HomeMy WebLinkAbout03 MEMORANDA OF UNDERSTANDING TPOA, TPMA, TPSSA, TPSSMA, TMEAAgenda Item 3
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Reviewed.-
AGENDA
eviewed:AGENDA REPORT City Manager
MEETING DATE: AUGUST 11, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT, THE TUSTIN
POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT
REPRESENTATION UNIT, THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION, THE TUSTIN POLICE SUPPORT SERVICES MANAGEMENT
ASSOCIATION, AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
AND SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE
MANAGEMENT, MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL
EMPLOYEES
SUMMARY
Adoption of the attached Resolutions and Memoranda of Understanding (MOU) will
authorize terms and conditions of employment, in accordance with City Council
direction, for employees in classifications represented by the Tustin Police Officers
Association — Police Officer Representation Unit (TPOA), the Tustin Police Officers
Association — Police Management Representation Unit (TPMA), the Tustin Police
Support Services Association (TPSSA), the Tustin Police Support Services
Management Association (TPSSMA), and the Tustin Municipal Employees Association
(TMEA) and for all unrepresented Executive Management, Management, Supervisory,
and Confidential employees.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Adopt Resolution No. 18-53 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding with
TPOA for the period July 1, 2018 through June 30, 2021; and
2. Adopt Resolution No. 18-54 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding with
TPMA for the period July 1, 2018 through June 30, 2021; and
City Council Agenda Report
August 11, 2018
Memoranda of Understanding and Salary Resolutions
Page 2
3. Adopt Resolution No. 18-55 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding with
TPSSA for the period July 1, 2018 through June 30, 2021; and
4. Adopt Resolution No. 18-56 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding with
TPSSMA for the period July 1, 2018 through June 30, 2021; and
5. Adopt Resolution No. 18-57 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding with
TMEA for the period July 1, 2018 through June 30, 2021; and
6. Adopt Resolution No. 18-62 amending the City's Classification and
Compensation Plans for Executive Management and Management employees;
and
7. Adopt Resolution No. 18-63 amending the City's Classification and
Compensation Plans for Supervisory and Confidential employees; and
8. Appropriate compensation adjustments totaling $1,232,290 in the respective
funds per the FY 2018-19 adopted budget and transfer the same amount from
Land Sale Proceeds Reserves (Fund 189) to provide funding; and
9. Appropriate compensation adjustments totaling $160,610 from Water Enterprise
Fund Reserves (Fund 300).
FISCAL IMPACT
The terms of these agreements and Resolutions will result in an additional cost of
approximately $1,392,900 in Fiscal Year 2018-19. Over the next three years combined
(Fiscal Year 2018-19 through Fiscal Year 2020-21), these agreements and Resolutions
will result in a total additional cost of approximately $8,706,612 (an average of
$2,902,204 per year).
BACKGROUND AND DISCUSSION
Represented Employees
The City of Tustin has five employee bargaining units representing the majority of the
City's full-time workforce: TPOA (Police Officers), TPMA (Police Sergeants and Police
Lieutenants), TPSSA (civilian Police non -management employees), TPSSMA (civilian
Police supervisors and managers), and TMEA (general non -management employees).
City Council Agenda Report
August 11, 2018
Memoranda of Understanding and Salary Resolutions
Page 3
In accordance with the Meyers-Milias-Brown Act (MMBA), the City is required to meet
and confer in good faith with represented employee organizations on wages, hours and
other terms and conditions of employment.
The City previously negotiated three-year labor agreements with all bargaining units,
which expired on June 30, 2018. In preparation for negotiations on successor contracts,
the City's labor negotiators began meeting with the City Council in November 2017 and
initiated formal labor negotiations with each employee association at the beginning of
May 2018.
Perhaps more so than at any time in recent history, the City Council grappled with the
huge challenge of balancing a number of competing interests, including attracting and
retaining a workforce that provides high quality service to the Tustin community,
addressing rising CalPERS retirement costs, and maintaining fiscal responsibility. While
the labor negotiations process was challenging, the City Council ultimately authorized
terms and conditions of employment for the next three years that were approved by the
membership of each bargaining unit.
The key terms of each agreement are as follows:
TPOA
• Base salary increases of 3% effective July 1, 2018; 3% effective July 1,
2019; and 4% effective July 1, 2020
• Increases in the City's Flexible Benefits contributions (for medical, dental, and
other insurance) of $50 per month effective July 1, 2018; $50 per month
effective July 1, 2019; and $50 per month effective July 1, 2020
• Modify the structure of the Career Officer program to ensure compliance with
CalPERS and increase compensation by 1 % at each level
• Maintain an employee's ability to voluntarily cash out an additional 40 to 60
hours of accrued General Leave each fiscal year
• Increase the Compensatory Time Off accrual maximum by 20 hours
• Establish a Retiree Health Savings Plan and allow employees to contribute
funds to the plan
• Modify qualifications for Education Incentive Pay to ensure compliance with
CalPERS
• Convert life insurance coverage to a flat dollar amount
City Council Agenda Report
August 11, 2018
Memoranda of Understanding and Salary Resolutions
Page 4
TPMA
• Base salary increases of 3% effective July 1, 2018; 3% effective July 1,
2019; and 4% effective July 1, 2020
• Increases in the City's Flexible Benefits contributions (for medical, dental, and
other insurance) of $50 per month effective July 1, 2018; $50 per month
effective July 1, 2019; and $50 per month effective July 1, 2020
• Maintain an employee's ability to voluntarily cash out an additional 40 to 60
hours of accrued General Leave each fiscal year
• Increase the Compensatory Time Off accrual maximum by 20 hours
• Establish a Retiree Health Savings Plan and allow employees to contribute
funds to the plan
• Modify qualifications for Education Incentive Pay to ensure compliance with
CalPERS
• Convert life insurance coverage to a flat dollar amount
TPSSA
• Base salary increases of 3% effective July 1, 2018; 3% effective July 1,
2019; and 3% effective July 1, 2020
• Increases in the City's Flexible Benefits contributions (for medical, dental, and
other insurance) of $100 per month effective July 1, 2018; $100 per month
effective July 1, 2019; and $100 per month effective July 1, 2020
• Maintain an employee's ability to voluntarily cash out an additional 40 to 60
hours of accrued General Leave each fiscal year
• Add two new Special Assignments with additional compensation of $50 per
pay period
• Modify Training Pay to 5% per pay period for all training assignments
• Establish a Retiree Health Savings Plan and allow employees to contribute
funds to the plan
• Convert life insurance coverage to a flat dollar amount
TP.q.';nnA
• Base salary increases of 3% effective July 1, 2018; 3% effective July 1,
2019; and 3% effective July 1, 2020
• Increases in the City's Flexible Benefits contributions (for medical, dental, and
other insurance) of $100 per month effective July 1, 2018; $100 per month
effective July 1, 2019; and $100 per month effective July 1, 2020
• Maintain an employee's ability to voluntarily cash out an additional 40 to 60
hours of accrued General Leave each fiscal year
• Establish a Retiree Health Savings Plan and allow employees to contribute
funds to the plan
• Convert life insurance coverage to a flat dollar amount
City Council Agenda Report
August 11, 2018
Memoranda of Understanding and Salary Resolutions
Page 5
TMEA
• Base salary increases of 3% effective July 1, 2018; 3% effective July 1,
2019; and 3% effective July 1, 2020
• Increases in the City's Flexible Benefits contributions (for medical, dental, and
other insurance) of $100 per month effective July 1, 2018; $100 per month
effective July 1, 2019; and $100 per month effective July 1, 2020
• Maintain an employee's ability to voluntarily cash out an additional 40 to 60
hours of accrued General Leave each fiscal year
• Modify the rules governing qualification for overtime for consistency with other
employee groups
• Expand the 4/10 work schedule to Field Services and Water Services
throughout the year
• Establish a Retiree Health Savings Plan and allow employees to contribute
funds to the plan
• Convert life insurance coverage to a flat dollar amount
In addition, the contracts also include a number of other non -economic changes,
including policy modifications to address operational issues and ensure compliance with
the law. Each agreement contains a re -opener midway through the contract should
conditions change and either the City or the associations feel the need to negotiate over
any terms and conditions of employment.
The City is pleased that labor negotiations have concluded with agreements in place
that will provide stability and labor peace for the next three years.
Unrepresented Employees
The Executive Management group consists of the City's department heads and the
Management group consists of the remainder of the City's FLSA exempt management
positions, including Assistant and Deputy Directors and other division managers. The
Supervisory group consists of the City's FLSA non-exempt front-line supervisor
positions outside of the Police Department. The Confidential employee group consists
of non -management positions that have access to information related to labor relations,
including staff in the Human Resources Department and the City Manager's Office.
For all unrepresented employees, there are no labor negotiations and there are no labor
contracts. Instead, unrepresented employees rely on the City Manager & City Council
for fair and equitable compensation and terms and conditions of employment are set by
City Council Resolution. Historically, terms for these employees are established after
the conclusion of labor negotiations with the represented employee groups.
City Council Agenda Report
August 11, 2018
Memoranda of Understanding and Salary Resolutions
Page 6
As noted above, labor negotiations with our represented employees recently ended with
the establishment of three-year contracts for each association. In accordance with City
Council direction, the attached Salary Resolutions ensure that the City's unrepresented
employees are treated equitably within the City's organizational structure.
The key terms provided in each Resolution for unrepresented employees are as follows:
• Base salary increases of 3% effective July 1, 2018; 3% effective July 1, 2019;
and 3% effective July 1, 2020
• Increases in the City's Flexible Benefits contributions (for medical, dental, and
other insurance) of $100 per month effective July 1, 2018; $100 per month
effective July 1, 2019; and $100 per month effective July 1, 2020
• Maintain an employee's ability to voluntarily cash out an additional 40 to 60 hours
of accrued General Leave each fiscal year
• Establish a Retiree Health Savings Plan and allow employees to contribute funds
to the plan
• Convert life insurance coverage to a flat dollar amount
In addition, the Resolutions also include a number of other non -economic changes,
including policy modifications to address operational issues and ensure compliance with
the law. Should conditions change, the City Council has the right to modify terms and
conditions of employment for unrepresented employees at any time.
I 1 J�-
Derick YasudAl
Director of Human Resources
Attachments:
1. City Council Resolution No. 18-53
2. MOU between the City and TPOA for July 1, 2018 through June 30, 2021
3. City Council Resolution No. 18-54
4. MOU between the City and TPMA for July 1, 2018 through June 30, 2021
5. City Council Resolution No. 18-55
6. MOU between the City and TPSSA for July 1, 2018 through June 30, 2021
7. City Council Resolution No. 18-56
8. MOU between the City and TPSSMA for July 1, 2018 through June 30, 2021
9. City Council Resolution No. 18-57
10. MOU between the City and TMEA for July 1, 2018 through June 30, 2021
11. City Council Resolution No. 18-62
12. City Council Resolution No. 18-63
RESOLUTION NO. 18-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS ASSOCIATION —
POLICE OFFICER REPRESENTATION UNIT,
CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 15-50, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 15-50 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Officers Association — Police Officer
Representation Unit (TPOA) have met and conferred in good faith in accordance with
the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPOA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2018 through June 30, 2021, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TPOA, effective July
1, 2018, is hereby approved and incorporated herein by reference as though fully
set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2018, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
Resolution 18-53
Page 1 of 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 11 th day of August 2018.
ELWYN A. MURRAY
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 18-53 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 11th day of
August 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-53
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM:
July 1, 2018 —June 30, 2021
TPOA MOU 2018-21
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS........................................................................................................ 3
Article1. Recognition...........................................................................................................................3
Article2. Entire Agreement.................................................................................................................3
Article3. Reopener..............................................................................................................................4
Article4. Severability...........................................................................................................................4
Article 5. Binding on Successors...........................................................................................................4
Article6. Notices.................................................................................................................................4
Article7. Payroll Deductions................................................................................................................4
CHAPTER 2 — COMPENSATION................................................................................................................. 5
Article8. Salary....................................................................................................................................5
Article 9. Overtime Compensation.......................................................................................................5
Article 10. Uniform Allowance............................................................................................................. 5
Article11. Bilingual Pay.......................................................................................................................6
Article 12. Educational Incentive Pay................................................................................................... 6
Article13. Standby Duty...................................................................................................................... 7
Article14. Call -Back Duty.....................................................................................................................7
Article15. Court Pay............................................................................................................................7
Article 16. Special Assignments............................................................................................................7
Article 17. Shift Differential Pay...........................................................................................................8
CHAPTER 3 — BENEFITS............................................................................................................................ 9
Article 18. Flexible Benefits Plan..........................................................................................................9
Article19. Retirement.......................................................................................................................
10
Article 20. Deferred Compensation....................................................................................................
12
Article 21. Employee Life Insurance...................................................................................................
12
Article 22. Long -Term Disability (LTD) Plan.........................................................................................
13
Article 23. Tuition Reimbursement....................................................................................................
13
Article 24. Cell Phone Stipend............................................................................................................
14
Article 25. Retiree Medical Insurance.................................................................................................
14
Article 26. Retiree Health Savings Plan...............................................................................................
15
CHAPTER 4 — LEAVES OF ABSENCE.........................................................................................................
15
Article27. General Leave...................................................................................................................
15
TPOA MOU 2018-21
Article 28. Compensatory Time Off.................................................................................................... 17
Article29. Holidays............................................................................................................................ 18
Article 30. Bereavement Leave
19
Article31. Military Leave................................................................................................................... 19
CHAPTER 5 — WORKING CONDITIONS.................................................................................................... 19
Article32. Attendance....................................................................................................................... 19
Article33. Work Schedules................................................................................................................ 20
Article34. Shift Trades....................................................................................................................... 21
Article 35. Rest Periods and Lunch Breaks.......................................................................................... 22
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS................................................................................. 22
Article36. Employee Rights............................................................................................................... 22
Article 37. Third Party Advisory Process for Disciplinary Appeals........................................................ 23
Article 38. Rules of Evidence and Procedure for Employees Removed from Special Assignments....... 26
Article 39. Performance Evaluations.................................................................................................. 27
Article 40. No Strike / Job Action........................................................................................................ 27
Article 41. Management Rights.......................................................................................................... 28
Article42. Layoffs.............................................................................................................................. 28
APPENDIX A — MONTHLY SALARY RANGES............................................................................................. 30
APPENDIX B — CAREER OFFICER PROGRAM............................................................................................ 31
TPOA MOU 2018-21
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin,
City representatives have met and conferred in good faith with the Tustin Police Officers Association
(hereinafter sometimes referred to as TPOA or Association) pertaining to the wages, hours, benefits and
conditions of employment for employees in the Police Officer Representation Unit; and
WHEREAS, the meeting between the Association and City representatives has resulted in an agreement
and understanding to recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives recommend to the City
Council that it adopt by resolution or resolutions the changes and additions to the wages, hours and
conditions of employment for the unit employees as set forth herein.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
A. The City has previously recognized the Tustin Police Officers Association as the majority
representative of employees in the Police Officer Representation Unit for purposes of
representation on issues of wages, hours and other terms and conditions of employment. As
majority representative, the Association is empowered to act on behalf of all employees who hold
positions in classes in the Police Officer Representation Unit whether or not they are individually
members of the Tustin Police Officers Association.
B. The classifications constituting the Police Officer Representation Unit are Police Officer, Senior
Officer I, Senior Officer II, Master Officer and Police Recruit.
Article 2. Entire Agreement
The City and TPOA agree that any City resolutions, ordinances, rules, regulations or practices that are in
conflict with the MOU and its provisions are subordinate to this MOU and where conflicts exists this
MOU shall prevail.
[3]
TPOA MOU 2018-21
Article 3. Reopener
Prior to January 1, 2020 either side may request to meet and confer for the purpose of effecting changes
to this MOU to go into effect on January 1, 2020 or later.
Article 4. Severability
If any part of this MOU 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
MOU shall not render invalid the remaining part hereof.
Article S. Binding on Successors
This MOU 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 6. Notices
Notices hereunder shall be in writing and, if to TPOA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, CA 92781; and, if to the City, shall be mailed to City Manager,
City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 7. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits including deferred compensation.
3. Contribution to survivor benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues and any authorized fees to TPOA.
12. Payment of authorized TPOA deductions.
13. Payment for non -return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Other purposes as may be authorized by the City.
[4]
TPOA MOU 2018-21
CHAPTER 2 — COMPENSATION
Article 8. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period which includes July 1, 2018, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
C. Effective the pay period which includes July 1, 2019, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
D. Effective the pay period which includes July 1, 2020, employees in the bargaining unit shall receive a
four percent (4.0%) base salary increase.
Article 9. Overtime Compensation
A. Employees in the unit are subject to different work schedules. However, all employees are
scheduled to work 160 hours in the 28 day FLSA work period.
B. Overtime is subject to pre -approval by the employee's supervisor. The City shall pay unit employees
overtime compensation at the rate of time and one-half (1%) for all hours worked in excess of:
1. Regularly scheduled hours per shift; or
2. Hours worked on a day the employee is not regularly scheduled to work; or
3. Hours worked in excess of 160 hours in the 28 day FLSA work period.
C. General Leave, Compensatory Time Off and Holiday hours paid shall be counted as hours worked in
these calculations, provided, however, that Standby time shall not be considered hours worked.
D. Overtime paid by this MOU in excess of the requirements of the FLSA (when an employee actually
works in excess of 171 hours in the 28 -day FLSA work period) is paid at 1.5 times the employee's
base hourly rate of pay.
E. Overtime paid per the requirements of the FLSA (when an employee actually works in excess of 171
hours in the 28 -day FLSA work period) includes base pay plus any additional forms of pay which are
provided to employees and required to be included in the FLSA regular rate (i.e., overtime rate).
Article 10. Uniform Allowance
Employees will be paid a uniform allowance of $429 per year, paid biweekly ($16.50 per pay period for
26 pay periods per year) for the purchase, rental and/or maintenance of the required uniforms. The
parties agree that for "classic members" as defined by the Public Employees' Pension Reform Act of
2013, this is special compensation and shall be reported as such, to the extent legally permissible,
[5]
TPOA MOU 2018-21
pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. Special motor officer gear and officer
public safety leather/nylon gear required by the department will be provided.
Article 11. Bilingual Pay
Employees in the classification of Police Officer 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 $250 per month ($115.38 per pay
period) as a Bilingual Pay incentive. The parties agree that this is special compensation and shall be
reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as Bilingual Premium. Individuals are eligible to receive Bilingual 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 the development and administration of a testing vehicle to
determine proficiency. In addition, Management will determine where within its discretion bilingual
proficiency is necessary in a particular work area and if so will compensate for it.
Article 12. Educational Incentive Pay
A. The City shall provide Educational Incentive Pay as an incentive for employees in the classification of
Police Officer to improve their level of education in relevant fields beyond the expected level for
their position.
B. Educational Incentive Pay begins the first pay period after Human Resources receives and certifies
the employee has met all of the eligibility requirements.
C. To apply for Educational Incentive Pay, an employee must be actively at work, provide official
documentation of the required classes and/or degree (associate's, bachelor's, or master's) and have
completed any applicable service requirements.
D. Incentive amounts areas follows:
Degree in Related Field Amount
Associate's $175/month ($80.77/pay period)
Bachelor's $325/month ($150.00/pay period)
Master's $375/month ($173.07/pay period)
The parties agree that this is special compensation and shall be reported as such, to the extent
legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational
Incentive.
E. Employees currently receiving Educational Incentive Pay for an equivalent to an Associate's degree
shall be grandfathered and shall continue to receive whatever compensation is provided to
employees with an Associate's degree.
a
TPOA MOU 2018-21
Article 13. Standby Duty
A. Unit employees shall be compensated for Standby Duty (except for court appearances) at the rate of
two (2) hours of straight time for each eight (8) hours required, including Holidays. If an employee is
on Standby Duty and the Standby status is canceled, the employee will still receive the full amount
of Standby Pay appropriate for the time frame involved.
B. 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. If a scheduled Standby for court appearances is
canceled and the employee is not advised (either via phone call, voicemail or text message) 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 City (e.g., phone call or voicemail) 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 Duty 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 Pay, if any, employees shall receive a minimum of two (2) hours of overtime
compensation paid at a time and one-half (1 %) rate for any call (fifteen (15) or more minutes beyond
the end of their shift) which required them to return to duty.
Article 15. Court Pay
A. An employee shall be paid at a rate of time and one-half (1 %) for actual time spent in City -required
court appearances that occur during the employee's off-duty hours. A minimum of two (2) hours of
Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. — 12:00 p.m.)
and/or a minimum of two (2) hours of such compensation for court appearances scheduled in the
afternoon (12:00 p.m. — 5:00 p.m.).
B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for
the same time period.
Article 16. Special Assignments
A. The Police Chief has sole discretion to determine who shall receive a special assignment. Employees
assigned to the following special assignments (or successor titles) listed below shall receive, in
addition to their regular compensation, premium pay in the amount of two and one-half percent
(2.5%) of base salary for performing in such special assignments; provided, however, that at no time
may an employee receive more than one (1) special assignment pay premium. The parties agree
that this is special compensation and shall be reported as such, to the extent legally permissible,
pursuant to Title 2 CCR, Section 571(a)(4).
1. Community Impact Officer (Police Liaison Premium)
2. Homeless Liaison Officer (Police Liaison Premium)
3. Field Training Officer (Training Premium)
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TPOA MOU 2018-21
4. Gang Reduction and Directed Enforcement (GRADE) Unit Officer (Gang Detail Assignment
Premium)
5. Investigator (including General Investigations, OCATT, RNSP, OCIAC, DEA Taskforce
Investigator) (Police Investigator Premium)
6. K-9 Officer (Canine Officer/Animal Premium)
7. Motorcycle Patrol Officer (Motorcycle Patrol Premium)
8. Professional Standards Personnel Officer (Police Administrative Officer)
9. School Resource Officer (Police Liaison Premium)
B. The City has the absolute discretion regarding the assignment and reassignment of employees to
special assignments. Any such assignment is not vested and may be revoked at any time and any
appeal required by Section 3304(b) of the California Government Code shall be governed by Article
37 of this MOU (Rules of Evidence and Procedure for Employees Removed from Special
Assignments).
When an employee reaches the expiration date of a special assignment term, as specified in the
Police Department's General Orders, the employee does not have the right to appeal the Police
Chief's decision to not renew or extend the employee's term in that special assignment.
C. Each employee performing the assignment of Motor Officer or K-9 Officer will receive one (1) paid
day off per month (10 hours) which is considered compensation for hours worked under the FLSA
for the time spent (as an officer -dog handler or officer motor -handler) at their residence in caring
for the dog/equipment during regular days off and during vacation or sick leave.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine
duties, entitles the parties to agree to a reasonable number of hours per month for the performance
of off duty canine duties. The hours derived at in this agreement were determined after an actual
inquiry of the Officers assigned in the canine special assignment as addressed by Leever v. City of
Carson City, 360 F.3d 1014 (9t" Cir. 2004). It is the intent of the parties through the provisions of this
section to fully comply with the requirements of the FLSA. In addition, both parties believe that this
section of the MOU does comply with the requirements of the FLSA.
The City and Officers understand and agree that this additional compensation is intended to
compensate canine/motor officers for all off duty hours spent caring, grooming, feeding and
otherwise maintaining their assigned canine or maintaining their assigned motorcycle, in compliance
with the FLSA and interpretive cases and rulings. Unless otherwise authorized by a supervisor,
employees in these assignments must limit their off-duty hours to a maximum of ten (10) hours per
month because they are only being paid for 10 hours per month.
Article 17. Shift Differential Pay
Employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at 6:30
a.m. the following day) or to a shift where all hours worked falls between the hours of 6:00 p.m. — 6:30
a.m. shall receive Shift Differential Pay. In addition, employees who are assigned to the GRADE unit
shall receive shift differential pay in recognition of their variable shift schedule. The parties agree that
this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to
Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Shift Differential. This differential is designed to
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compensate the employee for the inconvenience of working this particular shift. Unit employees
receiving this differential are paid $23.08 per pay period.
CHAPTER 3 — BENEFITS
Article 18. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA) ($133 per
month for calendar year 2018, and a yet to be determined amount for subsequent calendar years)
as well as an additional amount which is provided under a Section 125 Flexible Benefits program.
The amounts below include the minimum amount under PEMHCA.
B. Effective the pay period which includes July 1, 2018, the Flexible Benefits contribution per month
per eligible employee will be as follows:
Employee Only Employee + 1
Employee + 2
Dependent or More Dependents
$925 $1,175 $1,400
C. Effective the pay period that includes July 1, 2019 the Flexible Benefits contribution per month per
eligible employee will be as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$975 $1,225 $1,450
D. Effective the pay period that includes July 1, 2020 the Flexible Benefits contribution per month per
eligible employee will be as follows:
Employee Only Employee + 1
Employee + 2
Dependent or More Dependents
$1,025 $1,275 $1,500
E. Employees who do not take medical insurance through the program offered by the City shall receive
$450 per month as the Flexible Benefits Opt -Out contribution. As a condition of receiving such
amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. For medical
coverage, if an employee elects to opt out of coverage offered by the City, he/she must provide proof of
"minimum essential coverage" (as defined by the Affordable Care Act) through another source (other
than coverage in the individual market, whether or not obtained through Covered California).
F. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid
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out of their Flexible Benefits contribution. Employees may allocate the remaining amount among
the following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending Account for medical or dependent care reimbursement
6. Eligible catastrophic care programs
7. 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.
G. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this MOU unless changed by mutual agreement of the City and Association. The City retains the
right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee -funded.
Article 19. Retirement
A. 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.
B. Employees first hired by the City as Local Safety members prior to January 1, 2012 shall be provided
the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2.
1. These employees are responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of twelve percent (12%). If, at any time in the future, the
Association informs the City that it no longer agrees to this cost sharing agreement, effective on
the date of the elimination of the cost sharing (which would need to coincide with the expiration
date of the MOU) these employees' base salary would be reduced by an amount equal to the
value of this three percent (3%) cost sharing.
3. The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor Benefits),
Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as
Public Service). The employee is responsible for paying the employee portion of the 1959
Survivor benefit premium.
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C. Employees first hired by the City as Local Safety Members on or after January 1, 2012, excluding any
individuals defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of
2013, shall be provided the CalPERS 2% @ 50 retirement formula.
1. These employees are responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CalPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis.
2. These employees are responsible for paying an additional pension contribution of three percent
(3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee
pension contribution of twelve percent (12%). If, at any time in the future, the Association
informs the City that it no longer agrees to this cost sharing agreement, effective on the date of
the elimination of the cost sharing (which would need to coincide with the expiration date of the
MOU) these employees' base salary would be reduced by an amount equal to this three percent
(3%) cost sharing.
3. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 20037.
D. Police Officers first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2.7% @ 57 plan for Local Safety members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2018, the employee contribution is 12.00%. This amount will be
determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 7522.32(a).
E. Police Recruits first employed by the City on or after January 1, 2012, excluding any individuals
defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be
enrolled in the CalPERS 2% @ 60 retirement formula for Local Miscellaneous members.
TPOA MOU 2018-21
1. The employee is responsible for paying the employee contribution of 7% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CalPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or as designated by the employee in accordance with
Government Code Section 20037. The plan provides for 3 d level of 1959 Survivor benefits with
the employee paying the employee portion of the premium.
F. Police Recruits first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2% @ 62 plan for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2018, the employee contribution is 5.75%. This amount will be
determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or as designated by the employee in accordance with
Government Code Section 7522.32(a). The plan provides for 3 d level of 1959 Survivor benefits
with the employee paying the employee portion of the premium.
Article 20. Deferred Compensation
For each unit employee, the City shall contribute $37 per month to a Section 457 deferred
compensation plan. It is the responsibility of each employee to complete the necessary paperwork and
take required steps to enroll in the plan. Should an employee fail to enroll, the City is under no
obligation to make retroactive contributions on behalf of said employee. Employees hired into the
bargaining unit shall be provided with notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation. Employees are permitted to
contribute to their deferred compensation account up to the maximum permitted by law based on their
age.
Article 21. Employee Life Insurance
A. The City will provide life insurance for each employee and pay the required premiums. The death
benefit of said insurance shall be equal to one hundred thousand dollars ($100,000). The City will
also provide $1,000 per dependent of dependent life insurance.
B. 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.
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Article 22. Long -Term Disability (LTD) Plan
A. The parties agree that the TPOA-provided Long -Term Disability (LTD) Insurance Plan specifically for
sworn police personnel shall continue in full force and effect during the term of this MOU unless
changed by the mutual agreement of the City and the Association.
B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund.
C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during
the initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave during the 30 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 for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave (General Leave or Compensatory Time Off) to enable him/her to receive an amount
equivalent to no more than 100% of his/her pre -disability earnings.
D. Provided an employee is eligible for FMLA/CFRA leave, Flexible Benefits will be continued for ninety
(90) 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.
E. Eligibility for City benefits provided in parts C and D of this Article is conditioned upon the City's
receipt of proof of disability.
F. Police Recruits shall participate in the City's Short -Term / Long -Term Disability (STD/LTD) plan under
the same terms, conditions and cost as those employees in the general employee bargaining unit
(TMEA).
Article 23. 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:
1. Reimbursement shall be made for 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 as a Police Officer. Requests to enroll in courses may be granted prior to
the completion of probation. However payment will not be made until the employee has
completed the probationary period and attained regular status.
2. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same course.
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3. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for
attending graduate school, a four-year college or university, or a job-related program through
University of California or California State University extended education programs and $2,000
per year for attendance at a California Community College. This reimbursement benefit maybe
used for other job-related educational programs administered by other professional
organizations with the express approval of the City Manager. If an employee separates from
City service within one calendar year of receiving this Tuition Reimbursement benefit, the
employee is responsible for refunding the City the full amount of the benefit that was paid.
Funds will be deducted from the employee's final paycheck to cover the re -payment of the
tuition reimbursement.
4. The City has 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.
5. Approval from the Police Chief, Director of Human Resources, and City Manager (when
required) should be obtained prior to enrollment in the course or program to ensure the City
will approve the reimbursement request.
Article 24. Cell Phone Stipend
A. Employees with a clearly identified business need as determined by their department head are
eligible for cell phone stipend of $12 per pay period ($26 per month), which is taxable income.
B. The stipend is designed to contribute to an employee's cell phone plan. It is not designed to fully pay
for the plan. Any additional charges an employee incurs are his/her own responsibility and those
additional charges are not eligible for reimbursement.
Article 25. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $350 per month for the
payment of CalPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($133 for
calendar year 2018, and a yet to be determined amount for subsequent calendar years).
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for five (5) full years, retires from the City and
CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CalPERS may satisfy the five (5) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
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CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CalPERS may satisfy the ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a CalPERS medical insurance plan; once coverage is dropped,
reimbursement will cease and will not be reinstated.
Article 26. Retiree Health Savings Plan
Effective January 1, 2019 employees in the unit will have the option to make a payroll deduction and
contribute to a retiree health savings plan which will be set up by the City. Contributions are voluntary
by employees and the City will not make a contribution to the plan.
CHAPTER 4 — LEAVES OF ABSENCE
Article 27. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years
160 hours
320 hours
6-10 years
208 hours
416 hours
Over 10 years
248 hours
496 hours
B. General Leave Cash Out:
Employees in the unit are permitted to cash out General Leave as follows:
1. Until December 7, 2018:
Each employee may request that he/she be paid for a maximum of forty (40) hours of accrued
General Leave.
In addition, each employee may request that he/she be paid for accrued General Leave based
on years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
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Requests for cash out must be received no later than two weeks prior to the paycheck date
when the cash out is requested.
2. After December 7, 2018 and for Each Year Thereafter:
Starting in 2018 (for payment in 2019), on or before the pay period which includes December 15
of each calendar year, an employee may make an irrevocable election to cash out up the
following amount of General Leave which will be earned in the following calendar year at the
employee's base rate of pay:
a. Up to forty (40) hours of accrued General Leave; and
b. Up to an additional amount of accrued General Leave based on years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
The employee can request that the cash out (of both 2 a and b above) be processed on any
paycheck beginning July 1 of the following calendar year through the end of that calendar year,
as long as the employee has accrued the number of hours they elected to cash out during the
calendar year of the cash out. However, if the employee's General Leave balance is less than
the amount the employee elected to cash out (in the prior calendar year) the employee will
receive cash for the amount of leave the employee has accrued at the time of the cash out. The
employee may request to be paid all at once or choose to be paid on two different paychecks.
C. Each employee is responsible for managing his/her General Leave bank. Employees wishing to stay
below the General Leave cap are encouraged to regularly monitor their leave accrual balances that
are provided on each biweekly paycheck, provide the department with as much advance notice as
possible when requesting to use General Leave for time off, be flexible when requesting to take time
off during periods of heavy usage or staffing shortages, and take advantage of the General Leave
cash out program.
The department will not unreasonably deny an employee's request to use General Leave.
Supervisors will be fair and reasonable in reviewing employee requests to use General Leave and
will balance the wishes of the employee with the operational and safety needs of the department
and the efficient use of the City's resources.
If an employee requests to take time off using General Leave and has not fully used the General
Leave cash out program, the fact that an employee is at his/her General Leave accrual cap shall not
be cause for the department to automatically grant the employee's request to use General Leave.
D. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Should an employee request to use General Leave in accordance with department
procedures and be denied the use of leave which will result in the employee reaching his/her
maximum accrual cap, the Director of Human Resources will be notified to facilitate an agreeable
remedy for both parties.
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E. Upon separation from the City service the employee will be paid for unused General Leave, at the
employee's then current base salary rate.
F. The use of General Leave must be approved by the department head and due regard shall be given
to the employee's preference in scheduling such paid leave time.
G. Advanced General Leave is available under the following provisions:
1. A unit member requests a leave of absence for a "serious health condition" as that term is
defined under the FMLA/CFRA for him or herself, a child, parent, spouse or registered domestic
partner; and
2. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave
accrued; and
3. The employee exhausts his/her General Leave accrual; then
4. Upon request of the employee, the City will grant an advance of one -hundred twenty (120)
hours of General Leave for use in conjunction with the serious health condition (as defined
above).
The Advanced General Leave must be repaid to the City once an employee returns to work.
Advanced General Leave will be repaid by transferring newly accrued General Leave back to the City
until full repayment of the leave has been returned. However, should an employee request and
receive Catastrophic Leave donations, the City will have any advanced hours returned from the
catastrophic leave donation bank to the City prior to providing the employee use of the donated
hours.
Article 28. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, employees may elect the option of accruing
Compensatory Time Off at the rate of time and one-half (1%), subject to a maximum accrual of sixty
(60) hours.
B. Employees will be paid for all Compensatory Time Off in January 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.
C. The time during which an employee may take Compensatory Time Off shall be subject to approval
by the Police Chief or designee with due regard for the wishes of the employee and for needs of the
service. However, an employee wishing to use his/her accrued Compensatory Time Off shall provide
the City with reasonable notice of such request. Reasonable notice is defined as two calendar
weeks. If reasonable notice is provided, the employee's request will not be denied unless it would
be unduly disruptive to the department to grant the request. A request to use Compensatory Time
Off without reasonable notice may still be granted within the discretion of the supervisor or
manager responsible for considering the request.
D. When an employee separates from City service or remains employed by the City, but moves to a
position no longer represented by TPOA, an employee shall be compensated for all accrued
Compensatory Time Off at his/her regular rate of pay.
[17]
Article 29. Holidays
A. The following Holidays are observed by the City:
January 1
Third Monday In January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
TPOA MOU 2018-21
B. Except as otherwise provided, when a Holiday occurs on a Sunday, the following Monday will be
observed instead and when a Holiday occurs on a Saturday, the preceding Friday will be observed
instead.
C. 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 off 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 Off or General Leave to ensure that hours paid will
be the same as would regularly be paid for the day.
D. Except as provided for below in subparagraph D1, in December of each year, each regular and
promotional probationary employee will be granted 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 Advance 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, fifty-four (54) hours in
January (January — September Holidays) and fifty-four (54) hours in October (October — December
Holidays) of each year.
In the event that an employee separates from service and has used and/or been paid for Holidays in
excess of the pro -rata earned hours per month, the overage shall be deducted from his/her final
check.
In the event an employee is on unpaid status immediately before or after the holiday, 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 previously
paid on the payroll immediately following the Holiday (or as soon as the overpayment is discovered).
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1. Exception: If at the time Advance Holiday Pay is being processed, the employee is on an unpaid
medical leave of absence without a documented return to work date (within the next 30 days),
the employee will not receive Advance Holiday Pay and will instead be paid for each Holiday as it
occurs if the employee is in a paid status at the time the Holiday occurs.
E. Newly hired probationary employees are not eligible for Advance Holiday Pay and will be paid for
each Holiday as it occurs.
F. The parties agree that Holiday Pay is additional compensation for employees who are normally
required to work on an approved holiday because they work in positions that require scheduled
staffing without regard to holidays and shall, to the extent legally permissible, be reported as special
compensation pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4).
Article 30. Bereavement Leave
The City will allow up to fifty (50) hours of paid leave for the purpose of Bereavement Leave in the event
of a death in the employee's immediate family. For purposes of this section, "immediate family" shall be
defined as including the spouse, registered domestic partner, mother, stepmother, father, stepfather,
brother, step brother, sister, step sister, child, stepchild, grandparent, step grandparent, grandchild and
step grandchild of the employee or the employee's spouse/registered domestic partner. An employee
may use less than fifty (50) hours. 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.
Article 31. Military Leave
Upon notice from the Association that a unit employee has been called to Active Duty, the City will,
within 30 calendar days, place on the City Council Agenda a Resolution for consideration that would
provide the affected employee with supplemental salary in the event his/her military pay and associated
dollar stipends and extras is less than he/she would have earned in base pay if the employee had not
been called to Active Duty.
CHAPTER 5 — WORKING CONDITIONS
Article 32. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the rules regarding
hours of work, Holidays, and leaves.
B. 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
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the absence as unavoidable and allow the employee to make up the lost time or cover it with
General Leave.
C. Absence from work without approved leave and without reasonable cause for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. 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 33. Work Schedules
A. Police Officers work schedules under Section 207(k) of the Fair Labor Standards Act (FLSA).
B. Department work schedules include:
1. The 4/10 work schedule for employees in Special Assignments. In each seven (7) calendar
day period, the employee works four 10 -hour days followed by three (3) consecutive days
off.
2. The 3/12.5 work schedule for employees in Patrol. In each seven (7) calendar day period,
the employee works three 12.5 hour days and is followed by four (4) consecutive days off.
During the 28 day work period, the employee must work one additional 10 -hour shift.
C. Continuation of the schedule is subject to needs of the department, provided that if the department
desires to discontinue that work schedule, the employee will revert to the 9/80 work schedule or
some other schedule upon mutual agreement of the department and employee.
D. Department employees will select shifts as follows:
1. The City is divided into two separate patrol areas — North and South.
2. Available shifts (which are determined by the Department and are subject to change) will be
designated by the Department by patrol area. Police Officers will select shifts in either the
North or South area twice a year. Police Officers are limited to twenty four (24) consecutive
months on any shift assignment (day shift, cover watch, or graveyard). Based on
departmental needs, a Police Officer may be allowed to extend beyond the twenty four (24)
consecutive month rotation.
3. Based on department needs, shift assignments may be reserved for probationary Police
Officers during the probationary period. The remaining shifts will be selected by patrol area
by seniority.
4. Field Training Officers will be given the opportunity to select shifts by seniority as a full-time
Police Officer with Tustin PD. In the event the voluntary "by seniority" shift selection does
not provide the necessary coverage, the Chief of Police, or designee, may assign Field
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TPOA MOU 2018-21
Training Officers to shifts that provide necessary coverage. When making mandatory shift
assignments for Field Training Officers, management will make an effort to adhere to the
shift preferences of Field Training Officers.
5. Bilingual Police Officers will be given the opportunity to select shifts by seniority. In the
event the voluntary "by seniority" shift selection does not provide the necessary coverage,
the Chief of Police, or designee, may assign Bilingual Police Officers to shifts that provide
necessary coverage. When making mandatory shift assignments for Bilingual Police Officers,
Management will make an effort to adhere to the shift preferences of Bilingual Police
Officers.
6. If a Police Officer assigned to a Special Assignment returns to patrol, at a time other than at
shift selection, he/she will be assigned to a patrol area and shift based on the staffing needs
of the department.
7. If a Police Officer assigned to a Special Assignment returns to patrol, in conjunction with
shift selection, he/she will be assigned to a patrol area but will participate in the shift
selection process based on seniority.
8. If at the time of shift signups a Police Officer is off work on a medical leave of absence
without a documented return -to -work date from his/her primary treating physician, he/she
will not be permitted to select a shift for the upcoming deployment period. However, if a
Police Officer is off work on a medical leave of absence and has presented the City with a
documented full duty return -to -work date that is no more than 60 days beyond the start of
the upcoming deployment period, he/she will be permitted to select a shift at the time of
shift signups.
E. Employees assigned to special task forces or regional teams will work the hours that the team
works.
F. Employees may have their work schedule changed to accommodate training assignments which are
eight (8) or more hours in duration.
Article 34. Shift Trades
Employees in the unit have the right to trade shifts with their colleagues at the same rank subject to the
following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade. However,
denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift
was worked will record the time as time worked on his or her time sheet.
[21]
TPOA MOU 2018-21
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and
will not be monitored by the City. Traded shifts should fall in the same two week pay period.
They must fall within the same 28 day work period. If an employee leaves the City having not
paid back a shift, it shall be the responsibility of the two employees to work out any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does
not work the shift, the employee who agreed to work the shift shall have his/her General Leave
deducted. For example, if Police Officer A agrees to work the shift for Police Officer B and prior
to the shift, Police Officer A calls in sick and does not work the shift, Police Officer A's General
Leave is deducted and Police Officer B gets credit for the shift.
Article 35. Rest Periods and Lunch Breaks
A. 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.
B. Employees receive a paid lunch break because they are required to be working or available to
respond immediately to calls for service during their lunch time.
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 36. Employee Rights
As the recognized representative of the employees covered by this MOU, 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. If a grievance is filed (by either an employee or the Association) as
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TPOA MOU 2018-21
authorized by the City of Tustin Personnel Rules in Section 11, the employee or the Association
shall file the grievance within thirty (30) days from the date of the act or omission which gave
rise to the grievance. The grievance procedure is the exclusive method for alleging a violation of
a provision of this MOU. The employee may assert that the alleged violation has been occurring
for more than thirty (30) days.
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 e-
mail for the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable access to the
workplace.
12. TPOA representatives may be granted General Leave or other leave for labor relations training.
13. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 37. Third Party Advisory Process for Disciplinary Appeals
A. Disciplinary actions, which may move beyond the department head's decision, include the actions of
termination, suspension, reduction of salary, and demotion. The "third party" advisory process is the
step between the department head's action and the City Manager's final decision. In the
department head's notice of final disciplinary action (which should be served by personal delivery)
shall be a statement which clearly informs the employee that he/she has the right, within ten (10)
working days after receipt of the response, to request the next level of appeal. The day the
employee receives the department head's final notice shall not count as one of the ten (10) days.
B. The employee's request for the next level of appeal must be addressed to the Director of Human
Resources and received in the Human Resources Department so that same is date stamped by the
Human Resources Department with the ten (10) day period.
C. If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless
good cause for the failure is shown, the action of the department head shall be considered
conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee
involved files such notice of appeal by giving written notice of appeal to the Director of Human
Resources, an appeal hearing shall be established as follows:
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TPOA MOU 2018-21
1. If a single third party hearing officer cannot be agreed upon by the Director of Human
Resources and the employee's representative (or employee alone if unrepresented), the
State Mediation and Conciliation Service shall be requested to submit a list of seven (7)
persons qualified to act as arbiters to the City and employee. Within ten (10) days following
receipt of the list of arbiters, the parties shall meet to select the arbiter. The parties shall
alternately strike one (1) name from the list of arbiters (the right to strike the first name to
be determined by lot) until one (1) name remains, and that person shall be the arbiter.
2. Where practicable, the date for 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 Director of
Human Resources. The parties may stipulate to a longer or shorter period of time in which
to hear the appeal. All interested parties shall be notified in writing of the date, time, and
place of hearing.
3. All hearings shall be private, provided, however, that the arbiter shall, at the request of the
employee, open the hearing to the public.
4. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the
request of either party, not less than five (5) working days, prior to the commencement of
such hearing. After the commencement of such hearing, subpoenas shall be issued only at
the discretion of the arbiter.
5. The hearing need not be conducted in accordance with technical rules relating to evidence
and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of
the existence of any common law or statutory rules, which might make improper the
admission of such evidence over objection in civil actions. Hearsay evidence may be used
for the purpose of supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be admissible over objection in civil
actions. The rules of privilege shall be effective to the same extent that they are now or
hereafter may be recognized in civil and criminal actions, and irrelevant and unduly
repetitious evidence shall be excluded. The arbiter shall not be bound by technical rules of
evidence. The arbiter shall rule on the admission or exclusion of evidence.
6. 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 or any matter relevant to the issues even though that matter was not
covered in the direct examination; to impeach any witness regardless of which party first
called him/her to testify; and to rebut the evidence against him/her. If the respondent does
not testify in his/her own behalf, he/she may be called and examined as if under cross-
examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will
be engaged to record the hearing.
7. The hearing shall proceed in the following order, unless the arbiter, for special reason,
otherwise directs:
a. The party imposing discipline shall be permitted to make an opening statement.
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TPOA MOU 2018-21
b. The appealing party shall then be permitted to make an opening statement.
c. The party imposing disciplinary action shall produce the evidence on his/her part;
the City bears the burden of proof and burden of producing evidence.
d. The party appealing from such disciplinary action may then open his/her defense
and offer his/her evidence in support thereof; the employee bears the burden of
proof and the burden of producing evidence for any affirmative defenses asserted.
e. The parties may then, in order, respectively offer rebutting evidence only, unless the
arbiter for good reason permits them to offer evidence upon their original case.
f. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
8. The arbiter shall determine relevancy, weight, and credibility of testimony and evidence. He/she
shall base his/her findings on the preponderance of evidence. During the examination of a
witness, all other witnesses, except the parties, shall be excluded from the hearing unless the
arbiter, in his/her discretion, for good cause, otherwise directs. No still photographs, moving
pictures, or television pictures shall be taken in the hearing chamber during a hearing. The
arbiter, prior to or during a hearing, may grant a continuance for any reasons he/she believes to
be important to reaching a fair and proper decision. The arbiter shall render his/her judgment
as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days
after conducting a hearing. His/her decision shall set forth findings of fact and conclusions. The
opinion shall be advisory only.
9. The arbiter may recommend sustaining or rejecting any or all of the charges filed against the
employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action
invoked against the employee. He/she may not recommend for discipline more severe than
that invoked by the department head.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a copy sent
to the charged employee, and the Director of Human Resources and shall set forth his/her
findings and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's
recommendation, the opinion shall set forth the recommended date the employee is
recommended to be reinstated and/or other recommended action. The reinstatement date, if
appropriate, may be any time on or after the date of disciplinary action.
10. Within thirty (30) days of the receipt of the arbiter's findings and recommendations, and
transcript, whichever date is later, the City Manager shall adopt, amend, modify or reject the
recommended findings, conclusions, and/or opinions of the arbiter. Prior to making a decision,
which modifies or rejects the recommendation of the arbiter, the City Manager shall order and
read the transcript of the Third Party Advisory Process. Prior to making a decision which
supports the arbiter, the City Manager may order and read the subject transcript, at his/her
option, allow limited oral arguments and/or may request and review written statements from
either side. The decision of the City Manager shall be final and conclusive. Copies of the City
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TPOA MOU 2018-21
Manager's decision, including the arbiter's recommendations(s) shall be filed where
appropriate, including the employee's personnel file, unless no discipline is upheld by the City
Manager. Each party shall bear equally the cost of facilities, fees and expenses of the arbiter,
including the court reporter and transcripts. If the City Manager orders a transcript for his/her
review, the City shall bear the cost of providing the transcript. Each party shall bear its own
witness and attorney fees. If either party unilaterally cancels or postpones a scheduled
arbitration, thereby resulting in a fee charged by the arbiter or court reporter, then the party
responsible for the cancellation or postponement shall be solely responsible for the payment of
that fee. This process shall not apply to mutual settlements by the parties, which result in an
arbitration fee.
11. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City
Manager, the time of such suspension, demotion or dismissal shall be effective from the first
day after such delivery of said decision or shall relate back to be effective as of the date the
employee was suspended from duty pending hearing before and decision by the City Manager,
whichever is applicable. If discipline imposed resulted in loss of pay, the pay loss shall be
restored to the employee based on the number of standard work hours lost computed at
his/her then base hourly rate. The provision of Section 1094.6 of the Code of Civil Procedure
shall be applicable to proceedings under this Article.
Article 38. Rules of Evidence and Procedure for Employees Removed from Special Assignments
Any Police Officer removed from a Specialty Pay position for non -disciplinary reasons may file a written
appeal with the City Manager within 10 days of receiving notice of removal, in accordance with the
following:
1. Hearings shall be conducted by the City Manager or his/ her designee.
2. The question to be decided is whether the City abused its discretion in removing the Police
Officer from the Specialty Pay position.
3. Formal rules of evidence and procedure that may be applicable in a court of law shall not apply
to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of
evidence that responsible persons are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any judicial rule which might have made improper the admission
of such evidence over objection in civil actions. Hearsay evidence may be admitted for the
purpose of supplementing or explaining any direct evidence but shall not be sufficient by itself
to support a finding unless it would be admissible over objection in civil actions. The rules of
privilege shall be applicable to the same extent that they are recognized in civil actions.
4. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-
examine opposing witnesses. If the employee does not testify his or her own behalf, the
employee may be called and examined as if under cross-examination.
5. Testimony shall be recorded by means of either a tape recording or certified court reporter.
6. Witness shall be sworn unless both parties stipulate otherwise.
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TPOA MOU 2018-21
7. Written declarations made under penalty of perjury shall be admissible, provided, however, that
declarants shall be made available for testimony at the request of the party against whom the
declaration is offered.
8. The Police Officer appealing the removal from the Specialty Pay position has the burden of
proof. The standard of proof is a preponderance of the evidence. The City shall present its case
first. During the presentation of the City's case, the officer shall have the right to cross-examine
any witness called to testify by the City. During the presentation of the officer's case, the City
shall have the right to cross-examine any witness called by the employee to testify.
9. Both parties shall have the right to counsel. Employee may be represented by the applicable
employee organization representative.
10. Both parties shall have the right to present an opening argument prior to the presentation of
any evidence and a closing argument after the presentation of all evidence.
11. The City Manager, or his/her designee, shall decide all questions of procedure and evidence.
12. The City Manager, or his/her designee, shall issue a written decision within 30 days of 1) the
conclusion of the hearing, or 2) the receipt of post -hearing briefs if such briefs are requested by
the City Manager or his/her designee.
13. The decision of the City Manager shall be final and binding. If the City Manager chooses to
designate a hearing officer, that hearing officer will make a recommendation based on written
findings to the City Manager, whose decision shall be final and binding.
14. Any objection to the City Manager, or his/her designee, on the grounds of bias, must be made in
writing, stating the reasons therefore, by delivering of the writing to the City Manager no later
than five (5) days prior to the date of the hearing.
Article 39. 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 40. No Strike / Job Action
A. 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.
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TPOA MOU 2018-21
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. 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 41. Management Rights
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 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:
1. The right to temporarily suspend the provisions of this MOU 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 this MOU, 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 this Agreement.
2. 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.
3. The right to contractor sub -contract services and/or work.
4. The right to take such further action as maybe necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
5. The right to modify the performance evaluation form.
6. The right to modify and update class specifications.
Article 42. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
[28]
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IN WITNESS WHEREOF, the parties hereto have executed this document this 111h day of August 2018.
FOR THE CITY OF TUSTIN
Jeffrey C. Parker, City Manager
Derick Yasuda, Director of Human Resources
Matthew West, Assistant City Manager
Karyn Roznos, Senior Management Analyst
FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE OFFICER
REPRESENTATION UNIT
Robert Nelson, President
Michael Van Cleve, Sergeant Representative
Manuel Arzate, Lieutenant Representative
Joseph Cossack, Secretary
Peter J. Brown, Liebert Cassidy Whitmore Robert M. Todd, Stone Busailah, LLP
[29]
TPOA MOU 2018-21
APPENDIX A - MONTHLY SALARY RANGES
Effective the pay period that includes July 1, 2018
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Police Officer
37.17
39.07
41.07
43.17
45.39
47.71
Police Recruit
27.54
-
-
-
-
-
Senior Officer 1
38.47
40.44
42.51
44.69
46.97
49.38
Senior Officer 11
39.21
41.22
43.33
45.55
47.88
50.33
Master Officer
39.95
42.00
44.15
46.41
48.79
51.28
Effective the pay period that includes July 1, 2019
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Police Officer
38.28
40.24
42.30
44.47
46.75
49.14
Police Recruit
28.37
-
-
-
-
-
Senior Officer 1
39.62
41.65
43.78
46.03
48.38
50.86
Senior Officer II
40.39
42.46
44.63
46.92
49.32
51.84
Master Officer
41.15
43.26
45.48
47.80
50.25
52.82
Effective the pay period that includes July 1, 2020
Classification
Step A Step 6
Step C
Step D
Step E
Step F
Police Officer
39.81 41.85
44.00
46.25
48.62
51.10
Police Recruit
29.51 -
-
-
-
-
Senior Officer 1
41.21 43.32
45.54
47.87
50.32
52.89
Senior Officer II
42.00 44.15
46.42
48.79
51.29
53.91
Master Officer
42.80 44.99
47.30
49.72
52.26
54.93
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TPOA MOU 2018-21
APPENDIX B — CAREER OFFICER PROGRAM
A. The Career Officer Program enables an employee in the classification of Police Officer to be
reclassified to the classifications of Senior Officer I, Senior Officer II, and Master Officer once the City
certifies that the employee meets the minimum qualifications of the higher-level classification.
B. The minimum qualifications for each classification in the Career Officer Program areas follows:
1. Senior Officer I
a. Five (5) consecutive years of employment with the City of Tustin as a sworn police officer (a
lateral entry Police Officer may use 50% of his/her prior experience as paid full-time sworn
police officer towards this requirement)
b. POST Basic Certificate
c. Completion of 30 college semester credits
d. "Meets Standard" (formerly "Competent") or better annual performance evaluations for the
previous three (3) consecutive years
e. Has accepted additional duties as assigned
2. Senior Officer II
a. One (1) year of experience in the classification of Senior Officer I
b. Seven (7) consecutive years of employment with the City of Tustin as a sworn police officer
(a lateral entry Police Officer may use 50% of his/her prior experience as paid full-time
sworn police officer towards this requirement)
c. POST Intermediate Certificate
d. Completion of 60 college semester credits or an associate's degree
e. "Meets Standard" (formerly "Competent") or better annual performance evaluations for the
previous three (3) consecutive years
f. Has accepted additional duties as assigned
3. Master Officer
a. One (1) year of experience in the classification of Senior Officer II
b. Ten (10) consecutive years of employment with the City of Tustin as a sworn police officer (a
lateral entry Police Officer may use 50% of his/her prior experience as paid full-time sworn
police officer towards this requirement)
c. POST Advanced Certificate
d. Completion of 90 college semester credits
e. "Meets Standard" (formerly "Competent") or better annual performance evaluations for the
previous five (5) consecutive years
f. Has accepted additional duties as assigned
C. To request reclassification to the next classification level, an employee must be actively at work,
complete a Career Officer Program Reclassification Request form (including supporting
documentation of required education) and submit it for approval via the chain of command. If all
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TPOA MOU 2018-21
qualifications are met, the Police Chief will authorize the Professional Standards Unit to generate a
Personnel Action Form to initiate the reclassification.
D. The effective date of the reclassification is the beginning of the pay period after the Human
Resources Department receives and certifies the employee has met all of the eligibility
requirements. Upon reclassification, the employee will be placed at the same salary step as he/she
is currently (i.e. upon reclassification, a Police Officer at Step F will be placed at Senior Officer I Step
F). A reclassified employee will not be required to serve a new probationary period and the
employee's dates for performance evaluations and merit increases will remain on the same
schedule.
[32]
RESOLUTION NO. 18-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS ASSOCIATION —
POLICE MANAGEMENT REPRESENTATION UNIT,
CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 15-50, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 15-50 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Officers Association — Police
Management Representation Unit (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, hours, and
terms and conditions of employment effective July 1, 2018 through June 30, 2021, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TPMA, effective July
1, 2018, is hereby approved and incorporated herein by reference as though fully
set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
This Resolution shall become effective on July 1, 2018, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
Resolution 18-54
Page 1 of 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 11 th day of August 2018.
ELWYN A. MURRAY
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 18-54 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 11th day of
August 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-54
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE MANAGEMENT REPRESENTATION UNIT
TERM:
July 1, 2018 —June 30, 2021
TPMA MOU 2018-21
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS........................................................................................................ 3
Article1. Recognition...........................................................................................................................3
Article2. Entire Agreement.................................................................................................................3
Article3. Reopener..............................................................................................................................4
Article4. Severability...........................................................................................................................4
Article 5. Binding on Successors...........................................................................................................4
Article6. Notices.................................................................................................................................4
Article7. Payroll Deductions................................................................................................................4
CHAPTER 2 — COMPENSATION................................................................................................................. 5
Article8. Salary....................................................................................................................................5
Article 9. Overtime Compensation.......................................................................................................5
Article 10. Uniform Allowance............................................................................................................. 5
Article11. Bilingual Pay.......................................................................................................................6
Article 12. Educational Incentive Pay................................................................................................... 6
Article13. Standby Duty...................................................................................................................... 6
Article14. Call -Back Duty.....................................................................................................................7
Article15. Court Pay............................................................................................................................7
Article 16. Shift Differential Pay...........................................................................................................7
Article17. Acting Pay...........................................................................................................................7
CHAPTER 3 — BENEFITS............................................................................................................................ 8
Article 18. Flexible Benefits Plan..........................................................................................................8
Article19. Retirement......................................................................................................................... 9
Article 20. Deferred Compensation....................................................................................................
10
Article 21. Employee Life Insurance...................................................................................................
11
Article 22. Long -Term Disability (LTD) Plan.........................................................................................
11
Article 23. Tuition Reimbursement....................................................................................................
12
Article 24. Cell Phone and Smartphone Stipend.................................................................................
12
Article25. Car Allowance...................................................................................................................
13
Article 26. Retiree Medical Insurance.................................................................................................
13
Article 27. Retiree Health Savings Plan...............................................................................................
13
CHAPTER 4 — LEAVES OF ABSENCE.........................................................................................................
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TPMA MOU 2018-21
Article28. General Leave...................................................................................................................
13
Article 29. Compensatory Time Off....................................................................................................
16
Article 30. Administrative Leave........................................................................................................
16
Article31. Holidays............................................................................................................................
17
Article 32. Bereavement Leave..........................................................................................................
18
CHAPTER 5 — WORKING CONDITIONS....................................................................................................
18
Article33. Attendance.......................................................................................................................
18
Article34. Work Schedules................................................................................................................
19
Article35. Shift Trading.....................................................................................................................
20
Article 36. Rest Periods and Lunch Breaks..........................................................................................
20
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.................................................................................
21
Article37. Employee Rights...............................................................................................................
21
Article 38. Performance Evaluations..................................................................................................
22
Article 39. No Strike / Job Action........................................................................................................
22
Article 40. Management Rights..........................................................................................................
22
Article41. Layoffs..............................................................................................................................
23
APPENDIX A — HOURLY SALARY RANGES................................................................................................
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TPMA MOU 2018-21
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules 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 (hereinafter sometimes referred to as TPMA or Association); 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
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
A. The City has previously recognized the Tustin Police Officers Association — Police Management
Representation 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.
B. The classifications constituting the Police Management Representation Unit are Police Lieutenant
and Police Sergeant.
Article 2. Entire Agreement
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
MOU shall prevail.
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TPMA MOU 2018-21
Article 3. Reopener
Prior to January 1, 2020 either side may request to meet and confer for the purpose of effecting changes
to this MOU to go into effect on January 1, 2020 or later.
Article 4. Severability
If any part of this MOU 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
MOU shall not render invalid the remaining part hereof.
Article S. Binding on Successors
This MOU 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 6. Notices
Notices hereunder shall be in writing and, if to TPMA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, California 92781; and, if to the City, shall be mailed to City
Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 7. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits, including deferred compensation.
3. Contribution to survivor benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues and any authorized fees to TPOA.
12. Payment of authorized TPOA deductions.
13. Payment for non -return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Other purposes as authorized by the City.
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TPMA MOU 2018-21
CHAPTER 2 — COMPENSATION
Article 8. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective in the pay period which includes July 1, 2018, employees in the bargaining unit shall
receive a three percent (3.0%) base salary increase.
C. Effective the pay period which includes July 1, 2019, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
D. Effective the pay period which includes July 1, 2020, employees in the bargaining unit shall receive a
four percent (4.0%) base salary increase.
Article 9. Overtime Compensation
A. Employees in the unit are subject to different work schedules. However, all employees are
scheduled to work 160 hours in the 28 day FLSA work period.
B. Overtime is subject to pre -approval by the employee's supervisor. The City shall pay Police
Sergeants overtime compensation at the rate of time and one-half (1 %) for all hours worked in
excess of:
1. Regularly scheduled hours per shift; or
2. Hours worked on a day the employee is not regularly scheduled to work; or
3. Hours worked in excess of 160 hours in the 28 day FLSA work period.
C. General Leave, Compensatory Time Off and Holiday hours paid shall be counted as hours worked in
these calculations.
D. Overtime paid by this MOU in excess of the requirements of the FLSA (when an employee actually
works in excess of 171 hours in the 28 -day FLSA work period) is paid at 1.5 times the employee's
base hourly rate of pay.
E. Overtime paid per the requirements of the FLSA (when an employee actually works in excess of 171
hours in the 28 -day FLSA work period) includes base pay plus any additional forms of pay which are
provided to employees and required to be included in the FLSA regular rate (i.e., overtime rate).
Article 10. Uniform Allowance
Employees will be paid a uniform allowance of $429 per year, paid biweekly ($16.50 per pay period for
26 pay periods per year) for the purchase, rental and/or maintenance of the required uniforms. The
parties agree that for "classic members" as defined by the Public Employees' Pension Reform Act of
2013, this is special compensation and shall be reported as such, to the extent legally permissible,
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TPMA MOU 2018-21
pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. Special motor officer gear and officer
public safety leather gear required by the department will be provided.
Article 11. Bilingual 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 Bilingual Pay incentive. The parties
agree that this is special compensation and shall be reported as such, to the extent legally permissible,
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Bilingual Premium. Individuals are eligible
to receive Bilingual 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 the development and
administration of a testing vehicle to determine proficiency. In addition, management will determine
where within its discretion bilingual proficiency is necessary in a particular work area and if so will
compensate for it.
Article 12. Educational Incentive Pay
A. Unit employees are eligible to receive Educational 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.
B. To apply for Educational Incentive Pay, an employee must be actively at work, provide official
documentation of the required degree (associate's, bachelor's, or master's) and provide a copy of
the applicable POST certificate (Supervisory POST or Management POST) and have completed any
applicable service requirements.
C. Educational Incentive Pay requirements and amounts are as follows:
Associate's
Bachelor's
Master's
ree / Certificate Amount
$250/month ($115.38/pay period)
$450/month ($207.69/pay period)
$475/month ($219.23/pay period)
D. If a Sergeant promotes to a Lieutenant, the Sergeant will not lose Educational Incentive Pay.
E. The parties agree that this is special compensation and shall be reported as such, to the greatest
extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational
Incentive.
Article 13. Standby Duty
A. 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 Duty and the
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TPMA MOU 2018-21
Standby status is canceled, the employee will still receive the full amount of Standby Pay
appropriate for the time frame involved.
B. 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. If a scheduled Standby Duty is canceled and the
employee is not advised (either via phone call, voice mail or text message) 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 City (e.g., phone call or voice mail) 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 Duty 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 Pay, if any, a Police Sergeant shall receive a minimum of two (2) hours of
overtime compensation paid at a time and one-half (1 %) rate for any call (fifteen (15) or more minutes
beyond the end of his/her shift) which required him/her to return to duty that does not involve a court
appearance.
Article 15. Court Pay
A. Police Sergeants shall be paid at a rate of time and one-half (1 %) for actual time spent in City -
required court appearances that occur during the employee's off-duty hours. A minimum of two (2)
hours of Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. —
12:00 p.m.) and/or a minimum of two (2) hours will be paid for court appearances scheduled in the
afternoon (12:00 p.m. — 5:00 p.m.).
B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for
the same time period.
Article 16. Shift Differential Pay
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) or to a shift where all hours worked falls between the hours of 6:00 p.m. —
6:30 a.m. shall receive $100 per month ($46.15 per pay period) for each month worked on said shift. In
addition, employees who are assigned to the GRADE unit shall receive shift differential pay in
recognition of their variable shift schedule. The parties agree that this is special compensation and shall
be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as Shift Differential. This differential is designed to compensate the employee for the
inconvenience of working this particular shift.
Article 17. Acting Pay
A Police Sergeant assigned to temporarily work in the classification of Police Lieutenant will receive
Acting Pay of 5% of base pay. If a Police Sergeant who is receiving Acting Pay is required to work
overtime performing Sergeant -level duties, the employee is entitled to overtime compensation for these
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TPMA MOU 2018-21
additional hours but shall not receive the 5% Acting Pay for those hours. If the Police Sergeant is
required to work overtime performing Lieutenant -level duties, the employee is not entitled to any
additional compensation for these additional hours. This rate will be paid effective the beginning of the
first full pay period in which the employee serves in the Acting assignment.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of Acting Pay shall be reported to CalPERS as
Special Compensation. The parties agree that Acting Pay ("Temporary Upgrade Pay") is described in Title
2 CCR, Section 571(a)(3) as a "premium pay" — a type of reportable special compensation. This pay is
only reportable to CalPERS as special compensation for those who qualify as classic members as
described by the Public Employees' Pension Reform Act of 2013 — PEPRA. This pay is not reportable as
special compensation for employees defined as "new members" under PEPRA. However, it is ultimately
CalPERS who determines whether any form of pay is reportable special compensation.
CHAPTER 3 — BENEFITS
Article 18. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA) ($133 per
month for calendar year 2018, and a yet to be determined amount for subsequent calendar years)
as well as an additional amount which is provided under a Section 125 Flexible Benefits program.
The amounts below include the minimum amount under PEMHCA.
B. Effective the pay period which includes July 1, 2018, the flexible Benefits contribution per month per
eligible employee will be $1,425 per month per eligible employee.
C. Effective the pay period which includes July 1, 2019, the flexible Benefits contribution per month per
eligible employee will be $1,475 per month per eligible employee.
D. Effective the pay period which includes July 1, 2020, the flexible Benefits contribution per month per
eligible employee will be $1,525 per month per eligible employee.
E. Employees who do not take medical insurance through the program offered by the City shall receive
$450 per month as the Flexible Benefits Opt -Out contribution. As a condition of receiving such
amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. For medical
coverage, if an employee elects to opt out of coverage offered by the City, he/she must provide proof of
"minimum essential coverage" (as defined by the Affordable Care Act) through another source (other
than coverage in the individual market, whether or not obtained through Covered California).
F. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid
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TPMA MOU 2018-21
out of their Flexible Benefits contribution. Employees may allocate the remaining amount among
the following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending Account for medical or dependent care reimbursement
6. Eligible catastrophic care programs
7. 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.
G. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this MOU unless changed by mutual agreement of the City and Association. The City retains the
right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee -funded.
Article 19. Retirement
A. 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.
B. Employees first hired by the City as Local Safety Members prior to January 1, 2012 shall be provided
the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2.
1. These employees are responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of twelve percent (12%). If, at any time in the future, the
Association informs the City that it no longer agrees to this cost sharing agreement, effective on
the date of the elimination of the cost sharing (which would need to coincide with the expiration
date of the MOU) these employees' base salary would be reduced by an amount equal to the
value of this three percent (3%) cost sharing.
3. The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor Benefits),
Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as
Public Service). The employee is responsible for paying the employee portion of the 1959
Survivor benefit premium.
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TPMA MOU 2018-21
C. Employees first hired by the City as Local Safety Members on or after January 1, 2012, excluding any
individuals defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of
2013, shall be provided the CalPERS 2% @ 50 retirement formula.
1. These employees are responsible for paying the employee contribution of 9% through a pretax
payroll deduction. The City has adopted the CalPERS resolution in accordance with IRS Code
section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
2. These employees are responsible for paying an additional pension contribution of three percent
(3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee
pension contribution of twelve percent (12%). If, at any time in the future, the Association
informs the City that it no longer agrees to this cost sharing agreement, effective on the date of
the elimination of the cost sharing (which would need to coincide with the expiration date of the
MOU) these employees' base salary would be reduced by an amount equal to the value of this
three percent (3%) cost sharing.
3. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 20037.
D. Employees first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2.7% @ 57 plan for Local Safety members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2018, the employee contribution is 12.00%. This amount will be
determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement or as designated
by the employee in accordance with Government Code Section 7522.32(a).
Article 20. Deferred Compensation
For each unit employee, the City shall contribute 2% of the employee's base salary to a Section 401(a)
deferred compensation plan. It is the responsibility of each employee to complete the necessary
paperwork and take required steps to enroll in the plan. Should an employee fail to enroll, the City is
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TPMA MOU 2018-21
under no obligation to make retroactive contributions on behalf of said employee. Employees hired into
this unit shall be provided with notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation. Employees are permitted to
contribute to their deferred compensation account up to the maximum permitted by law based on their
age.
Article 21. Employee Life Insurance
A. The City will provide life insurance for each employee and pay the required premiums. The death
benefit of said insurance shall be equal to one hundred and seventy five thousand dollars
($175,000). The City will also provide $1,000 per dependent of dependent life insurance.
B. 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 22. Long -Term Disability (LTD) Plan
A. The parties agree that the TPOA-provided Long -Term Disability (LTD) Insurance Plan specifically for
sworn police personnel shall continue in full force and effect during the term of this MOU unless
changed by the mutual agreement of the City and the Association.
B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund.
C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during
the initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave during the 30 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 for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave (General Leave or Compensatory Time Off) to enable him/her to receive an amount
equivalent to no more than 100% of his/her pre -disability earnings.
D. Provided an employee is eligible for FMLA/CFRA leave, 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.
E. Eligibility for City benefits provided in Parts C and D of this Article is conditioned upon the City's
receipt of proof of disability.
TPMA MOU 2018-21
Article 23. 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 employees shall be eligible for tuition
reimbursement and will be eligible for reimbursement of eligible expenses by the City for professional
and technical courses subject to the following conditions:
1. Reimbursement shall be made for tuition fees, textbooks, lab fees, and/or required supplies,
upon completion of the course with a satisfactory grade (a grade of "C" or better) and after the
completion of the initial probationary period. Requests to enroll in courses may be granted
prior to the completion of probation. However payment will not be made until the employee
has completed the probationary period and attained regular status.
2. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same course.
3. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for
attending graduate school, a four-year college or university, or a job-related program through
University of California or California State University extended education programs and $2,000
per year for attendance at a California Community College. This reimbursement benefit maybe
used for other job-related educational programs administered by other professional
organizations with the express approval of the City Manager. If an employee separates from
City service within one calendar year of receiving this Tuition Reimbursement benefit, the
employee is responsible for refunding the City the full amount of the benefit that was paid.
Funds will be deducted from the employee's final paycheck to cover the re -payment of the
tuition reimbursement.
4. The City has 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.
5. Approval from the Police Chief, Director of Human Resources, and City Manager (when
required) should be obtained prior to enrollment in the course or program to ensure the City
will approve the reimbursement request.
Article 24. Cell Phone and Smartphone Stipend
A. Police Sergeants are eligible for cell phone stipend of $12 per pay period ($26 per month) and
Police Lieutenants are eligible for a smart phone stipend of $21 per pay period ($45 per month)
which is taxable income.
B. The stipend is designed to contribute to an employee's cell/smart phone plan. It is not designed
to fully pay for the plan. Any additional charges an employee incurs are his/her own
responsibility and those additional charges are not eligible for reimbursement.
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Article 25. Car Allowance
Police Lieutenants will receive a car allowance of $150 per month ($69.23 per pay period).
Article 26. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $350 per month for the
payment of CaIPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($133 per
month for calendar year 2018, and a yet to be determined amount for subsequent calendar years).
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for five (5) full years, retires from the City and
CaIPERS, and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CaIPERS may satisfy the five (5) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CaIPERS, and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CaIPERS may satisfy the ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's Cal PERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a CaIPERS medical insurance plan; once coverage is dropped,
reimbursement will cease and will not be reinstated.
Article 27. Retiree Health Savings Plan
Effective January 1, 2019 employees in the unit will have the option to make a payroll deduction and
contribute to a retiree health savings plan which will be set up by the City. Contributions are voluntary
by employees and the City will not make a contribution to the plan.
CHAPTER 4 — LEAVES OF ABSENCE
Article 28. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
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Periods of Service General Leave
Hours Per Year
TPMA MOU 2018-21
Maximum Accrual
0-5 years
160 hours
320 hours
6-10 years
208 hours
416 hours
Over 10 years
248 hours
496 hours
B. The Chief of Police may annually grant an additional eight (8) hours of General Leave to each
employee whose performance is satisfactory. This may occur one time per calendar year.
C. General Leave Cash Out:
Employees in the unit are permitted to cash out General Leave as follows:
1. Until December 7, 2018:
Each employee may request that he/she be paid for a maximum of eighty (80) hours of accrued
General Leave.
In addition, each employee may request that he/she be paid for accrued General Leave based
on years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
Requests for cash out must be received no later than two weeks prior to the paycheck date
when the cash out is requested.
2. After December 7, 2018 and for Each Year Thereafter:
Starting in 2018 (for payment in 2019), on or before the pay period which includes December 15
of each calendar year, an employee may make an irrevocable election to cash out up the
following amount of General Leave which will be earned in the following calendar year at the
employee's base rate of pay:
a. Up to eighty (80) hours of accrued General Leave; and
b. Up to an additional amount of accrued General Leave based on years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
The employee can request that the cash out (of both 2 a and b above) be processed on any
paycheck beginning July 1 of the following calendar year through the end of that calendar year,
as long as the employee has accrued the number of hours they elected to cash out during the
calendar year of the cash out. However, if the employee's General Leave balance is less than
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TPMA MOU 2018-21
the amount the employee elected to cash out (in the prior calendar year) the employee will
receive cash for the amount of leave the employee has accrued at the time of the cash out. The
employee may request to be paid all at once or choose to be paid on two different paychecks.
D. Each employee is responsible for managing his/her General Leave bank. Employees wishing to stay
below the General Leave cap are encouraged to regularly monitor their leave accrual balances that
are provided on each biweekly paycheck, provide the department with as much advance notice as
possible when requesting to use General Leave for time off, be flexible when requesting to take time
off during periods of heavy usage or staffing shortages, and take advantage of the General Leave
cash out program.
The department will not unreasonably deny an employee's request to use General Leave.
Supervisors will be fair and reasonable in reviewing employee requests to use General Leave and
will balance the wishes of the employee with the operational and safety needs of the department
and the efficient use of the City's resources.
If an employee requests to take time off using General Leave and has not fully used the General
Leave cash out program, the fact that an employee is at his/her General Leave accrual cap shall not
be cause for the department to automatically grant the employee's request to use General Leave.
E. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Upon separation from City service the employee will be paid for unused General Leave,
not to exceed the maximum of two (2) years entitlement, at the employee's then current base salary
rate. Should an employee request to use General Leave in accordance with department procedures
and be denied the use of leave which will result in the employee reaching his/her maximum accrual
cap, the Director of Human Resources will be notified to facilitate an agreeable remedy for both
parties.
F. The use of General Leave must be approved by the department head and due regard shall be given
to the employee's preference in scheduling such paid leave time.
G. Advanced General Leave is available under the following provisions:
1. A unit member requests a leave of absence for a "serious health condition" as that term is
defined under the FMLA/CFRA for him or herself, a child, parent, spouse or registered domestic
partner; and
2. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave
accrued; and
3. The employee exhausts his/her General Leave accrual; then
4. Upon request of the employee, the City will grant an advance of one -hundred twenty (120)
hours of General Leave for use in conjunction with the serious health condition (as defined
above).
The Advanced General Leave must be repaid to the City once an employee returns to work. Advanced
General Leave will be repaid by transferring newly accrued General Leave back to the City until full
repayment of the leave has been returned. However, should an employee request and receive
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TPMA MOU 2018-21
Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic
leave donation bank to the City prior to providing the employee use of the donated hours.
Article 29. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, a Police Sergeant may elect to be credited with
Compensatory Time Off at the rate of time and a half, subject to a maximum accrual of one hundred
(100) hours.
B. Employees will be paid for all Compensatory Time Off in January 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.
C. The time during which an employee may take Compensatory Time Off shall be subject to approval
by the Chief of Police or designee with due regard for the wishes of the employee and for needs of
the service. However, an employee wishing to use his/her accrued Compensatory Time Off shall
provide the City with reasonable notice of such request. Reasonable notice is defined as two
calendar weeks. If reasonable notice is provided, the employee's request will not be denied unless
it would be unduly disruptive to the department to grant the request. A request to use
Compensatory Time Off without reasonable notice may still be granted within the discretion of the
supervisor or manager responsible for considering the request.
D. When an employee separates from City service, or remains employed by the City, but promotes to
Police Lieutenant or moves to a position no longer represented by TPMA, an employee shall be
compensated for all accrued Compensatory Time Off at his/her regular rate of pay.
Article 30. Administrative Leave
A. As exempt employees under the Fair Labor Standards Act (FLSA), Police Lieutenants are
compensated for meeting the requirements and performing the duties of their job regardless of the
number or scheduling of hours worked. In lieu of overtime compensation, the City shall provide
Police Lieutenants with an annual credit of forty (40) hours of paid Administrative Leave each
January.
B. During the first calendar year of employment, Police Lieutenants shall be granted a prorated share
of Administrative Leave at time of appointment, with the amount dependent upon the employee's
hire date as follows:
Hire Date Administrative Leave
1st Quarter (January — March) 40 hours
2nd Quarter (April —June) 30 hours
3rd Quarter (July—September) 20 hours
4th Quarter (October — December) 10 hours
C. Each January, subject to guidelines established by the City Manager, the Chief of Police may grant
each Police Lieutenant up to an additional forty (40) hours of Administrative Leave, based on the
individual's prior year's job performance and his/her commitment of time dedicated to City business
[16]
TPMA MOU 2018-21
in excess of his/her regular work schedule. An employee whose performance is in need of
improvement, pursuant to a performance evaluation or performance improvement plan, is not
eligible to receive additional Administrative Leave. After the conclusion of the first calendar year of
employment, Police Lieutenants shall eligible for a prorated share of additional Administrative
Leave, in accordance with the same guidelines as those governing the initial granting of
Administrative Leave at time of appointment, as specified in this Article (e.g. an employee hired in
the 3rd Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in January
of Year 2).
D. The accrual of Administrative Leave is limited to a maximum of eighty (80) hours at any time.
Granting a request to use Administrative Leave is within the discretion of the Chief of Police.
Article 31. Holidays
A. The following Holidays are observed by the City:
January 1
Third Monday In January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
B. Except as otherwise provided, when a Holiday occurs on a Sunday, the following Monday will be
observed instead and when a Holiday occurs on a Saturday, the preceding Friday will be observed
instead.
C. 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 Chief of Police, 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 Off or General Leave to ensure that hours paid will
be the same as would regularly be paid for the day.
D. Except as provided for below in subparagraph D1, in December of each year, each regular and
promotional probationary employee will be granted 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 Advance 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, fifty-four (54) hours in
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TPMA MOU 2018-21
January (January — September holidays) and fifty-four (54) hours in October (October — December
holidays).
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 unpaid status immediately before or after the holiday, 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 previously
paid on the payroll immediately following the Holiday (or as soon as the overpayment is discovered).
1. Exception: If at the time Advance Holiday Pay is being processed, the employee is on an unpaid
medical leave of absence without a documented return to work date (within the next 30 days),
the employee will not receive Advance Holiday Pay and will instead be paid for each Holiday as it
occurs if the employee is in a paid status at the time the Holiday occurs.
E. Newly hired probationary employees are not eligible for Advance Holiday Pay and will be paid for
each Holiday as it occurs.
F. The parties agree that Holiday Pay is additional compensation for employees who are normally
required to work on an approved holiday because they work in positions that require scheduled
staffing without regard to holidays and shall, to the extent legally permissible, be reported as special
compensation pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4).
Article 32. Bereavement Leave
The City will allow up to fifty (50) hours of paid leave for the purpose of Bereavement Leave in the event
of a death in the immediate family. For purposes of this section, "immediate family" shall be defined as
including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, step
brother, sister, step sister, child, stepchild, grandparent, step grandparent, grandchild and step
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.
CHAPTER 5 — WORKING CONDITIONS
Article 33. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the rules regarding
hours of work, holidays, and leaves.
B. 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
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TPMA MOU 2018-21
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.
C. Absence from work without approved leave and without reasonable cause for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. 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 34. Work Schedules
A. Police Lieutenants and Police Sergeants work schedules under Section 207(k) of the Fair Labor
Standards Act (FLSA).
B. Department work schedules include:
1. 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.
2. 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 period, the
employee must work one additional 10 -hour shift.
C. Individual changes to the work schedule described above will be upon mutual agreement between
the department and the employee.
D. 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 shifts by seniority twice a year from either the North or South
area. Generally, Patrol Sergeants will be limited to 24 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 24 consecutive month rotation.
3. 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.
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TPMA MOU 2018-21
4. If a Sergeant assigned to a special assignment returns to patrol in conjunction with shift
selection, he/she will be allowed to sign up by seniority. If a Sergeant assigned to a Special
Assignment returns to patrol, at a time other than at shift selection, he/she will be assigned
to a patrol area and shift based on the staffing needs of the department. The Chief of Police
will maintain ultimate control of scheduling per the needs of the agency.
5. If at the time of shift signups an employee is off work on a medical leave of absence without
a documented return -to -work date from his/her primary treating physician, he/she will not
be permitted to select a shift for the upcoming deployment period. However, if an
employee is off work on a medical leave of absence and has presented the City with a
documented full duty return -to -work date that is no more than 60 days beyond the start of
the upcoming deployment period, he/she will be permitted to select a shift at the time of
shift signups.
E. Employees assigned to special task forces or regional teams will work the hours the team works.
F. Employees may have their work schedules changed to accommodate training assignments which are
eight (8) or more hours in duration.
Article 35. Shift Trading
Police Sergeants have the right to trade shifts with their colleagues subject to the following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade.
However, denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift
was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and
will not be monitored by the City. Traded shifts should fall in the same two week pay period.
They must fall within the same 28 day work period. If an employee leaves the City having not
paid back a shift, it shall be the responsibility of the two employees to work out any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does
not work the shift, the employee who agreed to work the shift shall have his/her General Leave
deducted. For example, if Police Sergeant A agrees to work the shift for Police Sergeant B and
prior to the shift, Police Sergeant A calls in sick and does not work the shift, Police Sergeant A's
General Leave is deducted and Police Sergeant B gets credit for the shift.
Article 36. Rest Periods and Lunch Breaks
A. 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.
[20]
TPMA MOU 2018-21
B. Employees receive a paid lunch break because they are required to be working or available to
respond immediately to calls for service during their lunch time.
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 37. Employee Rights
As the recognized representative of the employees covered by this MOU the City acknowledges and
recognizes the following employee rights:
1. TPMA 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. TPMA shall be afforded the use of department bulletin boards for the posting of notices,
updates, meeting minutes and other material related to TPMA business.
3. TPMA shall be afforded the reasonable use of department copy machines and fax machines 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 TPMA the use of City facilities
including meeting rooms for TPMA membership, Board of Directors and committee meetings.
5. TPMA 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 TPMA in processing
grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time
to meet with TPMA representatives for discussion and consultation on grievances and
disciplinary appeals. If a grievance is filed (by either an employee or the Association) as
authorized by the City of Tustin Personnel Rules in Section 11, the employee or the Association
shall file the grievance within thirty (30) days from the date of the act or omission which gave
rise to the grievance. The grievance procedure is the exclusive method for alleging a violation of
a provision of this MCU. The employee may assert that the alleged violation has been occurring
for more than thirty (30) days.
7. TPMA 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 TPMA
free from interference, intimidation, coercion, or discrimination.
9. TPMA shall have the right to distribute a reasonable amount of association information and
newsletters at the job site.
[21]
TPMA MOU 2018-21
10. TPMA representatives shall have the right to reasonable use of department telephones and e-
mail for the discussion of TPMA business.
11. TPMA representatives and consultants shall have the right of reasonable access to the
workplace.
12. TPMA representatives may be granted General Leave or other leave for labor relations training.
13. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 38. 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 39. No Strike / Job Action
A. 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.
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. 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 40. Management Rights
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 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:
1. The right to temporarily suspend the provisions of this MOU 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 this MOU, 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.
[22]
TPMA MOU 2018-21
2. The right to determine staffing and direct the work force, including the right to hire, promote,
demote, evaluate, transfer, lay off, or discharge for just cause any employee.
3. The right to contractor sub -contract services and/or work.
4. The right to take such further action as maybe necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
5. The right to modify the performance evaluation form.
6. The right to modify and update class specifications.
Article 41. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
IN WITNESS WHEREOF, the parties hereto have executed this document this 11th day of August 2018.
FOR THE CITY OF TUSTIN
Jeffrey C. Parker, City Manager
Derick Yasuda, Director of Human Resources
Matthew West, Assistant City Manager
Karyn Roznos, Senior Management Analyst
Peter J. Brown, Liebert Cassidy Whitmore
[23]
FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE MANAGEMENT
REPRESENTATION UNIT
Robert Nelson, President
Michael Van Cleve, Sergeant Representative
Manuel Arzate, Lieutenant Representative
Robert M. Todd, Stone Busailah, LLP
TPMA MOU 2018-21
APPENDIX A - HOURLY SALARY RANGES
Effective the pay period that includes July 1, 2018
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Police Lieutenant
58.84
61.86
65.02
68.35
71.85
75.44
Police Sergeant
49.28
51.81
54.46
57.25
60.18
63.19
Effective the pay period that includes July 1, 2019
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Police Lieutenant
60.61
63.71
66.97
70.40
74.01
77.71
Police Sergeant
50.76
53.36
56.09
58.97
61.98
65.08
Effective the pay period that includes July 1, 2020
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Police Lieutenant
63.03
66.26
69.65
73.22
76.97
80.82
Police Sergeant
52.79
55.50
58.34
61.32
64.46
67.69
[24]
RESOLUTION NO. 18-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION, CONCERNING WAGES, HOURS, AND
TERMS AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 15-50, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 15-50 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Support Services Association
(TPSSA) have met and conferred in good faith in accordance with the requirements of
the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPSSA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2018 through June 30, 2021, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TPSSA, effective July
1, 2018, is hereby approved and incorporated herein by reference as though fully
set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2018, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
Resolution 18-55
Page 1 of 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 11 th day of August 2018.
ELWYN A. MURRAY
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 18-55 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 11th day of
August 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-55
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
k i MR IVAF
July 1, 2018—June 30, 2021
TPSSA MOU 2018-21
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS........................................................................................................ 3
Article1. Recognition...........................................................................................................................3
Article 2. Represented Classes............................................................................................................. 3
Article3. Entire Agreement.................................................................................................................4
Article4. Reopener..............................................................................................................................4
Article5. Severability...........................................................................................................................4
Article 6. Binding on Successors...........................................................................................................4
Article7. Notices................................................................................................................................. 5
Article8. Payroll Deductions................................................................................................................5
CHAPTER 2 — COMPENSATION................................................................................................................. 5
Article9. Salary....................................................................................................................................5
Article 10. Overtime Compensation.....................................................................................................6
Article11. Uniforms.............................................................................................................................6
Article 12. Bilingual Compensation......................................................................................................7
Article13. Standby Duty...................................................................................................................... 7
Article14. Call Back Duty.....................................................................................................................8
Article 15. Special Assignments............................................................................................................8
Article 16. Shift Differential Pay...........................................................................................................9
Article17. Acting Pay...........................................................................................................................9
Article18. Training Pay........................................................................................................................9
CHAPTER 3 — BENEFITS..........................................................................................................................
10
Article 19. Flexible Benefits Plan........................................................................................................10
Article20. Retirement.......................................................................................................................
11
Article 21. Employee Life Insurance...................................................................................................
12
Article 22. Short -Term / Long -Term Disability Insurance....................................................................
13
Article 23. Tuition Reimbursement....................................................................................................
14
Article 24. Cell Phone Stipend............................................................................................................
15
Article 25. Retiree Medical Insurance.................................................................................................
15
Article 26. Retiree Health Savings Plan...............................................................................................
15
CHAPTER 4 — LEAVES OF ABSENCE.........................................................................................................
15
Article27. General Leave...................................................................................................................
15
TPSSA MOU 2018-21
Article 28. Compensatory Time Off.................................................................................................... 17
Article29. Holidays............................................................................................................................ 17
Article 30. Bereavement Leave
19
Article31. Jury Duty Leave................................................................................................................. 19
CHAPTER 5 — WORKING CONDITIONS.................................................................................................... 19
Article32. Work Schedules................................................................................................................ 19
Article 33. Shift Trading
Article 34. Attendance.
Article 35. Rest Periods
20
21
21
Article 36. Paid Lunch Break............................................................................................................... 21
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS................................................................................. 22
Article37. Employee Rights............................................................................................................... 22
Article 38. Appeals and Hearings........................................................................................................ 22
Article 39. Grievance Procedure......................................................................................................... 26
Article 40. Performance Evaluations
Article 41. Membership Meetings...
Article 42. No Strike / Job Action.....
28
28
28
Article 43. Management Rights.......................................................................................................... 29
Article44. Layoffs.............................................................................................................................. 29
APPENDIX A — HOURLY SALARY RANGES................................................................................................ 31
APPENDIX B — POLICE SERVICES OFFICER CAREER OFFICER PROGRAM ................................................... 33
TPSSA MOU 2018-21
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules 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 (TPSSA), 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
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
TPSSA is the exclusive representative of City employees in the representation unit, titled Police Civilian,
comprised of all full-time civilian, non -administrative, and non -management employees of the Police
Department of the City of Tustin for the purpose of representation on issues of wages, hours, and other
terms and conditions of employment and as such exclusive 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 2. Represented Classes
A. The classifications that comprise the Police Civilian Representation Unit are as follows:
Crime Analyst
Police Communications Lead (3/12.5)
Police Communications Officer 1/11 (3/12.5)
Police Fleet Coordinator
Police Records Lead (4/10)
Police Records Lead (3/12.5)
Police Records Specialist (4/10)
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TPSSA MOU 2018-21
Police Records Specialist (3/12.5)
Police Services Officer 1/11/III (4/10)
Police Services Officer 1/11/111 (3/12.5)
Property and Evidence Specialist
Article 3. Entire Agreement
This MOU 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.
Article 4. Reopener
A. Prior to January 1, 2020 either side may request to meet and confer for the purpose of effecting
changes to this MOU to go into effect on July 1, 2020 or later.
B. The parties recognize that certain state and federal laws, programs, and regulations, including the
Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter
healthcare coverage options, cost, or other elements of healthcare services that materially alter the
provisions of this MOU, either party may request to re -open the article of the MOU regarding
medical insurance for the purpose of discussing alternative approaches and proposals to providing
healthcare coverage and the City will not unilaterally implement any changes with regard to this
article. In addition, should state or federal laws concerning taxation of healthcare benefits change,
the parties agree to meet and discuss the impact of such change.
C. Prior to formally notifying the Association of a decision to lay off a position, the City will notify the
Association two work days (48 hours) in advance of the decision, in an effort to provide an
opportunity for the Association to provide feedback, suggestions and/or to ask questions regarding
the impending decision.
Article S. Severability
If any part of this MOU 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
MOU shall not render invalid the remaining parts hereof.
Article 6. Binding on Successors
This MOU 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.
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Article 7. 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 92780.
Article 8. Payroll Deductions
Deductions of authorized amounts may be made from employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
3. Contribution to survivors' benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. All authorized deductions to TPSSA.
12. Payment for non -return of uniforms and/or equipment issued.
13. Other purposes as may be authorized by the City.
14. Deferred compensation.
CHAPTER 2 — COMPENSATION
Article 9. Salary
A. Unit employees are placed on a salary schedule consisting of six steps in each range with an
approximate increment of 5% between steps.
B. Salary ranges for represented classifications are listed in Appendix A.
C. Effective the pay period which includes July 1, 2018, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
D. Effective the pay period which includes July 1, 2019, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
E. Effective the pay period which includes July 1, 2020, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
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F. The Police Services Officer Career Ladder Program is discussed in Appendix B.
G. Police Communications Officer 1/11 is a flexibly staffed classification series. Positions at the Police
Communications Officer 11 level are normally filled by advancement from the lower level
classification of Police Communications Officer 1. Appointment at the higher level requires
confirmation that the employee meets the minimum qualifications of the classification,
organizational need, and adequate funding.
Upon recommendation of the Police Chief, and confirmation of the employee's qualifications,
promotions to Police Communications Officer II will occur in conjunction with the employee's annual
performance evaluation. Promotion will be made to the salary step that provides the employee with
a base salary increase of at least 4.5%. An employee who is promoted to Police Communications
Officer II is required to serve a 12 month promotional probationary period.
Article 10. Overtime Compensation
A. Overtime is subject to pre -approval by the employee's supervisor. All full-time represented
employees shall receive overtime compensation of time and one-half (1 %) for all overtime hours
worked in excess of:
1. Regularly scheduled hours per shift; or
2. Forty (40) hours worked in the designated seven (7) day Fair Labor Standards Act (FLSA)
work week for each employee.
B. General Leave, Compensatory Time Off and Holiday hours shall be included within the above hours
for eligibility, provided however, that Standby time shall not count as hours worked in determining
entitlement to overtime compensation.
C. Overtime paid by this MOU in excess of the requirements of the FLSA (when an employee actually
works in excess of 40 hours in their defined FLSA workweek) is paid at 1.5 times the employee's
base hourly rate of pay.
D. Overtime paid per the requirements of the FLSA includes base pay plus any additional forms of pay
which are provided to employees and required to be included in the FLSA regular rate (i.e., overtime
rate).
Article 11. Uniforms
The City will provide a uniform maintenance allowance of two -hundred and fifty dollars ($250) annually
($9.61 paid biweekly) for those full-time employees required by the City to wear uniforms.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), for "classic members" as defined by the Public Employees' Pension
Reform Act of 2013, the compensation paid for the purchase, rental and/or maintenance of required
uniforms shall be reported to CalPERS as Special Compensation. The parties agree that this pay is
described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special
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TPSSA MOU 2018-21
compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable
special compensation.
Article 12. Bilingual Compensation
The City shall pay one hundred dollars ($100) per pay period to full-time employees in City -designated
positions who demonstrate 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.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as
Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation. However, it is
ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 13. Standby Duty
A. Employees may be required to be on Standby Duty to respond to emergencies. The department will
determine Standby assignments. If on standby, employees must provide contact information where
they can be reached, either a home phone or cell phone. If called, the employee must respond
within twenty (20) minutes and then must be able to return to the City (if necessary) to address the
issue within forty-five (45) minutes, unless commuting time prohibits returning within forty-five (45)
minutes. In the case where commuting time is an issue, the department will work with the
employee for a reasonable response. Employees must be able to return to work while on Standby
Duty. This means that they may not consume alcoholic beverages and must have the ability to
travel back to the City.
B. Employees assigned to Standby Duty shall be compensated at the rate of one (1) hour of straight -
time compensation for each twelve (12) hours of such duty.
C. 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 (8:00 a.m. — 12:00 p.m.) appearances and two (2) hours
of straight time for afternoon (12:00 p.m. — 5:00 p.m.) appearances.
D. 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 City (e.g., phone call, voicemail, or email) 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 Duty 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.
E. Employees cannot receive Standby Pay for anytime period for which they are being paid to work.
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Article 14. Call Back Duty
Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for
any call (fifteen (15) or more minutes beyond the end of their shift) which requires them to return to
duty. Call Back Pay begins when an employee returns to work and does not include travel time. Call Back
Pay does not apply to regular or pre -scheduled work.
An employee called back to work prior to his/her shift shall receive overtime for the additional time
worked by being called in. At the start time of his/her regular shift, and while working his/her regular
hours, the employee shall only receive regular pay. If the employee receives approval from his/her
supervisor to substitute regular pay and be absent from his/her regular shift with accrued leave, that is
acceptable.
Article 15. Special Assignments
A. The Police Chief has sole discretion to determine who shall receive a special assignment. Employees
assigned to the following special assignments (or successor titles) listed below shall receive, in
addition to their regular compensation, premium pay in the amounts specified below for
performing in such special assignments; provided, however, that at no time may an employee
receive more than one (1) special assignment pay premium.
1. One hundred dollars ($100) per month:
a. Gang Reduction and Directed Enforcement (GRADE) Unit
b. General Investigations Unit/ Special Investigations Unit
c. Professional Standards Division
d. Traffic Unit
2. Fifty dollars ($50) per pay period:
a. Police Services Officer Administrative Specialist
b. Property and Evidence Senior Specialist
The parties agree that the special assignment of Traffic Unit is special compensation and shall be
reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3).
B. The City has the absolute discretion regarding the assignment and reassignment of employees to
special assignments. Any such assignment is not vested and may be revoked at any time and
without any appeal rights. When an employee reaches the expiration date of a special assignment
term, as specified in the Police Department's General Orders, the employee does not have the right
to appeal the Police Chief's decision to not renew or extend the employee's term in that special
assignment.
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TPSSA MOU 2018-21
Article 16. Shift Differential Pay
Any full-time unit employee assigned on a regular basis (ten (10) 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
seventy-five dollars ($75) 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.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CalPERS
as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4)
and 571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation. However, it
is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 17. Acting Pay
A full-time employee assigned to temporarily work in a higher classification will receive Acting Pay of 5%
of base pay. This rate will be paid after the employee has been in the assignment for thirty (30)
consecutive calendar days. An employee's base salary combined with Acting Pay can never exceed the
salary range of the acting classification.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CalPERS as
Special Compensation for classic members as defined under the Public Employees' Pension Reform Act
(PEPRA) of 2013. The parties agree that acting pay ("Temporary Upgrade Pay") is described in Title 2
CCR, Section 571(a)(3) as a "premium pay" — a type of reportable special compensation. This pay is not
reportable as special compensation for employees defined as "new members" under PEPRA. However,
it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 18. Training Pay
A. An employee assigned to train another employee in his/her respective work unit shall receive, in
addition to his/her regular compensation, a five percent (5%) premium while training. The beginning
and ending dates for this pay will be designated by the completion of a Personnel Action form (PAF).
B. 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.
C. It is the responsibility of an employee in a lead classification to provide leadership and training
without additional compensation.
D. In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of training pay shall be reported to CalPERS
as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4)
and 571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation.
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TPSSA MOU 2018-21
However, it is ultimately CalPERS who determines whether any form of pay is reportable special
compensation.
CHAPTER 3 — BENEFITS
Article 19. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA), $133 for
calendar year 2018, and a yet to be determined amount for subsequent calendar years, as well as an
additional amount which is provided under a Section 125 Flexible Benefits program. The amounts
below include the minimum amount under PEMHCA.
B. Effective the pay period that includes July 1, 2018, the Flexible Benefits contribution per month per
eligible employee is as follows:
Employee Only Employee + 1
Employee + 2
Dependent or More Dependents
$950 $1,200 $1,400
C. Effective the pay period that includes July 1, 2019, the Flexible Benefits contribution per month
per eligible employee will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,050 $1,300 $1,500
D. Effective the pay period that includes July 1, 2020, the Flexible Benefits contribution per month
per eligible employee will be increased to the following amounts:
Employee Only Employee + 1
Employee + 2
Dependent or More Dependents
$1,150 $1,400 $1,600
D. Full-time employees who do not take medical insurance through the program offered by the City
shall receive $450 per month as the Flexible Benefits Opt -Out contribution. As a condition of
receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she
has medical insurance coverage comparable to coverage available through the City program. For
medical coverage, if an employee elects to opt out of coverage offered by the City, he/she must provide
proof of "minimum essential coverage" (as defined by the Affordable Care Act) through another source
(other than coverage in the individual market, whether or not obtained through Covered California).
E. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
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TPSSA MOU 2018-21
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid
out of their Flexible Benefits contribution. Employees may allocate the remaining amount among
the following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending Account for medical or dependent care reimbursement
6. Eligible catastrophic care programs
7. 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.
F. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this MOU unless changed by mutual agreement of the City and Association. The City retains the
right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee -funded.
Article 20. Retirement
A. Employees covered under this MOU 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.
B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the
CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous
members. The plan includes both an employer and employee contribution.
1. These employees are responsible for paying the employee contribution of seven percent (7%) of
the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS
resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee
contribution is made on a pre-tax. The plan has been amended to include Section 21573 (Third
Level of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for paying the
employee portion of the 1959 Survivor benefit premium.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of ten percent (10%). If, at any time in the future, the
Association informs the City that it no longer agrees to this cost sharing agreement, effective on
the date of the elimination of the cost sharing (which would need to coincide with the expiration
date of the MOU) these employees' base salary would be reduced by three percent (3%).
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C. Miscellaneous members employed by the City on or after January 1, 2012 who are "classic
members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be
enrolled in the CalPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an
employer and employee contribution.
1. These employees are responsible for paying the employee contribution of seven percent (7%) of
the employee's wages through a payroll deduction. The City has adopted the CalPERS resolution
in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis. This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code Section 20037. The plan provides for 3 d level of 1959
Survivor benefits with the employee paying the employee portion of the premium.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of ten percent (10%). If, at any time in the future, the
Association informs the City that it no longer agrees to this cost sharing agreement, effective on
the date of the elimination of the cost sharing (which would need to coincide with the expiration
date of the MOU) these employees' base salary would be reduced by three percent (3%).
D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2% @ 62 plan for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2018, the employee contribution is 5.75%. This amount will be
determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or as designated by the employee in accordance with
Government Code Section 7522.32(a). The plan provides for 3 d level of 1959 Survivor benefits
with the employee paying the employee portion of the premium.
Article 21. Employee Life Insurance
The City will provide a life insurance policy for each unit member. The City will pay required premiums
for the policy with a death benefit that shall be equal to one hundred thousand dollars ($100,000). The
City will also provide $1,000 per dependent of dependent life insurance.
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Article 22. Short -Term / Long -Term Disability Insurance
A. The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non-
industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of
the STD/LTD insurance carrier.
B. An employee who is receiving STD benefits under the City's program will be granted a leave of
absence for the duration of his/her non -industrial disability subject to a maximum period of six (6)
months. Such leave of absence may be extended for an additional six (6) months under LTD, upon
approval of the City Manager.
C. All unit employees are required to participate in the program. Premiums are deducted from the
employee's pay on an after-tax basis.
D. In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave (General Leave or Compensatory Time
Off) during the 30 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 for 80 consecutive hours.
E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her
pre -disability earnings.
F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently
with FMLA/CFRA leave.
G. For a new employee who has worked for the City for less than 12 consecutive months, and is
therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the
same Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a
period not to exceed 90 days. Should an employee receive 90 days of City -paid Flexible Benefits
within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is
subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall
reimburse the City for its previous contribution.
H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever
occurs first), no paid leave shall accrue to the employee.
I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of
60% of pre -disability base salary. The employee may supplement the STD/LTD carrier's payment
with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100%
of his/her pre -disability earnings.
J. 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. In the event the employee
chooses to continue his/her benefit elections, the employee is required to make timely payment to
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the City for such elections (including the cost of the STD/LTD program). In the event timely payment
is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an
amount equivalent to the premiums owed by the employee. In the event no paid leave is available,
the City is authorized to cancel the employee's coverage.
K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any
rolling 12 -month period.
Article 23. 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 employees shall be eligible for tuition
reimbursement and will be eligible for reimbursement of eligible expenses by the City for professional
and technical courses subject to the following conditions:
1. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade (a "C" or above or "Pass") and after the
completion of the initial probationary period. Requests to enroll in courses may be granted
prior to the completion of probation. However payment will not be made until the employee
has completed the probationary period and attained regular status
2. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same courses.
3. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for
attending graduate school, a four-year college or university, or a job-related program through
University of California or California State University extended education programs and $2,000
per year for attendance at a California Community College. This reimbursement benefit maybe
used for other job-related educational programs administered by other professional
organizations with the express approval of the City Manager. If an employee separates from
City service within one calendar year of receiving this Tuition Reimbursement benefit, the
employee is responsible for refunding the City the full amount of the benefit that was paid.
Funds will be deducted from the employee's final paycheck to cover the re -payment of the
tuition reimbursement.
4. The City has 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.
5. Approval from the department head, Director of Human Resources, and City Manager (when
required) should be obtained prior to enrollment in the course or program to ensure the City
will approve the reimbursement request.
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Article 24. Cell Phone Stipend
A. Employees with a clearly identified business need as determined by their department head are
eligible for cell phone stipend of $12 per pay period ($26 per month), which is taxable income.
B. The stipend is designed to contribute to an employee's cell phone plan. It is not designed to fully pay
for the plan. Any additional charges an employee incurs are his/her own responsibility and those
additional charges are not eligible for reimbursement.
Article 25. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $250 per month for the
payment of CaIPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($133 for
calendar year 2018, and a yet to be determined amount for subsequent calendar years).
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for five (5) full years, retires from the City and
CaIPERS, and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible
employees who suffer a disability, are unable to return to work, and take a disability retirement
from CaIPERS may satisfy the five (5) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CaIPERS, and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible
employees who suffer a disability, are unable to return to work, and take a disability retirement
from CaIPERS may satisfy the ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's Cal PERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a CaIPERS medical insurance plan; once coverage is dropped,
reimbursement will cease and will not be reinstated.
Article 26. Retiree Health Savings Plan
Effective January 1, 2019, employees in the unit will have the option to make a payroll deduction and
contribute to a retiree health savings plan which will be set up by the City. Contributions are voluntary
by employees and the City will not make a contribution to the plan.
CHAPTER 4 — LEAVES OF ABSENCE
Article 27. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
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for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years
160 hours
320 hours
6-10 years
208 hours
416 hours
Over 10 years
248 hours
496 hours
B. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Upon separation from the City service, the employee will be paid for unused General
Leave, not to exceed the maximum of two years entitlement, at the employee's then current base
salary rate.
C. The use of General Leave must be approved by the department head and due regard shall be given
to the employee's preference in scheduling such paid leave time.
D. General Leave Cash Out:
Employees in the unit are permitted to cash out General Leave as follows:
1. Until December 7, 2018:
Each employee may request that he/she be paid for a maximum of twenty (20) hours of accrued
General Leave.
In addition, each employee may request that he/she be paid for accrued General Leave based
on years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
Requests for cash out must be received no later than two weeks prior to the paycheck date
when the cash out is requested.
2. After December 7, 2018 and for Each Year Thereafter:
Starting in 2018 (for payment in 2019), on or before the pay period which includes December 15
of each calendar year, an employee may make an irrevocable election to cash out up the
following amount of General Leave which will be earned in the following calendar year at the
employee's base rate of pay:
a. Up to twenty (20) hours of accrued General Leave; and
b. Up to an additional amount of accrued General Leave based on years of service as follows:
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0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
The employee can request that the cash out (of both 2 a and b above) be processed on any
paycheck beginning July 1 of the following calendar year through the end of that calendar year,
as long as the employee has accrued the number of hours they elected to cash out during the
calendar year of the cash out. However, if the employee's General Leave balance is less than
the amount the employee elected to cash out (in the prior calendar year) the employee will
receive cash for the amount of leave the employee has accrued at the time of the cash out. The
employee may request to be paid all at once or choose to be paid on two different paychecks.
Article 28. Compensatory Time Off
A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving
overtime compensation at the rate of one and one half hour for each hour of overtime worked.
Employees may accrue up to eighty (80) hours of Compensatory Time Off.
B. Full-time employees will be paid for all Compensatory Time Off in January 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.
C. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with
reasonable notice of such request. If reasonable notice is provided, the employee's request will not
be denied unless it would be unduly disruptive to the department to grant the request. "Reasonable
notice" is defined as at least two weeks' notice. A request to use Compensatory Time Off with less
than reasonable notice may still be granted within the discretion of the supervisor or manager
responsible for considering the request.
D. When an employee separates from City service or remains employed by the City, but moves to a
position no longer represented by TPSSA, an employee shall be compensated for all accrued
Compensatory Time Off at his/her regular rate of pay.
Article 29. Holidays
A. The following days shall be Holidays for which full-time regular and probationary employees, in
permanent positions, will receive compensation either in pay or paid time off.
January 1
New Year's Day
Third Monday in January
Martin Luther King Jr. Day
Third Monday in February
Presidents' Day
Last Monday in May
Memorial Day
July 4
Independence Day
First Monday in September
Labor Day
November 11
Veterans Day
Thanksgiving Day
Thanksgiving Day
Day following Thanksgiving Day
Day after Thanksgiving Day
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December 24 Christmas Eve
December 25 Christmas Day
December 31 New Year's Eve
B. Except as otherwise provided, when a holiday falls on a Sunday, the following Monday will be
observed instead and when a holiday falls on a Saturday, the preceding Friday will be observed
instead.
C. Each Holiday has a value of nine (9) hours. If the number of hours paid on a holiday is less than the
hours that would be paid if the employee worked his/her regular shift, accrued Compensatory Time
Off or General Leave will be used to ensure that hours paid will be equal to what the employee
would receive for his/her regular shift.
D. Except as provided for below in subparagraph D1, in December of each year, each full-time regular
and promotional probationary employee may request Advance Holiday Pay, a cash out of the
employee's 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 Advance 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 January (January — September holidays) and
October (October — December holidays) of each year.
The Advance Holiday Pay request may only be for 1) all cash, 2) all General Leave, or 3) half cash and
half General Leave. The employee 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 unpaid leave immediately before and/or immediately after a holiday
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
previously paid on the payroll immediately following the holiday (or as soon as the overpayment is
discovered).
1. Exception: If at the time Advance Holiday Pay is being processed, the employee is on an unpaid
medical leave of absence without a documented return to work date (within the next 30 days),
the employee will not receive Advance Holiday Pay and will instead be paid for each Holiday as it
occurs if the employee is in a paid status at the time the Holiday occurs.
E. In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of holiday pay for employees who are
normally required to work on an approved holiday because they work in positions that require
scheduled staffing without regard to holidays shall be reported to CalPERS as Special Compensation.
The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) as a
"statutory pay" — a type of reportable special compensation. However, it is ultimately CalPERS who
determines whether any form of pay is reportable special compensation.
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Article 30. Bereavement Leave
The City will allow up to five (5) days of paid leave for the purpose of Bereavement Leave for all unit
employees in the event of a death in the immediate family. For purposes of this section, "immediate
family" shall be defined as including spouse, registered domestic partner, mother, stepmother, father,
stepfather, brother, step brother, sister, step sister, child, stepchild, grandparent, step grandparent,
grandchild and step grandchild of the employee or the employees' spouse/registered domestic partner.
Article 31. Jury Duty Leave
The City's general policy on Jury Duty is as set forth in Section 8X4 of the Personnel Rules. A unit
employee who has been assigned to Jury Duty may request a change in regularly scheduled working
hours to a Monday through Friday day shift schedule for the duration of such Jury Duty. Such requests
shall be granted if practicable.
CHAPTER 5 — WORKING CONDITIONS
Article 32. Work Schedules
A. The FLSA workweek for all members of the unit shall be 168 regularly recurring hours.
B. Employees maybe assigned any of the following work schedules:
a. 9/80 work schedule. The flex/off day is the same day every other week. In addition, the
employee's scheduled work hours cannot be changed on his/her flex/off day. For employees
working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in
length) shall begin exactly four hours after the start time of his/her eight hour shift on the
day of the week that corresponds with the employee's alternating regular day off.
b. 4/10 work schedule. For employees working the 4/10 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
c. 3/12.5 work schedule. For employees working the 3/12.5 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
C. Employees assigned to the 3/12.5 work schedule are scheduled to work 2080 hours per fiscal year.
In a seven day period (168 hours in length), employees are assigned three 12.5 hour work days.
Additionally, once in every four week period, the employees are also assigned one ten hour work
day. During the work week when the ten hour day occurs, employees will be regularly scheduled for
forty-seven and one-half hours. This work schedule results in premium pay required under the Fair
Labor Standards Act (FLSA).
For employees who are classic members as defined by Public Employees' Pension Reform Act
(PEPRA) of 2013 the resulting FLSA premium pay earned from working their regularly scheduled
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hours (for employees working the 3/12.5 work schedule) is defined as Special Compensation by
CalPERS, in accordance with Title 2 of the California Code of Regulations (2 CCR §571(a)(5)).
Employees assigned to the 3/12.5 hour work schedule will be paid a base hourly rate that results in
the total pay for 2080 hours of regularly scheduled work being as close to equivalent to the total pay
earned by employees working 2080 hours in the same classification assigned to the 4/10 work
schedule. Hourly rates for the classifications are identified in Appendix A.
D. Continuation of the work schedules is subject to the 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 work schedule.
E. Employees may be assigned to attend training on days other than their regularly scheduled work
days/shifts.
F. Department employees who are assigned to regularly rotating shifts (i.e., employees in the
Communications, Records or Police Services Officer Units) work a standard twenty four (24)
consecutive month shift assignment (day shift, cover, or graveyard). Based on departmental needs,
an employee may be permitted to extend his/her shift assignment beyond the twenty four (24)
consecutive month rotation. If such a request is not permitted, the decision is not subject to being
grieved as it is subject to departmental need and discretion.
G. No employee shall be permitted to work more than sixteen (16) consecutive hours except in an
emergency situation as determined by his/her supervisor.
H. The City will provide advance notice to affected employees prior to modifications to an employee's
regular work schedule. Whenever practicable, notice will be provided at least fourteen (14) days
before such schedule change goes into effect.
Article 33. Shift Trading
Employees in the unit have the right to trade shifts with their colleagues in the same classification/level
subject to the following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade.
However, denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose
shift was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts
and will not be monitored by the City. Traded shifts should fall in the same two week pay
cycle. If an employee leaves the City having not paid back a shift, it shall be the responsibility
of the two employees to work out any pay back.
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5. If an employee agrees to trade shifts with another employee and then calls in sick and/or
does not work the shift, the employee who agreed to work the shift shall have his/her
General Leave deducted.
Article 34. Attendance
A. 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.
B. 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 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 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.
C. Absence without leave and without reasonable cause to report to work for three (3) consecutive
scheduled work days may be cause for immediate discharge.
Article 35. Rest Periods
A. 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).
B. 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.
Article 36. Paid Lunch Break
A. All unit employees shall be entitled to receive compensation for a lunch break period not to exceed
30 minutes. Employees receive a paid lunch break because they are required to be working or
available to respond immediately to calls for service during their lunch time.
B. 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.
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CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 37. Employee Rights
As the recognized representative of the employees covered by the Resolution, the City acknowledges
and recognizes the following employee rights:
1. 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.
2. 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.
3. 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.
4. 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.
5. Employees 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 a
TPSSA representative for discussion and consultation on grievances and disciplinary appeals.
6. TPSSA 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.
7. 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.
8. TPSSA shall have the right to distribute reasonable association information and newsletters at
the job site.
9. TPSSA representatives shall have the right reasonable usage of department telephones for the
discussion of TPSSA business.
10. TPSSA representatives and consultants shall have the right of reasonable access to the
workplace.
11. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 38. Appeals and Hearings
A. Pre -Disciplinary Meetings and Disciplinary Appeals
1. Pre -Disciplinary Meeting
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A full-time employee who has attained a regular appointment shall have the right to a pre -
disciplinary meeting 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 meeting will be conducted by the department head
or designee as soon as practicable after the action has been taken.
2. Procedure for Pre -Disciplinary Meetings
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, he/she 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.
3. Post -Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal
the action in writing to the Director of Human Resources.
4. 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.
5. Calendar Days
Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s).
B. Appeals Procedure
1. If a timely appeal is filed as provided in the Grievance Procedure (Article 39) or Pre -Disciplinary
Hearings and Disciplinary Appeals section (Article 38, Section A) the City Manager may hear the
appeal or appoint any City management/supervisory employee or arbiter who has not been
personally involved in the actions giving rise to the discipline to hear the appeal.
2. 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 Code
of Civil Procedure Section 1281.6.
3. In the event that the employee 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 list provided by the State Mediation and
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Conciliation Services through a process where the employee organization and the employer
strikes the name of an arbiter until only one name remains.
4. 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.
5. 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.
C. Hearings
1. 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.
2. 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.
3. 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.
4. 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 on her/his own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence shall be taken
only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of
the reporter will be split between the City and TPSSA.
5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons,
otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
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b. The City shall proceed first in a disciplinary appeal hearing. 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.
c. 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.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of testimony
and evidence. He/she shall base his/her findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing unless the 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 he/she believes to be important to reaching a fair and
proper decision.
f. The hearing officer shall have no authority to amend, alter, or modify the Memorandum
of Understanding or any sections of the City's Personnel Rules and shall limit his/her
recommendations to the interpretation and application of the Memorandum of
Understanding, agreement at issue and/or the City's Personnel Rules.
g. The hearing officer may recommend sustaining or modifying the disciplinary action.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director
of Human Resources. 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. However, the City Manager may extend the time to issue
his/her decision beyond the ten day period if he/she believes it is necessary. 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. The City Manager's decision is subject to review by a
superior court pursuant to Code of Civil Procedure Section 1094.6.
7. If the employee organization requests 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; any excess cost will
be shared equally by the City and the 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.
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8. 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.
9. 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 39. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit employees.
A. 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 this Memorandum of Understanding (MOU), Personnel Rules,
or other agreements between the City and TPSSA.
2. Position classification.
B. Definitions
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules or this MOU.
2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules, an agreement between the City and employee organization, or
this MOU.
3. Grievance Procedure: The process by which the validity of a grievance is determined and
resolution effected.
4. Day: Unless otherwise indicated, "day" or "days" when used in this section shall be calendar
day(s).
C. Procedure
1. 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.
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The grievant shall submit the grievance form to his/her immediate supervisor. 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.
2. 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.
3. 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 management/supervisory employee (except the employee's department
head), or an arbiter to hear the grievance and submit a recommendation as to resolution of the
grievance. At the hearing, the grievant has the burden of proof and will present his/her case
f rst.
D. 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 or this MOU. Upon a showing of good cause to the Director of Human Resources, 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.
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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.
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.
E. 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 this MOU or other provisions which have been negotiated between the
City and TPSSA, TPSSA 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 40. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal
attached to a performance evaluation with which the employee disagrees.
Article 41. Membership Meetings
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 MOU 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.
Members of the Association Board are permitted to attend one Board meeting per month. If the
meeting occurs during a Board member's work hours, he/she will be permitted to attend on release
time (i.e., will be paid for the time without having to use other leave or make up the time) as long as the
Board member informs his/her supervisor in advance and the supervisor determines based on workload
that the Board member can attend without creating a disruption to work.
Article 42. No Strike / Job Action
A. 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.
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B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. 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.
D. The City agrees it will not lockout employees during the term of this MOU.
Article 43. Management Rights
Except as otherwise specifically provided in State and Federal laws, the City reserves and retains and is
vested with all rights of management which have not been expressly abridged by specific provisions of
this Resolution or by law to manage the City. This shall include, but is not limited to:
1. 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 Resolution, 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.
2. 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.
3. The right to take such further action as maybe necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
4. The right to modify the performance evaluation form.
5. The right to modify and update class specifications.
Article 44. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are hereby incorporated into
this MOU by reference.
[29]
TPSSA MOU 2018-21
IN WITNESS WHEREOF, the parties hereto have executed this document this 111h day of August 2011.
FOR THE CITY OF TUSTIN
Jeffrey Parker, City Manager
Derick Yasuda, Director of Human Resources
Matthew West, Assistant City Manager
Karyn Roznos, Senior Management Analyst
Peter Brown, Liebert Cassidy Whitmore
[30]
FOR THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
Connie Vit, President
John Garzone, Vice President
Karen Coffman, Secretary
Stephanie Distefano, Treasurer
Alysia Cornell, Member at Large
Kailey Kaczor, Member at Large
Kayleen Kuykendall, Member at Large
Denise Avila, Negotiations Team Member
Bo Gutierrez, UELA General Manager
TPSSA MOU 2018-21
APPENDIX A - HOURLY SALARY RANGES
Effective the pay period that includes July 1, 2018
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Crime Analyst
32.01
33.65
35.37
37.19
39.09
41.04
Police Comm Lead (3/12.5)
31.28
32.88
34.56
36.33
38.19
40.10
Police Comm Officer 1 (3/12.5)
26.66
28.02
29.46
30.97
32.55
34.18
Police Comm Officer 11 (3/12.5)
28.31
29.75
31.28
32.88
34.56
36.29
Police Fleet Coordinator
29.26
30.76
32.33
33.99
35.73
37.52
Police Records Lead (3/12.5)
23.95
25.17
26.46
27.81
29.24
30.70
Police Records Lead (4/10)
24.51
25.76
27.08
28.47
29.92
31.42
Police Records Spec (3/12.5)
21.67
22.78
23.95
25.17
26.46
27.78
Police Records Spec (4/10)
22.18
23.31
24.51
25.76
27.08
28.43
Police Sery Offcr 1 (3/12.5)
24.92
26.20
27.54
28.95
30.43
31.95
Police Sery Offcr 1 (4/10)
25.51
26.81
28.18
29.63
31.14
32.70
Police Sery Offcr 11 (3/12.5)
26.26
27.61
29.02
30.51
32.07
33.67
Police Sery Offcr 11 (4/10)
26.88
28.25
29.70
31.22
32.82
34.46
Police Sery Offcr 111 (3/12.5)
28.31
29.75
31.28
32.88
34.56
36.29
Police Sery Offcr 111 (4/10)
28.97
30.45
32.01
33.65
35.37
37.14
Property & Evidence Specialist
25.89
27.22
28.61
30.07
31.61
33.20
Effective the pay period that includes July 1, 2019
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Crime Analyst
32.97
34.66
36.43
38.30
40.26
42.27
Police Comm Lead (3/12.5)
32.22
33.87
35.60
37.42
39.34
41.31
Police Comm Officer 1 (3/12.5)
27.46
28.86
30.34
31.90
33.53
35.21
Police Comm Officer II (3/12.5)
29.15
30.65
32.22
33.87
35.60
37.38
Police Fleet Coordinator
30.14
31.68
33.30
35.01
36.80
38.64
Police Records Lead (3/12.5)
24.66
25.93
27.25
28.65
30.12
31.62
Police Records Lead (4/10)
25.24
26.53
27.89
29.32
30.82
32.36
Police Records Spec (3/12.5)
22.32
23.46
24.66
25.93
27.25
28.62
Police Records Spec (4/10)
22.84
24.01
25.24
26.53
27.89
29.29
Police Sery Offcr 1 (3/12.5)
25.67
26.98
28.36
29.82
31.34
32.91
Police Sery Offcr 1 (4/10)
26.27
27.62
29.03
30.52
32.08
33.68
Police Sery Offcr II (3/12.5)
27.05
28.44
29.89
31.42
33.03
34.68
Police Sery Offcr II (4/10)
27.68
29.10
30.59
32.16
33.81
35.50
Police Sery Offcr III (3/12.5)
29.15
30.65
32.22
33.87
35.60
37.38
Police Sery Offcr III (4/10)
29.84
31.37
32.97
34.66
36.43
38.26
Property & Evidence Specialist
26.67
28.03
29.47
30.98
32.56
34.19
[31]
TPSSA MOU 2018-21
Effective the pay period that includes July 1, 2020
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Crime Analyst
33.96
35.70
37.53
39.45
41.47
43.54
Police Comm Lead (3/12.5)
33.18
34.88
36.67
38.55
40.52
42.55
Police Comm Officer 1 (3/12.5)
28.28
29.73
31.25
32.85
34.54
36.26
Police Comm Officer 11 (3/12.5)
30.03
31.57
33.18
34.88
36.67
38.50
Police Fleet Coordinator
31.04
32.63
34.30
36.06
37.90
39.80
Police Records Lead (3/12.5)
25.40
26.70
28.07
29.51
31.02
32.57
Police Records Lead (4/10)
26.00
27.33
28.73
30.20
31.75
33.33
Police Records Spec (3/12.5)
22.99
24.17
25.40
26.70
28.07
29.48
Police Records Spec (4/10)
23.53
24.73
26.00
27.33
28.73
30.17
Police Sery Offcr 1 (3/12.5)
26.44
27.79
29.22
30.71
32.28
33.90
Police Sery Offcr 1 (4/10)
27.06
28.44
29.90
31.43
33.04
34.69
Police Sery Offcr 11 (3/12.5)
27.86
29.29
30.79
32.36
34.02
35.72
Police Sery Offcr 11 (4/10)
28.52
29.98
31.51
33.12
34.82
36.56
Police Sery Offcr 111 (3/12.5)
30.03
31.57
33.18
34.88
36.67
38.50
Police Sery Offcr 111 (4/10)
30.73
32.31
33.96
35.70
37.53
39.40
Property & Evidence Specialist
27.47
28.87
30.35
31.91
33.54
35.22
[32]
TPSSA MOU 2018-21
APPENDIX B — POLICE SERVICES OFFICER CAREER OFFICER PROGRAM
A. Police Services Officers qualifying under the Police Services Officer Career Officer Program, as
outlined in the Division Standard Operating Procedure, shall be eligible for additional compensation
in accordance with the following:
1. Police Services Officer I
Requirements include:
a. Entry level experience and education. May be assigned to fill any open assignment, in
any area, at the discretion of management.
2. Police Services Officer II
Requirements include:
a. Minimum five (5) years of experience with TPD as a Police Services Officer I or two (2)
years with TPD as a Police Services Officer I and three (3) years equivalent experience
with another law enforcement agency (five (5) years total experience); and
b. Evaluation rating of "Meets Standard" or better for the previous three (3) consecutive
years.
3. Police Services Officer III
Requirements include:
a. Minimum seven (7) years of experience with TPD as a Police Services Officer or two (2)
years of experience as a Police Services Officer II in one assignment area with TPD and
five (5) years equivalent service with another law enforcement agency (seven (7) total
years of experience); or
b. Included within the minimum seven (7) years of experience, five (5) years of experience
in the CSI assignment combined with possession of a POST Field Evidence Technician
certification (five (5) total years of experience); and
c. Evaluation rating of "Meets Standard" or better for the previous three (3) consecutive
years.
B. Employees are eligible to advance from PSO I to PSO II and from PSO II to PSO III. Once a Police
Services Officer has met the criteria for advancement to the next PSO level, he/she shall complete
the appropriate TPD form, "Recommendation for Advancement to Police Services Officer (11, III)."
Once completed, the form should be submitted via chain of command. If all qualifications are met,
the department head shall make a recommendation for advancement and will authorize the
Professional Standards Unit to generate a Personnel Action Form signifying the classification change.
[33]
RESOLUTION NO. 18-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE SUPPORT SERVICES
MANAGEMENT ASSOCIATION, CONCERNING WAGES,
HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 15-50, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 15-50 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Support Services Management
Association (TPSSMA) have met and conferred in good faith in accordance with the
requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPSSMA have reached agreement on wages, hours,
and terms and conditions of employment effective July 1, 2018 through June 30, 2021,
as more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TPSSMA, effective
July 1, 2018, is hereby approved and incorporated herein by reference as though
fully set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2018, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
Resolution 18-56
Page 1 of 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 11 th day of August 2018.
ELWYN A. MURRAY
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 18-56 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 11th day of
August 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-56
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION
TERM:
July 1, 2018—June 30, 2021
TPSSMA MOU 2018-21
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS........................................................................................................ 3
Article1. Recognition...........................................................................................................................3
Article 2. Represented Classes............................................................................................................. 3
Article3. Entire Agreement.................................................................................................................4
Article4. Reopener..............................................................................................................................4
Article5. Severability...........................................................................................................................4
Article 6. Binding on Successors...........................................................................................................4
Article7. Notices.................................................................................................................................4
Article8. Payroll Deductions................................................................................................................5
CHAPTER 2 — COMPENSATION................................................................................................................. 5
Article9. Salary....................................................................................................................................5
Article 10. Overtime Compensation.....................................................................................................5
Article11. Uniforms.............................................................................................................................6
Article 12. Bilingual Compensation......................................................................................................6
Article13. Standby Duty...................................................................................................................... 6
Article14. Call Back Duty.....................................................................................................................7
Article 15. Shift Differential Pay...........................................................................................................7
Article16. Acting Pay...........................................................................................................................8
CHAPTER 3 — BENEFITS............................................................................................................................ 8
Article 17. Flexible Benefits Plan..........................................................................................................8
Article18. Retirement.......................................................................................................................
10
Article 19. Employee Life Insurance...................................................................................................
11
Article 20. Short -Term / Long -Term Disability Insurance....................................................................
11
Article 21. Tuition Reimbursement....................................................................................................
13
Article 22. Cell Phone and Smartphone Stipend.................................................................................
13
Article 23. Retiree Medical Insurance.................................................................................................
14
Article 24. Retiree Health Savings Plan...............................................................................................
14
CHAPTER 4 — LEAVES OF ABSENCE.........................................................................................................
14
Article25. General Leave...................................................................................................................
14
Article 26. Administrative Leave........................................................................................................
16
Article 27. Compensatory Time Off....................................................................................................
17
TPSSMA MOU 2018-21
Article28. Holidays............................................................................................................................ 17
Article 29. Bereavement Leave.......................................................................................................... 18
Article30. Jury Duty Leave................................................................................................................. 18
CHAPTER 5 — WORKING CONDITIONS.................................................................................................... 19
Article 31. Work Schedules
Article 32. Attendance......
Article 33. Rest Periods
19
20
20
Article 34. Paid Lunch Break............................................................................................................... 20
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS................................................................................. 21
Article35. Employee Rights............................................................................................................... 21
Article 36. Appeals and Hearings........................................................................................................ 21
Article 37. Grievance Procedure......................................................................................................... 25
Article 38. Performance Evaluations.................................................................................................. 27
Article 39. Membership Meetings...................................................................................................... 27
Article 40. No Strike / Job Action........................................................................................................ 27
Article 41. Management Rights.......................................................................................................... 28
Article42. Layoffs.............................................................................................................................. 28
APPENDIX A — HOURLY SALARY RANGES................................................................................................ 31
TPSSA MOU 2018-21
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 etseq. and
Section 17 (Employer -Employee Organization Relations) of the Personnel Rules 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 Management Association (TPSSMA), 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
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement
the provisions of this Memorandum of Understanding (MOU) and modify the City's Classification and
Compensation Plans to reflect the changes approved in this MOU, and that the wages, hours and
conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
TPSSA is the exclusive representative of City employees in the representation unit, titled Police Civilian
Supervisors and Managers, comprised of all full-time civilian supervisors and managers of the Police
Department of the City of Tustin for the purpose of representation on issues of wages, hours, and other
terms and conditions of employment and as such exclusive 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 2. Represented Classes
A. The classifications that comprise the Police Civilian Supervisors and Managers Representation Unit
are as follows:
Police Support Services Manager
Police Support Services Supervisor
[3]
TPSSMA MOU 2018-21
Article 3. Entire Agreement
This MOU 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 TPSSMA 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.
Article 4. Reopener
A. Prior to January 1, 2020 either side may request to meet and confer for the purpose of effecting
changes to this MOU to go into effect on July 1, 2020 or later.
B. The parties recognize that certain state and federal laws, programs, and regulations, including the
Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter
healthcare coverage options, cost, or other elements of healthcare services that materially alter the
provisions of this MOU, either party may request to re -open the article of the MOU regarding medical
insurance for the purpose of discussing alternative approaches and proposals to providing healthcare
coverage and the City will not unilaterally implement any changes with regard to this article. In
addition, should state or federal laws concerning taxation of healthcare benefits change, the parties
agree to meet and discuss the impact of such change.
C. Prior to formally notifying the Association of a decision to lay off a position, the City will notify the
Association two work days (48 hours) in advance of the decision, in an effort to provide an opportunity
for the Association to provide feedback, suggestions and/or to ask questions regarding the impending
decision.
Article S. Severability
If any part of this MOU 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 MOU
shall not render invalid the remaining parts hereof.
Article 6. Binding on Successors
This MOU 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 7. 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 92780.
[4]
TPSSMA MOU 2018-21
Article 8. Payroll Deductions
Deductions of authorized amounts may be made from employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
3. Contribution to survivors' benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. All authorized deductions to TPSSA.
12. Payment for non -return of uniforms and/or equipment issued.
13. Other purposes as may be authorized by the City.
14. Deferred compensation.
CHAPTER 2 — COMPENSATION
Article 9. Salary
A. Unit employees are placed on a salary schedule consisting of six steps in each range with an
approximate increment of 5% between steps.
B. Salary ranges for represented classifications are listed in Appendix A.
C. Effective in the pay period which includes July 1, 2018, employees in the bargaining unit shall receive
a three percent (3.0%) base salary increase.
D. Effective the pay period which includes July 1, 2019, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
E. Effective the pay period which includes July 1, 2020, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
Article 10. Overtime Compensation
A. Overtime is subject to pre -approval by the employee's supervisor. Police Support Services Supervisors
shall receive overtime compensation of time and one-half (1 %) for all overtime hours worked in
excess of:
1. Regularly scheduled hours per shift; or
[5]
TPSSMA MOU 2018-21
2. Forty (40) hours worked in the designated seven (7) day Fair Labor Standards Act (FLSA) work
week for each employee.
B. General Leave, Compensatory Time Off and Holiday hours shall be included within the above hours
for eligibility, provided however, that Standby time shall not count as hours worked in determining
entitlement to overtime compensation.
C. Overtime paid by this MOU in excess of the requirements of the FLSA (when an employee actually
works in excess of 40 hours in their defined FLSA workweek) is paid at 1.5 times the employee's base
hourly rate of pay.
D. Overtime paid per the requirements of the FLSA includes base pay plus any additional forms of pay
which are provided to employees and required to be included in the FLSA regular rate (i.e., overtime
rate).
Article 11. Uniforms
The City will provide a uniform maintenance allowance of two -hundred and fifty dollars ($250) annually
($9.61 paid biweekly) for those full-time employees required by the City to wear uniforms.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), for "classic members" as defined by the Public Employees' Pension
Reform Act of 2013, the compensation paid for the purchase, rental and/or maintenance of required
uniforms shall be reported to CalPERS as Special Compensation. The parties agree that this pay is
described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special
compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable
special compensation.
Article 12. Bilingual Compensation
The City shall pay one hundred dollars ($100) per pay period to full-time employees in City -designated
positions who demonstrate 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.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as
Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation. However, it is
ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 13. Standby Duty
A. Police Support Services Supervisors may be required to be on Standby Duty to respond to
emergencies. The department will determine Standby assignments. If on standby, employees must
[6]
TPSSMA MOU 2018-21
provide contact information where they can be reached, either a home phone or cell phone. If called,
the employee must respond within twenty (20) minutes and then must be able to return to the City
(if necessary) to address the issue within forty-five (45) minutes, unless commuting time prohibits
returning within forty-five (45) minutes. In the case where commuting time is an issue, the
department will work with the employee for a reasonable response. Employees must be able to
return to work while on Standby Duty. This means that they may not consume alcoholic beverages
and must have the ability to travel back to the City.
B. Police Support Services Supervisors assigned to Standby Duty shall be compensated at the rate of one
(1) hour of straight -time compensation for each eight (8) hours of such duty.
C. 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 (8:00 a.m. — 12:00 p.m.) appearances and two (2) hours of
straight time for afternoon (12:00 p.m. — 5:00 p.m.) appearances.
D. 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 City (e.g., phone call, voicemail, or email) 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 Duty 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.
E. Employees cannot receive Standby Pay for anytime period for which they are being paid to work.
Article 14. Call Back Duty
Police Support Services Supervisors shall receive a minimum of two (2) hours of overtime compensation
(time and one-half) for any call (fifteen (15) or more minutes beyond the end of their shift) which requires
them to return to duty. Call Back Pay begins when an employee returns to work and does not include
travel time. Call Back Pay does not apply to regular or pre -scheduled work.
A Police Support Services Supervisor called back to work prior to his/her shift shall receive overtime for
the additional time worked by being called in. At the start time of his/her regular shift, and while working
his/her regular hours, the employee shall only receive regular pay. If the employee receives approval from
his/her supervisor to substitute regular pay and be absent from his/her regular shift with accrued leave,
that is acceptable.
Article 15. Shift Differential Pay
Any Police Support Services Supervisor assigned on a regular basis (ten (10) 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 fifty dollars ($50) 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.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CalPERS
[7]
TPSSMA MOU 2018-21
as Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation. However, it is
ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 16. Acting Pay
A full-time employee assigned to temporarily work in a higher classification will receive Acting Pay of 5%
of base pay. This rate will be paid after the employee has been in the assignment for thirty (30) consecutive
calendar days. An employee's base salary combined with Acting Pay can never exceed the salary range of
the acting classification.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CalPERS as
Special Compensation for classic members as defined under the Public Employees' Pension Reform Act
(PEPRA) of 2013. The parties agree that acting pay ("Temporary Upgrade Pay") is described in Title 2 CCR,
Section 571(a)(3) as a "premium pay" — a type of reportable special compensation. This pay is not
reportable as special compensation for employees defined as "new members" under PEPRA. However,
it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
CHAPTER 3 — BENEFITS
Article 17. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the provision
of medical insurance. All employees in the bargaining unit shall receive the minimum amount required
under the Public Employees' Medical and Hospital Care Act (PEMHCA), $133 for calendar year 2018,
and a yet to be determined amount for subsequent calendar years, as well as an additional amount
which is provided under a Section 125 Flexible Benefits program. The amounts below include the
minimum amount under PEMHCA.
B. Effective the pay period that includes July 1, 2018, the monthly Flexible Benefits contribution per
eligible Police Support Services Supervisor is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,150 $1,275 $1,425
C. Effective the pay period that includes July 1, 2019, the monthly Flexible Benefits contribution per
eligible Police Support Services Supervisor is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,250 $1,375 $1,525
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D. Effective the pay period that includes July 1, 2020, the monthly Flexible Benefits contribution per
eligible Police Support Services Supervisor is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,350 $1,475 $1,625
E. Effective the pay period that includes July 1, 2018, the monthly Flexible Benefits contribution per
eligible Police Support Services Manager is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,175 $1,300 $1,450
F. Effective the pay period that includes July 1, 2019, the monthly Flexible Benefits contribution per
eligible Police Support Services Manager is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,275
$1,400
$1,550
G. Effective the pay period that includes July 1, 2020, the monthly Flexible Benefits contribution per
eligible Police Support Services Manager is as follows:
Employee Only Employee + 1
Employee + 2
Dependent or More Dependents
$1,375 $1,500 $1,650
D. Full-time employees who do not take medical insurance through the program offered by the City shall
receive $450 per month as the Flexible Benefits Opt -Out contribution. As a condition of receiving
such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. For medical
coverage, if an employee elects to opt out of coverage offered by the City, he/she must provide proof of
"minimum essential coverage" (as defined by the Affordable Care Act) through another source (other
than coverage in the individual market, whether or not obtained through Covered California).
E. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid out
of their Flexible Benefits contribution. Employees may allocate the remaining amount among the
following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
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4. Vision insurance
5. Section 125 Flexible Spending Account for medical or dependent care reimbursement
6. Eligible catastrophic care programs
7. 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.
F. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration of
this MOU unless changed by mutual agreement of the City and Association. The City retains the right
to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary
and employee -funded.
Article 18. Retirement
A. Employees covered under this MOU shall be members of the California Public Employees' Retirement
System (CaIPERS) and are subject to all applicable provisions of the City's contract with CalPERS.
B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the Cal PERS
2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous members.
The plan includes both an employer and employee contribution.
1. These employees are responsible for paying the employee contribution of seven percent (7%) of
the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS
resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee
contribution is made on a pre-tax. The plan has been amended to include Section 21573 (Third
Level of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for paying the
employee portion of the 1959 Survivor benefit premium.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of ten percent (10%). If, at any time in the future, the Association
informs the City that it no longer agrees to this cost sharing agreement, effective on the date of
the elimination of the cost sharing (which would need to coincide with the expiration date of the
MOU) these employees' base salary would be reduced by three percent (3%).
C. Miscellaneous members employed by the City on or after January 1, 2012 who are "classic members"
as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be enrolled in the
CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and
employee contribution.
1. These employees are responsible for paying the employee contribution of seven percent (7%) of
the employee's wages through a payroll deduction. The City has adopted the CaIPERS resolution
in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
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on a pre-tax basis. This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code Section 20037. The plan provides for 3 d level of 1959 Survivor
benefits with the employee paying the employee portion of the premium.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of ten percent (10%). If, at any time in the future, the Association
informs the City that it no longer agrees to this cost sharing agreement, effective on the date of
the elimination of the cost sharing (which would need to coincide with the expiration date of the
MOU) these employees' base salary would be reduced by three percent (3%).
D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new members"
by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @
62 plan for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of one-half of the total normal
cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period
including July 1, 2018, the employee contribution is 5.75%. This amount will be determined by
CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code
section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the effective
date of his or her retirement or as designated by the employee in accordance with Government
Code Section 7522.32(a). The plan provides for 3 d level of 1959 Survivor benefits with the
employee paying the employee portion of the premium.
Article 19. Employee Life Insurance
The City will provide a life insurance policy for each unit member. The City will pay required premiums for
the policy with a death benefit that shall be equal to one hundred and twenty-five thousand dollars
($125,000). The City will also provide $1,000 per dependent of dependent life insurance.
Article 20. Short -Term / Long -Term Disability Insurance
A. The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non-
industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of
the STD/LTD insurance carrier.
B. An employee who is receiving STD benefits under the City's program will be granted a leave of absence
for the duration of his/her non -industrial disability subject to a maximum period of six (6) months.
Such leave of absence may be extended for an additional six (6) months under LTD, upon approval of
the City Manager.
TPSSMA MOU 2018-21
C. All unit employees are required to participate in the program. Premiums are deducted from the
employee's pay on an after-tax basis.
D. In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave (General Leave or Compensatory Time
Off) during the 30 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 for 80 consecutive hours.
E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the employee
shall be compensated by the City at the rate of 60% of the employee's pre -disability base salary. This
City payment is taxable income. The employee may supplement this City payment with accrued leave
to enable him/her to receive an amount equivalent to no more than 100% of his/her pre -disability
earnings.
F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently with
FMLA/CFRA leave.
G. For a new employee who has worked for the City for less than 12 consecutive months, and is therefore
not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the same
Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a period not
to exceed 90 days. Should an employee receive 90 days of City -paid Flexible Benefits within the 12
month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently
eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City for
its previous contribution.
H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever occurs
first), no paid leave shall accrue to the employee.
I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of
60% of pre -disability base salary. The employee may supplement the STD/LTD carrier's payment with
accrued paid leave to enable him/her to receive an amount equivalent to no more than 100% of
his/her pre -disability earnings.
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. In the event the employee chooses 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/LTD program). In the event timely payment is not made,
the City is authorized to reduce the employee's accrued paid leave accounts, in an amount equivalent
to the premiums owed by the employee. In the event no paid leave is available, the City is authorized
to cancel the employee's coverage.
K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any rolling
12 -month period.
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Article 21. 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 employees shall be eligible for tuition reimbursement and
will be eligible for reimbursement of eligible expenses by the City for professional and technical courses
subject to the following conditions:
1. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade (a "C" or above" or "Pass") and after the
completion of the initial probationary period. Requests to enroll in courses may be granted prior
to the completion of probation. However payment will not be made until the employee has
completed the probationary period and attained regular status
2. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits
or any other reimbursement for the same courses.
3. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for
attending graduate school, a four-year college or university, or a job-related program through
University of California or California State University extended education programs and $2,000
per year for attendance at a California Community College. This reimbursement benefit maybe
used for other job-related educational programs administered by other professional organizations
with the express approval of the City Manager. If an employee separates from City service within
one calendar year of receiving this Tuition Reimbursement benefit, the employee is responsible
for refunding the City the full amount of the benefit that was paid. Funds will be deducted from
the employee's final paycheck to cover the re -payment of the tuition reimbursement.
4. The City has 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.
5. Approval from the department head, Director of Human Resources, and City Manager (when
required) should be obtained prior to enrollment in the course or program to ensure the City will
approve the reimbursement request.
Article 22. Cell Phone and Smartphone Stipend
A. Police Support Services Supervisors are eligible for cell phone stipend of $12 per pay period ($26
per month) and Police Support Services Managers are eligible for a smart phone stipend of $21
per pay period ($45 per month) which is taxable income.
B. The stipend is designed to contribute to an employee's cell/smart phone plan. It is not designed
to fully pay for the plan. Any additional charges an employee incurs are his/her own responsibility
and those additional charges are not eligible for reimbursement.
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Article 23. Retiree Medical Insurance
A. The City will reimburse eligible Police Support Services Supervisors up to a maximum of $250 per
month for the payment of CalPERS retiree medical insurance premiums. This amount includes the
minimum contribution towards retiree medical insurance required underthe PEMHCA program ($133
for calendar year 2018, and a yet to be determined amount for subsequent calendar years).
B. The City will reimburse eligible Police Support Services Managers up to a maximum of $350 per month
for the payment of CalPERS retiree medical insurance premiums. This amount is in addition to the
minimum contribution towards retiree medical insurance required underthe PEMHCA program ($133
per month for calendar year 2018 and a yet to be determined amount for subsequent calendar years).
C. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that he/she
has been continuously employed by the City for five (5) full years, retires from the City and CalPERS,
and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who
suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may
satisfy the five (5) year continuous service requirement using a combination of service with the City
and service with any public agency with a reciprocal retirement system.
D. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees who suffer a disability, are unable to return to work, and take a disability retirement from
CalPERS may satisfy the ten (10) year continuous service requirement using a combination of service
with the City and service with any public agency with a reciprocal retirement system.
E. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee must
maintain coverage in a CalPERS medical insurance plan; once coverage is dropped, reimbursement
will cease and will not be reinstated.
Article 24. Retiree Health Savings Plan
Effective January 1, 2019, employees in the unit will have the option to make a payroll deduction and
contribute to a retiree health savings plan which will be set up by the City. Contributions are voluntary by
employees and the City will not make a contribution to the plan.
CHAPTER 4 — LEAVES OF ABSENCE
Article 25. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status for
at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a pay
period, his/her General Leave will be earned on a prorated basis for the pay period.
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Hours Per Year
TPSSMA MOU 2018-21
Maximum Accrual
0-5 years
160 hours
320 hours
6-10 years
208 hours
416 hours
Over 10 years
248 hours
496 hours
B. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Upon separation from the City service, the employee will be paid for unused General
Leave, not to exceed the maximum of two years entitlement, at the employee's then current base
salary rate.
C. The use of General Leave must be approved by the department head and due regard shall be given to
the employee's preference in scheduling such paid leave time.
D. General Leave Cash Out:
Employees in the unit are permitted to cash out General Leave as follows:
1. Until December 7, 2018:
Each Police Support Services Manager may request that he/she be paid for a maximum of eighty
(80) hours of accrued General Leave. Each Police Support Services Supervisor may request that
he/she be paid for a maximum of twenty (20) hours of accrued General Leave
In addition, each employee may request that he/she be paid for accrued General Leave based on
years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
Requests for cash out must be received no later than two weeks prior to the paycheck date when
the cash out is requested.
2. After December 7, 2018 and for Each Year Thereafter:
Starting in 2018 (for payment in 2019), on or before the pay period which includes December 15
of each calendar year, an employee may make an irrevocable election to cash out up the following
amount of General Leave which will be earned in the following calendar year at the employee's
base rate of pay:
a. Up to eighty (80) hours of accrued General Leave (Police Support Services Managers) or up to
twenty (20) hours of accrued General Leave (Police Support Services Supervisors); and
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b. Up to an additional amount of accrued General Leave based on years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
The employee can request that the cash out (of both 2 a and b above) be processed on any
paycheck beginning July 1 of the following calendar year through the end of that calendar year,
as long as the employee has accrued the number of hours they elected to cash out during the
calendar year of the cash out. However, if the employee's General Leave balance is less than the
amount the employee elected to cash out (in the prior calendar year) the employee will receive
cash for the amount of leave the employee has accrued at the time of the cash out. The employee
may request to be paid all at once or choose to be paid on two different paychecks.
Article 26. Administrative Leave
A. As exempt employees under the Fair Labor Standards Act (FLSA), Police Support Services Managers
are compensated for meeting the requirements and performing the duties of their jobs, regardless of
the number or scheduling of hours worked. Such employees may be required periodically or routinely
to work long or irregular hours, and to attend various meetings and functions outside of normal
"business hours" to fulfill their responsibilities. No overtime compensation shall be provided for Police
Support Services Managers unless otherwise required by State or Federal law.
B. In lieu of overtime compensation, the City will provide Police Support Services Managers with an
annual credit of forty (40) hours of paid Administrative Leave each January. During the first calendar
year of employment as an employee covered by this Resolution, employees will be granted a prorated
share of Administrative Leave at the time of appointment, with the amount dependent upon the
employee's hire date as follows:
Hire Date
Administrative Leave
1St Quarter (January — March) 40 hours
2"d Quarter (April —June) 30 hours
3rd Quarter (July — September) 20 hours
4t" Quarter (October— December) 10 hours
C. Each January, each Police Support Services Manager is eligible to receive up to an additional forty (40)
hours of Administrative Leave pursuant to the recommendation of the Police Chief, with such
recommendation based on the individual's prior year's job performance and his/her commitment of
time dedicated to City business in excess of his/her regular work schedule. After the conclusion of the
first calendar year of employment, employees shall be eligible for a prorated share of additional
Administrative Leave, in accordance with the same guidelines as those governing the initial granting
of Administrative Leave at time of appointment, as specified in this Section (e.g. an employee hired in
the 3rd Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in January
of Year 2). An employee whose performance is in need of improvement, pursuant to a performance
evaluation or performance improvement plan, is not eligible to receive additional Administrative
Leave. The accrual of Administrative Leave is limited to a maximum of eighty (80) hours at any time.
Use of Administrative Leave is completely discretionary upon the approval of the Police Chief.
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Article 27. Compensatory Time Off
A. Police Support Services Supervisors working overtime will be eligible to accrue Compensatory Time
Off in lieu of receiving overtime compensation at the rate of one and one half hour for each hour of
overtime worked. Employees may accrue up to ninety (90) hours of Compensatory Time Off.
B. Employees will be paid for all Compensatory Time Off in January 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.
C. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with
reasonable notice of such request. If reasonable notice is provided, the employee's request will not
be denied unless it would be unduly disruptive to the department to grant the request. "Reasonable
notice" is defined as at least two weeks' notice. A request to use Compensatory Time Off with less
than reasonable notice may still be granted within the discretion of the supervisor or manager
responsible for considering the request.
D. When a Police Support Services Supervisor separates from City service or remains employed by the
City, but promotes to Police Support Services Manager or moves to a position no longer represented
by TPSSMA, the employee shall be compensated for all accrued Compensatory Time Off at his/her
regular rate of pay.
Article 28. Holidays
A. The following days shall be Holidays for which full-time regular and probationary employees, in
permanent positions, will receive compensation either in pay or paid time off.
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
B. Except as otherwise provided, when a holiday falls on a Sunday, the following Monday will be
observed instead and when a holiday falls on a Saturday, the preceding Friday will be observed
instead.
C. Each Holiday has a value of nine (9) hours. If the number of hours paid on a holiday is less than the
hours that would be paid if the employee worked his/her regular shift, accrued Compensatory Time
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Off or General Leave will be used to ensure that hours paid will be equal to what the employee would
receive for his/her regular shift.
D. Except as provided for below in subparagraph D1, in December of each year, each full-time regular
and promotional probationary Police Support Services Supervisor may request Advance Holiday Pay,
a cash out of the employee's 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 Advance 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 January (January
— September holidays) and October (October — December holidays) of each year.
The Advance Holiday Pay request may only be for 1) all cash, 2) all General Leave, or 3) half cash and
half General Leave. The employee 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 unpaid leave immediately before and/or immediately after a holiday
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 previously
paid on the payroll immediately following the holiday (or as soon as the overpayment is discovered).
1. Exception: If at the time Advance Holiday Pay is being processed, the employee is on an unpaid
medical leave of absence without a documented return to work date (within the next 30 days),
the employee will not receive Advance Holiday Pay and will instead be paid for each Holiday as it
occurs if the employee is in a paid status at the time the Holiday occurs.
E. In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of holiday pay for employees who are
normally required to work on an approved holiday because they work in positions that require
scheduled staffing without regard to holidays shall be reported to CalPERS as Special Compensation.
The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) as a
"statutory pay" — a type of reportable special compensation. However, it is ultimately CalPERS who
determines whether any form of pay is reportable special compensation.
Article 29. Bereavement Leave
The City will allow up to five (5) days of paid leave for the purpose of Bereavement Leave for all unit
employees in the event of a death in the immediate family. For purposes of this section, "immediate
family" shall be defined as including spouse, registered domestic partner, mother, stepmother, father,
stepfather, brother, stepbrother, sister, stepsister, child, stepchild, grandparent, step grandparent,
grandchild, or step grandchild of the employee or the employees' spouse/registered domestic partner.
Article 30. Jury Duty Leave
The City's general policy on Jury Duty is as set forth in Section 8X4 of the Personnel Rules. A unit
employee who has been assigned to Jury Duty may request a change in regularly scheduled working hours
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to a Monday through Friday day shift schedule for the duration of such Jury Duty. Such requests shall be
granted if practicable.
CHAPTER 5 — WORKING CONDITIONS
Article 31. Work Schedules
A. The FLSA workweek for all members of the unit shall be 168 regularly recurring hours.
B. Employees maybe assigned any of the following work schedules:
a. 9/80 work schedule. The flex/off day is the same day every other week. In addition, the
employee's scheduled work hours cannot be changed on his/her flex/off day. For employees
working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in
length) shall begin exactly four hours after the start time of his/her eight hour shift on the day
of the week that corresponds with the employee's alternating regular day off.
b. 4/10 work schedule. For employees working the 4/10 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
c. 3/12.5 work schedule. For employees working the 3/12.5 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
C. Employees assigned to the 3/12.5 work schedule are scheduled to work 2080 hours per fiscal year. In
a seven day period (168 hours in length), employees are assigned three 12.5 hour work days.
Additionally, once in every four week period, the employees are also assigned one ten hour work day.
During the work week when the ten hour day occurs, employees will be regularly scheduled for forty-
seven and one-half hours. For non-exempt employees, this work schedule results in premium pay
required under the Fair Labor Standards Act (FLSA).
For employees who are classic members as defined by Public Employees' Pension Reform Act (PEPRA)
of 2013 the resulting FLSA premium pay earned from working their regularly scheduled hours (for
employees working the 3/12.5 work schedule) is defined as Special Compensation by CalPERS, in
accordance with Title 2 of the California Code of Regulations (2 CCR §571(a)(5)).
Employees assigned to the 3/12.5 hour work schedule will be paid a base hourly rate that results in
the total pay for 2080 hours of regularly scheduled work being as close to equivalent to the total pay
earned by employees working 2080 hours in the same classification assigned to the 4/10 work
schedule. Hourly rates for the classifications are identified in Appendix A.
D. Continuation of the work schedules is subject to the 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 work schedule.
E. Employees may be assigned to attend training on days other than their regularly scheduled work
days/shifts.
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F. No employee shall be permitted to work more than sixteen (16) consecutive hours except in an
emergency situation as determined by his/her supervisor.
G. The City will provide advance notice to affected employees prior to modifications to an employee's
regular work schedule. Whenever practicable, notice will be provided at least fourteen (14) days
before such schedule change goes into effect.
Article 32. Attendance
A. 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.
B. 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 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 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.
C. Absence without leave and without reasonable cause to report to work for three (3) consecutive
scheduled work days may be cause for immediate discharge.
Article 33. Rest Periods
A. Police Support Services Supervisors 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).
B. 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.
Article 34. Paid Lunch Break
A. Police Support Services Supervisors shall be entitled to receive compensation for a lunch break period
not to exceed 30 minutes. Employees receive a paid lunch break because they are required to be
working or available to respond immediately to calls for service during their lunch time.
B. 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.
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TPSSMA MOU 2018-21
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 35. Employee Rights
As the recognized representative of the employees covered by the Resolution, the City acknowledges and
recognizes the following employee rights:
1. TPSSMA 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.
2. TPSSMA shall be afforded the reasonable use of department bulletin boards for the posting of
notices, updates, meeting minutes and other material related to TPSSMA business.
3. TPSSMA 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 TPSSMA the use of City facilities
including meeting rooms for TPSSA membership, Board of Directors and committee meetings.
5. Employees shall have the right to representation by TPSSMA in processing grievances and
disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with a
TPSSA representative for discussion and consultation on grievances and disciplinary appeals.
6. TPSSMA 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.
7. All bargaining unit members shall have the right to join and participate in the activities of TPSSMA
free from management interference, intimidation, coercion, or discrimination.
8. TPSSMA shall have the right to distribute reasonable association information and newsletters at
the job site.
9. TPSSMA representatives shall have the right reasonable usage of department telephones for the
discussion of TPSSMA business.
10. TPSSMA representatives and consultants shall have the right of reasonable access to the
workplace.
11. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 36. Appeals and Hearings
A. Pre -Disciplinary Meetings and Disciplinary Appeals
1. Pre -Disciplinary Meeting
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TPSSMA MOU 2018-21
A full-time employee who has attained a regular appointment shall have the right to a pre -
disciplinary meeting 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 meeting will be conducted by the department head or
designee as soon as practicable after the action has been taken.
2. Procedure for Pre -Disciplinary Meetings
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, he/she 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.
3. Post -Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal
the action in writing to the Director of Human Resources.
4. 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.
5. Calendar Days
Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s).
B. Appeals Procedure
1. If a timely appeal is filed as provided in the Grievance Procedure (Article 36) or Pre -Disciplinary
Hearings and Disciplinary Appeals section (Article 35, Section A) the City Manager may hear the
appeal or appoint any City management/supervisory employee or arbiter who has not been
personally involved in the actions giving rise to the discipline to hear the appeal.
2. 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 Code
of Civil Procedure Section 1281.6.
3. In the event that the employee 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 list provided by the State Mediation and
TPSSMA MOU 2018-21
Conciliation Services through a process where the employee organization and the employer
strikes the name of an arbiter until only one name remains.
4. 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.
5. 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.
C. Hearings
1. 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.
2. 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.
3. 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.
4. 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 on her/his own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence shall be taken
only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of
the reporter will be split between the City and TPSSA.
5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons,
otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in a disciplinary appeal hearing. 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.
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TPSSMA MOU 2018-21
c. 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.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility oftestimony and
evidence. He/she shall base his/her findings on the preponderance of evidence. During
the examination of a witness, all other witnesses, except the parties, shall be excluded
from the hearing unless the 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 he/she believes to be important to reaching a fair and proper
decision.
f. The hearing officer shall have no authority to amend, alter, or modify the Memorandum
of Understanding or any sections of the City's Personnel Rules and shall limit his/her
recommendations to the interpretation and application of the Memorandum of
Understanding, agreement at issue and/or the City's Personnel Rules.
g. The hearing officer may recommend sustaining or modifying the disciplinary action.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director of
Human Resources. 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. However, the City Manager may extend the time to issue his/her decision beyond
the ten day period if he/she believes it is necessary. 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. The City Manager's decision is subject to review by a superior court pursuant to Code of Civil
Procedure Section 1094.6.
7. If the employee organization requests 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; any excess cost will be
shared equally by the City and the 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.
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TPSSMA MOU 2018-21
8. 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.
9. 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 37. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit employees.
A. 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 this Memorandum of Understanding (MOU), Personnel Rules, or
other agreements between the City and TPSSMA.
2. Position classification.
B. Definitions
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules or Memorandum of Understanding.
2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules, an agreement between the City and employee organization, or
this MOU.
3. Grievance Procedure: The process by which the validity of a grievance is determined and
resolution effected.
4. Day: Unless otherwise indicated, "day" or "days" when used in this section shall be calendar
day(s).
C. Procedure
1. 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.
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TPSSMA MOU 2018-21
The grievant shall submit the grievance form to his/her immediate supervisor. 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.
2. 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.
3. 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 management/supervisory employee (except the employee's department head), or an
arbiter to hear the grievance and submit a recommendation as to resolution of the grievance. At
the hearing, the grievant has the burden of proof and will present his/her case first.
D. 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 or
this MOU. Upon a showing of good cause to the Director of Human Resources, 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.
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TPSSMA MOU 2018-21
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.
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.
E. 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 this MOU or other provisions which have been negotiated between the
City and TPSSMA, TPSSMA 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 38. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal
attached to a performance evaluation with which the employee disagrees.
Article 39. Membership Meetings
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 MOU 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.
Members of the Association Board are permitted to attend one Board meeting per month. If the meeting
occurs during a Board member's work hours, he/she will be permitted to attend on release time (i.e., will
be paid for the time without having to use other leave or make up the time) as long as the Board member
informs his/her supervisor in advance and the supervisor determines based on workload that the Board
member can attend without creating a disruption to work.
Article 40. No Strike / Job Action
A. 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.
[Z7]
TPSSMA MOU 2018-21
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. 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.
D. The City agrees it will not lockout employees during the term of this MOU.
Article 41. Management Rights
Except as otherwise specifically provided in State and Federal laws, the City reserves and retains and is
vested with all rights of management which have not been expressly abridged by specific provisions of
this Resolution 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 Resolution, 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.
2. 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.
3. The right to take such further action as maybe necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
4. The right to modify the performance evaluation form.
5. The right to modify and update class specifications.
Article 42. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are hereby incorporated into this
MOU by reference.
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IN WITNESS WHEREOF, the parties hereto have executed this document this 111h day of August 2018.
FOR THE CITY OF TUSTIN
Jeffrey Parker, City Manager
Derick Yasuda, Director of Human Resources
Matthew West, Assistant City Manager
Karyn Roznos, Senior Management Analyst
Peter Brown, Liebert Cassidy Whitmore
1291
FOR THE TUSTIN POLICE SUPPORT SERVICES
MANAGEMENT ASSOCIATION
Connie Vit, President
John Garzone, Vice President
Karen Coffman, Secretary
Stephanie Distefano, Treasurer
Alysia Cornell, Member at Large
Kailey Kaczor, Member at Large
Kayleen Kuykendall, Member at Large
Denise Avila, Negotiations Team Member
Chris Grover, Supervisor Representative
Dave Kanoti, Manager Representative
TPSSMA MOU 2018-21
Bo Gutierrez, UELA General Manager
[30]
TPSSMA MOU 2018-21
APPENDIX A - HOURLY SALARY RANGES
Effective the pay period that includes July 1, 2018
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Police Support Services Manager
44.27
46.53
48.92
51.42
54.05
56.76
Police Support Services Supervisor
35.29
37.09
38.99
40.99
43.09
45.24
Effective the pay period that includes July 1, 2019
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Police Support Services Manager
45.59
47.93
50.38
52.96
55.67
58.46
Police Support Services Supervisor
36.34
38.21
40.16
42.22
44.38
46.60
Effective the pay period that includes July 1, 2020
Classification
Step A
Step 6
Step C
Step D
Step E
Step F
Police Support Services Manager
46.96
49.37
51.89
54.55
57.34
60.21
Police Support Services Supervisor
37.43
39.35
41.37
43.48
45.71
48.00
[31]
RESOLUTION NO. 18-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION,
CONCERNING WAGES, HOURS, AND TERMS AND
CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 15-50, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 15-50 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin
have met and conferred in good faith in
Meyers-Milias-Brown Act; and
Municipal Employees Association (TMEA)
accordance with the requirements of the
WHEREAS, the City and TMEA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2018 through June 30, 2021, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TMEA, effective July
1, 2018, is hereby approved and incorporated herein by reference as though fully
set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2018, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
Resolution 18-57
Page 1 of 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 11 th day of August 2018.
ELWYN A. MURRAY
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 18-57 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 11th day of
August 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-57
Page 2 of 2
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
TERM:
July 1, 2018 to June 30, 2021
TMEA MOU 2018-21
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS........................................................................................................ 3
Article1. Recognition...........................................................................................................................3
Article 2. Represented Classes............................................................................................................. 3
Article3. Entire Agreement.................................................................................................................4
Article4. Reopener.............................................................................................................................. 5
Article5. Severability...........................................................................................................................5
Article 6. Binding on Successors...........................................................................................................5
Article7. Amendments........................................................................................................................5
Article8. Contract Bar..........................................................................................................................5
Article9. Notices................................................................................................................................. 5
Article 10. Association Dues.................................................................................................................6
Article 11. Payroll Deductions..............................................................................................................6
CHAPTER 2 — COMPENSATION................................................................................................................. 6
Article12. Salary..................................................................................................................................6
Article 13. Overtime Compensation.....................................................................................................7
Article 14. Paid Overtime Meal............................................................................................................7
Article 15. Bilingual Compensation......................................................................................................7
Article 16. Certification Pay..................................................................................................................7
Article17. Standby Duty...................................................................................................................... 9
Article 18. Shift Differential Pay...........................................................................................................9
Article19. Call Back Duty...................................................................................................................
10
Article20. Acting Pay.........................................................................................................................
10
Article 21. Reclassification................................................................................................................
10
CHAPTER 3 — BENEFITS..........................................................................................................................
11
Article 22. Flexible Benefits Plan........................................................................................................
11
Article23. Retirement.......................................................................................................................
12
Article 24. Employee Life Insurance...................................................................................................
14
Article 25. Short -Term / Long -Term Disability Insurance....................................................................
14
Article 26. Tuition Reimbursement....................................................................................................
15
Article27. Cell Phones.......................................................................................................................
16
Article 28. Retiree Medical Insurance.................................................................................................
16
TMEA MOU 2018-21
Article 29. Retiree Health Savings Plan............................................................................................... 17
CHAPTER 4 — LEAVES OF ABSENCE......................................................................................................... 17
Article 30. General Leave
17
Article 31. Compensatory Time Off.................................................................................................... 18
Article32. Holidays............................................................................................................................ 19
Article33. Holiday Closure................................................................................................................. 19
Article 34. Bereavement Leave
CHAPTER 5 — WORKING CONDITIONS........
Article 35. Workweek & Work Schedules
19
20
20
Article36. Rest Periods...................................................................................................................... 20
Article37. Lunch Break...................................................................................................................... 20
Article38. Uniforms........................................................................................................................... 21
Article 39. Commercial Driver's License.............................................................................................. 22
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS................................................................................. 22
Article 40. Appeals Procedure....
Article 41. Grievance Procedure.
Article 42. Performance Evaluations
22
25
27
Article43. Meetings........................................................................................................................... 27
Article 44. No Strike/Job Action......................................................................................................... 28
Article 45. Management Rights.......................................................................................................... 28
Article46. Layoffs.............................................................................................................................. 29
APPENDIX A — HOURLY SALARY RANGES................................................................................................ 34
TMEA MOU 2018-21
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, in accordance with the provisions of California Government Code Sections 3500 et seq. and
Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin, the
City's employee representatives have met and conferred in good faith with the representatives of the
Tustin Municipal Employees Association (hereinafter sometimes referred to as TMEA) pertaining to the
subject of wages, benefits and conditions of employment; and
WHEREAS, the meetings between the Tustin Municipal Employees Association and the City
representatives have resulted in an agreement and understanding to recommend that the employees
represented by the Tustin Municipal Employees 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
represented classes.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to
implement the provisions of this Memorandum of Understanding (MOU) and modify the City's
Classification and Compensation Plans to reflect the changes approved in this MOU, and that the wages,
hours and conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
The Tustin Municipal Employees Association is the majority representative of employees in the
hereinafter listed classes for the purpose of representation on issues of wages, hours, and other terms
and conditions of employment and as such majority representative, the Tustin Municipal Employees
Association is empowered to act on behalf of employees in the General Employees Representation Unit,
whether or not they are individually members of the Tustin Municipal Employees Association.
Article 2. Represented Classes
A. The Tustin Municipal Employees Association represents the following full-time (and part-time
employees subject to paragraph B of this Article) classifications which are covered by this
agreement:
Accounting Specialist
Accountant
Administrative Assistant
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector
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TMEA MOU 2018-21
Building Permit Technician
Code Enforcement Officer
Equipment Mechanic
Equipment Operator
Executive Assistant
Information Technology Specialist
Maintenance Leadworker
Maintenance Worker
Management Analyst I
Management Assistant
Public Works Inspector
Recreation Facilities Leadworker
Recreation Program Specialist
Senior Accounting Specialist
Senior Building Inspector
Senior Maintenance Worker
Senior Management Assistant
Senior Public Works Inspector
Transportation Coordinator
Water Distribution Leadworker
Water Distribution Operator 1/11
Water Equipment Operator
Water Meter Reader
Water Treatment Operator 1/11
Part-time regular classifications, designated pursuant to the City budget, are those
classifications/positions that are anticipated to have work scheduled on a regular year-round basis,
for 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).
The City shall budget annually for all positions on a half (%) time, three quarter (%) time or full time
basis. Only those classifications designated as a regular allocated position shall be included for
representation in this unit.
Article 3. Entire Agreement
This MOU supersedes all prior agreements, whether written or oral, unless expressly stated to the
contrary herein, and constitutes the complete and entire agreement between the parties, and concludes
collective bargaining for its term unless otherwise expressly provided herein.
The City and the Association, for the duration of this MOU, each voluntarily and unqualifiedly 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 this MOU, including the impact of the City's exercise of its rights as set
forth herein on wages, hours or terms and conditions of employment. This paragraph does not waive
the right to bargain over any subject or matter not covered in this MOU which is a mandatory subject of
bargaining and concerning which the City is considering changing during the term of this MOU.
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TMEA MOU 2018-21
Article 4. Reopener
A. Prior to January 1, 2020 either side may request to meet and confer for the purpose of effecting
changes to this MOU to go into effect on January 1, 2020 or later.
The parties recognize that certain state and federal laws, programs, and regulations, including the
Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter
healthcare coverage options, cost, or other elements of healthcare services that materially alter the
provisions of this MOU, either party may request to re -open the article of the MOU regarding
medical insurance for the purpose of discussing alternative approaches and proposals to providing
healthcare coverage and the City will not unilaterally implement any changes with regard to this
article. In addition, should state or federal laws concerning taxation of healthcare benefits change,
the parties agree to meet and discuss the impact of such change.
C. Prior to formally notifying the Association of a decision to lay off a position, the City will notify the
Association two work days (48 hours) in advance of the decision, in an effort to provide an
opportunity for the Association to provide feedback, suggestions and/or to ask questions regarding
the impending decision.
Article S. Severability
If any part of this MOU 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
MOU shall not render invalid the remaining parts hereof.
Article 6. Binding on Successors
This MOU 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 7. Amendments
This MOU can be altered or amended only by written agreement between the parties hereto.
Article 8. Contract Bar
The recognition rights of the Tustin Municipal Employees Association shall not be subject to challenge
for a period of not less than twelve (12) months following the date of recognition or until the expiration
of this MOU, whichever is later; provided that recognition rights may be challenged between one
hundred and twenty (120) and one hundred and fifty (150) days prior to the expiration of the MOU and
that no MOU shall be construed to be a bar for a period of more than three (3) years. Existing
Memoranda of Understanding shall remain in effect even when the recognition rights of employee
organizations are changed in accordance with the provisions of this section.
Article 9. Notices
Notices hereunder shall be in writing, and if to the Tustin Municipal Employees Association, shall be
mailed to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA
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TMEA MOU 2018-21
92780; and, if to the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA
92780.
Article 10. Association Dues
Consistent with current practice, the City shall continue to deduct Association dues from member
paychecks and forward the dues to the Association.
Article 11. Payroll Deductions
A. Deductions of authorized amounts may be made from an employee's pay for the following
purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
3. Contribution to survivor benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues to TMEA.
12. Payment for non -return of uniforms and/or equipment issued.
13. Other purposes as may be authorized by the City and the employee.
B. In the event of a federally recognized natural disaster, employees may voluntarily elect to cash out
accrued General Leave or Compensatory Time Off hours for the purpose of donating the cash value
of the accrued leave to the relief fund of the employee's choice.
CHAPTER 2 — COMPENSATION
Article 12. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period which includes July 1, 2018, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
C. Effective the pay period which includes July 1, 2019, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
D. Effective the pay period which includes July 1, 2020, employees in the bargaining unit shall receive a
three percent (3.0%) base salary increase.
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TMEA MOU 2018-21
Article 13. Overtime Compensation
All unit employees shall receive overtime compensation at a rate of time and one-half for all approved
overtime hours worked in excess of forty (40) hours worked in a seven (7) day work period. Effective
the first pay period following adoption of this MOU, General Leave, Compensatory Time Off and Holiday
hours shall be counted as hours worked for purposes of determining overtime eligibility.
Overtime paid by this MOU in excess of the requirements of the FLSA (when an employee actually works
in excess of 40 hours in their defined FLSA workweek) is paid at 1.5 times the employee's base hourly
rate of pay.
Overtime paid per the requirements of the FLSA includes base pay plus any additional forms of pay
which are provided to employees and required to be included in the FLSA regular rate (i.e., overtime
rate).
Article 14. Paid Overtime Meal
The City will provide a meal, or provide reimbursement for a meal, in an amount not to exceed $15 for
unit employees who are required to work unscheduled overtime provided the work situation requiring
the overtime is such that the employee is held over, called in early, or called in on his/her day off,
without prior notice, so that the combined regular shift and overtime assignment totals a minimum of
four hours over the employee's regular work shift.
Article 15. Bilingual Compensation
The City shall pay one hundred dollars ($100) per month ($46.15 paid biweekly) to employees in City -
designated positions who demonstrate 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.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as
Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation. However, it is
ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 16. Certification Pay
The City believes it is beneficial for the City and its employees when an employee enhances his/her skill
set in a manner that adds useful education and/or additional skills to the City service beyond the
minimum requirements of an employee's classification.
A. One -Time Incentive Cash Payment
Eligible certifications must be obtained by testing (certifications issued by virtue of grandfathering
do not apply). It is the expectation that the employee participates in the training and/or classroom
instruction necessary to achieve certification on the employee's own time and at the employee's
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TMEA MOU 2018-21
own expense (classes may be eligible for reimbursement through the tuition reimbursement
program).
Eligible certifications must be obtained after employment (or after promotion), and be directly job-
related and specifically applicable to an employee's job assignment. Certification Pay may be
granted in an amount not to exceed a one-time incentive cash payment of up to $500 per
certification for non -probationary unit employees. Employees receiving Water Division Certification
Pay as described below are not eligible for the One -Time Incentive Cash Payment.
Administration, granting and amounts of Certification Pay are at the sole discretion of City
management.
The cash incentive payment, less applicable taxes, will be made payable to the employee the first
pay period after approval and submission of documentation suitable to the Director of Human
Resources. The amount of the award and tax deducted will be included on the W-2 form issued to
the employee.
Required certifications currently are as follows:
Associate Engineer
Building Inspector
Plan Checker
Senior Building Inspector
Water Distribution Leadworker
Water Distribution Operator I
Water Distribution Operator II
Water Equipment Operator
Water Treatment Operator I
Water Treatment Operator I I
CA Professional Engineer Registration
ICC*/ICBO**
— Building Inspection Certification
ICC*/ICBO**
— Licensed Plans Examiner
ICC*/ICBO**
— Building Inspection Certification
CA DHS*** —Grade
D2
CA DHS*** —Grade
D1
CA DHS*** —Grade
D2
CA DHS*** —Grade
D2
CA DHS*** —
Grade D1 & T1
CA DHS*** —
Grade D2 & T2
*ICC— International Code Council
**ICBO — International Conference of Building Officials
***CA DHS— California Department of Health Services
B. Water Division Certification Pay
The following classifications will be eligible to receive one level of certification pay which will be paid
monthly for possessing certification above the level required for their position. Advancement to the
next level can only be reached progressively as follows:
LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4
D2 D3 D4 T1 &
above
Water Distribution Leadworker
n/a
$50
$75
$100
Water Distribution Operator 1
$50
n/a
n/a
n/a
Water Distribution Operator 11
n/a
$50
$75
$100
Water Equipment Operator
n/a
$50
$75
$100
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TMEA MOU 2018-21
LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5
T2 D2 T3 D3 D4
Water Treatment Operator 1 $50 $75 n/a n/a n/a
Water Treatment Operator II n/a n/a $50 $75 $100
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of the water division certification pays shall
be reported to CalPERS as Special Compensation. The parties agree that this pay is described in
Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as a "special assignment pay, water certification
premium" — a type of reportable special compensation. However, it is ultimately CalPERS who
determines whether any form of pay is reportable special compensation.
C. Backflow Certification Pay
Individuals in the classifications of Water Distribution Leadworker, Water Distribution Operator 1/11,
Water Equipment Operator, or Water Treatment Operator 1/11 who possess a Backflow certification
are also eligible to receive Backflow Certification Pay of $50 per month. This certification pay shall
be in addition to the Water Division Certification Pay listed above.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of backflow certification pay shall be
reported to CalPERS as Special Compensation. The parties agree that this pay is described in Title 2
CCR, Section 571(a)(4) and 571.1(b)(3) as a "special assignment pay, water certification premium" —
a type of reportable special compensation. However, it is ultimately CalPERS who determines
whether any form of pay is reportable special compensation.
Article 17. Standby Duty
Employees assigned to Standby 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 (including the
holiday closure) shall be at the rate of two (2) hours of straight -time compensation for each eight (8)
hours of Standby Duty. Additionally, an employee who is standing by and is required to log on to the
SCADA System shall be credited with a minimum of one-half (1/2) hour of work time or the actual time
spent in system operation, whichever is greater. Said minimum will apply to each log -in provided that
only one minimum will be credited during any thirty minute period.
Article 18. Shift Differential Pay
Any unit employee assigned on a regular basis (ten or more continuous working days) to a shift that
includes at least eight hours between 2:30 p.m. and 3:00 a.m. shall receive Shift Differential Pay of
twenty-five dollars ($25) 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.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CalPERS
as Special Compensation. The parties agree that shift differential is described in Title 2 CCR, Section
571(a)(4) and 571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation.
However, it is ultimately CalPERS who determines whether any form of pay is reportable special
compensation.
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TMEA MOU 2018-21
Article 19. Call Back Duty
Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for
any call (fifteen (15) or more minutes beyond the end of their shift) which requires them to return to
duty. Call Back Pay begins when an employee returns to work and does not include travel time. Call
Back Pay does not apply to regular or pre -scheduled work.
Article 20. Acting Pay
A. An employee assigned to temporarily work in a higher classification will receive Acting Pay of 5% of
base pay. This rate will be paid after the employee has been in the assignment for nine (9)
consecutive calendar days. Acting Pay shall only be provided if the employee is performing the full
scope and functions of the higher-level classification. An employee's base salary combined with
Acting Pay can never exceed the salary range of the acting classification.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CalPERS
as Special Compensation for classic members as defined under the Public Employees' Pension
Reform Act (PEPRA) of 2013. The parties agree that acting pay ("Temporary Upgrade Pay") is
described in Title 2 CCR, Section 571(a)(3) as a "premium pay" — a type of reportable special
compensation. This pay is not reportable as special compensation for employees defined as "new
members" under PEPRA. However, it is ultimately CalPERS who determines whether any form of
pay is reportable special compensation.
B. The City will provide Acting Pay for one (1) Maintenance Worker or Senior Maintenance Worker
performing street sweeper operations in a "fill-in" capacity for no more than fifty-two (52)
occurrences in a calendar year. The hourly rate of pay shall be at Step F of Equipment Operator.
Article 21. Reclassification
A. Water Distribution Operator I
Employees in the classification of Water Distribution Operator I become eligible to be reclassified to
the classification of Water Distribution Operator II upon recommendation of the Director of Public
Works after meeting the following requirements: 1) successful completion of the probationary
period as a Water Distribution Operator I, 2) possession of a valid Class A or Class B California
commercial driver's license, and 3) possession of a valid Water Distribution Operator II certificate.
The effective date of the reclassification is the beginning of the pay period after the Human
Resources Department receives and approves the reclassification request form. Upon
reclassification, the employee will be placed at the salary step of Water Distribution Operator II that
is closest to the employee's current salary. A reclassified employee will not be required to serve a
new probationary period and the employee's dates for performance evaluations and merit increases
will remain on the same schedule.
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TMEA MOU 2018-21
B. Maintenance Worker
Employees in the classification of Maintenance Worker become eligible to be reclassified to Senior
Maintenance Worker upon recommendation of the department and successfully meeting the
following requirements: 1) successfully completed their probationary period as Maintenance
Worker, 2) possess a commercial driver's license (class A or B) with tank endorsement, and 3)
demonstrate that they can perform the full range of skilled and technical duties of a Maintenance
Worker which includes a "meet expectations" on the two most recent performance evaluations.
The effective date of the reclassification is the beginning of the pay period after the Human
Resources Department receives and approves the reclassification request form. Upon
reclassification, the employee will be placed at the salary step of Senior Maintenance Worker that is
closest to the employee's current salary. A reclassified employee will not be required to serve a new
probationary period and the employee's dates for performance evaluations and merit increases will
remain on the same schedule.
CHAPTER 3 — BENEFITS
Article 22. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System (CaIPERS) for the
provision of medical insurance. All employees in the bargaining unit shall receive the minimum
amount required under the Public Employees' Medical and Hospital Care Act (PEMHCA), $133 for
calendar year 2018 and a yet to be determined amount for subsequent calendar years, as well as an
additional amount which is provided under a Section 125 Flexible Benefits program. The amounts
below include the minimum amount under PEMHCA.
B. Effective the pay period that includes July 1, 2018, the Flexible Benefits contribution per month per
eligible employee are as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$950
$1,200
$1,400
C. Effective the pay period that includes July 1, 2019, the Flexible Benefits contribution per month per
eligible employee will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,050 $1,300 $1,500
D. Effective the pay period that includes July 1, 2020, the Flexible Benefits contribution per month per
eligible employee will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,150 $1,400 $1,600
TMEA MOU 2018-21
Designated part-time regular employees shall be eligible for the Flexible Benefits contribution on a
pro -rata share based upon position allocation (i.e., a % time employee shall receive a 50%
contribution; a % time employee shall receive a 75% contribution).
E. Employees who do not take medical insurance through the program offered by the City shall receive
$450 per month as the Flexible Benefits Opt -Out contribution. As a condition of receiving such
amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. For medical
coverage, if an employee elects to opt out of coverage offered by the City, he/she must provide proof of
"minimum essential coverage" (as defined by the Affordable Care Act) through another source (other
than coverage in the individual market, whether or not obtained through Covered California).
Designated part-time regular employees shall be eligible for the Flexible Benefits Opt -Out
contribution on a pro -rata share based upon position allocation (i.e., a % time employee shall
receive a 50% contribution; a % time employee shall receive a 75% contribution).
F. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). Employees may
allocate the remaining amount among the following City -sponsored programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending
reimbursement programs)
6. Eligible catastrophic care programs
7. Cash
Account programs (medical and/or dependent care
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.
G. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration
of this MOU unless changed by mutual agreement of the City and Association. The City retains the
right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is
voluntary and employee -funded.
Article 23. Retirement
A. Employees covered under this MOU 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.
B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the
CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous
members. The plan includes both an employer and employee contribution.
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TMEA MOU 2018-21
1. These employees are responsible for paying the employee contribution of seven percent (7%) of
the employee's wages through a pre-tax payroll deduction. The City has adopted the CalPERS
resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee
contribution is made on a pre-tax. The plan has been amended to include Section 21573 (Third
Level of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for paying the
employee portion of the 1959 Survivor benefit premium.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of ten percent (10%). If, at any time in the future, the
Association informs the City that it no longer agrees to this cost sharing agreement, effective on
the date of the elimination of the cost sharing (which would need to coincide with the expiration
date of the MOU) these employees' base salary would be reduced by three percent (3%).
C. Miscellaneous members employed by the City on or after January 1, 2012 who are "classic
members" as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be
enrolled in the CalPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an
employer and employee contribution.
1. These employees are responsible for paying the employee contribution of 7% of the employee's
wages through a payroll deduction. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or as designated by the employee in accordance with
Government Code Section 20037. The plan provides for 3 d level of 1959 Survivor benefits with
the employee paying the employee portion of the premium.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of ten percent (10%). If, at any time in the future, the
Association informs the City that it no longer agrees to this cost sharing agreement, effective on
the date of the elimination of the cost sharing (which would need to coincide with the expiration
date of the MOU) these employees' base salary would be reduced by three percent (3%).
D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2% @ 62 plan for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of one-half of the total
normal cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay
period including July 1, 2018, the employee contribution is 5.75%. This amount will be
determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
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TMEA MOU 2018-21
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement or as designated by the employee in accordance with
Government Code Section 7522.32(a). The plan provides for 3 d level of 1959 Survivor benefits
with the employee paying the employee portion of the premium.
E. Designated part-time regular employees shall be eligible for participation in CalPERS in the same
manner as regular full-time employees.
Article 24. Employee Life Insurance
The City will provide life insurance for each unit employee and pay the required premiums. The death
benefit of said policy for employees shall be equal to one hundred thousand dollars ($100,000). The City
will also provide $1,000 per dependent of dependent life insurance.
Article 25. Short -Term / Long -Term Disability Insurance
A. The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non-
industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of
the STD/LTD insurance carrier.
B. An employee who is receiving STD benefits under the City's program will be granted a leave of
absence for the duration of his/her non -industrial disability subject to a maximum period of six (6)
months. Such leave of absence may be extended for an additional six (6) months under LTD, upon
approval of the City Manager.
C. All unit employees are required to participate in the program. Premiums are deducted from the
employee's pay on an after-tax basis.
D. In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave (General Leave or Compensatory Time
Off) during the 30 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 for 80 consecutive hours.
E. After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the
employee shall be compensated by the City at the rate of 60% of the employee's pre -disability base
salary. This City payment is taxable income. The employee may supplement this City payment with
accrued leave to enable him/her to receive an amount equivalent to no more than 100% of his/her
pre -disability earnings.
F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently
with FMLA/CFRA leave.
G. For a new employee who has worked for the City for less than 12 consecutive months, and is
therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the
same Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a
period not to exceed 90 days. Should an employee receive 90 days of City -paid Flexible Benefits
within the 12 month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is
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TMEA MOU 2018-21
subsequently eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall
reimburse the City for his/her previous contribution.
H. Once the employee is on leave without pay, or the first 80 hours of leave has passed (whichever
occurs first), no paid leave shall accrue to the employee.
I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of
60% of pre -disability base salary. The employee may supplement the STD/LTD carrier's payment
with accrued paid leave to enable him/her to receive an amount equivalent to no more than 100%
of his/her pre -disability earnings.
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. In the event the employee
chooses 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/LTD program). In the event timely payment
is not made, the City is authorized to reduce the employee's accrued paid leave accounts, in an
amount equivalent to the premiums owed by the employee. In the event no paid leave is available,
the City is authorized to cancel the employee's coverage.
K. An employee is only eligible for the City's 60% STD/LTD salary continuation benefit once in any
rolling 12 -month period.
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 part-time regular employees
shall be eligible for tuition reimbursement on a pro -rata share based upon position allocation (i.e., a
time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation).
Employees will be eligible for reimbursement of eligible expenses by the City for professional and
technical courses subject to the following conditions:
1. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade and after completion of the initial
probationary period. Requests to enroll in courses may be granted prior to the completion of
probation; however, payment will not be made until the employee has completed the
probationary period and attained regular status.
2. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same courses.
3. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for
attending graduate school, a four-year college or university, or a job-related program through
University of California or California State University extended education programs and $2,000
per year for attendance at a California Community College. This reimbursement benefit maybe
used for other job-related educational programs administered by other professional
organizations with the express approval of the City Manager. If an employee separates from
City service within one calendar year of receiving this Tuition Reimbursement benefit, the
employee is responsible for refunding the City the full amount of the benefit that was paid.
Funds will be deducted from the employee's final paycheck to cover the re -payment of the
tuition reimbursement.
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TMEA MOU 2018-21
4. The City has 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.
5. Approval from the department head, Director of Human Resources, and City Manager (when
required) should be obtained prior to enrollment in the course or program to ensure the City
will approve the reimbursement request.
Article 27. Cell Phones
A. Employees who are required by the City to use a cell phone for work for more than nominal usage
(as determined by the employee's Department Head) will be provided (at each employee's choice)
with a cell phone or a cell phone stipend as addressed below.
B. If a cell phone stipend is chosen, employees will receive $12 per pay period ($26 per month), which
is taxable income. The stipend is designed to contribute to an employee's cell phone plan. It is not
designed to fully pay for the plan. Any additional charges an employee incurs are his/her own
responsibility and those additional charges are not eligible for reimbursement.
Article 28. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $250 per month for the
payment of CaIPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($133 for
calendar year 2018 and a yet to be determined amount for subsequent calendar years).
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for five (5) full years, retires from the City and
CaIPERS, and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CaIPERS may satisfy the five (5) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CaIPERS, and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible
employees, who suffer a disability, are unable to return to work, and take a disability retirement
from CaIPERS may satisfy the ten (10) year continuous service requirement using a combination of
service with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's Cal PERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee
must maintain coverage in a CaIPERS medical insurance plan; once coverage is dropped,
reimbursement will cease and will not be reinstated.
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Article 29. Retiree Health Savings Plan
Effective January 1, 2019, employees in the unit will have the option to make a payroll deduction and
contribute to a retiree health savings plan which will be set up by the City. Contributions are voluntary
by employees and the City will not make a contribution to the plan.
CHAPTER 4 — LEAVES OF ABSENCE
Article 30. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status
for at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a
pay period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years
160 hours
320 hours
6-10 years
208 hours
416 hours
Over 10 years
248 hours
496 hours
B. Designated part-time regular employees shall be eligible for General Leave on a pro -rata share
based upon position allocation (i.e., a % time employee shall receive a 50% allocation; a % time
employee shall receive a 75% allocation).
C. At any time, employees may accumulate General Leave to a maximum of two times the employee's
annual entitlement. Upon reaching the maximum, accrual will cease until leave is used to reduce
the accrual below the maximum. Upon separation from City service the employee will be paid for
unused Leave, not to exceed the maximum of two years entitlement, at the employee's then current
base salary rate.
D. General Leave Cash Out:
Employees in the unit are permitted to cash out General Leave as follows:
1. Until December 7, 2018:
Each employee may request that he/she be paid for a maximum of twenty (20) hours of accrued
General Leave.
In addition, each employee may request that he/she be paid for accrued General Leave based
on years of service as follows:
0-5 years 40 additional hours per year
6-10 years 50 additional hours per year
Over 10 years 60 additional hours per year
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Requests for cash out must be received no later than two weeks prior to the paycheck date
when the cash out is requested.
2. After December 7, 2018 and for Each Year Thereafter:
Starting in 2018 (for payment in 2019), on or before the pay period which includes December 15
of each calendar year, an employee may make an irrevocable election to cash out up the
following amount of General Leave which will be earned in the following calendar year at the
employee's base rate of pay:
a. Up to twenty (20) hours of accrued General Leave; and
b. Up to an additional amount of accrued General Leave based on years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
The employee can request that the cash out (of both 2 a and b above) be processed on any
paycheck beginning July 1 of the following calendar year through the end of that calendar year,
as long as the employee has accrued the number of hours they elected to cash out during the
calendar year of the cash out. However, if the employee's General Leave balance is less than
the amount the employee elected to cash out (in the prior calendar year) the employee will
receive cash for the amount of leave the employee has accrued at the time of the cash out. The
employee may request to be paid all at once or choose to be paid on two different paychecks.
E. Each calendar year, employees in the classifications of Accountant, Accounting Specialist, and Senior
Accounting Specialist are required to take off a minimum of five (5) consecutive work days that the
employee is regularly scheduled to work. Employees may satisfy this requirement with any
approved time off. Employees are exempt from this requirement during their first calendar year of
employment as a full-time employee with the City of Tustin.
Article 31. Compensatory Time Off
A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving
overtime compensation at the rate of one and one-half (1 %) hours for each hour of overtime
worked. Employees may accrue up to ninety (90) hours of Compensatory Time Off. Employees will
be paid for all Compensatory Time Off in January 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.
B. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with
reasonable notice of such request. "Reasonable notice" is defined as at least two weeks' notice. If
reasonable notice is provided, the employee's request will not be denied unless it would be unduly
disruptive to the department to grant the request. A request to use Compensatory Time Off with
less than two weeks' notice may still be granted within the discretion of the supervisor or manager
responsible for considering the request.
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C. When an employee separates from City service or remains employed by the City, but moves to a
position no longer represented by TMEA, an employee shall be compensated for all accrued
Compensatory Time Off at his/her regular rate of pay.
Article 32. Holidays
The following days shall be holidays for which all employees will receive compensation either in pay or
paid time off:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Martin Luther King Jr. Day
Presidents' 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. If a holiday falls on a day that is also
a bargaining unit member's regular day off, the employee will accrue nine (9) hours to his/her General
Leave bank for the holiday. If a holiday falls on an employee's regularly scheduled working Friday, the
employee will receive eight (8) hours of holiday pay and accrue one (1) hour to his/her General Leave
bank.
Employees working a 4/10 work schedule will not need to use any General Leave time to cover the
holiday.
Designated part-time regular employees shall be eligible for holidays on a pro -rata share based upon
position allocation (i.e. a % time employee shall receive a 50% allocation; a % time employee shall
receive a 75% allocation).
Article 33. Holiday Closure
City Hall will be closed on the days between Christmas Day and New Year's Eve. An employee regularly
assigned to work on one or more days during this time period shall use accrued paid leave for his/her
regularly scheduled hours for each day he/she would otherwise have been scheduled to work.
Article 34. Bereavement Leave
The City will allow up to five (5) days of paid leave for the purpose of Bereavement Leave in the event of
a death in the immediate family. For purposes of this section, "immediate family" shall be defined as
including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, step
brother, sister, step sister, child, stepchild, grandparent, step grandparent, grandchild and step
grandchild of the employee or the employee's spouse/registered domestic partner. Designated part -
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time regular employees shall be eligible for Bereavement Leave on a pro -rata share based upon position
allocation (i.e. a % time employee shall receive a 50% allocation; a % time employee shall receive a 75%
allocation).
CHAPTER 5 — WORKING CONDITIONS
Article 35. Workweek & Work Schedules
A. The workweek for all members of the unit shall be 168 regularly recurring hours. For employees
working a schedule other than the 9/80 work schedule, the workweek shall begin on Sunday at
12:00 a.m. and end at 11:59 p.m. the following Saturday. For employees working the 9/80 work
schedule, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four
(4) hours after the start time of his/her eight (8) hour shift on the day of the week that corresponds
with the employee's alternating regular day off.
B. Field Services employees (and effective the first pay period following City Council adoption of this
MOU, Water Services employees) shall work a 4/10 work schedule. Employees shall be assigned to a
Monday through Thursday shift or a Tuesday through Friday shift.
C. Any employee's work schedule may be temporarily changed to accommodate training assignments
which are eight (8) or more hours in duration.
D. The City will provide a seven (7) day notice to affected employees prior to modifications to an
employee's regular work schedule.
E. Individuals wishing to flex hours or modify their work schedule from one day to another (for
example, work 8 hours on Tuesday and 10 hours on Thursday) must receive advance authorization
from their supervisor. An employee's request to modify a work schedule or flex his/her schedule is
not intended, nor shall it be allowed, to enable an overtime liability to the City pursuant to the MOU
or the FLSA.
Article 36. Rest Periods
During each work shift of at least eight (8) hours, two (2) fifteen (15) minute rest periods will be
scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no
additional compensation will be provided for rest periods not taken.
Article 37. Lunch Break
The City has agreed to Field Services and Water Services employees taking a one-half hour lunch in the
field. This is in recognition of the fact that the City anticipates increased efficiency, because, as a
general rule, employees will not return to the Corporation Yard for the lunch break.
Unit employees (other than Field Services and Water Services employees) are scheduled to take a one
(1) hour lunch period. Individuals wishing to flex a portion of their lunch hour (for example — reduce
lunch to % hour and leave % hour early for the day) must receive advance authorization from their
supervisor.
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Article 38. Uniforms
A. The City will make raingear and overalls available for use by Building Inspectors, Senior Building
Inspectors and Public Works Inspectors.
B. The City will provide eleven (11) sets of pants/shorts and shirts for each Field and Water Services
division employee, ten sets of pants/shirts for Custodians and Water Meter Readers, and two shirts
for the Transportation Coordinator required to wear a uniform and the City will pay the cost of
renting and cleaning the standard -issue employee uniforms. Each employee may designate a
combination of pants and shorts for the term of the contract with the uniform vendor. This
combination may not be changed during the term of the contract with the uniform vendor. Field
and Water Service division employees may substitute one pants/shirt set with a pair of coveralls.
Each employee must have long pants immediately available for wear on a daily basis. Additional
uniforms, laundering, or special services shall be at the employee's expense.
C. Unit employees who separate from City service shall be responsible for the return of all uniforms
and equipment issued and/or purchased on behalf of the employee. Failure to return uniforms
and/or equipment issued will result in a reduction equivalent to the dollar value of the cost of those
items not returned from the employee's final paycheck.
D. The City shall provide safety boots/shoes to employees in the unit who need them to effectively
perform their job. Classifications required to wear safety boots/shoes include the following:
Equipment Mechanic, Equipment Operator, Maintenance Leadworker, Maintenance Worker, and
Senior Maintenance Worker in the Field Services Division; Water Distribution Leadworker, Water
Distribution Operator 1/11, Water Equipment Operator, and Water Treatment Operator 1/11 in the
Water Services Division; Public Works Inspector and Senior Public Works Inspector in the
Engineering Division; Building Inspector, Senior Building Inspector, and Code Enforcement Officer in
the Community Development Department; Water Meter Reader in the Finance Department,
Recreation Facilities Lead in the Parks and Recreation Department, and any other classification to
which the parties agree. The City shall replace safety boots/shoes one time each twelve (12)
months if necessary and re-heel/re-sole the safety boots/shoes one time each six (6) months if
necessary. Employees may also request a new insole for their boots/shoes in lieu of a new pair of
boots/shoes or a re-heel/re-sole of boots/shoes. Unit employees who separate from City service
with less than six (6) months of service shall return safety shoes or the City shall deduct a pro -rata
share of the purchase price of the shoes from the employees' final paycheck.
E. The City shall use appropriate documents for employees to sign to enable the City to take any
necessary payroll deductions should the employee not return his/her uniforms.
F. In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), for "classic members" as defined by the Public Employees'
Pension Reform Act of 2013, the monetary value of the rental and maintenance of the required
uniforms shall be reported to CalPERS as Special Compensation. The parties agree that this pay is
described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special
compensation. However, it is ultimately CalPERS who determines whether any form of pay is
reportable special compensation.
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Article 39. Commercial Driver's License
A. Employees who have a Commercial Driver's License (whether voluntarily or due to job
requirements) will be reimbursed for the difference between the cost of the license and a regular
non-commercial driver's license. Additionally, the City will provide training and pay for physical
examinations necessary to obtain and maintain the Commercial Driver's License for incumbent non -
probationary employees.
B. The classifications required to maintain a California Class A or Class B license include (but are not
limited to) Equipment Mechanic, Equipment Operator, Maintenance Leadworker, Senior
Maintenance Worker, Transportation Coordinator, Water Distribution Leadworker, Water
Distribution Operator 1/11, Water Equipment Operator, and Water Treatment Operator 1/11.
C. Pursuant to State and/or Federal law, in the event an employee is unable to obtain and/or maintain
the license required of his or her classification, the City will attempt to make appropriate
accommodations as required under the law if possible.
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 40. Appeals Procedure
A. Pre -Disciplinary Meeting and Disciplinary Appeals
1. Pre -Disciplinary Meeting
An employee who has attained a regular appointment shall have the right to a pre -disciplinary
meeting 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 meeting will be conducted by the department head or
designee as soon as practicable after the action has been taken.
2. Procedure for Pre -Disciplinary Meetings
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, he/she 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.
3. Post -Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal
the action in writing to the Director of Human Resources.
4. 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
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termination, the employee shall cease to be an employee of the City on the effective date of the
termination.
5. Calendar Days
Unless otherwise indicated, "day" or "days" when used in this section shall be calendar day(s).
B. Appeals Procedure
1. If a timely appeal is filed as provided in the Grievance Procedure (Article 41) or the Pre -
Disciplinary Hearings and Disciplinary Appeals section (Article 40, Section A) the City Manager
may hear the appeal or appoint any City management/supervisory employee or arbiter who has
not been personally involved in the actions giving rise to the discipline to hear the appeal.
2. 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 Code
of Civil Procedure Section 1281.6.
3. In the event that the employee requests that an arbiter hear the appeal, such a request will be
honored provided the request is made within twenty (20) days of the receipt of the department
head's decision. The arbiter shall be chosen from a panel of seven (7) arbiters from a list
provided either by the American Arbitration Association or the State Mediation and Conciliation
Service. The parties shall alternately strike names until one arbiter remains.
4. 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.
5. Within twenty (20) 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.
C. Hearings
1. 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.
2. 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.
3. 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
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officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the
admission and exclusion of evidence.
4. 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 on her/his own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence shall be taken
only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of
the reporter will be split between the City and TMEA.
5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons,
otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in the hearing. 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.
c. 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.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of testimony
and evidence. He/she shall base his/her findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing unless the 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 he/she believes to be important to reaching a fair and
proper decision.
f. The hearing officer shall have no authority to amend, alter, or modify the Memorandum
of Understanding or any sections of the City's Personnel Rules and shall limit his/her
recommendations to the interpretation and application of the Memorandum of
Understanding, agreement at issue and/or the City's Personnel Rules.
g. The hearing officer may recommend sustaining or rejecting or modifying the disciplinary
action.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director
of Human Resources, who will forward them to the City Manager. 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. However, the City
Manager may extend the time to issue his/her decision beyond the ten day period if he/she
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believes it is necessary. 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. The City Manager's
decision is subject to review by a superior court pursuant to Code of Civil Procedure Section
1094.6.
7. If the City Manager chooses to have the appeal heard by an arbiter, the City shall bear the cost
of the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and
TMEA. 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; any excess cost
will be shared equally by the City and TMEA. 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.
8. 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.
9. 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 41. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit employees.
A. 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), the Personnel Rules,
or other agreements between the City and the employee organization.
2. Position classification.
B. Definitions
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules or this MOU.
2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules, an agreement between the City and the employee
organization, the MOU or violation or potential violation of state or federal law.
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3. Grievance Procedure: The process by which the validity of a grievance is determined and
resolution effected.
4. Day: Unless otherwise indicated, "day" or "days" when used in this section shall be calendar
day(s).
C. Procedure
1. 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.
2. 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.
3. 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 management/supervisory employee (except the employee's department
head), or an arbiter, to hear the grievance and submit a recommendation as to resolution of the
grievance. At the hearing, the grievant has the burden of proof and will present his/her case
f rst.
D. 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 or this MOU. Upon a showing of good cause to the Director of Human Resources, 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
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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.
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.
E. 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 42. 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.
An employee may appeal his/her performance evaluation to his/her department head (or another
department head if the employee's department head prepared the evaluation).
Article 43. Meetings
A. TMEA shall be entitled to four (4) City-wide membership meetings each calendar year. These
meetings are in addition to the MOU ratification meeting allowed TMEA. TMEA shall provide a
minimum of two (2) weeks' advance notice to the City of such meetings. Employees will be allowed
up to one (1) hour of release time to attend each such meeting.
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B. Employees who are invited by the City to attend meetings during working hours that are designed to
promote effective communication and cooperation between the City and TMEA shall receive paid
release time for their attendance.
C. In addition to release time for negotiations, team members shall be permitted thirty (30) minutes
before and thirty (30) minutes after negotiations for preparation and consultation.
D. Members of the Association Board are permitted to attend one Board meeting per month during
lunch. If the meeting occurs during a Board member's work hours, he/she will be permitted to
attend on release time (i.e., will be paid for the time without having to use other leave or make up
the time) unless releasing the employee from work would be unduly disruptive to the departments'
operations. A Board member must provide reasonable advance notice to his/her supervisor if
he/she plans to attend a Board meeting.
E. If the Association President or Board member of the Association needs to attend a meeting not
addressed above, he/she must request permission in advance and the discretion to grant permission
to attend remains with the employee's supervisor. Permission to attend will not be unreasonably
denied.
Article 44. No Strike/Job Action
A. 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 (including sympathy slowdowns and/or sympathy strikes).
B. Any employee who participates in any of the conduct prohibited above shall be subject to discipline
up to and including termination.
C. 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 45. Management Rights
The City has the exclusive right to establish Personnel Rules and department regulations, including
subsequent amendments and revisions. In addition, except as otherwise specified in this MOU, the City
has the exclusive right to:
1. Contractor subcontract construction, services, maintenance, distribution or any other work with
outside public or private entities;
2. Suspend 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;
3. Determine staffing and direct the work force, including the right to hire, promote, demote,
evaluate, transfer, lay off or discharge any employee;
[28]
TMEA MOU 2018-21
4. 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;
5. Modify the performance evaluation form; and
6. Modify and update class specifications.
Article 46. Layoffs
A. Authority to Lay Off
The City Manager may lay off employees at any time for lack of work, budgetary reasons,
technological changes or other City actions that necessitate a reduction in the work force.
B. Definitions
1. Original probationary period — an employee's first probation period during continuous City
employment.
2. Promotional probationary period — the probationary period served upon promotion from one
City position to another.
3. Seniority — length of continuous paid service with the City from date of hire into any bargaining
unit position. For purposes of this section, time served on a military leave of absence and a leave
of absence due to a workers' compensation injury shall be considered City service. An employee
shall continue to accrue seniority during any unpaid leave of absence of 30 days or less taken for
any purpose; however, seniority will cease to accrue after 30 days of unpaid leave.
C. Designation of Positions for Layoff
When it becomes necessary to reduce the work force, the City Manager shall designate the
position(s) or classification(s), and division(s), department(s), or other organizational unit(s) in which
positions are to be eliminated. Contract, provisional, and temporary employees in the same
classification as the positions proposed for elimination within the affected organizational unit shall
be laid off first. Probationary promotional employees who are laid off shall be returned to the
position held prior to their promotion.
D. Order of Layoff
1. The names of all original probationary employees occupying positions in the affected class shall
be listed in alphabetical order. The City Manager or his/her designee shall select from this list
one employee, regardless of his/her place on the list, to be laid off for each position to be
abolished.
2. If the positions to be abolished exceed the number of employees available for layoff after layoff
of original probationary employees as described above, a "Subject to Layoff List" shall be
prepared. The list shall be composed of all regular and promotional probationary employees in
the class from which a position is to be abolished. Names of the employees shall be listed in
[29]
TMEA MOU 2018-21
reverse order of their lengths of City service; i.e., those having the least seniority will be listed
f rst.
3. In selecting employees to be laid off, those employees at the top of the list shall be laid off first.
When employees have equal seniority, the City Manager will select the employee to be laid off
with consideration given to the employee's past performance and in consultation with the
concerned department head.
4. The names of laid off employees shall be listed on a re-employment list in the reverse order of
their dates of layoff.
E. Bumping Rights
Any employee subject to layoff who has held regular status in a position in a lower classification in
the class series from which he/she is to be laid off may request placement in the lower classification.
The City has identified the following class series for unit classifications (listed from lower level to
higher level):
1. Accounting Specialist, Senior Accounting Specialist
2. Management Assistant, Senior Management Assistant, Management Analyst
3. Assistant Engineer, Associate Engineer
4. Assistant Planner, Associate Planner
5. Building Inspector, Senior Building Inspector
6. Maintenance Worker, Senior Maintenance Worker, Equipment Operator, Maintenance
Leadworker
7. Administrative Assistant, Executive Assistant
8. Public Works Inspector, Senior Public Works Inspector
9. Water Distribution Operator I, Water Distribution Operator II, Water Equipment Operator,
Water Distribution Leadworker
10. Water Treatment Operator I, Water Treatment Operator II
An employee who has been involuntarily transferred to a class from which a layoff is to be made
shall have automatic bumping rights to his/her previous classification for up to one (1) year from the
effective date of the transfer.
F. Severance Assistance
1. Severance Pay
Severance pay of one (1) week per year of service, up to a maximum of four (4) weeks of pay,
will be provided to an employee who is laid off and not offered employment through an
agreement between a contractor and the City. This provision only applies to employees who
actually lose employment with the City, not employees who are placed in another position as a
result of bumping rights.
[30]
TMEA MOU 2018-21
2. Flexible Benefits Contributions
An employee who is laid off shall have his/her Flexible Benefits contribution continued for an
additional two (2) months following the month in which the employee was laid off if he/she is
not covered by another medical plan at the time.
3. Letters of Recommendation
Letters of recommendation will be provided for an employee whose performance was
satisfactory as of the date of his/her layoff.
4. Employment Assistance
Reasonable assistance in locating alternative employment will be provided for an employee who
is laid off.
G. Re -Employment List
The name of every regular employee who is laid off or demoted in lieu of layoff shall be placed on a
re-employment list in reverse order of their dates of layoff.
Names may be removed from a re-employment list for any of the following reasons:
1. The expiration of eighteen (18) months from the date of placement on the list.
2. Re-employment in any permanent full-time position, regardless of department or
classification level.
3. Failure to respond within twenty-one (21) calendar days of mailing of a letter sent via
Certified Mail regarding availability of employment.
4. Failure to report to work within fourteen (14) calendar days of mailing of a registered letter
containing a notice of re-employment, absent mitigating circumstances.
5. An individual requests in writing that his/her name be removed from the list.
H. Re -Employment
Vacancies to be filled within a department shall be offered first to individuals on the re-employment
list who held a position in the same classification as the vacancy to be filled.
A regular employee who has been laid off and is re-employed in a permanent position within
eighteen (18) months from the effective date of his/her layoff shall be entitled to:
1. Buy back and restoration of all General Leave credited to the employee's account on the
effective date of layoff at the same rate as it was paid off. This restoration must be
requested in writing within 30 days of returning to work and must be fully paid back within
six (6) months of the return to work.
2. Restoration of seniority accrued prior to layoff and during layoff.
[31]
TMEA MOU 2018-21
3. The same General Leave accrual rate that was in effect prior to layoff.
4. Placement in the salary range at the same step held prior to layoff if the employee is
reinstated to the same job classification from which he/she was laid off.
If the person who is re-employed had not satisfactorily completed the required probationary period
in the department of appointment prior to layoff, he/she shall serve a probationary period upon re-
employment.
I. Notices
At least two (2) weeks' notice (14 calendar days) shall be given to any employee who is to be laid off.
All notices and requested actions referenced in this section shall be in writing and sent by Certified
Mail or delivered personally to the addressee. All notices to the City shall be addressed to the City
Manager. The employee shall be responsible for notifying the City of any address change and any
such notice shall be served in accordance with this paragraph.
J. Displacement of Part -Time Employee
In the event a reduction in force is necessary, a part-time employee may not displace a full-time
employee. However, a full-time employee may displace a less senior part-time employee provided
he/she is otherwise eligible to displace the less senior employee.
K. No Appeal
Employees do not have any right to appeal their layoff from employment.
[32]
TMEA MOU 2018-21
IN WITNESS WHEREOF, the parties hereto have executed this document this 111h day of August 2018.
FOR THE CITY OF TUSTIN
Jeffrey C. Parker, City Manager
Derick Yasuda, Director of Human Resources
Matthew West, Assistant City Manager
Karyn Roznos, Senior Management Analyst
Peter Brown, Liebert Cassidy Whitmore
[33]
FOR THE TUSTIN MUNICIPAL EMPLOYEES
ASSOCIATION
Frank Apuron, President
Leo Stiles, Vice President
Katy Lee, Secretary
Adrianne DiLeva-Johnson, Treasurer
Mike Arionus, Board Member
Samantha Beier, Board Member
Didier Rodriguez, Board Member
Brad Steen, Board Member
Bo Gutierrez, UELA General Manager
TMEA MOU 2018-21
APPENDIX A - HOURLY SALARY RANGES
Effective the Pay Period that includes July 1, 2018
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Accountant
29.48
30.99
32.58
34.24
36.00
37.80
Accounting Specialist
20.83
21.90
23.02
24.20
25.44
26.71
Administrative Assistant-TMEA
23.08
24.26
25.51
26.81
28.18
29.59
Assistant Engineer
35.46
37.28
39.19
41.19
43.30
45.47
Assistant Planner
29.48
30.99
32.58
34.24
36.00
37.80
Associate Engineer
40.28
42.34
44.51
46.79
49.18
51.64
Associate Planner
32.66
34.33
36.09
37.94
39.88
41.87
Building Inspector
30.15
31.69
33.32
35.02
36.82
38.66
Building Permit Technician
22.46
23.61
24.81
26.08
27.42
28.79
Code Enforcement Officer
28.97
30.45
32.01
33.65
35.37
37.14
Equipment Mechanic
25.89
27.22
28.61
30.07
31.61
33.20
Equipment Operator
24.81
26.08
27.42
28.82
30.30
31.82
Executive Assistant-TMEA
26.81
28.18
29.63
31.14
32.74
34.38
Information Tech Specialist
30.91
32.49
34.16
35.91
37.75
39.63
Maintenance Leadworker
27.08
28.47
29.92
31.46
33.07
34.72
Maintenance Worker
21.26
22.34
23.49
24.69
25.95
27.25
Management Analyst I-TMEA
33.32
35.02
36.82
38.70
40.68
42.72
Management Assistant-TMEA
26.35
27.70
29.11
30.60
32.17
33.78
Public Works Inspector
30.30
31.85
33.48
35.20
37.00
38.85
Recreation Facilities Lead
21.96
23.08
24.26
25.51
26.81
28.15
Recreation Program Specialist
20.78
21.85
22.97
24.14
25.38
26.65
Senior Accounting Spec
25.38
26.68
28.04
29.48
30.99
32.54
Senior Building Inspector
35.46
37.28
39.19
41.19
43.30
45.47
Senior Maintenance Worker
23.37
24.57
25.83
27.15
28.54
29.96
Senior Management Ast-TMEA
30.60
32.17
33.82
35.55
37.37
39.24
Senior Public Works Inspector
35.46
37.28
39.19
41.19
43.30
45.47
Transportation Coordinator
17.71
18.62
19.57
20.58
21.63
28.84
Water Distribution Leadworker
29.48
30.99
32.58
34.24
36.00
37.80
Water Distribution Oper 1
22.01
23.14
24.32
25.57
26.88
28.22
Water Distribution Oper 11
24.57
25.83
27.15
28.54
30.00
31.50
Water Equipment Operator
26.61
27.97
29.41
30.91
32.49
34.12
Water Meter Reader
24.57
25.83
27.15
28.54
30.00
31.50
Water Treatment Operator 1
27.90
29.33
30.83
32.41
34.07
35.78
Water Treatment Operator 11
30.00
31.54
33.15
34.85
36.63
38.46
[34]
TMEA MOU 2018-21
Effective the Pay Period that includes July 1, 2019
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Accountant
30.36
31.92
33.55
35.27
37.08
38.93
Accounting Specialist
21.46
22.56
23.71
24.93
26.20
27.51
Administrative Assistant-TMEA
23.77
24.99
26.27
27.62
29.03
30.48
Assistant Engineer
36.53
38.40
40.36
42.43
44.60
46.83
Assistant Planner
30.36
31.92
33.55
35.27
37.08
38.93
Associate Engineer
41.49
43.61
45.84
48.19
50.66
53.19
Associate Planner
33.64
35.36
37.17
39.07
41.07
43.13
Building Inspector
31.05
32.64
34.32
36.07
37.92
39.82
Building Permit Technician
23.13
24.31
25.56
26.87
28.24
29.66
Code Enforcement Officer
29.84
31.37
32.97
34.66
36.43
38.26
Equipment Mechanic
26.67
28.03
29.47
30.98
32.56
34.19
Equipment Operator
25.56
26.87
28.24
29.69
31.21
32.77
Executive Assistant-TMEA
27.62
29.03
30.52
32.08
33.72
35.41
Information Tech Specialist
31.84
33.47
35.18
36.98
38.88
40.82
Maintenance Leadworker
27.89
29.32
30.82
32.40
34.06
35.76
Maintenance Worker
21.89
23.01
24.19
25.43
26.73
28.07
Management Analyst I-TMEA
34.32
36.07
37.92
39.86
41.90
44.00
Management Assistant-TMEA
27.14
28.53
29.99
31.52
33.14
34.79
Public Works Inspector
31.21
32.81
34.49
36.25
38.11
40.02
Recreation Facilities Lead
22.62
23.77
24.99
26.27
27.62
29.00
Recreation Program Specialist
21.41
22.50
23.65
24.87
26.14
27.45
Senior Accounting Spec
26.14
27.48
28.88
30.36
31.92
33.51
Senior Building Inspector
36.53
38.40
40.36
42.43
44.60
46.83
Senior Maintenance Worker
24.07
25.30
26.60
27.96
29.39
30.86
Senior Management Ast-TMEA
31.52
33.14
34.83
36.62
38.49
40.42
Senior Public Works Inspector
36.53
38.40
40.36
42.43
44.60
46.83
Transportation Coordinator
18.24
19.18
20.16
21.19
22.28
29.71
Water Distribution Leadworker
30.36
31.92
33.55
35.27
37.08
38.93
Water Distribution Oper 1
22.67
23.83
25.05
26.34
27.68
29.07
Water Distribution Oper 11
25.30
26.60
27.96
29.39
30.90
32.44
Water Equipment Operator
27.41
28.81
30.29
31.84
33.47
35.14
Water Meter Reader
25.30
26.60
27.96
29.39
30.90
32.44
Water Treatment Operator 1
28.74
30.21
31.76
33.39
35.10
36.85
Water Treatment Operator 11
30.90
32.48
34.14
35.89
37.73
39.62
[35]
TMEA MOU 2018-21
Effective the Pay Period that includes July 1, 2020
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Accountant
31.27
32.88
34.56
36.33
38.19
40.10
Accounting Specialist
22.10
23.24
24.43
25.68
26.99
28.34
Administrative Assistant-TMEA
24.49
25.74
27.06
28.44
29.90
31.40
Assistant Engineer
37.62
39.55
41.57
43.70
45.94
48.24
Assistant Planner
31.27
32.88
34.56
36.33
38.19
40.10
Associate Engineer
42.73
44.92
47.22
49.64
52.18
54.79
Associate Planner
34.65
36.42
38.29
40.25
42.31
44.42
Building Inspector
31.99
33.62
35.35
37.16
39.06
41.01
Building Permit Technician
23.82
25.04
26.33
27.67
29.09
30.54
Code Enforcement Officer
30.73
32.31
33.96
35.70
37.53
39.40
Equipment Mechanic
27.47
28.87
30.35
31.91
33.54
35.22
Equipment Operator
26.33
27.67
29.09
30.58
32.15
33.75
Executive Assistant-TMEA
28.44
29.90
31.43
33.04
34.73
36.47
Information Tech Specialist
32.79
34.47
36.24
38.09
40.05
42.05
Maintenance Leadworker
28.73
30.20
31.75
33.37
35.08
36.84
Maintenance Worker
22.55
23.70
24.92
26.19
27.54
28.91
Management Analyst I-TMEA
35.35
37.16
39.06
41.06
43.16
45.32
Management Assistant-TMEA
27.95
29.38
30.89
32.47
34.13
35.84
Public Works Inspector
32.15
33.79
35.52
37.34
39.25
41.22
Recreation Facilities Lead
23.29
24.49
25.74
27.06
28.44
29.87
Recreation Program Specialist
22.05
23.18
24.36
25.61
26.92
28.27
Senior Accounting Spec
26.92
28.30
29.75
31.27
32.88
34.52
Senior Building Inspector
37.62
39.55
41.57
43.70
45.94
48.24
Senior Maintenance Worker
24.79
26.06
27.40
28.80
30.28
31.79
Senior Management Ast-TMEA
32.47
34.13
35.88
37.72
39.65
41.63
Senior Public Works Inspector
37.62
39.55
41.57
43.70
45.94
48.24
Transportation Coordinator
18.79
19.75
20.77
21.83
22.95
30.60
Water Distribution Leadworker
31.27
32.88
34.56
36.33
38.19
40.10
Water Distribution Oper 1
23.35
24.55
25.80
27.13
28.52
29.94
Water Distribution Oper 11
26.06
27.40
28.80
30.28
31.83
33.42
Water Equipment Operator
28.23
29.68
31.20
32.79
34.47
36.20
Water Meter Reader
26.06
27.40
28.80
30.28
31.83
33.42
Water Treatment Operator 1
29.60
31.12
32.71
34.39
36.15
37.96
Water Treatment Operator 11
31.83
33.46
35.17
36.97
38.86
40.81
[36]
RESOLUTION NO. 18-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, RELATING TO COMPENSATION
AND BENEFITS FOR UNREPRESENTED EXECUTIVE
MANAGEMENT AND MANAGEMENT EMPLOYEES, AND
SUPERSEDING RESOLUTION 17-06
WHEREAS, the employees covered by this Resolution constitute Executive
Management and Management personnel; and
WHEREAS, the City Council has consulted with the City Manager concerning the
proposed employment terms contained herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin
(the "City") authorizes staff to implement the provisions of this Resolution and modify the
City's Classification and Compensation Plans to reflect the changes approved in this
Resolution, and that the wages, hours and conditions of employment be adopted and set
forth as follows:
CHAPTER 1 — GENERAL PROVISIONS
Section 1: Classifications
The Executive Management unit includes the classifications designated by the City as
"department heads". The Management unit includes all other unrepresented FLSA-exempt
classifications designated by the City as "management" employees.
Whenever the term "Executive Management" is used in this Resolution, it shall be
understood to include the City Manager. The benefits and terms of employment of the
City Manager and any other Executive Management employee employed under an
individual employment agreement shall be as set forth herein, provided that any contrary
written terms established by the City Council or City Manager, which provide a greater
benefit than provided for in this Resolution, shall prevail.
Section 2: Effective Dates
The effective date of each Section is July 1, 2018, unless otherwise stated herein.
CHAPTER 2 — COMPENSATION
Section 3: Salary
Effective the pay period which includes July 1, 2018, employees shall receive a three
percent (3.0%) base salary increase.
Resolution 18-62
Page 1 of 21
Effective the pay period which includes July 1, 2019, employees shall receive a three
percent (3.0%) base salary increase.
Effective the pay period which includes July 1, 2020, employees shall receive a three
percent (3.0%) base salary increase.
The salary ranges for employees covered by this Resolution are hereby incorporated and
listed in Appendix A and Appendix B. The attached salary ranges shall constitute the
basic compensation plan consisting of six (6) steps in each range.
Section 4: Bilingual Pay
The City shall pay Bilingual Pay in the amount of one hundred dollars ($100) per month
(paid biweekly) to employees in City -designated positions who demonstrate
conversational skill in Spanish or another language approved by the Director of Human
Resources as necessary for City business.
To qualify for Bilingual Pay, the employee must 1) have a business need to speak
Spanish or another City -approved language in the performance of his/her public contact
duties on a frequent and recurring basis and 2) successfully pass a City -sponsored
examination for conversational skill. The Director of Human Resources may limit the
number of employees receiving Bilingual Pay based on the needs of the City and may
discontinue Bilingual Pay for any employee who no longer uses bilingual skills in the
course of work.
Individuals are eligible to receive Bilingual Pay at the beginning of the first pay period
after the Human Resources Department receives the employee's passing test results.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the monetary value of bilingual pay
(Bilingual Premium) shall be reported to CalPERS as special compensation described in
Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as a "special assignment pay" — a type of
reportable special compensation.
Section 5: Uniforms
The City shall provide employees in the classifications of Deputy Police Chief and
Police Captain with uniforms, including replacements as needed. Additionally,
employees in these classifications receive an allowance of $16.50 per biweekly pay
period, up to a maximum of $429 per year, for care and maintenance of uniforms. In
compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), for "classic members" as defined by
the Public Employees' Pension Reform Act of 2013, the compensation paid for the
maintenance of required uniforms shall be reported to CalPERS as special
Resolution 18-62
Page 2 of 21
compensation described in Title 2 CCR, Section 571(a)(5) and 571.1(b)(2) as a
"statutory item" — a type of reportable special compensation.
The City shall provide uniforms, including replacements as needed, to employees in the
classifications of Maintenance Supervisor, Water Maintenance and Construction
Supervisor, and Water Treatment Supervisor. In compliance with the California Public
Employees' Retirement System regulations and definition of special compensation (2 CCR
§571), for "classic members" as defined by the Public Employees' Pension Reform Act of
2013, the monetary value of the rental and maintenance of the required uniforms shall be
reported to CalPERS as special compensation described in Title 2 CCR, Section 571(a)(5)
as a "statutory item" — a type of reportable special compensation.
Section 6: Educational Incentive Pay
Employees in the classification of Police Captain who have obtained a master's degree
are eligible to receive Educational Incentive Pay of $500 per month ($230.76 per pay
period).
Such employees are eligible to receive Educational Incentive Pay at the beginning of
the first pay period after Human Resources certifies that the employee has met all of the
eligibility requirements.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the monetary value of educational
incentive pay shall be reported to CalPERS as special compensation described in Title 2
CCR, Section 571(a)(2) as an "educational pay" — a type of reportable special
compensation.
Section 7: Acting Pay
An employee assigned to temporarily work in a higher classification will receive Acting
Pay. At the City Manager's discretion, during the Acting assignment the employee will
either receive Acting Pay in an amount equal to 5% of the employee's base pay or the
amount necessary to increase the employee's base salary to any step in the salary range
of the higher classification. Acting Pay will be paid effective the beginning of the first full
pay period in which the employee serves in the Acting assignment.
In accordance with Government Code section 20480, an employee's Acting assignment
may not exceed a total of 960 hours in a fiscal year if the Acting assignment is for a
position that is vacant during the recruitment for a permanent appointment. This hours limit
does not apply to an Acting assignment that is temporarily available due to another
employee's leave of absence.
In compliance with the California Public Employees' Retirement System regulations and
definition of Special Compensation (2 CCR §571), the monetary value of Acting Pay shall
be reported to CalPERS as Special Compensation for "classic members" as defined by
Resolution 18-62
Page 3 of 21
the Public Employees' Pension Reform Act (PEPRA) of 2013. Acting Pay ("Temporary
Upgrade Pay") is described in Title 2 CCR, Section 571(a)(3) as a "premium pay" — a type
of reportable special compensation. This pay is not reportable as special compensation for
employees defined as "new members" under PEPRA. In the event of a dispute, it is
ultimately CalPERS who determines whether any form of pay is reportable special
compensation.
CHAPTER 3 — BENEFITS
Section 8: Flexible Benefits Plan
The City contracts with the California Public Employees' Retirement System (CaIPERS)
for the provision of medical insurance. All Executive Management and Management
employees shall receive the minimum amount required under the Public Employees'
Medical and Hospital Care Act (PEMHCA) ($133 for calendar year 2018, $136 for
calendar year 2019, and a yet to be determined amount for subsequent calendar years)
as well as an additional amount which is provided under a Section 125 Flexible Benefits
program. The amounts below include the minimum amount under PEMHCA.
Effective the pay period that includes July 1, 2018, the monthly Flexible Benefits
contribution per Executive Management employee and eligible Management employee
(hired into the Management unit on or before September 3, 2002) is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,375 $1,600 $1,950
Effective the pay period that includes July 1, 2019, the monthly Flexible Benefits
contribution per Executive Management employee and eligible Management employee
(hired into the Management unit on or before September 3, 2002) is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,475 $1,700 $2,050
Effective the pay period that includes July 1, 2020, the monthly Flexible Benefits
contribution per Executive Management employee and eligible Management employee
(hired into the Management unit on or before September 3, 2002) is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,575 $1,800 $2,150
Effective the pay period that includes July 1, 2018, the monthly Flexible Benefits
contribution per eligible Management employee (hired into the Management unit on or
Resolution 18-62
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after September 4, 2002) is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,175 $1,300 $1,450
Effective the pay period that includes July 1, 2019, the monthly Flexible Benefits
contribution per eligible Management employee (hired into the Management unit on or
after September 4, 2002) is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,275 $1,400 $1,550
Effective the pay period that includes July 1, 2020, the monthly Flexible Benefits
contribution per eligible Management employee (hired into the Management unit on or
after September 4, 2002) is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,375 $1,500 $1,650
Employees who do not take medical insurance through the program offered by the City
shall receive $450 per month as the Flexible Benefits Opt -Out contribution. As a
condition of receiving such amount, the employee must provide evidence, satisfactory to
the City, that he/she has medical insurance coverage comparable to coverage available
through the City program. If an employee elects to opt out of coverage offered by the
City, he/she must provide proof of "minimum essential coverage" (as defined by the
Affordable Care Act) through another source (other than coverage in the individual
market, whether or not obtained through Covered California).
The Flexible Benefits contribution consists of mandatory and discretionary allocations
which may be applied to City -sponsored programs, including required payment towards
employee medical insurance under the Public Employees' Medical and Hospital Care
Act (PEMHCA). Employees may allocate the remaining amount among the following
City -sponsored programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending Account programs (medical and/or dependent
care reimbursement programs)
6. Eligible catastrophic care programs
7. Cash
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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.
The Flexible Benefits program is governed by Section 125 of the Internal Revenue
Code (IRC). The City retains the right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement
programs is voluntary and employee -funded.
Section 9: Retirement
Employees covered under this Resolution 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.
Miscellaneous members employed by the City by December 31, 2011 shall be enrolled
in the CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for
Local Miscellaneous members. The plan includes both an employer and employee
contribution. Effective the pay period that includes July 1, 2013, the employee is
responsible for paying the employee contribution of 7% of the employee's wages
through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is
made on a pre-tax. The plan has been amended to include Section 21573 (Third Level
of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium.
These employees are also responsible for paying an additional pension contribution of
three percent (3%) as cost sharing in accordance with Government Code section
20516(f), for a total employee pension contribution of ten percent (10%).
Miscellaneous members employed by the City on or after January 1, 2012 who are
"classic members" as defined by the Public Employees' Pension Reform Act (PEPRA)
of 2013 shall be enrolled in the CaIPERS 2% @ 60 plan for Local Miscellaneous
members. The plan includes both an employer and employee contribution.
The employee is responsible for paying the employee contribution of 7% of the
employee's wages through a payroll deduction. The City has adopted the CaIPERS
resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee
contribution is made on a pre-tax basis. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years
of employment immediately preceding the effective date of his or her retirement or as
designated by the employee in accordance with Government Code Section 20037. The
Resolution 18-62
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plan provides for 3rd level of 1959 Survivor benefits with the employee paying the
employee portion of the premium.
These employees are also responsible for paying an additional pension contribution of
three percent (3%) as cost sharing in accordance with Government Code section
20516(f), for a total employee pension contribution of ten percent (10%).
Individuals first employed by the City on or after January 1, 2013 who are defined as
"new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the CalPERS 2% @ 62 plan for Local Miscellaneous members.
The employee is responsible for paying the employee contribution of one-half of the
total normal cost of the plan, as defined by CalPERS, through a payroll deduction.
Effective the pay period including July 1, 2018, the employee contribution is 5.75%. This
amount will be determined by CalPERS in the future. The City has adopted the
CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the
employee contribution is made on a pre-tax basis.
This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code Section 7522.32(a). The plan provides for 3rd level
of 1959 Survivor benefits with the employee paying the employee portion of the
premium.
Employees first hired by the City as Local Safety Members prior to January 1, 2012
shall be provided the CalPERS 3% @ 50 retirement formula in accordance with
Government Code section 21362.2.
These employees are responsible for paying the employee contribution of 9% of the
employee's wages through a pre-tax payroll deduction. The City has adopted the
CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the
employee contribution is made on a pre-tax basis.
These employees are also responsible for paying an additional pension contribution of
three percent (3%) as cost sharing in accordance with Government Code section
20516(f), for a total employee pension contribution of twelve percent (12%).
The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor
Benefits), Section 20042 (One -Year Final Compensation), and Section 21024 (Military
Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium.
Resolution 18-62
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Employees first hired by the City as Local Safety Members on or after January 1, 2012
who are "classic members" as defined by the Public Employees' Pension Reform Act
(PEPRA) of 2013 shall be provided the CalPERS 2% @ 50 retirement formula.
The employee is responsible for paying the employee contribution of 9% through a
pretax payroll deduction. The City has adopted the CalPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a
pre-tax basis.
These employees are also responsible for paying an additional pension contribution of
three percent (3%) as cost sharing in accordance with Government Code section
20516(f), for a total employee pension contribution of twelve percent (12%).
The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium. This plan provides
retirement benefits based on the highest annual average compensation earnable during
the three consecutive years of employment immediately preceding the effective date of
his or her retirement or as designated by the employee in accordance with Government
Code Section 20037.
Individuals first employed by the City on or after January 1, 2013 who are defined as
"new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the CalPERS 2.7% @ 57 plan for Local Safety members.
The employee is responsible for paying the employee contribution of one-half of the
total normal cost of the plan, as defined by CalPERS, through a payroll deduction.
Effective the pay period including July 1, 2018, the employee contribution is 12.00%.
This amount will be determined by CalPERS in the future. The City has adopted the
CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the
employee contribution is made on a pre-tax basis.
The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium. This plan provides
retirement benefits based on the highest annual average compensation earnable during
the three consecutive years of employment immediately preceding the effective date of
his or her retirement or as designated by the employee in accordance with Government
Code Section 7522.32(a).
Section 10: Life Insurance
The City will provide life insurance for each Executive Management and Management
employee and pay the required premiums. The death benefit of said policy shall be two
Resolution 18-62
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hundred thousand dollars ($200,000). The City will also provide $1,000 per dependent
of dependent life insurance and pay the required premiums.
Section 11: Short -Term / Long -Term Disability Insurance
The City shall maintain a short-term / long-term disability (STD/LTD) insurance program
for non -industrial illnesses or injuries. Eligibility for benefits is subject to the
requirements and approval of the STD/LTD insurance carrier.
An employee who is receiving STD benefits under the City's program will be granted a
leave of absence for the duration of his/her non -industrial disability subject to a
maximum period of six (6) months. Such leave of absence may be extended for an
additional six (6) months under LTD, upon approval of the City Manager.
All unit employees are required to participate in the program. Premiums are deducted
from the employee's pay on an after-tax basis.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the
employee is first required to use 80 consecutive hours of his/her accrued leave during
the 30 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 for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period,
the employee shall be compensated by the City at the rate of 60% of the employee's
pre -disability base salary. This City payment is taxable income. The employee may
supplement this City payment with accrued leave to enable him/her to receive an
amount equivalent to no more than 100% of his/her pre -disability earnings.
In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run
concurrently with FMLA/CFRA leave.
For a new employee who has worked for the City for less than 12 consecutive months,
and is therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the
employee with the same Flexible Benefits contribution as was provided at the time of
the non -industrial injury, for a period not to exceed 90 days. Should an employee
receive 90 days of City -paid Flexible Benefits within the 12 month period prior to being
eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently eligible to
receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City
for his/her previous contribution.
Once the employee is on leave without pay, or the first 80 hours of leave has passed
(whichever occurs first), no paid leave shall accrue to the employee.
After the 30 day elimination period, the STD/LTD carrier will provide the employee with
a benefit of 60% of pre -disability base salary. The employee may supplement the
STD/LTD carrier's payment with accrued paid leave to enable him/her to receive an
Resolution 18-62
Page 9 of 21
amount equivalent to no more than 100% of his/her pre -disability earnings.
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. In the event
the employee chooses 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/LTD
program). In the event timely payment is not made, the City is authorized to reduce the
employee's accrued paid leave accounts, in an amount equivalent to the premiums
owed by the employee. In the event no paid leave is available, the City is authorized to
cancel the employee's coverage.
An employee is only eligible for the City's 60% STD/LTD salary continuation benefit
once in any rolling 12 -month period.
Section 12: Vehicle Allowance
Each Executive Management employee shall have his/her personal vehicle available and
shall use his/her personal vehicle for City business. To cover these costs, except as noted
below, Executive Management employees shall receive a $400 monthly vehicle
allowance.
In consideration of the duties associated with the classification, employees in the
classifications of City Manager, Police Chief, Police Captain, and Deputy Police Chief
are provided with a City vehicle in lieu of a vehicle allowance.
Section 13: Textbook and Tuition Reimbursement
The City shall provide eligible employees with textbook and tuition reimbursement in
accordance with the guidelines and procedures specified in the Personnel Rules.
Employees are eligible for this benefit after completion of the initial probationary period.
Requests to enroll in courses may be granted prior to the completion of probation;
however, payment will not be made until the employee has completed the probationary
period and attained regular status. Approval from the department head, Director of Human
Resources, and City Manager (when required) should be obtained prior to enrollment in
the course or program to ensure the City will approve the reimbursement request.
Employees may be reimbursed for up to $4,000 per calendar year in covered expenses
for attending graduate school, a four-year college or university, or a job-related program
through University of California or California State University extended education
programs and $2,000 per year for attendance at a California Community College. This
reimbursement benefit may be used for other job-related educational programs
administered by other professional organizations with the express approval of the City
Manager. If an employee separates from City service within one calendar year of
receiving this Tuition Reimbursement benefit, the employee is responsible for refunding
Resolution 18-62
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the City the full amount of the benefit that was paid. Funds will be deducted from the
employee's final paycheck to cover the re -payment of the tuition reimbursement.
Section 14: Smartphone Stipend
Employees are eligible for a smartphone stipend of $21 per pay period ($45 per month),
which is taxable income. The stipend is designed to contribute to an employee's
smartphone plan. It is not designed to fully pay for the plan. Any additional charges an
employee incurs are his/her own responsibility and those additional charges are not
eligible for reimbursement.
Section 15: Retiree Medical Insurance
The City will reimburse eligible unit employees up to a maximum of $350 per month for
the payment of CaIPERS retiree medical insurance premiums. This amount is in
addition to the minimum contribution towards retiree medical insurance required under
the PEMHCA program ($133 per month for calendar year 2018, $136 per month for
calendar year 2019, and a yet to be determined amount for subsequent calendar
years).
An employee hired by the City prior to July 1, 2011 is eligible for this benefit provided
that he/she has been continuously employed by the City for five (5) full years, retires
from the City and CaIPERS, and enrolls in a CaIPERS medical insurance plan
immediately after retirement. Eligible employees who suffer a disability, are unable to
return to work, and take a disability retirement from CaIPERS may satisfy the five (5)
year continuous service requirement using a combination of service with the City and
service with any public agency with a reciprocal retirement system.
An employee hired by the City on or after July 1, 2011 is eligible for this benefit provided
that he/she has been continuously employed by the City for ten (10) full years, retires
from the City and CaIPERS, and enrolls in a CaIPERS medical insurance plan
immediately after retirement. Eligible employees who suffer a disability, are unable to
return to work, and take a disability retirement from CaIPERS may satisfy the ten (10)
year continuous service requirement using a combination of service with the City and
service with any public agency with a reciprocal retirement system.
Reimbursement shall not be made until an employee appears on the City's CaIPERS
insurance billing. In order to maintain the retiree medical insurance stipend throughout
retirement, an employee must maintain coverage in a CaIPERS medical insurance plan;
once coverage is dropped, reimbursement will cease and will not be reinstated.
Section 16: Retiree Health Savings Plan
Effective January 1, 2019, employees will have the option to make a payroll deduction
and contribute to a retiree health savings plan which will be set up by the City.
Contributions are voluntary by employees and the City will not make a contribution to
Resolution 18-62
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the plan.
CHAPTER 4 — LEAVES OF ABSENCE
Section 17: General Leave
Paid General Leave shall be granted to each full-time employee at the rates listed below
per year, prorated on a biweekly basis for each biweekly pay period in which the
employee is in paid status for at least 40 hours of the pay period. If the employee is in
paid status between 40 — 80 hours of a pay period, his/her General Leave will be
earned on a prorated basis for the pay period.
Service Hours Per Year Maximum Accrual
0 — 5 years 160 320
6 — 10 years 208 416
Over 10 years 248 496
When appointing an individual to an Executive Management or Management
classification, the City Manager shall have the authority to consider the individual's prior
employment in determining an advanced General Leave accrual rate.
Each January, Executive Management employees are eligible to receive up to sixteen
(16) additional hours of General Leave for satisfactory performance as determined by
the City Manager. Management employees may be entitled to eight (8) additional hours
of General Leave as determined by their department head.
At any time, employees may accumulate General Leave to a maximum of two (2) times
the employee's annual entitlement. Upon reaching the maximum, accrual will cease
until leave is used to reduce the accrual below the maximum. Upon separation from 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.
General Leave Cash Out
Until December 7, 2018:
Each employee may request that he/she be paid for a maximum of eighty (80) hours of
accrued General Leave. In addition, each employee may request that he/she be paid
for accrued General Leave based upon years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
Requests for cash out must be received no later than two weeks prior to the paycheck
Resolution 18-62
Page 12 of 21
date when the cash out is requested.
After December 7, 2018 and Each Year Thereafter:
Starting in 2018 (for payment in 2019) on or before the pay period which includes
December 15 of each calendar year, an employee may make an irrevocable election to
cash out up to the following amount of General Leave which will be earned in the
following calendar year at the employee's base rate of pay: a) up to eighty (80) hours of
accrued General Leave and b) up to an additional amount of accrued General Leave
based upon years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
The employee can request that the cash out (of both a and b above) be processed on
any paycheck beginning July 1 of the following calendar year through the end of that
calendar year, as long as the employee has accrued the number of hours they elected
to cash out during the calendar year of the cash out. However, if the employee's
General Leave balance is less than the amount the employee elected to cash out (in the
prior calendar year) the employee will receive cash for the amount of leave the
employee has accrued at the time of the cash out. The employee may choose to
receive General Leave cash out all at once or on two different paychecks.
Section 18: Administrative Leave
As exempt employees under the Fair Labor Standards Act (FLSA), Executive
Management and Management employees are compensated for meeting the
requirements and performing the duties of their jobs, regardless of the number or
scheduling of hours worked. Such employees may be required periodically or routinely
to work long or irregular hours, and to attend various meetings and functions outside of
normal "business hours" to fulfill their responsibilities. No overtime compensation shall be
provided for Executive Management and Management employees unless otherwise
required by State or Federal law.
In lieu of overtime compensation, the City will provide employees with an annual credit of
forty (40) hours of paid Administrative Leave each January. During the first calendar year
of employment as an employee covered by this Resolution, employees will be granted a
prorated share of Administrative Leave at the time of appointment, with the amount
dependent upon the employee's hire date as follows:
Hire Date Administrative Leave
1 st Quarter (January — March) 40 hours
2nd Quarter (April — June) 30 hours
3rd Quarter (July — September) 20 hours
4t" Quarter (October — December) 10 hours
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Page 13 of 21
Each January, each Executive Management and Management employee is eligible to
receive up to an additional forty (40) hours of Administrative Leave pursuant to the
recommendation of his/her Department Head or the City Manager, with such
recommendation based on the individual's prior year's job performance and his/her
commitment of time dedicated to City business in excess of his/her regular work
schedule. After the conclusion of the first calendar year of employment, employees shall
be eligible for a prorated share of additional Administrative Leave, in accordance with
the same guidelines as those governing the initial granting of Administrative Leave at
time of appointment, as specified in this Section (e.g. an employee hired in the 3rd
Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in
January of Year 2). An employee whose performance is in need of improvement,
pursuant to a performance evaluation or performance improvement plan, is not eligible
to receive additional Administrative Leave. The accrual of Administrative Leave is
limited to a maximum of eighty (80) hours at any time. Use of Administrative Leave is
completely discretionary upon the approval of the Department Head or the City
Manager.
When an employee separates from City service or remains employed by the City, but
moves to a FLSA non-exempt position, the employee shall be compensated for all
accrued Administrative Leave at the employee's base hourly rate of pay.
Section 19: Holidays
The following days shall be holidays for which all employees will receive compensation
either in pay or paid time off:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Martin Luther King Jr. Day
Presidents' 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. If
a holiday falls on a day that is also an employee's regular day off, the employee will
accrue nine hours to his/her General Leave bank for the holiday. If a holiday falls on an
employee's regularly scheduled working Friday, the employee will receive eight hours of
holiday pay and accrue one hour to his/her General Leave bank.
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Section 20: Bereavement Leave
Unit employees are allowed up to five (5) days of paid leave for the purpose of
Bereavement Leave in the event of a death in the "immediate family". For purposes of
this section, "immediate family" is defined as including spouse, registered domestic
partner, mother, stepmother, father, stepfather, brother, stepbrother, sister, stepsister,
child, stepchild, grandparent, stepgrand parent, grandchild and stepgrandchild of the
employee or the employee's spouse/registered domestic partner.
CHAPTER 5 — WORKING CONDITIONS
Section 21: Alternate Work Schedules
Executive Management and Management employees are eligible for participation in the
City's Alternate Work Schedule program. Such work schedules are subject to the needs of
the City and the employee's department.
The City Manager has the authority to implement rules, policies and procedures for
Alternative Work Schedules for Executive Management and Management employees.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 11 t" day of August 2018.
ELWYN A. MURRAY
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
Resolution 18-62
Page 15 of 21
STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 SS
CITY OF TUSTIN
I, Erica N. Yasuda, 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. 18-62 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 11th day of
August 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-62
Page 16 of 21
APPENDIX A - EXECUTIVE MANAGEMENT HOURLY SALARY RANGES
Effective the Pay Period that includes July 1, 2018
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Assistant City Manager
79.00
83.05
87.30
91.77
96.47
101.29
Deputy City Manager
67.16
70.60
74.21
78.01
82.01
86.11
Director of Community Dev
67.67
71.14
74.78
78.61
82.63
86.77
Director of Economic Development
62.46
65.59
68.87
72.31
75.92
79.72
Director of Finance / City Treasurer
72.31
76.01
79.90
84.00
88.30
92.71
Director of Human Resources
61.39
64.54
67.84
71.32
74.97
78.72
Director of Parks & Recreation
63.26
66.50
69.91
73.48
77.25
81.11
Director of Public Works / City Eng
74.04
77.83
81.81
86.00
90.41
94.93
Police Chief
82.95
87.20
91.67
96.36
101.29
106.36
Effective the Pay Period that includes July 1, 2019
Classification
Step A Step B
Step C Step D
Step E
Step F
Assistant City Manager
81.37 85.54
89.92 94.52
99.36
104.33
Deputy City Manager
69.18 72.72
76.44 80.35
84.47
88.69
Director of Community Dev
69.70 73.27
77.02 80.97
85.11
89.37
Director of Economic Development
64.34 67.55
70.93 74.48
78.20
82.11
Director of Finance / City Treasurer
74.48 78.29
82.30 86.52
90.95
95.49
Director of Human Resources
63.24 66.47
69.88 73.46
77.22
81.08
Director of Parks & Recreation
65.16 68.50
72.00 75.69
79.57
83.54
Director of Public Works / City Eng
76.26 80.16
84.27 88.58
93.12
97.78
Police Chief
85.44 89.82
94.42 99.25
104.33
109.55
Effective the Pay Period that includes July 1, 2020
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Assistant City Manager
83.81
88.11
92.62
97.36
102.35
107.46
Deputy City Manager
71.25
74.90
78.73
82.77
87.00
91.35
Director of Community Dev
71.79
75.47
79.33
83.40
87.67
92.05
Director of Economic Development
66.27
69.58
73.06
76.71
80.55
84.58
Director of Finance / City Treasurer
76.71
80.64
84.77
89.11
93.67
98.36
Director of Human Resources
65.13
68.47
71.97
75.66
79.53
83.51
Director of Parks & Recreation
67.11
70.55
74.16
77.96
81.95
86.05
Director of Public Works / City Eng
78.55
82.57
86.80
91.24
95.91
100.71
Police Chief
88.01
92.51
97.25
102.23
107.46
112.84
Resolution 18-62
Page 17 of 21
APPENDIX B - MANAGEMENT HOURLY SALARY RANGES
Effective the Pay Period that includes July 1, 2018
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Accounting Supervisor
45.16
47.47
49.90
52.46
55.14
57.90
Administrative Services Mgr
51.16
53.78
56.54
59.43
62.48
65.60
Assistant Dir of Com Dev-Plan
56.40
59.28
62.32
65.51
68.87
72.31
Assistant Dir of Comm Dev
56.40
59.28
62.32
65.51
68.87
72.31
Assistant Dir of Comm Dev-Bldg
59.22
62.25
65.44
68.79
72.31
75.92
Assistant to the City Manager
51.16
53.78
56.54
59.43
62.48
65.60
Building Inspection Supv
39.46
41.48
43.61
45.84
48.19
50.60
Building Official
53.41
56.15
59.02
62.04
65.22
68.48
City Clerk
50.28
52.85
55.56
58.40
61.39
64.46
Deputy Building Official
50.53
53.12
55.84
58.70
61.70
64.79
Deputy Director of Econ Devel
56.40
59.28
62.32
65.51
68.87
72.31
Deputy Director of Finance
56.40
59.28
62.32
65.51
68.87
72.31
Deputy Director of Parks & Rec
51.16
53.78
56.54
59.43
62.48
65.60
Deputy Director of PW - Eng
61.55
64.70
68.01
71.49
75.16
78.91
Deputy Director of PW - Ops
59.19
62.22
65.41
68.76
72.28
75.89
Deputy Police Chief
72.57
76.29
80.20
84.21
88.42
92.84
Economic Devel & Housing Mgr
52.33
55.01
57.82
60.78
63.90
67.09
Economic Development Proj Mgr
39.76
41.80
43.94
46.19
48.55
50.98
Field Services Manager
51.16
53.78
56.54
59.43
62.48
65.60
Finance Manager
51.16
53.78
56.54
59.43
62.48
65.60
Human Resources Manager
51.16
53.78
56.54
59.43
62.48
65.60
Information Tech Supervisor
50.28
52.85
55.56
58.40
61.39
64.46
Maintenance Supervisor
34.48
36.25
38.11
40.06
42.11
44.22
Plan Check Supervisor
39.46
41.48
43.61
45.84
48.19
50.60
Police Captain
65.68
69.04
72.57
76.29
80.20
84.21
Police Civilian Commander
51.81
54.46
57.25
60.18
63.26
66.42
Principal Engineer
50.53
53.12
55.84
58.70
61.70
64.79
Principal Management Analyst
47.26
49.68
52.22
54.90
57.71
60.60
Principal Plan Check Engineer
50.53
53.12
55.84
58.70
61.70
64.79
Principal Planner
49.41
51.94
54.60
57.39
60.33
63.35
Public Works Inspection Supv
35.73
37.56
39.48
41.51
43.63
45.81
Public Works Manager
48.92
51.42
54.05
56.82
59.73
62.72
Recreation Superintendent
44.60
46.88
49.28
51.81
54.46
57.18
Recreation Supervisor
34.14
35.89
37.73
39.66
41.69
43.78
Senior Accountant
35.89
37.73
39.66
41.69
43.83
46.02
Senior Information Tech Spec
36.43
38.30
40.26
42.32
44.49
46.71
Senior Management Analyst
47.20
49.62
52.16
54.83
57.64
60.59
Senior Planner
39.76
41.80
43.94
46.19
48.55
50.98
Water Maint & Const Supv
37.92
39.86
41.90
44.05
46.30
48.62
Resolution 18-62
Page 18 of 21
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Water Services Manager
56.68
59.58
62.63
65.84
69.21
72.67
Water Treatment Supervisor
43.28
45.50
47.83
50.28
52.85
55.49
Resolution 18-62
Page 19 of 21
Effective the Pay Period that includes July 1, 2019
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Accounting Supervisor
46.51
48.90
51.40
54.03
56.80
59.64
Administrative Services Mgr
52.70
55.40
58.23
61.22
64.35
67.57
Assistant Dir of Com Dev-Plan
58.09
61.06
64.19
67.48
70.93
74.48
Assistant Dir of Comm Dev
58.09
61.06
64.19
67.48
70.93
74.48
Assistant Dir of Comm Dev-Bldg
60.99
64.12
67.40
70.85
74.48
78.20
Assistant to the City Manager
52.70
55.40
58.23
61.22
64.35
67.57
Building Inspection Supv
40.65
42.73
44.92
47.22
49.63
52.12
Building Official
55.01
57.83
60.79
63.91
67.18
70.54
City Clerk
51.79
54.44
57.22
60.16
63.24
66.40
Deputy Building Official
52.04
54.71
57.51
60.46
63.55
66.73
Deputy Director of Econ Devel
58.09
61.06
64.19
67.48
70.93
74.48
Deputy Director of Finance
58.09
61.06
64.19
67.48
70.93
74.48
Deputy Director of Parks & Rec
52.70
55.40
58.23
61.22
64.35
67.57
Deputy Director of PW - Eng
63.39
66.64
70.05
73.64
77.41
81.28
Deputy Director of PW - Ops
60.97
64.09
67.37
70.82
74.45
78.17
Deputy Police Chief
74.75
78.58
82.60
86.73
91.07
95.62
Economic Devel & Housing Mgr
53.90
56.66
59.56
62.61
65.81
69.10
Economic Development Proj Mgr
40.95
43.05
45.26
47.57
50.01
52.51
Field Services Manager
52.70
55.40
58.23
61.22
64.35
67.57
Finance Manager
52.70
55.40
58.23
61.22
64.35
67.57
Human Resources Manager
52.70
55.40
58.23
61.22
64.35
67.57
Information Tech Supervisor
51.79
54.44
57.22
60.16
63.24
66.40
Maintenance Supervisor
35.52
37.34
39.25
41.26
43.37
45.54
Plan Check Supervisor
40.65
42.73
44.92
47.22
49.63
52.12
Police Captain
67.65
71.11
74.75
78.58
82.60
86.73
Police Civilian Commander
53.36
56.09
58.97
61.98
65.16
68.42
Principal Engineer
52.04
54.71
57.51
60.46
63.55
66.73
Principal Management Analyst
48.68
51.17
53.79
56.55
59.44
62.41
Principal Plan Check Engineer
52.04
54.71
57.51
60.46
63.55
66.73
Principal Planner
50.89
53.49
56.23
59.11
62.14
65.25
Public Works Inspection Supv
36.80
38.69
40.67
42.75
44.94
47.19
Public Works Manager
50.38
52.96
55.67
58.53
61.52
64.60
Recreation Superintendent
45.94
48.29
50.76
53.36
56.09
58.90
Recreation Supervisor
35.17
36.97
38.86
40.85
42.94
45.09
Senior Accountant
36.97
38.86
40.85
42.94
45.14
47.40
Senior Information Tech Spec
37.53
39.45
41.47
43.59
45.82
48.11
Senior Management Analyst
48.62
51.11
53.72
56.48
59.37
62.41
Senior Planner
40.95
43.05
45.26
47.57
50.01
52.51
Water Maint & Const Supv
39.05
41.05
43.16
45.37
47.69
50.07
Water Services Manager
58.38
61.37
64.51
67.81
71.29
74.85
Water Treatment Supervisor
44.58
46.86
49.26
51.79
54.44
57.16
Resolution 18-62
Page 20 of 21
Effective the Pay Period that includes July 1, 2020
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Accounting Supervisor
47.91
50.36
52.94
55.65
58.50
61.43
Administrative Services Mgr
54.28
57.06
59.98
63.05
66.28
69.59
Assistant Dir of Com Dev-Plan
59.83
62.89
66.12
69.50
73.06
76.71
Assistant Dir of Comm Dev
59.83
62.89
66.12
69.50
73.06
76.71
Assistant Dir of Comm Dev-Bldg
62.82
66.04
69.42
72.98
76.71
80.55
Assistant to the City Manager
54.28
57.06
59.98
63.05
66.28
69.59
Building Inspection Supv
41.87
44.01
46.26
48.63
51.12
53.68
Building Official
56.66
59.57
62.62
65.82
69.19
72.65
City Clerk
53.34
56.07
58.94
61.96
65.13
68.39
Deputy Building Official
53.61
56.35
59.24
62.27
65.46
68.73
Deputy Director of Econ Devel
59.83
62.89
66.12
69.50
73.06
76.71
Deputy Director of Finance
59.83
62.89
66.12
69.50
73.06
76.71
Deputy Director of Parks & Rec
54.28
57.06
59.98
63.05
66.28
69.59
Deputy Director of PW - Eng
65.30
68.64
72.15
75.85
79.73
83.72
Deputy Director of PW - Ops
62.80
66.01
69.39
72.95
76.68
80.51
Deputy Police Chief
76.99
80.94
85.08
89.33
93.80
98.49
Economic Devel & Housing Mgr
55.51
58.36
61.34
64.49
67.79
71.18
Economic Development Proj Mgr
42.18
44.34
46.61
49.00
51.51
54.08
Field Services Manager
54.28
57.06
59.98
63.05
66.28
69.59
Finance Manager
54.28
57.06
59.98
63.05
66.28
69.59
Human Resources Manager
54.28
57.06
59.98
63.05
66.28
69.59
Information Tech Supervisor
53.34
56.07
58.94
61.96
65.13
68.39
Maintenance Supervisor
36.59
38.46
40.43
42.50
44.67
46.91
Plan Check Supervisor
41.87
44.01
46.26
48.63
51.12
53.68
Police Captain
69.67
73.24
76.99
80.94
85.08
89.33
Police Civilian Commander
54.96
57.78
60.73
63.84
67.11
70.47
Principal Engineer
53.61
56.35
59.24
62.27
65.46
68.73
Principal Management Analyst
50.14
52.71
55.41
58.24
61.22
64.29
Principal Plan Check Engineer
53.61
56.35
59.24
62.27
65.46
68.73
Principal Planner
52.42
55.10
57.92
60.89
64.00
67.20
Public Works Inspection Supv
37.91
39.85
41.89
44.03
46.29
48.60
Public Works Manager
51.89
54.55
57.34
60.28
63.37
66.54
Recreation Superintendent
47.31
49.74
52.28
54.96
57.78
60.66
Recreation Supervisor
36.22
38.08
40.03
42.08
44.23
46.44
Senior Accountant
38.08
40.03
42.08
44.23
46.50
48.82
Senior Information Tech Spec
38.65
40.63
42.71
44.90
47.20
49.56
Senior Management Analyst
50.08
52.64
55.34
58.17
61.15
64.28
Senior Planner
42.18
44.34
46.61
49.00
51.51
54.08
Water Maint & Const Supv
40.23
42.29
44.45
46.73
49.12
51.58
Water Services Manager
60.13
63.21
66.45
69.85
73.43
77.10
Water Treatment Supervisor
45.92
48.27
50.74
53.34
56.07
58.87
Resolution 18-62
Page 21 of 21
RESOLUTION NO. 18-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, RELATING TO COMPENSATION
AND BENEFITS FOR UNREPRESENTED SUPERVISORY
AND CONFIDENTIAL EMPLOYEES, AND SUPERSEDING
RESOLUTION 16-39 AND RESOLUTION 15-37
WHEREAS, the employees covered by this Resolution constitute Supervisory and
Confidential personnel; and
WHEREAS, the City Council has consulted with the City Manager concerning the
proposed employment terms contained herein;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin
(the "City") authorizes staff to implement the provisions of this Resolution and modify the
City's Classification and Compensation Plans to reflect the changes approved in this
Resolution, and that the wages, hours and conditions of employment be adopted and set
forth as follows:
CHAPTER 1 — GENERAL PROVISIONS
Section 1: Classifications
A "supervisory" employee is broadly defined as an employee with authority to hire,
transfer, promote, discipline or assign other employees or effectively to recommend
such action. These employees are often excluded from the bargaining unit of
employees whom they supervise and prevented from being represented by the same
organization that represents the employees supervised. The Supervisory unit consists of
the classifications listed in Appendix A.
A "confidential" employee is broadly defined as an employee who is privy to information
that affects employee relations. The employees designated as "confidential" by the City of
Tustin are those employees who, in the course of their duties, have access to information
relating to the City's administration of the Meyers-Milias-Brown Act (MMBA) (Cal. Gov.
Code §3500 et seq.). These employees are not represented by an association or labor
organization. The Confidential unit consists of the classifications listed in Appendix B.
Section 2: Effective Dates
The effective date of each section is July 1, 2018, unless otherwise stated herein.
Resolution 18-63
Page 1 of 15
CHAPTER 2 — COMPENSATION
Section 3: Salary
Effective the pay period which includes July 1, 2018, employees shall receive a three
percent (3.0%) base salary increase.
Effective the pay period which includes July 1, 2019, employees shall receive a three
percent (3.0%) base salary increase.
Effective the pay period which includes July 1, 2020, employees shall receive a three
percent (3.0%) base salary increase.
The salary ranges for employees covered by this Resolution are hereby incorporated and
listed in Appendix A and Appendix B. The attached salary ranges shall constitute the basic
compensation plan consisting of six (6) steps in each range.
Section 4: Overtime Compensation
Supervisory and Confidential classifications are designated as non-exempt under the
Fair Labor Standards Act. Employees shall receive overtime compensation at a rate of
time and one-half for all approved overtime hours worked in excess of forty (40) hours
worked in a seven (7) day work period. General Leave, Compensatory Time Off and
Holiday hours shall be counted as hours worked for purposes of determining overtime
eligibility.
Overtime paid by this Resolution in excess of the requirements of the FLSA (when an
employee actually works in excess of 40 hours in their defined FLSA workweek) is paid
at 1.5 times the employee's base hourly rate of pay.
Overtime paid per the requirements of the FLSA includes base pay plus any additional
forms of pay which are provided to employees and required to be included in the FLSA
regular rate (i.e., overtime rate).
Section 5: Bilingual Pay
The City shall pay Bilingual Pay in the amount of one hundred dollars ($100) per month
(paid bi-weekly) to employees in City -designated positions who demonstrate
conversational skill in Spanish or another language approved by the Director of Human
Resources as necessary for City business.
To qualify for Bilingual Pay, the employee must 1) have a business need to speak
Spanish or another City -approved language in the performance of his/her public contact
duties on a frequent and recurring basis and 2) successfully pass a City -sponsored
examination for conversational skill. The Director of Human Resources may limit the
Resolution 18-63
Page 2 of 15
number of employees receiving Bilingual Pay based on the needs of the City and may
discontinue Bilingual Pay for any employee who no longer uses bilingual skills in the
course of work.
Individuals are eligible to receive Bilingual Pay at the beginning of the first pay period
after the Human Resources Department receives the employee's passing test results.
In compliance with the California Public Employees' Retirement System regulations and
definition of special compensation (2 CCR §571), the monetary value of bilingual pay
(Bilingual Premium) shall be reported to CalPERS as special compensation described in
Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as a "special assignment pay" — a type of
reportable special compensation.
Section 6: Acting Pay
An employee assigned to temporarily work in a higher classification will receive Acting
Pay. At the City Manager's discretion, during the Acting assignment the employee will
either receive Acting Pay in an amount equal to 5% of the employee's base pay or the
amount necessary to increase the employee's base salary to any step in the salary range
of the higher classification. Acting Pay will be paid effective the beginning of the first full
pay period in which the employee serves in the Acting assignment.
In accordance with Government Code section 20480, an employee's Acting assignment
may not exceed a total of 960 hours in a fiscal year if the Acting assignment is for a
position that is vacant during the recruitment for a permanent appointment. This hours limit
does not apply to an Acting assignment that is temporarily available due to another
employee's leave of absence.
In compliance with the California Public Employees' Retirement System regulations and
definition of Special Compensation (2 CCR §571), the monetary value of Acting Pay shall
be reported to CalPERS as Special Compensation for "classic members" as defined by
the Public Employees' Pension Reform Act (PEPRA) of 2013. Acting Pay ("Temporary
Upgrade Pay") is described in Title 2 CCR, Section 571(a)(3) as a "premium pay" — a type
of reportable special compensation. This pay is not reportable as special compensation for
employees define as "new members" under PEPRA. In the event of a dispute, it is
ultimately CalPERS who determines whether any form of pay is reportable special
compensation.
CHAPTER 3 — BENEFITS
Section 7: Flexible Benefits Plan
The City contracts with the California Public Employees' Retirement System (CaIPERS)
for the provision of medical insurance. All Confidential employees shall receive the
minimum amount required under the Public Employees' Medical and Hospital Care Act
(PEMHCA) ($133 for calendar year 2018, $136 for calendar year 2019, and a yet to be
Resolution 18-63
Page 3 of 15
determined amount for subsequent calendar years) as well as an additional amount
which is provided under a Section 125 Flexible Benefits program. The amounts below
include the minimum amount under PEMHCA.
Effective the pay period that includes July 1, 2018, the monthly Flexible Benefits
contribution per employee is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,150 $1,275 $1,425
Effective the pay period that includes July 1, 2019, the monthly Flexible Benefits
contribution per employee is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,250 $1,375 $1,525
Effective the pay period that includes July 1, 2020, the monthly Flexible Benefits
contribution per employee is as follows:
Employee Only Employee + 1 Employee + 2
Dependent or more Dependents
$1,350 $1,475 $1,625
Designated part-time benefitted employees shall be eligible for the Flexible Benefits
contribution on a pro -rata share based upon position allocation (i.e., a % time employee
shall receive a 50% contribution; a 3% time employee shall receive a 75% contribution).
Employees who do not take medical insurance through the program offered by the City
shall receive $450 per month as the Flexible Benefits Opt -Out contribution. Designated
part-time benefitted employees shall be eligible for the Flexible Benefits Opt -Out
contribution on a pro -rata share based upon position allocation (i.e., a % time employee
shall receive a 50% contribution; a 3% time employee shall receive a 75% contribution).
As a condition of receiving such amount, the employee must provide evidence,
satisfactory to the City, that he/she has medical insurance coverage comparable to
coverage available through the City program. If an employee elects to opt out of medical
coverage offered by the City, he/she must provide proof of "minimum essential
coverage" (as defined by the Affordable Care Act) through another source (other than
coverage in the individual market, whether or not obtained through Covered California).
The Flexible Benefits contribution consists of mandatory and discretionary allocations
which may be applied to City -sponsored programs, including required City payment
towards employee medical insurance under the Public Employees' Medical and Hospital
Care Act (PEMHCA). Employees may allocate the remaining amount among the
following City -sponsored programs:
Resolution 18-63
Page 4 of 15
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending Account programs (medical and/or
dependent care reimbursement programs)
6. Eligible catastrophic care programs
7. 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.
The Flexible Benefits Program is governed by Section 125 of the Internal Revenue
Code (IRC). The City retains the right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement
programs is voluntary and employee -funded.
Section 8: Retirement
Employees covered under this Resolution 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.
Miscellaneous members employed by the City by December 31, 2011 shall be enrolled
in the CaIPERS 2% @ 55 plan in accordance with Government Code Section 21354 for
Local Miscellaneous members. The plan includes both an employer and employee
contribution. Effective the pay period that includes July 1, 2013, the employee is
responsible for paying the employee contribution of 7% of the employee's wages
through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is
made on a pre-tax. The plan has been amended to include Section 21573 (Third Level
of 1959 Survivor Benefits), Section 20042 (One -Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for
paying the employee portion of the 1959 Survivor benefit premium.
These employees are responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for
a total employee pension contribution of ten percent (10%).
Miscellaneous members employed by the City on or after January 1, 2012 who are
"classic members" as defined by the Public Employees' Pension Reform Act (PEPRA)
Resolution 18-63
Page 5 of 15
of 2013 shall be enrolled in the CalPERS 2% @ 60 plan for Local Miscellaneous
members. The plan includes both an employer and employee contribution.
The employee is responsible for paying the employee contribution of 7% of the
employee's wages through a payroll deduction. The City has adopted the CalPERS
resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee
contribution is made on a pre-tax basis. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years
of employment immediately preceding the effective date of his or her retirement or as
designated by the employee in accordance with Government Code Section 20037. The
plan provides for 3rd level of 1959 Survivor benefits with the employee paying the
employee portion of the premium.
These employees are responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for
a total employee pension contribution of ten percent (10%).
Individuals first employed by the City on or after January 1, 2013 who are defined as
"new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the CalPERS 2% @ 62 plan for Local Miscellaneous members.
The employee is responsible for paying the employee contribution of one-half of the
total normal cost of the plan, as defined by CalPERS, through a payroll deduction.
Effective the pay period including July 1, 2018, the employee contribution is 5.75%. This
amount will be determined by CalPERS in the future. The City has adopted the
CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the
employee contribution is made on a pre-tax basis.
This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code Section 7522.32(a). The plan provides for 3rd level
of 1959 Survivor benefits with the employee paying the employee portion of the
premium.
Section 9: Life Insurance
The City will provide life insurance for each employee and pay the required premiums.
The death benefit of said policy shall be one hundred thousand dollars ($100,000). The
City will also provide $1,000 per dependent of dependent life insurance and pay the
required premiums.
Resolution 18-63
Page 6 of 15
Section 10: Short -Term / Long -Term Disability Insurance
The City shall maintain a short-term / long-term disability (STD/LTD) insurance program
for non -industrial illnesses or injuries. Eligibility for benefits is subject to the
requirements and approval of the STD/LTD insurance carrier.
An employee who is receiving STD benefits under the City's program will be granted a
leave of absence for the duration of his/her non -industrial disability subject to a
maximum period of six (6) months. Such leave of absence may be extended for an
additional six (6) months under LTD, upon approval of the City Manager.
All employees are required to participate in the program. Premiums are deducted from
the employee's pay on an after-tax basis.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the
employee is first required to use 80 consecutive hours of his/her accrued leave during
the 30 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 for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period,
the employee shall be compensated by the City at the rate of 60% of the employee's
pre -disability base salary. This City payment is taxable income. The employee may
supplement this City payment with accrued leave to enable him/her to receive an
amount equivalent to no more than 100% of his/her pre -disability earnings.
In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run
concurrently with FMLA/CFRA leave.
For a new employee who has worked for the City for less than 12 consecutive months,
and is therefore not eligible for FMLA/CFRA leave, the City will nevertheless provide the
employee with the same Flexible Benefits contribution as was provided at the time of
the non -industrial injury, for a period not to exceed 90 days. Should an employee
receive 90 days of City -paid Flexible Benefits within the 12 month period prior to being
eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently eligible to
receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City
for his/her previous contribution.
Once the employee is on leave without pay, or the first 80 hours of leave has passed
(whichever occurs first), no paid leave shall accrue to the employee.
After the 30 day elimination period, the STD/LTD carrier will provide the employee with
a benefit of 60% of pre -disability base salary. The employee may supplement the
STD/LTD carrier's payment with accrued paid leave to enable him/her to receive an
amount equivalent to no more than 100% of his/her pre -disability earnings.
The employee is responsible for all benefit elections and payments during his/her leave
Resolution 18-63
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unless he/she is eligible to opt out of such elections and chooses to do so. In the event
the employee chooses 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/LTD
program). In the event timely payment is not made, the City is authorized to reduce the
employee's accrued paid leave accounts, in an amount equivalent to the premiums
owed by the employee. In the event no paid leave is available, the City is authorized to
cancel the employee's coverage.
An employee is only eligible for the City's 60% STD/LTD salary continuation benefit
once in any rolling 12 -month period.
Section 11: Textbook and Tuition Reimbursement
The City shall provide eligible employees with textbook and tuition reimbursement in
accordance with the guidelines and procedures specified in the Personnel Rules.
Employees are eligible for this benefit after completion of the initial probationary period.
Requests to enroll in courses may be granted prior to the completion of probation;
however, payment will not be made until the employee has completed the probationary
period and attained regular status. Approval from the department head, Director of Human
Resources, and City Manager (when required) should be obtained prior to enrollment in
the course or program to ensure the City will approve the reimbursement request.
Employees may be reimbursed for up to $4,000 per calendar year in covered expenses
for attending graduate school, a four-year college or university, or a job-related program
through University of California or California State University extended education
programs and $2,000 per year for attendance at a California Community College. This
reimbursement benefit may be used for other job-related educational programs
administered by other professional organizations with the express approval of the City
Manager. If an employee separates from City service within one calendar year of
receiving this Tuition Reimbursement benefit, the employee is responsible for refunding
the City the full amount of the benefit that was paid. Funds will be deducted from the
employee's final paycheck to cover the re -payment of the tuition reimbursement.
Section 12: Cell Phones
Employees who are required by the City to use a cell phone for work for more than
nominal usage (as determined by the employee's department head) will be provided (at
each employee's choice) with a cell phone or a cell phone stipend as addressed below.
If a cell phone stipend is chosen, employees will receive $12 per pay period ($26 per
month), which is taxable income. The stipend is designed to contribute to an employee's
cell phone plan. It is not designed to fully pay for the plan. Any additional charges an
employee incurs are his/her own responsibility and those additional charges are not
eligible for reimbursement.
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Section 13: Retiree Medical Insurance
The City will reimburse eligible employees up to a maximum of $250 per month for the
payment of CaIPERS retiree medical insurance premiums. This amount includes the
minimum contribution towards retiree medical insurance required under the PEMHCA
program ($133 for calendar year 2018, $36 per month for calendar year 2019, and a yet
to be determined amount for subsequent calendar years).
An employee hired by the City prior to July 1, 2011 is eligible for this benefit provided
that he/she has been continuously employed by the City for five (5) full years, retires
from the City and CaIPERS, and enrolls in a CaIPERS medical insurance plan
immediately after retirement. Eligible employees who suffer a disability, are unable to
return to work, and take a disability retirement from CaIPERS may satisfy the five (5)
year continuous service requirement using a combination of service with the City and
service with any public agency with a reciprocal retirement system.
An employee hired by the City on or after July 1, 2011 is eligible for this benefit provided
that he/she has been continuously employed by the City for ten (10) full years, retires
from the City and CaIPERS, and enrolls in a CaIPERS medical insurance plan
immediately after retirement. Eligible employees who suffer a disability, are unable to
return to work, and take a disability retirement from CaIPERS may satisfy the ten (10)
year continuous service requirement using a combination of service with the City and
service with any public agency with a reciprocal retirement system.
Reimbursement shall not be made until an employee appears on the City's CaIPERS
insurance billing. In order to maintain the retiree medical insurance stipend throughout
retirement, an employee must maintain coverage in a CaIPERS medical insurance plan;
once coverage is dropped, reimbursement will cease and will not be reinstated.
Section 14: Retiree Health Savings Plan
Effective January 1, 2019, employees will have the option to make a payroll deduction
and contribute to a retiree health savings plan which will be set up by the City.
Contributions are voluntary by employees and the City will not make a contribution to
the plan.
CHAPTER 4 — LEAVES OF ABSENCE
Section 15: General Leave
Paid General Leave shall be granted to each full-time employee at the rates listed below
per year, prorated on a biweekly basis for each biweekly pay period in which the
employee is in paid status for at least 40 hours of the pay period. If the employee is in
paid status between 40 — 80 hours of a pay period, his/her General Leave will be
earned on a prorated basis for the pay period.
Resolution 18-63
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Service Hours Per Year Maximum Accrual
0 — 5 years 160 320
6 — 10 years 208 416
Over 10 years 248 496
Each January, Supervisory employees may be entitled to an additional eight (8) hours
of General Leave for satisfactory performance, upon the recommendation of their
Department Head.
At any time, employees may accumulate General Leave to a maximum of two (2) times
the employee's annual entitlement. Upon reaching the maximum, accrual will cease
until leave is used to reduce the accrual below the maximum. Upon separation from 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.
General Leave Cash Out
Until December 7, 2018:
Each employee may request that he/she be paid for a maximum of twenty (20) hours of
accrued General Leave. In addition, each employee may request that he/she be paid
for accrued General Leave based upon years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
Requests for cash out must be received no later than two weeks prior to the paycheck
date when the cash out is requested.
After December 7, 2018 and Each Year Thereafter:
Starting in 2018 (for payment in 2019) on or before the pay period which includes
December 15 of each calendar year, an employee may make an irrevocable election to
cash out up to the following amount of General Leave which will be earned in the
following calendar year at the employee's base rate of pay: a) up to twenty (20) hours of
accrued General Leave and b) up to an additional amount of accrued General Leave
based upon years of service as follows:
0-5 years
40 additional hours per year
6-10 years
50 additional hours per year
Over 10 years
60 additional hours per year
The employee can request that the cash out (of both a and b above) be processed on
Resolution 18-63
Page 10 of 15
any paycheck beginning July 1 of the following calendar year through the end of that
calendar year, as long as the employee has accrued the number of hours they elected
to cash out during the calendar year of the cash out. However, if the employee's
General Leave balance is less than the amount the employee elected to cash out (in the
prior calendar year) the employee will receive cash for the amount of leave the
employee has accrued at the time of the cash out. The employee may choose to
receive General Leave cash out all at once or on two different paychecks.
Section 16: Compensatory Time Off
Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of
receiving overtime compensation at the rate of one and one-half (1 1/) hours for each hour
of overtime worked. Employees may accrue up to ninety (90) hours of Compensatory
Time Off. Employees will be paid for all Compensatory Time Off in January 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.
An employee wishing to use his/her accrued Compensatory Time Off shall provide the City
with reasonable notice of such request. "Reasonable notice" is defined as at least two
weeks' notice. If reasonable notice is provided, the employee's request will not be denied
unless it would be unduly disruptive to the department to grant the request. A request to
use Compensatory Time Off with less than two weeks' notice may still be granted within
the discretion of the supervisor or manager responsible for considering the request.
Section 17: Holidays
The following days shall be holidays for which all employees will receive compensation
either in pay or paid time off:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Martin Luther King Jr. Day
Presidents' 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. If
a holiday falls on a day that is also an employee's regular day off, the employee will
accrue nine hours to his/her General Leave bank for the holiday. For employees on the
Resolution 18-63
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9/80 schedule, if a holiday falls on an employee's regularly scheduled working Friday,
the employee will receive eight hours of holiday pay and accrue one hour to his/her
General Leave bank.
Section 18: Bereavement Leave
Employees are allowed up to five (5) days of paid leave for the purpose of Bereavement
Leave in the event of a death in the "immediate family". For purposes of this section,
"immediate family" is defined as including spouse, registered domestic partner, mother,
stepmother, father, stepfather, brother, stepbrother, sister, stepsister, child, stepchild,
grandparent, stepgrand parent, grandchild and stepgrandchild of the employee or the
employee's spouse/registered domestic partner.
CHAPTER 5 — WORKING CONDITIONS
Section 19: Alternate Work Schedules
Employees are eligible for participation in the City's Alternate Work Schedule program.
Such work schedules are subject to the needs of the City and the employee's department.
The City Manager has the authority to implement rules, policies and procedures for
Alternative Work Schedules for Supervisory and Confidential employees.
Employees wishing to flex hours or modify their work schedule from one day to another
(for example, work 8 hours on Tuesday and 10 hours on Thursday) must receive
advance authorization from their supervisor. An employee's request to modify a work
schedule or flex his/her schedule is not intended, nor shall it be allowed, to enable an
overtime liability to the City pursuant to the MOU or the FLSA.
Section 20: Rest Periods
During each work shift of at least eight (8) hours, two (2) fifteen (15) minute rest periods
will be scheduled. The scheduling of rest periods shall be at the discretion of the
employee's supervisor and no compensation will be provided for rest periods not taken.
Resolution 18-63
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 11 th day of August 2018.
ELWYN A. MURRAY
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 18-63 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 11th day of
August 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 18-63
Page 13 of 15
APPENDIX A - SUPERVISORY HOURLY SALARY RANGES
Effective the pay period that includes July 1, 2018
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Customer Service Supervisor
29.48
30.99
32.58
34.24
36.00
37.80
Management Analyst II
38.70
40.68
42.72
44.90
47.20
49.62
Recreation Coordinator
28.33
29.78
31.30
32.90
34.59
36.32
Effective the pay period that includes July 1, 2019
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Customer Service Supervisor
30.36
31.92
33.55
35.27
37.08
38.93
Management Analyst II
39.86
41.90
44.00
46.25
48.62
51.11
Recreation Coordinator
29.17
30.67
32.24
33.89
35.63
37.41
Effective the pay period that includes July 1, 2020
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Customer Service Supervisor
31.27
32.88
34.56
36.33
38.19
40.10
Management Analyst II
41.06
43.16
45.32
47.64
50.08
52.64
Recreation Coordinator
30.05
31.59
33.21
34.91
36.69
38.53
Resolution 18-63
Page 14 of 15
APPENDIX B - CONFIDENTIAL HOURLY SALARY RANGES
Effective the pay period that includes July 1, 2018
Classification Step A
Step B
Step C
Step D
Step E Step F
Administrative Assistant-CONF 23.08
24.26
25.51
26.81
28.18 29.59
Executive Assistant-CONF 26.81
28.18
29.63
31.14
32.74 34.38
Executive Coordinator 30.76
32.33
33.99
35.73
37.56 39.44
Management Analyst I-CONF 33.32
35.02
36.82
38.70
40.68 42.72
Management Assistant-CONF 26.35
27.70
29.11
30.60
32.17 33.78
Office Support Specialist 21.76
22.87
24.04
25.27
26.57 27.89
Senior Management Ast-CONF 30.60
32.17
33.82
35.55
37.37 39.24
Effective the pay period that includes July 1, 2019
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Administrative Assistant-CONF
23.77
24.99
26.27
27.62
29.03
30.48
Executive Assistant-CONF
27.62
29.03
30.52
32.08
33.72
35.41
Executive Coordinator
31.68
33.30
35.01
36.80
38.69
40.62
Management Analyst I-CONF
34.32
36.07
37.92
39.86
41.90
44.00
Management Assistant-CONF
27.14
28.53
29.99
31.52
33.14
34.79
Office Support Specialist
22.41
23.56
24.76
26.03
27.36
28.73
Senior Management Ast-CONF
31.52
33.14
34.83
36.62
38.49
40.42
Effective the pay period that includes July 1, 2020
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Administrative Assistant-CONF
24.49
25.74
27.06
28.44
29.90
31.40
Executive Assistant-CONF
28.44
29.90
31.43
33.04
34.73
36.47
Executive Coordinator
32.63
34.30
36.06
37.90
39.85
41.84
Management Analyst I-CONF
35.35
37.16
39.06
41.06
43.16
45.32
Management Assistant-CONF
27.95
29.38
30.89
32.47
34.13
35.84
Office Support Specialist
23.08
24.26
25.51
26.81
28.18
29.59
Senior Management Ast-CONF
32.47
34.13
35.88
37.72
39.65
41.63
Resolution 18-63
Page 15 of 15