POST Advanced Certificate.
. 90 College semester credits.
. "Competent" or better annual performance evaluations for the previous five (5)
consecutive years.
. Has performed as a Senior Officer II for one (1) year.
. Has accepted additional duties as assigned.
6.5%
Employees are eligible at the beginning of the first pay period following Human Resources
receipt of documentation that all requirements are met and approvals processed.
Article 6. 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
~lIow 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 7. Retirement Plan.
All employees covered under this Agreement shall be members of the State of Càlifornia
Public Employees' Retirement System (PERS) and are subject to all applicable provisions of
the City's contract with PERS, as amended.
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The City shall pay, on behalf of the sworn employee (excludes Police Recruit), nine percent
(9%) of the employee's reportable compensation to PERS in accordance with the City's
contract with PERS. For the classification of Police Recruit, the City shall pay, on behalf of
the employee, seven percent (7%) of the employee's reportable compensation to PERS in
accordance with the City's non-safety miscellaneous contract with PERS.
For sworn employees, effective July 1 , 2004 the employer rate for PERS will be 32.802%. In
the future (with the exception of Police Recruit) should the PERS employer rate exceed
32.802%, the employee and the City will cost share on a 65% City /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.
In the event the City's PERS rate is reduced, any amount being paid by the employee under
this cost sharing provision shall be reduced in an amount equal to the City's rate reduction
until such time as the City's rate is equal to 32.802%. PERS Cost sharing shall be treated
consistently with other survey market cities for the purpose of calculating compensation.
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).
The PERS plan in effect for Non-safety Miscellaneous Members is the 2%@ 55 formula for
Local Miscellaneous Members. The plan has been amended to include Section 21573 (Third
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 8. 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 9. Paid Leave.
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A.
General Leave
B.
1.
Each employee accrues General Leave in accordance with the following:
Periods of Service
0-5 years
6-10" "
Over 1 0 " "
General Leave Hours Per Year
160
208
248
2.
Each March, regular and promotional probationary employees may request that
he/she be paid for a maximum of forty (40) hours of accrued General Leave.
Employee requests will be granted provided the employee will retain eighty (80)
hours of General Leave in his/her account after the payout occurs.
3.
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.
4.
Pay in lieu of General Leave will be granted upon termination of City
employment or upon a finding of hardship by the City Manager.
5.
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.
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
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When a holiday occurs on a Sunday, the following Monday will be observed instead.
When a holiday occurs on a Saturday, the preceding Friday will be observed instead.
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 hours 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 or half cash/half 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 as soon as the overpayment is
discovered).
Consistent with Section B above, the City will offer a one-time holiday payout election
for the remaining nine (9) 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.
C.
Bereavement Leave
The City shall provide three (3) days 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.
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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.
D.
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.
E.
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 the City's
Personnel Rules and Regulations (Police Recruit) or pursuant to Section
4850 (Police Officers).
2.
All other benefits as prescribed under the Worker's Compensation laws of
the State of California.
Article 10. Shift Differential.
Employees whose regular shift is the graveyard shift (shift begins at 6:00 p.m. and ends at
6:00 a.m. the following day) shall receive $50.00 per month for each month worked on said
shift. This differential is designed to compensate the employee for the inconvenience of
working this particular shift. Unit employees receiving this differential are paid $25.00 per pay
period, limited to 24 pay periods per year.
Article 11. 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;
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J. Contributions to United Way, Community Health Charities or other designated
charity organizations;
K. Payment of membership dues and any authorized fees to TPOA
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.
Article 12. Calendar Year 2004 - 27 Pay Periods.
Calendar year 2004 will have 27 pay periods. On the 2ih pay period no deductions will be
made for health benefits nor will the employee receive any flexible benefit contribution.
Article 13. 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.
I n the event of such activities, the Association shall immediately instruct any person engaging
in such conduct that they are violating the Agreement and that they are engaging in
unauthorized conduct and resume full and faithful performance of their job duties.
Article 14. Uniform Allowance.
Employees will be paid a uniform allowance of $400.00 per year. The allowance is paid bi-
weekly ($15.38 per pay period/26 pay periods per year). Special motor officer gear and
officer public safety leather gear required by the department will be provided.
Article 15. Standby Duty.
Unit employees 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
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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.
Article 16. Call-Back Dutv.
In addition to standby compensation, if any, officers 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.
Article 17. Special Assianments.
Except as indicated, employees assigned and engaged in the performance of work that
constitutes the following special assignments shall receive, in addition to their regular
compensation, premium pay in the amount of two and one half percent (2 1/2%) of base
salary provided that at no time may an employee receive more than one (1) special
assignment pay premium.
Area Resource Officer
Bike Team Officer (limited to 6 pay periods per year even if assigned longer)
Field Training Officer
Community Resources Officer
K-9 Officer
Investigator
Motor Officer
DARE Officer
Professional Standards Officer/Training Officer
Gang Unit Officer
School Resource Officer
The City has the absolute discretion regarding the assignment and reassignment of
employees to special assignments. Any such assignment is not vested and may be revoked
at any time without cause, and without any right to challenge such action pursuant to the
City's grievance or appeal procedure or pursuant to Section 3304(b) of the California
Government Code.
Employees occupying the assignment of Motor Officer or K-9 Officer each receive one paid
day off per month (10 hours) which is considered as compensable as hours worked under
FLSA for the time spent (as an officer-dog handler or officer motor-handler) at their residence
in caring for the dog/equipment during regular days off and during vacation or sick leave.
Article 18. Deferred Compensation.
The City shall contribute $37.00 per pay period, per employee, to a deferred compensation
program or vehicle currently offered by the City. It is the responsibility of 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
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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 19. Court Pay Provisions.
The City shall pay actual time spent in court at a rate of time and one-half to employees who
are required to appear in court on behalf of the City during their off-duty hours subject to a
minimum of two (2) hours of such compensation for court appearances scheduled in the
morning (a.m. hours) and two (2) hours of such compensation for court appearances
scheduled in the afternoon (p.m. hours).
Article 20. 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 21. Overtime Compensation.
The City shall pay unit employees premium pay of time and one-half for all approved
overtime hours worked in excess of; (1) regularly scheduled hours per shift; (2) hours worked
on a day the employee is not regularly scheduled to work; or (3) hours worked in excess of
the prescribed hours during the applicable work cycle, (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; provided however, that standby time shall not be
considered in determining entitlement to premium pay.
In lieu of receiving cash payment for overtime, the employee may elect the option of accruing
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.
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Article 22. Employee Life Insurance.
The City will provide life insurance on the life of each regular, permanent full-time, employee
and pay the premiums thereof. The death benefit of said insurance shall be one hundred
percent (100%) of the employee's base annual salary to the nearest multiple of $1 ,000.00.
The City shall also make available, at the employee's option, a supplemental life insurance
policy, the death benefit of which shall be $18,000.00. The premium of said supplemental
policy shall be paid by the employee.
Article 23. Flexible Benefits Plan.
The Flexible Benefits Plan will be as follows:
A.
The Flexible Benefits Contribution Flexible Benefits Contribution per month per eligible
employee:
Effective with the paycheck to issue March 26. 2004
Employee Only Employee + 1 Employee + 2 or more
Dependent Dependents
$372
$568
$744
Employees who do not take medical insurance through the program offered by the
City shall receive $300 per month in lieu of the coverage comparable to coverage
available through the City program. flexible 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
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:
1.
Medical insurance offered under the Public Employees' Medical and Hospital
Care Act Program.
Dependent Dental Insurance
Additional Life Insurance
Vision Insurance
Deferred Compensation
Section 125 Dependent or Medical Care Reimbursement Programs
Eligible Catastrophic Care Programs
Cash
B.
C.
2.
3.
4..
5.
6.
7.
8.
Discretionary allocations are to be made in accordance with program/City
requirements including restrictions as to the time when changes may be made in
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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
alternative(s) to health insurance programs other than those offered by PERS.
Article 24 . Probationary Period.
Each sworn bargaining unit employee shall be subject to an original probationary period of
not less than eighteen (18) months for new hire police officers. This extended probationary
period shall not affect an employee's entitlement to periodic merit increases. 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 (other than Police Recruit)
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 25. Probationary Reiection.
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. Countv of
Placer.
Article 26. Lavoff 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.
Article 27. 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).
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Article 28. Retiree's Health Insurance.
The City will contribute a maximum of $182.00 per month towards the payment of medical
insurance premiums for employees who have five (5) years of continuous City service and at
the time of leaving City service, retire with a PERS pension. Such contribution includes any
required contribution to be made for eligible retirees under the Public Employees' Medical
and Hospital Care Act Program.
TPOA will participate in a joint labor-management committee to explore funding alternatives
that involve employee contributions to fund premiums in excess of the City's contribution for
retiree health insurance.
Article 29. Long-Term Disability (L TD) Plan.
A.
Police recruits shall participate in the City's STD/L TD plan under the same terms,
conditions and cost as those employees in the general employee bargaining unit
B.
The Long-Term Disability Insurance Plan specifically for sworn police personnel in
effect as of January 1, 2000 shall continue in full force and effect during the term of
this agreement unless changed by the mutual agreement of the City and Association.
C.
In addition to provisions of the Long-Term Disability Insurance Plan, provided the
leave exceeds thirty (30) days, the City agrees to pay the 60% of an employees' base
salary for a period not to exceed 14 days or the equivalent of 80 hours. Such payment
is considered taxable income and occurs after the employee has used eighty (80)
consecutive hours of General Leave during the 30 day period beginning with the 1 st
day of the leave.
D.
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.
E.
It is understood that proof of coverage is to be submitted to the City upon request and
eligibility for City benefits provided in C and D of this Article is conditioned upon the
City's receipt of proof of disability.
Article 30. 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:
A.
Department Head and Human Resource Director approval must be obtained before
enrollment in the course.
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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 proofthat 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 31. Peñormance 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 32. Work Schedules.
Police Officers work schedules under Code Section 207(k) of the Fair Labor Standards Act
(FLSA).
A.
Department work schedules include the 4/10 work schedule; (in a 7 -day work cycle the
employee works four 1 O-hour days where the scheduled work shift commences and
ends at the same time each day, with three consecutive days off) and the 3/12.5 work
schedule, (in a 28-day work cycle the employee works three 12.5 hour days where the
scheduled work shift commences and ends at the same time each day, with 4
consecutive days off, in each seven (7) calendar day period, except that the employee
must work one additional10-hour shift during the work cycle) as follows:
4/10
(1) Traffic and Investigation Divisions,
(2) Employees in special assignments
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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.
3/12.5
Patrol
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 33. Management Rights 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 of the 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 34. Administrative Regulations.
The City Manager may issue written administrative personnel regulations designed to
augment or clarify the provisions of this Memorandum.
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Article 35. Application of Agreement.
The parties agree that the term "employee" whenever used herein, whether singular or plural,
means and applies only to those employees of the City included within the Tustin Police
Officer Representation Unit, and that this Memorandum covers only said employees. It is not
solely limited to the members of the Tustin Police Officers Association.
Article 36. 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 37. Severabilitv.
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 38. No Change of Benefits.
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 39. Emplovee 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.
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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.
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 40. Substance Abuse Testina.
The City and TPOA agree to meet and discuss substance abuse testing during the term of
the MOU. Absent mutual agreement of the parties, no such testing may be implemented.
Article 41. Third Party Advisory Process for Disciplinary Appeals.
Disciplinary actions, which may move beyond the Department Head's decision, include the
actions of termination, suspension, reduction of salary, and demotion. The "third party" advisory
process is the step between the Department Head's action and the City Manager's final
decision. In the Department Head's notice of final disciplinary action (which should be served
by registered mail or personal delivery) shall be a statement which clearly informs the employee
that he/she has the right, within 10 working days after receipt of the response, to request the
next level of appeal. The day the employee receives the Department Head's final notice shall
not count as one of the 10 days.
The employee's request for the next level of appeal must be addressed to the Human
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Resources Director and received in the Human Resources Office so that same is date stamped
by the Human Resources Office with the 10-day period.
If, within the 10-day appeal period, the employee involved does not file said appeal, unless
good cause for the failure is shown, the action of the Department Head shall be considered
conclusive and shall take effect as prescribed. If within the 10-day appeal period, the employee
involved files such notice of appeal by giving written notice of appeal to the Human Resources
Director, an appeal hearing shall be established as follows:
A.
If a single third party hearing officer cannot be agreed upon by the Human Resources
Director and the employee's representative (or employee alone if unrepresented), the
American Arbitration Association shall be requested to submit a list of 7 persons qualified
to act as arbiters to the City and employee. Within 10 days following receipt of the list of
arbiters, the parties shall meet to select the arbiter. The parties shall alternately strike one
(1) name from the list of arbiters (the right to strike the first name to be determined by lot)
until one (1) name remains, and that person shall be the arbiter.
B.
Where practicable, the date for the hearing shall not be less than 20 days, nor more than
60 days, from the date of the filing of the appeal with the Director of Human Resources.
The parties may stipulate to a longer or shorter period of time in which to hear the appeal.
All interested parties shall be notified in writing of the date, time, and place of hearing.
C.
All hearings shall be private provided, however, that the arbiter shall at the request of the
employee, open the hearing to the public.
D.
Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the
request of either party, not less than 5 working days, prior to the commencement of such
hearing, After the commencement of such hearing, subpoenas shall be issued only at the
discretion of the arbiter.
E.
The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of
evidence on which reasonable persons are accustomed to rely in the conduct of serious
affairs, regardless of the existence of any common law or statutory rules, which might
make improper the admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining any direct evidence
but shall not be sufficient in itself to support a finding unless it would be admissible over
objection in civil actions. The rules of privilege shall be effective to the same extent that
they are now or hereafter may be recognized in civil and criminal actions, and irrelevant
and unduly repetitious evidence shall be excluded. The arbiter shall not be bound by
technical rules of evidence. The arbiter shall rule on the admission or exclusion of
evidence.
F.
Each party shall have these rights: To be represented by legal counselor other person of
his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine
opposing witnesses or any matter relevant to the issues even though that matter was not.
covered in the direct examination; to impeach any witness regardless of which party first
called him/her to testify; and to rebut the evidence against him/her. If the respondent
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does not testify in his/her own behalf, he/she may be called and examined as if under
cross-examination. Oral evidence shall be taken only on oath or affirmation. A court
reporter will be engaged to record the hearing, unless the parties (City, arbiter,
employee/employee representative) mutually agree that same is not necessary.
G.
The hearing shall proceed in the following order, unless the arbiter, for special reason,
otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement
2. The appealing party shall then be permitted to make an opening statement
3. The party imposing disciplinary action shall produce the evidence on his/her part; the
City bears the burden of proof and burden of producing evidence.
4. The party appealing from such disciplinary action may then open his/her defense and
offer his/her evidence in support thereof; the employee bears the burden of proof and
the burden of producing evidence for any affirmative defenses asserted.
5. The parties may then, in order, respectively offer rebutting evidence only, unless the
arbiter for good reason permits them to offer evidence upon their original case.
6. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
H.
The arbiter shall determine relevancy, weight, and credibility of testimony and evidence.
He/she shall base his/her findings on the preponderance of evidence. During the
examination of a witness, all other witnesses, except the parties, shall be excluded from
the hearing unless the arbiter, in his/her discretion, for good cause, otherwise directs. No
still photographs, moving pictures, or television pictures shall be taken ion the hearing
chamber during a hearing. The arbiter, prior to or during a hearing, may grant a
continuance for any reasons he/she believes to be important to reaching a fair and proper
decision. The arbiter shall render his/her judgment as soon after the conclusion of the
hearing as possible and in no event later than 30 days after conducting a hearing. His/her
decision shall set forth findings of fact and conclusions. The opinion shall be advisory
only.
I.
The arbiter may recommend sustaining or rejecting any or all of the charges files against
the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary
action invoked against the employee. He/she may not recommend for discipline more
stringent than that invoked by the Department Head.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a
copy sent to the charged employee, and the Humàn Resources Director and shall set
forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is
not the arbiter's recommendation, the opinion shall set forth the recommended date the
employee is recommended to be reinstated and/or other recommended action. The
reinstatement date, if appropriate, may be an time on or after the date of disciplinary
action.
J. Within 30 days of the receipt of the arbiter's findings and recommendations, and transcript
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(which is optional only in certain cases), whichever date is later, the City Manager shall
adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions
of the arbiter. Prior to making a decision, which modifies or rejects the recommendation
of the arbitrator, the City Manager shall order and read the transcript of the Third party
Advisory Process. Prior to making a decision which supports the arbiter, the City Manager
may order and read the subject transcript, at his/her option, allow limited oral arguments
and/or may request and review written statements from either side. The decision of the
City Manager shall be final and conclusive. Copies of the City Manager's decision,
including the arbiter's recommendations(s) shall be filed where appropriate, including the
employee's personnel file, unless no discipline is upheld by the City Manager. Each party
shall bear equally the cost of facilities, fees and expenses of the arbiter, including the
court reporter and transcripts. If the City Manager orders a transcript for his/her review,
the City shall bear the cost of providing the transcript Each part shall bear its own witness
and attorney fees. If either part unilaterally cancels or postpones a scheduled arbitration,
thereby resulting in a fee charged by the arbiter or court reporter, then the party
responsible for the cancellation or postponement shall be solely responsible for the
payment of that fee. This process shall not apply to mutual settlements by the parties,
which result in an arbitration fee.
K.
In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the
City Manager, the time of such suspension, demotion or dismissal shall be effective from
the first day after such delivery of said decision or shall relate back to be effective as of
the date the employee was suspended from duty pending hearing before and decision by
the City Manager, whichever is applicable. If discipline imposed resulted in loss of pay,
the pay loss shall be restored to the employee based on the number of standard work
hours lost computed at this/her then base hourly rate. The provision of Section 1094.6 of
the Code of Civil Procedure shall be applicable to proceedings under this Section.
Article 42. Binding on Successors.
This memorandum shall be binding on the successors and assigns of the parties hereto and
no provisions, terms or obligations herein contained shall be affected or changed in any way
whatsoever by the consolidation, merger, sale, transfer or assignment of either party hereto.
Article 43. 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 TPOA 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.
The City and TPOA 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
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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 44. Amendments.
This memorandum can be altered or amended only by written agreement between the parties
hereto.
Article 45. Notices.
Notices hereunder shall be in writing and, if to the Tustin Police Officers 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 46. 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 47. Term of Aareement.
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.
In witness whereof, the parties hereto have executed this document this
of March, 2004
day
City of Tustin
Tustin Police Officers Association
William A. Huston, City Manager
Robert Wright, President
Arlene Marks, Director of Human Resources
Mike Lameroux
Ron Nault, Director of Finance
Paul Kelly
S:\M 0 U's \2004 \ TPOAMOU 04Fi nal.doc
Page 23 0127
Joe Garcia, Captain
S:\MOU's\2004\ TPOAMOU04Final.doc
Luis Garcia
Pat Kilgore
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