HomeMy WebLinkAboutCC RES 06-10
RESOLUTION NO. 06-10
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 OFFICERS 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 Officers Association, hereinafter referred to as "TPOA", have met and conferred
in good faith in accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPOA have reached agreement on wages, 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Resolutions and parts of Resolutions in conflict herewith are hereby rescinded.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.
Resolution No. 06-10
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DD~¥
Mayor
ATTEST:
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. 06-10 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:
~
City Clerk
DAVERT, HAGEN, AMANTE, BONE, KAWASHIMA (5)
N9"" (n)
NONE (0)
NONE (0)
Resolution No. 06-10
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MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS' ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM: JANUARY 1, 2006 TO JUNE 30, 2007
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Resolution No. 06-10
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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.
TABLE OF CONTENTS
Recognition ..................................,..........................................................3
Salary """""""""""""""""""""""""""""""........................................3
Bi-lingual Pay ..........................................................................................5
Educational Incentive Pay.......................................................................5
Career Officer Program ...........................................................................6
Attendance .............................................................................................. 7
Retirement Plan.......................................................................................8
Social Security ........................................................................................9
Paid Leave .............................................................................................. 9
Shift Differential.....................................................................................12
Payroll Deductions ................................................................................12
No Strike/Job Action ..............................................................................12
Uniform Allowance ................................................................................13
Standby Duty ........................................................................................13
Call-Back Duty....................................................................................... 13
Special Assignments.............................................................................13
Rules of Procedure and Evidence......................................................... 14
Deferred Compensation ........................................................................15
Court Pay Provisions.............................................................................16
Rest Periods and Lunch Breaks............................................................ 16
Overtime Compensation........................................................................16
Employee Life Insurance....................................................................... 17
Flexible Benefits Plan............................................................................ 17
Probationary Period............................................................................... 1 8
Probationary Rejection ..........................................................................18
Layoff Procedure...................................................................................18
Consolidated Omnibus Budget Reconciliation Act of 1985...................18
Retiree's Health Insurance ....................................................................19
Long-Term Disability (L TD) Plan ...........................................................19
Tuition Reimbursement .........................................................................19
Performance Evaluations ......................................................................20
Work Schedules ....................................................................................20
Management Rights Clause ..................................................................21
Administrative Regulations....................................................................22
Application of Agreement ......................................................................22
Gender ..................................................................................................22
Severability............................................................................................22
No Change of Benefits ..........................................................................22
Employee Rights ...................................................................................23
Third Party Advisory Process for Disciplinary Appeals.......................... 24
Binding on Successors.......................................................................... 27
Entire Agreement ..................................................................................27
Amendments .........................................................................................27
Notices ....................'..............................................................................28
Term of Agreement ...............................................................................28
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Resolution No. 06-10
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Page 2 of 28
MEMORANDUM OF UNDERSTANDING
POLICE OFFICER REPRESENTATION UNIT
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS' ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government
Code ARTICLEs 3500 et.seq. and ARTICLE 17 of the Personnel Rules and
Regulations of the City of Tustin, City representatives have met and conferred in
good faith with the Tustin Police Officers' Association pertaining to the wages,
hours, benefits and conditions of employment for employees in the Police Officer
Representation Unit; and
WHEREAS, the meeting between the Association and City representatives has
resulted in an agreement and understanding to recommend that the employees
represented by the Association accept all of the terms and conditions as set forth
herein and that the City representatives recommend to the City Council that it
adopt by resolution or resolutions the changes and additions to the wages, hours
and conditions of employment for the unit employees as set forth herein.
WITNESSETH
ARTICLE 1. Recoanition.
The City has previously recognized the Tustin Police Officers' Association as the
majority representative of employees in the Police Officer Representation Unit for
purposes of representation on issues of wages, hours and other terms and
conditions of employment. As majority representative, the Association is
empowered to act on behalf of all employees who hold positions in classes in the
Police Officer Representation Unit whether or not they are individually members
of the Tustin Police Officers' Association. The classifications constituting the
Police Officer Representation Unit are Police Officer and Police Recruit.
ARTICLE 2. Salary.
The salaries of all bargaining unit employees in the classification of Police Officer
shall be increased 5% effective December 26, 2005 as follows (salaries are
indicated on a monthly basis):
Police Officer - Range 690
A
$4,915
B
$5,167
C
$5,431
D
$5,710
E
$6,002
Police Recruit- Range 564
$3,588
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Resolution No. 06-10
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Effective June 26, 2006 the Classification of Police Officer shall be increased 3%
as follows:
Police Officer - Range 702
A
$5,065
B
$5,324
C
$5,597
D
$5,883
E
$6,185
Effective January 1, 2007, the classification of Police Officer shall be increased
by the all urban consumer price index (CPI-U) which applies to Tustin for
November 2005 through November 2006 to a maximum of 3%.
The preparation of the City's compensation plan as described in ARTICLE 4 of
the Personnel Rules and Regulations shall be subject to the meet and confer
process with the Tustin Police Officers Association.
Pavrollissuance
All Bargaining unit employees shall receive their regular salary paid Bi-weekly.
Salary 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, B, 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
"B" upon completion of six months of employment where the employee
has demonstrated satisfactory performance.
3.
Employees shall be eligible to move from salary step "B" to salary step
"C" and thereafter to each step through the final salary step in the
employee's salary range upon completion of one year at the salary
step where the employee has demonstrated satisfactory performance.
4. For all employees eligible to advance between salary steps the
Department Head shall submit to the Human Resources Department a
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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 hislher
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.
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.
3.
An employee who is transferred .shall continue to receive the same
salary rate and the salary review date shall not change.
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.
ARTICLE 3. ai-lingual Pay.
4.
Unit employees, except Police Officer Recruit, who successfully pass the City's
examination for conversational skill, in a language other than English (which the
Human Resources Director has approved as being needed for City Business),
are elig ible to receive $100 per month ($46.15 per pay period) as a bi-lingual pay
incentive. Individuals are eligible to receive bi-lingual pay at the beginning of the
first pay period after Human Resources receives the employee's test score
demonstrating conversational proficiency. Should a conflict arise regarding
designation of an employee for compensation, proficiency and/or need the
Human Resources Director shall determine who is eligible. The City is
responsible to develop and administer a testing vehicle to determine proficiency.
ARTICLE 4. Educational Incentive Pay.
The City shall provide Educational Incentive Pay as an incentive for unit
employees, with the exception of the classification of Police Recruit, to improve
their level of education in relevant fields beyond the expected level for their
position.
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Resolution No. 06-10
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Unit employees are eligible to receive Educational Incentive Pay after six (6)
months of City service. Incentive pay begins the first pay period after Human
Resources receives and certifies the employee has met all of the eligibility
requirements.
To apply for Educational Incentive Pay an employee must be actively at work,
provide official documentation of the required classes and/or degree (AA, BA or
BS, Masters) and have completed any applicable service requirements.
Dearee in Related Field
Police Officer
AA Degree or its equivalent
Bachelor's Degree
Masters Degree
$ 175/mo. ($80.77 per pay period)
$325/mo. ($150.00 per pay period)
$375/mo. ($173.07 per pay period)
An equivalent to an AA Degree shall include continuing active enrollment in a
Bachelor's curriculum with over half the course work completed. Credit for a
class under this plan requires a grade of "C" or better. A pass/no-pass course will
be deemed to have achieved a "C' grade if the course was passed. No credit is
provided for courses for which the City paid and were attended entirely or in
substantial part on City time. Employees in a program leading to a job-related
degree may be given credit for non-job related courses which are required to
obtain the degree but they shall not exceed 50% of the total credits until the
related degree is received.
A reasonable interpretation of the related nature of the degree fields shall be
made by the Human Resources Director.
For purposes of contract negotiations, the BAIBS degree shall be used for future
comparisons.
ARTICLE 5. Career Officer Proaram.
Officers qualifying under the Career Officer Program as outlined in the Police
Department General Order Manual shall be eligible for additional compensation
in accordance with the following:
Level
Increase In Base Salary
Senior Officer I
Requirements include:
. Five (5) consecutive years of employment with the Tustin Police
Department as a full time sworn police officer (lateral entry officer
may use 50% of their prior paid full time sworn police officer service
toward this requirement).
. POST Basic Certificate.
. 30 College semester credits (transcripts required).
. "Competent" or better annual performance evaluations for the
previous three (3) consecutive years.
2.5%
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. Has accepted additional duties as assigned.
Senior Officer II
Requirements include:
. Seven (7) consecutive years of employment with the Tustin Police
Department as a full time sworn police officer (lateral entry officer
may use 50% of their prior paid full time sworn police officer service
toward this requirement).
. POST Intermediate Certificate.
. 60 College semester credits or an Associate Degree (transcripts
required).
. "Competent" or better annual performance evaluations for the
previous three (3) consecutive years.
. Has performed as a Senior Officer I for one (1) year.
. Has accepted additional duties as assigned.
4.5%
Masler Officer
Requirements include:
. Ten (10) consecutive years of employment with the Tustin Police
Department as a full time sworn police officer (lateral entry officer
may use 5Ò% of their prior paid full time sworn police officer service
toward this requirement).
. POST Advanced Certificate.
. 90 College semester credits.
. .Competent" or better annual performance evaluations for the
previous five (5) consecutive years.
. Has performed as a Senior Officer II for one (1) year.
. Has accepted additional duties as assigned.
6.5%
Employees are eligible at the beginning of the first pay period following Human
Resources receipt of documentation that all requirements are met and approvals
processed.
ARTICLE 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.
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Resolution No. 06-10
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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.
ARTICLE 7. Retirement Plan.
All employees covered under this Agreement shall be members of the State of
Califomia 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. For the classification of Police
Recruit, the City shall pay, on behalf of the employee, seven percent (7%) of the
employee's reportable compensation to PERS in accordance with the City's non-
safety miscellaneous contract with PERS.
For sworn employees, effective July 1, 2004 the employer rate for PERS will be
32.802%. In the future (with the exception of Police Recruit) should the PERS
employer rate exceed 32.802%, the employee and the City will cost share on a
65% City / 35% employee basis any increase above 32.802% (i.e., if the rate is
34.802%, the excess is 2% - the City will be responsible for 1.3% and the
employee will be responsible for .7%) Any contribution required of the employee
will reduce the City's 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.
In the event the City's PERS rate is reduced, any amount being paid by the
employee under this cost sharing provision shall be reduced in an amount equal
to the City's rate reduction until such time as the City's rate is equal to 32.802%.
PERS Cost sharing shall be treated consistently with other survey market cities
for the purpose of calculating compensation. .
The PERS plan in effect for Safety Members is the 3%@ 50 formula for Local
Safety Members. The plan has been amended to include ARTICLE 21574
(Fourth Level of 1959 Survivor Benefits, ARTICLE 20042 (One-year Final
Compensation), and ARTICLE 21024 (Military Service Credit as Public Service).
The PERS plan in effect for Non-safety Miscellaneous Members is the 2%@ 55
formula for Local Miscellaneous Members. The plan has been amended to
include ARTICLE 21573 (Third Level of 1959 Survivor Benefits, ARTICLE 20042
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Resolution No. 06-10
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(One-year Final Compensation), and ARTICLE 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.
ARTICLE 8. 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 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 years
Over 10 years
General Leave Hours Per Year
160
208
248
2.
Each November, regular and promotional probationary employees
may request that he/she be paid for a maximum of forty (40) hours
of accrued General Leave. Employee requests will be granted
provided the employee will retain eighty (80) hours of General
Leave in hislher account after the payout occurs.
3.
Each calendar year employees may accumulate General Leave to
a maximum of two and one half (2 Yo) times the employee's annual
entitlement. Upon separation from the City service the employee
will be paid for unused Leave, not to exceed the maximum of two
and one-half (2 112) years entitlement, at the employee's then
current base salary rate.
4.
Effective April 18, 2005, any employee who has General Leave in
excess of two and one-half his/her annual entitlement shall be paid
for any such excess hours (as indicated on the leave report for the
period ending closest to April 17, 2005) at his/her current base
salary rate. This shall be a one-time payment made with the first
pay period in May 2005.
5.
Pay in lieu of General Leave will be granted upon termination of
City employment or upon a finding of hardship by the City Manager.
6. The taking of General Leave for reason other than non-job related
illness or injury must be approved by the Department Head and due
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regard shall be given to the employee's preference in scheduling
such paid leave time.
B.
Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July4
First Monday in September
November 11
Thanksgiving Day
Day after 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
Christmas Day
New Year's Eve
When a holiday occurs on a Sunday, the following Monday will be
observed instead. When a holiday occurs on a Saturday, the preceding
Friday will be observed instead.
For the designated holidays, employees are eligible for nine (9) hours of
paid time off for each full day. Unless operational needs, as determined
by the Police Chief, require that the time be taken at some other date the
time off will be taken on the scheduled holiday.
If the holiday hours paid on a holiday or substituted day off are less than
the employee's regularly scheduled hours the employee may use accrued
compensatory time or General Leave to ensure that hours paid will be the
same as would regularly be paid for the day.
In December of each year, each regular and promotional probationary
employee may request a cash out of his/her holiday credit for the following
year in lieu of having time off. The employee must have General Leave
accrued in an amount equivalent to the holiday cash out requested to be
eligible for full payment of the advanced holiday payment in January. In
the event the employee does not have the required hours in hislher
General Leave bank, pursuant to the City's leave report for pay period 25
of each year, the advance holiday payment shall be made in two
installments, one in January (January - September holidays) and one in
October (October - December holidays) of each year.
The request may only be for all cash, or all General Leave or half
cash/half General Leave. This notification shall be in writing and is
irrevocable. In the event that an employee separates from service and
has used and/or been paid for holidays in excess of the pro-rata earned
hours per month, the overage shall be deducted from hislher final check.
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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).
C.
Bereavement Leave
The City shall provide three (3) days off with pay for the purpose of
bereavement leave in the event of a death in the employee's immediate
family. "Immediate Family" shall be defined as including the spouse,
mother, father, brother, sister, child, grandparent, and grandchild of the
employee or the employee's spouse. An employee may use less than
three (3) days.
Bereavement Leave is intended to allow time for an employee to morn the
loss of a loved one and/or to assist family members during a time of loss.
In the event an extended absence or travel is necessary, the employee
may request to use General Leave to supplement bereavement leave.
D.
Jury Duty Leave
All bargaining unit employees on jury dutywill receive full City salary. The
employee will turn over all amounts payable to the employee by the courts
for jury duty except for mileage and subsistence reimbursements, to the
City.
E.
Industrial Disability Leave
All bargaining unit employees who are unable to perform the essential
functions of their classification and assignment by reason of job-related
injury or illness as contemplated by the Worker's Compensation laws of
the State of California shall be paid:
1.
Full salary and benefits to a maximum provided for under the
City's Personnel Rules and Regulations (Police Recruit) or
pursuant to ARTICLE 4850 (Police Officers).
F.
All other benefits as prescribed under the Worker's
Compensation laws of the State of California.
Military Leave
2.
Upon notice from the Association that a unit employee has been called to
active duty the City will, within 30 calendar days, place on the Council
agenda a Resolution for consideration that would provide the affected
employee supplemental salary in the event his/her military pay and
associated dollar stipends and extras is less than he/she would have
earned in base pay if the employee had not bee called to active duty.
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ARTICLE 10. Shift Differential.
Employees whose regular shift is the graveyard shift (shift begins at 6:00 p.m.
and ends at 6:00 a.m. the following day) shall receive $50.00 per month for each
month worked on said shift. This differential is designed to compensate the
employee for the inconvenience of working this particular shift. Unit employees
receiving this differential are paid $25.00 per pay period, limited to 24 pay
periods per year.
ARTICLE 11. Pavroll Deductions.
Deductions of authorized amounts may be made from employee's pay for the
following purposes:
A. Withholding Tax;
B. Contributio ns to retirement benefits including deferred compensation;
C. Contribution to survivor 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 ARTICLE 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.
Article 12. 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 shall immediately instruct any
person engaging in such conduct that they are violating the Agreement and that
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they are engaging in unauthorized conduct and resume full and faithful
performance of their job duties.
ARTICLE 13. Uniform Allowance.
Employees will be paid a uniform allowance of $429.00 per year. The allowance
is paid bi-weekly ($16.50 per pay period126 pay periods per year). Special motor
officer gear and officer public safety leather gear required by the department will
be provided.
ARTICLE 14. StandbY Dutv.
Unit employees shall be compensated for standby duty for other than court
appearances at the rate of two (2) hours straight time for each eight (8) hours
required, including holidays. Standby duty for scheduled court appearances on
behalf of the City shall be compensated at a rate of two (2) hours straight time for
morning (a.m. hours) appearances and two (2) hours straight time for afternoon
(p.m. hours) appearances.
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.
ARTICLE 15. Call-Back Dutv.
In addition to standby compensation, if any, officers shall receive a minimum of
two (2) hours overtime paid at a time and one-half rate for any call which required
them to return to duty.
ARTICLE 16. Special Asslanments.
Except as indicated, employees assigned and engaged in the performance of
work that constitutes the following special assignments shall receive, in addition
to their regular compensation, premium pay in the amount of two and one half
percent (2 1/2%) of base salary provided that at no time may an employee
receive more than one (1) special assignment pay premium.
Area Resource Officer
Bike Team Officer
Field Training Officer
Community Resources Officer
Commercial Enforcement Officer (limited to one individual assignment)
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K-9 Officer
Investigator
Motor Officer
Professional Standards Personnel Ofcr/Professional StandardsTraining Ofcr
Gang Unit Officer
School Resource Officer
The City has the absolute discretion regarding the assignment and reassignment
of employees to special assignments. Any such assignment is not vested and
may be revoked at any time and any appeal required by ARTICLE 3304(b) of the
California Government Code, shall be governed by ARTICLE 17.
Employees occupying the assignment of Motor Officer or K-9 Officer each
receive one paid day off per month (10 hours) which is considered as
compensable as hours worked under FLSA for the time spent (as an officer-dog
handler or officer motor-handler) at their residence in caring for the
dog/equipment during regular days off and during vacation or sick leave.
In July 2006, upon implementation of the area commander system, the City will
meet with TPOA to discuss the FTO and SWAT assignments.
ARTICLE 17. Rules of Procedure and Evidence for Post-Removal From
Specialty Pav Position Hearinas.
Any Police Officer removed from a specialty pay position for non-disciplinary
reasons may file a written appeal with the City Manager within 10 days of
receiving notice of removal.
1. Hearings shall be conducted by the City of Tustin ("City") Manager
or his or her designee.
2. The question to be decided is whether the City abused its discretion
in removing the police officer from the specialty pay position.
3. Formal rules of evidence and procedure that may be applicable in a
court of law shall not apply to these hearings. Evidence, both oral and
documentary, shall be admissible if it is the type of evidence that responsible
persons are accustomed to rely on in the conduct of serious affairs, regardless of
the existence of any judicial rule which might have made improper the admission
of such evidence over objection in civil actions. Hearsay evidence may be
admitted for the purpose of supplementing or explaining any direct evidence but
shall not be sufficient by itself to support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall be applicable to the
same extent that they are recognized in civil actions.
4. Each party shall have the right to call and examine witnesses, to
introduce exhibits and to cross-examine opposing witnesses. If the employee
does not testify his or her own behalf, the employee may be called and examined
as if under cross-examination.
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5. Testimony shall be recorded by means of either a tape recording or
certified court reporter.
6.
Witness shall be swam unless bot!1 parties stipulate otherwise.
7. Written declarations made under penalty of pe~ury shall be
admissible; provided, however, that declarants shall be made available for
testimony at the request of the party against whom the declaration is offered.
8. The police officer appealing the removal from the specialty pay
position has the burden of proof. The standard of proof is a preponderance of the
evidence. The City shall present its case first. During the presentation of the
City's case, the officer shall have the right to cross-examine any witness called to
testify by the City. During the presentation of the officer's case, the City shall
have the right to cross-examine any witness called by the employee to testify.
9. Both parties shall have the right to counsel. Employee may be
represented by the applicable employee organization representative.
10. Both parties shall have the right to present an opening argument
prior to the presentation of any evidence and a closing argument after the
presentation of all evidence.
11. The City Manager, or his or her designee, shall decide all questions
of procedure and evidence.
12. The City Manager, or his or her designee, shall issue a written
decision within 30 days (1) of the conclusion of the hearing; or (2) of the receipt
of post-hearing briefs if such briefs are requested by the City Manager or his or
her designee.
13. The decision of the City Manager shall be final and binding. If the
City Manager chooses to designate a hearing officer, that hearing officer will
make a recommendation based on written findings to the City Manager, whose
decision shall be final and binding.
14. Any objection to the City Manager, or his or her designee, on the
grounds of bias, must be made in writing, stating the reasons therefore, by
delivering of the writing to the City Manager no later than five (5) days prior to the
date of the hearing.
ARTICLE 18. Deferred ComDensation.
The City shall contribute $37.00 per pay period, per employee, to a deferred
compensation program or vehicle currently offered by the City. It is the
responsibility of employees to complete the necessary paperwork and take
required steps to enroll in the program. Should employees fail to enroll, the City
is under no obligation to make retroactive contributions on behalf of said
employee or employees. Employees hired into the representation unit shall be
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provided with a notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
ARTICLE 19. Court Pav Provisions.
The City shall pay actual time spent in court at a rate of time and one-half to
employees who are required to appear in court on behalf of the City during their
off-duty hours subject to a minimum of two (2) hours of such compensation for
court appearances scheduled In the morning (a.m. hours) and two (2) hours of
such compensation for court appearances scheduled in the afternoon (p.m.
hours).
ARTICLE 20. Rest Periods and Lunch Breaks.
All bargaining unit employees shall be entitled to a fifteen (15) minute rest period
for each four (4) hours of their work shift. The scheduling of the rest breaks shall
be the responsibility of the employee's supervisor.
Any employee required to monitor a radio or telephone during the lunch. break
shall be considered on paid status during the lunch break and shall be paid for
said time.
No employee shall be intimidated, coerced or discriminated against for exercising
his/her entitlement to rest periods and/or lunch breaks as provided for in this
Article.
ARTICLE 21. Overtime Compensation.
The City shall pay unit employees premium pay of time and one-half for all
approved overtime hours worked in excess of; (1) regularly scheduled hours per
shift; (2) hours worked on a day the employee is not regularly scheduled to work;
or (3) hours worked in excess of the prescribed hours during the applicable work
cycle, (i.e. (a) 40 hours in a 7-day work cycle for employees on the 4/10 work
schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5 work
schedule; and (c) 80 hours in a 14-day work cycle for employees on the 9/80
work schedule). General leave, compensatory time and holiday hours paid shall
be counted as hours worked in these calculations; provided however, that
standby time shall not be considered in determining entitlement to premium pay.
In lieu of receiving cash payment for overtime, the employee may elect the option
of accruing compensatory time at the rate of time and a half, subject to a
maximum accrual of forty (40) hours.
The time during which an employee may take compensatory time shall be
subject to approval by the appointing authority or designee with due regard for
the wishes of the employee and for needs of the service. Should this provision
be found invalid by an arbitrator, court of competent jurisdiction or the
Department of Labor, the accrual of compensatory time shall cease and all
accrued compensatory time shall be paid at the employee's current straight time
rate.
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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. EmDlovee 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.
ARTICLE 23. Flexible Benefits Plan.
The Flexible Benefits Plan will be as follows:
A.
Effective December 26, 2005, the Flexible Benefits Contribution per month
per eligible employee shall be:
Employee Only
Employee + 1
Dependent
Employee + 2 or more
Dependents
$407
$625
$833
B.
Employees who do not take medical insurance through the program
offered by the City shall receive $300 per month in lieu of the coverage
comparable to coverage available through the City program. As a
condition of receiving such amount, the employee must provide evidence,
satisfactory to the City, that he/she has medical and dental insurance
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.
2.
3.
4.
5.
6.
Medical insurance offered under the Public Employees' Medical
and Hospital Care Act Program.
Dependent Dental Insurance
Additional Life Insurance
Vision Insurance
Deferred Compensation
ARTICLE 125 Dependent or Medical Care Reimbursement
Programs
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7.
8.
Eligible Catastrophic Care Programs
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.
ARTICLE 125 Program
The ARTICLE 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 24 . Probationary Period.
Each sworn bargaining unit employee shall be subject to an original probationary
period of not less than eighteen (18) months for new hire police officers. This
extended probationary period shall not affect an employee's entitlement 10
periodic merit increases. The Police Chief may recommend to the Human
Resources Director to extend for a period not to exceed ninety (90) days the
probationary period of any unit employee.
A unit employee rejected during a promotional probationary period (other than
Police Recruit) shall be reinstated to the position and status from which promoted
unless the employee is being discharged for cause. Employees being disciplined
for cause during a promotional probationary period shall have the right of appeal
using the existing disciplinary appeals procedure.
Any leave of absence without pay exceeding fifteen (15) work days may cause
the employee's probationary period to be extended by the number of work days
of such leave that are in excess of fifteen (15) days.
ARTICLE 25. Probationary Rejection.
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. County of Placer.
ARTICLE 26. Layoff Procedure.
The provisions of ARTICLE 10 of the Personnel Rules and Regulations currently
in effect are hereby incorporated into this memorandum of understanding by
reference and shall be an attachment hereto.
ARTICLE 27. Consolidated Omnibus Budget Reconciliation Act of 1985.
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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 28. Retiree's Health Insurance.
The City will contribute (reimburse) a maximum of $350.00 per month towards
the payment of medical insurance premiums for employees who have five (5)
years of continuous City service and at the time of leaving City service, retire with
a PERS pension. Such contribution includes any required contribution to be
made for eligible retirees under the Public Employees' Medical and Hospital Care
Act Program.
The City agrees to investigate the creation of a Retiree Health Savings Plan into
which employees can make contributions.
ARTICLE 29. Lona-Term Disabilitv lL TO) Plan.
A.
Police recruits shall participate in the City's STD/L TD plan under the same
terms, conditions and cost as those employees in the general employee
bargaining unit.
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.
B.
C.
The City will contribute $20.50 per month per unit employee to the TPOA
LTD. Fund.
D.
In addition to provisions of the Long-Term Disability Insurance Plan,
provided the leave exceeds thirty (30) days, the City agrees to pay the
60% of an employees' base salary for a period not to exceed 14 days or
the equivalent of 80 hours. Such payment is considered taxable income
and occurs after the employee has used eighty (80) consecutive hours of
General Leave during the 30 day period beginning with the 1st day of the
leave.
E.
Flexible benefits will be continued for ninety days of a disability leave and
such time will be counted towards satisfying Federal FMLA and State of
California FRA requirements.
F.
It is understood that proof of coverage is to be submitted to the City upon
request and eligibility for City benefits provided in D and E of this
ARTICLE is conditioned upon the City's receipt of proof of disability.
ARTICLE 30. Tuition Reimbursement
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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.
D.
Reimbursement for up to $500.00 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 $1000.00.
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.
ARTICLE 31. Performance Evaluations.
An employee may not appeal or grieve a performance evaluation unless said
evaluation results in the denial of a merit increase. Nothing herein shall serve to
restrict an employee from having a written rebuttal attached to a performance
evaluation with which the employee disagrees.
ARTICLE 32. Work Schedules.
Police Officers work schedules under Code ARTICLE 207(k) of the Fair Labor
Standards Act (FLSA).
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
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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
. Traffic, Investigation, and Professional Standard Divisions.
. Employees in special assignments
3/12.2
. Patrol
. Police officers assigned to the bike team will continue to work a
3/12.2 schedule until implementation of the area commander
system at which time, the bike team will work a 4/10 schedule.
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.
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.
ARTICLE 33. Management Ricihts Clause.
Except as otherwise specifically provided for in State and/or Federal laws, and
this Agreement, the City reserves and retains and is vested with all rights of
management which have not been expressly abridged by specific provisions of
this Agreement or by law to manage the City. This shall include, but is not limited
to:
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
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by County, State, or Federal action. In the event of such suspension of the
Agreement, when the emergency is over management will immediately initiate
the meet and confer process over replacement of any salary, benefit, or working
conditions lost by unit employees as a result of the suspension of this
Agreement.
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.
ARTICLE 34. Administrative Regulations.
The City Manager may issue written administrative personnel regulations
designed to augment or clarify the provisions of this Memorandum.
ARTICLE 35. AÞÞlication 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 Tustin Police
Officer Representation Unit, and that this Agreement covers only said
employees. It is not solely limited to the members of the Tustin Police Officers
Association.
ARTICLE 36. 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 includes the male gender.
ARTICLE 37. SeverabilitY.
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 part hereof.
Article 38. No Change of Benefits.
During the life of this agreement there shall be no unilateral change of benefits or
privileges contained in this Memorandum of Understanding or the Resolutions
adopting this Memorandum of Understanding that are not specifically changed by
this agreement except for those not impacting terms and conditions of
employment.
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ARTICLE 39. Employee Riahts.
As the recognized representative of the employees covered by this memorandum
of understanding the City acknowledges and recognizes the following employee
rights:
1. TPOA shall have access to and be provided with payroll deduction of
dues, fees, and assessments without charge through the City's regular
payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the
posting of notices, updates, meeting minutes and other material related to
TPOA business.
3. TPOA shall be afforded the reasonable use of department copy machines
and faxes and will reimburse the City for any material costs or toll fees for
such use.
4. Upon notice and subject to availability the City shall allow TPOA the use of
City facilities 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.
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.
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12.TPOA representatives may be granted general or other leave for labor
relations training.
13.AII other rights and privileges currently in effect or which may be enacted
in the future pursuant to State or Federal law.
ARTICLE 40. Third Partv Advisory Process for DisciDlinary ADDeals.
Disciplinary actions, which may move beyond the Department Head's decision,
include the actions of termination, suspension, reduction of salary, and demotion.
The "third party" advisory process is the step between the Department Head's
action and the City Manager's final decision. In the Department Head's notice of
final disciplinary action (which should be served by registered mail or personal
delivery) shall be a statement which clearly informs the employee that he/she has
the right, within 10 working days after receipt of the response, to request the next
level of appeal. The day the employee receives the Department Head's final notice
shall not count as one of the 10 days.
The employee's request for the next level of appeal must be addressed to the
Human Resources Director and received in the Human Resources Office so that
same is date stamped by the Human Resources Office with the 1 O-day period.
If, within the 10-day appeal period, the employee involved does not file said
appeal, unless good cause for the failure is shown, the action of the Department
Head shall be considered conclusive and shall take effect as prescribed. If within
the 10-day appeal period, the employee involved files such notice of appeal by
giving written notice of appeal to the Human Resources Director, an appeal
hearing shall be established as follows:
A.
If a single third party hearing officer cannot be agreed upon by the Human
Resources Director and the employee's representative (or employee alone if
unrepresented), the American Arbitration Association shall be requested to
submit a list of 7 persons qualified to act as arbiters to the City and employee.
Within 10 days following receipt of the list of arbiters, the parties shall meet to
select the arbiter. The parties shall alternately strike one (1) name from the
list of arbiters (the right to strike the first name to be determined by lot) until
one (1) name remains, and that person shall be the arbiter.
B.
Where practicable, the date for the hearing shall not be less than 20 days,
nor more than 60 days, from the date' of the filing of the appeal with the
Director of Human Resources. The parties may stipulate to a longer or
shorter period of time in which to hear the appeal. All interested parties shall
be notified in writing of the date, time, and place of hearing.
c.
All hearings shall be private provided, however, that the arbiter shall at the
request of the employee, open the hearing to the public.
D. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be
issued at the request of either party, not less than 5 working days, prior to the
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E.
commencement of such hearing. After the commencement of such hearing,
subpoenas shall be issued only at the discretion of the arbiter.
The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses. Any relevant evidence shall be admitted
if it is the sort of evidence on which reasonable persons are accustomed to
rely in the conduct of serious affairs, regardless of the existence of any
common law or statutory rules, which might make improper the admission of
such evidence over objectioh in civil actions. Hearsay evidence may be used
for the purpose of supplementing or explaining any direct evidence but shall
not be sufficient in itself to support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall be effective to the
same extent that they are now or hereafter may be recognized in civil and
criminal actions, and irrelevant and unduly repetitious evidence shall be
excluded, The arbiter shall not be bound by technical rules of evidence. The
arbiter shall rule on the admission or exclusion of evidence.
F.
Each party shall have these rights: To be represented by legal counselor
other person of his/her choice; to call and examine witnesses; to introduce
evidence; to cross-examine opposing witnesses or any matter relevant to the
issues even though that matter was not covered in the direct examination; to
impeach any witness regardless of which party first called himlher to testify;
and to rebut the evidence against him/her. If the respondent does not testify
in hislher own behalf, he/she may be called and examined as if under cross-
examination. Oral evidence shall be taken only on oath or affirmation. A
court reporter will be engaged to record the hearing, unless the parties (City,
arbiter, employee/employee representative) mutually agree that same is not
necessary.
G.
The hearing shall proceed in the following order, unless the arbiter, for special
reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening
statement.
2. The appealing party Shall then be permitted to make an opening
statement.
3. The party imposing disciplinary action shall produce the evidence on
hislher part; the City bears the burden of proof and burden of producing
evidence.
4. The party appealing from such disciplinary action may then open hislher
defense and offer his/her evidence in support thereof; the employee bears
the burden of proof and the burden of producing evidence for any
affirmative defenses asserted.
5. The parties may then, in order, respectively offer rebutting evidence only,
unless the arbiter for good reason permits them to offer evidence upon
their original case.
6. Closing arguments shall be permitted and written briefs may be permitted
at the discretion of the arbiter.
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H.
The arbiter shall determine relevancy, weight, and credibility of testimony and
evidence. He/she shall base his/her findings on the preponderance of
evidence. During the examination of a witness, all other witnesses, except
the parties, shall be excluded from the hearing unless the arbiter, in hislher
discretion, for good cause, otherwise directs. No still photographs, moving
pictures, or television pictures shall be taken ion the hearing chamber during
a hearing. The arbiter, prior to or during a hearing, may grant a continuance
for any reasons he/she believes to be important to reaching a fair and proper
decision. The arbiter shall render his/her judgment as soon after the
conclusion of the hearing as possible and in no event later than 30 days after
conducting a hearing. His/her decision shall set forth findings of fact and
conclusions. The opinion shall be advisory only.
I.
The arbiter may recommend sustaining or rejecting any or all of the charges
files against the employee. He/she may recommend sustaining, rejecting, or
modifying the disciplinary action invoked against the employee. He/she may
not recommend for discipline more stringent than that invoked by the
Department Head.
J.
The arbiter's opinion and recommendation shall be filed with the City
Manager, with a copy sent to the charged employee, and the Human
Resources Director and shall set forth his/her findings and recommendations.
If it is a dismissal hearing and a dismissal is not the arbiter's
recommendation, the opinion shall set forth the recommended date the
employee is recommended to be reinstated and/or other recommended
action. The rèinstatement date, if appropriate, may be an time on or after the
date of disciplinary action.
Within 30 days of the receipt of the arbiter's findings and recommendations,
and transcript (which is optional only in certain cases), whichever date is
later, the City Manager shall adopt, amend, modify or reject the
recommended findings, conclusions, and/or opinions of the arbiter. Prior to
making a decision, which modifies or rejects the recommendation of the
arbitrator, the City Manager shall order and read the transcript of the Third
party Advisory Process. Prior to making a decision which supports the
arbiter, the City Manager may order and read the subject transcript, at hislher
option, allow limited oral arguments and/or may request and review written
statements from either side. The decision of the City Manager shall be final
and conclusive. .Copies of the City Manager's decision, including the arbiter's
recommendations(s) shall be filed where appropriate, including the
employee's personnel file, unless no discipline is upheld by the City Manager.
Each party shall bear equally the cost of facilities, fees and expenses of the
arbiter, including the court reporter and transcripts. If the City Manager
orders a transcript for his/her review, the City shall bear the cost of providing
the transcript. Each part shall bear its own witness and attorney fees. If either
party unilaterally cancels or postpones a scheduled arbitration, thereby
resulting in a fee charged by the arbiter or court reporter, then the party
responsible for the cancellation or postponement shall be solely responsible
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for the payment of that fee. This process shall not apply to mutual
settlements by the parties, which result in an arbitration fee.
K.
In the case of suspension, demotion, reduction in salary, or dismissal
prescribed by the City Manager, the time of such suspension, demotion or
dismissal shall be effective from the first day after such delivery of said
decision or shall relate back to be effective as of the date the employee was
suspended from duty pending hearing before and decision by the City
Manager, whichever is app1icable. If discipline imposed resulted in loss of
pay, the pay loss shall be restored to the employee based on the number of
standard work hours lost computed at thislher then base hourly rate. The
provision of Section 1094.6 of the Code of Civil Procedure shall be applicable
to proceedings under this Section.
ARTICLE 41. Blndina 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, sale, transfer or
assignment of either party hereto.
ARTICLE 42. Entire Aareement.
This agreement, upon ratification and adoption supersedes all prior practices and
agreements, whether written or oral, 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 TPOA agree that any City resolutions, ordinances, rules,
regulations or practices that are in conflict with the MOU and its provisions are
subordinate to this MOU and where conflicts exists this memorandum of
understanding shall prevail.
The City and TPOA 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 on 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.
Article 43. Amendments.
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This memorandum can be altered or amended only by written agreement
between the parties hereto.
ARTICLE 44. Notices.
Notices hereunder shall be in writing and, if to the Tustin Police Officers Unit,
shall be mailed to President, Tustin Police Officers' Association, Post Office Box
1516, Tustin, Ca 92781; and, it to City, shall be mailed to City Manager, City of
Tustin, 300 Centennial Way, Tustin, California 92780.
ARTICLE 45. Term of Aareemenl
All provisions set forth herein shall be effective on January 1, 2006 and shall
remain in effect through June 30, 2007.
In witness whereof, the parties hereto have executed this document this
day of January, 2006.
City of Tustin
Tustin Police Officers Association
William A. Huston, City Manager
Michael Shrode, President
Linda Jenson, Liebert Cassidy Whitmore
Mike Lamoureux
Ron Nault, Finance Director
Luis Garcia
Joe Garcia, Police Captain
Sean Whiteley
Fawn Nguyen, HR Analyst
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