HomeMy WebLinkAbout01 TPSSA TPOA IMPASSE 04-14-05
AGENDA REPORT
Agenda Item
Reviewed:
City Manager ~
Finance Director ~
1
MEETING DATE:
APRil 14, 2005
TO:
WilLIAM A. HUSTON, CITY MANAGER
FROM:
HUMAN RESOURCES DEPARTMENT
SUBJECT:
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION (TPSSA) IMPASSE
TUSTIN POLICE OFFICERS ASSOCIATION- OFFICERS UNIT (TPOA)
IMPASSE
SUMMARY:
Impasse has been declared by Tustin Police Support Services Association (TPSSA),
Tustin Police Officers Association - Officers Unit (TPOA) and Tustin Police Officers
Association - Management Unit (TPMA).
Pursuant to the City's Impasse Procedure, the next step in the process is "A
Determination by the City Council [after a hearing on the merits of the dispute]."
Two of the three bargaining units at impasse are scheduled for this hearing with the City
Council.
RECOMMENDATION:
Conduct a hearing on the merits of the disputes with TPSSA and TPOA.
Pursuant to the recommendation of the City Manager, adopt Resolutions 05-59 and 05-
60 amending the City's Classification and Compensation plans and adopting revised
wages, fringe benefits and terms and conditions of employment for employees
represented by the TPSSA and the TPOA - Officers Unit.
FISCAL IMPACT:
TPSSA - Approximately $108,000 (excluding roll up costs) over the next 12 months
TPOA - Officers Unit - Approximately $286,900 (excluding roll up costs) over the next
12 months
BACKGROUND AND DISCUSSION:
The City of Tustin Personnel Rules and Regulations, Resolution #88-103 provides
guidelines for the City's employer-employee relations; Section 17 l of this Resolution
provides rules for the Resolution of Impasses.
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Pursuant to those rules, "Impasse" means that the representatives of the City and a
Recognized Employee Organization have reached a point in their meeting and
conferring in good faith where their differences on matters to be included in a
Memorandum of Understanding, and concerning which they are required to meet and
confer, remain so substantial and prolonged that further meeting and conferring would
be futile.
Impasse procedures may be invoked only after the possibility of settlement by direct
discussion has been exhausted.
Any party may initiate the impasse procedure by filing with the other party affected a
written request for an impasse meeting together with a statement of its position on all
disputed issues.
The impasse meeting is then scheduled by the City Manager. The purpose of such
impasse meeting is twofold: (1) to permit a review of the positions of all parties in a final
effort to reach agreement on the disputed issues, and (2) if agreement is not concluded,
to mutually select the specific impasse procedure to which the dispute shall be
submitted; in the absence of agreement between the parties on this point, the matter
shall be referred to the City Council.
The impasse meetings with the City Manager occurred on March 3, 2005. Prior to the
meetings the bargaining units requested that the issues of impasse be submitted to an
Arbitrator;. Consistent with past Council direction, this request was denied. As such,
the next step in the impasse procedure is for the City Council to make a determination
after a hearing on the merits of the dispute.
Tustin Police Support Services Association
The Tustin Police Support Services Association consists of approximately 40
employees in our police support services unit in non-management records,
communications, property and evidence and related classifications.
In late October, 2004 the TPSSA presented its request to meet and confer,
accompanied by a list of proposals for a successor Memorandum of Understanding
(MOU). The term of the prior MOU was AprilS, 2004 - December 31,2004.
The City began its discussions with TPSSA for a successor MOU in early November,
2004 pursuant to parameters established by the City Council.
The City's negotiating team met with TPSSA a total of 6 times including the impasse
meeting with the City Manager.
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In correspondence to the City dated January 13, 2005 (received January 31,2005),
TPSSA notified the City that its membership had voted to reject the City's last, best and
final offer for a memorandum of understanding covering wages, benefits and working
conditions; additionally, TPSSA declared impasse.
On March 3, 2005, the City Manager conducted an impasse meeting with the City and
the TPSSA negotiating teams to review the positions of all parties in a final effort to
reach agreement on the disputed issues. As a result of this meeting, the items that
remain in dispute for TPSSA are retroactivity for 2004, retroactivity for 2005, employer
contribution toward insurance benefits for 2005, and the retiree medical insurance
employer contribution.
While a variety of tentative agreements were reached through the negotiation process,
a summary of the key items contained in the City's last best and final offer is as follows:
.
Salary increase of 4.5%
Increase in the salary differential between Communication Officer II and
Communication Officer III from 4% to 5%
Increase in bi-lingual compensation to $50 per pay period
Increase in retiree medical insurance reimbursement to $250.00 per
month - includes any required contribution made pursuant to
PERS/PEMHCA.
General Leave accumulation and payout - 2.5 times the annual accrual
rate
Increase in shift differential pay to $50 per pay period
.
Tustin Police Officers Association - Officers Unit
The Tustin Police Officers Association Officers Unit consists of approximately 72
employees classified as Police Officers and Police Recruits.
In September, 2004 the TPOA Officers Unit presented its request to meet and confer,
accompanied by a list of proposals for a successor Memorandum of Understanding
(MOU). The term of the prior MOU was March 15,2004 - December 31,2004.
The City began its discussions with TPOA for a successor Memorandum of
Understanding in early October, 2004 pursuant to parameters established by the City
Council.
The City's negotiating team met with TPOA a total of 8 times including the impasse
meeting with the City Manager.
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In correspondence to the City dated January 13, 2005, the TPOA Officers unit notified
the City that its membership had voted to reject the City's last, best and final offer for a
memorandum of understanding covering wages, benefits and working conditions;
additionally, TPOA declared impasse.
On March 3, 2005, the City Manager conducted an impasse meeting with the City and
the TPOA - Officers Unit negotiating team to review the positions of all parties in a final
effort to reach agreement on the disputed issues. As a result of this meeting, the items
that remain in dispute are salaries, retroactivity for 2004, retroactivity for 2005, employer
contribution toward insurance benefits for 2005, and language related to the
methodology for the resolution of non-disciplinary appeals.
While a variety of tentative agreements were reached through the negotiation process,
a summary of the key items contained in the City's last best and final offer is as follows:
.
Salary increase of 4.5%
Increase in the uniform allowance to $429 per year
City payment of $20.50 per month per employee to the TPOA L TD fund
Addition of one commercial officer, as a specialty assignment, eligible for
specialty pay of 2.5%
Increase in eligibility for bike team specialty pay to 9 months per year
Increase in retiree medical insurance reimbursement to $350.00 per
month - includes any required contribution made pursuant to
PERS/PEMHCA
General Leave accumulation and payout - 2.5 times the annual accrual
rate
Addition of educational incentive pay for unit employees holding a Masters
degree at $375 per month
Increase in educational incentive pay for unit employees holding a
Bachelors degree at $325 per month and increase for those with an AA
pursuing a Bachelors Degree at $175 per month
.
.
.
.
The attached Resolutions incorporate those items which the City and the bargaining
units had tentatively agreed upon as well as the City's last, best and final offers made to
and declined by the TPSSA and the TPOA Officers Unit.
Adoption of these Resolutions will provide salary and benefit increases within the
parameters provided to the City's negotiating team by the City Council. Additionally, the
Resolutions continue to maintain controls on escalating health insurance costs and the
anticipated higher retirement rates from PERS while still maintaining a competitive
position in our 9-City survey group.
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The costs associated with these Resolutions during this fiscal year can be absorbed
within the current budget. In fiscal year 05/06 costs of the Resolutions will be included
in the budget that will be presented to the City Council.
~lc~~~ Co', \.:rttô-
Arlene Marks Gibbs, SPHR
Director of Human Resources
Attachments:
Resolution 05-60
Resolution 05-59
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RESOLUTION NO. 05-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN
FOR THE CITY OF TUSTIN AND IMPLEMENTING REVISED WAGES, FRINGE
BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES REPRESENTED BYTHE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
WHEREAS, the City Council has authorized and directed, under the
provisions of the City of Tustin Personnel Rules and Regulations, Resolution No. 88-
103, the preparation of a Classification and Compensation plan for all employees in
the municipal service of the City of Tustin; and
WHEREAS, Resolution No. 88-103 requires that amendments or revisions to
the compensation plan be approved by Resolution of the City Council; and
WHEREAS, the Tustin Police Support Services Association, hereinafter
referred to as "TPSSA" is the recognized employee organization for the police non-
sworn represented unit; and
WHEREAS, the Memorandum of Understanding with the TPSSA expired on
December 31,2004; and
WHEREAS, the City of Tustin, hereinafter referred to as "City" and the
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 were unable to reach agreement on wages,
salaries, fringe benefits, terms and conditions of employment and impasse has been
declared; and
WHEREAS, a determination by the City Council is the final step in the City's
Impasse Resolution Procedure; and
WHEREAS, the City Council believes it important to bring closure to this
process and desires to implement its last best and final offer to the TPSSA.
NOW, THEREFORE, be it resolved that the City Council of the City of Tustin,
California does hereby adopt the wages, salaries, fringe benefits, terms and
conditions of employment for employees in the police non-sworn represented unit as
set forth in Attachment 1.
Page 10131
ATTACHMENT 1
Police Non-Sworn Respresented Unit
Wages, Salaries, Fringe Benefits, and Terms and Conditions of Employment
SECTION 1. Effective Date.
This Resolution shall become effective on April 14, 2005, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
SECTION 2. Representation.
The TPSSA is the majority representative of City employees in the representation
unit, titled Police Non-Sworn, comprised of all full-time non-sworn, non-
administrative, and non-management employees of the Police Department, City of
Tustin for the purpose of representation on issues of wages, hours, and other terms
and conditions of employment and as such majority representative the Association is
empowered to act on behalf of all employees in the unit, whether or not they are
individually members of the Association.
SECTION 3. Represented Classes.
The classifications that comprise the Police Non-Sworn Representation Unit are as
follows:
Communications Officer I
Communications Officer III
Police Services Officer II
Police Support Specialist
Communications Officer II
Police Services Officer I
Police Services Officer III
Property & Evidence Technician
Part-time regular classifications, designated pursuant to the annual budget, listed
below shall be covered by this agreement: NONE
Regular part-time classifications, designated pursuant to the City budget, are those
classifications/positions that are anticipated to have work scheduled on a regular
year-round basis, an average of twenty or more hours per week, and the position is
anticipated to continue for a period in excess of twelve months. Such classifications
shall be designated as half-time (20-29 hours per week) or three-quarter time (30-39
hours per week).
The City shall budget annually for all positions on a Y:. time, % time or full time basis.
Only those classifications designated as a regular allocated position shall be
included for representation in this unit.
SECTION 4. Compensation.
Unit employees are placed on a salary and wage schedule consisting of five steps or
rates of pay in each range with an approximate increment of 5% between steps.
Page 2 0/31
Unless otherwise designated, effective April 18, 2005, the base salary rates of
represented classifications, and of all bargaining unit employees (other than those
who have been "Y" rated) in those classifications, shall be increased by four and
one-half percent (4.5%) as listed in Appendix A of this Resolution.
A. Resolution #88-103. SECTION 5. SALARY ADMINISTRATION, F. Salary in
other Instances, (2) Salary on Promotion, shall be amended to provide that upon a
promotion the employee shall receive a salary adjustment of at least 3%, provided
that in no event shall the promoted employee's salary exceed the maximum of the
range of the class to which he is promoted.
B. The preparation of the City's compensation plan, as related to those
classifications represented by TPSSA, as described in Section 4 of the City's
Personnel Rules and Regulations shall be subject to the meet and confer process.
C.
Unit employees shall be paid their earned salary on a bi-weekly basis.
D. Any bargaining unit emplo~es shall have as a salary review date the date
upon which he or she shall next be eiigible for consideration of a merit step increase.
However, any approved leaves of absence exceeding fifteen (15) work days will
result in the establishment of a new review date. Such date shall be based on the
existing salary review date plus the number of calendar days of leave of absence in
excess of fifteen (15) work days. Salary adjustments such as normal increases and
promotions shall be made at the start of the pay period closest to the employee's
salary review date unless otherwise authorized by the Human Resources Director.
E. All bargaining unit employees may be considered eligible for increases in
salary according to the following:
1. The letters A, B, C, D, and E respectively denotes the various
progressive steps in the pay range.
2. Employee shall be eligible to move from salary step "A" to salary step
"B" upon completion of six months of employment where the employee has
demonstrated satisfactory performance.
3. Employee shall be eligible to move from salary step "B" to salary step
"C" and thereafter to each step through the final salary step in the employee's
salary range upon completion of one year at the salary step where the
employee has demonstrated satisfactory performance.
4. For all employees eligible to advance between salary steps the
Department Head shall submit to the Human Resources Department a written
evaluation and recommendation to approve, delay, or deny the advancement.
All advancements between salary steps are subject to approval by the Human
Resources Director.
Page 3 0131
H.
I.
J.
F.
Salary on Demotion, Transfer or Reassignment
1. A bargaining unit employee subject to an involuntary demotion shall
have his/her new salary set at the highest step for the classification demoted
to closest to the step within the range of the classification to which he/she is
demoted minus three percent ß%). In the event the involuntary demotion
occurs during a promotional probationary period, and the employee returns to
his/her prior classification, the employee shall have his/her salary set at the
same step earned prior to the promotion. Demoted employees shall be
eligible for their next merit increase at their next salary review date which
existed prior to the demotion.
Employees who have a "Y" rating may retain their current salary level until
such time as the salary range for the classification demoted to becomes equal
to or greater than their "Y" rated salary. Said employees shall retain their
existing salary review date.
2. A regular employee who is demoted shall not be required to serve a
new probationary period, except that if demoted to a class in which the
employee has no previous experience a probationary period of one year will
be required.
3. An employee who is tansferred shall continue to receive the same
salary rate and his/her salary review date shall not change.
4. When a classification is reassigned to a higher salary range the salary
of each incumbent on the effective date of the reassignment shall be moved
to the step with the closest corresponding hourly rate in the new range and
the salary review date shall not change.
SECTION 5. Payroll Deductions.
Deductions of authorized amounts may be made from employee's pay for the following
purposes:
A.
B.
C.
D.
Withholding Tax;
Contributions to retirement benefits;
Contribution to survivors; benefits;
Payment of life insurance and accidental death and dismemberment
insurance premium;
Payment of non-industrial disability insurance premium;
Payment of hospitalization and major medical insurance premium;
Payment to a City dependent care or medical care reimbursement account
pursuant to the IRC Section 125;
Payment of supplemental insurance premium;
Payment to or savings in a Credit Union or Bank;
Contributions to United Way, Community Health Charities or other designated
charity organizations;
E.
F.
G.
Page40f31
K.
L.
M.
N.
O.
All authorized deductions to TPSSA
Purchase of United States Savings Bonds;
Payment for non-return of uniforms and/or equipment issued;
Other purposes as may be authorized by the City;
Deferred Compensation.
SECTION 6. Probationary Period.
Each bargaining unit employee shall be subject to an original and promotional
probationary period of one year with the exception of the classification of
Communications Officer I which shall have a probationary period of eighteen (18)
months. The Department Head may recommend to the Human Resources Director to
extend for a period not to exceed ninety (90) days the probationary period of any unit
employee.
A unit employee rejected during a promotional probationary period shall be reinstated to
the position and status from which promoted unless the employee is being discharged
for cause. Employees being disciplined for cause during a promotional probationary
period shall have the right of appeal using the existing disciplinary appeals procedure.
Any leave of absence without pay exceeding fifteen (15) work days may cause the
employee's probationary period to be extended by the number of work days of such
leave that are in excess of fifteen (15) days.
SECTION 7. Uniforms.
The City will provide a uniform maintenance allowance of two-hundred and fifty dollars
($250.00) annually for those employees required by the City to wear uniforms full time.
A unit employee who wears a uniform half-time shall be compensated at fifty percent,
an annual amount of one hundred and twenty-five dollars ($125.00).
SECTION 8. Bilinaual Compensation.
The City shall pay fifty dollars ($50.00) per pay period to employees in City designated
positions who can demonstrate a skill in Spanish at the conversational level, or in
another language which the City Manager has approved as being needed for City
business. Should a conflict arise regarding designation of an employee for
compensation, proficiency and need shall determine who is eligible. Management will
determine where and when the need is greatest, and management will devise and
administer a testing vehicle to determine degrees of proficiency.
Page 5 0/31
SECTION 9. Retirement.
A. The City shall continue to "pick up" and pay on behalf of each employee the
employee's required contribution to the Public Employees Retirement System (PERS) in
the amount equal to seven percent (7%) of the employee's "compensation earnable".
Employees serving in a classification covered by this agreement shall have a vested
right to receive all of the retirement benefits entitled them as of the effective date of this
agreement. Employees serving in a classification covered by this agreement participate
in the PERS 2% @ 55 Supplemental a Modified Formula for Local Miscellaneous
Members which includes one-year final compensation (final compensation calculated
using the last, or highest, twelve consecutive monthly pay rates) and the 3rd level of
1959 Survivor Benefits.
B. Designated regular part-time unit employees shall be eligible for participation in
PERS in the same manner as regular full-time employees.
C. The employee is required to pay the cost of the employee share of 3"d Level,
1959 Survivor Benefits Premium.
SECTION 10. Social Security.
In the event the City and its employees are required to participate in the Federal Social
Security Program, the contributions designated by law to be the responsibility of the
employee shall be paid in full by the employee and the City shall not be obligated to pay
or "pick up" any portion thereof.
SECTION 11. Overtime Compensation.
All represented employees shall receive premium compensation of time and one-half for
all approved overtime hours worked in excess of; (1) regularly scheduled hours per shift
or (2) forty (40) hours worked in a seven (7) day work period. General Leave,
Compensatory Time and Holiday Hours shall be included within the above hours for
eligibility, provided however, that standby time shall not be considered in determining
entitlement to premium compensation.
SECTION 12. Employee Life Insurance.
City will provide life insurance on each life of each regular, permanent full-time, non-
administrative, non-confidential, non-management general employee of the City and
pay the premiums thereof. The death benefit of said policy shall be the greater of
$50,000.00 or one hundred percent (100%) of the employee's base annual salary to the
nearest multiple of $1 ,000.00.
Designated regular part-time unit employees shall be eligible for employee life
insurance on a pro-rata share based upon position allocation. The death benefit of said
policy for part-time employees shall be the greater of $25,000.00 (for 1/2 time) or
$37,500 (for 3/4 time).
Page 6 0131
SECTION 13. Flexible Benefits Plan.
The Flexible Benefits Plan will be as follows:
A. Flexible Benefits Contribution per month per eligible employee:
Employee Only
Dependent
Employee + 1
Dependents
Employee + 2 or more
$372
$568
$744
Designated regular part-time employees shall be eligible for the flexible benefit plan
contribution on a pro-rata share based upon allocation (i.e. a Y:. time employee shall
receive a 50% allocation; a % time employee shall receive a 75% allocation).
B. Employees who do not take medical insurance through the program offered by the
City shall receive $300 per month in lieu of the flexible benefits contribution. As a
condition of receiving such amount, the employee must provide evidence,
satisfactory to the City, that he/she has medical and dental insurance coverage
comparable to coverage available through the City program. Designated regular
part-time employees shall be eligible for the in-lieu flexible benefit plan contribution
on a pro-rata share based upon allocation (i.e. a Y:. time employee shall receive a
50% allocation; a % time employee shall receive a 75% allocation).
C. The Flexible Benefits contribution consists of mandatory and discretionary
allocations which may be applied to City sponsored programs. Employees are
required to take employee only medical and dental insurance (employees may opt
out pursuant to evidence of satisfactory coverage) with premiums to be paid out of
their contribution and $16 of the contribution constitutes the City payment towards
employee medical insurance. Employees may allocate the remaining amount
among the following programs:
1. Medical insurance offered under the Public Employees' Medical and
Hospital Care Act Program.
2. Dependent Dental Insurance
3. Additional Life Insurance
4. Vision Insurance
5. Deferred Compensation
6. Section 125 Dependent or Medical Care Reimbursement Programs
7. Eligible Catastrophic Care Programs
8. Cash
Discretionary allocations are to be made in accordance with program/City
requirements including restrictions as to the time when changes may be made in
allocations to the respective programs.
Page70f31
D. Section 125 Program
The Section 125 Program will be continued in full force and effect for the duration of
this agreemeri unless changed by mutual agreement of the City and Association.
The City retains the right to change administrators for cause.
SECTION 14. Consolidated Omnibus Budqet Reconciliation Act of 1985.
Employees who are allowed to remain on a City health, dental or other insurance plan
following separation from employment pursuant to the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), may be charged the maximum rate permissible by
law for such coverage (presently 102% of the premium for an active employee).
SECTION 15. Retiree's Health Insurance.
The City will contribute a maximum of $250.00 per month towards the payment of
medical insurance premiums for employees who have 5 years of continuous City
service and at the time of leaving City service, retire with a PERS pension. Such
contribution includes any required contribution made for eligible retirees under the
PERS Public Employees' Medical and Hospital Care Act Program.
SECTION 16. Bereavement Leave. City will allow up to three (3) days with pay for the
purpose of bereavement leave for all non-administrative, non-confidential, and non-
management general employees of City in the event of a death in the immediate family.
"Immediate Family" shall be defined as including spouse, mother, father, brother, sister,
child, grandparent, and grandchild of the employee or the employee's spouse.
SECTION 17. Attendance. All bargaining unit employees shall be in attendance at
work in accordance with the City's and/or Department's rules regarding hours of work,
holidays, and leaves.
Any employee who is absent from duty shall report the reason for such absence to the
Department Head or his/her immediate supervisor prior to the absence as much in
advance as possible and in no case later than two (2) hours before the beginning of the
employee's scheduled work shift. Absences not reported in such a manner may be
considered absence without authorized leave. A deduction of pay may be made for the
duration of any absence without authorized leave. Upon return to work, such absence
shall be justified to the Department Head who shall consider the need for disciplinary
action or to approve the absence as unavoidable and allow the employee to make up
the lost time or cover it with general leave.
Failure of an employee absent without leave and without reasonable cause to report to
work for three (3) consecutive scheduled work days may be cause for immediate
discharge.
Page 8 0131
Continuous service for advancement within a salary range shall be considered as
interrupted if the employee experiences a leave of absence without pay in excess of
fifteen (15) work days. No absence with pay shall be considered an interruption of an
employee's continuous service and shall not be deducted in computing total city service
time.
SECTION 18. Holidays. The following days shall be holidays for which full-time regular
and probationary employees, in permanent positions, will receive compensation either
in payor paid time off.
January 1
Third Monday in February
Last Monday in May
July4
First Monday in September
November 11
Thursday in November
designated by the President or
Governor as Thanksgiving Day.
Day foliOlNing Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve Holiday
Christmas Day
New Year's Eve Holiday
A. When a holiday falls on a Sunday, the following Monday will be observed
instead. When a holiday falls on a Saturday, the preceding Friday will be observed
instead. During the term of this agreement when a holiday falls on a Friday that is not a
workday the holiday will be observed on the following Monday. For each holiday, full-
time regular and probationary personnel on shifts will receive nine (9) hours of General
Leave for each day or equivalent pay, whichever, in the judgment of the Personnel
Officer, best serves the interest of the City. Full-time regular and probationary
personnel not assigned to shifts will receive paid time off; nine (9) hours for a day. If a
non-shift employee's scheduled day off falls on the day of the holiday, he shall receive
nine (9) hours pay for each day.
If the number of hours paid on a holiday is less than the hours that would be paid if the
employee worked his regular shift, credited compensatory time or general leave will be
used to ensure that hours paid will be equal to what he would receive for his regular
shift.
B. In December of each year, each regular and promotional probationary
employee may request a cash out of his/her holiday credit for the following year in lieu
of having time off. The employee must have general leave accrued in an amount
equivalent to the holiday cash out requested to be eligible for full payment of the
advanced holiday payment in January. In the event the employee does not have the
required hours in his/her General Leave bank, pursuant to the City's leave report for pay
period 25 of each year, the advance holiday payment shall be made in January (Jan -
September holidays) and October (October - Dec holidays) of each year.
Pageg 0131
C. The request may only be for all cash, or all General Leave. This notification
shall be in writing and is irrevocable. In the event that an employee separates from
service and has used and/or been paid for holidays in excess of the pro-rata earned
hours per month, the overage shall be deducted from his/her final check.
D. In the event an employee is on leave, or is not otherwise eligible to receive a
paid holiday, and has received advance holiday pay, the City shall reduce the
employees' leave bank(s) the amount of hours of any unearned holiday previously paid
on the payroll immediately following the holiday (or as soon as the overpayment is
discovered).
E. The City will explore if these payments can be made as a separate payroll in
an effort to assist in reducing immediate tax liability.
SECTION 19. General Leave.
General leave with pay shall be granted to each full-time regular and probationary
employee at the rate listed below per year, prorated on a bi-weekly basis for each bi-
weekly pay period in which the employee works more than half time.
Periods of Service
0-5 years
6-10" "
Over 10""
General Leave Hours Per Year
160
208
248
A. Each calendar year employees may accumulate General Leave to a
maximum of two and one-half times (2 1/2) the employee's annual entitlement. Upon
reaching the maximum General Leave accrual shall cease.. Upon separation from the
City service the employee will be paid for unused Leave, not to exceed the maximum of
two and one-half (21/2) years entitlement, at the employee's then current base salary
rate.
B. Designated regular part-time unit employees shall be eligible for the general
leave on a pro-rata share based upon position.
C. Pay in lieu of General leave, up to accrual limits, will be granted upon termination
of Çity employment or upon a finding of hardship by the City Manager.
D. Effective April 18, 2005, any employee who has General Leave in excess of two
and one-half his/her annual entitlement shall be paid for any such excess hours (as
indicated on the leave report for the period ending closest to April 17, 2005) at his/her
current base salary rate. This shall be a one-time payment made with the first pay
period in May 2005.
E. The taking of General Leave for reason other than non-job related illness or
injury must be approved by the Department Head and due regard shall be given to the
employee's preference in scheduling such paid leave time.
Page100f31
SECTION 20. Other Leaves.
A. Jury Duty Leave - All bargaining unit employees on jury duty leave will
receive full City salary (for days served on during their regular work day/schedule). The
employee will turn over all amounts payable to the employee by the courts for jury duty
except for mileage and subsistence reimbursement.
B. Industrial Disability Leave - All bargaining unit emplo~es who are unable to
perform the essential functions of their classification and assignment by reason of job-
related injury or illness as contemplated by the Workers' Compensation laws of the
State of California shall be paid:
1. Full salary and benefits to a maximum of three (3) months if they have less
than three (3) full years of City service.
2. Full salary and benefits to a maximum of six (6) months if they have three (3)
or more full years of City service.
3. All other benefits as prescribed under the Workers' Compensation laws of the
State of California.
4.
Benefits will be terminated upon any of the following:
a)
Employee returns to duty.
b) Temporary disability payments are terminated by means of an agreed
settlement or permanent disability rating.
c)
Employee retires from City service.
Whichever occurs first.
SECTION 21. L TD Leave of Absence and Short-term/LonQ-term Disabilitv ProQram.
An employee, who has satisfied his/he r initial probationary period, and who is receiving
L TD benefits under the City's program will be granted a leave of absence without pay
for the duration of his/her disability subject to a maximum period of one (1) year.
Employees remaining on long term disability benefits longer than one year may receive
a leave extension of up to an additional six (6) months with City Council approval.
An employee on leave pursuant to this section shall be reinstated to his/her position
held immediately prior to the disability leave, provided said position has not been
eliminated due to a reduction in force, pursuant to receiving a release to return to
unrestricted and unmodified duty by the employee's attending physician.
Nothing contained in this Article is intended b conflict with or waive employee rights
under State or Federal law including the Americans with Disabilities Act.
Page11of31
Short-term/Lona-term Disability Proaram
A.
The City shall maintain a short/long term disability program providing eligible
employees a benefit of 60% of base salary pre-disability earnings after a 30
calendar day waiting period. Eligibility for benefits is subject to the STOlL TD
carrier.
B.
All unit employees are required to participate in the program; currently
premiums are deducted from the employee's pay on an after-tax basis.
C.
In the event an illness or injury is anticipated to exceed 30 calendar days, and
such illness/injury is not covered by other provisions of the City's Personnel
Rules, Regulations and/or other policies, the employee is first required to utilize
80 consecutive hours of his/her general leave or compensatory time during the
30 calendar day period beginning with the first day of the leave. In the event no
leave time is available the employee shall be on leave without pay.
D.
The second 80 hours of this absence (elimination period) shall be paid by the
City at the rate of 60% of the employees base salary pre-disability earnings. This
City payment is taxable income. The employee may supplement this City
payment with general leave or other available leave to enable him/her to receive
an amount equivalent to no more than 100% of his/her pre-disability earnings.
E.
In the event the employee is eligible for FMLA, such leave and any
benefits/payment provided hereunder shall not be additional to other provisions
of this Resolution or the City's Personnel Rules, Regulations and/or other
policies.
F.
In the event a new (employed less than 12 months) employee is not eligible
for FMLA, the City's will provide the employee the same flexible medical benefits
as provided while working for a period not to exceed 90 days.
G.
Once the employee is on leave without pay, or the first 80 hours of leave has
passed (whichever occurs first), no general or other leave shall accrue to the
employee.
H.
The employee may supplement the STD/L TD carrier's payment with general
leave or other available leave to enable him/her to receive an amount equivalent
to no more than 100% of hislher pre-disability earnings.
Page120f31
I.
The employee is responsible for all benefit elections and payments during
his/her leave unless he/she is eligible to opt out of such elections and chooses to
do so. The employee will be provided a form to make such elections. In the
event the employee elects to continue his/her benefit elections, the employee is
required to make timely payment to the City for such elections (including the cost
of the STD/L TD program). In the event timely payment is not made, the City is
authorized to reduce the employee's general leave and/or other leave accounts,
in an amount equivalent to the premiums owed by the employee. In the event no
general or other leave is available, the City is authorized to cancel the
employee's coverage.
J.
In the event the employee, pursuant to a Workers' Compensation
injury/illness, has previously received payment by the City, under the terms of a
settlement, for the same illness/injury, the employee shall not be entitled to paid
leave or continued benefits under sub-section "D".
K.
At the time of the STD/L TD program's next renewal, the City shall request
bids for a program that provides income replacement at both 60% and at 66
2/3% of pre-disability earnings.
SECTION 22. Compensatorv Time. Employees will be paid for all compensatory time
in December of each year provided that an employee may retain a maximum of forty
(40) hours in his/her account if notice of such desired retention is submitted to the City.
The time during which an employee may take compensatory time shall be subject to
approval by the appointing authority or designee wth due regard for the wishes of the
employee and for needs of the service. Should this provision be found invalid by an
arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of
compensatory time shall cease and all accrued oompensatory time shall be paid at the
employee's current straight time rate.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of forty (40) hours or less at his/her straight time hourly base rate.
SECTION 23. Rest Periods. Unit employees shall be entitled to a fifteen (15) minute
rest period for each four (4) hours of their work shift. Employees are encouraged to
take their rest breaks. In the event an employee is unable to take his her/ break(s), and
is required to work through his/her breaks(s), the employee shall confirm the necessity
of working through his/her break(s) with the immediate supervisor who shall then
authorize equivalent compensation for the break(s) missed. The employee shall
complete his/her timecard and all necessary paperwork so that the employee receives
the additional compensation, which was approved by the immediate supervisor who
confirmed the necessity of working through the break(s).
No employee shall be intimidated, coerced, or discriminated against for exercising
his/her entitlement to rest periods or for seeking direction from the immediate supervisor
on working through rest breaks(s).
Page 13 0/31
SECTION 24. Leaves. Resolution #88-103 will be amended to provide that needs of
the employee will be considered in the granting of leaves of absence and employees
may request a leave of absence without pay to serve as a volunteer for a certified relief
organization.
SECTION 25. Stand-bv Dutv. Employees assigned to stand-by duty shall be
compensated at the rate of one (1) hour of straight-time compensation for each eight (8)
hours of such duty. Such compensation on Holidays shall be at the rate of two (2)
hours of straight-time compensation for each eight (8) hours of stand-by duty.
Standby duty for scheduled court appearances on behalf of the City shall be
compensated at a rate of two (2) hours straight time for morning (a.m. hours)
appearances and two (2) hours straight time for afternoon (p.m. hours) appearances.
If a scheduled stand by is canceled and the employee is not advised of the cancellation
before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two
hours of standby pay. A reasonable effort by the employer (e.g. phone call) to notify the
employee prior to 6:00 p.m. on the day prior will negate the two hours of standby pay.
Employees who are scheduled for standby shall advise the department of a telephone
number where they can be either reached or a message can be left to advise them of a
cancellation.
SECTION 26. Call Back Duty. Employees shall receive a minimum of two (2) hours
overtime compensation (time and one-half) for any call which requires them to return to
duty.
SECTION 27. Tuition Reimbursement. Employees shall be encouraged to further
their academic education and training in those areas of benefit both to the employee
and to the City. Full-time and designated regular part-time employees shall be eligible
for tuition reimbursement on a pro-rata share based upon allocation (i.e. a Y:. time
employee shall receive a 50% allocation; a % time employee shall receive a 75%
allocation) will be eligible for reimbursement of eligible expenses by the City for
professional and technical courses subject to the following conditions and related
Council Policy statements:
A.
Department Head and Human Resources Director approval must be obtained
before enrollment in the course.
B.
Reimbursement shall be of tuition fees, textbooks, lab fees, or required supplies
upon completion of the course with a satisfactory grade and after the completion
of the initial probationary period.
c.
Tuition reimbursement shall not be made if the employee is drawing veteran's
education benefits or any other reimbursement for the same courses.
Page 14 0131
Reimbursement for up to seven hundred and fifty dollars ($750.00) each
calendar year if the employee is attending a community college or one thousand
five hundred dollars ($1,500.00) each calendar year if the employee is attending
a four year college or university will be paid upon receipt by the Human
Resources Department of proof of successful completion of the course and proof
that payment of fees has been made. If an employee attends both a community
college and four year college or university in a calendar year the maximum
reimbursement shall be one thousand dollars ($1000.00).
SECTION 28. Work Schedules.
D.
A.
Subject to the conditions in this Article the City will continue the 9/80 work
schedule, (in a 14-day work cycle the employee works eight 9-hour days where
the scheduled work shift commences and ends at the same time each day, and
one eight-hour work day, with one period of 3 consecutive days off and one
period of two consecutive days off) for all employees except Communications
Officers, or designated Police Services Officer who work either a 3/12.5
schedule, (in a 14-day work cycle there are 6 work shifts divided into 3
consecutive shift segments with each shift consisting of 12 hours work time and
1/2 hour lunch period plus 1 work shift of 5 hours work time and 1/2 hour lunch
period) or 4/10 work schedule, (in a 7-day work cycle the employee works four
10-hour days where the scheduled work shift commences and ends at the same
time each day, with three consecutive days off) or some other schedule upon
mutual agreement of the City and employee. Continuation of the schedules are
subject to needs of the City provided that if a 4/10 or 3/12.5 work schedule is
discontinued, affected employees will be placed on the 9/80 schedule. Upon
mutual agreement of the City and employee, schedules other than those defined
herein may be implemented.
B.
Any employee's work schedule may be temporarily changed to accommodate
training assignments which are eight (8) or more hours in duration.
SECTION 29. Shift Differential Any unit employee assigned on a regular basis (ten
or more continuous working days) to a shift that requires the employee to work hours
after 8:00 p.m. shall receive a shift differential of fifty dollars ($50.00) per pay period.
The right to assign and/or reassign an individual to a particular shift is the sole
prerogative of the City. Any such assignment and/or reassignment shall not be subject
to the grievance and/or discipline appeals process.
SECTION 30. Acting Pay. An employee assigned to work in a classification paid more
than the classification he/she holds will receive a pay rate which is at least 3% higher
than the rate he/she is normally paid. This rate will be paid after the employee has
been in the assignment for thirty (30) consecutive calendar days. h no event shall the
acting pay rate exceed the highest step in the range in which the employee is acting nor
shall the acting pay be less than then the lowest step of the of the range in which the
employee is acting.
Page 15 0131
SECTION 31. Lunch Break. An employee required to work through his/her lunch shift
shall complete his/her timecard and all necessary paperwork so that the employee
receives the appropriate pay for time worked pursuant to the Fair Labor Standards Act.
Any employee required to monitor a radio or telephone during his/her lunch break shall
be considered on paid status during the lunch break and shall be paid for said time.
No employee shall be restricted to any specific area or location during a non-paid lunch
break. Interruption of the emplo~e's non-paid lunch break shall require payment for
the full lunch break or the granting of an additional thirty (30) minute non-paid lunch
break during the work shift.
No employee shall be intimidated, coerced, or discriminated against for exercising
his/her entitlement to lunch breaks as provided for in this Article.
SECTION 32. Paid Lunch. A regular employee in the classification of
Communications Officer, Police Support Specialist or Police Services Officer (only those
uniformed individuals regularly scheduled to the Records Section or patrol field are
eligible), AND who is assigned to work a 3/12 work schedule, shall be entitled to receive
compensation for a lunch break period not to exceed 30 minutes. This will result in
compensation equaling 12.5 hours per assigned shift or 37.5 hours per calendar week.
Said individuals (assigned to the 12.5 hour work day in a fourteen (14) day work cycle)
will work six work shifts divided into three consecutive shift segments with each shift
consisting of 12.5 hours, plus one work shift of 5 hours work time (equates to 80 hours
over a 14 day period).
This benefit is provided due to the nature of the work performed in these specific
affected classifications and the requirement that these employees be present in the
police facility and at their workstations.
In the event an employee requests a lunch period free from recall status, such a break
may be approved by the on-duty supervisor with consideration to workload and
deployment, and the employee shall submit a General Leave request for the approved
time away from the workstation.
The City will pursue the 7K exemption for unit employees; however the City retains its
right to limit paid lunches to the classifications and assignments as indicated above.
SECTION 33. Trainina Pay.
Unit employees (with the exception of the Communications Officer III) assigned to train
a Communications Officer, Police Support Specialist, Property and Evidence Technician
and/or a Police Services Officer, shall receive in addition to their regular compensation,
training pay (during the time assigned to train) at the rate of $50.00 per pay period.
Page 16 0131
A Communication Officer II assigned to train shall be paid at the Communications
Officer III level when required to train. The differential in the ranges between a
Communication Officer II and Communications Officer III shall be 5%.
The City has the absolute discretion regarding the assignment and reassignment of
employees as a trainer. Any such assignment is not vested and may be revoked at any
time without cause and without any right to challenge such action pursuant to the City's
grievance appeal procedure.
It is the responsibility of an employee in a lead classification (Communications Officer
III) to provide leadership and training without additional compensation.
SECTION 34. Peñormance Evaluations. An employee may not appeal or grieve a
performance evaluation unless said evaluation results in the denial of a merit increase.
Nothing herein shall restrict an employee from hailing a written rebuttal attached to a
performance evaluation with which the employee disagrees.
SECTION 35. Appeals and Hearinas.
PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS
A.
Pre-disciplinary Hearings
An employee who has attained a regular appointment shall have the right to a
pre-disciplinary hearing before his/her Department Head or designee whenever the
employee may be subject to a demotion, non-emergency suspension, or non-
emergency dismissal. In the event of an emergency suspension or dismissal a hearing
will be conducted by the Department Head or designee as soon as practicable after the
action has been taken.
B.
Procedure for Pre-disciplinary Hearings
Notice of a proposed disciplinary action shall be provided to the employee including a
statement of the proposed action, the reasons therefore, and a copy of the charges and
materials upon which the action is based. The employee shall have ten (10) days to
respond orally, in writing, or both to the charges. Within ten (10) days of the employee's
response, s/he will be advised in writing of the City's decision. If the disciplinary action is
upheld, the employee will receive a Notice of Disciplinary Action stating the action
taken, the reasons therefore, and the employee's right to appeal.
C.
Post-Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee may
appeal the action in writing to the City Manager.
Page1?0131
D.
Effective Date of Disciplinary Action
The availability of appeal rights or the filing of an appeal shall not be interpreted as
staying the effective date of a disciplinary action stated in the Notice of Disciplinary
Action. In the event of a termination, the employee shall cease to be an employee of the
City on the effective date of the termination.
E.
Calendar Days
Unless otherwise indicated, "day or days" when used in this section shall be calendar
day(s).
APPEALS PROCEDURE
A. If a timely appeal is filed as provided in the GRIEVANCE PROCEDURE or
PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS the City Manager
may hear the appeal or appoint any City management/supervisory employee or arbiter
to hear the appeal.
B. An "arbiter" is a person with experience acting as a hearing officer on public
employment issues. Any hearing conducted by an arbiter shall not be considered an
arbitration as defined in Civil Code Section 1281.6.
C. In the event that the employee organization requests that an arbiter hear the
appeal, such a request will be honored provided the request is made within the ten (10)
days after receiving the notice of disciplinary action. The arbiter shall be chosen from a
panel of 3 arbiters, which shall consist of 1 arbiter selected by the Association, 1
selected by the City and 1 selected through a drawing involving 6 names of arbiters (3
chosen by the association and 3 chosen by the City). The panel shall be used for all
hearings conducted during the term of this agreement unless changed by mutual
agreement of the City and Association.
The first panel arbiter to be used will be selected by a drawing; thereafter the
basis of selection will be rotation with the first arbiter placed in the number 3 position.
D. If the appeal is heard by anyone other than the City Manager, the hearing
officer shall submit a written report outlining his/her findings, conclusions, and
recommendations to the City Manager.
E. Within ten (10) days of the receipt of the hearing officer's report or the
conclusion of the hearing if it was conducted by the City Manager or his/her City
appointee the City Manager shall provide his/her written decision to the employee.
HEARINGS
A. Where practicable, the date of the hearing shall not be less than twenty (20)
days, nor more than sixty (60) days, from the date of the filing of the appeal with the City
Manager provided that the parties may agree to a longer or shorter period of time.
Page 180f31
B. All hearings involving disciplinary action against an employee shall be closed
to the public unless the affected employee requests that the hearing be open to the
public.
C. The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the
sort of evidence on which reasonable persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory rule, which
might make improper admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege shall be effective to the
same extent that they are now or hereafter may be recognized in civil and criminal
actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer shall rule
on the admission and exclusion of evidence.
D. Each party shall have these rights: To be represented by legal counselor
other person of his/her choice; to call and examine witnesses; to introduce evidence; to
cross-examine opposing witnesses; to impeach any witness regardless of which party
first called him/her to testify; and to rebut the evidence against him/her. If the
respondent does not testify in her/his own behalf, s/he may be called and examined as
if under cross-examination. Oral evidence shall be taken only on oath or affirmation.
Upon the mutual agreement of the parties a court reporter will be engaged to record the
hearing, provided that either party may engage a reporter with the understanding that
there will be no cost to the other party.
E. The hearing shall proceed in the following order, unless the hearing officer,
for special reasons, otherwise directs:
(1) Opening statements shall be permitted with the complainant
proceeding first.
(2) In the presentation of cases, the party bearing the burden of proof shall
make the first presentation. If witnesses are called, the opposing party shall
have the right to cross-examine the witnesses on any matter relevant to the
issues, even though that matter was not covered on direct examination.
(3) The parties may then, in order, respectively offer rebutting evidence
only, unless the hearing officer for good reason permits them to offer
evidence upon their original case.
(4)
Closing arguments and written briefs shall be permitted.
Page 190f31
(5) The hearing officer shall determine the relevancy, weight, and
credibility of testimony and evidence. S/he shall base his/her findings on the
preponderance of evidence. During the examination of a witness, all other
witnesses, except the parties, shall be excluded from the hearing unless the
hearing officer, for good cause, otherwise directs. No still photographs,
moving pictures, or television pictures shall be taken in the hearing chamber
during a hearing. The hearing officer, prior to or during a hearing, may grant
a continuance for any reason s/he believes to be important to reaching a fair
and proper decision.
(6) The hearing officer shall have no authority to amend, alter, or modify a
Memorandum of Understanding or any sections of the City Personnel Rules
and Regulations and shall limit his/her recommendations to the interpretation
and application of the Memorandum of Understanding(s), agreement at issue
and/or the City Personnel Rules and Regulations.
(7) In appeals from disciplinary actions the hearing officer may
recommend sustaining, rejecting or modifying the disciplinary action provided
that s/he may not recommend discipline more stringent than that invoked by
the City.
F. The hearing officer's findings, conclusion and recommendations shall be filed
with the City Manager, with a copy sent to the appellant and the Personnel Officer. The
City Manager, in his/her sole discretion, may hear limited oral arguments and/or request
written statements from either party on the hearing officer's findings, conclusions, and
recommendations. The City Manager shall inform the appellant of his/her decision
regarding the appeal within ten (10) days of the conclusion of the hearing or if the
appeal is heard by a hearing officer other than the City Manager, within ten (10) days of
the receipt of the hearing officer's report. The decision of the City Manager regarding
the appeal shall be the final step in the administrative appeal process. However, any
disciplinary action is deemed final as of the effective date. Copies of the City Manager's
decision, including the hearing officer's report shall be filed where appropriate, including
the employee's personnel file.
G. 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 $1,000.00;
any excess cost will be shared equally by the City and organization. If either party
orders a transcript for their review, the requesting party shall bear the cost of the
transcript. If either party unilaterally cancels or postpones a scheduled hearing thereby
resulting in a fee charged by the arbiter or court reporter, the party responsible for the
cancellation or postponement shall be solely responsible for payment of the fee. The
arbiter shall submit his/her bills for services to the party, which is obligated to pay them
pursuant to this section.
H. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be
issued at the request of either party, not less than ten (10) days prior to the
commencement of the hearing; after commencement, subpoenas shall be issued only
at the discretion of the hearing officer.
Page 20 of 31
I. The time limits specified at any step in this procedure may be extended or
reduced by written agreement of the grievant and an authorized management
representative.
SECTION 36. Grievance Procedure.
These procedures are established to provide for the resolution of grievances of unit
employees.
LIMITATIONS
The procedures set forth in this Section shall apply to all grievances involving
unit employees. Excluded from this procedure are grievances related to:
1. The amendment or change of City Council resolutions, ordinances or minute
orders, which do not involve provisions of a Memorandum of Understanding
(MOU), Personnel Rules and Regulations, or other agreements between the
City and employee organization.
2. Position classification.
DEFINITIONS
1. Grievance: An expressed claim that there has been a violation,
misinterpretation, or misapplication of a provision of the Personnel Rules and
Regulations or Memorandum of Understanding, or a violation or potential
violation of state or federal law.
2. Grievant: An employee who is alleging a violation, misinterpretation or
misapplication of a provision of the Personnel Rules and Regulations, an
agreement between the City and employee organization, Memorandum of
Understanding or violation or potential violation of state or federal law.
3. Grievance Procedure: The process by which the validity of a grievance is
determined and resolution effected.
4. Unless otherwise indicated, "day or days" when used in this section shall be
calendar day(s).
Page 21 0131
PROCEDURE
Step 1.
The grievant shall file his/her grievance within ten (10) days after the grievant
knew, or in the exercise of reasonable diligence should have known, of the
events giving rise to the grievance. The grievant shall state the facts necessary
to an understanding of the issues involved; refrain from including any unrelated
charges; cite the sections of the City resolutions, agreement, memorandum of
understanding or rules alleged to have been violated and the remedy sought.
The grievant shall submit the grievance form to his/her immediate supervisor,
provided that if the employee suspects or has proof that a federal or state law is
being violated or is about to be violated he may file the grievance at Step 2 of
this procedure. Within ten (10) days of receipt of the form, the supervisor shall
inform the grievant of his/her decision. Grievances submitted by employee
organization representatives that involve issues potentially impacting the
organization's rights or membership as a whole shall be filed at Step 3.
Step 2.
If the grievance is not satisfactorily resolved in Step 1, the grievant may, within
ten (10) calendar days after receipt of the supervisor's response, submit the
grievance to his/her Department Head. After receipt of the grievance, the
Department Head will meet with the grievant and make such investigation as is
required. Within ten (10) days of his/her meeting with the grievant, the
Department Head shall inform the grievant of his/her decision.
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 managemenVsupervisory employee (except the
employee's Department Head), or an arbiter, as defined in the Hearing and
Appeals Procedures, to hear the grievance and submit a recommendation as to
resolution of the grievance. Upon the request of the employee organization that
an arbiter hear the grievance the City Manager shall honor the request with the
grievance then being treated as an appeal to be processed in accordance with
the Hearing and Appeals Procedures.
Page 22 0131
GENERAL PROVISIONS
1.
Prior to filing a grievance, the potential grievant shall discuss the issues of
concern with the person or organization representative suspected as having
violated provisions of the Personnel Rules and Regulations or Memorandum of
Understanding. Upon a showing of good cause to the Human resources
Director, such discussion may be waived between an employee and his/her
immediate supervisor. Cause shall include, but not be limited to, situations
wherein alleged inappropriate actions of the supervisor form the basis for the
grievance and the employee has reasonable cause to believe that the
supervisor would not be objective.
2.
An employee may obtain a grievance form from his/her supervisor or the
Human Resources department. All documents, communications, and records
dealing with the processing of grievances shall be filed separately from
personnel files.
3.
No retribution or prejudice shall be suffered by employees making use of the
grievance procedure by reason of such use.
4.
Failure by management at any step of this procedure to communicate their
decision on the grievance within the specified time limits shall permit the
grievant to proceed to the next step.
5.
A grievant shall be entitled to be present at all steps of the procedure.
6.
Failure by the grieva nt 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.
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
al"issue. Such presentation shall not include comments regarding the merits of
the grievance.
Page 23 of 31
SECTION 37. Severance Pay and Assistance to Layoffees.
A.
Severance pay of one week per year of service subject to a maximum of 4
weeks pay, will be provided to employees who are laid off and not offered
employment through an agreement between a contractor and the City of
Tustin.
B.
Letters of recommendation will be provided for employees whose
performance was satisfactory on the date of their layoff.
C.
Reasonable assistance in locating alternative employment will be provided for
employees who are laid off.
SECTION 38. Layoff. Employees in the City service may be laid off because of
material change in duties or organization, shortage of work or lack of funds. Ten (10)
working days before the effective date of layoff, the employee shall be notified of the
intended action with the reasons therefore. The Department Head shall provide the City
Manager a statement certifying whether or not the services of the employee have been
satisfactory and a copy of such notice shall be given the employee affected. The name
of the employee laid off shall be placed on the appropriate employment list as provided
in the City's Personnel Rules and Regulation, if certified as having given satisfactory
service. Any employee receiving notice of layoff pursuant to this section shall have the
right to bump down to a classification of lower salary previously held by said employee if
any incumbent is such classification has less seniority of service with the City.
SECTION 39. Family Leave.
As required by State and Federal law ("FMLA"), the City will provide and administer
family and medical care leave for eligible employees pursuant to the Federal Family and
Medical Leave Act of 1993 and the California Family Rights Act (CFRA) (Government
Code 12945.2).
Rights of qualified employees under FMLA include, but are not limited to:
1. Entitlement of up to 12 weeks of unpaid leave in a year
2. Continuation of the City's portion of any medical insurance contributions made on
behalf of the employee during the FMLA
3. No loss of seniority for the FMLA period.
In conjunction with FMLA, an employee may supplement his/her salary continuation,
STD, L TD, or Workers' Compensation with accumulated General Leave, and/or
compensatory time, in an amount to enable the employee to receive up to 100% of
his/her predisability earnings.
Page 24 0131
SECTION 40. Manaaement Rights Clause. 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.
The right to determine staffing and to direct the work force, including the right to hire,
promote, demote, evaluate, transfer, lay-off or discharge for just cause any employee.
The right to take such further action as may be necessary to organize and operate the
City in the most efficient and economical manner to serve the public interest.
SECTION 41. Employee Rights. As the recognized representative of the employees
covered by the Resolution, the City acknowledges and recognizes the following
employee rights:
A. TPSSA shall have access to and be provided with payroll deduction (as
currently provided) of dues, fees, and assessments without charge through the City's
regular payroll system.
B. TPSSA shall be afforded the reasonable use of department bulletin boards for
the posting of notices, updates, meeting minutes and other material related to
TPSSA business.
C. TPSSA shall be afforded the reasonable use of department copy machines
and faxes and will reimburse the City for any material costs or toll fees for such use.
D. Upon notice, and subject to availability, the City shall allow TPSSA the use of
City facilities including meeting rooms for TPSSA membership, Board of Directors
and committee meetings.
E. TPSSA shall have the right to representation by TPSSA in processing
grievances and disciplinary appeals. Employees shall be afforded reasonable paid
release time to meet with TPSSA representative for discussion and consultation on
grievances and disciplinary appeals.
F. TPSSA shall have the exclusive right on behalf of the bargaining unit to meet
and confer with management over matters of wages, benefits, hours, and terms and
conditions of employment pursuant to State and Federal laws.
Page 25 of 31
G. All bargaining unit members shall have the right to join and participate in the
activities of TPSSA free from management interference, intimidation, coercion, or
discrimination.
H. TPSSA shall have the right to dstribute reasonable association information
and newsletters at the job site.
I. TPSSA representatives shal have the right reasonable usage of department
telephones for the discussion of TPSSA business.
J. TPSSA representatives and consultants shall have the right of reasonable
access to the workplace.
K. All other rights and privileges currently in effect or which may be enacted in
the future pursuant to Sate of Federal law.
SECTION 42. Due Process Riahts. Due process rights mandated by California
statutes or judicial direction will be observed in the taking of the disciplinary actions as
contemplated in City Resolution #88-103, SECTION 8. ATTENDANCE AND LEAVES,
A. Attendance. (4); SECTION 9. TRANSFER, PROMOTION, DEMOTION,
SUSPENSION, AND REINSTATEMENT, C. Demotion., D. Suspension; and SECTION
10. SEPARATION FROM THE SERVICE, A. Discharge. and D. Disability.
SECTION 43. Application of Resolution. The term "employee" whenever used
herein, whether singular or plural, means and applies only to those employees of the
City included within the representation unit, represented by Association, and that this
Resolution covers only said employees. It is not solely limited to the members of said
Association.
SECTION 44. Gender. Words used in this Resolution in the singular include the plural,
and the plural include the singular. Words appearing in the male gender include the
female gender and the female gender include the male gender.
SECTION 45. Severability. If any part of this Resolution 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 Resolution
shall not render invalid the remaining parts hereof.
SECTION 46. Bindina on Successors. This Resolution 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.
SECTION 47. 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, shal be mailed to City Manager, City of
Tustin, 300 Centennial Way, Tustin, CA 92680.
Page 26 of 31
SECTION 48. Subject to State Law. Any provisions contained in this Resolution to
the contrary notwithstanding, the City shall not be required to provide any
compensation, fringe, or other benefits to employees which are contrary to any
provisions of State law and/or which will or may result in any limitation, disability or
restriction upon the right of City to receive funds, share in funds, and/or receive other
benefits Tom the United States of America, State of California, or any subdivision or
agency of either of them or any other political subdivision or entity.
SECTION 49. Entire Resolution. This Resolution supersedes all prior agreements
unless expressly stated to the contrary herein.
SECTION 50. Membership Meetinas. Each Association member shall be entitled to
two (2) hours per calendar year of paid release time for membership meetings. These
meetings are in addition to the Memorandum of Understanding ratification meetings
allowed the Association. The Association shall provide a minimum of two (2) weeks
advanced notice to the City of such meetings. The two (2) hours per calendar year of
release time shall be used in one (1) hour increments and will be non-cumulative for the
next calendar year.
SECTION 51. Aaencv Shop.
1.
Leaislative Authoritv
As a result of State of California adoption of SB 739, all full time and part-time benefited
employees represented by the Tustin Police Support Services Association hale the
right to join or not join the Association. However, the enactment of a local "Agency
Shop" requires that as a condition of continuing employment, employees in the
respective bargaining unit must either join the Association or pay to the Association a
service fee in lieu thereof. Such service fee shall be established by the Association,
and shall not exceed the standard initiation fee, periodic dues and general assessments
of the Association.
2.
Association Dues/Service Fees
(a)
The Human Resources Office shall provide new hires to the "Police
Non-sworn" Support Services Association employees representation
unit, with an authorization notice advising them that Agency Shop for
the Association has been enacted pursuant to state law and an
agreement exists with the Association, and that all employees subject
to the Agreement must either join the Association, pay a service fee to
the Association, or execute a written declaration claiming a religious
exemption from this requirement. Such notice shall include a form for
the employee's signature authorizing a payroll deduction of Association
dues, a service fee or a charitable contribution equal to the service fee.
Said employees shall have 14 calendar days from the date they
receive the form to fully execute it and return it to the City Human
Resources Office.
Page 27 0131
3.
(b)
If the form is not completed properly or returned within 14 calendar
days, the City shall commence and continue a payroll deduction of
service fees from the regular biweekly paychecks of such employee.
The effective date of Association dues, service fee, or charitable
contribution shall begin no later than the beginning of the first pay
period commencing 14 calendar days after receipt of the authorization
form by the employee.
(c)
The employee's earnings must be sufficient after the other legal and
required deductions are made to cover the amount of the dues or fees
authorized. When an employee is in a non-pay status for an entire pay
period, no withholding will be made. In the case of an employee in a
non-pay status during part of the pay period, whose salary is not
sufficient to cover the full withholding, no deduction shall be made. In
the case of an employee who is receiving catastrophic leave benefits
during a pay period, no deduction shall be made. In this connection,
all other legal and required deductions (including health care and
insurance deductions) have priority over Association dues and service
fees.
Reliqious Exemption
(a)
Any employee who is a member of a bona fide religion, body or sect
that has historically held conscientious objections to joining or
financially supporting public employee organizations shall upon
presentation of active membership in such religion, body, or sect, not
be required to join or financially support any public employee
organization as a condition of employment. The employee shall be
required, in lieu of periodic dues, initiation fees or agency shop fees, to
pay sums equal to the dues, initiation fees or agency shop fees to a
nonreligious, nonlabor charitable fund eJempt from taxation under
Section 501 (c)(3) of the Internal Revenue Code, chosen by the
employee from the following charities; United Way, Tustin Community
Foundation, or Community Health Charities. Proof of the payments
shall be made on an annual basis to the City as a condition of
continued exemption from the requirement of financial support to the
Association [Section 3502.5(c)].
(b)
Declarations of or applications for religious exemption and any other
supporting documentation shall be forwarded to the Association within
14 calendar days of receipt by the City. The Association shall have 14
calendar days after receipt of a request for religious exemption to
challenge any exemption granted by the City. If challenged, the
deduction to the charity of the employee's choice shall commence but
shall be held in escrow pending resolution of the challenge. Charitable
contributions shall be made by regular payroll deductions only.
Page 28 of 31
4.
Rescission
The agency shop provision in this Resolution may be rescinded by a majority vote of all
the employees in the unit covered by the Resolution, provided that:
5.
Records
(a)
A request for such a vote is supported by a petition containing the
signatures at least 30 percent of the employees in the unit;
(b)
(c)
The vote is by secret ballot;
The vote may be taken at any time during the term of the represented
units memorandum of understanding, but in no event shall there be
more than one rescission vote taken during that term. Notwithstanding
the above, the City and the Association may negotiate, and by mutual
agreement provide for, an alternative procedure or procedures
regarding a vote on an agency shop agreement [Section 3502.5(d)].
(d)
If a "rescission vote" is approved by unit members during the term of a
current memorandum of understanding, the Association agrees not to
petition for or seek Agency Shop status for the duration of the current
of the memorandum of understanding.
The Association shall keep an adequate itemized record of its financial transactions and
shall make available annually, to the City, and to the employees who are members of
the organization, within 60 days after the end of its fiscal year, a detailed written
financial report thereof in the form of a balance sheet and an operating statement,
certified as to accuracy by its president and treasurer or corresponding principal officer,
or by a certified public accountant.
6.
Indemnification
The Association shall indemnify, defend, and hold the City harmless against any liability
arising from any claims, demands, or other action relating to the City's compliance with
the agency fee obligation.
Page 29 of 31
Resolution 05-59 is hereby passed and adopted at a regular meeting of the Tustin City
Council held on the 14th day of April, 2005.
LOU BONE
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE) SS
CITY OF TUSTIN
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 05-59 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 14th day
of April, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Page 30 of 31
APPENDIX A
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
EFFECTIVE APRIL 18, 2005
New Step Step Step Step Step
Classification Title Range A B C D E
Communications Officer I 568 $ 3.624 $ 3.810 $ 4.005 $ 4.210 $ 4,426
Communications Officer il 588 $ 3.810 $ 4.005 $ 4.210 $ 4,426 $ 4,652
Communications Officer II 608 $ 4.005 $ 4.210 $ 4,426 $ 4,652 $ 4,891
Police Services Officer I 537 $ 3,354 $ 3.526 $ 3,707 $ 3,897 $ 4.096
Police Services Officer II 558 $ 3.535 $ 3.716 $ 3.906 $ 4.106 $ 4,317
Police Services Officer III 588 $ 3.810 $ 4.005 $ 4.210 $ 4,426 $ 4,652
Poiice Support Specialist 477 $ 2,888 $ 3,035 $ 3.191 $ 3,354 $ 3.526
Property & Evidence Technician 529 $ 3,288 $ 3,456 $ 3,633 $ 3.819 $ 4,015
Page 31 0/31
RESOLUTION NO. 05-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN
FOR THE CITY OF TUSTIN AND IMPLEMENTING REVISED WAGES, FRINGE
BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES REPRESENTED BYTHE TUSTIN POLICE OFFICERS
ASSOCIATION - OFFICERS UNIT
WHEREAS, the City Council has authorized and directed, under the
provisions of the City of Tustin Personnel Rules and Regulations, Resolution No. 88-
103, the preparation of a Classification and Compensation plan for all employees in
the municipal service of the City of Tustin; and
WHEREAS, Resolution No. 88-103 requires that amendments or revisions to
the compensation plan be approved by Resolution of the City Council; and
WHEREAS, the Tustin Police Officers Association - Officers Unit, hereinafter
referred to as "TPOA", is the recognized employee organization for the police
officers non- supervisory and non-management officers unit; and
WHEREAS, the Memorandum of Understanding with the TPOA expired on
December 31, 2004; and
WHEREAS, the City of Tustin, hereinafter referred to as "City" , and the
"TPOA" have met and conferred in good faith in accordance with the requirements of
the Meyers-Milias-Brown Act; and
WHEREAS, the City and TP OA were unable to reach agreement on wages,
salaries, fringe benefits, terms and conditions of employment and impasse has been
declared; and
WHEREAS, a determination by the City Council is the final step in the City's
Impasse Resolution Procedure; and
WHEREAS, the City Council believes it important to bring closure to this
process and desires to implement its last, best and final offer to the TP OA.
NOW, THEREFORE, be it resolved that the City Council of the City of Tustin,
California does hereby adopt the wages, salaries, fringe benefits, terms and
conditions of employment for employees in the police officers non-supervisory and
non-management officers unit set forth in Attachment 1.
Page 1 0126
ATTACHMENT 1
Police Officers - Non-Supervisory, Non-Management Represented Unit
Wages, Salaries, Fringe Benefits, and Terms and Conditions of Employment
SECTION 1. Effective Date.
This Resolution shall become effective on April 14, 2005, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
SECTION 2. Recoqnition.
The City has previously recognized the Tustin Police Officers' Association as the
majority representative of employees in the Police Officer Representation Unit for
purposes of representation on issues of wages, hours and other terms and
conditions of employment. As majority representative, the Association is
empowered to act on behalf of all employees who hold positions in classes in the
Police Officer Representation Unit whether or not they are individually members
of the Tustin Police Officers' Association. The classifications constituting the
Police Officer Representation Unit are Police Officer and Police Recruit.
SECTION 3. Salary.
The salaries of all bargaining unit employees in the classification of Police Officer
shall be increased with the pay period beginning April 18, 2005 as follows
(salaries are indicated on a monthly basis):
Police Officer- Range 670
A
$4,676
B
$4,915
C
$5,167
D
$5,431
E
$5,710
Police Recruit- Range 544
$3,413
The preparation of the City's compensation plan as described in Section 4 of the
Personnel Rules and Regulations shall be subject to the meet and confer
process with the Tustin Police Officers Association.
Pavroll Issuance
All Bargaining unit employees shall receive their regular salary paid Bi-weekly.
Salarv Review Dates
All bargaining unit employees shall have as a salary review date the date upon
which he or she shall next be eligible for consideration of a merit step increase.
Any approved leave of absence exceeding thirty (30) days may result in the
establishment of a new review date. Such date shall be based on the existing
salary review date plus the number of calendar days of leave of absence in
excess of thirty (30) days.
Page 2 of 26
Normal Increases Within the Salarv Ranoe
All bargaining unit employees may be considered eligible for increases in salary
according to the following:
1.
Unless a salary range has only a single salary step, the letters A, B, C,
D and E respectively, denoes the various progressive steps in the pay
range.
2.
Employees shall be eligible to move from salary step "A" to salary step
"B" upon completion of six months of employment where the employee
has demonstrated satisfactory performance.
3.
Employees shall be eligible to move from salary step "B" to salary step
"C" and thereafter to each step through the final salary step in the
employee's salary range upon completion of one year at the salary
step where the employee has demonstrated satisfactory performance.
4.
For all employees eligible to advance between salary steps the
Department Head shall submit to the Human Resources Department a
written evaluation and recommendation to approve, delay, or deny the
advancement. All advancements between salary steps are subject to
approval by the Human Resources Director.
Salary on Demotion, Transfer or Reassionment
1.
All bargaining unit employees subject to an involuntary demotion shall
have their new salary set at the highest step for the classification
demoted to closest to the salary at the time of demotion minus five
percent (5%). In. the event the involuntary demotion occurs during a
promotional probationary period, and the employee returns to his/her
prior classification, the employee shall have his/her salary set at the
same step earned prior to the promotion. Demoted employees shall
be eligible for their next merit increase at their next salary review date,
which existed prior to demotion.
2.
Employees being demoted pursuant to "Y" rating agreement between
the City and TPOA may, by mutual agreement of the parties retain
their current salary level for two (2) years or until such time as the
salary range for the classification demoted' to becomes equal to or
greater than they "Y" rated salary. Said employees shall retain their
existing salary review date.
3.
An employee who is demoted shall not be required to serve a new
probationary period except that if demoted to a class in which the
employee has no previous experience a probationary period of one
year will be required.
Page 3 of 26
4.
An employee who is transferred shall continue to receive the same
salary rate and the salary review date shall not change.
5.
Whenever a classification is reassigned to a higher salary range, the
salary of each incumbent on the effective date of the reassignment
shall be increased to the corresponding step in the new range and the
salary review date shall not change.
SECTION 4. Bi-linaual Pay.
Unit employees, except Police Officer Recruit, who successfully pass the City's
examination for conversational skill, in a language other than English (which the
Human Resources Director has approved as being needed for City Business),
are eligible to receive $100 per month ($46.15 per pay period) as a bi-lingual pay
incentive. Individuals are eligible to receive bi-lingual pay at the beginning of the
first pay period after Human Resources receives the employee's test score
demonstrating conversational proficiency. Should a conflict arise regarding
designation of an employee for compensation, proficiency and/or need the
Human Resources Director shall determine who is eligible. The City is
responsible to develop and administer a testing vehicle to determine proficiency.
SECTION 5. Educational Incentive Pay.
The City shall provide Educational Incertive Pay as an incentive for unit
employees, with the exception of the classification of Police Recruit, to improve
their level of education in relevant fields beyond the expected level for their
position.
Unit employees are eligible to receive Educational Incentive Pay after six (6)
months of City service. Incentive pay begins the first pay period after Human
Resources receives and certifies the employee has met all of the eligibility
requirements.
To apply for Educational Incentive Pay an employee must be actively at work,
provide official documentation of the required classes and/or degree (AA, BA or
BS) and have completed any applicable service requirements.
Deqree in Related Field
Police Officer
AA Degree or its equivalent
Bachelor's Degree
Masters Degree
$175/mo. ($80.77 per pay period)
$325/mo. ($150.00 per pay period)
$375/mo. ($173.07 per pay period)
Page 4 of 26
An equivalent to an AA Degree shall include continuing active enrollment in a
Bachelor's curriculum with over half the course work completed. Credit for a
class under this plan requires a grade of "C" or better. A pass/no-pass course will
be deemed to have achieved a "C" grade if the course was passed. No credit is
provided for courses for which the City paid and were attended entirely or in
substantial part on City time. Employees in a program leading to a job-related
degree may be given credit for non-job related courses which are required to
obtain the degree but they shall not exceed 50% of the total credits until the
related degree is received.
A reasonable interpretation of the related nature of the degree fields shall be
made by the Human Resources Director.
For purposes of contract negotiations, the BA/BS degree shall be used for future
comparisons.
SECTION 6. Career Officer ProQram.
Officers qualifying under the Career Officer Program as outlined in the Police
Department General Order Manual shall be eligible for additional compensation
in accordance with the following:
level
Increase in Base Salary
Senior Officer I
Requirements include:
. Five (5) consecutive years of employment with the Tustin Police
Department as a full time sworn police officer (lateral entry officer
may use 50% of their prior paid full time sworn police officer service
toward this requirement).
. POST Basic Certificate.
. 30 College semester credits (transcripts required).
. "Competent" or better annual performance evaluations for the
previous three (3) consecutive years.
. Has accepted additional duties as assigned.
2.5%
Senior Officer II
Requirements include:
. Seven (7) consecutive years of employment with the Tustin Police
Department as a full time sworn police officer (lateral entry officer
may use 50% of their prior paid full time sworn police officer service
toward this requirement).
. POST Intermediate Certificate.
. 60 College semester credits or an Associate Degree (transcripts
required).
. "Competent" or better annual performance evaluations for the
previous three (3) consecutive years.
. Has performed as a Senior Officer I for one (1) year.
. Has accepted additional duties as assigned.
4.5%
Page 5 of 26
Master Officer
Requirements include:
. Ten (10) consecutive years of employment with the Tustin Police
Department as a full time sworn police officer (lateral entry officer
may use 50% of their prior paid full time sworn police officer service
toward this requirement).
. POST Advanced Certificate.
. 90 College semester credits.
. "Competent" or better annual performance evaluations for the
previous five (5) consecutive years.
. Has performed as a Senior Officer II for one (1) year.
. Has accepted additional duties as assigned.
6.5%
Employees are eligible at the beginning of the first pay period following Human
Resources receipt of documentation that all requirements are met and approvals
processed.
SECTION 7. Attendance.
All bargaining unit employees shall be in attendance at work in accordance with
the rules regarding hours of work, holidays, and leaves.
Any employee who is absent from duty shall report the reason for such absence
to the Department Head or immediate supervisor prior to the absence as much in
advance as possible and in no case later than two (2) hours before the beginning
of the employee's scheduled work shift. Absences not reported in such manner
may be considered absence without leave. A deduction of pay may be made for
the duration of any absence without leave. Upon return to work, such absence
shall be justified to the Department Head who shall consider the need for
disciplinary action or to approve the absence as unavoidable and allow the
employee to make up the lost time or cover it with general leave.
Failure of an employee absent without leave and without reasonable cause to
report to work for three (3) consecutive scheduled work days may be cause for
immediate discharge.
Continuous service for advancement within salary range shall be considered as
interrupted if the employee experiences a leave of absence without pay in excess
of thirty (30) calendar days. No absence with pay shall be considered an
interruption of an employee's continuous service and shall not be deducted in
computing total city service time.
SECTION 8. Retirement Plan.
All employees covered under this Agreement shall be members of the State of
California Public Employees' Retirement System (PERS) and are subject to all
applicable provisions of the City's contract with PERS, as amended.
Page 6 of 26
The City shall pay, on behalf of the sworn employee (excludes Police Recruit),
nine percent (9%) of the employee's reportable compensation to PERS in
accordance with the City's contract with PERS. For the classification of Police
Recruit, the City shall pay, on behalf of the employee, seven percent (7%) of the
employee's reportable compensation to PERS in accordance with the City's non-
safety miscellaneous contract with PERS.
For sworn employees, effective July 1, 2004 the employer rate for PERS wll be
32.802%. In the future (with the exception of Police Recruit) should the PERS
employer rate exceed 32.802%, the employee and the City will cost share on a
65% City / 35% employee basis any increase above 32.802% (i.e., if the rate is
34.802%, the excess is 2% - the City will be responsible for 1.3% and the
employee will be responsible for .7%) Any contribution required of the employee
will reduce the City's g% contribution, which is currently being made on behalf of
the employee, and such contribution will be paid though payroll deduction from
the employee's earnings. The employee cost sharing contribution shall not
exceed 3.15%. The City will notify employees of any required contribution to
PERS when it reviews it annual notice of rates from PERS.
In the event the City's PERS rate is reduced, any amount being paid by the
employee under this cost sharing provision shall be reduced in an amount equal
to the City's rate reduction until such time as the City's rate is equal to 32.802%.
PERS Cost sharing shall be treated consistently with other survey market cities
for the purpose of calculating compensation.
The PERS plan in effect for Safety Members is the 3%@ 50 formula for Local
Safety Members. The plan has been amended to include Section 21574 (Fourth
Level of 1959 Survivor Benefits, Section 20042 (One-year Final Compensation),
and Section 21024 (Military Service Credit as Public Service).
The PERS plan in effect for Non-safety Miscellaneous Members is the 2%@ 55
formula for Local Miscellaneous Members. The plan has been amended to
include Section 21573 (Third Level of 1959 Survivor Benefits, Section 20042
(One-year Final Compensation), and Section 21024 (Military Service Credit as
Public Service).
All employees shall pay 100% of the monthly cost for the 1959 Survivor Benefits,
in addition to the $2.00 monthly cost for the Basic Level 1959 Survivor Benefit.
SECTION 9. Social Security.
In the event the City and its employees are required to participate in the Federal
Social Security Program, the contributions designated by law to be the
responsibility of the employee shall be paid in full by the employee and the City
shall not be obligated to payor "pick up" any portion thereof.
Page 7 0126
SECTION 10. Paid Leave.
A.
B.
General Leave
1.
Each employee accrues General Leave in accordance with the
following:
Periods of Service
0-5 years
6-10 years
Over 10 years
General Leave Hours Per Year
160
208
248
2.
Each November, regular and promotional probationary employees
may request that he/she be paid for a maximum of forty (40) hours
of accrued General Leave. Employee requests will be granted
provided the employee will retain eighty (80) hours of General
Leave in his/her account after the payout occurs.
3.
Each calendar year employees may accumulate General Leave to
a maximum of two and one half (2 Y:.) times the employee's annual
entitlement. Upon separation from the City service the employee
will be paid for unused Leave, not to exceed the maximum of two
and one-half (2 1/2) years entitlement, at the employee's then
current base salary rate.
4.
Effective April 18, 2005, any employee who has General Leave in
excess of two and one-half his/her annual entitlement shall be paid
for any such excess hours (as indicated on the leave report for the
period ending closest to April 17, 2005) at his/her current base
salary rate. This shall be a one-time payment made with the first
pay period in May 2005.
5.
Pay in lieu of General Leave will be granted upon termination of
City employment or upon a finding of hardship by the City Manager.
6.
The taking of General Leave for reason other than non-job related
illness or injury must be approved by the Department Head and due
regard shall be given to the employee's preference in scheduling
such paid leave time.
Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July4
First Monday in September
November 11
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Page 8 of 26
Thanksgiving Day
Day after Thanksgiving Day
December 24
December 25
December 31
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
When a holiday occurs on a Sunday, the following Monday will be
observed instead. When a holiday occurs on a Saturday, the preceding
Friday will be observed instead.
For the designated holidays, employees are eligible for nine (9) hours of
paid time off for each full day. Unless operational needs, as determined
by the Police Chief, require that the time be taken at some other date the
time off will be taken on the scheduled holiday.
If the holiday hours paid on a holiday or substituted day off are less than
the employee's regularly scheduled hours the employee may use accrued
compensatory time or General Leave to ensure that hours paid will be the
same as would regularly be paid for the day.
In December of each year, each regular and promotional probationary
employee may request a cash out of his/her holiday credit for the following
year in lieu of having time off. The employee must have General Leave
accrued in an amount equivalent to the holiday cash out requested to be
eligible for full payment of the advanced holiday payment in January. In
the event the employee does not have the required hours in his/her
General Leave bank, pursuant to the City's leave report for pay period 25
of each year, the advance holiday payment shall be made in two
installments, one in January (January - September holidays) and one in
October (October - December holidays) of each year.
The request may only be for all cash, or all General Leave or half
cash/half General Leave. This notification shall be in writing and is
irrevocable. In the event that an employee separates from service and
has used and/or been paid for holidays in excess of the pro-rata earned
hours per month, the overage shall be deducted from his/her final check.
In the event an employee is on leave, or is not otherwise eligible to receive
a paid holiday, and has received advance holiday pay, the City shall
reduce the employees' leave bank(s) the amount of hours of any
unearned holiday previously paid on the payroll immediately following the
holiday (or as soon as the overpayment is discovered).
Page 9 of 26
C.
Bereavement Leave
The City shall provide three (3) days off with pay for the purpose of
bereavement leave in the event of a death in the employee's immediate
family. "Immediate Family" shall be defined as including the spouse,
mother, father, brother, sister, child, grandparent, and grandchild of the
employee or the employee's spouse. An employee may use less than
three (3) days.
Bereavement Leave is intended to allow time for an employee to morn the
loss of a loved one and/or to assist family members during a time of loss.
In the event an extended absence or travel is necessary, he employee
may request to use General Leave to supplement bereavement leave.
D.
Jury Duty Leave
All bargaining unit employees on jury duty will receive full City salary. The
employee will turn over all amounts payable to the employee by the courts
for jury duty except for mileage and subsistence reimbursements, to the
City.
E.
Industrial Disability Leave
All bargaining unit employees who are unable to perform the essential
functions of their classification and assignment by reason of job-related
injury or illness as contemplated by the Worker's Compensation laws of
the State of California shall be paid:
1.
Full salary and benefits to a maximum provided for under the
City's Personnel Rules and Regulations (Police Recruit) or
pursuant to Section 4850 (Police Officers).
2.
All other benefits as prescribed under the Worker's
Compensation laws of the State of California.
F.
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 Council
agenda a Resolution for consideration that would provide the affected
employee 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 bee called to active duty.
Page 10 of 26
SECTION 11. Shift Differential.
Employees whose regular shift is the graveyard shift (shift begins at 6:00 p.m.
and ends at 6:00 a.m. the following day) shall receive $50.00 per month for each
month worked on said shift. This differential is designed to compensate the
employee for the inconvenience of working this particular shift. Unit employees
receiving this differential are paid $25.00 per pay period, limited to 24 pay
periods per year.
SECTION 12. Payroll Deductions.
Deductions of authorized amounts may be made from employee's pay for the
following purposes:
A. Withholding Tax;
B. Contributions to retirement benefits including deferred compensation;
C. Contribution to survivors; benefits;
D. Payment of life insurance and accidental death and dismemberment
insurance premium;
E. Payment of non-industrial disability insurance premium;
F. Payment of hospitalization and major medical insurance premium;
G. Payment to a City dependent care or medical care reimbursement
account pursuant to the IRC Section 125;
H. Payment of supplemental insurance premium;
I. Payment to or savings in a Credit Union or Bank;
J. Contributions to United Way, Community Health Charities or other
designated charity organizations;
K. Payment of membership dues and any authorized fees to TPOA
L. Payment of authorized TPOA deductions;
M. Purchase of United States Savings Bonds;
N. Payment for non-return of uniforms and/or equipment issued;
O. Repayment of unearned advanced holiday pay, and
P. Other purposes as may be authorized by the City.
SECTION 13. Uniform Allowance.
Employees will be paid a uniform allowance of $429.00 per year. The allowance
is paid bi-weekly ($16.50 per pay period/26 pay periods per year). Special motor
officer gear and officer public safety leather gear required by the department will
be provided.
SECTION 14. Standby Duty.
Unit employees shall be compensated for standby duty for other than court
appearances at the rate of two (2) hours straight time for each eight (8) hours
required, including holidays. Standby duty for scheduled court appearances on
behalf of the City shall be compensated at a rate of two (2) hours straight time for
morning (a.m. hours) appearances and two (2) hours straight time for afternoon
(p.m. hours) appearances.
Page 11 of 26
If a scheduled standby is canceled and the employee is not advised of the
cancellation before 6:00 p.m. on the day prior to the subpoena date, the
employee shall receive two hours of standby pay. A reasonable effort by the
employer (e.g. phone call) to notify the employee prior to 6:00 p.m. on the day
prior, will negate the two hours of standby pay. Employees who are scheduled for
standby shall advise the department of a telephone number where they can be
either reached or a message can be left to advise them of a cancellation.
If an employee is on standby and the standby status is canceled the employee
will still receive the full amount d standby pay appropriate for the time frame
involved.
SECTION 15. Call-Back Duty.
In addition to standby compensation, if any, officers shall receive a minimum of
two (2) hours overtime paid at a time and one-half rate for any call which required
them to return to duty.
SECTION 16. Special Assignments.
Except as indicated, employees assigned and engaged in the performance of
work that constitutes the following special assignments shall receive, in addition
to their regular compensation, premium pay in the amount of two and one half
percent (2 1/2%) of base salary provided that at no time may an employee
receive more than one (1) special assignment pay premium.
Area Resource Officer
Bike Team Officer (limited to 18 pay periods per year even if assigned longer)
Field Training Officer
Community Resources Officer
Commercial Enforcement Officer (limited to one individual assignment)
K-9 Officer
Investigator
Motor Officer
DARE Officer
Professional Standards Officer/Training Officer
Gang Unit Officer
School Resource Officer
The City has the absolute discretion regarding the assignment and reassignment
of employees to special assignments. Any such assignment is not vested and
may be revoked at any time and any appeal required by Section 3304(b) of the
California Government Code, shall be governed by Section 17.
Employees occupying the assignment of Motor Officer or K-9 Officer each
receive one paid day off per month (10 hours) which is considered as
compensable as hours worked under FLSA for the time spent (as an officer-dog
handler or officer motor-handler) at their residence in caring for the
dog/equipment during regular days off and during vacation or sick leave.
Page 12 0126
SECTION 17. Rules of Procedure and Evidence for Post-Removal From
Specialty Pay Position Hearings.
1. Hearings shall be conducted by the City of Tustin ("City") Manager
or his or 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.
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 or her designee, shall decide all questions
of procedure and evidence.
Page130f26
12. The City Manager, or his or her designee, shall issue a written
decision within 30 days (1) of the conclusion of the hearing; or (2) of the receipt
of post-hearing briefs if such briefs are requested by the City Manager or his or
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 or 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.
SECTION 18. Deferred Compensation.
The City shall contribute $37.00 per pay period, per employee, to a deferred
compensation program or vehicle currently offered by the City. It is the
responsibility of employees to complete the necessary paperwork and take
required steps to enroll in the program. Should employees fail to enroll, the City
is under no obligation to make retroactive contributions on behalf of said
employee or employees. Employees hired into the representation unit shall be
provided with a notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
SECTION 19. Court Pay Provisions.
The City shall pay actual time spent in court at a rate of time and one-half to
employees who are required to appear in court on behalf of the City during their
off-duty hours subject to a minimum of two (2) hours of such compensation for
court appearances scheduled in the morning (a.m. hours) and two (2) hours of
such compensation for court appearances scheduled in the afternoon (p.m.
hours).
SECTION 20. Rest Periods and Lunch Breaks.
All bargaining unit employees shall be entitled to a fifteen (15) minute rest period
for each four (4) hours of their work shift. The scheduling of the rest breaks shall
be the responsibility of the employee's supervisor.
Any employee required to monitor a radio or telephone during the lunch break
shall be considered on paid status during the lunch break and shall be paid for
said time.
No employee shall be intimidated, coerced or discriminated against for exercising
his/her entitlement to rest periods and/or lunch breaks as provided for in this
Article.
Page 14 of 26
SECTION 21. Overtime Compensation.
The City shall pay unit employees premium pay of time and one-half for all
approved overtime hours worked in excess of; (1) regularly scheduled hours per
shift; (2) hours worked on a day the employee is not regularly scheduled to work;
or (3) hours worked in excess of the prescribed hours during the applicable work
cycle, (i.e. (a) 40 hours in a 7-day work cycle for employees on the 4/10 work
schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5 work
schedule; and (c) 80 hours in a 14-day work cycle for employees on the 9/80
work schedule). General leave, compensatory time and holiday hours paid shall
be counted as hours worked in these calculations; provided however, that
standby time shall not be considered in determining entitlement to premium pay.
In lieu of receiving cash payment for overtime, the employee may elect the option
of accruing compensatory time at the rate of time and a half, subject to a
maximum accrual of forty (40) hours.
The time during which an employee may take compensatory time shall be
subject to approval by the appointing authority or designee with due regard for
the wishes of the employee and for needs of the service. Should this provision
be found invalid by an arbitrator, court of competent jurisdiction or the
Department of Labor, the accrual of compensatory time shall cease and ail
accrued compensatory time shall be paid at the employee's current straight time
rate.
Upon separation from City service, an employee shall be compensated for all
accrued compensatory time of forty (40) hours or less at his/her straight time
hourly base rate.
SECTION 22. Employee Life Insurance.
The City will provide life insurance on the life of each regular, permanent full-
time, employee and pay the premiums thereof. The death benefit of said
insurance shall be one hundred percert (100%) of the employee's base annual
salary to the nearest multiple of $1 ,000.00. The City shall also make available, at
the employee's option, a supplemental life insurance policy, the death benefit of
which shall be $18,000.00. The premium of said supplemental policy shall be
paid by the employee.
SECTION 23. Flexible Benefits Plan.
The Flexible Benefits Plan will be as follows:
A.
The Flexible Benefits Contribution Flexible Benefits Contribution per
month per eligible employee:
Page 15 0126
B.
C.
D.
Effective with the pavcheck to issue March 26. 2004
Employee Only Employee + 1 Employee + 2 or more
Dependent Dependents
$372
$568
$744
Employees who do not take medical insurance through the program
offered by the City shall receive $300 per month in lieu of the coverage
comparable to coverage available through the City program. As a
condition of receiving such amount, the employee must provide evidence,
satisfactory to the City, that he/she has medical and dental insurance
The Flexible Benefits contribution consists of mandatory and discretionary
allocations which may be applied to City sponsored programs. Employees
are required to take employee only medical and dental insurance
(employees may opt out pursuant to evidence of satisfactory coverage)
with premiums to be paid out of their contribution and $16 of the
contribution constitutes the City payment towards employee medical
insurance. Employees may allocate the remaining amount among the
following programs:
1.
Medical insurance offered under the Public Employees' Medical
and Hospital Care Act Program.
Dependent Dental Insurance
Additional Life Insurance
Vision Insurance
Deferred Compensation
Section 125 Dependent or Medical Care Reimbursement Programs
Eligible Catastrophic Care Programs
Cash
2.
3.
4.
5.
6.
7.
8.
Discretionary allocations are to be made in accordance with program/City
requirements including restrictions as to the time when changes may be
made in allocations to the respective programs.
Section 125 Program
The Section 125 Program will be continued in full force and effect for the
duration of this agreement unless changed by mutual agreement of the
City and Association. The City retains the right to change administrators
for cause.
SECTION 24. Probationary Period.
Each sworn bargaining unit employee shall be subject to an original probationary
period of not less than eighteen (18) months for new hire police officers. This
extended probationary period shall not affect an employee's entitlement to
periodic merit increases. The Police Chief may recommend to the Human
Resources Director to extend for a period not to exceed ninety (90) days the
probationary period of any unit employee.
Page 160f26
A unit employee rejected during a promotional probationary period (other than
Police Recruit) shall be reinstated to the position and status from which promoted
unless the employee is being discharged for cause. Employees being disciplined
for cause during a promotional probationary period shall have the right of appeal
using the existing disciplinary appeals procedure.
Any leave of absence without pay exceeding fifteen (15) work days may cause
the employee's probationary period to be extended by the number of work days
of such leave that are in excess of fifteen (15) days.
SECTION 25. Probationary Reiection.
A probationary employee, rejected for failure to meet standards or pass
probation, shall not be eligible for any internal grievance or appeal procedure
pursuant to Swift vs. Countv of Placer.
SECTION 26. Layoff Procedure.
The provisions of Section 10 of the Personnel Rules and Regulations currently in
effect are hereby incorporated into this memorandum of understanding by
reference and shall be an attachment hereto.
SECTION 27. Consolidated Omnibus Budget Reconciliation Act of 1985.
Employees who are allowed to remain on a City health, dental or other insurance
plan following separation from employment pursuant to the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA), may be charged the maximum rate
permissible by law for such coverage (presently 102% of the premium for an active
employee).
SECTION 28. Retiree's Health Insurance.
The City will contribute (reimburse) a maximum of $350.00 per month towards
the payment of medical insurance premiums for employees who have five (5)
years of continuous City service and at the time of leaving City service, retire with
a PERS pension. Such contribution includes any required contribution to be
made for eligible retirees under the Public Employees' Medical and Hospital Care
Act Program.
SECTION 29. Long-Term Disability (L TD) Plan.
A.
Police recruits shall participate in the City's STD/L TD plan under the same
terms, conditions and cost as those employees in the general employee
bargaining unit.
B.
The Long-Term Disability Insurance Plan specifically for sworn police
personnel in effect as of January 1, 2000 shall continue in full force and
effect during the term of this agreement unless changed by the mutual
agreement of the City and Association.
Page 17 0126
c.
The City will contribute $20.50 per month per unit employee to the TPOA
LTD. Fund.
D.
In addition to provisions of the Long-Term Disability Insurance Plan,
provided the leave exceeds thirty (30) days, the City agrees to pay the
60% of an employees' base salary for a period not to exceed 14 days or
the equivalent of 80 hours. Such payment is considered taxable income
and occurs after the employee has used eighty (80) consecutive hours of
General Leave during the 30 day period beginning with the 1 st day of the
leave.
E.
Flexible benefits will be continued for ninety days of a disability leave and
such time will be counted towards satisfying Federal FMLA and State of
California FRA requirements.
F.
It is understood that proof of co\erage is to be submitted to the City upon
request and eligibility for City benefits provided in D and E of this Section
is conditioned upon the City's receipt of proof of disability.
SECTION 30. Tuition Reimbursement.
Employees shall be encouraged to further their academic education and training
in those areas of benefit to the employee and to the City. Full-time employees
will be eligible for reimbursement by the City of tuition for professional technical
courses subject to the following conditions a nd related Council Policy statements:
A.
Department Head and Human Resource Director approval must be
obtained before enrollment in the course.
B.
Reimbursement shall be made of tuition fees, textbooks, lab fees, or
required supplies, upon completion of the course with a satisfactory grade
and after the completion of the initial probationary period.
C.
Tuition reimbursement shall not be made if the employee is drawing
veteran's education benefits or any other reimbursement for the same
course.
D.
Reimbursement for up to $500.00 each calendar year if the employee is
attending a community college or $1,500.00 each calendar year if the
employee is attending a four year college or university will be paid upon
receipt by the Human Resources Department of proof of successful
completion of the course(s) and proof that payment of fees has been
made. If an employee attends both a community college and four year
college or university in a calendar year the maximum reimbursement shall
be $1000.00.
Page 180f26
B.
E.
The City shall set up procedures that allow for expedient reimbursement
for classes taken and fees paid. Employees may request reimbursement
in the calendar year that the class is taken and completed. Failure to
request reimbursement in a timely manner and/or classes taken in excess
of the allowable reimbursement level cannot be carried over to a future
year reimbursement period.
SECTION 31. 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.
SECTION 32. Work Schedules.
Police Officers work schedules under Code Section 207(k) of the Fair Labor
Standards Act (FLSA).
A.
Department work schedules include the 4/10 work schedule; (in a 7-day
work cycle the employee works four 10-hour days where the scheduled
work shift commences and ends at the same time each day, with three
consecutive days off) and the 3/12.5 work schedule, (in a 28-day work
cycle the employee works three 12.5 hour days where the scheduled work
shift commences and ends at the same time each day, with 4 consecutive
days off, in each seven (7) calendar day period, except that the employee
must work one additional10-hour shift during the work cycle) as follows:
4/10
(1) Traffic and Investigation Divisions,
(2) Employees in special assignments
Continuation of the schedule is subject to needs of the Department,
provided that if the Department desires to discontinue that work schedule,
the employee will revert to the 9/80 work schedule (in a 14-day work cycle
the employee works eight g.hour days where the scheduled work shift
commences and ends at the same time each day, and one eight-hour
work day, with one period of 3 consecutive days off and one period of two
consecutive days off or some other schedule upon mutual agreement of
the Department and employee.
3/12.5
Patrol
Employees assigned to special task forces or regional teams will work the
hours that the team works.
Page 19 of 26
C.
The Department shall continue the present practices of (1) rotating shift
assignments on a regular basis at 6-month intervals; (2) allowing
employees to sign up for and seect shift assignments based on seniority;
and (3) limiting an employee to 12 consecutive months on any shift
assignment.
D.
Any employee's work schedule may be temporarily changed to
accommodate training assignments which are eight (8) or more hours in
duration.
SECTION 33. Manaaement Riahts Clause.
Except as otherwise specifically provided for in State and/or Federal laws, and
this Resolution, 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 temporarily suspend the provisions of this Resolution in the event of
and for the duration of an emergency as determined by the City Council and/or
by County, State, or Federal action. In the event of such suspension of the
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.
The right to determine staffing and direct the work force including the right to hire,
promote, demote, evaluate, transfer, layoff, or discharge for just cause any
employee.
The right to contract or sub -contract services and/or work.
The right to take such further action as may be necessary to organize and
operate the City in the most efficient and economical manner to serve the public
interest.
SECTION 34. Administrative Reaulations.
The City Manager may issue written administrative personnel regulations
designed to augment or clarify the provisions of this Memorandum.
SECTION 35. Application of AQreement.
The term "employee" whenever used herein, whether singular or plural, means
and applies only to those employees of the City included within the Tustin Police
Officer Representation Unit, and that this Resolution covers only said employees.
It is not solely limited to the members of the Tustin Police Officers Association.
Page 20 of 26
SECTION 36. Gender.
Words used in this Resolution in the singular include the plural, and the plural
include the singular. Words appearing in the male gender include the female
gender and the female gender includes the male gender.
SECTION 37. Severabilitv.
If any part of this Resolution 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 Resolution shall not render
invalid the remaining part hereof.
SECTION 38. Emplovee Riqhts.
As the recognized representative of the employees covered by this memorandum
of understanding the City acknowledges and recognizes the following employee
rights:
1. TPOA shall have access to and be provided with payroll deduction of
dues, fees, and assessments without charge through the City's regular
payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the
posting of notices, updates, meeting minutes and other material related to
TPOA business.
3. TPOA shall be afforded the reasonable use of department copy machines
and faxes and will reimburse the City for any material costs or toll fees for
such use.
4. Upon notice and subject to availability the City shall allow TPOA the use of
City facilities hcluding meeting rooms for TPOA membership, Board of
Directors and committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for
preparation for and attendance at meetings with management related to
the meet and confer process and labor relations matters.
6. All bargaining unit members shall have the right to representation by
TPOA in processing grievances and disciplinary appeals. Employees
shall be afforded reasonable paid release time to meet with TPOA
representatives for discussion and consultation on grievances and
disciplinary appeals.
7. TPOA shall have the exclusive right on behalf of the bargaining unit to
meet and confer with management over matters of wages, benefits, hours,
and terms and conditions of employment pursuant to State and Federal
laws.
Page 21 0126
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.
g. 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 consulta nts shall have the right of reasonable
access to the workplace.
12. TPOA representatives may be granted general or other leave for labor
relations training.
13.AII other rights and privileges currently in effect or which may be enacted
in the future pursuant to State or Federal law.
SECTION 39. Third Party Advisory Process for Disciplinarv Appeals.
Disciplinary actions, which may move beyond the Department Head's decision,
include the actions of termination, suspension, reduction of salary, and demotion.
The "third party" advisory process is the step between the Department Head's
action and the City Manager's final decision. In the Department Head's notice of
final disciplinary action (which should be served by registered mail or personal
delivery) shall be a statement which clearly informs the employee that he/she has
the right, within 10 working days after receipt of the response, to request the next
level of appeal. The day the employee receives the Department Head's final notice
shall not count as one of the 10 days.
The employee's request for the next level of appeal must be addressed to the
Human Resources Director and received in the Human Resources Office so that
same is date stamped by the Human Resources Office with the 1 O-day period.
If, within the 10-day appeal period, the employee involved does not file said
appeal, unless good cause for the failure is shown, the action of the Department
Head shall be considered conclusive and shall take effect as prescribed. If within
the 1 a-day appeal period, the employee involved files such notice of appeal by
giving written notice of appeal to the Human Resources Director, an appeal
hearing shall be established as follows:
A.
If a single third party hearing officer cannot be agreed upon by the Human
Resources Director and the employee's representative (or employee alone if
unrepresented), the American Arbitration Association shall be requested to
submit a list of 7 persons qualified to act as arbiters to the City and employee.
Within 10 days following receipt of the list of arbiters, the parties shall meet to
select the arbiter. The parties shall alternately strike one (1) name from the
list of arbiters (the right to strike the first name to be determined by lot) until
one (1) name remains, and that person shall be the arbiter.
Page 22 of 26
B.
Where practicable, the date for the hearing shall not be less than 20 days,
nor more than 60 days, from the date of the filing of the appeal with the
Director of Human Resources. The parties may stipulate to a longer or
shorter period of time in which to hear the appeal. All interested parties shall
be notified in writing of the date, time, and place of hearing.
C.
All hearings shall be private provided, however, that the arbiter shall at the
request of the employee, open the heari ng to the public.
D.
Subpoenas and subpoenas duces tecums pertaining to a hearing shall be
issued at the request of either party, not less than 5 working days, prior to the
commencement of such hearing. After the commencement of such hearing,
subpoenas shall be issued only at the discretion of the arbiter.
E.
The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses. Any relevant evidence shall be admitted
if it is the sort of evidence on which reasonable persons are accustomed to
rely in the conduct of serious affairs, regardless of the existence of any
common law or statutory rules, which might make improper the admission of
such evidence over objection in civil actions. Hearsay evidence may be used
for 1he purpose of supplementing or explaining any direct evidence but shall
not be sufficient in itself to support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall be effective to the
same extent that they are now or hereafter may be recognized in civil and
criminal actions, and irrelevant and unduly repetitious evidence shall be
excluded. The arbiter shall not be bound by technical rules of evidence. The
arbiter shall rule on the admission or exclusion of evidence.
F.
Each party shall have these rights: To be represented by legal counselor
other person of his/her choice; to call and examine witnesses; to introduce
evidence; to cross-examine opposing witnesses or any matter relevant to the
issues even though that matter was not covered in the direct examination; to
impeach any witness regardless of which party first called him/her to testify;
and to rebut the evidence against him/her. If the respondent does not testify
in his/her own behalf, he/she may be called and examined as if under cross-
examination. Oral evidence shall be taken only on oath or affirmation. A
court reporter will be engaged to record the hearing, unless the parties (City,
arbiter, employee/employee representative) mutually agree that same is not
necessary.
G.
The hearing shall proceed in the following order, unless the arbiter, for special
reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening
statement.
2. The appealing party shall then be permitted to make an opening
statement.
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3. The party imposing disciplinary action shall produce the evidence on
his/her part; the City bears the burden of proof and burden of producing
evidence.
4. The party appealing from such disciplinary action may then open his/her
defense and offer his/her evidence in support thereof; the employee bears
the burden of proof and the burden of producing evidence for any
affirmative defenses asserted.
5. The parties may then, in order, respectively offer rebutting evidence only,
unless the arbiter for good reason permits them to offer evidence upon
their original case.
6. Closing arguments shall be permitted and written briefs may be permitted
at the discretion of the arbiter.
H.
The arbiter shall determine relevancy, weight, and credibility of testimony and
evidence. He/she shall base his/her findings on the preponderance of
evidence. During the examination of a witness, all other witnesses, except
the parties, shall be excluded from the hearing unless the arbiter, in his/her
discretion, for good cause, otherwise directs. No still photographs, moving
pictures, or television pictures shall be taken ion the hearing chamber during
a hearing. The arbiter, prior to or during a hearing, may grant a continuance
for any reasons he/she believes to be important to reaching a fair and proper
decision. The arbiter shall render his/her judgment as soon after the
conclusion of the hearing as possible and in no event later than 30 days after
conducting a hearing. His/her decision shall set forth findings of fact and
conclusions. The opinion shall be advisory only.
The arbiter may recommend sustaining or rejecting any or all of the charges
files against the employee. He/she may recommend sustaining, rejecting, or
modifying the disciplinary action invoked against the employee. He/she may
not recommend for discipline more stringent than that invoked by the
Department Head.
The arbiter's opinion and recommendation shall be filed with the City
Manager, with a copy sent to the charged employee, and the Human
Resources Director and shall set forth his/her findings and recommendations.
If it is a dismissal hearing and a dismissal is not the arbiter's
recommendation, the opinion shall set forth the recommended date the
employee is recommended to be reinstated and/or other recommended
action. The reinstatement date, if appropriate, may be an time on or after the
date of disciplinary action.
J.
Within 30 days of the receipt of the arbiter's findings and recommendations,
and transcript ~hich is optional only in certain cases), whichever date is
later, the City Manager shall adopt, amend, modify or reject the
recommended findings, conclusions, and/or opinions of the arbiter. Prior to
making a decision, which modifies or rejects the recommendation of the
arbitrator, the City Manager shall order and read the transcript of the Third
party Advisory Process. Prior to making a decision which supports the
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arbiter, the City Manager may order and read the subject transcript, at his/her
option, allow limited oral arguments and/or may request and review written
statements from either side. The decision of the City Manager shall be final
and conclusive. Copies of the City Manager's decision, including the arbiter's
recommendations(s) shall be filed where appropriate, including the
employee's personnel file, unless no discipline is upheld by the City Manager.
Each party shall bear equally the cost of facilities, fees and expenses of the
arbiter, including the court reporter and transcripts. If the City Manager
orders a transcript for his/her review, the City shall bear the cost of providing
the transcript. Each part shall bear its own witness and attorney fees. If either
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.
K.
In the case of suspension, demotion, reduction in salary, or dismissal
prescribed by the City Manager, the time of such suspension, demotion or
dismissal shall be effective from the first day after such delivery of said
decision or shall relate back to be effective as of the date the employee was
suspended from duty pending hearing before and decision by the City
Manager, whichever is applicable. If discipline imposed resulted in loss of
pay, the pay loss shall be restored to the employee based on the number of
standard work hours lost computed at this/her then base hourly rate. The
provision of Section 1094.6 of the Code of Civil Procedure shall be applicable
to proceedings under this Section.
SECTION 40. Binding on Successors.
This Resolution 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.
SECTION 41. Entire Resolution.
This Resolution, upon adoption, supersedes all prior practices andßgreements,
whether written or oral, unless expressly stated to the contrary herein.
SECTION 42. Notices.
Notices hereunder shall be in writing and, if to the Tustin Police Officers Unit,
shall be mailed to President, Tustin Police Officers' Association, Post Office Box
1516, Tustin, Ca 92781; and, if to City, shall be mailed to City Manager, City of
Tustin, 300 Centennial Way, Tustin, California 92780.
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SECTION 43. Term of Resolution.
All provisions set forth herein shall be effective as of the date of approval of this
Resolution by the Tustin City Council, unless otherwise indicated.
Resolution 05-60 is hereby passed and adopted at a regular meeting of the Tustin City
Council held on the 14th day of April, 2005.
LOU BONE
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE) SS
CITY OF TUSTIN
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 05-60 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 14th day
of April, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
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