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Home My WebLink AboutCC RES 21-76 DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 RESOLUTION NO. 21-76 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 OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT, 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 Officers Association — Police Management Representation Unit (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, hours, and terms and conditions of employment effective July 1 , 2021 through June 30, 2025, 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 TPMA, 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shall become effective on July 1 , 2021 , and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. Resolution 21-76 Page 1 of 2 DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7th day of September 2021. Le DocuSigned by: Lo^ �fcvli�12� AUSTIN LA Mayor Pro Tem ATTEST: F DocuSigned by: LV'iCa (�aStti�,a 6f3 �B*tsRdYl•@4•@6... ERICA N. YASUDA, 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. 21-76 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of September 2021, by the following vote: COUNCILMEMBER AYES: Lumbard, Cooper, Gallagher, Gomez (4) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: Clark (1) 5 DocuSigned by: ERICA Ill ASS A, City Clerk Resolution 21-76 Page 2 of 2 DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE OFFICERS ASSOCIATION POLICE MANAGEMENT REPRESENTATION UNIT TERM: July 1, 2021—June 30, 2025 I k DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 TABLE OF CONTENTS CHAPTER 1—GENERAL PROVISIONS.............................................................................................................3 Article1. Recognition................................................................................................................................3 Article2. Entire Agreement......................................................................................................................3 Article3. Reopener...................................................................................................................................4 Article4. Severability................................................................................................................................4 Article 5. Binding on Successors ...............................................................................................................4 Article6. Notices.......................................................................................................................................4 Article7. Payroll Deductions.....................................................................................................................4 Article8. Association Dues........................................................................................................................5 CHAPTER 2—COMPENSATION......................................................................................................................5 Article9. Salary.........................................................................................................................................5 Article 10. Overtime Compensation .........................................................................................................5 Article 11. Uniform Allowance..................................................................................................................6 Article12. Longevity Pay...........................................................................................................................6 Article13. Bilingual Pay.............................................................................................................................7 Article 14. Educational Incentive Pay........................................................................................................7 Article 15. Peace Officer Standards and Training (POST) Certificate Pay.................................................8 Article16. Standby Duty...........................................................................................................................8 Article17. Call-Back Duty..........................................................................................................................9 Article18. Court Pay.................................................................................................................................9 Article 19. Special Assignments ................................................................................................................9 Article 20. Shift Differential Pay..............................................................................................................10 Article21. Acting Pay..............................................................................................................................10 CHAPTER 3— BENEFITS ...............................................................................................................................11 Article 22. Flexible Benefits Plan.............................................................................................................11 Article23. Retirement.............................................................................................................................12 Article 24. Deferred Compensation........................................................................................................13 Article 25. Employee Life Insurance........................................................................................................14 Article 26. Long-Term Disability(LTD) Plan.............................................................................................14 Article 27. Tuition Reimbursement.........................................................................................................15 Article 28. Cell Phone and Smartphone Stipend.....................................................................................16 [i] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Article 29. Vehicle Allowance..................................................................................................................16 Article 30. Retiree Medical Insurance.....................................................................................................16 Article 31. Retiree Health Savings Plan...................................................................................................17 CHAPTER 4—LEAVES OF ABSENCE..............................................................................................................17 Article32. General Leave........................................................................................................................17 Article 33. Compensatory Time Off........................................................................................................19 Article 34. Administrative Leave.............................................................................................................19 Article35. Holidays.................................................................................................................................20 Article 36. Bereavement Leave...............................................................................................................21 CHAPTER 5—WORKING CONDITIONS.........................................................................................................22 Article37. Attendance............................................................................................................................22 Article38. Work Schedules.....................................................................................................................22 Article39. Shift Trading...........................................................................................................................23 Article 40. Rest Periods and Lunch Breaks..............................................................................................24 CHAPTER 6— EMPLOYER/ EMPLOYEE RELATIONS.....................................................................................24 Article41. Employee Rights....................................................................................................................24 Article 42. Rules of Evidence and Procedure for Employees Removed from Special Assignments .......25 Article 43. Performance Evaluations.......................................................................................................26 Article 44. No Strike/Job Action............................................................................................................26 Article 45. Management Rights ..............................................................................................................27 Article46. Layoffs....................................................................................................................................27 APPENDIX A— HOURLY SALARY RANGES....................................................................................................29 pq DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE OFFICERS ASSOCIATION—POLICE MANAGEMENT REPRESENTATION UNIT WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq. and Section 17 (Employer-Employee Organization Relations) of the Personnel Rules 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 (hereinafter sometimes referred to as TPMA or Association); 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 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 A. The City has previously recognized the Tustin Police Officers Association — Police Management Representation 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. B. The classifications constituting the Police Management Representation Unit are Police Captain, Police Lieutenant and Police Sergeant. Article 2. Entire Agreement 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 MOU shall prevail. [3] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Article 3. Reopener Prior to July 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. Article 4. 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 part hereof. Article 5. 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, sale, transfer or assignment of either party hereto. Article 6. Notices Notices hereunder shall be in writing and, if to TPMA, shall be mailed to President, Tustin Police Officers Association, Post Office Box 1516, Tustin, California 92781; and, if to the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way,Tustin, California 92780. Article 7. 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, including deferred compensation. 3. Contribution to survivor 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. Payment of membership dues and any authorized fees to TPOA. 12. Payment of authorized TPOA deductions. 13. Payment for non-return of uniforms and/or equipment issued. 14. Repayment of unearned Advance Holiday Pay. 15. Other purposes as authorized by the City. [4] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Article 8. Association Dues The Association shall notify the City, in writing, as to the amount of dues uniformly required of all employees who elect to be members of the Association. The City will deduct dues from members of the Association and will remit it to the Association. Association membership dues shall be deducted by the City from the pay checks/direct deposits of such members. It is the Association's responsibility to inform the Human Resources Department as to which members of the bargaining unit are members of the Association. The Association shall inform the Human Resources Department in writing of any changes in the membership status of any Association members. Employee requests to cancel or change deductions shall be directed to the Association. The Association shall indemnify the City for any claims made by an employee for deductions made in reliance on that information. The Association agrees to indemnify, defend, and hold the City and its employees harmless from any claims, demands, expenses, losses, liabilities, and/or damages arising from the operation of this Article. CHAPTER 2—COMPENSATION Article 9. Salary A. Salary ranges for represented classifications are listed in Appendix A. B. Effective the pay period which includes January 1, 2022,employees in the bargaining unit shall receive a two percent (2.0%) base salary increase. C. Effective the pay period which includes January 1, 2023,employees in the bargaining unit shall receive a two percent (2.0%) base salary increase. D. Effective the pay period which includes July 1, 2023, Step G shall be added to the Salary Range. For each classification, Step G shall be five percent (5%) higher than Step F. Any employee who has completed at least one (1) year of service at Step F where the employee has demonstrated overall satisfactory performance, as documented in the employee's performance evaluation, will be eligible to receive a merit increase to Step G effective the pay period that includes July 1, 2023. All other employees will be eligible to advance to Step G in accordance with the existing merit increase process outlined in the Personnel Rules. E. Effective the pay period which includes July 1, 2024, employees in the bargaining unit shall receive a one and one quarter percent(1.25%) base salary increase. Article 10. Overtime Compensation A. Employees in the unit are subject to different work schedules. However, all employees are scheduled to work 160 hours in the 28 day FLSA work period. B. Overtime is subject to pre-approval by the employee's supervisor.The City shall pay Police Sergeants overtime compensation at the rate of time and one-half(1 %)for all hours worked in excess of: [5] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 1. Regularly scheduled hours per shift; or 2. Hours worked on a day the employee is not regularly scheduled to work; or 3. Hours worked in excess of 160 hours in the 28 day FLSA work period. C. General Leave, Compensatory Time Off and Holiday hours paid shall be counted as hours worked in these calculations. D. Overtime paid by this MOU in excess of the requirements of the FLSA (when an employee actually works in excess of 171 hours in the 28-day FLSA work period) is paid at 1.5 times the employee's base hourly rate of pay. E. Overtime paid per the requirements of the FLSA(when an employee actually works in excess of 171 hours in the 28-day FLSA work period) includes base pay plus any additional forms of pay which are provided to employees and required to be included in the FLSA regular rate (i.e., overtime rate). F. Effective September 27, 2021, if a Police Lieutenant works a special event where a third party has contracted with the City for Police Services and the City is being reimbursed by the third party for those services,they will receive overtime compensation paid at one and one half times their base rate of pay. Article 11. Uniform Allowance Employees will be paid a uniform allowance of$429 per year, paid biweekly($16.50 per pay period for 26 pay periods per year) for the purchase, rental and/or maintenance of the required uniforms.The parties agree that for"classic members" as defined by the Public Employees' Pension Reform Act of 2013, this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance. Special motor officer gear and officer public safety leather gear required by the department will be provided. Article 12. Longevity Pay Effective the pay period that includes July 1, 2022, an employee who has been continuously employed by the City of Tustin in any full-time position for between 10 years and 19 years and 364 days shall receive two and one half percent(2.5%)of base salary as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the date of their 10th anniversary of consecutive full-time employment with the City. Effective the pay period that includes July 1, 2022, an employee who has been continuously employed by the City of Tustin in any full-time position for 20 years or more shall receive five percent (5%) of base salary as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the date of their 20th anniversary of consecutive full-time employment with the City. 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)(1) and 571.1(b)(1) as Longevity Pay. [6] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Article 13. Bilingual Pay Unit employees who successfully pass the City's examination for conversational skill in a language other than English (which the Director of Human Resources has approved as being needed for City business) are eligible to receive $100 per month ($46.15 per pay period) ($275 per month ($126.92 per pay period) effective on the first day of the pay period that includes July 1, 2022) as a Bilingual Pay incentive. 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)(4) and 571.1(b)(3) as Bilingual Premium. Individuals are eligible to receive Bilingual Pay at the beginning of the first pay period after Human Resources receives the employee's test score demonstrating conversational proficiency. Should a conflict arise regarding designation of an employee for compensation, proficiency and/or need the Director of Human Resources shall determine who is eligible.The City is responsible for the development and administration of a testing vehicle to determine proficiency. In addition, management will determine where within its discretion bilingual proficiency is necessary in a particular work area and if so will compensate for it. Article 14. Educational Incentive Pay A. Unit employees are eligible to receive Educational 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. B. To apply for Educational Incentive Pay, an employee must be actively at work and provide official documentation of the required degree (associate's, bachelor's, or master's. C. Educational Incentive Pay requirements and amounts are as follows: Degree/Certificate Amount Associate's $250/month ($115.38/pay period) Bachelor's $450/month ($207.69/pay period) Master's $475/month ($219.23/pay period) Police Captains may only receive Educational Incentive Pay for a Master's Degree. They receive$500 per month ($230.77 per pay period). Effective September 27, 2021, Educational Incentive Pay will be as follows for all unit classifications: Degree in Related Field Amount Bachelor's $575/month($265.38/pay period) Master's $600/month($276.92/pay period) Employees who are receiving Educational Incentive Pay for an Associate's degree prior to September 27, 2021, will be grandfathered and will continue to receive the compensation they were receiving ($250.00 per month -$115.38 per pay period) for an Associate's degree. [7] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 D. The parties agree that this is special compensation and shall be reported as such, to the greatest extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational Incentive. Article 15. Peace Officer Standards and Training(POST)Certificate Pay The following provisions are effective on the first day of the pay period that includes January 1, 2022: Employees in the classification of Police Sergeant shall receive ten percent(10%)of base salary for having an Advanced POST Certificate. This pay will begin on the first day of the pay period after the employee provides Human Resources with documentation that the certificate has been earned. Employees in the classification of Police Sergeant and Police Lieutenant shall receive eleven percent(11%) of base salary for having a Supervisory POST Certificate. This pay will begin on the first day of the pay period after the employee provides Human Resources with documentation that the Supervisory POST Certificate has been earned. A Police Sergeant who receives pay for a Supervisory Post Certificate shall no longer receive the pay for having previously obtained the Advanced POST Certificate as the pays are not cumulative. Employees in the classifications of Police Lieutenant and Police Captain shall receive twelve percent(12%) of base salary for having a Management POST Certificate. This pay will begin on the first day of the pay period after the employee provides Human Resources with documentation that the Management POST Certificate has been earned. A Police Lieutenant who receives pay for a Management Post Certificate shall no longer receive the pay for having previously obtained the Supervisory POST Certificate as the pays are not cumulative. 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 Section 571.1(b)(2). Article 16.Standby Duty A. Police Sergeants shall be compensated for Standby Duty at the rate of two (2) hours of straight time for each eight (8) hours required, including Holidays. If an employee is on Standby Duty and the Standby status is canceled,the employee will still receive the full amount of Standby Pay appropriate for the time frame involved. B. 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(a.m. hours)appearances and two (2) hours of straight time for afternoon (p.m. hours) appearances. Effective September 27, 2021, in lieu of pay, employees can choose to accrue two (2) hours of Compensatory Time Off or General Leave for morning (a.m. hours) appearances and two(2) hours of Compensatory Time Off or General Leave for afternoon (p.m. hours) appearances. If a scheduled Standby Duty is canceled and the employee is not advised (either via phone call, voice mail or text message) 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 or voice mail) 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 [8] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 the department of a telephone number where they can be either reached or a message can be left to advise them of a cancellation. C. Effective September 27, 2021, employees assigned to SWAT/CNT shall receive fifty dollars ($50) per pay period for being available for SWAT/CNT services if needed. Article 17. Call-Back Duty In addition to Standby Pay, if any, a Police Sergeant shall receive a minimum of two (2) hours of overtime compensation paid at a time and one-half(1%) rate for any call (fifteen (15) or more minutes beyond the end of his/her shift)which required him/her to return to duty that does not involve a court appearance. Article 18. Court Pay A. Police Sergeants shall be paid at a rate of time and one-half(1%)for actual time spent in City-required court appearances that occur during the employee's off-duty hours. A minimum of two (2) hours of Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. — 12:00 p.m.) and/or a minimum of two (2) hours will be paid for court appearances scheduled in the afternoon (12:00 p.m.—5:00 p.m.). B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for the same time period. Article 19. Special Assignments A. The Police Chief has sole discretion to determine which Police Sergeants shall receive a special assignment. Employees assigned to the following special assignments (or successor titles) listed below shall (effective September 27, 2021) receive, in addition to their regular compensation, premium pay in the amount of three percent (3.0%) of base salary for performing in such special assignments; provided, however,that at no time may an employee receive more than one (1) special assignment pay premium. 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)(4). 1. Criminal Investigations Unit (Detective Division Premium) 2. Gang Reduction and Directed Enforcement(GRADE) Unit (Gang Detail Assignment Premium) 3. Professional Standards Division (Police Administrative Officer) 4. Traffic Unit(Traffic Detail Premium) 5. Community Resources Unit (Police Liaison Premium). B. Effective the pay period that includes July 1, 2023, employees in the assignments of Criminal Investigations Unit(#1), GRADE Unit(#2), and Traffic Unit(#4)who completed the special assignment (or left the special assignment after serving at least three (3) years) shall receive additional compensation in the amount of two percent(2%)of base salary. Employees who were removed from the above-referenced assignments on or after the first day of the pay period that includes July 1,2021, qualify for this additional compensation. [9] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 C. The City has the absolute discretion regarding the assignment and reassignment of Police Sergeants to special assignments. Any such assignment is not vested and may be revoked at any time and any appeal required by Section 3304(b) of the California Government Code shall be governed by Article 42 of this MOU (Rules of Evidence and Procedure for Employees Removed from Special Assignments). 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. Article 20. Shift Differential Pay Unit employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at 6:00 a.m. the following day) or to a shift where all hours worked falls between the hours of 6:00 p.m. — 6:30 a.m. shall receive $100 per month ($46.15 per pay period) for each month worked on said shift. In addition, employees who are assigned to the GRADE unit shall receive shift differential pay in recognition of their variable shift schedule. 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)(4) and 571.1(b)(3) as Shift Differential. This differential is designed to compensate the employee for the inconvenience of working this particular shift. Effective the first day of the pay period that includes July 1, 2022, this pay also applies to employees who are assigned to Squad 7 (a hybrid schedule that includes day cover and graveyard) and the pay shall increase to $125 per month ($57.69 per pay period). Article 21.Acting Pay An employee assigned to temporarily work in a higher classification will receive Acting Pay of 5% of base pay. This rate will be paid effective the beginning of the first full pay period in which the employee serves in the Acting assignment. If a Police Sergeant who is receiving Acting Pay is required to work overtime performing Sergeant-level duties,the employee is entitled to overtime compensation for these additional hours but shall not receive the 5% Acting Pay for those hours. If the Police Sergeant is required to work overtime performing Lieutenant-level duties, the employee is not entitled to any additional compensation for these additional hours. 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. 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 only reportable to CalPERS as special compensation for those who qualify as classic members as described by the Public Employees' Pension Reform Act of 2013 — PEPRA. 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. [10] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 CHAPTER 3—BENEFITS Article 22. 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 per month 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. The Flexible Benefits contribution per month per eligible employee is $1,525 per month per eligible employee. C. Effective the pay period that includes October 1, 2021, the Flexible Benefits contribution per month per eligible employee will be $1,525 per month per eligible employee choosing Employee Only or Employee + 1 Dependent coverage. For employees choosing Employee + 2 or more Dependents coverage the Flexible Benefits contribution per month per eligible employee will be$1,575 per month. D. Effective the pay period that includes July 1, 2022, for employees choosing Employee + 2 or more Dependents coverage the Flexible Benefits contribution per month per eligible employee will be $1,625 per month. E. Effective the pay period that includes July 1, 2023, for employees choosing Employee + 2 or more Dependents coverage the Flexible Benefits contribution per month per eligible employee will be $1,675 per month. F. Effective the pay period that includes July 1, 2024, for employees choosing Employee + 2 or more Dependent coverage the Flexible Benefits contribution per month per eligible employee will be$1,725 per month. G. 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). H. 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: [11] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 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. I. 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 23. Retirement A. All employees covered under this Agreement shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS, as amended. B. Employees first hired by the City as Local Safety Members prior to January 1, 2012 shall be provided the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2. 1. These employees are responsible for paying the employee contribution of 9%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 basis. 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 twelve percent (12%). 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 an amount equal to the value of this three percent(3%) cost sharing. 3. 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). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. [12] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 C. Employees first hired by the City as Local Safety Members on or after January 1, 2012, excluding any individuals defined as"new members" by the Public Employees' Pension Reform Act(PEPRA)of 2013, shall be provided the CalPERS 2% @ 50 retirement formula. 1. These employees are responsible for paying the employee contribution of 9% through a pretax 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. 2. These employees are 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 twelve percent(12%). If,at anytime 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 an amount equal to the value of this three percent(3%) cost sharing. 3. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024 (Military Service Credit as Public Service). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. 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. D. Employees 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 2.7% @ 57 plan for Local Safety 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 13.00%. 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. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024 (Military Service Credit as Public Service). The employee is responsible for paying the employee portion of the 1959 Survivor benefit premium. 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). Article 24. Deferred Compensation For each Police Sergeant and Police Lieutenant,the City shall contribute 2%of the employee's base salary to a Section 401(a)deferred compensation plan. It is the responsibility of each employee to complete the necessary paperwork and take required steps to enroll in the plan. Should an employee fail to enroll,the City is under no obligation to make retroactive contributions on behalf of said employee. Employees hired [13] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 into this unit shall be provided with notification of the deferred compensation program, including the amount of employer contributions, during employee orientation. Employees also have the option of voluntarily contributing to a Section 457(b) deferred compensation plan. Employees are permitted to contribute to their 457(b) deferred compensation account up to the maximum permitted by law based on their age. Article 25. Employee Life Insurance A. The City will provide life insurance for each employee and pay the required premiums. The death benefit of said insurance shall be equal to one hundred and seventy five thousand dollars ($175,000) for Police Sergeants and Police Lieutenants. For Police Captains the death benefit of the policy is two hundred thousand dollars ($200,000). The City will also provide$1,000 per dependent of dependent life insurance. B. The City shall also make available, at the employee's option, a supplemental life insurance policy.The premium of the supplemental policy shall be paid by the employee. Article 26. Long-Term Disability(LTD) Plan A. The parties agree that the TPOA-provided Long-Term Disability (LTD) Insurance Plan specifically for sworn police personnel shall continue in full force and effect during the term of this MOU unless changed by the mutual agreement of the City and the Association. B. The City will contribute$20.50 per month per unit employee to the TPOA LTD Fund. C. In addition to provisions of the TPOA LTD Plan,the City will provide a supplemental benefit during the initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days. 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 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. 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 (General Leave or Compensatory Time Off) to enable him/her to receive an amount equivalent to no more than 100% of his/her pre-disability earnings. D. Provided an employee is eligible for FMLA/CFRA leave, Flexible Benefits will be continued for ninety days of a disability leave and such time will be counted towards satisfying Federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) requirements. E. Eligibilityfor City benefits provided in Parts C and D of this Article is conditioned upon the City's receipt of proof of disability. [14] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Article 27.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 made for tuition fees,textbooks, lab fees,and/or required supplies, upon completion of the course with a satisfactory grade (a grade of "C" or better) 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 course. 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 twelve months 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. a. Personal computers, internet service, transportation expenses, and other related expenses are not considered to be "required supplies" that must be purchased in order to complete an educational program and therefore these items are generally not eligible for reimbursement under the Tuition Reimbursement program. However, if an employee purchases a personal computer specifically for use in a degree program (Bachelor's degree, Master's degree, or other approved advanced degree) for which tuition reimbursement has been approved by the City, the employee may request to receive a one-time reimbursement of up to $500 after providing the City with proof of completion of the degree program and receipt of the degree in addition to proof of purchase of the computer. This reimbursement for up to $500 shall be counted towards the maximum reimbursement benefit provided in paragraph 3 above. 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 Police Chief, 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. [15] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Article 28. Cell Phone and Smartphone Stipend A. Police Sergeants are eligible for cell phone stipend of$12 per pay period ($26 per month) and Police Captains and Lieutenants are eligible for a smart phone stipend of$21 per pay period ($45 per month) which is taxable income. B. The stipend is designed to contribute to an employee's cell/smart 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 29. Vehicle Allowance Police Lieutenants receive a vehicle allowance of $150 per month ($69.23 per pay period) (effective September 27, 2021 this amount is increased to $250 per month ($115.38 per pay period)) or, in the alternative, a take home vehicle. Police Captains receive a vehicle allowance of $400 per month ($184.62 per pay period) or, in the alternative, a take home vehicle. Article 30. Retiree Medical Insurance A. The City will reimburse eligible Police Sergeants and Lieutenants up to a maximum of$350 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 per month for calendar year 2021, and a yet to be determined amount for subsequent calendar years). Police Captains who are eligible for this benefit are eligible to be reimbursed up to $350 per month plus that year's annual minimum contribution under PEMHCA. 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 CalPERS 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. [16] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Article 31. 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 32. 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 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. The Chief of Police may annually grant an additional eight(8) hours of General Leave to each employee whose performance is satisfactory. This may occur one time per calendar year. C. 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 eighty(80) 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. [17] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 D. Each employee is responsible for managing his/her General Leave bank. Employees wishing to stay below the General Leave cap are encouraged to regularly monitor their leave accrual balances that are provided on each biweekly paycheck, provide the department with as much advance notice as possible when requesting to use General Leave for time off, be flexible when requesting to take time off during periods of heavy usage or staffing shortages, and take advantage of the General Leave cash out program. The department will not unreasonably deny an employee's request to use General Leave. Supervisors will be fair and reasonable in reviewing employee requests to use General Leave and will balance the wishes of the employee with the operational and safety needs of the department and the efficient use of the City's resources. If an employee requests to take time off using General Leave and has not fully used the General Leave cash out program,the fact that an employee is at his/her General Leave accrual cap shall not be cause for the department to automatically grant the employee's request to use General Leave. E. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the maximum. Upon separation from City service the employee will be paid for unused General Leave, not to exceed the maximum of two (2)years entitlement, at the employee's then current base salary rate. Should an employee request to use General Leave in accordance with department procedures and be denied the use of leave which will result in the employee reaching his/her maximum accrual cap, the Director of Human Resources will be notified to facilitate an agreeable remedy for both parties. F. 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. G. Advanced General Leave is available under the following provisions: 1. A unit member requests a leave of absence for a "serious health condition"as that term is defined under the FMLA/CFRA for him or herself, a child, parent, spouse or registered domestic partner; and 2. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave accrued; and 3. The employee exhausts his/her General Leave accrual;then 4. Upon request of the employee,the City will grant an advance of one-hundred twenty(120) hours of General Leave for use in conjunction with the serious health condition (as defined above). The Advanced General Leave must be repaid to the City once an employee returns to work.Advanced General Leave will be repaid by transferring newly accrued General Leave back to the City until full repayment of the leave has been returned. However, should an employee request and receive Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic leave donation bank to the City prior to providing the employee use of the donated hours. H. On the first pay period of each calendar year,each employee shall have one(1) hour of General Leave reduced from their General Leave bank and added to a bank for use by the TPOA Board. The TPOA [18] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Board shall notify the Human Resources Department when donated General Leave hours will be used by employees in the bargaining unit. Article 33. Compensatory Time Off A. In lieu of receiving cash payment for overtime, a Police Sergeant may elect to be credited with Compensatory Time Off at the rate of time and a half, subject to a maximum accrual of one hundred (100) hours. B. 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. The time during which an employee may take Compensatory Time Off shall be subject to approval by the Chief of Police or designee with due regard for the wishes of the employee and for needs of the service. However, an employee wishing to use his/her accrued Compensatory Time Off shall provide the City with reasonable notice of such request. Reasonable notice is defined as two calendar weeks. 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. A request to use Compensatory Time Off without 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 promotes to Police Lieutenant or moves to a position no longer represented by TPMA, an employee shall be compensated for all accrued Compensatory Time Off at his/her regular rate of pay. Article 34.Administrative Leave A. As exempt employees under the Fair Labor Standards Act (FLSA), Police Captains and Police Lieutenants are compensated for meeting the requirements and performing the duties of their job regardless of the number or scheduling of hours worked. In lieu of overtime compensation, the City shall provide Police Captains and Police Lieutenants with an annual credit of forty (40) hours of paid Administrative Leave each January. B. During the first calendar year of employment, Police Captains and Police Lieutenants shall be granted a prorated share of Administrative Leave at time of appointment, with the amount dependent upon the employee's hire date as follows: Hire Date Administrative Leave 1st Quarter(January—March) 40 hours 2nd Quarter(April—June) 30 hours 3rd Quarter(July—September) 20 hours 4th Quarter (October—December) 10 hours C. Each January, subject to guidelines established by the City Manager, the Chief of Police may grant each Police Captain and Police Lieutenant up to an additional forty(40) hours of Administrative Leave, based on the individual's prior year's job performance and his/her commitment of time dedicated to [19] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 City business in excess of his/her regular work schedule. An employee whose performance is in need of improvement, pursuant to a performance evaluation or performance improvement plan, is not eligible to receive additional Administrative Leave. After the conclusion of the first calendar year of employment, Police Captains and Police Lieutenants shall eligible for a prorated share of additional Administrative Leave, in accordance with the same guidelines as those governing the initial granting of Administrative Leave at time of appointment, as specified in this Article (e.g. an employee hired in the 3rd Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in January of Year 2). D. The accrual of Administrative Leave is limited to a maximum of eighty(80) hours at any time. Granting a request to use Administrative Leave is within the discretion of the Chief of Police. Article 35. Holidays A. The following Holidays are observed by the City: 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 occurs on a Sunday, the following Monday will be observed instead and when a Holiday occurs on a Saturday, the preceding Friday will be observed instead. C. 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 Chief of Police, require that the time be taken at some other date the time off will be taken on the scheduled Holiday. If the Holiday hours paid on a Holiday or substituted day off are less than the employee's regularly scheduled hours,the employee may use accrued Compensatory Time Off or General Leave to ensure that hours paid will be the same as would regularly be paid for the day. D. Except as provided for below in subparagraph D1 and D2, in December of each year, each regular and promotional probationary Police Sergeant and Police Lieutenant will be granted Advance Holiday Pay, 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 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 [20] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 Period 25 of each year, the Advance Holiday Pay shall be made in two installments, fifty-four (54) hours in January (January — September holidays) and fifty-four (54) hours in October (October — December holidays). 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 status immediately before or after the 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. 2. Exception: If at the time Advance Holiday Pay is being processed, the employee has submitted a written resignation letter to the Human Resources Department with a separation date in the upcoming calendar year,the employee will only receive Advance Holiday Pay for the holidays that will occur prior to the employee's separation date, as noted on the resignation letter. If the employee's circumstances change and the employee remains employed and in fully paid status beyond the separation date documented in the resignation letter, the employee will be paid for any additional holidays in that calendar year as they occur. E. Newly hired probationary employees are not eligible for Advance Holiday Pay and will be paid for each Holiday as it occurs. F. The parties agree that Holiday Pay is additional compensation 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 and shall, to the extent legally permissible, be reported as special compensation pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4). Article 36. Bereavement Leave The City will allow up to fifty(50) hours of paid leave for the purpose of Bereavement Leave 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 employee's spouse/registered domestic partner. Bereavement Leave is intended to allow time for an employee to mourn 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. [21] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 CHAPTER 5—WORKING CONDITIONS Article 37.Attendance A. All bargaining unit employees shall be in attendance at work in accordance with the 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 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 manner may be considered absence without leave. A deduction of pay may be made for the duration of any absence without leave. Upon return to work, such absence shall be justified to the department head who shall consider the need for disciplinary action or to approve the absence as unavoidable and allow the employee to make up the lost time or cover it with General Leave. C. Absence from work without approved leave and without reasonable cause for three (3) consecutive scheduled work days may be cause for immediate discharge. D. If an employee has a leave of absence without pay in excess of thirty (30) calendar days, continuous service shall be considered interrupted for purposes of advancement within a salary range. Absence with pay shall not be considered an interruption of an employee's continuous service and shall not be deducted in computing total city service time. Article 38. Work Schedules A. Police Lieutenants and Police Sergeants work schedules under Section 207(k) of the Fair Labor Standards Act(FLSA). Police Lieutenants are exempt from overtime except as specifically provided in Article 10.F. Police Captains are exempt from all overtime. B. Department work schedules include: 1. The 4/10 work schedule. In each seven (7) calendar day period, the employee works four 10- hour days where the scheduled work shift commences and ends at the same time each day followed by three consecutive days off. 2. The 3/12.5 work schedule. In each seven (7) calendar day period, the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each day and is followed by four consecutive days off. During the 28 daywork period,the employee must work one additional 10-hour shift. C. Individual changes to the work schedule described above will be upon mutual agreement between the department and the employee. D. The department will select shifts as follows: 1. The City is divided into two (2) separate patrol areas—North and South. [22] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 2. Patrol Sergeants will select shifts by seniority twice a year from either the North or South area. Generally, Patrol Sergeants will be limited to 24 consecutive months on any shift assignment (day shift, cover shift or nightshift). Based on departmental needs, a Patrol Sergeant may be allowed to extend beyond the 24 consecutive month rotation. 3. Based on departmental needs,shift assignments may be reserved for probationary Sergeants. The remaining shifts will be selected by patrol area by seniority. In the event that there is only one probationary Sergeant and a significant balance of seniority, this option may not be exercised. 4. If a Sergeant assigned to a special assignment returns to patrol in conjunction with shift selection, he/she will be allowed to sign up by seniority. If a Sergeant assigned to a Special Assignment returns to patrol, at a time other than at shift selection, he/she will be assigned to a patrol area and shift based on the staffing needs of the department. The Chief of Police will maintain ultimate control of scheduling per the needs of the agency. 5. If at the time of shift signups an employee is off work on a medical leave of absence without a documented return-to-work date from his/her primary treating physician, he/she will not be permitted to select a shift for the upcoming deployment period. However, if an employee is off work on a medical leave of absence and has presented the City with a documented full duty return-to-work date that is no more than 30 days beyond the start of the upcoming deployment period, he/she will be permitted to select a shift at the time of shift signups. E. Employees assigned to special task forces or regional teams will work the hours the team works. F. Employees may have their work schedules changed to accommodate training assignments which are eight (8) or more hours in duration. Article 39. Shift Trading Police Sergeants have the right to trade shifts with their colleagues 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 period. They must fall within the same 28 day work period. 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 [23] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 deducted. For example, if Police Sergeant A agrees to work the shift for Police Sergeant B and prior to the shift, Police Sergeant A calls in sick and does not work the shift, Police Sergeant A's General Leave is deducted and Police Sergeant B gets credit for the shift. Article 40. Rest Periods and Lunch Breaks A. All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their work shift. The scheduling of the rest breaks shall be the responsibility of the employee's supervisor. B. 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. CHAPTER 6—EMPLOYER/EMPLOYEE RELATIONS Article 41. Employee Rights As the recognized representative of the employees covered by this MOU the City acknowledges and recognizes the following employee rights: 1. TPMA 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. TPMA shall be afforded the use of department bulletin boards for the posting of notices, updates, meeting minutes and other material related to TPMA business. 3. TPMA shall be afforded the reasonable use of department copy machines. 4. Upon notice and subject to availability the City shall allow TPMA the use of City facilities including meeting rooms for TPMA membership, Board of Directors and committee meetings. 5. TPMA representatives shall be allowed reasonable paid release time for preparation for and attendance at meetings with management related to the meet and confer process and labor relations matters. 6. All bargaining unit members shall have the right to representation by TPMA in processing grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with TPMA representatives for discussion and consultation on grievances and disciplinary appeals. If a grievance is filed (by either an employee or the Association)as authorized by the City of Tustin Personnel Rules in Section 11, the employee or the Association shall file the grievance within thirty(30) days from the date of the act or omission which gave rise to the grievance. The grievance procedure is the exclusive method for alleging a violation of a provision of this MOU. The employee may assert that the alleged violation has been occurring for more than thirty (30) days. [24] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 7. TPMA 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 TPMA free from interference, intimidation, coercion, or discrimination. 9. TPMA shall have the right to distribute a reasonable amount of association information and newsletters at the job site. 10. TPMA representatives shall have the right to reasonable use of department telephones and e- mail for the discussion of TPMA business. 11. TPMA representatives and consultants shall have the right of reasonable access to the workplace. 12. TPMA representatives may be granted time off using General Leave or other leave for labor relations training. 13. All other rights and privileges currently in effect or which may be enacted in the future pursuant to State or Federal law. Article 42. Rules of Evidence and Procedure for Employees Removed from Special Assignments Any Police Sergeant removed from a special assignment who loses Special Assignment Pay for non- disciplinary reasons may file a written appeal with the City Manager within 10 days of receiving notice of removal, in accordance with the following: 1. Hearings shall be conducted by the City Manager or his/ her designee. 2. The question to be decided is whether the City abused its discretion in removing the Police Sergeant from the Specialty Pay position. 3. Formal rules of evidence and procedure that may be applicable in a court of law shall not apply to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of evidence that responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any judicial rule which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but shall not be sufficient by itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be applicable to the same extent that they are recognized in civil actions. 4. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross- examine opposing witnesses. If the employee does not testify his or her own behalf,the employee may be called and examined as if under cross-examination. 5. Testimony shall be recorded by means of either a tape recording or certified court reporter. [25] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 6. Witness shall be sworn unless both parties stipulate otherwise. 7. Written declarations made under penalty of perjury shall be admissible, provided, however, that declarants shall be made available for testimony at the request of the party against whom the declaration is offered. 8. The Police Sergeant appealing the removal from the Specialty Assignment Pay position has the burden of proof. The standard of proof is a preponderance of the evidence. The City shall present its case first. During the presentation of the City's case,the Sergeant shall have the right to cross- examine any witness called to testify by the City. During the presentation of the Sergeant's case, the City shall have the right to cross-examine any witness called by the employee to testify. 9. Both parties shall have the right to counsel. The employee may be represented by the applicable employee organization representative. 10. Both parties shall have the right to present an opening argument prior to the presentation of any evidence and a closing argument after the presentation of all evidence. 11. The City Manager, or his/her designee, shall decide all questions of procedure and evidence. 12. The City Manager, or his/her designee, shall issue a written decision within 30 days of 1) the conclusion of the hearing, or 2) the receipt of post-hearing briefs if such briefs are requested by the City Manager or his/her designee. 13. The decision of the City Manager shall be final and binding. If the City Manager chooses to designate a hearing officer, that hearing officer will make a recommendation based on written findings to the City Manager, whose decision shall be final and binding. 14. Any objection to the City Manager, or his/her designee, on the grounds of bias, must be made in writing, stating the reasons therefore, by delivering of the writing to the City Manager no later than five (5) days prior to the date of the hearing. Article 43. Performance Evaluations An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 44. 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. [26] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 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. Article 45. Management Rights 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: 1. The right to temporarily suspend the provisions of this MOU 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 this MOU, 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. 2. The right to determine staffing and 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 contract or sub-contract services and/or work. 4. 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. 5. The right to modify the performance evaluation form. 6. The right to modify and update class specifications. Article 46. Layoffs The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU by reference. [27] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 IN WITNESS WHEREOF, the parties hereto have executed this document this 7" day of September 2021. FOR THE CITY OF TUSTIN FOR THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT Matthew West, City Manager Robert Nelson, President Derick Yasuda, Director of Human Resources Michael Van Cleve, Sergeant Representative Nicole Bernard, Assistant City Manager Ryan Coe, Lieutenant Representative Karyn Roznos, Senior Management Analyst Robert M. Todd, Stone Busailah, LLP Peter J. Brown, Liebert Cassidy Whitmore [28] DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 TPMA MOU 2021-25 APPENDIX A-HOURLY SALARY RANGES Effective the pay period that includes July 1, 2020 Classification Step A Step B Step C Step D Step E Step F Police Captain 74.55 78.37 82.38 86.61 91.04 95.58 Police Lieutenant 63.03 66.26 69.65 73.22 76.97 80.82 Police Sergeant 52.79 55.50 58.34 61.32 64.46 67.69 Effective the pay period that includes January 1, 2022 Classification Step A Step B Step C Step D Step E Step F Police Captain 76.04 79.94 84.03 88.34 92.86 97.49 Police Lieutenant 64.29 67.59 71.04 74.68 78.51 82.44 Police Sergeant 53.85 56.61 59.51 62.55 65.75 69.04 Effective the pay period that includes January 1, 2023 Classification Step A Step B Step C Step D Step E Step F Police Captain 77.56 81.54 85.71 90.11 94.72 99.44 Police Lieutenant 65.58 68.94 72.46 76.18 80.08 84.09 Police Sergeant 54.92 57.74 60.70 63.80 67.06 70.42 Effective the pay period that includes July 1, 2023 Classification Step A Step B Step C Step D Step E Step F Step G Police Captain 77.56 81.54 85.71 90.11 94.72 99.44 104.41 Police Lieutenant 65.58 68.94 72.46 76.18 80.08 84.09 88.29 Police Sergeant 54.92 57.74 60.70 63.80 67.06 70.42 73.95 Effective the pay period that includes July 1, 2024 Classification Step A Step B Step C Step D Step E Step F Step G Police Captain 78.53 82.56 86.78 91.24 95.90 100.68 105.72 Police Lieutenant 66.40 69.80 73.37 77.13 81.08 85.14 89.39 Police Sergeant 55.61 58.46 61.46 64.59 67.90 71.30 74.87 [29]