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HomeMy WebLinkAboutCC RES 06-13 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 ofTustin; 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shall become effective on January 16, 2006 and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded.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 at a regular meeting of the Tustin City Council, held on the 16th day of January, 2006. Resolution No. 06-13 Page 1 of 23 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) )SS ) 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: COUNCILMEMBERAYES: DAVERT, AMANTE, BONE, KAWASHIMA COUNCILMEMBER NOES: NONR COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: HAGEN (4) (0) (0) ( 1) Resolution No. 06-13 Page 2 of 23 MEMORANDUM dF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE OFfiCERS' ASSOCIATION POLICE MANAGEMENt REPRESENTATION UNIT TERM: JANUARY 1, 2006 TO JUNE 30, 2007 S:\MOU-R..o\2006\1PMA\1PMA MOU 06 DRAFT.doc Reàl\~MrH~o. 06-13 Page 3 of 23 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........................................................................ 1 3 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 TO) 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 ResolufÎb'll'~õ~tM~\1PMA\1PMA MOU 06 DRAFT.doc Page 4 of 23 Pogo 2 0121 MEMORANDUM OF UNDERSTANDING POLICE MANAGEMEN1T REPRESENTATION UNIT CITY QF TUSTIN AND TUSTIN POLICE OAFICERS' ASSOCIATION WHEREAS, in accordance with the' provisions of the California Govemment Code Sections 3500 etseq. 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. WITNESSETH 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 5:IMOU-Reao\2006\1PMA\1PMA MOU 06 DRAFT.doc Re~PH/ M~2r!Jo. 06-13 Page 5 of 23 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 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 Salarv Ranae All bargaining unit employees may be considered eligible for increases in salary according to the following: Resolut~~Rß~~~\1PMA\1PMA MOU 06 DRAFT.doc Page 6 of 23 Pago40121 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 ~o move from salary step "A" to salary step "B" upon completion of six months of employment where the employee has demonstrated satisfact°fY performance. 3. Employees shall be eligible ~o 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 ulPon completion of one year at the salary step where the employee hI¥> 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 recor 1mendation to approve, delay, or deny the advancement. All advance~ents between salary steps are subject to approval by the Human Res(:¡urces Director. Salarv on Demotion. Transfer or Reas.icmment 1. All bargaining unit employe~s subject to an involuntary demotion shall have their new salary set ¡at the highest step for the classification demoted to closest to the $alary at the time of demotion minus five percent (5%). In the event: the involuntary demotion occurs during a promotional probationary pEjriod, and the employee returns to his/her prior classification, the emjlOyee shall have hislher salary set at the same step earned prior to he promotion. Demoted employees shall be eligible for their next me . t increase at their next salary review date, which existed prior to demotion. An employee who is demoted shall not be required to serve a new probationary period except: that if demoted to a class in which the employee has no previous; experience a probationary period of one year will be required. 2. 3. An employee who is trans~rred shall continue to receive the same salary rate and the salary reView date shall not change. Whenever a classification i$ reassigned to a higher salary range, the salary of each incumbent òn 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. 4. 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 ($46.15 per pay period) as a bi-lingual pay incentive. Individuals are S:IMOU-Roao\2006\1PMA\1PMA MOU 06 DRAFT.doc Re~ðf6ttdl'i~o. 06-13 Page 7 of 23 eligible to receive bi-lingual pay at the beginning of the first pay period after Human Resources receives the employee's test score demonstrating conversational proficiency. Should a:conflict arise regarding designation of an employee for compensation, proficiercy and/or need the Human Resources Director shall determine who is eligible. The City is responsible to develop and administer a testing vehicle to determine proficiency. ARTICLE 5. Educational/POST Incentive Pav. Unit employees are eligible to receive Educational/Post Incentive Pay at the beginning of the first pay period after Human Resources receives and certifies the employee has met all of the eligibility requirements. To apply for Educational/Post Incent"e Pay an employee must be actively at work, provide official documentation of the required degree (AA, BA, BS, or Masters) and provide a copy of th$ 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 BAiBS Masters BAiBS + Management POST Masters + Management POST $175.00/month ($80.76 per pay period) $325.00/month ($150 per pay period) $375.QO/month ($173.07 per pay period) $400.00/month ($184.61 per pay period) $425.00/month ($196.15 per pay period) Sergeant AA or Equivalent BAiBS Masters BAiBS + Supervisory POST + 4 years as a SGT $400.00/month ($184.61 per pay period) Masters + Supervisory POST + 4 years as a SGT $425.00/month ($196.15 per pay period) $175.00/month ($80.76 per pay period) $325.00/month ($150 per pay period) $375.CO/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 Resolut¡¡¡'ft ql6~_~:fI\1PMA\1PMA MOU 06 DRAFT.doc Page 8 of 23 PagoSol21 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 Clover 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' Retirem~nt 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 .worn 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 exceils 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, Section 20042 (One-year Final Compensation), and Section 21024 (Military Service Credit as Public Service). All employees shall pay 100% of the monthly cost for the 1959 Survivor Benefits, in addition to the $2.00 monthly cost for the Basic Level 1959 Survivor Benefit. 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 S:\MOu-Reao\2006\1PMA\1PMA MOU 06 DRAFT.doc Re~ð~t7o'¡\~0. 06-13 Page 9 of 23 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 10 "" General Leave Hours Per Year 160 208 248 2. The Police Chief may annually grant an additional eight (8) hours of general leave to each employee whose performance is satisfactory. 3. In April of any given year an employee may request that 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 employe¡¡s 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. 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 eJ)1ployee who has General Leave in excess of two and one-half (2 Yo) 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, 2006) 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. ResoluR6'11'~õ~~\1PMA\1PMA MOU 06 DRAFT.doc Page 10 of 23 Page 8 0121 C. Holidays The following holidays are observed by the City: January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Thanksgiving Day Day after Thanksgiving Day December 24 December 25 December 31 New Year's Day 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 tha~ 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 :Idvanced 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. This notification shall be in writing and is irrevocable. In the event that an employee separates from service and has used and/or been paid for holidays in excess of the pro-rata earned hours per month, the overage shall be deducted from his/her final check. In the event an employee is on leave, or is not otherwise eligible to receive a paid holiday, and has received advance holiday pay, the City shall S:\MOU-Roso\2006\TPMAITPMA MOU 06 DRAFT.doc ReàðMtfd¡mo.06-13 Page 11 of 23 reduce the employees' leave bank(s) the amount of hours of any unearned holiday previously paid on the payroll immediately following the holiday (or as soon as the overpayment is discovered). D. Bereavement Leave The City shall provide three (3) days off with pay for the purpose of bereavement leave in the event of a death in the employee's immediate family. "Immediate Family" shall be defined as including the spouse, mother, father, brother, sister, child, grandparent, and grandchild of the employee or the employee's spouse. An employee may use less than three (3) days. Bereavement Leave is intended to allow time for an employee to morn the loss of a loved one and/or to assist family members during a time of loss. In the event an extended absence or travel is necessary, the employee may request to use general leave to supplement bereavement leave. E. Jury Duty Leave All bargaining unit employees on jury duty will receive full City salary. The employee will turn over all amo~nts 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 contemplatEld by the Worker's Compensation laws of the State of Califomia 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 qf 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 employee 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: Resoluffb'M%'t.'iflr~ffi6\TPMA\TPMA MOU 06 ORAFT.doc Page 12 of 23 Pago10 0121 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 organizations; K. Payment of membership du.s 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 ul[liforms and/or equipment issued; O. Repayment of unearned adl/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 ($16.50 per pay periþd126 pay periods per year). Special motor officer gear and officer public safety I$ather gear required by the department will be provided. ARTICLE 13. Standbv Dutv. 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 S:\MOU.Roao\2006\1PMA\1PMA MOU 06 DRAFT,doc RelðRl\iHn~Ó. 06-13 Page 130f23 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 stanØby 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 IEift 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 ComDensatiøn. The City's contribution to a deferred Çompensation program or vehicle currently offered by the City shall be 2.5% elf the employee's base salary. It is the responsibility of employees to com~lete the necessary paperwork and take required steps to enroll in the progran!l. Should employees fail to enroll, the City is under no obligation to make retroactive contributions on behalf of said employee or employees. Employees, hired into the representation unit shall be provided with a notification of the deferred compensation program, including the amount of employer contributions, during employee orientation. ARTICLE 16. CourtPav Provisions. Police Sergeants shall be paid at a' time and one-half rate for time spent in required court appearances involving City business that occur during the Sergeant's off-duty hours. A minimum of two (2) hours of such compensation will be paid for court appearances scheduled in the morning (a.m. hours) and/or two (2) hours for court appearances scheduled in the afternoon (p.m. hours). 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 sl:lift. 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. Resoluti¡¡j\M\¡H-.~\j/S06\1PMA\1PMA MOU 06 ORAFT.doc Page 14 of 23 Pogo 12 of 21 No employee shall be intimidated, coerced or discriminated against for exercising his/her entitlement to rest periods al1d/or lunch breaks as provided for in this Article. ARTICLE 18. Overtime ComDensatipn. The City shall pay Police Sergeants ~e 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 no! regularly scheduled to work; or (3) hours worked in excess of the prescribed hq¡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 emplcwees 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 ar\d holiday hours paid shall be counted as hours worked in these calculations. In lieu of receiving cash payment fo~ 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 n~eds 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 hislher straight time hourly base rate. ARTICLE 19. Employee Life In8ur.~c.. 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 perc&nt (100%) of the employee's base annual salary to the nearest multiple of $1 ,00ø.OO. The City shall also make available, at the employee's option, a supplement$llife 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 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. S:\MOU-Roso\2006\TPMAITPMA MOU 06 ORAFT.doc Ref~ftM;h"ijó. 06-13 Page 150f23 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 el"[1ployee must provide evident¡: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(m 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 o~t of their contribution and $16 of the contribution constitutes the Qity payment towards employee medical insurance. Employees may ;: lIocate the remaining amount among the following programs: 1. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Prþgram. Dependent Dentallnsur;;ince Additional Life Insurance Vision Insurance Deferred Compensation ARTICLE 125 DepenCilent or Medical Care Reimbursement Programs Eligible Catastrophic Ca~ Programs Cash 2. 3. 4. 5. 6. 7. 8. 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. Section 125 Program The Section 125 Program will be continued in full force and effect for the duration of this Resolution unl~ss 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 Resolut~¿\W~PÕRrt':<i~\1PMA\TPMA MOU 06 DRAFT doc Page 160f23 PBgO140121 being discharged for cause. Employ !es 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 Reiectlon. 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 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 (presentfy 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 lL TDI Plan. A. B. The Long-Term Disability Insurance Plan specifically for sworn police personnel in effect as of January 1, 2000 shall continue in full force and effect during the term of this agreement unless changed by the mutual agreement of the City and Association. In addition to provisions of the Long-Term Disability Insurance Plan, the City agrees to pay the same salary benefit paid by the Plan for disability leave which occurs after the employee has used eighty (80) consecutive hours of general leave during the 30 day period beginning with the 1st day of the leave. S:\MQU-Roao\2006\TPMA\1PMA MOU 06 DRAFT.doc ReGðll1tl6r1'~ò. 06-13 Page 17 of 23 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 earned 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 Resolutfó'f:1RJ6RMf~?r\1PMA\1PMA MOU 06 DRAFT.doc Page 180f23 Pago160121 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 additional10-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. S:\MOU-Roao\2006\1PMA\1PMA MOU 06 DRAFT.doc Re~ðMtlórY1~b. 06-13 Page 19 of 23 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. 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 36. No Chance 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. Emplovee Riahts. As the recognized representative of the employees covered by this Agreement the City acknowledges and recognizes the following employee rights: Resolunb'f'l~õ~~\1PMA\TPMA MOU 06 DRAFT,doc Page 20 of 23 Pago180121 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 procell 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. S:\MOU-Reaol20C6\1PMA\1PMA MOU 06 DRAFT.doc Rls'IHM~R'j(Jo. 06-13 Page 21 of 23 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 ofTustin, 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. Resolutfò'll'~õ~tM~\1PMA\1PMA MOU 06 DRAFT.doc Page 22 of 23 Pago200121 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 S:\M~oao\2006\TPMA\TPMA MOU 08 ORAFT.doc Reàl\l\'It?M1~ò. 06-13 Page 23 of 23