HomeMy WebLinkAboutCC RES 89-42
RESOLUTION NO: 89-42
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN DECLARING AN IMPASSE IN
NEGOTIATIONS WITH THE TUSTIN POLICE OFFICERS
ASSOCIATION AND IMPLEMENTING MODIFICATIONS FOR
EMPLOYEES REPRESENTED BY THE TUSTIN POLICE
OFFICERS ASSOCIATION
WHEREAS, the Tustin Police Officers Association
(T.P.O.A.) represents sworn police employees below the
rank of Police Sergeant; and
WHEREAS, the City and T.P.O.A. had previously
entered into a Memorandum of'Understanding which by its
terms expired on December 31, 1988; and
WHEREAS, commencing in October 1988, the City
has participated in meet and confer sessions with
T.P.O.A. regarding a proposed new Me~orahdum of
Understanding for wages, hours and terms and conditions
of employment covering said employees for that period
which follows December 31, 1988; and
WHEREAS, as a result of said negotiations, the
City has developed and has made a final offer to
T.P.O.A.; and
WHEREAS, T.P.O.A. has failed to accept and has
thereby rejected said final offer; and
WHEREAS, a review of the final position of the
City and of T.P.O.A. discloses a multiplicity of major
issues on which the parties are in disagreement; and
WHEREAS, it is therefore apparent that the City
and T.P.O.A. have reached an impasse in their
negotiations; and
WHEREAS, the Memorandum of Understanding
between the City and T.P.O.A. has now expired and said
employees are no longer covered by any Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City as
follows:
1. That an impasse in negotiations for an
Agreement covering the period January 1, 1989 through
December 31, 1989 does exist; and
10
2. That it is appropriate to implement the
following salary and fringe benefit package for employees
affected by this impasse Resolution-
A. Article 2. Cost of Living Compensation
Increase
City shall increase salaries of all non-
administrative and non-management sworn police employee
positions of City by three and one-half percent (3 1/2%)
effective February 20, 1989. Each employee assigned to
said classifications shall receive a salary at the step
in which the employee is then serving.
B. Article 3. Equity Adjustment
Eliminate provision entirely.
C. Article 16. Medical and Dental Insurance
City will provide medical and dental insurance
and pay the full cost of the contribution toward the
funding of said program for the coverage of the employee.
The City will pay up to a maximum of the rate in effect
on July 2, 1989, for the employees' dependents.
Thereafter the maximum rate paid by the City for health
insurance for an employee and his/her dependents shall
not be increased unless agreed upon by the City.
On or before April 1, 1989, T.P.O.A. shall
inform the City of the dental insurance carrier to be
designated as the City's sole dental insurance provider
for those employees enrolled in Health Net. Failure of
T.P.O.A. to provide such notice shall result in a
unilateral determination by the City.
D. Article 19. Holidays
Add the following to the existing provision-
On December 1- of each year, an employee may
designate any portion of his/her holiday credit for the
following year which he/she would like to be paid for in
lieu of having time off. This notification shall be in
writing and is irrevocable. Payment for the holiday time
shall be made in January of each year. In the event that
an employee separates from service and has used and/or
been paid for holidays in excess of the pro-rata earned
hours per month, the employee shall reimburse the City
for the overage.
*For calendar year 1989, an employee must provide notice
by May 1, 1989.
E. Article 34. Rules and Requlations
Eliminate provision entirely.
F. Annual Physical Examinations
Effective March 20, 1989, the benefit shall be
eliminated.
G. Performance Evaluations
Effective March 20, 1989, an employee may not
appeal or grieve a performance evaluation unless said
evaluation results in the denial of a merit increase.
H. Section 125 Benefits
,
During calendar year 1989 the parties will
review Internal Revenue Code Section 125 and its
potential application to the City of Tustin.
I. Incorporation of Prior Memorandum of
Understandin~
Any provi s ions o f the Memorandum o f
Understanding which expired on December 31, 1988, which
have not otherwise been eliminated or altered by this
Resolution, shall remain in full force and effect during
the term of this Resolution.
J. Term
This Resolution shall remain in full force and
effect until December 31, 1989.
Passed, approved, and adopted at a regular
meeting of the City Council of the City of Tustin,
California, held on the 20th day of March, 1989 to be effective Friday, March 24, 1989 at 5:00 p.m.
ATTEST:
Corr: tpoares, wp
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City
of Tustin, California, does 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. 89-42 was duly and regularly introduced, passed
and adopted at a regular meeting of the City Council held on the 20th day of
March, by the following vote-
AYES : COUNCILPERSONS: Kennedy, Edgar, Kelly, Hoesterey
NOES : COUNCILPERSONS: Prescott
ABSTAINED: COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
Mary E,~wY~n, ~ty Clerk