HomeMy WebLinkAboutCC RES 21-60 DocuSign Envelope ID: B732E4F4-2DA3-44D0-A2D6-174BE2829F55
RESOLUTION NO. 21-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION
PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN
POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES,
HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 15-50, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 15-50 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council;
and
WHEREAS, the City and the Tustin Police Support Services Association
(TPSSA) have met and conferred in good faith in accordance with the requirements of
the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPSSA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1 , 2021 through June 30, 2024, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
I. The Memorandum of Understanding between the City and TPSSA, effective July
1 , 2021 , is hereby approved and incorporated herein by reference as though fully
set forth herein and staff is authorized to amend the City's Classification and
Compensation Plans accordingly.
11. This Resolution shall become effective on July 1 , 2021 , and all Resolutions and
parts of Resolutions in conflict herewith are hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 3rd day of August 2021 .
Resolution 21-60
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DocuSigned by:
44 I
LETITIA ...
Mayor
ATTEST:
5 DocuSigned by:, qxw,
ERICA N. A,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, 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. 21-60 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 3rd day of
August 2021, by the following vote:
COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
5 DocuSigned by:, qxw,
ERICA016 A,
City Clerk
Resolution 21-60
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MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
TERM:
July 1, 2021—June 30, 2024
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TABLE OF CONTENTS
CHAPTER 1—GENERAL PROVISIONS.............................................................................................................3
Article1. Recognition................................................................................................................................3
Article 2. Represented Classes..................................................................................................................3
Article3. Entire Agreement ......................................................................................................................4
Article4. Reopener...................................................................................................................................4
Article5. Severability................................................................................................................................4
Article 6. Binding on Successors ...............................................................................................................4
Article7. Notices.......................................................................................................................................4
Article8. Payroll Deductions.....................................................................................................................5
CHAPTER 2—COMPENSATION......................................................................................................................5
Article9. Salary.........................................................................................................................................5
Article 10. Overtime Compensation .........................................................................................................6
Article11. Uniforms..................................................................................................................................6
Article 12. Bilingual Compensation...........................................................................................................6
Article 13. Educational Incentive Pay........................................................................................................7
Article14. Standby Duty...........................................................................................................................7
Article15. Call Back Duty..........................................................................................................................8
Article 16. Special Assignments ................................................................................................................8
Article 17. Shift Differential Pay................................................................................................................9
Article18. Acting Pay................................................................................................................................9
Article19. Training Pay.............................................................................................................................9
CHAPTER 3— BENEFITS ...............................................................................................................................10
Article 20. Flexible Benefits Plan.............................................................................................................10
Article21. Retirement.............................................................................................................................11
Article 22. Employee Life Insurance........................................................................................................12
Article 23. Short-Term/ Long-Term Disability Insurance.......................................................................13
Article 24. Tuition Reimbursement.........................................................................................................14
Article 25. Cell Phone Stipend.................................................................................................................15
Article 26. Retiree Medical Insurance.....................................................................................................15
Article 27. Retiree Health Savings Plan...................................................................................................15
CHAPTER 4—LEAVES OF ABSENCE..............................................................................................................15
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Article28. General Leave........................................................................................................................15
Article 29. Compensatory Time Off........................................................................................................16
Article30. Holidays.................................................................................................................................17
Article 31. Bereavement Leave...............................................................................................................18
Article32. Jury Duty Leave......................................................................................................................18
CHAPTER 5—WORKING CONDITIONS.........................................................................................................19
Article33. Work Schedules.....................................................................................................................19
Article34. Shift Trading...........................................................................................................................20
Article35. Attendance............................................................................................................................20
Article36. Rest Periods...........................................................................................................................21
Article37. Paid Lunch Break ...................................................................................................................21
CHAPTER 6— EMPLOYER/ EMPLOYEE RELATIONS.....................................................................................21
Article38. Employee Rights....................................................................................................................21
Article 39. Appeals and Hearings............................................................................................................22
Article 40. Grievance Procedure.............................................................................................................25
Article 41. Performance Evaluations.......................................................................................................27
Article 42. Membership Meetings..........................................................................................................28
Article 43. No Strike/Job Action............................................................................................................28
Article 44. Management Rights ..............................................................................................................28
Article45. Layoffs....................................................................................................................................29
APPENDIX A— HOURLY SALARY RANGES....................................................................................................31
APPENDIX B—POLICE SERVICES OFFICER CAREER OFFICER PROGRAM.....................................................34
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MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 etseq.and
Section 17 (Employer-Employee Organization Relations) of the Personnel Rules of the City of Tustin,
hereinafter "City," the City's representatives have met and conferred in good faith with representatives
of the Tustin Police Support Services Association (TPSSA), hereinafter "Association" or TPSSA, pertaining
to the subject of employee wages, benefits and conditions of employment; and
WHEREAS,the meetings between the Association and City representatives have resulted in an agreement
and understanding to recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives recommend to the City Council
that it adopt by resolution or resolutions said changes to the wages, hours,and conditions of employment.
WITNESSETH
NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement
the provisions of this Memorandum of Understanding (MOU) and modify the City's Classification and
Compensation Plans to reflect the changes approved in this MOU, and that the wages, hours and
conditions of employment be adopted and set forth as follows:
CHAPTER 1—GENERAL PROVISIONS
Article 1. Recognition
TPSSA is the exclusive representative of City employees in the representation unit, titled Police Civilian,
comprised of all full-time civilian, non-administrative, and non-management employees of the Police
Department of the City of Tustin for the purpose of representation on issues of wages, hours, and other
terms and conditions of employment and as such exclusive representative,the Association is empowered
to act on behalf of all employees in the unit, whether or not they are individually members of the
Association.
Article 2. Represented Classes
A. The classifications that comprise the Police Civilian Representation Unit are as follows:
Crime Analyst
Management Assistant—TPSSA
Management Analyst I—TPSSA
Police Communications Lead (3/12.5)
Police Communications Officer I/II (3/12.5)
Police Fleet Coordinator
Police Records Lead (4/10)
Police Records Lead (3/12.5)
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Police Records Specialist (4/10)
Police Records Specialist (3/12.5)
Police Services Officer 1/11/III (4/10)
Police Services Officer 1/11/111 (3/12.5)
Property and Evidence Specialist
Article 3. Entire Agreement
This MOU supersedes all prior agreements unless expressly stated to the contrary herein and constitutes
the complete and entire agreement between the parties and concludes the meet and confer process for
its term unless otherwise expressly provided for herein.
The City and TPSSA agree that any City resolutions, ordinances, rules, regulations or practices that are in
conflict with the MOU and its provisions are subordinate to this MOU and,where conflicts exist,this MOU
shall prevail.
Article 4. Reopener
A. Prior to January 1, 2023 either side may request to meet and confer for the purpose of effecting
changes to this MOU to go into effect on July 1, 2023 or later.
B. The parties recognize that certain state and federal laws, programs, and regulations, including the
Affordable Care Act, may impact future medical plan offerings. In the event reform measures alter
healthcare coverage options, cost, or other elements of healthcare services that materially alter the
provisions of this MOU,either party may request to re-open the article of the MOU regarding medical
insurance for the purpose of discussing alternative approaches and proposals to providing healthcare
coverage and the City will not unilaterally implement any changes with regard to this article. In
addition, should state or federal laws concerning taxation of healthcare benefits change, the parties
agree to meet and discuss the impact of such change.
Article 5. Severability
If any part of this MOU 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 MOU
shall not render invalid the remaining parts hereof.
Article 6. Binding on Successors
This MOU shall be binding on the successors and assigns of the parties hereto and no provisions,terms or
obligations herein contained shall be affected or changed in any way whatsoever by the consolidation,
merger, transfer or assignment of either party hereto.
Article 7. Notices
Notices hereunder shall be in writing,and if to the Association,shall be mailed to the Tustin Police Support
Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780; and, if the City, shall be mailed to
City Manager, City of Tustin, 300 Centennial Way,Tustin, CA 92780.
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Article 8. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
3. Contribution to survivors' benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non-industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. All authorized deductions to TPSSA.
12. Payment for non-return of uniforms and/or equipment issued.
13. Other purposes as may be authorized by the City.
14. Deferred compensation.
CHAPTER 2—COMPENSATION
Article 9. Salary
Unit employees are placed on a salary schedule consisting of six steps in each range with an approximate
increment of 5% between steps.
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period which includes July 1, 2021, employees in the bargaining unit shall receive a
two and one half percent (2.50%) base salary increase.
C. Effective the pay period which includes July 1, 2022, employees in the bargaining unit shall receive a
two and one half percent (2.50%) base salary increase.
D. Effective the pay period which includes July 1, 2023, employees in the bargaining unit shall receive a
two and one quarter percent(2.25%) base salary increase.
E. The Police Services Officer Career Ladder Program is discussed in Appendix B.
F. Police Communications Officer 1/11 is a flexibly staffed classification series. Positions at the Police
Communications Officer 11 level are normally filled by advancement from the lower level classification
of Police Communications Officer 1. Appointment at the higher level requires confirmation that the
employee meets the minimum qualifications of the classification, organizational need, and adequate
funding.
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Upon recommendation of the Police Chief, and confirmation of the employee's qualifications,
promotions to Police Communications Officer II will occur in conjunction with the employee's annual
performance evaluation. Promotion will be made to the salary step that provides the employee with
a base salary increase of at least 4.5%. An employee who is promoted to Police Communications
Officer II is required to serve a 12 month promotional probationary period.
Article 10. Overtime Compensation
A. Overtime is subject to pre-approval by the employee's supervisor. All full-time represented
employees shall receive overtime compensation of time and one-half (1 %) for all overtime hours
worked in excess of:
1. Regularly scheduled hours per shift; or
2. Forty (40) hours worked in the designated seven (7) day Fair Labor Standards Act (FLSA)
workweek for each employee.
B. General Leave, Compensatory Time Off and Holiday hours shall be included within the above hours
for eligibility, provided however, that Standby time shall not count as hours worked in determining
entitlement to overtime compensation.
C. Overtime paid by this MOU in excess of the requirements of the FLSA (when an employee actually
works in excess of 40 hours in their defined FLSA workweek) is paid at 1.5 times the employee's base
hourly rate of pay.
D. Overtime paid per the requirements of the FLSA includes base pay plus any additional forms of pay
that are provided to employees and required to be included in the FLSA regular rate (i.e., overtime
rate).
Article 11. Uniforms
The City will provide a uniform maintenance allowance of two-hundred and fifty dollars ($250) annually
($9.61 paid biweekly)for those full-time employees required by the City to wear uniforms.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), for "classic members" as defined by the Public Employees' Pension
Reform Act of 2013, the compensation paid for the purchase, rental and/or maintenance of required
uniforms shall be reported to CalPERS as Special Compensation. The parties agree that this pay is
described in Title 2 CCR, Section 571(a)(5) as a "statutory item" — a type of reportable special
compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable
special compensation.
Article 12. Bilingual Compensation
The City shall pay one hundred dollars ($100) per pay period to full-time employees in City-designated
positions who demonstrate skill in Spanish at the conversational level, or in another language that the
City Manager has approved as being needed for City business.Should a conflict arise regarding designation
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of an employee for compensation, proficiency and need shall determine who is eligible. Management will
determine where and when the need is greatest, and management will devise and administer a testing
vehicle to determine degrees of proficiency.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of bilingual pay shall be reported to CalPERS as
Special Compensation. The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation. However, it is
ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 13. Educational Incentive Pay
Effective with the pay period that includes July 1, 2023, all employees in the bargaining unit who have a
Bachelor's Degree will receive $28.85 per pay period ($750.00 per year) and all employees in the
bargaining unit who have a Master's Degree will receive $38.46 per pay period ($1,000.00 per year).
Educational Incentive Pay begins the first pay period after Human Resources receives and certifies the
employee has met all of the eligibility requirements.
The parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational Incentive.
Article 14. Standby Duty
A. Employees may be required to be on Standby Duty to respond to emergencies. The department will
determine Standby assignments. If on standby, employees must provide contact information where
they can be reached, by phone. If called,the employee must respond within twenty(20) minutes and
then must be able to return to the City (if necessary) to address the issue within forty-five (45)
minutes, unless commuting time prohibits returning within forty-five (45) minutes. In the case where
commuting time is an issue, the department will work with the employee for a reasonable response.
Employees must be able to return to work while on Standby Duty. This means that they may not
consume alcoholic beverages and must have the ability to travel back to the City.
B. Employees assigned to Standby Duty shall be compensated at the rate of one(1) hour of straight-time
compensation for each twelve(12) hours of such duty. Effective the pay period which includes July 1,
2021, employees assigned to Standby Duty shall be compensated at the rate of two (2) hours of
straight-time compensation for each twelve (12) hours of such duty.
C. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate of
two (2) hours of straight time for morning(8:00 a.m.— 12:00 p.m.) appearances and two (2) hours of
straight time for afternoon (12:00 p.m.—5:00 p.m.) appearances.
D. 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 (2) hours of Standby pay.
A reasonable effort by the City (e.g., phone call, voicemail, or email) to notify the employee prior to
6:00 p.m.on the day prior will negate the two(2) hours of Standby Pay. Employees who are scheduled
for Standby Duty 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.
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E. Employees cannot receive Standby Pay for any hours for which they are being paid to work.
Article 15.Call Back Duty
Employees shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for
any call (fifteen (15)or more minutes beyond the end of their shift)which requires them to return to duty.
Call Back Pay begins when an employee returns to work and does not include travel time. Call Back Pay
does not apply to regular or pre-scheduled work.
An employee called back to work prior to his/her shift shall receive overtime for the additional time
worked by being called in. At the start time of his/her regular shift, and while working his/her regular
hours, the employee shall only receive regular pay. If the employee receives approval from his/her
supervisor to substitute regular pay and be absent from his/her regular shift with accrued leave, that is
acceptable.
Article 16.Special Assignments
A. The Police Chief has sole discretion to determine who shall receive a special assignment. Employees
assigned to the following special assignments (or successor titles) listed below shall receive, in
addition to their regular compensation, premium pay in the amounts specified below for performing
in such special assignments; provided, however, that at no time may an employee receive more than
one (1) special assignment pay premium.
1. Fifty dollars ($50) per pay period:
a. Gang Reduction and Directed Enforcement (GRADE) Unit
b. General Investigations Unit/Special Investigations Unit
c. Professional Standards Division
d. Traffic Unit
e. Discovery Desk
f. Police Services Officer Administrative Specialist
g. Property and Evidence Senior Specialist
The parties agree that the special assignments of Traffic Unit and Discovery Desk qualify for special
compensation and special assignment pay for these assignments shall be reported as such, to the
extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3).
B. The City has the absolute discretion regarding the assignment and reassignment of employees to
special assignments. Any such assignment is not vested and may be revoked at any time and without
any appeal rights. When an employee reaches the expiration date of a special assignment term, as
specified in the Police Department's General Orders,the employee does not have the right to appeal
the Police Chief's decision to not renew or extend the employee's term in that special assignment.
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Article 17. Shift Differential Pay
Any full-time unit employee assigned on a regular basis (ten (10) or more continuous working days) to a
shift that requires the employee to work hours after 8:00 p.m. shall receive a shift differential of seventy-
five dollars ($75) per pay period. The right to assign and/or reassign an individual to a particular shift is
the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the
grievance and/or discipline appeals process.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of shift differential shall be reported to CalPERS
as Special Compensation.The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as a "special assignment pay" — a type of reportable special compensation. However, it is
ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 18. Acting Pay
A full-time employee assigned to temporarily work in a higher classification will receive Acting Pay of 5%
of base pay.This rate will be paid after the employee has been in the assignment for thirty(30)consecutive
calendar days. An employee's base salary combined with Acting Pay can never exceed the salary range of
the acting classification.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of acting pay shall be reported to CalPERS as
Special Compensation for classic members as defined under the Public Employees' Pension Reform Act
(PEPRA)of 2013.The parties agree that acting pay("Temporary Upgrade Pay") is described in Title 2 CCR,
Section 571(a)(3) as a "premium pay" — a type of reportable special compensation. This pay is not
reportable as special compensation for employees defined as "new members" under PEPRA. However,
it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
Article 19.Training Pay
A. An employee assigned to train another employee in his/her respective work unit shall receive, in
addition to his/her regular compensation, a five percent (5%) premium while training.The beginning
and ending dates for this pay will be designated by the completion of a Personnel Action form (PAF).
Training Pay will be paid effective the start of the pay period in which the training assignment begins
through the end of the pay period in which the training assignment ends. When feasible, training
assignments will be scheduled to coincide with the start and end of the pay period.
B. The City has the absolute discretion regarding the assignment and reassignment of employees as a
trainer. Any such assignment is not vested and may be revoked at any time without cause and without
any right to challenge such action pursuant to the City's grievance appeal procedure.
C. It is the responsibility of an employee in a lead classification to provide leadership and training without
additional compensation.
D. In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of training pay shall be reported to CalPERS
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as Special Compensation.The parties agree that this pay is described in Title 2 CCR, Section 571(a)(4)
and 571.1(b)(3) as a "special assignment pay"—a type of reportable special compensation. However,
it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
CHAPTER 3—BENEFITS
Article 20. Flexible Benefits Plan
A. The City contracts with the California Public Employees' Retirement System(CaIPERS)for the provision
of medical insurance.All employees in the bargaining unit shall receive the minimum amount required
under the Public Employees' Medical and Hospital Care Act (PEMHCA), $143 for calendar year 2021,
and a yet to be determined amount for subsequent calendar years, as well as an additional amount
which is provided under a Section 125 Flexible Benefits program. The amounts below include the
minimum amount under PEMHCA.
B. Effective the pay period which includes July 1, 2021,the Flexible Benefits contribution per month per
eligible employee will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,200 $1,450 $1,650
C. Effective the pay period that includes July 1, 2022, the Flexible Benefits contribution per month per
eligible employee will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,200 $1,500 $1,700
D. Effective the pay period that includes July 1, 2023, the Flexible Benefits contribution per month per
eligible employee will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,200 $1,550 $1,750
E. Full-time employees who do not take medical insurance through the program offered by the City shall
receive $450 per month as the Flexible Benefits Opt-Out contribution. As a condition of receiving
such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical
insurance coverage comparable to coverage available through the City program. For medical
coverage, if an employee elects to opt out of coverage offered by the City, he/she must provide proof of
"minimum essential coverage" (as defined by the Affordable Care Act) through another source (other
than coverage in the individual market, whether or not obtained through Covered California).
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F. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City-sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance,with premiums paid out
of their Flexible Benefits contribution. Employees may allocate the remaining amount among the
following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending Account for medical or dependent care reimbursement
6. Eligible catastrophic care programs
7. Cash
Discretionary allocations are to be made in accordance with program/City requirements including
restrictions as to the time when changes may be made in allocations to the respective programs.
G. The Section 125 Flexible Benefits program will be continued in full force and effect for the duration of
this MOU unless changed by mutual agreement of the City and Association. The City retains the right
to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary
and employee-funded.
Article 21. Retirement
A. Employees covered under this MOU shall be members of the California Public Employees' Retirement
System (CaIPERS) and are subject to all applicable provisions of the City's contract with CalPERS.
B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the CaIPERS
2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous members.
The plan includes both an employer and employee contribution.
1. These employees are responsible for paying the employee contribution of seven percent (7%) of
the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS
resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee
contribution is made on a pre-tax. The plan has been amended to include Section 21573 (Third
Level of 1959 Survivor Benefits), Section 20042 (One-Year Final Compensation), and Section
21024 (Military Service Credit as Public Service). The employee is responsible for paying the
employee portion of the 1959 Survivor benefit premium.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of ten percent(10%). If, at any time in the future,the Association
informs the City that it no longer agrees to this cost sharing agreement, effective on the date of
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the elimination of the cost sharing (which would need to coincide with the expiration date of the
MOU)these employees' base salary would be reduced by three percent(3%).
C. Miscellaneous members employed by the City on or after January 1, 2012 who are"classic members"
as defined by the Public Employees' Pension Reform Act (PEPRA) of 2013 shall be enrolled in the
CalPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and
employee contribution.
1. These employees are responsible for paying the employee contribution of seven percent (7%) of
the employee's wages through a payroll deduction. The City has adopted the CalPERS resolution
in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made
on a pre-tax basis. This plan provides retirement benefits based on the highest annual average
compensation earnable during the three consecutive years of employment immediately
preceding the effective date of his or her retirement or as designated by the employee in
accordance with Government Code Section 20037.The plan provides for 3rd level of 1959 Survivor
benefits with the employee paying the employee portion of the premium.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of ten percent(10%). If, at any time in the future,the Association
informs the City that it no longer agrees to this cost sharing agreement, effective on the date of
the elimination of the cost sharing (which would need to coincide with the expiration date of the
MOU)these employees' base salary would be reduced by three percent (3%).
D. Individuals first employed by the City on or after January 1, 2013 who are defined as "new members"
by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2% @
62 plan for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of one-half of the total normal
cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period
including July 1, 2021, the employee contribution is 6.25%. This amount will be determined by
CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code
section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the effective
date of his or her retirement or as designated by the employee in accordance with Government
Code Section 7522.32(a). The plan provides for 3rd level of 1959 Survivor benefits with the
employee paying the employee portion of the premium.
Article 22. Employee Life Insurance
The City will provide a life insurance policy for each unit member.The City will pay required premiums for
the policy with a death benefit that shall be equal to one hundred thousand dollars ($100,000). The City
will also provide$1,000 per dependent of dependent life insurance.
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Article 23. Short-Term/ Long-Term Disability Insurance
A. The City shall maintain a short-term / long-term disability (STD/LTD) insurance program for non-
industrial illnesses or injuries. Eligibility for benefits is subject to the requirements and approval of
the STD/LTD insurance carrier.
B. An employee who is receiving STD benefits under the City's program will be granted a leave of absence
for the duration of his/her non-industrial disability subject to a maximum period of six (6) months.
Such leave of absence may be extended for an additional six (6) months under LTD, upon approval of
the City Manager.
C. All unit employees are required to participate in the program. Premiums are deducted from the
employee's pay on an after-tax basis.
D. In the event a non-industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of his/her accrued leave (General Leave or Compensatory Time
Off) during the 30 day period beginning with the first day of the leave. In the event no leave time is
available, the employee shall be on leave without pay for 80 consecutive hours.
E. After the first 80 hours of leave,and for the remainder of the 30-day elimination period,the employee
shall be compensated by the City at the rate of 60%of the employee's pre-disability base salary. This
City payment is taxable income. The employee may supplement this City payment with accrued leave
to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability
earnings.
F. In the event the employee is eligible for FMLA/CFRA leave, STD/LTD leave shall run concurrently with
FMLA/CFRA leave.
G. For a new employee who has worked for the City for less than 12 consecutive months,and is therefore
not eligible for FMLA/CFRA leave, the City will nevertheless provide the employee with the same
Flexible Benefits contribution as was provided at the time of the non-industrial injury,for a period not
to exceed 90 days. Should an employee receive 90 days of City-paid Flexible Benefits within the 12
month period prior to being eligible for this benefit pursuant to the FMLA/CFRA, and is subsequently
eligible to receive this benefit pursuant to the FMLA/CFRA, the employee shall reimburse the City for
its previous contribution.
H. Once the employee is on leave without pay,or the first 80 hours of leave has passed(whichever occurs
first), no paid leave shall accrue to the employee.
I. After the 30 day elimination period, the STD/LTD carrier will provide the employee with a benefit of
60%of pre-disability base salary.The employee may supplement the STD/LTD carrier's payment with
accrued paid leave to enable him/her to receive an amount equivalent to no more than 100% of
his/her pre-disability earnings.
J. The employee is responsible for all benefit elections and payments during his/her leave unless he/she
is eligible to opt out of such elections and chooses to do so. In the event the employee chooses to
continue his/her benefit elections, the employee is required to make timely payment to the City for
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such elections(including the cost of the STD/LTD program). In the event timely payment is not made,
the City is authorized to reduce the employee's accrued paid leave accounts, in an amount equivalent
to the premiums owed by the employee. In the event no paid leave is available,the City is authorized
to cancel the employee's coverage.
K. An employee is only eligible for the City's 60%STD/LTD salary continuation benefit once in any rolling
12-month period.
Article 24.Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of benefit
both to the employee and to the City. Full-time employees shall be eligible for tuition reimbursement and
will be eligible for reimbursement of eligible expenses by the City for professional and technical courses
subject to the following conditions:
1. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade (a "C" or above or "Pass") and after the
completion of the initial probationary period. Requests to enroll in courses may be granted prior
to the completion of probation. However payment will not be made until the employee has
completed the probationary period and attained regular status
2. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits
or any other reimbursement for the same courses.
3. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for
attending graduate school, a four-year college or university, or a job-related program through
University of California or California State University extended education programs and $2,000
per year for attendance at a California Community College. This reimbursement benefit may be
used for other job-related educational programs administered by other professional organizations
with the express approval of the City Manager. If an employee separates from City service within
one calendar year of receiving this Tuition Reimbursement benefit, the employee is responsible
for refunding the City the full amount of the benefit that was paid. Funds will be deducted from
the employee's final paycheck to cover the re-payment of the tuition reimbursement.
4. The City has 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.
5. Approval from the department head, Director of Human Resources, and City Manager (when
required) should be obtained prior to enrollment in the course or program to ensure the City will
approve the reimbursement request.
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Article 25. Cell Phone Stipend
A. Employees with a clearly identified business need as determined by their department head are eligible
for cell phone stipend of$12 per pay period ($26 per month), which is taxable income.
B. The stipend is designed to contribute to an employee's cell phone plan. It is not designed to fully pay
for the plan. Any additional charges an employee incurs are his/her own responsibility and those
additional charges are not eligible for reimbursement.
Article 26. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of$250 per month for the payment
of CalPERS retiree medical insurance premiums. This amount includes the minimum contribution
towards retiree medical insurance required under the PEMHCA program ($143 for calendar year 2021,
and a yet to be determined amount for subsequent calendar years).
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that he/she
has been continuously employed by the City for five (5) full years, retires from the City and CalPERS,
and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees who
suffer a disability, are unable to return to work, and take a disability retirement from CalPERS may
satisfy the five (5) year continuous service requirement using a combination of service with the City
and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that
he/she has been continuously employed by the City for ten (10) full years, retires from the City and
CalPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible
employees who suffer a disability, are unable to return to work, and take a disability retirement from
CalPERS may satisfy the ten (10) year continuous service requirement using a combination of service
with the City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's CaIPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee must
maintain coverage in a CalPERS medical insurance plan; once coverage is dropped, reimbursement
will cease and will not be reinstated.
Article 27. Retiree Health Savings Plan
Employees in the unit have the option to make a payroll deduction and contribute to a retiree health
savings plan which will be set up by the City. Contributions are voluntary by employees and the City will
not make a contribution to the plan.
CHAPTER 4—LEAVES OF ABSENCE
Article 28. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status for
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at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a pay
period, his/her General Leave will be earned on a prorated basis for the pay period.
Periods of Service General Leave Maximum Accrual
Hours Per Year
0-5 years 160 hours 320 hours
6-10 years 208 hours 416 hours
Over 10 years 248 hours 496 hours
B. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Upon separation from the City service, the employee will be paid for unused General
Leave, not to exceed the maximum of two years entitlement, at the employee's then current base
salary rate.
C. The use of General Leave must be approved by the department head and due regard shall be given to
the employee's preference in scheduling such paid leave time.
D. General Leave Cash Out:
Employees in the unit are permitted to cash out General Leave as follows:
On or before the pay period which includes December 15 of each calendar year,an employee may
make an irrevocable election to cash out up the following amount of General Leave which will be
earned in the following calendar year at the employee's base rate of pay:
a. Up to twenty (20) hours of accrued General Leave; and
b. Up to an additional amount of accrued General Leave based on years of service as follows:
0-5 years 40 additional hours per year
6-10 years 50 additional hours per year
Over 10 years 60 additional hours per year
The employee can request that the cash out (of both 2 a and b above) be processed on any
paycheck beginning July 1 of the following calendar year through the end of that calendar year,
as long as the employee has accrued the number of hours they elected to cash out during the
calendar year of the cash out. However, if the employee's General Leave balance is less than the
amount the employee elected to cash out (in the prior calendar year) the employee will receive
cash for the amount of leave the employee has accrued at the time of the cash out. The employee
may request to be paid all at once or choose to be paid on two different paychecks.
Article 29. Compensatory Time Off
A. Employees working overtime will be eligible to accrue Compensatory Time Off in lieu of receiving
overtime compensation at the rate of one and one half hour for each hour of overtime worked.
Employees may accrue up to eighty(80) hours of Compensatory Time Off.
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B. Full-time employees will be paid for all Compensatory Time Off in January of each year provided that
an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired
retention is submitted to the City.
C. An employee wishing to use his/her accrued Compensatory Time Off shall provide the City with
reasonable notice of such request. If reasonable notice is provided, the employee's request will not
be denied unless it would be unduly disruptive to the department to grant the request. "Reasonable
notice" is defined as at least two weeks' notice. A request to use Compensatory Time Off with less
than reasonable notice may still be granted within the discretion of the supervisor or manager
responsible for considering the request.
D. When an employee separates from City service or remains employed by the City, but moves to a
position no longer represented by TPSSA, an employee shall be compensated for all accrued
Compensatory Time Off at his/her regular rate of pay.
Article 30. Holidays
A. The following days shall be Holidays for which full-time regular and probationary employees, in
permanent positions, will receive compensation either in pay or paid time off.
January 1 New Year's Day
Third Monday in January Martin Luther King Jr. Day
Third Monday in February Presidents' Day
Last Monday in May Memorial Day
June 19 Juneteenth
July 4 Independence Day
First Monday in September Labor Day
November 11 Veterans Day
Thanksgiving Day Thanksgiving Day
Day following Thanksgiving Day Day after Thanksgiving Day
December 24 Christmas Eve
December 25 Christmas Day
December 31 New Year's Eve
B. Except as otherwise provided, when a holiday falls on a Sunday, the following Monday will be
observed instead and when a holiday falls on a Saturday, the preceding Friday will be observed
instead.
C. Each Holiday has a value of nine (9) hours. If the number of hours paid on a holiday is less than the
hours that would be paid if the employee worked his/her regular shift, accrued Compensatory Time
Off or General Leave will be used to ensure that hours paid will be equal to what the employee would
receive for his/her regular shift.
D. Except as provided for below in subparagraph D1, in December of each year, each full-time regular
and promotional probationary employee may request Advance Holiday Pay, a cash out of the
employee's 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
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full payment of the Advance Holiday Pay 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 Pay shall be made in January (January — September holidays) and
October (October— December holidays) of each year.
The Advance Holiday Pay request may only be for 1) all cash, 2) all General Leave, or 3) half cash and
half General Leave. The employee request 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 unpaid leave immediately before and/or immediately after a holiday
or is not otherwise eligible to receive a paid holiday, and has received Advance Holiday Pay, the City
shall reduce the employee's leave bank(s) by 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).
1. Exception: If at the time Advance Holiday Pay is being processed, the employee is on an unpaid
medical leave of absence without a documented return to work date (within the next 30 days),
the employee will not receive Advance Holiday Pay and will instead be paid for each Holiday as it
occurs if the employee is in a paid status at the time the Holiday occurs.
E. In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), the monetary value of holiday pay for employees who are
normally required to work on an approved holiday because they work in positions that require
scheduled staffing without regard to holidays shall be reported to CalPERS as Special Compensation.
The parties agree that this pay is described in Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) as a
"statutory pay" — a type of reportable special compensation. However, it is ultimately CalPERS who
determines whether any form of pay is reportable special compensation.
Article 31. Bereavement Leave
The City will allow up to five (5) days of paid leave for the purpose of Bereavement Leave for all unit
employees in the event of a death in the immediate family. For purposes of this section, "immediate
family" shall be defined as including spouse, registered domestic partner, mother, stepmother, father,
stepfather, brother, step brother, sister, step sister, child, stepchild, grandparent, step grandparent,
grandchild and step grandchild of the employee or the employees' spouse/registered domestic partner.
Article 32.Jury Duty Leave
The City's general policy on Jury Duty is as set forth in Section 8.K.4 of the Personnel Rules. A unit
employee who has been assigned to Jury Duty may request a change in regularly scheduled working hours
to a Monday through Friday day shift schedule for the duration of such Jury Duty. Such requests shall be
granted if practicable.
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CHAPTER 5—WORKING CONDITIONS
Article 33. Work Schedules
A. The FLSA workweek for all members of the unit shall be 168 regularly recurring hours.
B. Employees maybe assigned any of the following work schedules:
a. 9/80 work schedule. The flex/off day is the same day every other week. In addition, the
employee's scheduled work hours cannot be changed on his/her flex/off day. For employees
working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in
length)shall begin exactly four hours after the start time of his/her eight hour shift on the day
of the week that corresponds with the employee's alternating regular day off.
b. 4/10 work schedule. For employees working the 4/10 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
c. 3/12.5 work schedule. For employees working the 3/12.5 work schedule, each employee's
designated FLSA workweek (168 hours in length) shall begin on Monday at 12:00 a.m. and
end at 11:59 p.m. the following Sunday.
C. Employees assigned to the 3/12.5 work schedule are scheduled to work 2080 hours per fiscal year. In
a seven day period (168 hours in length), employees are assigned three 12.5 hour work days.
Additionally, once in every four week period,the employees are also assigned one ten hour work day.
During the work week when the ten hour day occurs, employees will be regularly scheduled for forty-
seven and one-half hours. This work schedule results in premium pay required under the Fair Labor
Standards Act (FLSA).
For employees who are classic members as defined by Public Employees' Pension Reform Act(PEPRA)
of 2013 the resulting FLSA premium pay earned from working their regularly scheduled hours (for
employees working the 3/12.5 work schedule) is defined as Special Compensation by CalPERS, in
accordance with Title 2 of the California Code of Regulations (2 CCR §571(a)(5)).
Employees assigned to the 3/12.5 hour work schedule will be paid a base hourly rate that results in
the total pay for 2080 hours of regularly scheduled work being as close to equivalent to the total pay
earned by employees working 2080 hours in the same classification assigned to the 4/10 work
schedule. Hourly rates for the classifications are identified in Appendix A.
D. Continuation of the work schedules is subject to the needs of the City provided that if a 4/10 or 3/12.5
work schedule is discontinued, affected employees will be placed on the 9/80 work schedule.
E. Employees may be assigned to attend training on days other than their regularly scheduled work
days/shifts.
F. Department employees who are assigned to regularly rotating shifts (i.e., employees in the
Communications, Records or Police Services Officer Units) work a standard twenty four (24)
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consecutive month shift assignment (day shift, cover, or graveyard). Based on departmental needs,
an employee may be permitted to extend his/her shift assignment beyond the twenty four (24)
consecutive month rotation. If such a request is not permitted, the decision is not subject to being
grieved as it is subject to departmental need and discretion.
G. No employee shall be permitted to work more than sixteen (16) consecutive hours except in an
emergency situation as determined by his/her supervisor.
H. The City will provide advance notice to affected employees prior to modifications to an employee's
regular work schedule. Whenever practicable, notice will be provided at least fourteen (14) days
before such schedule change goes into effect.
Article 34. Shift Trading
Employees in the unit have the right to trade shifts with their colleagues in the same classification/level
subject to the following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade.
However, denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift.Thus, the employee whose shift
was worked will record the time as time worked on his or her time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts
and will not be monitored by the City. Traded shifts should fall in the same two week pay
cycle. If an employee leaves the City having not paid back a shift, it shall be the responsibility
of the two employees to work out any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does
not work the shift, the employee who agreed to work the shift shall have his/her General
Leave deducted.
Article 35.Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the City's and/or
Department's rules regarding hours of work, holidays, and leaves.
B. Any employee who is absent from duty shall report the reason for such absence to the department
head or his/her immediate supervisor prior to the absence as far in advance as possible and in no case
later than two (2) hours before the beginning of the employee's scheduled work shift. Absences not
reported in such a manner may be considered absence without authorized leave. A deduction of pay
may be made for the duration of any absence without authorized leave. Upon return to work, such
absence shall be justified to the department head who shall consider the need for disciplinary action
or to approve the absence as unavoidable and allow the employee to make up the lost time or cover
it with General Leave.
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C. Absence without leave and without reasonable cause to report to work for three (3) consecutive
scheduled work days may be cause for immediate discharge.
Article 36. Rest Periods
A. Unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their
work shift. Employees are encouraged to take their rest breaks. In the event an employee is unable
to take his/her break(s),and is required to work through his/her breaks(s),the employee shall confirm
the necessity of working through his/her break(s) with the immediate supervisor who shall then
authorize equivalent compensation for the break(s) missed. The employee shall complete his/her
timecard and all necessary paperwork so that the employee receives the additional compensation,
which was approved by the immediate supervisor who confirmed the necessity of working through
the break(s).
B. No employee shall be intimidated,coerced,or discriminated against for exercising his/her entitlement
to rest periods or for seeking direction from the immediate supervisor on working through rest breaks.
Article 37. Paid Lunch Break
A. All unit employees shall be entitled to receive compensation for a lunch break period not to exceed
30 minutes. Employees receive a paid lunch break because they are required to be working or
available to respond immediately to calls for service during their lunch time.
B. In the event an employee requests a lunch period free from recall status, such a break may be
approved by the on-duty supervisor with consideration to workload and deployment, and the
employee shall submit a General Leave request for the approved time away from the workstation.
CHAPTER 6—EMPLOYER/EMPLOYEE RELATIONS
Article 38. Employee Rights
As the recognized representative of the employees covered by the Resolution,the City acknowledges and
recognizes the following employee rights:
1. TPSSA shall have access to and be provided with payroll deduction(as currently provided)of dues,
fees, and assessments without charge through the City's regular payroll system.
2. TPSSA shall be afforded the reasonable use of department bulletin boards for the posting of
notices, updates, meeting minutes and other material related to TPSSA business.
3. TPSSA shall be afforded the reasonable use of department copy machines.
4. Upon notice, and subject to availability, the City shall allow TPSSA the use of City facilities
including meeting rooms for TPSSA membership, Board of Directors and committee meetings.
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5. Employees shall have the right to representation by TPSSA in processing grievances and
disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with a
TPSSA representative for discussion and consultation on grievances and disciplinary appeals.
6. TPSSA shall have the exclusive right on behalf of the bargaining unit to meet and confer with
management over matters of wages, benefits, hours, and terms and conditions of employment
pursuant to State and Federal laws.
7. All bargaining unit members shall have the right to join and participate in the activities of TPSSA
free from management interference, intimidation, coercion, or discrimination.
8. TPSSA shall have the right to distribute reasonable association information and newsletters at the
job site.
9. TPSSA representatives shall have the right reasonable usage of department telephones for the
discussion of TPSSA business.
10. TPSSA representatives and consultants shall have the right of reasonable access to the workplace.
11. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 39. Appeals and Hearings
A. Pre-Disciplinary Meetings and Disciplinary Appeals
1. Pre-Disciplinary Meeting
A full-time employee who has attained a regular appointment shall have the right to a pre-
disciplinary meeting before his/her department head or designee whenever the employee may
be subject to a demotion, non-emergency suspension, or non-emergency dismissal. In the event
of an emergency suspension or dismissal a meeting will be conducted by the department head or
designee as soon as practicable after the action has been taken.
2. Procedure for Pre-Disciplinary Meetings
Notice of a proposed disciplinary action shall be provided to the employee including a statement
of the proposed action, the reasons therefore, and a copy of the charges and materials upon
which the action is based.The employee shall have ten (10) days to respond orally, in writing, or
both to the charges. Within ten (10) days of the employee's response, he/she will be advised in
writing of the City's decision. If the disciplinary action is upheld,the employee will receive a Notice
of Disciplinary Action stating the action taken,the reasons therefore, and the employee's right to
appeal.
3. Post-Discipline Appeal
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Within ten (10) days after receiving the Notice of Disciplinary Action the employee may appeal
the action in writing to the Director of Human Resources.
4. Effective Date of Disciplinary Action
The availability of appeal rights or the filing of an appeal shall not be interpreted as staying the
effective date of a disciplinary action stated in the Notice of Disciplinary Action. In the event of a
termination, the employee shall cease to be an employee of the City on the effective date of the
termination.
5. Calendar Days
Unless otherwise indicated, "day" or "days"when used in this section shall be calendar day(s).
B. Appeals Procedure
1. If a timely appeal is filed as provided in the Grievance Procedure (Article 40) or Pre-Disciplinary
Hearings and Disciplinary Appeals section (Article 39, Section A) the City Manager may hear the
appeal or appoint any City management/supervisory employee or arbiter who has not been
personally involved in the actions giving rise to the discipline to hear the appeal.
2. An "arbiter" is a person with experience acting as a hearing officer on public employment issues.
Any hearing conducted by an arbiter shall not be considered an "arbitration" as defined in Code
of Civil Procedure Section 1281.6.
3. In the event that the employee requests that an arbiter hear the appeal, such a request will be
honored provided the request is made within the ten (10) days after receiving the notice of
disciplinary action. The arbiter shall be chosen from a list provided by the State Mediation and
Conciliation Services through a process where the employee organization and the employer
strikes the name of an arbiter until only one name remains.
4. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a
written report outlining his/her findings,conclusions,and recommendations to the City Manager.
5. Within ten (10) days of the receipt of the hearing officer's report, or the conclusion of the hearing
if it was conducted by the City Manager or his/her City appointee,the City Manager shall provide
his/her written decision to the employee.
C. Hearings
1. Where practicable,the date of the hearing shall not be less than twenty(20) days, nor more than
sixty(60) days, from the date of the filing of the appeal with the City Manager, provided that the
parties may agree to a longer or shorter period of time.
2. All hearings involving disciplinary action against an employee shall be closed to the public unless
the affected employee requests that the hearing be open to the public.
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3. The hearing need not be conducted in accordance with technical rules relating to evidence and
witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which
reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule, which might make improper admission of such
evidence over objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil actions. The rules of privilege shall be
effective to the same extent that they are now or hereafter may be recognized in civil and criminal
actions,and irrelevant and unduly repetitious evidence shall be excluded.The hearing officer shall
not be bound by technical rules of evidence. The hearing officer shall rule on the admission and
exclusion of evidence.
4. Each party shall have these rights: To be represented by legal counsel or other person of his/her
choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing
witnesses;to impeach any witness regardless of which party first called him/her to testify; and to
rebut the evidence against him/her. If the respondent does not testify on her/his own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence shall be taken
only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of
the reporter will be split between the City and TPSSA.
5. The hearing shall proceed in the following order, unless the hearing officer, for special reasons,
otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in a disciplinary appeal hearing. If witnesses are called, the
opposing party shall have the right to cross-examine the witnesses on any matter relevant
to the issues, even though that matter was not covered on direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only, unless the
hearing officer for good reason permits them to offer evidence upon their original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy,weight,and credibility of testimony and
evidence. He/she shall base his/her findings on the preponderance of evidence. During
the examination of a witness, all other witnesses, except the parties, shall be excluded
from the hearing unless the hearing officer, for good cause, otherwise directs. No still
photographs, moving pictures, or television pictures shall be taken in the hearing
chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a
continuance for any reason he/she believes to be important to reaching a fair and proper
decision.
f. The hearing officer shall have no authority to amend, alter, or modify the Memorandum
of Understanding or any sections of the City's Personnel Rules and shall limit his/her
recommendations to the interpretation and application of the Memorandum of
Understanding, agreement at issue and/or the City's Personnel Rules.
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g. The hearing officer may recommend sustaining or modifying the disciplinary action.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director of
Human Resources.The City Manager, in his/her sole discretion, may hear limited oral arguments
and/or request written statements from either party on the hearing officer's findings,conclusions,
and recommendations.The City Manager shall inform the appellant of his/her decision regarding
the appeal within ten (10) days of the conclusion of the hearing or if the appeal is heard by a
hearing officer other than the City Manager, within ten (10) days of the receipt of the hearing
officer's report. However,the City Manager may extend the time to issue his/her decision beyond
the ten day period if he/she believes it is necessary. The decision of the City Manager regarding
the appeal shall be the final step in the administrative appeal process. However, any disciplinary
action is deemed final as of the effective date. Copies of the City Manager's decision, including
the hearing officer's report shall be filed where appropriate, including the employee's personnel
file.The City Manager's decision is subject to review by a superior court pursuant to Code of Civil
Procedure Section 1094.6.
7. If the employee organization requests that an arbiter be appointed to hear the appeal the
organization shall pay the cost of the hearing up to a maximum of$1,000; any excess cost will be
shared equally by the City and the organization. If either party orders a transcript for their review,
the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or
postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court reporter,
the party responsible for the cancellation or postponement shall be solely responsible for
payment of the fee. The arbiter shall submit his/her bills for services to the party, which is
obligated to pay them pursuant to this section.
8. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request
of either party, not less than ten (10) days prior to the commencement of the hearing; after
commencement, subpoenas shall be issued only at the discretion of the hearing officer.
9. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
Article 40. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit employees.
A. Limitations
The procedures set forth in this Section shall apply to all grievances involving unit employees.
Excluded from this procedure are grievances related to:
1. The amendment or change of City Council resolutions,ordinances or minute orders,which do
not involve provisions of this Memorandum of Understanding (MOU), Personnel Rules, or
other agreements between the City and TPSSA.
2. Position classification.
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B. Definitions
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules or this MOU.
2. Grievant: An employee who is alleging a violation, misinterpretation or misapplication of a
provision of the Personnel Rules, an agreement between the City and employee organization, or
this MOU.
3. Grievance Procedure: The process by which the validity of a grievance is determined and
resolution effected.
4. Day: Unless otherwise indicated, "day" or "days" when used in this section shall be calendar
day(s).
C. Procedure
1. Step 1.
The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in the
exercise of reasonable diligence should have known, of the events giving rise to the grievance.
The grievant shall state the facts necessary to an understanding of the issues involved; refrain
from including any unrelated charges; cite the sections of the City resolutions, agreement,
Memorandum of Understanding or rules alleged to have been violated and the remedy sought.
The grievant shall submit the grievance form to his/her immediate supervisor. Within ten (10)
days of receipt of the form,the supervisor shall inform the grievant of his/her decision.Grievances
submitted by employee organization representatives that involve issues potentially impacting the
organization's rights or membership as a whole shall be filed at Step 3.
2. Step 2.
If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10) calendar
days after receipt of the supervisor's response, submit the grievance to his/her department head.
After receipt of the grievance, the department head will meet with the grievant and make such
investigation as is required. Within ten (10) days of his/her meeting with the grievant, the
department head shall inform the grievant of his/her decision.
3. Step 3.
If the grievance is not satisfactorily resolved in Step 2, or in the case of employee organization
grievances,the grievant may submit the grievance to the City Manager. Employee grievances are
to be submitted within ten (10)days of receipt of the department head's decision. Such submittal
shall include the original of the grievance form and a written statement of any issues that are in
dispute. The City Manager has the sole discretion to hear the grievance him/herself or appoint
any City management/supervisory employee (except the employee's department head), or an
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arbiter to hear the grievance and submit a recommendation as to resolution of the grievance. At
the hearing, the grievant has the burden of proof and will present his/her case first.
D. General Provisions
1. Prior to filing a grievance,the potential grievant shall discuss the issues of concern with the person
or organization representative suspected as having violated provisions of the Personnel Rules or
this MOU. Upon a showing of good cause to the Director of Human Resources, such discussion
may be waived between an employee and his/her immediate supervisor. Cause shall include, but
not be limited to,situations wherein alleged inappropriate actions of the supervisor form the basis
for the grievance and the employee has reasonable cause to believe that the supervisor would
not be objective.
2. An employee may obtain a grievance form from his/her supervisor or the Human Resources
Department. All documents, communications, and records dealing with the processing of
grievances shall be filed separately from personnel files.
3. No retribution or prejudice shall be suffered by employees making use of the grievance procedure
by reason of such use.
4. Failure by management at any step of this procedure to communicate their decision on the
grievance within the specified time limits shall permit the grievant to proceed to the next step.
5. A grievant shall be entitled to be present at all steps of the procedure.
6. Failure by the grievant to appeal a decision on a grievance within the specified time limits shall be
deemed acceptance of the decision rendered.
7. The time limits specified at any step in this procedure may be extended or reduced by written
agreement of the grievant and an authorized management representative.
E. Employee Representation
1. An employee may represent him/herself or be represented by a representative of the employee
organization.
2. If an employee chooses not to be represented by the employee organization and the subject of
the grievance involves this MOU or other provisions that have been negotiated between the City
and TPSSA, TPSSA may have staff representatives present beginning with Step 3, and shall have
the right to present the organization's interpretation of the provisions at issue. Such presentation
shall not include comments regarding the merits of the grievance.
Article 41. 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 restrict an employee from having a written rebuttal
attached to a performance evaluation with which the employee disagrees.
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Article 42. Membership Meetings
Each Association member shall be entitled to two (2) hours per calendar year of paid release time for
membership meetings. These meetings are in addition to the MOU ratification meetings allowed the
Association. The Association shall provide a minimum of two (2) weeks' advanced notice to the City of
such meetings. The two (2) hours per calendar year of release time shall be used in one (1) hour
increments and will be non-cumulative for the next calendar year.
Members of the Association Board are permitted to attend one Board meeting per month. If the meeting
occurs during a Board member's work hours, he/she will be permitted to attend on release time (i.e.,will
be paid for the time without having to use other leave or make up the time) as long as the Board member
informs his/her supervisor in advance and the supervisor determines based on workload that the Board
member can attend without creating a disruption to work.
Article 43. No Strike/Job Action
A. The Association, its officers, agents, representatives, and/or members agree on behalf of themselves
and the employees in the bargaining unit that they will not cause or condone any strike, walkout,
work stoppage, job action, slowdown, sick out, or refusal to faithfully perform assigned duties and
responsibilities, withholding of services or other interference with City operations, including
compliance with the request of other employees and/or labor organizations to engage in any or all of
the preceding activities.
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. 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 should resume full and faithful performance of their job duties.
D. The City agrees it will not lock out employees during the term of this MOU.
Article 44. Management Rights
Except as otherwise specifically provided in State and Federal laws, the City reserves and retains and is
vested with all rights of management which have not been expressly abridged by specific provisions of
this Resolution or by law to manage the City. This shall include, but is not limited to:
1. The right to contract or subcontract services and/or work. The right to temporarily suspend the
provisions of this agreement in the event of,and for the duration of, an emergency as determined
by the City Council, and/or by County, State or Federal action upon notification to the Association
regarding the nature and expected duration of the emergency. In the event of such suspension
of the Resolution, when the emergency is over management will immediately initiate the meet
and confer process over replacement of any salary, benefit, or working conditions lost by unit
employees as a result of the suspension.
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2. The right to determine staffing and to direct the work force, including the right to hire, promote,
demote, evaluate, transfer, lay off or discharge for just cause any employee.
3. 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.
4. The right to modify the performance evaluation form.
5. The right to modify and update class specifications.
Article 45. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are hereby incorporated into this
MOU by reference.
Prior to formally notifying the Association of a decision to lay off a position, the City will notify the
Association two work days (48 hours) in advance of the decision, in an effort to provide an opportunity
for the Association to provide feedback, suggestions and/or to ask questions regarding the impending
decision.
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IN WITNESS WHEREOF, the parties hereto have executed this document this 3rd day of August 2021.
FOR THE CITY OF TUSTIN FOR THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
Matthew West, City Manager John Garzone, President
Derick Yasuda, Director of Human Resources Alysia Cornell, Vice President
Nicole Bernard, Assistant City Manager Bo Gutierrez, UELA General Manager
Karyn Roznos, Senior Management Analyst
Peter Brown, Liebert Cassidy Whitmore
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APPENDIX A-HOURLY SALARY RANGES
Effective the pay period that includes July 1, 2021
Classification Step A Step B Step C Step D Step E Step F
Crime Analyst 34.81 36.59 38.47 40.44 42.51 44.63
Management Analyst I -TPSSA 36.23 38.09 40.04 42.09 44.24 46.45
Management Assistant-TPSSA 28.65 30.11 31.66 33.28 34.98 36.74
Police Comm Lead (3/12.5) 34.01 35.75 37.59 39.51 41.53 43.61
Police Comm Officer 1 (3/12.5) 28.99 30.47 32.03 33.67 35.40 37.17
Police Comm Officer 11 (3/12.5) 30.78 32.36 34.01 35.75 37.59 39.46
Police Fleet Coordinator 31.82 33.45 35.16 36.96 38.85 40.80
Police Records Lead (3/12.5) 26.04 27.37 28.77 30.25 31.80 33.38
Police Records Lead (4/10) 26.65 28.01 29.45 30.96 32.54 34.16
Police Records Spec (3/12.5) 23.56 24.77 26.04 27.37 28.77 30.22
Police Records Spec (4/10) 24.12 25.35 26.65 28.01 29.45 30.92
Police Sery Offcr 1 (3/12.5) 27.10 28.48 29.95 31.48 33.09 34.75
Police Sery Offcr 1 (4/10) 27.74 29.15 30.65 32.22 33.87 35.56
Police Sery Offcr 11 (3/12.5) 28.56 30.02 31.56 33.17 34.87 36.61
Police Sery Offcr 11 (4/10) 29.23 30.73 32.30 33.95 35.69 37.47
Police Sery Offcr 111 (3/12.5) 30.78 32.36 34.01 35.75 37.59 39.46
Police Sery Offcr 111 (4/10) 31.50 33.12 34.81 36.59 38.47 40.39
Property& Evidence Specialist 28.16 29.59 31.11 32.71 34.38 36.10
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Effective the pay period that includes July 1, 2022
Classification Step A Step B Step C Step D Step E Step F
Crime Analyst 35.68 37.51 39.43 41.45 43.57 45.74
Management Analyst I -TPSSA 37.14 39.04 41.04 43.14 45.34 47.61
Management Assistant-TPSSA 29.36 30.87 32.45 34.11 35.86 37.65
Police Comm Lead (3/12.5) 34.86 36.65 38.53 40.50 42.57 44.70
Police Comm Officer 1 (3/12.5) 29.71 31.24 32.83 34.51 36.29 38.10
Police Comm Officer 11 (3/12.5) 31.55 33.17 34.86 36.65 38.53 40.45
Police Fleet Coordinator 32.61 34.28 36.04 37.89 39.82 41.81
Police Records Lead (3/12.5) 26.69 28.05 29.49 31.00 32.59 34.22
Police Records Lead (4/10) 27.32 28.71 30.18 31.73 33.36 35.02
Police Records Spec (3/12.5) 24.15 25.39 26.69 28.05 29.49 30.97
Police Records Spec (4/10) 24.72 25.98 27.32 28.71 30.18 31.70
Police Sery Offcr 1 (3/12.5) 27.78 29.20 30.70 32.26 33.91 35.62
Police Sery Offcr 1 (4/10) 28.43 29.88 31.41 33.02 34.71 36.45
Police Sery Offcr 11 (3/12.5) 29.27 30.77 32.35 34.00 35.74 37.53
Police Sery Offcr 11 (4/10) 29.96 31.50 33.11 34.80 36.58 38.41
Police Sery Offcr 111 (3/12.5) 31.55 33.17 34.86 36.65 38.53 40.45
Police Sery Offcr 111 (4/10) 32.29 33.95 35.68 37.51 39.43 41.39
Property& Evidence Specialist 28.86 30.33 31.89 33.53 35.24 37.00
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Effective the pay period that includes July 1, 2023
Classification Step A Step B Step C Step D Step E Step F
Crime Analyst 36.48 38.35 40.32 42.38 44.55 46.77
Management Analyst I -TPSSA 37.98 39.92 41.96 44.11 46.37 48.69
Management Assistant-TPSSA 30.03 31.56 33.18 34.88 36.66 38.50
Police Comm Lead (3/12.5) 35.64 37.47 39.39 41.41 43.53 45.71
Police Comm Officer 1 (3/12.5) 30.38 31.94 33.57 35.29 37.11 38.95
Police Comm Officer 11 (3/12.5) 32.26 33.91 35.64 37.47 39.39 41.36
Police Fleet Coordinator 33.35 35.05 36.85 38.74 40.71 42.76
Police Records Lead (3/12.5) 27.29 28.68 30.15 31.70 33.32 34.99
Police Records Lead (4/10) 27.93 29.36 30.86 32.44 34.11 35.81
Police Records Spec (3/12.5) 24.70 25.96 27.29 28.68 30.15 31.67
Police Records Spec (4/10) 25.28 26.57 27.93 29.36 30.86 32.41
Police Sery Offcr 1 (3/12.5) 28.40 29.85 31.39 32.99 34.68 36.42
Police Sery Offcr 1 (4/10) 29.07 30.55 32.12 33.76 35.49 37.27
Police Sery Offcr 11 (3/12.5) 29.93 31.47 33.08 34.76 36.55 38.37
Police Sery Offcr 11 (4/10) 30.64 32.21 33.85 35.58 37.41 39.28
Police Sery Offcr 111 (3/12.5) 32.26 33.91 35.64 37.47 39.39 41.36
Police Sery Offcr 111 (4/10) 33.01 34.71 36.48 38.35 40.32 42.33
Property& Evidence Specialist 29.51 31.01 32.60 34.28 36.03 37.84
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APPENDIX B—POLICE SERVICES OFFICER CAREER OFFICER PROGRAM
A. Police Services Officers qualifying under the Police Services Officer Career Officer Program,as outlined
in the Division Standard Operating Procedure, shall be eligible for additional compensation in
accordance with the following:
1. Police Services Officer I
Requirements include:
a. Entry level experience and education. May be assigned to fill any open assignment, in any
area, at the discretion of management.
2. Police Services Officer 11
Requirements include:
a. Minimum five (5) years of experience with TPD as a Police Services Officer I or two (2)
years with TPD as a Police Services Officer I and three(3)years equivalent experience with
another law enforcement agency(five (5)years total experience); and
b. Evaluation rating of "Meets Standard" or better for the previous three (3) consecutive
years.
3. Police Services Officer III
Requirements include:
a. Minimum seven (7) years of experience with TPD as a Police Services Officer or two (2)
years of experience as a Police Services Officer 11 in one assignment area with TPD and
five (5) years equivalent service with another law enforcement agency (seven (7) total
years of experience); or
b. Included within the minimum seven (7) years of experience, five (5) years of experience
in the CSI assignment combined with possession of a POST Field Evidence Technician
certification (five (5) total years of experience); and
c. Evaluation rating of "Meets Standard" or better for the previous three (3) consecutive
years.
B. Employees are eligible to advance from PSO I to PSO 11 and from PSO 11 to PSO 111. Once a Police
Services Officer has met the criteria for advancement to the next PSO level, he/she shall complete the
appropriate TPD form, "Recommendation for Advancement to Police Services Officer (11, III)." Once
completed, the form should be submitted via chain of command. If all qualifications are met, the
department head shall make a recommendation for advancement and will authorize the Professional
Standards Unit to generate a Personnel Action Form signifying the classification change.
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