HomeMy WebLinkAbout12 TPMA MOU RES 52 06-19-07Agenda Item
Reviewed:
REPORT City Manager
AGENDA
Finance Director
MEETING DATE: JUNE 19, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: HUMAN RESOURCES DEPARTMENT
12
SUBJECT: TUSTIN POLICE OFFICERS ASSOCIATION--MANAGERS REPRESENTATION
UNIT, 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 Managers Representation Unit (TPMA).
RECOMMENDATION:
Adopt Resolution No. 07-52 amending the City's Classification and Compensation plans
and approving a Memorandum of Understanding for the Tustin Police Officers
Association-Managers Representation Unit encompassing the time period from July 1,
2007 through June 30, 2009.
FISCAL IMPACT: Approximately $309,247 over the term of the agreement.
BACKGROUND AND DISCUSSION:
The Tustin Police Officers Association--Management Representation Unit consists of
approximately 22 employees classified as Police Lieutenants and Sergeants. The
current contract with the TPMA will expire on June 30, 2007.
The City formally began discussions with TPMA for a Memorandum of Understanding
(MOU) in May 2007 pursuant to parameters established by the City Council. A total of 3
meetings were held before the bargaining teams reached agreement.
The most significant terms of this agreement are as follows:
• Term: 24 months, July 1, 2007- June 30, 2009.
• Salary adjustments for all classifications: approximately 3% effective June 25,
2007, 2% effective December 24, 2007, 3% effective June 23, 2008 and 3%
effective December 22, 2008.
• In each year of the contract, an increase to the "cafeteria" dollars of $50 per
employee per month. For 2008 the amount is capped at $1000 per person per
month. In 2009 the amount is capped at $1050 per person per month.
Tustin Police Officers Association Managers Representation Unit
Memorandum of Understanding
June 19, 2007
Page 2
• In 2009, an increase to educational incentive pays of $50 per month for selected
degrees and obtainment of POST certificates.
• Lieutenants will receive a $150 per month auto allowance
• Increase in bereavement leave from three days to five days upon the death of an
immediate family member.
• Modifications the shift selection process that complement the new area
command structure and Community Governance philosophy of the Department.
• Members of TPMA will participate in a revision and the adoption of the City's
Personnel Policies & Procedures.
Staff is very pleased to have reached an agreement with members of TPMA. Further,
this MOU is within the parameters established by the Council and the terms and
conditions presented have been ratified by TPMA membership.
~~ ~--~
Kristi Recchia
Director of Human Resources
Attachments:
1. Resolution 07-52
2. TPMA Memorandum of Understanding
RESOLUTION NO. 07-52
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-MANAGERS REPRESENTATION UNIT,
CONCERNING WAGES, SALARIES, FRINGE BENEFITS
AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council has authorized and directed, under the
provisions of the City of Tustin Personnel Rules and Regulations, Resolution No. 88-
103, the preparation of a Classification and Compensation plan for all employees in
the municipal service of the City of Tustin; and
WHEREAS, Resolution No. 88-103 requires that amendments or revisions to
the compensation plan be approved by Resolution of the City Council; and
WHEREAS ,the City of Tustin, hereinafter referred to as "City" and the Tustin
Police Officers Association-Managers Representation 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 July 1, 2007 through June 30,
2009 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, dated July 1, 2007,
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 June 19, 2007
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 19th day of June, 2007.
LOU BONE, MAYOR
ATTEST:
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. 07-52 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 19~' day of January, 2007, 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 MANAGEMENT REPRESENTATION UNIT
TERM: JULY 1, 2007 TO JUNE 30, 2009
TABLE OF CONTENTS
ARTICLE 1. Recognition ..............................................................................................3
ARTICLE 2. Salary ........................................................................................................3
ARTICLE 3. Bi-lingual Pay ...........................................................................................5
ARTICLE 4. Educational/POST Incentive Pay ........................................................... .6
ARTICLE 5. Attendance ................................................................................................7
ARTICLE 6. Retirement Plan ........................................................................................7
ARTICLE 7. Social Security .........................................................................................8
ARTICLE 8. Paid Leave ................................................................................................8
ARTICLE 9. Shift Differential ..................................................................................... 10
ARTICLE 10. Payroll Deductions ............................................................................... 10
ARTICLE 11. No Strike/Job Action ............................................................................ 11
ARTICLE 12. Uniform Allowance ............................................................................... 11
ARTICLE 13. Standby Duty ........................................................................................ 11
ARTICLE 14. Call-Back Duty ...................................................................................... 12
ARTICLE 15. Deferred Compensation ....................................................................... 12
ARTICLE 16. Court Pay Provisions ........................................................................... 12
ARTICLE 17. Rest Periods and Lunch Breaks ......................................................... 12
ARTICLE 18. Overtime Compensation ...................................................................... 12
ARTICLE 19. Employee Life Insurance ..................................................................... 13
ARTICLE 20. Flexible Benefits Plan .......................................................................... 13
ARTICLE 21. Police Lieutenant Car Allowance ....................................................... 14
ARTICLE 22. Probationary Period ............................................................................. 14
ARTICLE 23. Probationary Rejection ........................................................................ 15
ARTICLE 24. Layoff Procedure .................................................................................. 15
ARTICLE 25. Consolidated Omnibus Budget Reconciliation Act of 1985 ............. 15
ARTICLE 26. Retiree's Health Insurance .................................................................. 15
ARTICLE 27. Long-Term Disability (LTD) Plan ......................................................... 15
ARTICLE 28. Tuition Reimbursement ....................................................................... 16
ARTICLE 29. Performance Evaluations .................................................................... 16
ARTICLE 30. Work Schedules ................................................................................... 16
ARTICLE 31. Management Rights Clause ................................................................ 17
ARTICLE 32. Administrative Regulations ................................................................. 18
ARTICLE 33. Application of Agreement .................................................................... 18
ARTICLE 34. Gender ................................................................................................... 18
ARTICLE 35.
...........................................................................................
Severability
18
ARTICLE 36. No Change of Benefits ......................................................................... 18
ARTICLE 37. Employee Rights .................................................................................. 19
ARTICLE 38. Binding on Successors ....................................................................... 20
ARTICLE 39. Entire Agreement ................................................................................. 20
ARTICLE 40. Personnel Policies and Procedures Manual ..................................... 20
ARTICLE 41. Amendments ........................................................................................ 20
ARTICLE 42. Notices .................................................................................................. 20
ARTICLE 43. Term of Agreement .............................................................................. 21
Page 2 of 21
MEMORANDUM OF UNDERSTANDING
POLICE MANAGEMENT REPRESENTATION UNIT
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS' ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code
Sections 3500 et. seq. and Section 17 of the Personnel Rules and Regulations of the
City of Tustin, City representatives have met and conferred in good faith with the Tustin
Police Officers' Association pertaining to the wages, hours, benefits and conditions of
employment for employees in the Police Management Representation Unit; and
WHEREAS, the meeting between the Association and City representatives has resulted
in an agreement and understanding to recommend that the employees represented by
the Association accept all of the terms and conditions as set forth herein and that the
City representatives recommend to the City Council that it adopt by resolution or
resolutions the changes and additions to the wages, hours and conditions of
employment for the police management employees as set forth herein.
WITNESSETH
ARTICLE 1. Recognition
The City has previously recognized the Tustin Police Officers' Association -
Management Unit as the .majority representative of employees in the Police
Management Representation Unit for purposes of representation on issues of wages,
hours and other terms and conditions of employment.. As majority representative, the
Association is empowered to act on behalf of all employees who hold positions in
classes in the Police Management Representation Unit whether or not they are
individually members of the Tustin Police Officers' Association. The classifications
constituting the Police Management Representation Unit are Police Lieutenant and
Police Sergeant.
ARTICLE 2. Salary
The salaries of all bargaining unit employees in the classification of Police Sergeant and
Police Lieutenant shall be increased as follows:
Effective June 25, 2007, adjust all salaries 12 salary range points (approximately 3%):
A B C D E
Police Lieutenant (909) $8492 $8927 $9384 $9865 $10370
Police Sergeant (838) $7113 $7477 $7860 $8262 $8685
Page 3 of 21
Effective December 24, 2007, adjust all salaries 8 salary range points (approximately
2%). C D E
A B
Police Lieutenant (917) $8664 $9107 $9574 $10064 $10579
Police Sergeant (846) $7256 $7628 $8018 $8429 $8861
Effective June 23, 2008, adjust all salaries 12 salary range points (approximately 3%):
A B C D E
Police Lieutenant (929) $8927 $9384 $9865 $10370 $10901
Police Sergeant (858) $7477 $7860 $8262 $8685 $9130
Effective December 22, 2008, adjust all salaries 1 2 salary range points (app roximately
3%):
A B C D E
Police Lieutenant (941) $9199 $9670 $10165 $10686 $11233
Police Sergeant (870) $7704 $8099 $8514 $8950 $9408
When the Police Department modified the schedule of Lieutenants to a 4/10 schedule,
the Lieutenants received a 2% increase in salary. If the Lieutenants return to a 3/12.5
schedule, the 2% salary increase will be removed.
The preparation of the City's Compensation Plan, as described in Section 4 of the
Personnel Rules and Regulations, shall be subject to the meet and confer process with
the Tustin Police Officers Association -Management Unit.
Payroll Issuance
All bargaining unit employees shall receive their regular salary on a bi-weekly basis.
Salary Review Dates
All bargaining unit employees shall have as a salary review date the date upon which
the employee 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
anew 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 Range
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, denote 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 (6) months of employment if the employee has
demonstrated satisfactory performance.
Page 4 of 21
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 (1) 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 of the Director of
Human Resources.
Salary on Demotion, Transferor Reassignment
1. All bargaining unit employees subject to an involuntary demotion shall have
their new salary set at the highest step closest to their current salary within
the range for the classification to which the employee 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
demotion.
2. An employee who is demoted shall not be required to serve a new
probationary period, with the exception that if an employee is demoted to a
class in which the employee has no previous experience, a probationary
period of one year will be required.
3. An employee who is transferred shall continue to receive the same salary rate
and the salary review date shall not change.
4. When the salary range of a classification is adjusted, the salary of each
incumbent shall be increased to the corresponding step in the new range and
the salary review date shall not change.
ARTICLE 3. Bi-lingual Pay
Unit employees who successfully pass the City's examination for conversational skill, in
a language other than English (which the Director of Human Resources 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
Director of Human Resources shall determine who is eligible. The City is responsible
for developing and administering a testing vehicle to determine proficiency.
Page 5 of 21
ARTICLE 4. Educational/POST Incentive Pay
Unit employees are eligible to receive Educational/Post Incentive Pay at the beginning
of the first pay period after Human Resources receives and certifies the employee has
met all of the eligibility requirements.
To apply for Educational/Post Incentive Pay an employee must be actively at work,
provide official documentation of the required degree (AA, BA, BS, or Masters) and
provide a copy of the applicable POST certificate (Advanced POST, Supervisory POST
or Management POST) and have completed any applicable service requirements.
Human Resources will develop a checklist form.
Educational/POST Incentive Pay requirements and amounts are as follows:
Lieutenant
AA $200.00/month ($92.31 per pay period)
gA/BS $325.00/month ($150 per pay period)
Masters $375.00/month ($173.07 per pay period)
BA/BS + Management or Supervisory POST $400.00/month ($184.61 per pay period)
Masters + Management or Supervisory POST $425.00/month ($196.15 per pay period)
Ser_eant
AA
BA/BS
Masters
BA/BS + Supervisory POST +
4 years as a Sergeant
Masters + Supervisory POST +
4 years as a Sergeant
$200.00/month ($92.31 per pay period)
$325.00/month ($150 per pay period)
$375.00/month ($173.07 per pay period)
$400.00/month ($184.61 per pay period)
$425.00/month ($196.15 per pay period)
Effective December 22, 2008, Educational/POST Incentive Pay requirements are as follows:
Lieutenant
AA
BA/BS
Masters
BA/BS + Management or Supervisory POST
Masters + Management or Supervisory POST
$250.00/month ($115.38 per pay period)
$375.00/month ($173.07 per pay period)
$425.00/month ($196.15 per pay period)
$450.00/month ($207.69 per pay period)
$475.00/month ($219.23 per pay period)
Sergeant
AA
BA/BS
Masters
BA/BS + Supervisory POST +
4 years as a Sergeant
Masters + Supervisory POST +
4 years as a Sergeant
$250.00/month ($115.38 per pay period)
$375.00/month ($173.07 per pay period)
$425.00/month ($196.15 per pay period)
$450.00/month ($207.69 per pay period)
$475.00/month ($219.23 per pay period)
If a Sergeant promotes to a Lieutenant, the Sergeant will not lose Educational Incentive pay.
Page 6 of 21
ARTICLE 5. Attendance
All bargaining unit employees shall be in attendance at work in accordance with the
rules regarding hours of work, holidays, and leaves.
Any employee who is absent from duty shall report the reason for such absence to the
Department Head or immediate supervisor prior to the absence as far in advance as
possible and in no case later than two (2) hours before the beginning of the employee's
scheduled work shift. Absences not reported in such manner may be considered
absence without leave. A deduction of pay may be made for the duration of any
absence without leave. Upon return to work, such absence shall be justified to the
Department Head who shall consider the need for disciplinary action or to approve the
absence as unavoidable and allow the employee to make up the lost time or cover it
with General Leave.
Absence from work without approved leave and without reasonable cause for three (3)
consecutive scheduled work days may be cause for immediate discharge.
If an employee has a leave of absence without pay in excess of thirty (30) calendar
days, continuous service shall be considered interrupted for purposes of advancement
within a salary range. Absence with pay shall not be considered an interruption of an
employee's continuous service and shall not be deducted in computing total city service
time.
ARTICLE 6. Retirement Plan
All employees covered under this Agreement shall be members of the California Public
Employees' Retirement System (CaIPERS) and are subject to all applicable provisions
of the City's contract with CaIPERS, as amended.
The CaIPERS 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).
For all employees covered under this Agreement, the City shall pay, on behalf of the
employee, the employee's nine percent (9%) contribution to CaIPERS in accordance
with the City's contract with CaIPERS.
When the CaIPERS employer rate combined with the employer paid member
contribution of nine (9%) percent exceeds 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 CaIPERS when it reviews it annual notice of
rates from CaIPERS.
Page 7 of 21
All employees shall pay the employee portion of the cost for the 1959 Survivor Benefits
(currently $2.00 per month).
ARTICLE 7. Social Security
In the event the City and its employees are required to participate in the Federal Social
Security Program, the contributions designated by law to be the responsibility of the
employee shall be paid in full by the employee and the City shall not be obligated to pay
or "pick up" any portion thereof.
ARTICLE 8. Paid Leave
A. General Leave
1. Each employee shall accrue General Leave as follows:
Periods of Service General Leave Hours Per Year
0-5 years 160
6-10 years 208
Over 10 years 248
2. The Police Chief may annually grant an additional eight (8) hours of General
Leave to each employee whose performance is satisfactory.
3. In April of any given year an employee may request that he/she be paid for a
maximum of forty (40) hours of General Leave, or eighty (80) hours if the
employee has six (6) or more years of City service. The employee shall receive
payment for the requested hours in the following month of May.
4. Each calendar year employees may accumulate General Leave to a maximum
of two and one-half (2 '/2) times the employee's annual accrual entitlement.
Upon separation from the City service the employee will be paid for unused
General Leave, not to exceed the maximum of two and one-half (2 1/2) years
entitlement, at the employee's then current base salary rate.
5. Pay in lieu of General Leave will be granted upon termination of City
employment or upon a finding of hardship by the City Manager.
6. The use of General Leave for reason other than non-job related illness or injury
must be approved by the Department Head and due regard shall be given to the
employee's preference in scheduling such paid leave time.
B. Administrative Leave
Lieutenants shall receive an annual credit of forty (40) hours of Administrative
Leave which may be used only as paid time off during the year in which it is
credited. Subject to guidelines established by the City Manager, the Police Chief
may grant up to an additional forty (40) hours of Administrative Leave.
Page 8 of 21
C. Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day after Thanksgiving Day
December 24
December 25
December 31
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
When a holiday occurs on a Sunday, the following Monday will be observed
instead. When a holiday occurs on a Saturday, the preceding Friday will be
observed instead.
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 Advance Holiday Pay, 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 Pay 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 Pay shall be made in two installments, one in January (January -
September holidays) and one in October (October -December holidays).
The Advance Holiday Pay request may be for (1) all cash or (2) all General
Leave. The employee's Advance Holiday Pay request 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
employee's leave bank(s) by the amount of hours of any unearned holiday
Page 9 of 21
previously paid on the payroll immediately following the holiday (or as soon as
the overpayment is discovered).
D. Bereavement Leave
The City will allow up to five (5) days off with pay for the purpose of bereavement
leave in the event of a death in the immediate family. "Immediate Family" shall be
defined as including spouse, registered domestic partner, mother, stepmother,
father, stepfather, brother, sister, child, stepchild, grandparent, or grandchild of
the employee or the employee's spouse/registered domestic partner.
Bereavement Leave is intended to allow time for an employee to mourn 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.
E. Jury Duty Leave
All bargaining unit employees on jury duty will receive their full City salary. The
employee will turn over to the City all amounts payable to the employee by the
courts for jury duty except for mileage and subsistence reimbursements.
F. Industrial Disability Leave
All bargaining unit employees who are unable to perform the essential functions
of their classification and assignment by reason of job-related injury or illness as
allowed by the Workers' Compensation laws of the State of California shall be
paid:
1. Full salary and benefits to the maximum provided for under Section
4850.
2. All other benefits as prescribed under the Workers' Compensation laws
of the State of California.
ARTICLE 9. Shift Differential
Unit employees who are regularly assigned to the graveyard shift (shift begins at 6:00
p.m. and ends at 6:00 a.m. the following day) shall receive $100.00 per month ($46.15
per pay period) for each month worked on said shift. This differential is designed to
compensate the employee for the inconvenience of working this particular shift.
ARTICLE 10. Pavroll 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 survivor benefits;
Page 10 of 21
D. Payment of life insurance and accidental death and dismemberment
insurance premiums;
E. Payment of non-industrial disability insurance premium;
F. Payment of hospitalization and major medical insurance premium;
G. Payment to a City dependent care or medical care reimbursement account
pursuant to the IRC Section 125;
H. Payment of supplemental insurance premium;
I. Payment to or savings in a Credit Union or Bank;
J. Contributions to United Way, Community Health Charities or other designated
charity organizations;
K. Payment of membership dues and any authorized fees to 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 authorized by the City.
ARTICLE 11. 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 should resume full and faithful performance of
their job duties.
ARTICLE 12. Uniform Allowance
Employees will be paid a uniform allowance of $429.00 per year, paid bi-weekly ($16.50
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 13. Standby Duty
Police Sergeants shall be compensated for standby duty at the rate of two (2) hours of
straight time for each eight (8) hours required, including holidays. 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.
Standby Duty for scheduled court appearances on behalf of the City shall be
compensated at a rate of two (2) hours of straight time for morning (a.m. hours)
appearances and two (2) hours of straight time for afternoon (p.m. hours) appearances.
Page 11 of 21
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
(2) 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 (2) 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 14. Call-Back Duty
In addition to standby compensation, if any, a Police Sergeant shall receive a minimum
of two (2) hours overtime paid at a time and one-half rate for any call which required
them to return to duty that does not involve a court appearance.
ARTICLE 15. Deferred Compensation
The City shall contribute 2.5% of each employee's base salary to a deferred
compensation program. It is the responsibility of each employee to complete the
necessary paperwork and take required steps to enroll in the program. Should an
employee fail to enroll, the City is under no obligation to make retroactive contributions
on behalf of said employee. Employees hired into this unit shall be provided with a
notification of the deferred compensation program, including the amount of employer
contributions, during employee orientation.
ARTICLE 16. Court Pay Provisions
Police Sergeants shall be paid at a time and one-half rate for actual time spent in
required court appearances involving City business that occur during the Sergeant's off-
duty hours. A minimum of two (2) hours of such compensation will be paid for court
appearances scheduled in the morning (a.m. hours) and/or two (2) hours for court
appearances scheduled in the afternoon (p.m. hours).
ARTICLE 17. 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 18. Overtime Compensation
The City shall pay Police Sergeants time and one-half for all approved overtime hours
worked in excess of:
(1) Regularly scheduled hours per shift;
(2) Hours worked on a day the employee is not regularly scheduled to work; or
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(3) Hours worked in excess of the prescribed hours during the applicable work
cycle, (i.e. (a) 40 hours in a 7-day work cycle for employees on the 4/10 work
schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5 work
schedule; or (c) 80 hours in a 14-day work 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.
In lieu of receiving cash payment for overtime, the employee may elect to be credited
with compensatory time at the rate of time and a half, subject to a maximum accrual of
eighty (80) 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 eighty (80) hours or less at his/her straight time hourly base rate.
ARTICLE 19. 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 premium of the supplemental policy shall be
paid by the employee.
ARTICLE 20. Flexible Benefits Plan
The Flexible Benefits Plan will be as follows:
A. Effective December 24, 2007, the Flexible Benefits Contribution per month per
eligible employee shall be $1000.
Effective December 22, 2008, the Flexible Benefits Contribution per month per
eligible employee shall be $1050.
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.
C. The Flexible .Benefits Contribution consists of mandatory and discretionary
allocations which may be applied to City sponsored programs. Employees are
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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. The City's Flexible Benefits Contribution includes the
City's required payment to the CaIPERS Health Insurance program (PEMHCA).
For 2007, the City's payment towards employee health insurance is $80.80. For
2008, the City's payment toward employee health insurance is $97.00.
Employees may allocate the remaining amount among the following programs:
1.
Medical insurance offered under the
Hospital Care Act Program (PEMHCA).
Dependent Dental Insurance
Additional Life Insurance
Vision Insurance
Deferred Compensation
Public Employees' Medical and
2.
3.
4.
5.
6.
Section 125 Flexible Spending Account for Dependent or Medical Care
Reimbursement Programs
7. Eligible Catastrophic Care Programs
8. Cash
Discretionary allocations are to be made in accordance with program/City
requirements including restrictions as to the time when changes may be made in
allocations to the respective programs.
D. Section 125 Program
The Section 125 Program will be continued in full force and effect for the duration
of this Resolution unless changed by mutual agreement of the City and
Association. The City retains the right to change administrators for cause.
ARTICLE 21. Police Lieutenant Car Allowance
Police Lieutenants will receive a car allowance of $150 per month ($69.23 per pay
period).
ARTICLE 22. Probationary Period
Each bargaining unit employee shall be subject to an original and promotional
probationary period of one (1) year. The Police Chief may recommend to the Director of
Human Resources to extend the probationary period of any unit employee for a period
not to exceed ninety (90) days.
A unit employee rejected during a promotional probationary period shall be reinstated to
the position and status from which he/she 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.
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Any leave of absence without pay exceeding fifteen (15) work days may cause the
employee's probationary period to be extended by the number of work days of such
leave that are in excess of fifteen (15) days.
ARTICLE 23. Probationary Resection
A probationary employee, rejected for failure to meet standards or pass probation, shall
not be eligible .for any internal grievance or appeal procedure pursuant to Swift vs.
County of Placer.
ARTICLE 24. Layoff Procedure
The provisions of the Personnel Rules and Regulations currently in effect are hereby
incorporated into this Resolution by reference and shall be an attachment hereto.
ARTICLE 25. Consolidated Omnibus Budget Reconciliation Act of 1985
Employees who remain on a City health, dental or other insurance plan following
separation from employment pursuant to the Consolidated Omnibus Budget Reconciliation
Act of 1985 (COBRA), may be charged the maximum rate permissible by law for such
coverage (presently 102% of the premium for an active employee).
ARTICLE 26. Retiree's Health Insurance
The City will contribute a maximum of $150.00 per month towards the payment of
medical insurance premiums for employees who retire from the City of Tustin after
October 1, 1993; $200.00 for employees who retire after January 1, 1994; $250.00 for
employees who retire after January 1, 2000 and $350.00 per month for employees who
retire after May 16, 2005. Such reimbursement amount includes any current and/or
future required City contribution to the CaIPERS Public Employees' Medical and
Hospital Care Act (PEMHCA) Program.
ARTICLE 27. Long-Term Disability (LTD) Plan
A. 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.
B. During the 30 day elimination period, after the employee has used eighty (80)
consecutive hours of General Leave, the City agrees to pay the same salary
benefit paid by the Plan for disability leave.
C. Flexible benefits will be continued for ninety days of a disability leave and such
time will be counted towards satisfying Federal Family Medical Leave Act (FMLA)
and California Family Rights Act (CFRA) requirements.
D. It is understood that proof of coverage is to be submitted to the City upon request
and eligibility for City benefits provided in B and C of this Article is conditioned
upon the City's receipt of proof of disability.
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E. The City will contribute $20.50 per month per unit employee to the TPOA LTD
Fund.
ARTICLE 28. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in
those areas of benefit to the employee and to the City. Full-time employees will be
eligible for reimbursement by the City of tuition for professional technical courses
subject to the following conditions and related Council Policy statements:
A. Department Head and Director of Human Resources approval must be obtained
before enrollment in the course.
B. Reimbursement shall be made for tuition fees, textbooks, lab fees, and/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 $1,000.00 each calendar year if the employee is
attending a community college or $2,000.00 each calendar year if the employee
is attending a -four year college or university will be paid upon receipt by the
Human Resources Department of proof of successful completion of the course(s)
and proof that payment of fees has been made. If an employee attends both a
community college and four year college or university in a calendar year the
maximum reimbursement shall be $1,500.00.
E. The City shall set up procedures that allow for expedient reimbursement for
classes taken and fees paid. Employees may request reimbursement in the
calendar year that the class is taken and completed. Failure to request
reimbursement in a timely. manner and/or classes taken in excess of the
allowable reimbursement level cannot be carried over to a future year
reimbursement period.
ARTICLE 29. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation
results in the denial of a merit increase.. Nothing herein shall serve to restrict an
employee from having a written rebuttal attached to a performance evaluation with
which the employee disagrees.
ARTICLE 30. Work Schedules
Police Lieutenants and Police Sergeants work schedules under code section 207(k) of
the Fair Labor Standards Act (ELBA).
A. Department work schedules include:
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The 4/10 work schedule; (in each seven (7) calendar day period, the
employee works four 10-hour days where the scheduled work shift
commences and ends at the same time each day followed by three
consecutive days off)
The 3/12.5 work schedule; (in each seven (7) calendar day period, the
employee works three 12.5 hour days where the scheduled work shift
commences and ends at the same time each day and is followed by four
consecutive days off. During the 28 day work cycle, the employee must
work one additional 10-hour shift.)
Individual changes to the work schedule described above will be upon mutual
agreement between the department and the employee.
B. The Department will select shifts as follows:
1. The City is divided into two (2) separate patrol areas -North and South.
2. Patrol Sergeants will select patrol area assignments by seniority every other
year; the next open selection for patrol areas will be in conjunction with the
August 2008 shift change.
3. Patrol Sergeants will select shifts by seniority in their respective areas twice
a year. Shifts have been designated into two blocks and will rotate between
the two areas at every shift change. Generally, Patrol Sergeants will be
limited to 12 consecutive months on any shift assignment (day shift, cover
shift or nightshift). Based on departmental needs, a Patrol Sergeant may be
allowed to extend beyond the 12 consecutive month rotation.
4. Based on departmental needs, shift assignments may be reserved for
probationary Sergeants. The remaining shifts will be selected by patrol area
by seniority. In the event that there is only one probationary sergeant and a
significant balance of seniority, this option may not be exercised.
5. If a Sergeant assigned to a special assignment returns to patrol, he/she will
be allowed to sign up by seniority in the area vacated by his/her replacement.
This will be based on the staffing needs of the department. The Chief of
Police will maintain ultimate control of scheduling per the needs of the
agency. However, should the seniority become adversely imbalanced due to
transfers to and from specialty positions during the two year rotation period,
the Chief of Police will make every effort to allow movement between North
and South areas in an attempt to balance seniority.
C. Employees assigned to special tasks forces or regional teams will work the hours
the team works.
D. Employees may have their work schedules changed to accommodate training
assignment which are eight (8) or more hours in duration.
ARTICLE 31. Management Rights Clause
Except as otherwise specifically provided for in State and/or Federal laws, and this
Agreement, the City reserves and retains and is vested with all rights of management
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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:
a) 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.
b) 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.
c) The right to contract or sub-contract services and/or work.
d) The right to take such further action as may be necessary to organize and
operate the City in the most efficient and economical manner to serve the public
interest.
ARTICLE 32. Administrative Regulations
The City Manager may issue written administrative Personnel regulations designed to
augment or clarify the provisions of this Agreement.
ARTICLE 33. Application of Agreement
The term "employee" whenever used herein, whether singular or plural, means and
applies only to those employees of the City included within the Tustin Police
Management Representation Unit, and that this Agreement covers only said employees.
ARTICLE 34. Gender
Words used in this Agreement 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 includes the male gender.
ARTICLE 35. Severability
If any part of this Agreement 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 Agreement shall not render invalid the remaining part
hereof.
ARTICLE 36. 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.
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ARTICLE 37. Employee Rights
As the recognized representative of the employees covered by this Agreement the City
acknowledges and recognizes the following employee rights:
1. TPOA shall have access to and be provided with payroll deduction of dues, fees,
and assessments without charge through the City's regular payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the posting of
notices, updates, meeting minutes and other material related to TPOA business.
3. TPOA shall be afforded the reasonable use of department copy machines and
faxes and will reimburse the City for any material costs or toll fees for such use.
4. Upon notice and subject to availability the City shall allow TPOA the use of City
facilities including meeting rooms for TPOA membership, Board of Directors and
committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for
preparation for and attendance at meetings with management related to the meet
and confer process and labor relations matters.
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 of department
telephones and a-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.
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ARTICLE 38. Binding on Successors
This Agreement shall be binding on the successors and assigns of the parties hereto
and no provisions, terms or obligations herein contained shall be affected or changed in
any way whatsoever by the consolidation, merger, sale, transfer or assignment of either
party hereto.
ARTICLE 39. Entire Agreement
This agreement, upon ratification and adoption supersedes all prior practices and
agreements, whether written or oral, unless expressly stated to the contrary herein and
constitutes the complete and entire agreement between the parties and concludes the
meet and confer process for its term unless otherwise expressly provided for herein.
The City and TPMA agree that any City resolutions, ordinances, rules, regulations or
practices that are in conflict with the MOU and its provisions are subordinate to this
MOU and where conflicts exists this memorandum of understanding shall prevail.
The City and TPMA for the duration of this Agreement, each voluntarily and without
qualification waives the right and each agrees that the other shall not be obligated to
bargain collectively with respect to any subject or matter covered in the Agreement
including the impact of the City's and the Association's exercise of their respective rights
as set forth herein on wages, hours, benefits and terms and conditions of employment.
The City agrees that it will not seek to change any of the wages, hours, benefits and
terms and conditions of employment provided for and covered by this Agreement during
its term, except as provided in Article 43 below. This paragraph does not waive the
right of the City or the Association to bargain over any subject or matter not covered in
the Agreement which is a mandatory subject of bargaining and concerning which the
City or the Association is considering a need to change during the term of this
agreement.
ARTICLE 40. Personnel Policies and Procedures Manual
During the term of this Memorandum of Understanding, TPMA will participate in the
revision and adoption of the City's Personnel Polices and Procedures manual.
ARTICLE 41. Amendments
This memorandum can be altered or amended only by written agreement between the
parties hereto or as a result of negotiations over an FLSA audit.
ARTICLE 42. Notices
Notices hereunder shall be in writing and, if to the Tustin Police Management Unit, shall
be mailed to President, Tustin Police Officers' Association, Post Office Box 1516,
Tustin, Ca 92781; and, if to City, shall be mailed to City Manager, City of Tustin, 300
Centennial Way, Tustin, California 92780.
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ARTICLE 43. Term of Agreement
All provisions set forth herein shall be effective as of the date of approval of this
Agreement by the Tustin City Council and shall remain effective through June 30, 2009.
The City may re-open. contract negotiations to make changes as a result of an FLSA
audit. In witness whereof, the parties hereto have executed this document this 19th day
of June, 2007.
City of Tustin
Tustin Police Officers Association
Police Management Unit
William A. Huston, City Manager
Linda Jenson, Liebert Cassidy Whitmore
Kristi Recchia, Director of Human Resources
Ron Nault, Director of Finance
Joseph Garcia, Captain
Sean Whiteley, President
Charles Celano
Mark Hein
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