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Home My WebLink About11 MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION AND THE TUSTIN POLDocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F Agenda Item 11 _f Reviewed: DS AGENDA REPORT City Manager Finance Director 9 MEETING DATE: NOVEMBER 7, 2023 TO: NICOLE BERNARD, ACTING CITY MANAGER FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION AND THE TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION SUMMARY Adoption of the attached Resolutions and Memoranda of Understanding (MOU) will authorize terms and conditions of employment for employees in classifications represented by the Tustin Police Support Services Association (TPSSA) and the Tustin Police Support Services Management Association (TPSSMA) in accordance with City Council direction. RECOMMENDATION Adopt Resolution No. 23-52 and Resolution No. 23-53 amending the City's Classification and Compensation Plans, approving an extended Memorandum of Understanding with TPSSA for the period of July 1, 2021 through June 30, 2027, and approving an extended Memorandum of Understanding with TPSSMA for the period of July 1, 2021 through June 30, 2027. FISCAL IMPACT The provisions of these agreements will result in an additional cost of approximately $250,476 in Fiscal Year 2023-24. By the end of the contract term, the additional ongoing cost to the City is estimated to be $1,181,073. Currently, Staff is not requesting any supplemental budget appropriations associated with this action. Any supplemental budget appropriations will be incorporated with the mid -year budget process, which will be presented to the City Council in February 2024. BACKGROUND AND DISCUSSION TPSSA is the employee association that represents employees in civilian job classifications that support the operations of the Police Department, such as Police Communications Officers, Police Records Specialists, Police Services Officers, and Property and Evidence Specialists. TPSSMA is the employee association that represents employees in civilian supervisory and management job classifications that DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F City Council Agenda Report November 7, 2023 MOU with TPSSA and TPSSMA Page 2 support Police operations, including Police Support Services Supervisors and Police Support Services Managers. In accordance with the Meyers-Milias-Brown Act (MMBA), the City is required to meet and confer in good faith with represented employee organizations on wages, hours and other terms and conditions of employment. The agreement that results from labor negotiations is commonly known as a Memorandum of Understanding (MOU). In 2021, the City negotiated three-year MOUs with both TPSSA and TPSSMA, which were due to expire on June 30, 2024. However, in December 2022, TPSSA and TPSSMA notified the City they wanted to re -open their contracts, primarily due to significant concerns about recruitment, retention, and inflation. A reopener clause in a contract allows one party to obligate the other party to bargain over changes to terms and conditions of employment during the term of an existing MOU. In contrast, typical labor negotiations involve bargaining over terms to be implemented after the expiration of the current MOU. Since 2010, the City has included a broad reopener provision in all of our MOUs, which either party could invoke up to halfway through the contract. Until this past December, neither the City nor any association had reopened any of our MOUs. The City began preparations for these re -opener labor negotiations in January 2023. After months of research and numerous meetings with the City Council, the City's labor negotiators began formally meeting and conferring with TPSSA and TPSSMA in August 2023. On October 19, 2023, the City and both associations reached tentative agreements (TAs) that extend the existing MOUs by an additional three years, from an original expiration date of June 30, 2024 to a new expiration date of June 30, 2027, subject to ratification by the TPSSA and TPSSMA membership. Association leadership notified the City on October 26, 2023 that the TPSSA and TPSSMA members have unanimously approved the TAs. While the City Council has already authorized the terms in these new MOUs, they must now be formally adopted via City Council Resolution to conclude the labor negotiations process and allow staff to implement the terms of the MOUs. The key provisions of the extended MOUs include additional base salary increases of 1.75%, 4%, 3%, and 3% (effective July 1 in 2023 (Year 1), 2024 (Year 2), 2025 (Year 3), and 2026 (Year 4), respectively). A new top step (Step G) in the salary range of all classifications and Longevity Pay will also be added in Year 1 and internal equity adjustments will be implemented in Year 2. The City will increase Flexible Benefits contributions (for health, dental, and other insurance) by $150 per month in Years 2-4 for employees who enroll in the Employee + 1 and Employee + 2 tiers of the City's health insurance plan. Other changes include, but are not limited to, the addition of Peace Officer Standards and Training (POST) Certificate Pay and Crime Scene DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F City Council Agenda Report November 7, 2023 MOU with TPSSA and TPSSMA Page 3 Investigation (CSI) Pay, modifications to Special Assignment Pay and Training Pay, and other revisions to update the contract language to clarify and streamline policies and procedures and ensure compliance with the law. Finally, the re -opener clause has also been eliminated in this extended MOU, so neither party can obligate the other party to re -open this contract. The City is pleased to have multi -year agreements with both TPSSA and TPSSMA that will provide stability and labor peace for the next several years and that all parties believe will improve recruitment, retention, and employee morale. DocuSigned by: D r 02P'�9�d Director of Human Resources Attachments: 1. City Council Resolution No. 23-52 2. MOU between the City and TPSSA for the period July 1, 2021 through June 30, 2027 3. City Council Resolution No. 23-53 4. MOU between the City and TPSSMA for the period July 1, 2021 through June 30, 2027 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F RESOLUTION NO. 23-52 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, 2027, as more particularly set forth in the attached Memorandum of Understanding: NOW, THEREFORE, BE IT RESOLVED: 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. II. This Resolution shall become effective on July 1, 2021, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. Resolution 23-52 Page 1 of 2 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7t" day of November 2023. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: ;�d�� DA4V81FIXIFNDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica 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. 23-52 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of November 2023, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 23-52 Page 2 of 2 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE SUPPORT SERVICES ASSOCIATION TERM: July 1, 2021—June 30, 2027 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 TABLE OF CONTENTS CHAPTER 1— GENERAL PROVISIONS.............................................................................................................3 Article1. Recognition................................................................................................................................3 Article 2. Represented Classes..................................................................................................................3 Article3. Entire Agreement......................................................................................................................4 Article4. Severability................................................................................................................................4 Article 5. Binding on Successors...............................................................................................................4 Article6. Notices.......................................................................................................................................4 Article7. Payroll Deductions.....................................................................................................................4 CHAPTER 2 — COMPENSATION......................................................................................................................5 Article8. Salary.........................................................................................................................................5 Article 9. Overtime Compensation...........................................................................................................7 Article10. Uniforms..................................................................................................................................7 Article11. Longevity Pay...........................................................................................................................7 Article 12. Bilingual Compensation...........................................................................................................8 Article 13. Educational Incentive Pay........................................................................................................8 Article 14. Peace Officer Standards and Training (POST) Certificate Pay.................................................9 Article15. Standby Duty...........................................................................................................................9 Article16. Call Back Duty..........................................................................................................................9 Article17. Special Assignments..............................................................................................................10 Article 18. Tactical Dispatcher Stipend...................................................................................................12 Article 19. Shift Differential Pay..............................................................................................................12 Article20. Acting Pay..............................................................................................................................12 Article21. Training Pay...........................................................................................................................12 Article 22. Crime Scene Investigation (CSI) Pay......................................................................................13 Article 23. Classification Review.............................................................................................................14 CHAPTER 3 — BENEFITS...............................................................................................................................14 Article 24. Flexible Benefits Plan.............................................................................................................14 Article25. Retirement.............................................................................................................................16 Article 26. Employee Life Insurance........................................................................................................17 Article 27. Short -Term / Long -Term Disability Insurance.......................................................................17 Article 28. Tuition Reimbursement.........................................................................................................18 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Article 29. Cell Phone Stipend.................................................................................................................19 Article 30. Retiree Medical Insurance.....................................................................................................19 Article 31. Retiree Health Savings Plan...................................................................................................20 CHAPTER 4 — LEAVES OF ABSENCE..............................................................................................................20 Article32. General Leave........................................................................................................................20 Article 33. Compensatory Time Off........................................................................................................21 Article34. Holidays................................................................................................................................. 22 Article 35. Bereavement Leave...............................................................................................................23 Article36. Jury Duty Leave......................................................................................................................24 CHAPTER 5 — WORKING CONDITIONS.........................................................................................................24 Article37. Work Schedules.....................................................................................................................24 Article38. Shift Trading...........................................................................................................................25 Article39. Attendance............................................................................................................................ 25 Article40. Rest Periods...........................................................................................................................26 Article41. Paid Lunch Break...................................................................................................................26 CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................26 Article42. Employee Rights.................................................................................................................... 26 Article 43. Appeals and Hearings............................................................................................................27 Article 44. Grievance Procedure.............................................................................................................30 Article 45. Performance Evaluations.......................................................................................................33 Article 46. Membership Meetings..........................................................................................................33 Article 47. No Strike / Job Action............................................................................................................ 33 Article48. Management Rights..............................................................................................................34 Article49. Layoffs....................................................................................................................................34 APPENDIX A— HOURLY SALARY RANGES....................................................................................................36 APPENDIX B — POLICE SERVICES OFFICER CLASSIFICATION SERIES PROMOTIONS.....................................41 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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: Management Analyst I —TPSSA Management Assistant — TPSSA Police Communications Lead (3/12.5) Police Communications Officer 1/11 (3/12.5) Police Fleet Coordinator Police Records Lead (4/10) Police Records Lead (3/12.5) Police Records Specialist (4/10) [31 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. 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 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, transfer or assignment of either party hereto. Article 6. 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. 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. 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. [4) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. Deferred compensation. 14. Other purposes as may be authorized by the City. CHAPTER 2 — COMPENSATION Article 8. Salary Unit employees are placed on a salary schedule consisting of seven 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. Effective the pay period which includes July 1, 2023, Step G shall be added to the salary range for all classifications in the bargaining unit. 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 which includes July 1, 2023. All other employees will be eligible to advance to Step G after one (1) year of service at Step F, in accordance with the existing merit increase process outlined in the Personnel Rules. F. Effective the pay period which includes July 1, 2023, employees in the bargaining unit shall receive a one and three-quarter percent (1.75%) base salary increase. G. Effective the pay period which includes July 1, 2024, employees in the bargaining unit shall receive a three percent (4%) base salary increase. H. Effective the pay period which includes July 1, 2025, employees in the bargaining unit shall receive a three percent (3%) base salary increase. I. Effective the pay period which includes July 1, 2026, employees in the bargaining unit shall receive a three percent (3%) base salary increase. [5) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 J. Internal Equity Adjustments Effective the pay period which includes July 1, 2024, the City will make additional adjustments to the salary range of the following classifications to increase the differential between levels in the classification series: 1. Police Communications Officer II: increase base salary to 10% above the base salary of Police Communications Officer I. 2. Police Communications Lead: increase base salary to 10% above the base salary of Police Communications Officer 11. 3. Police Services Officer II (3/12.5): increase base salary to 10% above the base salary of Police Services Officer 1 (3/12.5). 4. Police Services Officer II (4/10): increase base salary to 10% above the base salary of Police Services Officer 1 (4/10). 5. Police Services Officer III (3/12.5): increase base salary to 10% above the base salary of Police Services Officer II (3/12.5). 6. Police Services Officer III (4/10): increase base salary to 10% above the base salary of Police Services Officer II (4/10). K. Promotions within Flexibly Staffed Classification Series 1. Police Services Officer 1/11/III is a flexibly staffed classification series. Promotions within this classification series are discussed in Appendix B. 2. Police Communications Officer 1/11 is a flexibly staffed classification series. Positions at the Police Communications Officer II level are normally filled by advancement from the lower -level classification of Police Communications Officer I. Appointment at the higher level requires confirmation that the employee meets the minimum qualifications of the classification, organizational need, and adequate funding. Upon recommendation of the Police Chief, and confirmation of the employee's qualifications for Police Communications Officer 11, promotions to Police Communications Officer II will be processed after Human Resources receives the corresponding Personnel Action Form (PAF), effective at the start of the earliest possible pay period that does not require a retroactive adjustment. 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 the flexibly staffed classification of Police Communications Officer II is not required to serve a promotional probationary period. L. Special Salary Adjustments Upon the recommendation of the Police Chief, the City Manager may adjust the salary of an employee to any step within the salary range of their classification. A special salary adjustment will only be In DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 approved in limited circumstances, such as to retain an employee who has received a confirmed offer of employment from another employer, to correct gross inequities, or to reward outstanding achievement and performance. Article 9. 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. Standby Duty hours 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). E. Employees may receive Compensatory Time Off in lieu of overtime compensation, subject to the terms described in Article 33. Article 10. 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 11. Longevity Pay Effective the pay period which includes July 1, 2023, an employee who has been employed by the City of Tustin in any full-time position for between 10 years and 14 years and 364 days shall receive two percent [7) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 (2%) of base salary as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the date on which the employee attained 10 years of full-time employment with the City. Effective the pay period which includes July 1, 2023, an employee who has been employed by the City of Tustin in any full-time position for between 15 years and 19 years and 364 days shall receive three percent (3%) of base salary as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the date on which the employee attained 15 years of full-time employment with the City. Effective the pay period which includes July 1, 2023, an employee who has been 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 on which the employee attained 20 years of full-time employment with the City. It is the employee's responsibility to notify the department when they have attained sufficient full-time City service to start or increase Longevity Pay. 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. However, it is ultimately CaIPERS 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 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), Bilingual Pay shall be reported to CaIPERS 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 after Human Resources receives a Personnel Action Form along with proof of the applicable degree, effective at the start of the earliest possible pay period that does not require a retroactive adjustment. 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. However, it is ultimately CAPERS who determines whether any form of pay is reportable special compensation. IU DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Article 14. Peace Officer Standards and Training (POST) Certificate Pay Effective the pay period that includes July 1, 2024, employees in the Police Communications Officer series shall receive three percent (3%) of base salary for having a Dispatcher Intermediate POST Certificate. POST Certificate Pay will begin on the first day of the pay period after the employee provides Human Resources with documentation that the Intermediate POST Certificate has been earned. Effective the pay period that includes July 1, 2024, employees in the Police Communications Officer series shall receive four percent (4%) of base salary for having a Dispatcher Advanced POST Certificate. POST Certificate Pay will begin on the first day of the pay period after the employee provides Human Resources with documentation that the Advanced POST Certificate has been earned. An employee who receives pay for an Advanced Post Certificate shall no longer receive the pay for having previously obtained the Intermediate POST Certificate as the pays are not cumulative. Article 15. 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 or take any substances that will impact their ability to perform their job (e.g. 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 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. E. Employees cannot receive Standby Pay for any hours for which they are being paid to work. Article 16. 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. DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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 17. 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 amount of fifty dollars ($50) per pay period for performing in such Special Assignments; provided, however, that at no time may an employee receive more than one (1) Special Assignment Pay premium. Effective the pay period that includes July 1, 2024, Special Assignment Pay shall be increased to two percent (2%) of base salary. The following Special Assignments are reported to CalPERS as special compensation because they meet the definition of special compensation pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3): 1. Discovery Desk — Police Records Specialist (Police Records Assignment Premium) 2. Police Services Officer Administrative Specialist — Police Services Officer (Lead Worker/Supervisor Premium) 3. Professional Standards Division — Police Records Specialist (Confidential Premium) 4. Property and Evidence Senior Specialist — Property and Evidence Specialist (Lead Worker/Supervisor Premium) 5. Traffic Unit — Police Services Officer (Traffic Detail Premium) The Records Unit is responsible for processing and retaining Police Department files and documents, including citations, court packages, field interview cards, pawn slips, and police reports. The Discovery Desk assignment is a position in the Records Unit that is responsible for coordinating and managing discovery requests from the Orange County District Attorney's Office. The Police Services Officer Unit is responsible for performing a wide variety of duties to assist in day- to-day operations of the police department and enable patrol officers to remain available for emergencies and implementation of crime suppression strategies in the field, including taking police reports in the field and at the front desk and investigating crime scenes. The Police Services Officer Administrative Specialist serves as the unit Lead, routinely and consistently assigned to assist the unit supervisor with the scheduling of staff, filling vacation assignments, approving reports, and acting as the supervisor when they are absent. This employee also assists with training employees and drafting employee performance evaluations for the supervisor. The Professional Standards Division is responsible for the recruitment and hiring of Police Department personnel, investigating employee misconduct, and providing information to the media and general public. The Police Records Specialist in this unit performs confidential and sensitive duties that require trust and discretion on a daily basis. The employee provides administrative support for the hiring of all Police Department employees and has access to their complete recruitment files, including their background investigation files. The employee assists with support functions pertaining to [10] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 administrative investigations and employee discipline and has full access to all PD employee personnel files. This employee also coordinates training records for all PD employees. The Property and Evidence Unit is responsible for maintaining control and keeping the chain of custody for all evidence items which are booked into the Police Department, to ensure that the evidence maintains its integrity when presented in court. The Property and Evidence Senior Specialist serves as the unit Lead, routinely and consistently assigned to assist the unit supervisor with the scheduling of staff, filling vacation assignments, approving reports, and acting as the supervisor when they are absent. This employee also assists with training employees and drafting employee performance evaluations for the supervisor. The Traffic Unit is responsible for the management of all traffic and parking -related matters throughout the City, including the coordination of all special events sponsored by the City. Police Services Officers in this unit are routinely and consistently assigned to direct traffic. Accordingly, the parties agree that the Special Assignments of Discovery Desk — Police Records Specialist, Police Services Officer Administrative Specialist — Police Services Officer, Professional Standards Division - Police Records Specialist, Property and Evidence Senior Specialist — Property and Evidence Specialist, and Traffic Unit — Police Services Officer 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). Special compensation for the Special Assignments of Police Services Officer Administrative Specialist — Police Services Officer, Professional Standards Division - Police Records Specialist, and Property and Evidence Senior Specialist — Property and Evidence Specialist will be reported to CaIPERS effective includes July 1, 2023. The following Special Assignments are not reported to CaIPERS as special compensation because they do not meet the definition of special compensation pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3): 1. Community Relations Unit — Police Services Officer 2. Criminal Investigations Unit (including Court Liaison) — Police Records Specialist and Police Services Officer 3. Gang Reduction and Directed Enforcement (GRADE) Unit— Police Records Specialist 4. Traffic Unit — Police Records Specialist Notwithstanding the above, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. 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. C. Effective the pay period that includes July 1, 2024, employees who completed a 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. An employee may only receive two percent (2%) of this retained Special Assignment Pay regardless of how many Special Assignments DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 they have completed in the past. Employees who were removed from the above -referenced assignments on or after the first day of the pay period which includes July 1, 2023 qualify for this additional compensation. Article 18. Tactical Dispatcher Stipend Police Communications Officers may be selected by the department for the collateral assignment of Tactical Dispatcher to assist with Special Weapons and Tactics (SWAT)/Crisis Negotiation Team (CNT) assignments. Effective the pay period that includes July 1, 2024, employees serving as Tactical Dispatchers shall receive a stipend of fifty dollars ($50) per pay period. Article 19. Shift Differential Pay Any full-time unit employee assigned ten (10) or more continuous working days to a shift that requires the employee to work hours after 8:00 p.m. shall receive Shift Differential Pay of seventy-five dollars ($75) per pay period. Effective the pay period that includes July 1, 2024, Shift Differential Pay shall increase to one hundred dollars ($100) 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), Shift Differential 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 20. 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. Effective the pay period which includes July 1, 2023, this rate will be paid effective the beginning of the first full pay period in which the employee serves in the Acting assignment. 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), 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 CaIPERS who determines whether any form of pay is reportable special compensation. Article 21. 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 [121 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. Employees who successfully complete professional "train the trainer" training, with courses that are satisfactory to the City, will be designated as a "Qualified Trainer". Effective the pay period that includes July 1, 2024, employees who are designated as a "qualified trainer" shall receive a two percent (2%) premium. Payment for Qualified Trainer Pay begins after Human Resources receives a Personnel Action Form (PAF) along with proof of the employee's qualifications for the pay, effective at the start of the earliest possible pay period that does not require a retroactive adjustment. Employees are eligible for this pay in addition to the 5% Training Pay paid to employees actively training another employee that is described in paragraph A. The City may periodically require employees who receive this pay to re -certify in any of the "train the trainer" courses that qualify them for this pay. C. 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. D. It is the responsibility of an employee in a Lead classification to provide leadership and training without additional compensation. Nevertheless, if an employee in a Lead classification is assigned to actively train an employee for more than two (2) weeks, the employee is eligible for the 5% Training Pay referenced in paragraph A. E. The additional 5% Training Pay referenced in paragraph A is considered a Training Premium, compensation to employees who are routinely and consistently assigned to train employees. Therefore, 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. F. The additional 2% Qualified Trainer pay referenced in paragraph B is considered an Educational Incentive Premium, compensation to employees for completing educational courses, certificates and degrees which enhance their ability to do their job. Therefore, the parties agree that this pay is described in Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as an "educational pay" — a type of reportable special compensation. However, it is ultimately CAPERS who determines whether any form of pay is reportable special compensation. Article 22. Crime Scene Investigation (CSI) Pay Effective the pay period that includes July 1, 2024, Police Services Officers assigned to the Police Services Officer (PSO) Unit shall receive a premium payment of two percent (2%) of base salary for being routinely assigned to crime scene investigation (CSI) duties. This additional compensation is not reported to CalPERS as special compensation because it does not meet the definition of special compensation pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3). [13) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Article 23. Classification Review If the Association believes the compensation and/or class specification (job description) of any represented classification needs to be reviewed and adjusted, the Association will notify the Director of Human Resources. Upon receiving such notice, the Director of Human Resources will evaluate the classification within a reasonable amount of time. If warranted, the Director of Human Resources will update the class specification and/or make a recommendation to the City Manager and City Council to adjust the compensation of the classification. Any proposed changes to the compensation of a represented classification will be negotiated with the Association. CHAPTER 3 — BENEFITS Article 24. 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), $151 for calendar year 2023, $157 for calendar year 2024, 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 $1,200 Employee + 1 Dependent $1,550 Employee + 2 or More Dependents $1,750 [141 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 E. Effective the pay period that includes July 1, 2024, 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 $1,675 $1,875 F. Effective the pay period that includes July 1, 2025, 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 $1,800 $2,000 G. Effective the pay period that includes July 1, 2026, 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 $1,925 $2,125 H. 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. If an employee elects to opt out of medical 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) by completing a City -provided attestation form. 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 [15) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. J. The City retains the right to change administrators. K. Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary and employee -funded. Article 25. 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 CaIPERS. 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. 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. 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%). 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 CaIPERS 2% @ 60 plan for Local Miscellaneous members. The plan includes both an employer and employee contribution. 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 CaIPERS 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. [16j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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 26. 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. Article 27. 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. [17j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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 anew 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. 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. 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. 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 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 28. 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. W DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 2. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. 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, a job -related program through University of California or California State University extended education programs, or a California Community College. This reimbursement benefit maybe 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. Article 29. Cell Phone Stipend A. Employees with a clearly identified business need as determined by their department head are eligible for either a cell phone stipend of $12 per pay period ($26 per month), which is taxable income, or a City -provided cell phone. Effective the pay period which includes July 1, 2023, the cell phone stipend shall be increased to $21 per pay period ($45.50 per month). 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 30. 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 ($151 for calendar year 2023, $157 for calendar year 2024, 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 CaIPERS, 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. [19] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. Article 31. Retiree Health Savings Plan Upon request of TPSSA, the City will set up a retiree health savings plan and permit employee contributions to the plan via payroll deductions. Contributions are voluntary by employees and the City will not make a contribution to the plan. IRS regulations require all employees to make an irrevocable one-time decision to join the plan or opt out of the plan. IRS regulations also require all employees who participate in the plan to contribute the same amount per pay period. If the plan is established, TPSSA will notify the City the amount of the contribution to be made by all participating unit employees. 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 - 5.00 years 160 hours 320 hours 5.01 - 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. [20] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 D. General Leave Cash Out: Employees in the unit are permitted to cash out General Leave as follows: On or before December 31 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 c. Beginning with General Leave cash out received in calendar year 2024, all employees in the unit are permitted to cash out up to 80 hours of accrued General Leave per year. The employee can request that the cash out 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 33. 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 request to accrue Compensatory Time Off in lieu of receiving compensation for overtime, subject to approval of the department head or their designee. Employees may accrue up to eighty (80) hours of Compensatory Time Off. 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. [21) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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 34. Holidays A. The following days shall be Holidays for which employees 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. When both Christmas Eve and New Year's Eve fall on a Friday and Christmas Day and New Year's Day fall on a Saturday, the City will observe these two Holidays on the corresponding Thursday and Friday or the corresponding Friday and the following Monday. When both Christmas Eve and New Year's Eve fall on a Sunday and Christmas Day and New Year's Day fall on a Monday, the City will observe these two Holidays on the corresponding Monday and Tuesday or the corresponding Monday and the previous Friday. C. If a Holiday falls on a day that is an employee's regular day off, the employee has the option of either accruing nine (9) hours of General Leave as payment for the Holiday or earning nine (9) hours of Holiday Pay on the Holiday. The employee shall indicate their choice by entering the applicable pay code on their timesheet. This paragraph does not apply to employees who receive Advance Holiday Pay as described in paragraph E below. D. 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. E. Except as provided for below in subparagraph E1, in December of each year, each regular and promotional probationary employee may request Advance Holiday Pay, a cash out of the employee's [221 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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 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 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 pay period corresponding with 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 pay period 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. F. Regular and promotional probationary employees who decline to request Advance Holiday Pay will be paid for each Holiday as it occurs. Newly hired probationary employees are not eligible for Advance Holiday Pay and will be paid for each Holiday as it occurs. G. Employees in this unit are normally required to work on designated Holidays because they work in positions that require scheduled staffing without regard to holidays. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), 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 CAPERS who determines whether any form of pay is reportable special compensation. Article 35. 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, stepbrother, sister, stepsister, child, stepchild, grandparent, step grandparent, grandchild and step grandchild of the employee or the employees' spouse/registered domestic partner. [23] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Article 36. 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. CHAPTER 5 — WORKING CONDITIONS Article 37. 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: 1. 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. 2. 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. 3. 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. [24) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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) 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 38. 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 39. 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. [25j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. 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 40. 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 working a 4/10 schedule are not entitled to a third break in a day unless they work more than 12 hours that day. 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 41. 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 lunchtime. 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 42. 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. [26) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. 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 to 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 43. 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 [27j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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 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 44) or Pre -Disciplinary Hearings and Disciplinary Appeals section (Article 43, 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. am DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. 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 [29] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. 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 44. Grievance Procedure These procedures are established to provide for the resolution of grievances of unit employees. [301 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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. 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 [31) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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 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. [32] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 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 45. 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. Article 46. 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 47. 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. [33j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Article 48. 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. 2. The right to determine staffing and to direct the workforce, 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 49. 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. [341 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 IN WITNESS WHEREOF, the parties hereto have executed this document this 71h day of November 2023. FOR THE CITY OF TUSTIN Nicole Bernard, Acting City Manager Derick Yasuda, Director of Human Resources Karyn Roznos, Senior Management Analyst Peter Brown, Liebert Cassidy Whitmore FOR THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION John Garzone, President Bo Gutierrez, UELA General Manager [351 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 APPENDIX A - HOURLY SALARY RANGES Effective the pay period that includes July 1, 2021 Crime Analyst 34.81 36.59 38.47 .. 40.44 Step E 42.51 Step F 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 II (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 [36) DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Effective the pay period that includes July 1, 2022 .. 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 I (3/12.5) 29.71 31.24 32.83 34.51 36.29 38.10 Police Comm Officer 11 (3/12.5) 31.SS 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 II (3/12.5) 29.27 30.77 32.35 34.00 35.74 37.53 Police Sery Offcr II (4/10) 29.96 31.50 33.11 34.80 36.58 38.41 Police Sery Offcr III (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 [37) DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Effective the pay period that includes July 1, 2023 Crime Analyst 36.48 .. 38 M 44.55 46.77 Management Analyst I - TPSSA 37.98 39.92741.96744.11 46.37 48.69 Management Assistant - TPSSA 30.03 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 II (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 III (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 Effective the pay period that includes July 1, 2023 Amended November 7, 2023 38.64 40.62 42.69 44.88 47.18 Management Analyst I -TPSSA 49.54 52.02 Management Assistant - TPSSA 30.56 32.11 33.76 35.49 37.30 39.17 41.13 Police Comm Lead (3/12.5) 36.26 38.13 40.08 42.13 44.29 46.51 48.84 Police Comm Officer 1 (3/12.5) 30.91 32.50 34.16 35.91 37.76 39.63 41.61 Police Comm Officer II (3/12.5) 32.82 34.50 36.26 38.13 40.08 42.08 44.19 Police Fleet Coordinator 33.93 35.66 37.49 39.42 41.42 43.51 45.68 Police Records Lead (3/12.5) 27.77 29.18 30.68 32.25 33.90 35.60 37.38 Police Records Lead (4/10) 28.42 29.87 31.40 33.01 34.71 36.44 38.26 Police Records Spec (3/12.5) 25.13 26.41 27.77 29.18 30.68 32.22 33.84 Police Records Spec (4/10) 25.72 27.03 28.42 29.87 31.40 32.98 34.63 Police Sery Offcr 1 (3/12.5) 28.90 30.37 31.94 33.57 35.29 37.06 38.91 Police Sery Offcr 1 (4/10) 29.58 31.08 32.68 34.35 36.11 37.92 39.82 Police Sery Offcr II (3/12.5) 30.45 32.02 33.66 35.37 37.19 39.04 40.99 Police Sery Offcr II (4/10) 31.18 32.77 34.44 36.20 38.06 39.97 41.97 Police Sery Offcr III (3/12.5) 32.82 34.50 36.26 38.13 40.08 42.08 44.19 Police Sery Offcr III (4/10) 33.59 35.32 37.12 39.02 41.03 43.07 45.22 Property & Evidence Specialist 30.03 31.55 33.17 34.88 36.66 38.50 40.43 w DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Effective the pay period that includes July 1, 2024 Management Analyst I - TPSSA 40,19 42.24 44.40 46.68 49.07 51.52 54.10 Management Assistant - TPSSA 31.78 33.40 35.11 36.91 38.79 40.74 42.78 Police Comm Lead (3/12.5) 39.25 41.22 43.28 45.44 47.71 50.10 52.60 Police Comm Officer 1 (3/12.5) 32.15 33.80 35.52 37.34 39.27 41.22 43.28 Police Comm Officer 11 (3/12.5) 35.60 37.38 39.25 41.22 43.28 45.44 47.71 Police Fleet Coordinator 35.29 37.09 38.99 40.99 43.08 45.25 47.51 Police Records Lead (3/12.5) 28.88 30.35 31.90 33.54 35.26 37.03 38.88 Police Records Lead (4/10) 29.56 31.07 32.66 34.33 36.10 37.89 39.79 Police Records Spec (3/12.5) 26.14 27.47 28.88 30.35 31.90 33.51 35.19 Police Records Spec (4/10) 26.75 28.12 29.56 31.07 32.66 34.30 36.01 Police Sery Offcr 1 (3/12.5) 30.05 31.59 33.22 34.91 36.70 38.54 40.47 Police Sery Offcr 1 (4/10) 30.76 32.33 33.99 35.72 37.56 39.44 41.41 Police Sery Offcr 11 (3/12.5) 33.29 34.96 36.70 38.54 40.47 42.49 44.61 Police Sery Offcr 11 (4/10) 34.07 35.77 37.56 39.44 41.41 43.48 45.66 Police Sery Offcr III (3/12.5) 36.70 38.54 40.47 42.49 44.61 46.85 49.19 Police Sery Offcr III (4/10) 37.56 39.44 41.41 43.48 45.66 47.94 50.34 Property & Evidence Specialist 31.23 32.81 34.50 36.28 38.13 40.04 42.04 Effective the pay period that includes July 1, 2025 Management Analyst I - TPSSA 41.40 43.51 45.73 48.08 50.54 53.07 55.72 Management Assistant - TPSSA 32.73 34.40 36.16 38.02 39.96 41.96 44.06 Police Comm Lead (3/12.5) 40.43 42.45 44.58 46.80 49.15 51.60 54.18 Police Comm Officer 1 (3/12.5) 33.11 34.81 36.59 38.46 40.45 42.45 44.58 Police Comm Officer 11 (3/12.5) 36.67 38.51 40.43 42.45 44.58 46.80 49.15 Police Fleet Coordinator 36.35 38.20 40.16 42.22 44.37 46.61 48.94 Police Records Lead (3/12.5) 29.74 31.26 32.86 34.55 36.32 38.14 40.04 Police Records Lead (4/10) 30.44 32.00 33.64 35.36 37.18 39.03 40.98 Police Records Spec (3/12.5) 26.92 28.29 29.74 31.26 32.86 34.52 36.24 Police Records Spec (4/10) 27.55 28.96 30.44 32.00 33.64 35.33 37.09 Police Sery Offcr 1 (3/12.5) 30.95 32.53 34.21 35.96 37.80 39.70 41.68 Police Sery Offcr 1 (4/10) 31.68 33.30 35.01 36.80 38.68 40.62 42.65 Police Sery Offcr 11 (3/12.5) 34.29 36.01 37.81 39.70 41.68 43.76 45.95 Police Sery Offcr 11 (4/10) 35.09 36.85 38.69 40.62 42.65 44.79 47.03 Police Sery Offcr III (3/12.5) 37.81 39.70 41.68 43.76 45.95 48.25 50.66 Police Sery Offcr III (4/10) 38.69 40.62 42.65 44.79 47.03 49.38 51.85 Property & Evidence Specialist 32.16 33.80 35.53 37.36 39.27 41.24 43.31 [39) DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 Effective the pay period that includes July 1, 2026 Management Analyst I - TPSSA 42 64 44.82 47.11 49.52 52.06 54.66 57.39 Management Assistant - TPSSA 33.71 35.43 37.25 39.16 41.16 43.22 45.38 Police Comm Lead (3/12.5) 41.64 43.73 45.91 48.21 50.62 53.15 55.81 Police Comm Officer 1 (3/12.5) 34.11 35.86 37.69 39.62 41.66 43.73 45.91 Police Comm Officer 11 (3/12.5) 37.77 39.66 41.64 43.73 45.91 48.21 50.62 Police Fleet Coordinator 37.44 39.35 41.37 43.49 45.70 48.00 50.40 Police Records Lead (3/12.5) 30.64 32.20 33.85 35.59 37.41 39.28 41.25 Police Records Lead (4/10) 31.36 32.96 34.64 36.42 38.29 40.20 42.21 Police Records Spec (3/12.5) 27.73 29.14 30.64 32.20 33.85 35.55 37.33 Police Records Spec (4/10) 28.38 29.83 31.36 32.96 34.64 36.38 38.20 Police Sery Offcr 1 (3/12.5) 31.88 33.51 35.24 37.04 38.93 40.89 42.93 Police Sery Offcr 1 (4/10) 32.64 34.30 36.06 37.90 39.84 41.84 43.93 Police Sery Offcr 11 (3/12.5) 35.32 37.09 38.94 40.89 42.93 45.08 47.33 Police Sery Offcr 11 (4/10) 36.14 37.95 39.85 41.84 43.93 46.13 48.44 Police Sery Offcr III (3/12.5) 38.94 40.89 42.93 45.08 47.33 49.70 52.18 Police Sery Offcr III (4/10) 39.85 41.84 43.93 46.13 48.44 50.86 53.40 Property & Evidence Specialist 33.13 34.81 36.60 38.48 40.45 42.48 44.60 [40) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSA MOU 2021-2027 APPENDIX B — POLICE SERVICES OFFICER CLASSIFICATION SERIES PROMOTIONS A. Police Services Officers (PSOs) shall be eligible for promotion to the next level in the flexibly staffed Police Services Officer classification series 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 II 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 II 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 promote from PSO I to PSO II and from PSO II to PSO III. 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 (II, III)." Once completed, the form should be submitted via chain of command. If all qualifications are met, the Police Chief shall make a recommendation for promotion and will authorize the Professional Standards Unit to generate a Personnel Action Form (PAF). Promotions will be processed after Human Resources receives the corresponding PAF, effective at the start of the earliest possible pay period that does not require a retroactive adjustment. An employee who is promoted within the flexibly staffed PSO classification series is not required to serve a promotional probationary period. [41) DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F RESOLUTION NO. 23-53 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 MANAGEMENT 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 Management Association (TPSSMA) have met and conferred in good faith in accordance with the requirements of the Meyers-Milias-Brown Act; and WHEREAS, the City and TPSSMA have reached agreement on wages, hours, and terms and conditions of employment effective July 1, 2021 through June 30, 2027, as more particularly set forth in the attached Memorandum of Understanding: NOW, THEREFORE, BE IT RESOLVED: The Memorandum of Understanding between the City and TPSSMA, 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. II. This Resolution shall become effective on July 1, 2021, and all Resolutions and parts of Resolutions in conflict herewith are hereby rescinded. Resolution 23-53 Page 1 of 2 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7t" day of November 2023. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DocuSigned by: 7 IGZ'79 DA S3'IEIDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica 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. 23-53 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of November 2023, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 23-53 Page 2 of 2 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN and TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION TERM: July 1, 2021—June 30, 2027 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 TABLE OF CONTENTS CHAPTER 1— GENERAL PROVISIONS.............................................................................................................3 Article1. Recognition................................................................................................................................3 Article 2. Represented Classes..................................................................................................................3 Article3. Entire Agreement......................................................................................................................4 Article4. Severability................................................................................................................................4 Article 5. Binding on Successors...............................................................................................................4 Article6. Notices.......................................................................................................................................4 Article7. Payroll Deductions.....................................................................................................................4 CHAPTER 2 — COMPENSATION......................................................................................................................5 Article8. Salary.........................................................................................................................................5 Article 9. Overtime Compensation...........................................................................................................6 Article10. Uniforms..................................................................................................................................6 Article11. Longevity Pay...........................................................................................................................7 Article 12. Bilingual Compensation...........................................................................................................7 Article 13. Educational Incentive Pay........................................................................................................7 Article 14. Peace Officer Standards and Training (POST) Certificate Pay.................................................8 Article15. Standby Duty...........................................................................................................................8 Article16. Call Back Duty..........................................................................................................................9 Article17. Shift Differential Pay................................................................................................................9 Article18. Acting Pay................................................................................................................................9 Article 19. Crime Scene Investigation Pay..............................................................................................10 Article 20. Vehicle Allowance..................................................................................................................10 Article 21. Classification Review.............................................................................................................10 CHAPTER 3 — BENEFITS...............................................................................................................................10 Article 22. Flexible Benefits Plan.............................................................................................................10 Article23. Retirement.............................................................................................................................12 Article 24. Employee Life Insurance........................................................................................................14 Article 25. Short -Term / Long -Term Disability Insurance.......................................................................14 Article 26. Tuition Reimbursement.........................................................................................................15 Article 27. Cell Phone Stipend.................................................................................................................16 Article 28. Retiree Medical Insurance.....................................................................................................16 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 Article 29. Retiree Health Savings Plan...................................................................................................17 CHAPTER4 — LEAVES OF ABSENCE..............................................................................................................17 Article30. General Leave........................................................................................................................17 Article 31. Administrative Leave.............................................................................................................18 Article 32. Compensatory Time Off........................................................................................................19 Article33. Holidays.................................................................................................................................19 Article 34. Bereavement Leave...............................................................................................................21 Article35. Jury Duty Leave......................................................................................................................21 CHAPTER 5 —WORKING CONDITIONS.........................................................................................................21 Article36. Work Schedules.....................................................................................................................21 Article37. Attendance............................................................................................................................ 22 Article38. Rest Periods...........................................................................................................................23 Article39. Paid Lunch Break...................................................................................................................23 CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................23 Article40. Employee Rights....................................................................................................................23 Article41. Appeals and Hearings............................................................................................................24 Article 42. Grievance Procedure.............................................................................................................27 Article 43. Performance Evaluations.......................................................................................................30 Article 44. Membership Meetings..........................................................................................................30 Article 45. No Strike / Job Action............................................................................................................ 30 Article 46. Management Rights..............................................................................................................31 Article47. Layoffs....................................................................................................................................31 APPENDIX A— HOURLY SALARY RANGES....................................................................................................33 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES MANAGEMENT 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 Management Association (TPSSMA), hereinafter TPSSMA or "Association," 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 TPSSMA is the exclusive representative of City employees in the representation unit, titled Police Civilian Supervisors and Managers, comprised of full-time civilian supervisors and managers 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 Supervisors and Managers Representation Unit are as follows: Management Analyst II —TPSSMA Police Support Services Manager Police Support Services Supervisor Senior Management Analyst —TPSSMA [31 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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 TPSSMA 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. 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 S. 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 6. Notices Notices hereunder shall be in writing, and if to the Association, shall be mailed to the Tustin Police Support Services Management 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. 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. 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 TPSSMA. [41 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 12. Payment for non -return of uniforms and/or equipment issued. 13. Deferred compensation. 14. Other purposes as may be authorized by the City. CHAPTER 2 — COMPENSATION Article 8. Salary A. Unit employees are placed on a salary schedule consisting of seven steps in each range with an approximate increment of 5% between steps. B. Salary ranges for represented classifications are listed in Appendix A. C. 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. D. 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. E. 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. F. Effective the pay period which includes July 1, 2023, Step G shall be added to the salary range for all classifications in the bargaining unit. 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 which includes July 1, 2023. All other employees will be eligible to advance to Step G after one (1) year of service at Step F, in accordance with the existing merit increase process outlined in the Personnel Rules. G. Effective the pay period which includes July 1, 2023, employees in the bargaining unit shall receive a one and three-quarter percent (1.75%) base salary increase. H. Effective the pay period which includes July 1, 2024, employees in the bargaining unit shall receive a three percent (4%) base salary increase. I. Effective the pay period which includes July 1, 2025, employees in the bargaining unit shall receive a three percent (3%) base salary increase. J. Effective the pay period which includes July 1, 2026, employees in the bargaining unit shall receive a three percent (3%) base salary increase. K. Internal Equity Adjustments Effective the pay period which includes July 1, 2024, the City will make additional adjustments to the salary range of Police Support Services Supervisor to increase the differential between this [5j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 classification and its highest paid subordinate classification. The salary range for Police Support Services Supervisor will be increased to be 15% above Police Communications Lead. L. Special Salary Adjustments Upon the recommendation of the Police Chief, the City Manager may adjust the salary of an employee to any step within the salary range of their classification. A special salary adjustment will only be approved in limited circumstances, such as to retain an employee who has received a confirmed offer of employment from another employer, to correct gross inequities, or to reward outstanding achievement and performance. Article 9. Overtime Compensation A. Overtime is subject to pre -approval by the employee's supervisor. Non-exempt employees (Police Support Services Supervisors and Management Analyst Ils) 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. Standby Duty hours 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). E. Employees may receive Compensatory Time Off in lieu of overtime compensation, subject to the terms described in Article 32. Article 10. 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 In DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 compensation. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 11. Longevity Pay Effective the pay period which includes July 1, 2023, an employee who has been employed by the City of Tustin in any full-time position for between 10 years and 14 years and 364 days shall receive two percent (2%) of base salary as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the date on which the employee attained 10 years of full-time employment with the City. Effective the pay period which includes July 1, 2023, an employee who has been employed by the City of Tustin in any full-time position for between 15 years and 19 years and 364 days shall receive three percent (3%) of base salary as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the date on which the employee attained 15 years of full-time employment with the City. Effective the pay period which includes July 1, 2023, an employee who has been 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 on which the employee attained 20 years of full-time employment with the City. It is the employee's responsibility to notify the department when they have attained sufficient full-time City service to start or increase Longevity Pay. 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. However, it is ultimately CaIPERS 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 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), Bilingual Pay shall be reported to CaIPERS 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). [7) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 Educational Incentive Pay begins after Human Resources receives a Personnel Action Form along with proof of the applicable degree, effective at the start of the earliest possible pay period that does not require a retroactive adjustment. 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. However, it is ultimately CalPERS who determines whether any form of pay is reportable special compensation. Article 14. Peace Officer Standards and Training (POST) Certificate Pay Effective the pay period that includes July 1, 2024, unit employees shall receive five percent (5%) of base salary for having a Dispatcher Supervisory POST Certificate or a Records Supervisor POST Certificate. POST Certificate Pay will begin on the first day of the pay period after the employee provides Human Resources with documentation that the Dispatcher Supervisory or Records Supervisor POST Certificate has been earned. An employee may only receive POST Certificate Pay for one POST Certificate and will not receive additional pay for having both Certificates. Effective the pay period that includes July 1, 2024, employees with a Dispatcher Advanced POST Certificate at the time of promotion to Police Support Services Supervisor in the Communications Unit will maintain the POST Certificate Pay they are receiving for having a Dispatcher Advanced POST Certificate for two (2) years from the date of their promotion. After two (2) years from the date of their promotion, these employees will only be provided with POST Certificate Pay if they have a Dispatcher Supervisory POST. Article 15. Standby Duty A. Non-exempt employees (Police Support Services Supervisors and Management Analyst Ils) 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 or take any substances that will impact their ability to perform their job (e.g. 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 two (2) hours of straight - time compensation for each eight (8) 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 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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. E. Employees cannot receive Standby Pay for any hours for which they are being paid to work. Article 16. Call Back Duty Non-exempt employees (Police Support Services Supervisors and Management Analyst Ils) 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. A non-exempt 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 17. Shift Differential Pay Any Police Support Services Supervisor assigned ten (10) or more continuous working days to a shift that requires the employee to work hours after 8:00 p.m. shall receive Shift Differential Pay of fifty dollars ($50) per pay period. Effective the pay period that includes July 1, 2024, Shift Differential Pay shall increase to one hundred dollars ($100) 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), Shift Differential Pay shall be reported to CAPERS 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 afterthe employee has been in the assignment forthirty (30) consecutive calendar days. Effective the pay period which includes July 1, 2023, this rate will be paid effective the beginning of the first full pay period in which the employee serves in the Acting assignment. 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), 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 In DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 "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. Crime Scene Investigation (CSI) Pay Effective the pay period that includes July 1, 2024, the Police Support Services Supervisor assigned to the Police Services Officer (PSO) Unit shall receive a premium payment of two percent (2%) of base salary for being routinely assigned to crime scene investigation (CSI) duties. This additional compensation is not reported to CAPERS as special compensation because it does not meet the definition of special compensation pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3). Article 20. Vehicle Allowance Police Support Services Managers and the Police Support Services Supervisor assigned to the Police Services Officer (PSO) Unit are expected to use their personal vehicles for City business. Effective the pay period that includes July 1, 2024, to subsidize costs associated with the use of their personal vehicles, these employees shall receive a Vehicle Allowance of $250 per month ($115.38 paid biweekly). Article 21. Classification Review If the Association believes the compensation and/or class specification (job description) of any represented classification needs to be reviewed and adjusted, the Association will notify the Director of Human Resources. Upon receiving such notice, the Director of Human Resources will evaluate the classification within a reasonable amount of time. If warranted, the Director of Human Resources will update the class specification and/or make a recommendation to the City Manager and City Council to adjust the compensation of the classification. Any proposed changes to the compensation of a represented classification will be negotiated with the Association. 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), $151 for calendar year 2023, $157 for calendar year 2024 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 monthly Flexible Benefits contribution per eligible Police Support Services Supervisor is as follows: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $1,400 $1,525 $1,675 [10] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 C. Effective the pay period that includes July 1, 2022, the monthly Flexible Benefits contribution per eligible Police Support Services Supervisor is as follows: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $1,400 $1,575 $1,725 D. Effective the pay period that includes July 1, 2023, the monthly Flexible Benefits contribution per eligible Police Support Services Supervisor is as follows: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $1,400 $1,625 $1,775 E. Effective the pay period which includes July 1, 2021, the monthly Flexible Benefits contribution per eligible Police Support Services Manager and Senior Management Analyst are as follows: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $1,425 $1,550 $1,700 F. Effective the pay period that includes July 1, 2022, the monthly Flexible Benefits contribution per eligible Police Support Services Manager and Senior Management Analyst are as follows: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $1,425 $1,600 $1,750 G. Effective the pay period that includes July 1, 2023, the monthly Flexible Benefits contribution per eligible Police Support Services Manager and Senior Management Analyst are as follows: Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $1,425 $1,650 $1,800 H. Effective the pay period that includes July 1, 2024, 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 $1,425 $1,750 $1,900 I. Effective the pay period that includes July 1, 2025, the Flexible Benefits contribution per month per eligible employee will be increased to the following amounts: DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 Employee Only Employee + 1 Employee + 2 Dependent or More Dependents $1,425 $1,850 $2,000 J. Effective the pay period that includes July 1, 2026, 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 $1,425 $1,950 $2,100 K. 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. If an employee elects to opt out of medical 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) by completing a City -provided attestation form. L. 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. M. The City retains the right to change administrators. N. Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary and employee -funded. Article 23. 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. [12) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the CalPERS 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 CalPERS 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 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 CaIPERS 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 [131 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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 24. 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 two hundred thousand dollars ($200,000). The City will also provide $1,000 per dependent of dependent life insurance. Article 25. 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 anew 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 [14) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 Flexible Benefits contribution as was provided at the time of the non -industrial injury, for a period not to exceed 90 days. 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 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 26. 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, a job -related program through University of California or California State University extended education programs, or a California Community College. This reimbursement benefit maybe 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. [15] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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. Article 27. Cell Phone Stipend A. Police Support Services Supervisors are eligible for cell phone stipend of $12 per pay period ($26 per month) and Police Support Services Managers and Senior Management Analysts are eligible for a smart phone stipend of $21 per pay period ($45.50 per month), which is taxable income, or a City - provided cell phone. Effective the pay period which includes July 1, 2023, all unit employees are eligible for a cell phone stipend of $21 per pay period ($45.50 per month) 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 28. Retiree Medical Insurance A. The City will reimburse eligible Police Support Services Supervisors 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 ($151 for calendar year 2023, $157 for calendar year 2024 and a yet to be determined amount for subsequent calendar years). The City will reimburse eligible Police Support Services Managers and Senior Management Analysts up to a maximum of $350 per month for the payment of CalPERS retiree medical insurance premiums. This amount is in addition to the minimum contribution towards retiree medical insurance required under the PEMHCA program ($151 per month for calendar year 2023, $157 for calendar year 2024 and a yet to be determined amount for subsequent calendar years). C. 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. D. 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 CAPERS, and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible [161 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 employees who suffer a disability, are unable to return to work, and take a disability retirement from CAPERS 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. E. 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 CaIPERS medical insurance plan; once coverage is dropped, reimbursement will cease and will not be reinstated. Article 29. Retiree Health Savings Plan Upon request of TPSSMA, the City will set up a retiree health savings plan and permit employee contributions to the plan via payroll deductions. Contributions are voluntary by employees and the City will not make a contribution to the plan. IRS regulations require all employees to make an irrevocable one-time decision to join the plan or opt out of the plan. IRS regulations also require all employees who participate in the plan to contribute the same amount per pay period. If the plan is established, TPSSMA will notify the City the amount of the contribution to be made by all participating unit employees. CHAPTER 4 — LEAVES OF ABSENCE Article 30. 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 — 5.00 years 160 hours 320 hours 5.01 - 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. Each January, employees are eligible to receive up to eight (8) additional hours of General Leave for satisfactory performance as determined by the Police Chief. E. General Leave Cash Out: Employees in the unit are permitted to cash out General Leave as follows: [17j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 On or before December 31 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 (Police Support Services Managers) or up to twenty (20) hours of accrued General Leave (Police Support Services Supervisors); 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 c. Beginning with General Leave cash out received in calendar year 2024, all employees in the unit are permitted to cash out up to 140 hours of accrued General Leave per year. The employee can request that the cash out 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 31. Administrative Leave A. As exempt employees under the Fair Labor Standards Act (FLSA), Police Support Services Managers and Senior Management Analysts are compensated for meeting the requirements and performing the duties of their jobs, regardless of the number or scheduling of hours worked. Such employees may be required periodically or routinely to work long or irregular hours, and to attend various meetings and functions outside of normal "business hours" to fulfill their responsibilities. No overtime compensation shall be provided for Police Support Services Managers and Senior Management Analysts unless otherwise required by State or Federal law. B. In lieu of overtime compensation, the City will provide Police Support Services Managers and Senior Management Analysts with an annual credit of forty (40) hours of paid Administrative Leave each January. During the first calendar year of employment, employees will be granted a prorated share of Administrative Leave at the time of appointment, with the amount dependent upon the employee's hire date as follows: Hire Date Administrative Leave Vt Quarter (January — March) 40 hours 2nd Quarter (April —June) 30 hours 3rd Quarter (July — September) 20 hours 4t" Quarter (October — December) 10 hours W DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 C. Each January, each Police Support Services Manager and Senior Management Analyst is eligible to receive up to an additional forty (40) hours of Administrative Leave pursuant to the recommendation of the Police Chief, with such recommendation based on the individual's prior year's job performance and his/her commitment of time dedicated to City business in excess of his/her regular work schedule. After the conclusion of the first calendar year of employment, employees shall be 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 Section (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). 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. The accrual of Administrative Leave is limited to a maximum of eighty (80) hours at any time. Use of Administrative Leave is completely discretionary upon the approval of the Police Chief. Article 32. Compensatory Time Off A. Non-exempt employees (Police Support Services Supervisors and Management Analyst Ils) 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 request to accrue Compensatory Time Off in lieu of receiving compensation for overtime, subject to approval of the department head or their designee. Employees may accrue up to ninety (90) hours of Compensatory Time Off. 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. 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 a Police Support Services Supervisor or Management Analyst II separates from City service or remains employed by the City, but promotes to Police Support Services Manager or Senior Management Analyst or moves to a position no longer represented by TPSSMA, the employee shall be compensated for all accrued Compensatory Time Off at his/her regular rate of pay. Article 33. Holidays A. The following days shall be Holidays for which employees will receive compensation either in pay or paid time off: January 1 Third Monday in January Third Monday in February New Year's Day Martin Luther King Jr. Day Presidents' Day [19] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 Last Monday in May June 19 July 4 First Monday in September November 11 Thanksgiving Day Day following Thanksgiving Day December 24 December 25 December 31 Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Christmas Day 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. When both Christmas Eve and New Year's Eve fall on a Friday and Christmas Day and New Year's Day fall on a Saturday, the City will observe these two Holidays on the corresponding Thursday and Friday or the corresponding Friday and the following Monday. When both Christmas Eve and New Year's Eve fall on a Sunday and Christmas Day and New Year's Day fall on a Monday, the City will observe these two Holidays on the corresponding Monday and Tuesday or the corresponding Monday and the previous Friday. C. If a Holiday falls on a day that is an employee's regular day off, the employee has the option of either accruing nine (9) hours of General Leave as payment for the Holiday or earning nine (9) hours of Holiday Pay on the Holiday. The employee shall indicate their choice by entering the applicable pay code on their timesheet. This paragraph does not apply to employees who receive Advance Holiday Pay as described in paragraph E below. D. 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, Administrative Leave, 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. E. Except as provided for below in subparagraph E1, in December of each year, each 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 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 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 pay period corresponding with his/her final check. [201 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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 pay period 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. F. Regular and promotional probationary employees who decline to request Advance Holiday Pay will be paid for each Holiday as it occurs. Newly hired probationary employees are not eligible for Advance Holiday Pay and will be paid for each Holiday as it occurs. G. Employees in this unit are normally required to work on designated Holidays because they work in positions that require scheduled staffing without regard to holidays. In compliance with the California Public Employees' Retirement System regulations and definition of Special Compensation (2 CCR §571), 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 CAPERS who determines whether any form of pay is reportable special compensation. Article 34. 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, stepbrother, sister, stepsister, child, stepchild, grandparent, step grandparent, grandchild, or step grandchild of the employee or the employees' spouse/registered domestic partner. Article 35. Jury Duty Leave The City's general policy on Jury Duty is as set forth in Section 81.4 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. CHAPTER 5 — WORKING CONDITIONS Article 36. 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: [211 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 1. 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. 2. 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. 3. 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. For non-exempt employees, 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)). 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. No employee shall be permitted to work more than sixteen (16) consecutive hours except in an emergency situation as determined by his/her supervisor. G. 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 37. 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 [22) DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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. 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 38. Rest Periods A. Non-exempt employees (Police Support Services Supervisors and Management Analyst Ils) shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their work shift. Employees working a 4/10 schedule are not entitled to a third break in a day unless they work more than 12 hours that day. 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 39. Paid Lunch Break A. Non-exempt employees (Police Support Services Supervisors and Management Analyst Ils) 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 lunchtime. 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 40. Employee Rights As the recognized representative of the employees covered by the Resolution, the City acknowledges and recognizes the following employee rights: 1. TPSSMA 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. [23] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 2. TPSSMA shall be afforded the reasonable use of department bulletin boards for the posting of notices, updates, meeting minutes and other material related to TPSSMA business. 3. TPSSMA shall be afforded the reasonable use of department copy machines. 4. Upon notice, and subject to availability, the City shall allow TPSSMA the use of City facilities including meeting rooms for TPSSMA membership, Board of Directors and committee meetings. 5. Employees shall have the right to representation by TPSSMA in processing grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to meet with a TPSSMA representative for discussion and consultation on grievances and disciplinary appeals. 6. TPSSMA 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 TPSSMA free from management interference, intimidation, coercion, or discrimination. 8. TPSSMA shall have the right to distribute reasonable association information and newsletters at the job site. 9. TPSSMA representatives shall have the right to reasonable usage of department telephones for the discussion of TPSSMA business. 10. TPSSMA 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 41. 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 [24j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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 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 42) or Pre -Disciplinary Hearings and Disciplinary Appeals section (Article 41, 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. [251 DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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. 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 TPSSMA. 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 [26] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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. 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 42. Grievance Procedure These procedures are established to provide for the resolution of grievances of unit employees. [27j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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 TPSSMA. 2. Position classification. B. Definitions 1. Grievance: An expressed claim that there has been a violation, misinterpretation, or misapplication of a provision of the Personnel Rules or Memorandum of Understanding. 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 W DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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 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. [29] DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 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 TPSSMA, TPSSMA 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 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 restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 44. 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 45. 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. [30j DocuSign Envelope ID: 6EA22186-1 F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 Article 46. 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. 2. The right to determine staffing and to direct the workforce, 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 47. 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. [311 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 IN WITNESS WHEREOF, the parties hereto have executed this document this 7th day of November 2023. FOR THE CITY OF TUSTIN Nicole Bernard, Acting City Manager Derick Yasuda, Director of Human Resources Karyn Roznos, Senior Management Analyst Peter Brown, Liebert Cassidy Whitmore FOR THE TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION Chris Grover, Supervisor Representative / TPSSMA President Thao Nguyen, Manager Representative / TPSSMA Vice President Bo Gutierrez, UELA General Manager [321 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 APPENDIX A - HOURLY SALARY RANGES Effective the pay period that includes July 1, 2021 Management Analyst II-TPSSMA 42.09 44.24 46.45 . 48.83 51.33 53.96 Police Support Services Mgr 48.13 50.60 53.19 55.91 58.77 61.72 Police Support Services Supv 38.37 40.33 42.40 44.57 46.85 49.20 Sr Management Analyst-TPSSMA 51.33 53.96 56.72 59.62 62.68 65.89 Effective the pay period that includes July 1, 2022 Management Analyst II-TPSSMA 43.14 45.34 47.61 50.05 52.62 55.30 Police Support Services Mgr 49.34 51.87 54.52 57.31 60.24 63.26 Police Support Services Supv 39.32 41.34 43.46 45.68 48.02 50.43 Sr Management Analyst-TPSSMA 52.62 55.30 58.14 61.11 64.25 67.53 Effective the pay period that includes July 1, 2023 -.WITT-11MI Management Analyst II-TPSSMA 44.11 46.37 48.69 51.18 53.80 56.55 Police Support Services Mgr 50.45 53.04 55.74 58.60 61.60 64.68 Police Support Services Supv 40.21 42.27 44.44 46.71 49.10 51.56 Sr Management Analyst-TPSSMA 53.80 56.55 59.45 62.49 65.69 69.05 Effective the pay period that includes July 1, 2023 Amended November 7, 2023 44.88 47.18 1 49.54 Management Analyst II-TPSSMA 52.08 54.74 57.54 60.42 Police Support Services Mgr 51.33 53.97 56.72 59.63 62.68 65.81 69.10 Police Support Services Supv 40.91 43.01 45.22 47.53 49.96 52.46 55.09 Sr Management Analyst-TPSSMA 54.74 57.54 60.49 63.58 66.84 70.26 73.77 [331 DocuSign Envelope ID: 6EA22186-1F25-4BFA-9167-587106976A9F TPSSMA MOU 2021-2027 Effective the pay period that includes July 1, 2024 Management Analyst II-TPSSMA 46 68 49.07 51.52 54.16 56.93 59.84 62.83 Police Support Services Mgr 53.39 56.13 58.98 62.01 65.19 68.44 71.87 Police Support Services Supv 45.44 47.71 50.10 52.60 55.23 58.00 60.90 Sr Management Analyst-TPSSMA 56.93 59.84 62.91 66.13 69.51 73.07 76.72 Effective the pay period that includes July 1, 2025 Classification Management Analyst II-TPSSMA .A 48.08 50.54 53.07 55.78 58.64 61.64 64.72 Police Support Services Mgr 54.99 57.81 60.75 63.87 67.14 70.50 74.02 Police Support Services Supv 46.80 49.15 51.60 54.18 56.89 59.74 62.72 Sr Management Analyst-TPSSMA 58.64 61.64 64.80 68.11 71.60 75.26 79.02 Effective the pay period that includes July 1, 2026 Management Analyst II-TPSSMA 49.52 52.06 54.66 57.46 60.40 63.49 66.66 Police Support Services Mgr 56.64 59.55 62.58 65.79 69.15 72.61 76.24 Police Support Services Supv 48.21 50.62 53.15 55.81 58.60 61.53 64.60 Sr Management Analyst-TPSSMA 60.40 63.49 66.74 70.15 73.75 77.52 81.39 [341