HomeMy WebLinkAbout10 TPMA MOU 01-16-06AGENDA REPORT
MEETING DATE: JANUARY 16, 2006
TO: WilLIAM A. HUSTON, CITY MANAGER
FROM: HUMAN RESOURCES DEPARTMENT
SUBJECT: TUSTIN POLICE OFFICERS ASSOCIATION--MANAGERS REPRESENTATION
UNIT, 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 Officers Association Managers Representation Unit (TPMA).
RECOMMENDATION:
Adopt Resolution No. 06-13 amending the City's Classification and Compensation plans
and approving a Memorandum of Understanding for the Tustin Police Officers
Association-Managers Representation Unit encompassing the time period from
January 1,2006 through June 30,2007.
FISCAL IMPACT: Approximately $285,000 over the term of the agreement.
BACKGROUND AND DISCUSSION:
The Tustin Police Officers Association--Management Representation Unit consists of
approximately 20 employees classified as Police Lieutenants and Sergeants. The last
contract with the TPMA expired on December 31, 2004 and Resolution No. 05-70 was
unilaterally implemented on May 16, 2005 following the inability of the City and TPMA to
reach an agreement.
The City formally began discussions with TPMA for a Memorandum of Understanding
(MOU) in November, 2005 pursuant to parameters established by the City Council. A
total of 4 meetings were held before the bargaining teams reached agreement prior to
January 1, 2006
Tustin Police Officers Association Managers Representation Unit
Memorandum of Understanding
January 16, 2006
Page 2
The most significant terms of this agreement are as follows:
. Term: 18 months, January 1, 2006-June 30,2007.
. Salary adjustments: 5% effective December 26, 2005 for all classifications, 1 %
effective July 1, 2006 for all classifications, an additional 2% for Lieutenants
effective with the implementation of the area command program (approximately
July 1, 2006), and a C.P.I. adjustment not to exceed 3% effective January 1,
2007 for all classifications.
. Increase equal to 1 % to "cafeteria" dollars capped at $925 per month.
. Increases to educational incentive pay of $25 per month for selected degrees
and the establishment of educational incentives for Masters degrees and Masters
degrees plus supervisory POST.
. Agreement that Lieutenants working under area command program shall work a
4 day/10 hour weekly schedule.
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 TPMA's
membership.
Susan Cannan
Interim Director of Human Resources
Attachments:
1. Resolution 06-13
2. TPMA Memorandum of Understanding
RESOLUTION NO. 06-13
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-MANAGERS REPRESENTATION UNIT,
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-Managers Representation Unit, hereinafter referred to
as "TPMA", have met and conferred in good faith in accordance with the
requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPMA 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, dated 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 16,
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 16th day of January, 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. 06-13 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 16th 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 OFFICERS' ASSOCIATION
POLICE MANAGEMENT REPRESENTATION UNIT
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.
TABLE OF CONTENTS
Recognition .............................................................................................2
Salary ...............................,......................................................................2
Bi-lingual Pay ..........................................................................................5
Educational/POST Incentive Pay ............................................................6
Attendance ..............................................................................................6
Retirement Plan....................................................................................... 7
Social Security.........................................................................................7
Paid Leave ..............................................................................................8
Shift Differential.....................................................................................10
Payroll Deductions ...........,....................................................................10
No Strike/Job Action ..............................................................................11
Uniform Allowance ...........,....................................................................11
Standby Duty....................,....................................................................11
Call-Back Duty..................,....................................................................12
Deferred Compensation ...,....................................................................12
Court Pay Provisions.............................................................................12
Rest Periods and Lunch Breaks............................................................ 12
Overtime Compensation...,....................................................................13
Employee Life Insurance..,....................................................................13
Flexible Benefits Plan ............................................................................13
Probationary Period..........,....................................................................14
Probationary Rejection ..........................................................................15
Layoff Procedure...................................................................................15
Consolidated Omnibus Budget Reconciliation Act of 1985...................15
Retiree's Health Insurance ....................................................................15
Long-Term Disability (L TD) Plan ...........................................................15
Tuition Reimbursement .........................................................................16
Performance Evaluations .,....................................................................16
Work Schedules ...............,....................................................................17
Management Rights Clause ..................................................................17
Administrative Regulations....................................................................18
Application of Agreement ......................................................................18
Gender ..................................................................................................18
Severability............................................................................................18
No Change of Benefits .......................................................................... 18
Employee Rights ...................................................................................18
Binding on Successors..........................................................................20
Entire Agreement ..................................................................................20
Amendments .........................................................................................20
Notices ..................................................................................................20
Term of Agreement ...............................................................................20
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MEMORANDUM OF UNDERSTANDING
POLICE MANAGEMENT REPRESENTATION UNIT
CITY QF TUSTIN
AND
TUSTIN POLICE OFIFICERS' ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government
Code Sections 3500 et.seq. and Section 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
Management 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 police management employees as set forth
herein.
WIiTNESSETH
ARTICLE 1. Recoanition.
The City has previously recognized the Tustin Police Officers' Association -
Management Unit as the majority representative of employees in the Police
Management Representation Unit for purposes of representation on issues of
wages, hours and other terms and conditions of employment. As majority
representative, the Association is empowered to act on behalf of all employees
who hold positions in classes in the Police Management Representation Unit
whether or not they are individually members of the Tustin Police Officers'
Association. The classifications constituting the Police Management
Representation Unit are Police Lieutenant and Police Sergeant.
ARTICLE 2. Salary.
The salaries of all bargaining unit employees in the classification of Police
Sergeant and Police Lieutenant shall be increased by 5% effective December
26, 2005 as follows (salaries are indicated on a monthly basis):
Police Sergeant - Range 811
A
$6649
B
$6990
C
$7347
D
$7724
E
$8119
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Police Lieutenant- Range 874
A
$7782
B
$8180
C
$8599
D
$9039
E
$9502
Effective June 26, 2006, the classification of Police Sergeant and Police
Lieutenant shall be increased 1% as follows:
Police Sergeant - Range 815
A B C 0 E
$6716 $7060 $7421 $7801 $8201
Police Lieutenant- Range 878
A B C 0 E
$7860 $8262 $8685 $9130 $9598
Effective January 1, 2007, the classification of Police Sergeant and Police
Lieutenant 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%.
When the Police Department modifies the schedule of Lieutenants to a 4/10
schedule, Lieutenants shall receive a 2% increase in salary. If the Lieutenants
return to a 3/12.5 schedule, the 2% will be removed.
The preparation of the City's compensation plan as described in Section 4 of the
Personnel Rules and Regulations shall be subject to the meet and confer
process with the Tustin Police Officers Association - Management Unit.
Pavrollissuance
All Bargaining unit employees shall receive their regular salary paid Bi-weekly.
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 exoeeding 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 Ranoe
All bargaining unit employees may be considered eligible for increases in salary
according to the following:
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1.
Unless a salary range has only a single salary step, the letters A, B, C,
0 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 ufl>on completion of one year at the salary
step where the employee ha~ demonstrated satisfactory performance.
4.
For all employees eligible to advance between salary steps the
Department Head shall sub~it to the Human Resources Department a
written evaluation and recortlmendation to approve, delay, or deny the
advancement. All advancerjnents between salary steps are subject to
approval by the Human Respurces Director.
Salary on Demotion, Transfer or Reas~iQnment
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 $alary at the time of demotion minus five
percent (5%). In the event: the involuntary demotion occurs during a
promotional probationary pEjriod, and the employee returns to his/her
prior classification, the em~loyee shall have his/her salary set at the
same step earned prior to ~he promotion. Demoted employees shall
be eligible for their next merlit 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 I 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 trans1þrred shall continue to receive the same
salary rate and the salary reView date shall not change.
4.
Whenever a classification if! reassigned to a higher salary range, the
salary of each incumbent (þn 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 4. Bi-linaual Pay.
Unit employees who successfully pass the City's examination for conversational
skill, in a language other than English (which the Human Resources Director has
approved as being needed for City Business), are eligible to receive $100 per
month ($46.15 per pay period) as a bi-lingual pay incentive. Individuals are
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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, proficieflcy 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 5. Educational/POST Incentive Pay.
Unit employees are eligible to receive Educational/Post Incentive Pay at the
beginning of the first pay period after Human Resources receives and certifies
the employee has met all of the eligibility requirements.
To apply for Educational/Post Incentive Pay an employee must be actively at
work, provide official documentation of the required degree (AA, BA, BS, or
Masters) and provide a copy of the applicable POST certificate (Advanced
POST, Supervisory POST or Management POST) and have completed any
applicable service requirements. Human Resources will develop a checklist form.
Educational/POST Incentive Pay requirements are as follows:
Lieutenant
AA or Equivalent
BA/BS
Masters
BA/BS + Management POST
Masters + Management POST
$175.00/month ($80.76 per pay period)
$325.QO/month ($150 per pay period)
$375.QO/month ($173.07 per pay period)
$400.QO/month ($184.61 per pay period)
$425.00/month ($196.15 per pay period)
Seraeant
AA or Equivalent
BA/BS
Masters
BA/BS + Supervisory POST +
4 years as a SGT $400.QO/month ($184.61 per pay period)
Masters + Supervisory POST +
4 years as a SGT $425.QO/month ($196.15 per pay period)
$175.QO/month ($80.76 per pay period)
$325.00/month ($150 per pay period)
$375.00/month ($173.07 per pay period)
If a Sergeant promotes to a Lieutenant, the Sergeant will not lose Educational Incentive
pay.
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
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the duration of any absence without leave. Upon return to work, such absence
shall be justified to the Department Head who shall consider the need for
disciplinary action or to approve the absence as unavoidable and allow the
employee to make up the lost time or cover it with general leave.
Failure of an employee absent without leave and without reasonable cause to
report to work for three (3) consecutive scheduled work days may be cause for
immediate discharge.
Continuous service for advancement within salary range shall be considered as
interrupted if the employee experiences a leave of absence without pay in excess
of thirty (30) calendar days. No absence with pay shall be considered an
interruption of an employee's continuous service and shall not be deducted in
computing total city service time.
ARTICLE 7. Retirement Plan.
All employees covered under this Agreement shall be members of the State of
California Public Employees' Retirement System (PERS) and are subject to all
applicable provisions of the City's contract with PERS, as amended.
The City shall pay, on behalf of the sworn employee (excludes Police Recruit),
nine percent (9%) of the employee's reportable compensation to PERS in
accordance with the City's contract with PERS.
Effective July 1, 2004 the employer rate for PERS will be 32.802%. In the future
should the PERS employer rate exceed 32.802%, the employee and the City will
cost share on a 65% City / 35% employee basis any increase above 32.802%
(i.e., if the rate is 34.802%, the excess is 2% - the City will be responsible for
1.3% and the employee will be responsible for .7%) Any contribution required of
the employee will reduce the City's 9% contribution, which is currently being
made on behalf of the employee, and such contribution will be paid though
payroll deduction from the employee's earnings. The employee cost sharing
contribution shall not exceed 3.15%. The City will notify employees of any
required contribution to PERS when it reviews it annual notice of rates from
PERS.
The PERS plan in effect for Safety Members is the 3%@ 50 formula for Local
Safety Members. The plan has been amended to include Section 21574 (Fourth
Level of 1959 Survivor Benefits, Secliion 20042 (One-year Final Compensation),
and Section 21024 (Military Service Ctedit as Public Service).
All employees shall pay 100% of the monthly cost for the 1959 Survivor Benefits,
in adqition 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
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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" "
Over 1 0 ""
General Leave Hours Per Year
160
208
248
2. The Police Chief may annually grant an additional eight (8) hours of
general leave to each employee whose performance is satisfactory.
3. In April of any given year an employee may request that he/she be paid
for a maximum of forty (40) hours of general leave, eighty (80) hours if
the employee has six (6) or more years of City service. The employee
shall receive payment for the requested hours in the following month of
May.
4. Each calendar year employeßs may accumulate General Leave to a
maximum of two and one-half (2 Y2) times the employee's annual
entitlement. Upon separation from the City service the employee will be
paid for unused Leave, not to exceed the maximum of two and one-half
(2 1/2) years entitlement, at the employee's then current base salary rate.
5. Pay in lieu of general leave will be granted upon termination of City
employment or upon a finding of hardship by the City Manager.
6. Effective May 16, 2005, any employee who has General Leave in excess
of two and one-half (2 Y2) times his/her annual entitlement shall be paid
for any such excess hours (as ,indicated on the leave report for the period
ending closest to May 15, 2005) at his/her current base salary rate. This
shall be a one-time payment made with the first pay period in June 2005.
7. The taking of general leave for reason other than non-job related illness
or injury must be approved by the Department Head and due regard shall
be given to the employee's preference in scheduling such paid leave
time.
B.
Administrative Leave
Lieutenant's shall receive an annual credit of forty (40) hours of
administrative leave which may be used only as paid time off during the
year in which it is credited. Subject to guidelines established by the City
Manager, the Police Chief may grant up to an additional forty (40) hours.
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C.
Holidays
The following holidays are obse¡rved 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 Gut 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 ßdvanced holiday payment in January. In
the event the employee does not have the required hours in his/her
General Leave bank, pursuant to the City's leave report for pay period 25
of each year, the advance holiday payment shall be made in two
installments, one in January (January - September holidays) and one in
October (October - December holidays) of each year.
The request may only be for all cash, or all General Leave. This
notification shall be in writing and is irrevocable. In the event that an
employee separates from seryice and has used and/or been paid for
holidays in excess of the pro-rata earned hours per month, the overage
shall be deducted from his/her final check.
In the event an employee is on leave, or is not otherwise eligible to receive
a paid holiday, and has received advance holiday pay, the City shall
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reduce the employees' leave bank(s) the amount of hours of any
unearned holiday previously paid on the payroll immediately following the
holiday (or as soon as the overpayment is discovered).
D.
Bereavement Leave
The City shall provide three (3) days off with pay for the purpose of
bereavement leave in the event of a death in the employee's immediate
family. "Immediate Family" shall be defined as including the spouse,
mother, father, brother, sister, child, grandparent, and grandchild of the
employee or the employee's spouse. An employee may use less than
three (3) days.
Bereavement Leave is intendeq to allow time for an employee to morn the
loss of a loved one and/or to a$sist family members during a time of loss.
In the event an extended absønce or travel is necessary, the employee
may request to use general leave to supplement bereavement leave.
E.
Jury Duty Leave
All bargaining unit employees on jury duty will receive full City salary. The
employee will turn over all amounts payable to the employee by the courts
for jury duty except for mileage and subsistence reimbursements, to the
City.
F.
Industrial Disability Leave
All bargaining unit employees who are unable to perform the essential
functions of their classification, and assignment by reason of job-related
injury or illness as contemplat~d 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
Section 4850.
2.
All other benefits as prescribed under the Worker's
Compensation laws of the State of California.
ARTICLE 10. Shift Differential.
Unit employees whose regular shift is the graveyard shift (shift begins at 6:00
p.m. and ends at 6:00 a.m. the following day) shall receive $100.00 per month
($46.15 per pay period) for each month worked on said shift. This differential is
designed to compensate the emploYi3e for the inconvenience of working this
particular shift.
ARTICLE 11. Payroll Deductions.
Deductions of authorized amounts may be made from employee's pay for the
following purposes:
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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. Pa yment 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 W~y, Community Health Charities or other
designated charity organiza~ions;
K. Payment of membership dUE¡¡S and any authorized fees to TPOA
L. Payment of authorized TPO,f>. deductions;
M. Purchase of United States ~avings Bonds;
N. Payment for non-return of ur¡¡iforms and/or equipment issued;
O. Repayment of unearned ad\(anced 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 int~rference with City operations, including
compliance with the request of othe~ 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
they are engaging in unauthorized conduct and resume full and faithful
performance of their job duties.
ARTICLE 12. Uniform Allowance.
Employees will be paid a uniform allowance of $429.00 per year. The allowance
is paid bi-weekly ($16.50 per pay peribd/26 pay periods per year). Special motor
officer gear and officer public safety leather gear required by the department will
be provided.
ARTICLE 13. Standbv Duty.
Police Sergeants shall be compensated for standby duty for other than court
appearances at the rate of two (2) hours straight time for each eight (8) hours
required, including holidays. Standby duty for scheduled court appearances on
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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 stanç:tby 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 th~ standby status is canceled the employee
will still receive the full amount of standby pay appropriate for the time frame
involved.
ARTICLE 14. Call-Back Duty.
In addition to standby compensation, if any, Police Sergeants shall receive a
minimum of two (2) hours overtime p~id at a time and one-half rate for any call
which required them to return to duty that does not involve a court appearance.
ARTICLE 15. Deferred Compensatiøn.
The City's contribution to a deferred cþompensation program or vehicle currently
offered by the City shall be 2.5% of the employee's base salary. It is the
responsibility of employees to complete the necessary paperwork and take
required steps to enroll in the progranjl. Should employees fail to enroll, the City
is under no obligation to make rejroactive contributions on behalf of said
employee or employees. Employees, hired into the representation unit shall be
provided with a notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
ARTICLE 16. Court Pay Provisions.
Police Sergeants shall be paid at a time and one-half rate for time spent in
required court appearances involvil1lg City business that occur during the
Sergeant's off-duty hours. A minimum of two (2) hours of such compensation will
be paid for court appearances scheduled in the morning (a.m. hours) and/or two
(2) hours for court appearances scheduled in the afternoon (p.m. hours).
ARTICLE 17. Rest Periods and Lunch Breaks.
All bargaining unit employees shall be entitled to a fifteen (15) minute rest period
for each four (4) hours of their work shift. The scheduling of the rest breaks shall
be the responsibility of the employee's supervisor.
Any employee required to monitor a radio or telephone during the lunch break
shall be considered on paid status during the lunch break and shall be paid for
said time.
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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 18. Overtime Compensatipn.
The City shall pay Police Sergeants tilme 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 h~urs 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 emplqyees 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.
In lieu of receiving cash payment for overtime, the employee may elect to be
credited with compensatory time at the rate of time and a half, subject to a
maximum accrual of eighty (80) hours.
The time during which an employe~ 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 nßeds of the service. Should this provision
be found invalid by an arbitrator,. court of competent jurisdiction or the
Department of Labor, the accrual of compensatory time shall cease and all
accrued compensatory time shall be paid at the employee's current straight time
rate.
Upon separation from City service, an employee shall be compensated for all
accrued compensatory time of eighty' (80) hours or less at his/her straight time
hourly base rate.
ARTICLE 19. Employee Life Insura~ce.
The City will provide life insurance on the life of each regular, permanent full-
time, employee and pay the premi~ms thereof. The death benefit of said
insurance shall be one hundred percli¡nt (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 supplement¡1 life insurance policy, the death benefit of
which shall be $18,000.00. The prelinium of said supplemental policy shall be
paid by the employee.
ARTICLE 20. Flexible Benefits Plan.
The Flexible Benefits Plan will be as follows:
A.
The Flexible Benefits Contribution per month per eligible employee shall
be $925.
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B.
C.
D.
The City and TPOA-Management will re-open negotiations on this Article
in December 2006.
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 evidenc¡:e, satisfactory to the City, that he/she has
medical and dental insurance coverage comparable to coverage available
through the City program.
The Flexible Benefits contributi~n consists of mandatory and discretionary
allocations which may be appliØd to City sponsored programs. Employees
are required to take emplo~ee only medical and dental insurance
(employees may opt out pursuant to evidence of satisfactory coverage)
with premiums to be paid o~t of their contribution and $16 of the
contribution constitutes the qity payment towards employee medical
insurance. Employees may aillocate the remaining amount among the
following programs:
1.
Medical insurance offer3d under the Public Employees' Medical
and Hospital Care Act P~ogram.
Dependent Dental Insurance
Additional Life Insurance
Vision Insurance
Deferred Compensation
ARTICLE 125 Depenc¡Jent or Medical Care Reimbursement
Programs
Eligible Catastrophic Ca~e Programs
Cash
2.
3.
4.
5.
6.
7.
8.
Discretionary allocations are to be made in accordance with program/City
requirements including restrictipns as to the time when changes may be
made in allocations to the respective programs.
Section 125 Program
The Section 125 Program will be continued in full force and effect for the
duration of this Resolution unless changed by mutual agreement of the
City and Association. The City retains the right to change administrators
for cause.
ARTICLE 21. Probationary Period.
Each bargaining unit employee shall .be subject to an original and promotional
probationary period of one year. The Police Chief may recommend to the
Human Resources Director to extend for a period not to exceed ninety (90) days
the probationary period of any unit employee.
A unit employee rejected during a promotional probationary period shall be
reinstated to the position and status from which promoted unless the employee is
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being discharged for cause. Employ3es 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 22. Probationary Reiection.
A probationary employee, rejected for failure to meet standards or pass
probation, shall not be eligible for any internal grievance or appeal procedure
pursuant to Swift vs. Countv of Placer.
ARTICLE 23. Layoff Procedure.
The provisions of Section 10 of the Personnel Rules and Regulations currently in
effect are hereby incorporated into this Resolution by reference and shall be an
attachment hereto.
ARTICLE 24. Consolidated Omnibus Budaet Reconciliation Act of 1985.
Employees who are allowed to remain on a City health, dental or other insurance
plan following separation from employment pursuant to the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA), may be charged the maximum rate
permissible by law for such coverage (presently 102% of the premium for an active
employee).
ARTICLE 25. Retiree's Health Insurance.
The City will contribute a maximum of $150.00 per month towards the payment of
medical insurance premiums for employees who retire from the City of Tustin
after October 1, 1993; $200.00 for employees who retire after January 1, 1994;
$250.00 for employees who retire after January 1, 2000 and $350.00 per month
for employees who retire after May 16, 2005. Such reimbursement amount
includes any current and/or future required City contribution to PERS.
ARTICLE 26. Lona-Term Disability (L TD) Plan.
A.
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.
In addition to provisions of the Long-Term Disability Insurance Plan, the
City agrees to pay the same salary benefit paid by the Plan for disability
leave which occurs after the employee has used eighty (80) consecutive
hours of general leave during the 30 day period beginning with the 1st day
of the leave.
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C.
Flexible benefits will be continued for ninety days of a disability leave and
such time will be counted towards satisfying Federal FMLA and State of
California FRA requirements.
D.
It is understood that proof of coverage is to be submitted to the City upon
request and eligibility for City benefits provided in Band C of this Article is
conditioned upon the City's receipt of proof of disability.
E.
The City will contribute $20.50 per month per unit employee to the TPOA
L TO Fund.
ARTICLE 27. Tuition Reimbursement.
Employees shall be encouraged to further their academic education and training
in those areas of benefit to the employee and to the City. Full-time employees
will be eligible for reimbursement by the City of tuition for professional technical
courses subject to the following conditions and related Council Policy statements:
A.
Department Head and Human Resource Director approval must be
obtained before enrollment in the course.
B.
Reimbursement shall be made of tuition fees, textbooks, lab fees, or
required supplies, upon completion of the course with a satisfactory grade
and after the completion of the initial probationary period.
C.
Tuition reimbursement shall not be made if the employee is drawing
veteran's education benefits or any other reimbursement for the same
course.
D.
Reimbursement for up to $1,000.00 each calendar year if the employee is
attending a community college or $2,000.00 each calendar year if the
employee is attending a four year college or university will be paid upon
receipt by the Human Resources Department of proof of successful
completion of the course(s) and proof that payment of fees has been
made. If an employee attends both a community college and four year
college or university in a calendar year the maximum reimbursement shall
be $1,500.00.
E.
The City shall set up procedures that allow for expedient reimbursement
for classes taken and fees paid. Employees may request reimbursement
in the calendar year that the class is taken and completed. Failure to
request reimbursement in a timely manner and/or classes taken in excess
of the allowable reimbursement level cannot be carried over to a future
year reimbursement period.
ARTICLE 28. Performance Evaluations.
An employee may not appeal or grieve a performance evaluation unless said
evaluation results in the denial of a merit increase. Nothing herein shall serve to
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restrict an employee from having a written rebuttal attached to a performance
evaluation with which the employee disagrees.
ARTICLE 29. Work Schedules.
A.
Department work schedules include the 4/10 work schedule; (in a 7-day
work cycle the employee works four 10-hour days where the scheduled
work shift commences and ends at the same time each day, with three
consecutive days off) and the 3/12.5 work schedule, (in a 28-day work
cycle the employee works three 12.5 hour days where the scheduled work
shift commences and ends at the same time each day, with 4 consecutive
days off, in each seven (7) calendar day period, except that the employee
must work one additional 1 O-hour shift during the work cycle).
Continuation of the schedule is subject to the needs of the Department
and change from the 3/12.5 to the 4/10 for the Lieutenants may be at the
discretion of the Chief of Police. If the Department desires to 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 30. Manaaement Riahts 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
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.
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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 31. Administrative Reaulations.
The City Manager may issue written administrative personnel regulations
designed to augment or clarify the provisions of this Agreement.
ARTICLE 32. 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 Tustin Police
Management Representation Unit, and that this Agreement covers only said
employees.
ARTICLE 33. 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 34. Severabilitv.
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 36. No Chanae 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.
ARTICLE 35. Employee Riahts.
As the recognized representative of the employees covered by this Agreement
the City acknowledges and recognizes the following employee rights:
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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.
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.
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ARTICLE 36. 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, sale, transfer or
assignment of either party hereto.
ARTICLE 37. 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 TPMA 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 TPMA 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 40. Amendments.
This memorandum can be altered or amended only by written agreement
between the parties hereto.
ARTICLE 38. Notices.
Notices hereunder shall be in writing and, if to the Tustin Police Management
Unit, shall be mailed to President, Tustin Police Officers' Association, Post Office
Box 1516, Tustin, Ca 92781; and, if to City, shall be mailed to City Manager, City
of Tustin, 300 Centennial Way, Tustin, California 92780.
ARTICLE 39. Term of Aareement.
All provisions set forth herein shall be effective as of the date of approval of this
Agreement by the Tustin City Council and shall remain effective through June 30,
2007.
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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
Mike Shrode, President
Linda Jenson, Liebert Cassidy Whitmore Jim Peery
Ron Nault, Finance Director
Mark Hein
Mike Shanahan, Captain
Joe Stickles
Fawn Nguyen, HR Analyst
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