HomeMy WebLinkAbout18 TPMA IMPASSE 05-16-05
AGENDA REPORT
Agenda Item -.--.JL
Reviewed: It_-
City Manager
Finance Director
MEETING DATE:
MAY 16, 2005
WILLIAM A. HUSTON, CITY MANAGER
TO:
FROM:
HUMAN RESOURCES DEPARTMENT
SUBJECT:
TUSTIN POLICE OFFICERS ASSOCIATION- MANAGEMENT UNIT (TPMA)
IMPASSE
SUMMARY:
Impasse has been declared by 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]."
RECOMMENDATION:
Conduct a hearing on the merits of the disputes with TPMA.
Pursuant to the recommendation of the City Manager, adopt Resolution 05-70
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 Tustin Police Officer Association - Management Unit.
FISCAL IMPACT:
Approximately $105,130.00 over the next 12 months; when adding the cost of roll-ups
(Workers' Compensation, Deferred Compensation, and PERS) which equates to
approximately 43% the cost is $150,335.
BACKGROUND AND DISCUSSION:
The City of Tustin's 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.
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.
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TPMA Impasse
May 16, 2005
Page 2
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 meeting with the City Manager and TPMA occurred on March 3, 2005.
Prior to the meetings the bargaining unit 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 Officers Association - Management Unit
The Tustin Police Officers Association Management Unit consists of approximately 19
employees classified as Police Sergeants and Police Lieutenants.
In September, 2004 the TPOA Managers 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 February 2,2004 - December 31, 2004.
The City began its discussions with TPMA 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 TPMA a total of 9 times including the impasse
meeting with the City Manager.
In correspondence to the City dated January 13, 2005, the TPMA 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, TPMA declared impasse.
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TPMA Impasse
May 16, 2005
Page 3
On March 3, 2005, the City Manager conducted an impasse meeting with the City and
the TPOA - Managers 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 for lieutenants, retroactivity for 2004,
retroactivity for 2005, employer contribution toward insurance benefits for 2005,
specialty pay, and a substitute benefit to make up for PERS disallowing General Leave
Cash Out as reportable compensation for retirement purposes.
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
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
Increase in tuition reimbursement - up to $2,000 per year
Increase compensatory time accrual for Sergeants to 80 hours
The attached Resolution incorporate those items which the City and the TPMA
bargaining unit had tentatively agreed upon as well as the City's last, best and final offer
made to and declined by the Tustin Police Officers Association - Management Unit.
Adoption of this Resolution will provide salary and benefit increases within the
parameters provided to the City's negotiating team by the City Council. Additionally, the
Resolution will 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.
The costs associated with this Resolution during this fiscal year can be absorbed within
the current budget. In fiscal year 05/06 costs of the Resolution will be included in the
budget that will be presented to the City Council.
{ld~k( ~;Vh~
Arlene Marks Gibbs, SPHR
Director of Human Resources
Attachment: Resolution 05-70
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RESOLUTION NO. 05-70
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 BY THE TUSTIN POLICE OFFICERS
ASSOCIATION - MANAGERS REPRESENTATION 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 - Managers
Representation Unit, hereinafter referred to as 'TPMA", is the recognized employee
organization for the police officers management unit; and
WHEREAS, the Memorandum of Understanding with the TPMA expired on
December 31, 2004; and
WHEREAS, the City of Tustin, hereinafter referred to as "City", and the
"TPMA" have met and conferred in good faith in accordance with the requirements of
the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPMA 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 TPMA.
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 management representation
unit set forth in Attachment 1.
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ATTACHMENT 1
Police Management Represented Unit
Wages, Salaries, Fringe Benefits, and Terms and Conditions of Employment
SECTION 1. Effective Date.
This Resolution shall become effective on May 16, 2005, and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
SECTION 2. Recoanition.
The City has previously recognized the Tustin Police Officers' Association -
Management Unit as the majority representative of employees in the Police
Management Representation Unit for purposes of representation on issues of
wages, hours and other terms and conditions of employment. As majority
representative, the Association is empowered to act on behalf of all employees
who hold positions in classes in the Police Management Representation Unit
whether or not they are individually members of the Tustin Police Officers'
Association. The classifications constituting the Police Management
Representation Unit are Police Lieutenant and Police Sergeant.
SECTION 3. Salary.
The salaries of all bargaining unit employees in the classification of Police
Sergeant and Police Lieutenant shall be increased with the pay period beginning
May 16, 2005 as follows (salaries are indicated on a monthly basis):
Police Sergeant - Range 791
A B C D E
$6,325 $6,649 $6,990 $7,347 $7,724
Police Lieutenant- Range 854
A B C D E
$7,403 $7,782 $8,180 $8,599 $9,039
The preparation of the City's compensation plan as described in Section 4 of the
Personnel Rules and Regulations shall be subject to the meet and confer
process with the Tustin Police Officers Association - Management Unit.
Pavrollissuance
All Bargaining unit employees shall receive their regular salary paid Bi-weekly.
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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.
Normal Increases Within the Salary Ranae
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, ß, C,
D and E respectively, denotes the various progressive steps in the pay
range.
2.
Employees shall be eligible to move from salary step "A" to salary step
"ß" 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 Reassianment
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 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.
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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.
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 Pav.
Unit employees 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 andior 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/POST Incentive Pay.
Unit employees are eligible to receive EducationaliPost Incentive Pay at the
beginning of the first pay period after Human Resources receives and certifies
the employee has met all of the eligibility requirements.
To apply for Educational/Post Incentive Pay an employee must be actively at
work, provide official documentation of the required degree (AA, BA or BS) and
provide a copy of the applicable POST certificate (Advanced POST, Supervisory
POST or Management POST) and have completed any applicable service
requirements. Human Resources will develop a checklist form.
EducationaliPOST Incentive Pay requirements are as follows:
Lieutenant
AA + Advanced POST
BAlBS+ Supervisory POST
BAIBS + Management POST
$150.00/month ($69.23 per pay period)
$300.00/month ($138.46 per pay period)
$400.00/month ($184.61 per pay period)
SerCleant
AA + Advanced POST
BAIBS + Supervisory POST
BAIBS + Supervisory POST +
4 years as a SGT
$150.00/month ($69.23 per pay period)
$300.00/month ($138.46 per pay period)
$400.00/month ($184.61 per pay period)
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SECTION 6. 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 7. 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.
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.
Effective July 1, 2004 the employer rate for PERS will be 32.802%. In the future
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 9% contribution, which is currently being
made on behalf of the employee, and such contribution will be paid though
payroll deduction from the employee's earnings. The employee cost sharing
contribution shall not exceed 3.15%. The City will notify employees of any
required contribution to PERS when it reviews it annual notice of rates from
PERS.
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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).
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 8. Social Securitv.
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.
SECTION 9. Paid Leave.
A.
General Leave
1.
Each employee accrues general leave in accordance with the
following:
Periods of Service
0-5 years
6-10" "
Over 10 ""
General Leave Hours Per Year
160
208
248
2. The Police Chief may annually grant an additional eight (8) hours of
general leave to each employee whose performance is satisfactory.
3. In April of any given year an employee may request that heishe be paid
for a maximum of forty (40) hours of general leave, eighty (80) hours if
the employee has six (6) or more years of City service. The employee
shall receive payment for the requested hours in the following month of
May.
4. Each calendar year employees may accumulate General Leave to a
maximum of two and one-half (2 )/;,) 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
(21/2) years entitlement, at the employee's then current base salary rate.
5. Pay in lieu of general leave will be granted upon termination of City
employment or upon a finding of hardship by the City Manager.
6. Effective May 16, 2005, any employee who has General Leave in excess
of two and one-half (2 )/;,) times his/her annual entitlement shall be paid
for any such excess hours (as indicated on the leave report for the period
ending closest to May 15, 2005) at his/her current base salary rate. This
shall be a one-time payment made with the first pay period in June 2005.
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7. 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.
B.
Administrative Leave
Lieutenant's shall receive an annual credit of forty (40) hours of
administrative leave which may be used only as paid time off during the
year in which it is credited. Subject to guidelines established by the City
Manager, the Police Chief may grant up to an additional forty (40) hours.
C.
Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day after Thanksgiving Day
December 24
December 25
December 31
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
When a holiday occurs on a Sunday, the following Monday will be
observed instead. When a holiday occurs on a Saturday, the preceding
Friday will be observed instead.
For the designated holidays, employees are eligible for nine (9) hours of
paid time off for each full day. Unless operational needs, as determined
by the Police Chief, require that the time be taken at some other date the
time off will be taken on the scheduled holiday.
If the holiday hours paid on a holiday or substituted day off are less than
the employee's regularly scheduled hours the employee may use accrued
compensatory time or general leave to ensure that hours paid will be the
same as would regularly be paid for the day.
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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. 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).
D.
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, the employee
may request to use general leave to supplement bereavement leave.
E.
Jury Duty Leave
All bargaining unit employees on jury duty will receive 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.
F.
Industrial Disability Leave
All bargaining unit employees who are unable to perform the essential
functions of their classification and assignment by reason of job-related
injury or illness as contemplated by the Worker's Compensation laws of
the State of California shall be paid:
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1.
Full salary and benefits to a maximum provided for under
Section 4850.
2.
All other benefits as prescribed under the Worker's
Compensation laws of the State of California.
SECTION 10. Shift Differential.
Unit 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 $100.00 per month
($46.15 per pay period) for each month worked on said shift. This differential is
designed to compensate the employee for the inconvenience of working this
particular shift.
SECTION 11. 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 I RC 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 12. 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.
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SECTION 13. Standby Duty.
Police Sergeants 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.
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 of standby pay appropriate for the time frame
involved.
SECTION 14. Call-Back Duty.
In addition to standby compensation, if any, Police Sergeants shall receive a
minimum of two (2) hours overtime paid at a time and one-half rate for any call
which required them to return to duty that does not involve a court appearance.
SECTION 15. Deferred Compensation.
The City's contribution to a deferred compensation program or vehicle currently
offered by the City shall be 2.5% of the employee's base salary. II 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 16. Court Pav Provisions.
Police Sergeants shall be paid at a time and one-half rate for time spent in
required court appearances involving City business that occur during the
Sergeant's off-duty hours. A minimum of two (2) hours of such compensation will
be paid for court appearances scheduled in the morning (a.m. hours) and/or two
(2) hours for court appearances scheduled in the afternoon (p.m. hours).
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SECTION 17. Rest Periods and Lunch Breaks.
All bargaining unit employees shall be entitled to a fifteen (15) minute rest period
for each four (4) hours of their work shift. The scheduling of the rest breaks shall
be the responsibility of the employee's supervisor.
Any employee required to monitor a radio or telephone during the lunch break
shall be considered on paid status during the lunch break and shall be paid for
said time.
No employee shall be intimidated, coerced or discriminated against for exercising
his/her entitlement to rest periods and/or lunch breaks as provided for in this
Article.
SECTION 18. Overtime Compensation.
The City shall pay Police Sergeants time and one-half for all approved overtime
hours worked in excess of; (1) regularly scheduled hours per shift; (2) hours
worked on a day the employee is not regularly scheduled to work; or (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 3i12.5 work schedule; and (c)
80 hours in a 14-day work cycle for employees on the 9i80 work schedule).
General leave, compensatory time and holiday hours paid shall be counted as
hours worked in these calculations.
In lieu of receiving cash payment for overtime, the employee may elect to be
credited with compensatory time at the rate of time and a half, subject to a
maximum accrual of eighty (80) hours.
The time during which an employee may take compensatory time shall be
subject to approval by the appointing authority or designee with due regard for
the wishes of the employee and for needs of the service. Should this provision
be found invalid by an arbitrator, court of competent jurisdiction or the
Department of Labor, the accrual of compensatory time shall cease and all
accrued compensatory time shall be paid at the employee's current straight time
rate.
Upon separation from City service, an employee shall be compensated for all
accrued compensatory time of eighty (80) hours or less at hisiher straight time
hourly base rate.
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SECTION 19. Employee Life Insurance.
The City will provide life insurance on the life of each regular, permanent full-
time, employee and pay the premiums thereof. The death benefit of said
insurance shall be one hundred percent (100%) of the employee's base annual
salary to the nearest multiple of $1 ,000.00. The City shall also make available, at
the employee's option, a supplemental life insurance policy, the death benefit of
which shall be $18,000.00. The premium of said supplemental policy shall be
paid by the employee.
SECTION 20. Flexible Benefits Plan.
The Flexible Benefits Plan will be as follows:
A.
B.
C.
The Flexible Benefits Contribution per month per eligible employee shall
be $844.
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 heishe has
medical and dental insurance coverage comparable to coverage available
through the City program.
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 programiCity
requirements including restrictions as to the time when changes may be
made in allocations to the respective programs.
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D.
Section 125 Program
The Section 125 Program will be continued in full force and effect for the
duration of this Resolution unless changed by mutual agreement of the
City and Association. The City retains the right to change administrators
for cause.
SECTION 21. Probationary Period.
Each bargaining unit employee shall be subject to an original and promotional
probationary period of one year. 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.
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 22. 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 23. Layoff Procedure.
The provisions of Section 10 of the Personnel Rules and Regulations currently in
effect are hereby incorporated into this Resolution by reference and shall be an
attachment hereto.
SECTION 24. Consolidated Omnibus Budaet Reconciliation Act of 1985.
Employees who are allowed to remain on a City health, dental or other insurance
plan following separation from employment pursuant to the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA), may be charged the maximum rate
permissible by law for such coverage (presently 102% of the premium for an active
employee).
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SECTION 25. Retiree's Health Insurance.
The City will contribute a maximum of $150.00 per month towards the payment of
medical insurance premiums for employees who retire from the City of Tustin
after October 1, 1993; $200.00 for employees who retire after January 1, 1994;
$250.00 for employees who retire after January 1, 2000 and $350.00 per month
for employees who retire after May 16, 2005. Such reimbursement amount
includes any current and/or future required City contribution to PERS.
SECTION 26. Lona-Term Disability (L TD\ Plan.
A.
B.
C.
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.
In addition to provisions of the Long-Term Disability Insurance Plan, the
City agrees to pay the same salary benefit paid by the Plan for disability
leave which occurs after the employee has used eighty (80) consecutive
hours of general leave during the 30 day period beginning with the 1st day
of the leave.
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.
D.
It is understood that proof of coverage is to be submitted to the City upon
request and eligibility for City benefits provided in Band C of this Article is
conditioned upon the City's receipt of proof of disability.
E.
The City will contribute $20.50 per month per unit employee to the TPOA
L TD Fund.
SECTION 27. Tuition Reimbursement.
Employees shall be encouraged to further their academic education and training
in those areas of benefit to the employee and to the City. Full-time employees
will be eligible for reimbursement by the City of tuition for professional technical
courses subject to the following conditions and related Council Policy statements:
A.
Department Head and 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.
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D.
Reimbursement for up to $1,000.00 each calendar year if the employee is
attending a community college or $2,000.00 each calendar year if the
employee is attending a four year college or university will be paid upon
receipt by the Human Resources Department of proof of successful
completion of the course(s) and proof that payment of fees has been
made. If an employee attends both a community college and four year
college or university in a calendar year the maximum reimbursement shall
be $1,500.00.
E.
The City shall set up procedures that allow for expedient reimbursement
for classes taken and fees paid. Employees may request reimbursement
in the calendar year that the class is taken and completed. Failure to
request reimbursement in a timely manner and/or classes taken in excess
of the allowable reimbursement level cannot be carried over to a future
year reimbursement period.
SECTION 28. 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 29. Work Schedules.
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
3/12.5
(1) Traffic and Investigation Divisions,
a. Employees in special assignments
Patrol
[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 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 or some other schedule upon mutual agreement of
the Department and employee.]
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B.
Employees assigned to special task forces or regional teams will work the
hours that the team works.
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 select 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 30. 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 31. Administrative Reaulations.
The City Manager may issue written administrative personnel regulations
designed to augment or clarify the provisions of this Resolution.
SECTION 32. 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 Tustin Police
Management Representation Unit, and that this Resolution covers only said
employees.
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SECTION 33. 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 34. 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 35. Emplovee Riahts.
As the recognized representative of the employees covered by this Resolution
the City acknowledges and recognizes the following employee rights:
1. TPOA shall have access to and be provided with payroll deduction of
dues, fees, and assessments without charge through the City's regular
payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the
posting of notices, updates, meeting minutes and other material related to
TPOA business.
3. TPOA shall be afforded the reasonable use of department copy machines
and faxes and will reimburse the City for any material costs or toll fees for
such use.
4. Upon notice and subject to availability the City shall allow TPOA the use of
City facilities including meeting rooms for TPOA membership, Board of
Directors and committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for
preparation for and attendance at meetings with management related to
the meet and confer process and labor relations matters.
6. All bargaining unit members shall have the right to representation by
TPOA in processing grievances and disciplinary appeals. Employees
shall be afforded reasonable paid release time to meet with TPOA
representatives for discussion and consultation on grievances and
disciplinary appeals.
7. TPOA shall have the exclusive right on behalf of the bargaining unit to
meet and confer with management over matters of wages, benefits, hours,
and terms and conditions of employment pursuant to State and Federal
laws.
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8. All bargaining unit members shall have the right to join and participate in
the activities of TPOA free from interference, intimidation, coercion, or
discrimination.
9. TPOA shall have the right to distribute a reasonable amount of association
information and newsletters at the job site.
10. TPOA representatives shall have the right to reasonable use of
department telephones and e-mail for the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable
access to the workplace.
12. TPOA representatives may be granted general or other leave for labor
relations training.
13.AII other rights and privileges currently in effect or which maybe enacted
in the future pursuant to State or Federal law.
SECTION 36. 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, sale, transfer or
assignment of either party hereto.
SECTION 37. Entire Resolution.
This Resolution, upon adoption, supersedes all prior practices andßgreements,
whether written or oral, unless expressly stated to the contrary herein.
SECTION 38. Notices.
Notices hereunder shall be in writing and, if to the Tustin Police Management
Unit, shall be mailed to President, Tustin Police Officers' Association, Post Office
Box 1516, Tustin, Ca 92781; and, if to City, shall be mailed to City Manager, City
of Tustin, 300 Centennial Way, Tustin, California 92780.
SECTION 39. 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.
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Resolution 05-70 is hereby passed and adopted at a regular meeting of the Tustin City
Council held on the 16th day of May, 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. 05-70 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day
of May, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
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