HomeMy WebLinkAbout17 TPSSA MOU 01-03-06AGENDA REPORT
MEETING DATE: JANUARY 3, 2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: HUMAN RESOURCES DEPARTMENT
SUBJECT: TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
MEMORANDUM OF UNDERSTANDING
SUMMARY:
Adoption of the attached Resolution and Memorandum of Understanding will authorize
salary and benefit adjustments, pursuant to previous Council direction, for employees
within the Tustin Police Support Services Association (TPSSA) bargaining unit.
RECOMMENDATION:
Adopt Resolution No. 06-11 amending the City's Classification and Compensation plans
and approving a Memorandum of Understanding for the Tustin Police Support Services
Association encompassing the time period of January 1, 2006 through June 30, 2007.
FISCAL IMPACT: Approximately $200,000 over the term of the agreement.
BACKGROUND AND DISCUSSION:
The Tustin Police Support Services Association (TPSSA) consists of approximately 37
employees in our police support services unit in non-management records,
communications, property and evidence and related classifications. The last TPSSA
contract expired on December 31, 2004. Resolution No. 05-59 was unilaterally
implemented on April 14, 2005 following the inability of the City and TPSSA to reach an
agreement.
The City formally began discussions with TPSSA for a Memorandum of Understanding
(MOU) in November, 2005 pursuant to parameters established by the City Council. A
total of 3 meetings were held before the bargaining teams reached agreement.
Tustin Police Support Services Association (TPSSA)
Memorandum of Understanding
January 3, 2006
Page 2
The most significant terms of this agreement are as follows:
. Term: 18 months, January 3, 2006-June 30, 2007.
. Salary adjustments: 5% effective December 26,2005 and a C.P.I. adjustment not
to exceed 3% effective January 1, 2007
. Effective July 1, 2006, a 2% salary increase for the Property and Evidence
Technician and Police Support Specialist classifications
. Modify Lead Communications Officer and Lead Police Support Specialist salary
ranges to be set 10% above the Level II of the respective classifications.
. Increase equal to 1 % to "cafeteria" dollars capped at $800 per month for full
family coverage, to be reopened in December 2006.
. Minor contractual changes providing for streamlining and consistency within the
organization
The costs associated with this contract during this fiscal'year can be absorbed within
the current budget and will be included in the budget for next year.
Staff is very pleased to have an agreement following a year where mutual agreement
was not reached. Further, this MOU is within the parameters established by the Council
and that the terms and conditions presented have been ratified by the TPSSA's
membership.
Susan Cannan
Interim Director of Human Resources
Attachments:
1. Resolution 06-11
2. TPSSA Memorandum of Understanding
RESOLUTION NO. 06-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING THE
CLASSIFICATION AND COMPENSATION PLAN FOR
THE CITY OF TUSTIN AND APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT
SERVICES ASSOCIATION, CONCERNING WAGES,
SALARIES, FRINGE BENEFITS AND CONDITIONS OF
EMPLOYMENT
WHEREAS, the City Council has authorized and directed, under the
provisions of the City of Tustin Personnel Rules and Regulations, Resolution No. 88-
103, the preparation of a Classification and Compensation plan for all employees in
the municipal service of the City of Tustin; and
WHEREAS, Resolution No. 88-103 requires that amendments or revisions to
the compensation plan be approved by Resolution of the City Council; and
WHEREAS. the City of Tustin, hereinafter referred to as "City" and the Tustin
Police Support Services Association, hereinafter referred to as "TPSSA", have met
and conferred in good faith in accordance with the requirements of the Meyers-
Milias-Brown Act; and
WHEREAS, the City and TPSSA have reached agreement on wages,
salaries, fringe benefits and conditions of employment effective January 1, 2006
through June 30, 2007 as more particularly set forth in the attached Memorandum of
Understanding; and
NOW, THEREFORE, the City Council of the City of Tustin, California does
hereby resolve as follows:
SECTION 1. The Memorandum of Understanding, effective January 1,
2006, is hereby approved and incorporated herein by reference as Exhibit "A" as
though fully set forth herein and staff is authorized to amend the City's classification
and compensation plans accordingly.
SECTION 2. This Resolution shall become effective on January 3,
2006 and all Resolutions and parts of Resolutions in conflict herewith are hereby
rescinded.
Passed and adopted by the City Council of the City of Tustin at a regular meeting
held on the 3rd day of January 3, 2006.
DOUG DAVERT, MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Resolution
No. 06-11 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 3rd day of January, 2006, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
TERM: January 1, 2006 to June 30, 2007
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Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Article 28.
Article 29.
Article 30.
Article 31.
Article 32.
Article 33.
Article 34.
Article 35.
Article 36.
Article 37.
Article 38.
Article 39.
Article 40.
Article 41.
Article 42.
Article 43.
Article 44.
Article 45.
Article 46.
Article 47.
Article 48.
Article 49.
TABLE OF CONTENTS
Representation ........................................................................................................4
Represented Classes........................ .......... .......... ............4
Compensation...........................................................................................................5
Payroll Deductions ...................................................................................................7
Probationary Period ................................................................................................. 7
Uniforms ..................................................................................................................7
Bilingual Compensation............................................................................................8
Retirement ...............................................................................................................8
Social Security ........................................................................................................8
Overtime Compensation...........................................................................................8
Employee Life Insurance ......................................................................................... 9
Flexible Benefits Plan...............................................................................................9
Consolidated Omnibus Budget Reconciliation Act 1985.........................................10
Retiree's Health Insurance ....................................................................................10
Bereavement Leave ...............................................................................................10
Attendance ........................................................................................................... 10
Holidays.................................................................................................................11
General Leave .......................................................................................................12
Other Leaves .........................................................................................................13
L TD Leave of Absence and Short-term/Long-Term Disability Program .................. 13
Compensatory Time................................................ ...............................................15
Rest Periods ..........................................................................................................15
Leaves ...................................................................................................................15
Stand-by Duty ........................................................................................................15
Call Back Duty ......................................................................................................16
Tuition Reimbursement ..........................................................................................16
Work Schedules.....................................................................................................17
Shift Differential .....................................................................................................17
Acting Pay..............................................................................................................17
Lunch Break...........................................................................................................17
Paid Lunch .............................................................................................................18
Training Pay...........................................................................................................18
Performance Evaluations .......................................................................................19
Appeals and Hearings............................................................................................19
Grievance Procedure.............................................................................................22
Severance Pay and Assistance to Layoffs..............................................................25
Layoffs ...................................................................................................................25
Family Leave..........................................................................................................25
No Strike/Job Action...............................................................................................26
Management Rights Clause...................................................................................26
Employee Rights....................................................................................................26
Due Process Rights ...............................................................................................27
Application of Agreement .......................................................................................27
Gender...................................................................................................................28
Severability ............................................................................................................28
Binding on Successors...........................................................................................28
Notices...................................................................................................................28
Subject to State Law ..............................................................................................28
Entire Agreement """"""""""""""""""""""""""".............................................28
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TABLE OF CONTENTS
Article 50. Membership Meetings............................................................................................29
Article 51. Agency Shop..........................................................................................................29
Article 52. Term of Agreement ................................................................................................31
Appendix A - Salary Schedule Effective December 2005.........................................................32
Appendix B - Salary Schedule Effective June 26, 2006............................................................33
Appendix C - Police Services Officer's Career Officer Program ...............................................34
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MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
January 1, 2006 through June 30,2007
WHEREAS, in accordance with the provisions of the California Government Code
Sections 3500 etseq. and Section 17 of the Personnel Rules and Regulations of the
City of Tustin, hereinafter ",City," the City's representatives have met and conferred
in good faith with representatives of the Tustin Police Support Services Association,
hereinafter "Association" pertaining to the subject of employee wages, benefits and
conditions of employment; and WHEREAS, the meetings between the Association
and City representatives have resulted in an agreement and understanding to
recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives
recommend to the City Council that it adopt by resolution or resolutions said
changes to the wages, hours, and conditions of employment
WITNESSETH
WHEREAS, the Association 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.
ARTICLE 1. 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.
ARTICLE 2. Represented Classes.
The classifications that comprise the Police Non-Sworn Representation Unit are as
follows:
Communications Officer I
Communications Officer II
Communications Officer Lead
Police Services Officer I
Police Services Officer II
Police Services Officer III
Police Support Specialist
Police Support Specialist Lead
Property & Evidence Technician
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Part-Time employees working 20 hours or more are included in the TPSSA bargaining
unit
ARTICLE 3. 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.
The monthly salary ranges for all represented classifications are listed in Appendix A.
They represent an increase of 5% effective December 26, 2005. Effective January 1,
2007 the salary schedule will increase by the all urban Consumer Price Index (CPI-U)
covering Tustin for November 2005 through November 2006 with a maximum of 3%.
Effective December 26, 2005 Communications Officer Lead shall be paid 10% above
the Communications Officer II and the Police Support Specialist Lead shall be paid 10%
above the Police Support Specialist
Effective June 26, 2006 the Property and Evidence Technician and the Police Support
Specialist shall receive a 2% increase.
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 4.5%, 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 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.
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.
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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.
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 4.5%. 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 the demotion.
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 transferred shall continue to receive the same salary
rate and his/her salary review date shall not change.
3. 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.
G. Police Services Officers' career ladder program - See Appendix C
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ARTICLE 4. 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;
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. All authorized deductions to TPSSA
L. Purchase of United States Savings Bonds;
M. Payment for non-return of uniforms and/or equipment issued;
N. Other purposes as may be authorized by the City;
O. Deferred Compensation.
ARTICLE 5. 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.
ARTICLE 6. 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).
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ARTICLE 7. 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.
ARTICLE 8. 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 or 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 regularJull-time employees.
C. The employee is required to pay the cost of the employee share of 3rd Level, 1959
Survivor Benefits Premium.
ARTICLE 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.
ARTICLE 10. 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.
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ARTICLE 11. 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).
ARTICLE 12. Flexible Benefits Plan.
Effective December 26, 2005, the Flexible Benefits Plan will be as follows:
A. Flexible Bene fits Contribution per month per eligible employee:
Employee Only
Employee + 1
Employee + 2 or more
$400
$617
$800
Designated regular part-time employees shall be eligible for the flexible benefit plan
contribution on a pro-rata share based upon allocation (Le. a Y:z 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 (Le. a Y:z 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
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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.
D. 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.
The City agrees to re-open this section in December 2006.
ARTICLE 13. 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).
ARTICLE 14. 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.
ARTICLE 15. Bereayement Leaye. 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.
ARTICLE 16. 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
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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 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.
ARTICLE 17. 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
Thanksgiving Day.
Day following Thanksgiving Day
December 24
December 25
December 31
New Year's Day
President's Day
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
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holiday payment shall be made in January (Jan - September holidays) and October
(October - Dec holidays) of each year.
C. 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.
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.
ARTICLE 18. 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 " "
Over10""
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 (2
1/2) 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
City employment or upon a finding of hardship by the City Manager.
D. 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.
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ARTICLE 19. Other Leayes.
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 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 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
ARTICLE 20. L TD Leaye of Absence and Short-term/Lona-term Disability Program.
An employee, who has satisfied his/her initial probationary period, and who is receiving
LTD 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 to conflict with or waive employee rights under
State or Federal law including the Americans with Disabilities Act
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Short-term/Long-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 STD/L 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 his/her pre-disability earnings.
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.
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J. In the event the employee, pursuant to a Workers' Compensation injurylillness,
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 TO 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.
ARTICLE 21. Compensatory 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 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 forty (40) hours or less at his/her straight time hourly base rate.
ARTICLE 22. 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).
ARTICLE 23. Leayes. 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.
ARTICLE 24. Stand-by 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.
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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.
ARTICLE 25. 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.
ARTICLE 26. Tuition Reimbursement. Employees shall be encouraged to further their
academic education and training in those areas of benefit both to the employee and to the
City. Full-time and designated regular part-time employees shall be eligible for tuition
reimbursement on a pro-rata share based upon allocation (i.e. a Y:z 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.
D. 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).
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ARTICLE 27. Work Schedules.
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.
ARTICLE 28. 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.
ARTICLE 29. 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 4.5% 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. In 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.
ARTICLE 30. 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.
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No employee shall be restricted to any specific area or location during a non-paid lunch
break. Interruption of the employee'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.
ARTICLE 31. 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.
ARTICLE 32. Trainina Pav.
Unit employees (with the exception of the Communications Officer Lead and the Police
Support Specialist Lead) 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, except for Communications Officer II assigned to train
shall be paid 5% while training.
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 to provide leadership and
training without additional compensation.
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ARTICLE 33. Performance Eyaluations. An employee may not appeal or grieve a
performance evaluation unless said evaluation results in the denial of a merit increase.
Nothing herein shall restrict an employee from having a written rebuttal attached to a
performance evaluation with which the employee disagrees.
ARTICLE 34. Appeals and Hearings.
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.
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
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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 list
provided by the State Mediation and Conciliation Services through a process where the
employee organization and the employer strikes the name of an arbitrator until only one
name remains.
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.
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-
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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.
(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
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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.
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.
ARTICLE 35. Grieyance 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
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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).
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 management/supervisory 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.
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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.
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 grievant to appeal a decision on a grievance within the specified
time limits shall be deemed acceptance of the decision rendered.
7. The time limits specified at any step in this procedure may be extended or reduced
by written agreement of the grievant and an authorized management
representative.
EMPLOYEE REPRESENTATION
1. An employee may represent him/herself or be represented by a representative of
the employee organization.
2. If an employee chooses not to be represented by the employee organization and
the subject of the grievance involves MOU or other provisions which have been
negotiated between the City and the employee organization, the organization may
have staff representatives present beginning with Step 3, and shall have the right
to present the organization's interpretation of the provisions at issue. Such
presentation shall not include comments regarding the merits of the grievance.
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ARTICLE 36. 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.
ARTICLE 37. 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.
ARTICLE 38. 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.
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ARTICLE 39. No Strike/Job Action.
The Association, its officers, agents, representatives, and/or members agree on behalf
of themselves and the employees in the bargaining unit that they will not cause or
condone any strike, walkout, work stoppage, job action, slowdown, sick out, or refusal to
faithfully perform assigned duties and responsibilities, withholding of services or other
interference with City operations, including compliance with the request of other
employees and/or labor organizations to engage in any or all of the preceding activities.
Any employee who participates in any of the conduct prohibited above may be subject
to discipline up to and including termination.
In the event of such activities, the Association shaH immediately instruct any person
engaging in such conduct that they are violating the Agreement and that they are
engaging in unauthorized conduct and resume full and faithful performance of their job
duties.
The City agrees it will not lock out employees during the term of this agreement
ARTICLE 40. Manaaement Riahts 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
ARTICLE 41. Employee Riahts. 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.
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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.
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 distribute reasonable association information and
newsletters at the job site.
I. TPSSA representatives shall 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.
ARTICLE 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.
ARTICLE 43. Application of Aareement. 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 Agreement covers
only said employees. It is not solely limited to the members of said Association.
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ARTICLE 44. Gender. Words used in this Agreement in the singular include the plural,
and the plural include the singular. Words appearing in the male gender include the female
gender and the female gender include the male gender.
ARTICLE 45. Seyerabilitv. If any part of this Agreement is rendered or declared invalid
by reason of any existing or subsequently-enacted legislation, governmental regulation or
order or decree of court, the invalidation of such part of this Agreement shall not render
invalid the remaining parts hereof.
ARTICLE 46. Bindina on Successors. This Agreement shall be binding on the
successors and assigns of the parties hereto and no provisions, terms or obligations herein
contained shall be affected or changed in any way whatsoever by the consolidation,
merger, transfer or assignment of either party hereto.
ARTICLE 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, shall be mailed to City Manager, City of Tustin,
300 Centennial Way, Tustin, CA 92680.
ARTICLE 48. Subiect to State Law. Any provisions contained in this Agreement 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 from the United States of
America, State of California, or any subdivision or agency of either of them or any other
political subdivision or entity.
ARTICLE 49. Entire Aareement. This agreement, upon ratification and adoption,
supersedes all prior agreements unless expressly stated to the contrary herein and
constitutes the complete and entire agreement between the parties and concludes the meet
and confer process for its term unless otherwise expressly provided for herein.
The City and TPSSA agree that any City resolutions, ordinances, rules, regulations or
practices that are in conflict with the MOU and its provisions are subordinate to this MOU
and where conflicts exist this memorandum of understanding shall prevail.
The City and TPSSA for the duration of this Agreement, each voluntarily and without
qualification waives the right, and each agrees, that the other shall not be obligated to
bargain collectively with respect to any subject or matter covered in the Agreement
including the impact of the City's and the Association's exercise of their respective rights as
set forth herein n wages, hours, benefits and terms and conditions of employment The
City agrees that it will not seek to change any of the wages, hours, benefits and terms and
conditions of employment provided for and covered by this Agreement during its term. This
paragraph does not waive the right of the City or the Association to bargain over any
subject or matter not covered in the Agreement which is a mandatory subject of bargaining
and concerning which the City or the Association is considering a need to change during
the term of this Agreement
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ARTICLE 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.
ARTICLE 51. Aaency Shop.
1. Legislative Authority
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 have 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.
(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
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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.
3. Religious 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, non labor charitable
fund exempt 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.
4. Rescission
The agency shop provision in this Agreement may be rescinded by a majority vote of all the
employees in the unit covered by the Agreement, provided that:
(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) The vote is by secret ballot;
(c) 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)].
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(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.
5. Records
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.
ARTICLE 52. Term of Agreement. The term of this agreement shall be from January 1,
2006 through June 30, 2007.
IN WITNESS WHEREOF, the parties hereto have executed this document this
day of January, 2006.
CITY OF TUSTIN
TUSTIN POLICE SUPPORT
SERVICES ASSOCIATION
BY
BY
William A. Huston, City Manager
Sharon McCann, President
Linda Jenson, Liebert Cassidy Whitmore
Sharon Roberts, Member
Ron Nault, Director of Finance
Susan Cummings, Member
Scottie Frazier, Support Services Administrator
Fawn Nguyen, HR Analyst
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APPENDIX A
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
EFFECTIVE December 26, 2005
Classification Title Range A B C D E
Com Officer I 588 3810 4005 4210 4426 4652
Com Officer II 608 4005 4210 4426 4652 4891
Communications Officer Lead 648 4426 4652 4891 5141 5404
PSOI 557 3526 3707 3897 4096 4306
PSOII 578 3716 3906 4106 4317 4538
PSO III 608 4005 4210 4426 4652 4891
Police Support Spec 497 3035 3191 3354 3526 3707
Police Support Spec Lead 537 3354 3526 3707 3897 4096
Property & Evidence
Technician 549 3456 3633 3819 4015 4221
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APPENDIX B
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
EFFECTIVE June 26, 2006
Classification Title Range A B C D E
Com Officer I 588 3810 4005 4210 4426 4652
Com Officer II 608 4005 4210 4426 4652 4891
Communications Officer Lead 648 4426 4652 4891 5141 5404
PSOI 557 3526 3707 3897 4096 4306
PSOII 578 3716 3906 4106 4317 4538
PSOIII 608 4005 4210 4426 4652 4891
'Police Support Spec (2%) 505 3097 3255 3422 3597 3781
'Police Support Spec Lead 545 3422 3597 3781 3975 4179
'Property & Evidence
Technician (2%) 557 3526 3707 3897 4096 4306
. Classifications that were affected
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APPENDIX C
POLICE SERVICES OFFICER'S CAREER OFFICER PROGRAM
Police Services Officers qualifying under the Police Services Officer Career Officer
Program as outlined in the Division Standard Operating Procedure, shall be eligible for
additional compensation in accordance with the following:
Level
Police Services Officer I
Requirements include:
1. Entry level experience and education. May be assigned to fill any open
assignment, in any area, at the discretion of management
Police Services Officer II
Requirements include:
1. Minimum 5 years experience with TPD in one assignment area or 2 years with
TPD in one assignment area and 3 years equivalent experience with another law
enforcement agency (5 years total experience); OR
2. Minimum 2 years experience in at least two different assignment areas with TPD
(4 years total experience); OR
3. Minimum 3 years experience in the CSI assignment combined with possession of
a POST Forensic Technician certification (3 years total experience)
AND
4. Successful completion of the Tustin Police Department PSO 16 week Training
Program; AND
5. Competent or better evaluations for the previous three consecutive years.
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Police Services Officer III
Requirements include:
1. Minimum 7 years experience with TPD in one assignment area or 2 years
experience in one assignment area with TPD and 5 years equivalent service with
another law enforcement agency (7 years total experience); OR
2. Minimum 2 years experience each in 3 different assignment areas with TPD (6
years total experience); OR
3. Minimum 2 years in one assignment area and 3 years in the CSI assignment and
possession of a POST Forensic Technician certification; or 5 years experience in
the CSI assignment combined with possession of a POST Forensic Technician
certification (5 years total experience);
AND
4. Successful completion of the Tustin Police Department PSO 16 week Training
Program; AND
5. Competent or better evaluations for the previous 3 consecutive years.
Once a Police Services Officer has met the criteria for advancement to the next PSO
level, he/she shall complete the appropriate TPD form, "Recommendation for
Advancement to Police Services Officer (11,111)." Once completed, the form should be
submitted via chain of command. If all qualifications are met, the Department Head
shall make a recommendation for advancement and will authorize the Professional
Standards Unit to generate a Personnel Action Form signifying the classification
change.
Advancement increases will only occur on the employee's annual anniversary date,
accompanied by a competent performance evaluation; except that, those employees
eligible for advancement at the time of contract ratification, and who have been at their
current pay grade for at least 12 months, will be immediately considered.
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