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Home My WebLink About10 TPSSA MOU 04-05-04 AGENDA REPORT Agenda Item Reviewed: City Manager ~ Finance Director/~ 10 MEETING DATE: APRil 5, 2004 TO: WilLIAM A. HUSTON, CITY MANAGER FROM: HUMAN RESOURCES DEPARTMENT SUBJECT: TUSTIN POLICE SUPPORT SERVICES 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 Support Services Association (TPSSA) bargaining unit. RECOMMENDATION: Adopt Resolution No. 04-34 amending the City's Classification and Compensation plans and approving a Memorandum of Understanding for the Tustin Police Support Services Association encompassing the time period of April 5, 2004 through December 31,2004. FISCAL IMPACT: Approximately $35,000 over the term of the agreement. BACKGROUND AND DISCUSSION: The Tustin Police Support Services Association (TPSSA) consists of approximately 34 employees in our police support services unit in non-management records, communications, property and evidence and related classifications. This bargaining unit's one-year contract expired on December 31,2003. The City began its discussions with TPSSA for a successor Memorandum of Understanding (MOU) in October, pursuant to parameters established by the City Council. Attached is a proposed successor MOU for TPSSA that provides equity adjustments for those classifications that have fallen below the median of our ten City survey group, within the cost parameters established by the City Council. Ratification of the agreement by the TMEA membership occurred on Monday March 29, 2004. Tustin Police Support Services Association (TPSSA) Memorandum of Understanding April 5, 2004 Page 2 The most significant terms of this agreement are as follows: . Term: April 5, 2004 - December 31, 2004 . Equity adjustments for those incumbents/classifications falling below the median of the City's 10 City survey group. . Creation of a new Communications Officer III training classification. . Paid lunches for those employees whose job requires them to stay at their work station. . An increase in training pay from $25 to $50 per pay period for individuals assigned to train. . An increase of $16 per month toward retiree health insurance. . New language related to Payroll Deductions, No Strike/Job Action, Calendar Year 2004 - 27 pay periods, and establishment of a time limit for an employee to request an arbitrator in the event of an appeal. . Minor contractual changes providing for streamlining and consistency within the organization. Because of salary savings created by the City's "soft" hiring freeze, the costs associated with this contract can be absorbed within the current budget and will be included in the budget for next year. While it was extremely difficult to balance the needs of the City and TPSSA 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 TPSSA's membership. JicLicL /n{LJJ~ Arlene Marks, SPHR Director of Human Resources Attachments: Resolution 04-34 City of Tustin and Tustin Police Support Services Association MOU 2004 S:\City Council Agenda ltems\2004\StaffReport TPSSA 2004.doc MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE SUPPORT SERVICES ASSOCIATION TERM: APRIL 5, 2004 TO DECEMBER 31, 2004 S:\TPSSA\TPSSA MOU 2004 Final.doc 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. Article 44. Article 45. Article 46. Article 47. Article 48. Article 49. TABLE OF CONTENTS Represented Classes ...............................................................................................4 Compensation ..........................................................................................................5 Payroll Deduction .....................................................................................................7 Pay Periods..............................................................................................................7 Probationary Period..................................................................................................7 Uniforms...................................................................................................................8 Bilingual Compensation............................................................................................8 Retirement................................................................................................................8 Social Security .........................................................................................................8 Overtime Compensation...........................................................................................9 Employee Life Insurance .........................................................................................9 Flexible Benefits Plan...............................................................................................9 Consolidated Omnibus Budget Reconciliation Act 1985.........................................10 Retiree's Health Insurance ....................................................................................10 Bereavement Leave ...............................................................................................11 Attendance .............................................'.............................................................. 11 Holidays .................................................................................................................12 General Leave.............................................................,..........................................13 Other Leave ...........................................................................................................14 L TD Leave of Absence and Short-term/Long-Term Disability Program...................14 Compensatory Time ...............................................................................................16 Rest Periods...........................................................................................................17 Leaves....................................................................................................................17 Stand-by Duty.........................................................................................................17 Call Back Duty .......................................................................................................17 Tuition Reimbursement ..........................................................................................18 Work Schedules .....................................................................................................18 Shift Differential .....................................................................................................19 Acting Pay ..............................................................................................................19 Lunch Break ...........................................................................................................19 Paid Lunch .............................................................................................................19 Training Pay ...........................................................................................................20 Performance Evaluations........................................................................................20 Appeals and Hearings ............................................................................................21 Grievance Procedure..............................................................................................25 Severance Pay and Assistance to Layoffs..............................................................28 Layoffs....................................................................................................................28 Family Leave..........................................................................................................29 No Strike/Job Action ...............................................................................................29 Management Rights Clause ...................................................................................30 Employee Rights ....................................................................................................30 Due Process Rights................................................................................................31 Application of Agreement.......................................................................................31 Gender ...................................................................................................................31 Severability.............................................................................................................32 Binding on Successors...........................................................................................32 Ratification .............................................................................................................32 Notices ...................................................................................................................32 Subject to State Law...............................................................................................32 S:\TPSSA\TPSSA MOU 2004 Final.doc TABLE OF CONTENTS Article 50. Entire Agreement ...................................................................................................32 Article 51. Membership Meetings ............................................................................................33 Article 52. Agency Shop..........................................................................................................33 Article 53 Re-opener ..............................................................................................................36 Article 54. Term of Agreement................................................................................................36 Attachment A - SALARY SCHEDULE EFFECTIVE APRIL 5, 2004 ....................................................37 Attachment B - SALARY SCHEDULE EFFECTIVE JUNE 28, 2004 ...................................................38 S:\TPSSA\TPSSA MOU 2004 Final.doc MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES ASSOCIATION April 5, 2004 through December 31, 2004 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, hereinafter ",City," the City's representatives have met and conferred in good faith with representatives of the Tustin Police Support Services Association, hereinafter "Association" pertaining to the subject of employee wages, benefits and conditions of employment; and WHEREAS, the meetings between the Association and City representatives have resulted in an agreement and understanding to recommend that the employees represented by the Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions said changes to the wages, hours, and conditions of employment. WITNESSETH WHEREAS, the Association is the majority representative of City employees in the representation unit, titled Police Non-Sworn, comprised of all full-time non- sworn, non-administrative, and non-management employees of the Police Department, City of Tustin for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative the Association is empowered to act on behalf of all employees in the unit, whether or not they are individually members of the Association. Article 1. ReDresented Classes. The classifications that comprise the Police Non-Sworn Representation Unit are as follows: Communications Officer I Communications Officer II Communications Officer III Police Services Officer I Police Services Officer II Police Services Officer III Police Support Specialist Property & Evidence Technician Property & Evidence Leadworker Part-time regular classifications, designated pursuant to the annual budget, listed below shall be covered by this agreement: NONE Regular part-time classifications, designated pursuant to the City budget, are those classifications/positions that are anticipated to have work scheduled on a regular year-round basis, an average of twenty or more hours per week, and the position is anticipated to continue for a period in excess of twelve months. Such classifications shall be designated as half-time (20-29 hours per week) or three-quarter time (30-39 hours per week). S:\TPSSA\TPSSA MOU 2004 Final.doc Page 4 of 38 The City shall budget annually for all positions on a Y. time, % time or full time basis. Only those classifications designated as a regular allocated position shall be included for representation in this unit. Article 2. ComDensation. Unit employees are placed on a salary and wage schedule consisting of five steps or rates of pay in each range with an approximate increment of 5% between steps. The monthly salary ranges for all represented classifications effective April 5, 2004 are listed in Appendix A of this agreement. Effective June 28, 2004, the base salary rates of certain represented classifications, and of all bargaining unit employees (other than those who have been "Y" rated) in those classifications, shall be increased as listed in Appendix B of this agreement A. Resolution #88-103. SECTION 5. SALARY ADMINISTRATION, F. Salary in other Instances, (2) Salary on Promotion, shall be amended to provide that upon a promotion the employee shall receive a salary adjustment of at least 5%, provided that in no event shall the promoted employee's salary exceed the maximum of the range of the class to which he is promoted. B. The preparation of the City's compensation plan, as related to those classifications represented by TPSSA, as described in Section 4 of the City's Personnel Rules and Regulations shall be subject to the meet and confer process. C. Unit employees shall be paid their earned salary on a bi-weekly basis. D. Any 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. However, any approved leaves of absence exceeding fifteen (15) work days will 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 fifteen (15) work days. Salary adjustments such as normal increases and promotions shall be made at the start of the pay period closest to the employee's salary review date unless otherwise authorized by the Human Resources Director. E. 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. S:\TPSSAITPSSA MOU 2004 Final.doc Page 5 of 38 2. Employee 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. Employee 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. F. Salary on Demotion, Transfer or Reassignment 1. A bargaining unit employee subject to an involuntary demotion shall have his/her new salary set at the highest step for the classification demoted to closest to the step within the range of the classification to which he/she is demoted 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 shall be eligible for their next merit increase at their next salary review date which existed prior to the demotion. Employees being demoted pursuant to a "Y" rating agreement between the City and TPSSA may by mutual agreement of the parties retain their current salary level until such time as the salary range for the classification demoted to becomes equal to or greater than their "Y" rated salary. Said employees shall retain their existing salary review date. 2. A regular 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. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 6 of 38 3. An employee who is transferred shall continue to receive the same salary rate and his/her salary review date shall not change. 4. When a classification is reassigned to a higher salary range the salary of each incumbent on the effective date of the reassignment shall be moved to the step with the closest corresponding hourly rate in the new range and the salary review date shall not change. Article 3. 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; 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. All authorized deductions to TPSSA L. Purchase of United States Savings Bonds; M. Payment for non-return of uniforms and/or equipment issued; N. Other purposes as may be authorized by the City; O. Deferred Compensation. Article 4. 27 Pay periods. Calendar year 2004 will have 27 pay periods. On the 27th pay period no deductions will be made for health benefits nor will the employee receive any flexible benefit contribution. Article 5. Probationary Period. Each bargaining unit employee shall be subject to an original and promotional probationary period of one year. The Department Head 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. S:\TPSSAITPSSA MOU 2004 Final.doc Page 7 of 38 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 6. Uniforms. The City will provide a uniform maintenance allowance of two-hundred and fifty dollars ($250.00) annually for those employees required by the City to wear uniforms full time. A unit employee who wears a uniform half-time shall be compensated at fifty percent, an annual amount of one hundred and twenty-five dollars ($125.00) Article 7. Bilinaual ComDensation. The City shall pay seventy-five dollars ($75.00) per month to employees in City designated positions who can demonstrate a skill in Spanish at the conversational level, or in another language which the City Manager has approved as being needed for City business. Should a conflict arise regarding designation of an employee for compensation, proficiency and need shall determine who is eligible. Management will determine where and when the need is greatest, and management will devise and administer a testing vehicle to determine degrees of proficiency. Article 8. Retirement. A. The City shall continue to "pick up" and pay on behalf of each employee the employee's required contribution to the Public Employees Retirement System (PERS) in the amount equal to seven percent (7%) of the employee's "compensation earnable". Employees serving in a classification covered by this agreement shall have a vested right to receive all of the retirement benefits entitled them as of the effective date of this agreement. Employees serving in a classification covered by this agreement participate in the PERS 2% @ 55 Supplemental or Modified Formula for Local Miscellaneous Members which includes one-year final compensation (final compensation calculated using the last, or highest, twelve consecutive monthly pay rates) and the 3rd level of 1959 Survivor Benefits. B. Designated regular part-time unit employees shall be eligible for participation in PERS in the same manner as regular full-time employees. C. The employee is required to pay the cost of the employee share of 3'd Level, 1959 Survivor Benefits Premium. Article 9. 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. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 8 of 38 Article 10. Overtime ComDensation. All represented employees shall receive premium compensation of time and one-half for all approved overtime hours worked in excess of; (1) regularly scheduled hours per shift or (2) forty (40) hours worked in a seven (7) day work period. General Leave, Compensatory Time and Holiday Hours shall be included within the above hours for eligibility, provided however, that standby time shall not be considered in determining entitlement to premium compensation. Article 11. EmDlovee Life Insurance. City will provide life insurance on each life of each regular, permanent full-time, non-administrative, non-confidential, non-management general employee of the City and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1 ,000.00. Designated regular part-time unit employees shall be eligible for employee life insurance on a pro-rata share based upon position allocation. The death benefit of said policy for part-time employees shall be the greater of $25,000.00 (for 1/2 time) or $37,500 (for 3/4 time). Article 12. Flexible Benefits Plan. The Flexible Benefits Plan will be as follows: A. Flexible Benefits Contribution per month per eligible employee: Employee Only Employee + 1 Dependent Employee + 2 or more Dependents $372 $568 $744 Designated regular part-time employees shall be eligible for the flexible benefit plan contribution on a pro-rata share based upon allocation (Le. a Y. time employee shall receive a 50% allocation; a :y. time employee shall receive a 75% allocation). B. Employees who do not take medical insurance through the program offered by the City shall receive $300 per month in lieu of the flexible benefits contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical and dental insurance coverage comparable to coverage available through the City program. Designated regular part-time employees shall be eligible for the in-lieu flexible benefit plan contribution on a pro-rata share based upon allocation (Le. a Y. time employee shall receive a 50% allocation; a :y. time employee shall receive a 75% allocation). S:\TPSSA\TPSSA MOU 2004 Final.doc Page 9 of 38 C. D. 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 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 allocations to the respective programs. 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 13. Consolidated Omnibus Budaet 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 14. 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 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 made for eligible retirees under the PERS Public Employees' Medical and Hospital Care Act Program. S:\TPSSAITPSSA MOU 2004 Final.doc Page 10 of 38 TPSSA will participate in a joint labor-management committee to explore funding alternatives that involve employee contributions to fund premiums in excess of the City's contribution for retiree health insurance. Article 15. Bereavement Leave. City will allow up to three (3) days with pay for the purpose of bereavement leave for all non-administrative, non- confidential, and non-management general employees of City in the event of a death in the immediate family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. Article 16. Attendance. All bargaining unit employees shall be in attendance at work in accordance with the City's and/or Department's 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 his/her 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 a manner may be considered absence without authorized leave. A deduction of pay may be made for the duration of any absence without authorized 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 a salary range shall be considered as interrupted if the employee experiences a leave of absence without pay in excess of fifteen (15) work 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. S:\TPSSAITPSSA MOU 2004 Final.doc Page110f38 B. Article 17. Holidays. The following days shall be holidays for which full-time regular and probationary employees, in permanent positions, will receive compensation either in payor paid time off. January 1 Third Monday in February Last Monday in May July4 First Monday in September November 11 Thursday in November designated by the President or Governor as Thanksgiving Day. Day following 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 Holiday Christmas Day New Year's Eve Holiday A. When a holiday falls on a Sunday, the following Monday will be observed instead. When a holiday falls on a Saturday, the preceding Friday will be observed instead. During the term of this agreement when a holiday falls on a Friday that is not a workday the holiday will be observed on the following Monday. For each holiday, full-time regular and probationary personnel on shifts will receive nine (9) hours of General Leave for each day or equivalent pay, whichever, in the judgment of the Personnel Officer, best serves the interest of the City. Full-time regular and probationary personnel not assigned to shifts will receive paid time off; nine (9) hours for a day. If a non-shift employee's scheduled day off falls on the day of the holiday, he shall receive nine (9) hours pay for each day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his regular shift, credited compensatory time or general leave will be used to ensure that hours paid will be equal to what he would receive for his regular shift. 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 January (Jan - September holidays) and October (October - Dec holidays) of each year. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 12 of 38 c. 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. D. 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). E. The City will explore if these payments can be made as a separate payroll in an effort to assist in reducing immediate tax liability. F. Consistent with Sections Band C above, the City will offer a one-time holiday payout election for the remaining 9 hours of holiday for calendar year 2003 on April 1, 2003 with the payout to occur with the check issue date of May 9, 2003. Article 18. General Leave. General leave with pay shall be granted to each full-time regular and probationary employee at the rate listed below per year, prorated on a bi-weekly basis for each bi-weekly pay period in which the employee works more than half time. C. Periods of Service 0-5 years 6-10" " Over10"" General Leave Hours Per Year 160 208 248 A. Each calendar year employees may accumulate General Leave to a maximum of twice the employee's annual entitlement. Upon reaching the maximum the employee may continue to accrue General Leave until the end of the calendar year. 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. B. Designated regular part-time unit employees shall be eligible for the general leave on a pro-rata share based upon position. Pay in lieu of General leave, up to accrual limits, will be granted upon termination of City employment or upon a finding of hardship by the City Manager. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 13 of 38 D. 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. Article 19. Other Leaves. A. Jury Duty Leave - All bargaining unit employees on jury duty leave will receive full City salary (for days served on during their regular work day/schedule). The employee will turn over all amounts payable to the employee by the courts for jury duty except for mileage and subsistence reimbursement. B. 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 Workers' Compensation laws of the State of California shall be paid: 1. Full salary and benefits to a maximum of three (3) months if they have less than three (3) full years of City service. 2. Full salary and benefits to a maximum of six (6) months if they have three (3) or more full years of City service. 3. All other benefits as prescribed under the Workers' Compensation laws of the State of California. 4. Benefits will be terminated upon any of the following: a) Employee returns to duty. b) Temporary disability payments are terminated by means of an agreed settlement or permanent disability rating. c) Employee retires from City service. Whichever occurs first. Article 20. L TD Leave of Absence and Short-term/Lona-term Disabilitv Program. An employee, who has satisfied his/her initial probationary period, and who is receiving L TD benefits under the City's program will be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of one (1) year. Employees remaining on long term disability benefits longer than one year may receive a leave extension of up to an additional six (6) months with City Council approval. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 14 of 38 An employee on leave pursuant to this section shall be reinstated to his/her position held immediately prior to the disability leave, provided said position has not been eliminated due to a reduction in force, pursuant to receiving a release to return to unrestricted and unmodified duty by the employee's attending physician. Nothing contained in this Article is intended to conflict with or waive employee rights under State or Federal law including the Americans with Disabilities Act. Short-term/Lona-term Disability Program A. The City shall maintain a short/long term disability program providing eligible employees a benefit of 60% of base salary pre-disability earnings after a 30 calendar day waiting period. Eligibility for benefits is subject to the STD/L TD carrier. F. G. B. All unit employees are required to participate in the program; currently premiums are deducted from the employee's pay on an after-tax basis. C. In the event an illness or injury is anticipated to exceed 30 calendar days, and such illness/injury is not covered by other provisions of the MOU or the City's Personnel Rules, Regulations and/or other policies, the employee is first required to utilize 80 consecutive hours of his/her general leave or compensatory time during the 30 calendar day period beginning with the first day of the leave. In the event no leave time is available the employee shall be on leave without pay. D. The second 80 hours of this absence (elimination period) shall be paid by the City at the rate of 60% of the employees base salary pre- disability earnings. This City payment is taxable income. The employee may supplement this City payment with general leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. E. In the event the employee is eligible for FMLA, such leave and any benefits/payment provided hereunder shall not be additional to other provisions of the MOU or the City's Personnel Rules, Regulations and/or other policies. In the event a new (employed less than 12 months) employee is not eligible for FMLA, the City's will provide the employee the same flexible medical benefits as provided while working for a period not to exceed 90 days. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs first), no general or other leave shall accrue to the employee. S:\TPSSAITPSSA MOU 2004 Final.doc Page 150f38 H. The employee may supplement the STD/L TD carrier's payment with general leave or other available leave to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. I. The employee is responsible for all benefit elections and payments during his/her leave unless he/she is eligible to opt out of such elections and chooses to do so. The employee will be provided a form to make such elections. In the event the employee elects to continue his/her benefit elections, the employee is required to make timely payment to the City for such elections (including the cost of the STD/L TD program). In the event timely payment is not made, the City is authorized to reduce the employee's general leave and/or other leave accounts, in an amount equivalent to the premiums owed by the employee. In the event no general or other leave is available, the City is authorized to cancel the employee's coverage. J. In the event the employee, pursuant to a Workers' Compensation injury/illness, has previously received payment by the City, under the terms of a settlement, for the same iIInesslinjury, the employee shall not be entitled to paid leave or continued benefits under sub-section "D". K. At the time of the STD/L TD program's next renewal, the City shall request bids for a program that provides income replacement at both 60% and at 66 2/3% of pre-disability earnings. Article 21. ComDensatorv Time. Employees will be paid for all compensatory time in December of each year provided that an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to the City. 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. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 16 of 38 Article 22. Rest Periods. Unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their work shift. Employees are encouraged to take their rest breaks. In the event an employee is unable to take his her/ break(s), and is required to work through his/her breaks(s), the employee shall confirm the necessity of working through his/her break(s) with the immediate supervisor who shall then authorize equivalent compensation for the break(s) missed. The employee shall complete his/her timecard and all necessary paperwork so that the employee receives the additional compensation, which was approved by the immediate supervisor who confirmed the necessity of working through the break(s). No employee shall be intimidated, coerced, or discriminated against for exercising his/her entitlement to rest periods or for seeking direction from the immediate supervisor on working through rest breaks(s). Article 23 Leaves. Resolution #88-103 will be amended to provide that needs of the employee will be considered in the granting of leaves of absence and employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. Article 24. Stand-bv Duty. Employees assigned to stand-by duty shall be compensated at the rate of one (1) hour of straight-time compensation for each eight (8) hours of such duty. Such compensation on Holidays shall be at the rate of two (2) hours of straight-time compensation for each eight (8) hours of stand-by duty. Standby duty for scheduled court appearances on behalf of the City shall be compensated at a rate of two (2) hours straight time for morning (a.m. hours) appearances and two (2) hours straight time for afternoon (p.m. hours) appearances. If a scheduled stand by is canceled and the employee is not advised of the cancellation before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the employee prior to 6:00 p.m. on the day prior will negate the two hours of standby pay. Employees who are scheduled for standby shall advise the department of a telephone number where they can be either reached or a message can be left to advise them of a cancellation. Article 25 Call Back Duty. Employees shall receive a minimum of two (2) hours overtime compensation (time and one-half) for any call which requires them to return to duty. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 17 of 38 Article 26. Tuition Reimbursement. Employees shall be encouraged to further their academic education and training in those areas of benefit both to the employee and to the City. Full-time and designated regular part-time employees shall be eligible for tuition reimbursement on a pro-rata share based upon allocation (Le. a Y. time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation) will be eligible for reimbursement of eligible expenses by the City for professional and technical courses subject to the following conditions and related Council Policy statements: A. Department Head and Human Resources Director approval must be obtained before enrollment in the course. B. Reimbursement shall be of tuition fees, textbooks, lab fees, or required supplies upon completion of the course with a satisfactory grade and after the completion of the initial probationary period. C. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. Reimbursement for up to seven hundred and fifty dollars ($750.00) each calendar year if the employee is attending a community college or one thousand five hundred dollars ($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 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 one thousand dollars ($1000.00). Article 27. Work Schedules. A. Subject to the conditions in this Article the City will continue the 9/80 work schedule, (in a 14-day work cycle the employee works eight 9-hour days where the scheduled work shift commences and ends at the same time each day, and one eight-hour work day, with one period of 3 consecutive days off and one period of two consecutive days off) for all employees except Communications Officers, Records Clerks or designated Police Services Officer who work either a 3/12.5 schedule, (in a 14-day work cycle there are 6 work shifts divided into 3 consecutive shift segments with each shift consisting of 12 hours work time and 1/2 hour lunch period plus 1 work shift of 8 hours work time and 1/2 hour lunch period) or 4/10 work schedule, (in a 7-day work cycle the employee works four 10-hour days where the scheduled work shift commences and ends at the same time each day, with three consecutive days off) or some other schedule upon mutual agreement of the City and employee. Continuation of the schedules are subject to needs of the City provided that if a 4/10 or 3/12.5 work schedule is discontinued, affected employees will be placed on the 9/80 schedule. D. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 180f38 B. Upon mutual agreement of the City and employee, schedules other than those defined herein may be implemented. Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8) or more hours in duration. Article 28. Shift Differential. Any unit employee assigned on a regular basis (ten or more continuous working days) to a shift that requires the employee to work hours after 8:00 p.m. shall receive a shift differential of twenty-five dollars ($25.00) per pay period. The right to assign and/or reassign an individual to a particular shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the grievance and/or discipline appeals process. Article 29. Actina Pay. An employee assigned to work in a classification paid more than the classification he/she holds will receive a pay rate which is at least 5% higher than the rate he/she is normally paid. This rate will be paid after the employee has been in the assignment for thirty (30) consecutive calendar days. In no event shall the acting pay rate exceed the highest step in the range in which the employee is acting nor shall the acting pay be less than then the lowest step of the of the range in which the employee is acting. Article 30. Lunch Break. An employee required to work through his/her lunch shift shall complete his/her timecard and all necessary paperwork so that the employee receives the appropriate pay for time worked pursuant to the Fair Labor Standards Act. Any employee required to monitor a radio or telephone during his/her lunch break shall be considered on paid status during the lunch break and shall be paid for said time. No employee shall be restricted to any specific area or location during a non- paid lunch break. Interruption of the employee's non-paid lunch break shall require payment for the full lunch break or the granting of an additional thirty (30) minute non-paid lunch break during the work shift. No employee shall be intimidated, coerced, or discriminated against for exercising his/her entitlement to lunch breaks as provided for in this Article. Article 31. Paid Lunch. A regular employee in the classification of Communications Officer, Police Services Officer or Police Support Specialist (only those uniformed individuals regularly scheduled to the Records Section are eligible), AND who is assigned to work a 3/12 work schedule, shall be entitled to receive compensation for a lunch break period not to exceed 30 minutes. This will result in compensation equaling 12.5 hours per assigned shift or 37.5 hours per calendar week. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 19 of 38 Said individuals (assigned to the 12.5 hour work day in a fourteen (14) day work cycle) will work six work shifts divided into three consecutive shift segments with each shift consisting of 12.5 hours, plus one work shift of 5 hours work time (equates to 80 hours over a 14 day period). This benefit is provided due to the nature of the work performed in these specific affected classifications and the requirement that these employees be present in the police facility and/or at their workstations and/or monitor their radios during lunch breaks. In the event an employee requests a lunch period free from recall status, such a break may be approved by the on-duty supervisor with consideration to workload and deployment, and the employee shall submit a General Leave request for the approved time away from the workstation. The City will pursue the 7K exemption for unit employees; however the City retains it right to limit paid lunches to the classifications and assignments as indicated above. Article 32. Trainina Pav. In FY 04/05, the City will establish Communications Officer III positions at four percent (4%) above the Communications Officer II as the training classification. These positions will be filled by first offering a competitive internal recruitment. Absent an adequate number of qualified internal candidates, management may recruit from the outside and direct a Communications Officer II to train at the III salary level until the positions are filled. Unit employees (with the exception of the Lead Property and Evidence Technician and the Communications Officer III) assigned to train a Communications Officer, Police Support Specialist, Property and Evidence Technician and/or a Police Services Officer, shall receive in addition to their regular compensation, training pay (during the time assigned to train) at the rate of $50.00 per pay period. The City has the absolute discretion regarding the assignment and reassignment of employees as a trainer. 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 appeal procedure. It is the responsibility of an employee in a lead classification (Lead Property and Evidence Technician and Communications Officer III) to provide leadership and training without additional compensation. Article 33. Performance Evaluations. An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 20 of 38 Article 34. AD Deals and Hearinas. PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS A. Pre-disciplinary Hearings An employee who has attained a regular appointment shall have the right to a pre-disciplinary hearing before his/her Department Head or designee whenever the employee may be subject to a demotion, non- emergency suspension, or non-emergency dismissal. In the event of an emergency suspension or dismissal a hearing will be conducted by the Department Head or designee as soon as practicable after the action has been taken. B. Procedure for Pre-disciplinary Hearings Notice of a proposed disciplinary action shall be provided to the employee including a statement of the proposed action, the reasons therefore, and a copy of the charges and materials upon which the action is based. The employee shall have ten (10) days to respond orally, in writing, or both to the charges. Within ten (10) days of the employee's response, s/he will be advised in writing of the City's decision. If the disciplinary action is upheld, the employee will receive a Notice of Disciplinary Action stating the action taken, the reasons therefore, and the employee's right to appeal. C. Post-Discipline Appeal Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal the action in writing to the City Manager. D. Effective Date of Disciplinary Action The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a termination, the employee shall cease to be an employee of the City on the effective date of the termination. E. Calendar Days Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s). S:\TPSSA\TPSSA MOU 2004 Final.doc Page 21 of 38 APPEALS PROCEDURE A. If a timely appeal is filed as provided in the GRIEVANCE PROCEDURE or PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS the City Manager may hear the appeal or appoint any City managemenUsupervisory employee or arbiter to hear the appeal. B. An "arbiter" is a person with experience acting as a hearing officer on public employment issues. Any hearing conducted by an arbiter shall not be considered an arbitration as defined in Civil Code Section 1281.6. C. In the event that the employee organization requests that an arbiter hear the appeal, such a request will be honored provided the request is made within the ten (10) days after receiving the notice of disciplinary action. The arbiter shall be chosen from a panel of 3 arbiters, which shall consist of 1 arbiter selected by the Association, 1 selected by the City and 1 selected through a drawing involving 6 names of arbiters (3 chosen by the association and 3 chosen by the City). The panel shall be used for all hearings conducted during the term of this agreement unless changed by mutual agreement of the City and Association. The first panel arbiter to be used will be selected by a drawing; thereafter the basis of selection will be rotation with the first arbiter placed in the number 3 position. D. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a written report outlining his/her findings, conclusions, and recommendations to the City Manager. E. Within ten (10) days of the receipt of the hearing officer's report or the conclusion of the hearing if it was conducted by the City Manager or his/her City appointee the City Manager shall provide his/her written decision to the employee. HEARINGS A. Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager provided that the parties may agree to a longer or shorter period of time. B. All hearings involving disciplinary action against an employee shall be closed to the public unless the affected employee requests that the hearing be open to the public. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 22 of 38 C. 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 rule, which might make improper 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 hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence. D. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify in her/his own behalf, s/he may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. Upon the mutual agreement of the parties a court reporter will be engaged to record the hearing, provided that either party may engage a reporter with the understanding that there will be no cost to the other party. E. The hearing shall proceed in the following order, unless the hearing officer, for special reasons, otherwise directs: (1 ) Opening statements shall be permitted with the complainant proceeding first. (2) In the presentation of cases, the party bearing the burden of proof shall make the first presentation. If witnesses are called, the opposing party shall have the right to cross-examine the witnesses on any matter relevant to the issues, even though that matter was not covered on direct examination. (3) The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case. (4) Closing arguments and written briefs shall be permitted. S:ITPSSAITPSSA MOU 2004 Final.doc Page 23 of 38 (5) (6) (7) F. The hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. S/he 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 hearing officer, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason s/he believes to be important to reaching a fair and proper decision. The hearing officer shall have no authority to amend, alter, or modify a Memorandum of Understanding or any sections of the City Personnel Rules and Regulations and shall limit his/her recommendations to the interpretation and application of the Memorandum of Understanding(s), agreement at issue and/or the City Personnel Rules and Regulations. In appeals from disciplinary actions the hearing officer may recommend sustaining, rejecting or modifying the disciplinary action provided that s/he may not recommend discipline more stringent than that invoked by the City. The hearing officer's findings, conclusion and recommendations shall be filed with the City Manager, with a copy sent to the appellant and the Personnel Officer. The City Manager, in his/her sole discretion, may hear limited oral arguments and/or request written statements from either party on the hearing officer's findings, conclusions, and recommendations. The City Manager shall inform the appellant of his/her decision regarding the appeal within ten (10) days of the conclusion of the hearing or if the appeal is heard by a hearing officer other than the City Manager, within ten (10) days of the receipt of the hearing officer's report. The decision of the City Manager regarding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Manager's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 24 of 38 G. If the City manager chooses to have the appeal heard by an arbiter the City shall bear the cost of the hearing ûp to a maximum of $1,000.00; any excess cost will be shared equally by the City and appellant. If the employee organization requested that an arbiter be appointed to hear the appeal the organization shall pay the cost of the hearing up to a maximum of $1,000.00; any excess cost will be shared equally by the City and organization. If either party orders a transcript for their review, the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court reporter, the party responsible for the cancellation or postponement shall be solely responsible for payment of the fee. The arbiter shall submit his/her bills for services to the party, which is obligated to pay them pursuant to this section. H. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) days prior to the commencement of the hearing; after commencement, subpoenas shall be issued only at the discretion of the hearing officer. I. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the grievant and an authorized management representative. Article 35. Grievance Procedure. These procedures are established to provide for the resolution of grievances of unit employees. LIMITATIONS The procedures set forth in this Section shall apply to all grievances involving unit employees. Excluded from this procedure are grievances related to: 1. The amendment or change of City Council resolutions, ordinances or minute orders, which do not involve provisions of a Memorandum of Understanding (MOU), Personnel Rules and Regulations, or other agreements between the City and employee organization. 2. Position classification. DEFINITIONS 1. Grievance: An expressed claim that there has been a violation, misinterpretation, or misapplication of a provision of the Personnel Rules and Regulations or Memorandum of Understanding, or a violation or potential violation of state or federal law. S:\TPSSAITPSSA MOU 2004 Final.doc Page 25 of 38 2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a provision of the Personnel Rules and Regulations, an agreement between the City and employee organization, Memorandum of Understanding or violation or potential violation of state or federal law. 3. Grievance Procedure: The process by which the validity of a grievance is determined and resolution effected. 4. Unless otherwise indicated, "day or days" when used in this section shall be calendar day(s). PROCEDURE Step 1. The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. The grievant shall state the facts necessary to an understanding of the issues involved; refrain from including any unrelated charges; cite the sections of the City resolutions, agreement, memorandum of understanding or rules alleged to have been violated and the remedy sought. The grievant shall submit the grievance form to his/her immediate supervisor, provided that if the employee suspects or has proof that a federal or state law is being violated or is about to be violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of the form, the supervisor shall inform the grievant of his/her decision. Grievances submitted by employee organization representatives that involve issues potentially impacting the organization's rights or membership as a whole shall be filed at Step 3. Step 2. If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar days after receipt of the supervisor's response, submit the grievance to his/her Department Head. After receipt of the grievance, the Department Head will meet with the grievant and make such investigation as is required. Within ten (10) days of his/her meeting with the grievant, the Department Head shall inform the grievant of his/her decision. S:\TPSSAITPSSA MOU 2004 Final.doc Page 26 of 38 Step 3. If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization grievances, the grievant may submit the grievance to the City Manager. Employee grievances are to be submitted within ten (10) days of receipt of the Department Head's decision. Such submittal shall include the original of the grievance form and a written statement of any issues that are in dispute. The City Manager has the sole discretion to hear the grievance him/herself or appoint any City managemenUsupervisory employee (except the employee's Department Head), or an arbiter, as defined in the Hearing and Appeals Procedures, to hear the grievance and submit a recommendation as to resolution of the grievance. Upon the request of the employee organization that an arbiter hear the grievance the City Manager shall honor the request with the grievance then being treated as an appeal to be processed in accordance with the Hearing and Appeals Procedures. GENERAL PROVISIONS 1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the person or organization representative suspected as having violated provisions of the Personnel Rules and Regulations or Memorandum of Understanding. Upon a showing of good cause to the Human resources Director, such discussion may be waived between an employee and his/her immediate supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate actions of the supervisor form the basis for the grievance and the employee has reasonable cause to believe that the supervisor would not be objective. 2. An employee may obtain a grievance form from his/her supervisor or the Human Resources department All documents, communications, and records dealing with the processing of grievances shall be filed separately from personnel files. 3. No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. 4. Failure by management at any step of this procedure to communicate their decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step. 5. A grievant shall be entitled to be present at all steps of the procedure. 6. Failure by the grievant to appeal a decision on a grievance within the specified time limits shall be deemed acceptance of the decision rendered. S:\TPSSAITPSSA MOU 2004 Final.doc Page 27 of 38 7. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the grievant and an authorized management representative. EMPLOYEE REPRESENTATION 1. An employee may represent him/herself or be represented by a representative of the employee organization. 2. If an employee chooses not to be represented by the employee organization and the subject of the grievance involves MOU or other provisions which have been negotiated between the City and the employee organization, the organization may have staff representatives present beginning with Step 3, and shall have the right to present the organization's interpretation of the provisions at issue. Such presentation shall not include comments regarding the merits of the grievance. Article 36. Severance Pay and Assistance to Lavoffees. A. Severance pay of one week per year of service subject to a maximum of 4 weeks pay, will be provided to employees who are laid off and not offered employment through an agreement between a contractor and the City of Tustin. B. Letters of recommendation will be provided for employees whose performance was satisfactory on the date of their layoff. C. Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Article 37. Lavoff. Employees in the City service may be laid off because of material change in duties or organization, shortage of work or lack of funds. Ten (10) working days before the effective date of layoff, the employee shall be notified of the intended action with the reasons therefore. The Department Head shall provide the City Manager a statement certifying whether or not ~he services of the employee have been satisfactory and a copy of such notice shall be given the employee affected. The name of the employee laid off shall be placed on the appropriate employment list as provided in the City's Personnel Rules and Regulation, if certified as having given satisfactory service. Any employee receiving notice of layoff pursuant to this section shall have the right to bump down to a classification of lower salary previously held by said employee if any incumbent is such classification has less seniority of service with the City. S:ITPSSAITPSSA MOU 2004 Final.doc Page 28 of 38 Article 38 Familv Leave. As required by State and Federal law ("FMLA"), the City will provide and administer family and medical care leave for eligible employees pursuant to the Federal Family and Medical Leave Act of 1993 and the California Family Rights Act (CFRA) (Government Code 12945.2). Rights of qualified employees under FMLA include, but are not limited to: 1. Entitlement of up to 12 weeks of unpaid leave in a year 2. Continuation of the City's portion of any medical insurance contributions made on behalf of the employee during the FMLA 3. No loss of seniority for the FMLA period. In conjunction with FMLA, an employee may supplement his/her salary continuation, STD, L TD, or Workers' Compensation with accumulated General Leave, and/or compensatory time, in an amount to enable the employee to receive up to 100% of his/her pre-disability earnings. Article 39. 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 violating the Agreement and that they are engaging in unauthorized conduct and resume full and faithful performance of their job duties. The City agrees it will not lock out employees during the term of this agreement. S:ITPSSAITPSSA MOU 2004 Final.doc Page 29 of 38 Article 40. Manaaement Riahts Clause. Except as otherwise specifically provided in State and 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 contract or subcontract services and/or work.. 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 upon notification to the Association regarding the nature and expected duration of the emergency. 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 to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay-off or discharge for just cause any employee. The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. Article 41. Employee Riahts. As the recognized representative of the employees covered by the MOU, the City acknowledges and recognizes the following employee rights: A. TPSSA shall have access to and be provided with payroll deduction (as currently provided) of dues, fees, and assessments without charge through the City's regular payroll system. B. TPSSA shall be afforded the reasonable use of department bulletin boards for the posting of notices, updates, meeting minutes and other material related to TPSSA business. C. TPSSA 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. D. Upon notice, and subject to availability, the City shall allow TPSSA the use of City facilities including meeting rooms for TPSSA membership, Board of Directors and committee meetings. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 30 of 38 E. TPSSA shall have the right to representation by TPSSA in processing grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with TPSSA representative for discussion and consultation on grievances and disciplinary appeals. F. TPSSA shall have the exclusive right on behalf of the bargaining unit to meet and confer with management over maters of wages, benefits, hours, and terms and conditions of employment pursuant to State and Federal laws. G. All bargaining unit members shall have the right to join and participate in the activities of TPSSA free from management interference, intimidation, coercion, or discrimination. H. TPSSA shall have the right to distribute reasonable association information and newsletters at the job site. I. TPSSA representatives shall have the right reasonable usage of department telephones for the discussion of TPSSA business. J. TPSSA representatives and consultants shall have the right of reasonable access to the workplace. K. All other rights and privileges currently in effect or which may be enacted in the future pursuant to Sate of Federal law. Article 42. Due Process Riahts. Due process rights mandated by California statutes or judicial direction will be observed in the taking of the disciplinary actions as contemplated in City Resolution #88-103, SECTION 8. ATTENDANCE AND LEAVES, A. Attendance. (4); SECTION 9. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT, C. Demotion., D. Suspension; and SECTION 10. SEPARATION FROM THE SERVICE, A. Discharge. and D. Disability. Article 43. ADDlication 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 representation unit, represented by Association, and that this Memorandum covers only said employees. It is not solely limited to the members of said Association. Article 44. 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. S:\TPSSA\TPSSA MQU 2004 Final.doc Page 31 of 38 Article 45. 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 parts hereof. Article 46 Bindina 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, transfer or assignment of either party hereto. Article 47. Ratification. This memorandum contains all the terms and conditions agreed to between the parties. The memorandum shall be of no force or effect unless and until duly approved, adopted, ratified, and agreed to by the City Council of City, or in alternative, that all of the substantive provisions contained herein are adopted by Resolution of the City Council. Article 48. Notices. Notices hereunder shall be in writing, and if to the Association, shall be mailed to the Tustin Police Support Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780; and, if the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92680. Article 49. Subiect to State Law. Any provisions contained in this agreement to the contrary notwithstanding, the parties expressly understand and agree that City shall not be required to provide any compensation, fringe, or other benefits to employees which are contrary to any provisions of State law and/or which will or may result in any limitation, disability or restriction upon the right of City to receive funds, share in funds, and/or receive other benefits from the United States of America, State of California, or any subdivision or agency of either of them or any other political subdivision or entity. Article 50. Entire Aareement. This agreement, upon ratification and adoption, supersedes all prior agreements 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 TPSSA 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 exist this memorandum of understanding shall prevail. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 32 of 38 The City and TPSSA 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 n 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 51. MembershiD Meetinas. Each Association member shall be entitled to two (2) hours per calendar year of paid release time for membership meetings. These meetings are in addition to the Memorandum of Understanding ratification meetings allowed the Association. The Association shall provide a minimum of two (2) weeks advanced notice to the City of such meetings. The two (2) hours per calendar year of release time shall be used in one (1) hour increments and will be non-cumulative for the next calendar year. Article 52. Aaencv ShOD. 1. Leaislative Authoritv The parties mutually understand and agree that as a result of State of California adoption of SB 739, all full time and part-time benefited employees represented by the Tustin Police Support Services Association have the right to join or not join the Association. However, the enactment of a local "Agency Shop" requires that as a condition of continuing employment, employees in the respective bargaining unit must either join the Association or pay to the Association a service fee in lieu thereof. Such service fee shall be established by the Association, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Association. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 33 of 38 2. (a) (b) Association Dues/Service Fees The Human Resources Office shall provide new hires to the "Police Non- sworn" Support Services Association employees representation unit, with an authorization notice advising them that Agency Shop for the Association has been enacted pursuant to state law and an agreement exists with the Association, and that all employees subject to the Agreement must either join the Association, pay a service fee to the Association, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee's signature authorizing a payroll deduction of Association dues, a service fee or a charitable contribution equal to the service fee. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to the City Human Resources Office. If the form is not completed properly or returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Association dues, service fee, or charitable contribution shall begin no later than the beginning of the first pay period commencing 14 calendar days after receipt of the authorization form by the employee. (c) The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made. In the case of an employee in a non-pay status during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Association dues and service fees. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 34 of 38 3. (a) (b) 4. Reliaious Exemption Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall upon presentation of active membership in such religion, body, or sect, not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums equal to the dues, initiation fees or agency shop fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following charities; United Way, Tustin Community Foundation, or Community Health Charities. Proof of the payments shall be made on an annual basis to the City as a condition of continued exemption from the requirement of financial support to the Association [Section 3502.5(c)]. Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Association within 14 calendar days of receipt by the City. The Association shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be made by regular payroll deductions only. Rescission The agency shop provision in this MOU may be rescinded by a majority vote of all the employees in the unit covered by the MOU, provided that: (a) (b) (c) (d) A request for such a vote is supported by a petition containing the signatures at least 30 percent of the employees in the unit; The vote is by secret ballot; The vote may be taken at any time during the term of the represented units memorandum of understanding, but in no event shall there be more than one rescission vote taken during that term. Notwithstanding the above, the City and the Association may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement [Section 3502.5(d)]. If a "rescission vote" is approved by unit members during the term of a current memorandum of understanding, the Association agrees not to petition for or seek Agency Shop status for the duration of the current of the memorandum of understanding. S:\TPSSA\TPSSA MOU 2004 Final.doc Page 35 of 38 5. Records The Association shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant 6. Indemnification The Association shall indemnify, defend, and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation. Article 53. Re-opener. The Association reserves the right to reopen the meet and confer process regarding shift differentials if schedule changes in the Police Department result in additional employees working more than 50% of their time during the period from 6:00 P.M. to 6:00 AM. Article 54. Term of Aareement. The term of this agreement shall be from the date of its execution to and including December 31, 2004. IN WITNESS WHEREOF, the parties hereto have executed this document this day of April, 2004. CITY OF TUSTIN TUSTIN POLICE SUPPORT SERVICES ASSOCIATION BY BY William A. Huston, City Manager Sharon McCann, President Arlene Marks, Director of Human Resources Eric Nelson, Vice President Ron Nault, Director of Finance Marcella Sanbrano Scotiie Frazier, Support Services Administrator S:\TPSSA\TPSSA MOU 2004 Fìnal.doc Page 36 of 38 APPENDIX A TUSTIN POLICE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE EFFECTIVE APRIL 5, 2004 New Step Step Step Step Step Classification Title Range A B C D E Communications Officer I 550 $ 3,465 $ 3,642 $ 3,829 $ 4,025 $4,231 Communications Officer II 570 $ 3,642 $ 3,829 $ 4,025 $4,231 $ 4,448 Police Services Officer I 511 $ 3,143 $ 3,304 $ 3,474 $ 3,652 $ 3,839 Police Services Officer II 540 $ 3,380 $ 3,553 $ 3,735 $ 3,926 $ 4,127 Police Services Officer III 570 $ 3,642 $ 3,829 $ 4,025 $4,231 $ 4,448 Police Support Specialist 459 $ 2,761 $ 2,902 $ 3,051 $ 3,207 $ 3,371 Property & Evidence leadworker 559 $ 3,544 $ 3,725 $ 3,916 $4,117 $ 4,327 Property & Evidence Technician 511 $3,143 $ 3,304 $ 3,474 $ 3,652 $ 3,839 Police Support Specialist - Y Rated 463 X X X X $ 3,405 S:\TPSSAITPSSA MOU 2004 Final.doc Page 37 of 38 APPENDIX B TUSTIN POLICE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE EFFECTIVE JUNE 28, 2004 New Step Step Step Step Step Classification Title Range A B C D E Communications Officer I 550 $ 3,465 $ 3,642 $ 3,829 $ 4,025 $4,231 Communications Officer II 570 $ 3,642 $ 3,829 $ 4,025 $ 4,231 $ 4,448 Communications Officer III 586 $ 3,791 $ 3,985 $4,189 $ 4,404 $ 4,629 Police Services Officer I 519 $ 3,207 $ 3,371 $ 3,544 $ 3,725 $3,916 Police Services Officer II 540 $ 3,380 $ 3,553 $ 3,735 $ 3,926 $4,127 Police Services Officer III 570 $ 3,642 $ 3,829 $ 4,025 $4,231 $ 4,448 Police Support Specialist 459 $ 2,761 $ 2,902 $3,051 $ 3,207 $ 3,371 Property & Evidence lead worker 559 $ 3,544 $ 3,725 $3,916 $ 4,117 $ 4,327 Property & Evidence Technician 511 $3,143 $ 3,304 $ 3,474 $ 3,652 $ 3,839 Police Support Specialist - Y Rated 463 X X X X $ 3,405 S:\TPSSA\TPSSA MOU 2004 Final.doc Page 38 of 38