HomeMy WebLinkAbout04 MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATIONDocusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item 4
AGENDA REPORT Reviewed: aka
City Manager
Finance Director
SEPTEMBER 17, 2024
ALDO E. SCHINDLER, CITY MANAGER
DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN
MUNICIPAL EMPLOYEES ASSOCIATION
Adoption of the attached Resolution and Memorandum of Understanding will authorize terms
and conditions of employment for employees in classifications represented by the
Tustin Municipal Employees Association in accordance with City Council direction.
RECOMMENDATION:
Adopt Resolution No. 24-65 to amend the City's Classification and Compensation Plans
and approve a Memorandum of Understanding with the Tustin Municipal Employees
Association for the period July 1, 2024 through June 30, 2027.
FISCAL IMPACT:
The provisions of this agreement will result in an additional cost of approximately $756,465 in
Fiscal Year 2024-25. By the end of the contract term, the additional ongoing cost to the City is
estimated to be $1,720,649 per year. Staff is not requesting any supplemental budget
appropriations associated with this agreement at this time; any supplemental appropriations will
be incorporated with the mid -year budget review, which will be presented to the City Council in
February 2025.
CORRELATION TO THE STRATEGIC PLAN:
This item correlates to Goal E (Organizational Excellence and Customer Service) by improving
the City's ability to recruit and retain talented staff.
BACKGROUND AND DISCUSSION:
The Tustin Municipal Employees Association (TMEA) is the employee association that
represents the City's "general" employees, non -supervisory and non -management employees
outside of the Police Department. TMEA is the City's largest employee group, representing
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City Council Agenda Report
MOU with TMEA
September 17, 2024
Page 2
104.50 budgeted positions in a variety of job classifications spread across multiple Ciy
departments.
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). The City's most recent MOU with TMEA, a
three-year contract negotiated in 2021, expired on June 30, 2024.
The City started preparing for labor negotiations in early 2024 and began formally meeting and
conferring with TMEA on April 30, 2024. On September 5th, after numerous meetings and
exchanges of proposals, the City and TMEA reached a tentative agreement (TA) on a new three-
year contract with a term of July 1, 2024 through June 30, 2027, subject to ratification by the
TMEA membership. TMEA leadership subsequently notified the City on September 12th that
their members ratified the TA. While the City Council has already authorized the terms of this
new agreement, the MOU must now be formally adopted via City Council Resolution to conclude
the labor negotiations process and allow staff to implement the MOU.
The key provisions of the MOU include base salary increases of 3.25% in Year 1 (Fiscal Year
2024/25), 4% in Year 2 (Fiscal Year 2025/26), and 4% in Year 3 (Fiscal Year 2026/27), effective
July 1st in each year. A new top step (Step G) in the salary range of all classifications will also
be added in Year 1. The City will increase Flexible Benefits contributions (for health, dental, and
other insurance) for employees who enroll the City's health insurance plan by $25 to $65 per
month for Employee Only coverage, $50 to $115 per month for Employee + 1 coverage, and
$50 to $265 per month for Employee + 2 coverage. Other changes include, but are not limited
to, modifications to Call Back Duty, Standby Duty, and Water Certification Pay, plus other
revisions to update the contract language to clarify and streamline policies and procedures and
ensure compliance with the law. The re -opener clause has also been eliminated in this MOU, so
neither party can obligate the other party to re -open this contract and alter terms and conditions
of employment prior to the expiration of the MOU.
The City is pleased to have a multi -year agreement with TMEA that will provide stability and
labor peace for the next several years and that we believe will help improve recruitment,
retention, and employee morale.
Dericl Yasuda '
Director of Human Resources
Attachment:
1. City Council Resolution No. 24-65
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RESOLUTION NO. 24-65
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
MUNICIPAL EMPLOYEES 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 Municipal Employees Association (TMEA)
have met and conferred in good faith in accordance with the requirements of the Meyers-
Milias-Brown Act; and
WHEREAS, the City and TMEA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2024 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 TMEA, effective
July 1, 2024, 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 be effective retroactively on July 1, 2024, and all
Resolutions and parts of Resolutions in conflict herewith are hereby
rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 17t" day of September 2024.
Resolution 24-65
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AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
�„dam
DAVHYIEIIIKENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 SS
CITY OF TUSTIN
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 24-65 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 17t" day of
September 2024, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Resolution 24-65
Page 2 of 2
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MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
TERM:
July 1, 2024 to June 30, 2027
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TMEA MOU 2024-2027
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS.............................................................................................................3
Article1. Recognition................................................................................................................................3
Article 2. Represented Classes..................................................................................................................3
Article3. Entire Agreement......................................................................................................................4
Article4. Severability................................................................................................................................5
Article 5. Binding on Successors...............................................................................................................5
Article6. Amendments.............................................................................................................................5
Article7. Contract Bar...............................................................................................................................5
Article8. Notices.......................................................................................................................................5
Article9. Association Dues........................................................................................................................5
Article10. Payroll Deductions...................................................................................................................6
CHAPTER 2 — COMPENSATION......................................................................................................................6
Article11. Salary.......................................................................................................................................6
Article 12. Overtime Compensation.........................................................................................................7
Article 13. Paid Overtime Meal.................................................................................................................7
Article 14. Bilingual Compensation...........................................................................................................7
Article15. Certification Pay......................................................................................................................8
Article16. Standby Duty...........................................................................................................................9
Article 17. Shift Differential Pay..............................................................................................................10
Article18. Call Back Duty........................................................................................................................10
Article19. Acting Pay..............................................................................................................................10
Article 20. Promotions within Flexibly Staffed Classification Series.......................................................11
Article 21. Classification Review.............................................................................................................12
CHAPTER 3 — BENEFITS...............................................................................................................................12
Article 22. Flexible Benefits Plan.............................................................................................................12
Article23. Retirement.............................................................................................................................13
Article 24. Employee Life Insurance........................................................................................................15
Article 25. Short -Term / Long -Term Disability Insurance.......................................................................15
Article 26. Tuition Reimbursement.........................................................................................................16
Article27. Cell Phones............................................................................................................................17
Article 28. Retiree Medical Insurance.....................................................................................................17
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Article 29. Retiree Health Savings Plan...................................................................................................17
CHAPTER 4 — LEAVES OF ABSENCE..............................................................................................................18
Article30. General Leave........................................................................................................................18
Article 31. Compensatory Time Off........................................................................................................18
Article32. Holidays.................................................................................................................................19
Article33. Holiday Closure......................................................................................................................20
Article 34. Bereavement Leave...............................................................................................................20
CHAPTER 5 —WORKING CONDITIONS.........................................................................................................
20
Article 35. Workweek & Work Schedules...............................................................................................20
Article36. Telecommuting......................................................................................................................21
Article37. Rest Periods...........................................................................................................................21
Article38. Lunch Break...........................................................................................................................
21
Article39. Uniforms................................................................................................................................21
Article 40. Commercial Driver's License..................................................................................................22
CHAPTER 6— EMPLOYER / EMPLOYEE RELATIONS.....................................................................................22
Article 41. Appeals Procedure.................................................................................................................22
Article 42. Grievance Procedure.............................................................................................................25
Article 43. Performance Evaluations.......................................................................................................28
Article44. Meetings................................................................................................................................28
Article 45. No Strike/Job Action..............................................................................................................28
Article 46. Management Rights..............................................................................................................
29
Article47. Layoffs....................................................................................................................................
29
APPENDIX A— HOURLY SALARY RANGES....................................................................................................34
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MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
WHEREAS, in accordance with the provisions of California Government Code Sections 3500 et seq. and
Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin, the
City's employee representatives have met and conferred in good faith with the representatives of the
Tustin Municipal Employees Association (hereinafter sometimes referred to as TMEA or "Association")
pertaining to the subject of wages, benefits and conditions of employment; and
WHEREAS, the meetings between the Tustin Municipal Employees Association and the City
representatives have resulted in an agreement and understanding to recommend that the employees
represented by the Tustin Municipal Employees Association accept all of the terms and conditions as set
forth herein and that the City representatives recommend to the City Council that it adopt by resolution
or resolutions the changes and additions to the wages, hours, and conditions of employment for the
represented classes.
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
The Tustin Municipal Employees Association is the majority representative of employees in the
hereinafter listed classes for the purpose of representation on issues of wages, hours, and other terms
and conditions of employment and as such majority representative, the Tustin Municipal Employees
Association is empowered to act on behalf of employees in the General Employees Representation Unit,
whether or not they are individually members of the Tustin Municipal Employees Association.
Article 2. Represented Classes
A. The Tustin Municipal Employees Association represents the following full-time (and part-time
employees subject to paragraph B of this Article) classifications which are covered by this agreement:
Accountant
Accounting Specialist
Administrative Assistant
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector
Building Permit Technician
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Code Enforcement Officer
Electrician
Equipment Mechanic
Equipment Mechanic Leadworker
Equipment Operator
Executive Assistant
Information Technology Specialist
Maintenance Leadworker
Maintenance Worker
Management Analyst I
Management Assistant
Planning Technician
Plans Examiner
Public Works Inspector
Recreation Facilities Leadworker
Recreation Program Specialist
Senior Accounting Specialist
Senior Building Inspector
Senior Building Permit Technician
Senior Code Enforcement Officer
Senior Maintenance Worker
Senior Management Assistant
Senior Public Works Inspector
Transportation Coordinator
Water Distribution Leadworker
Water Distribution Operator 1/11
Water Equipment Operator
Water Meter Reader
Water Treatment Leadworker
Water Treatment Operator 1/11
Part-time regular classifications, designated pursuant to the City budget, are those
classifications/positions that are anticipated to have work scheduled on a regular year-round basis,
for an average of twenty or more hours per week, and the position is anticipated to continue for a
period in excess of twelve months. Such classifications shall be designated as half-time (20-29 hours
per week) or three-quarter time (30-39 hours per week).
The City shall budget annually for all positions on a half (%) time, three quarter (%) time or full-time
basis. Only those classifications designated as a regular allocated position shall be included for
representation in this unit.
Article 3. Entire Agreement
This MOU supersedes all prior agreements, whether written or oral, unless expressly stated to the
contrary herein, and constitutes the complete and entire agreement between the parties, and concludes
collective bargaining for its term unless otherwise expressly provided herein.
The City and the Association, for the duration of this MOU, each voluntarily and unqualifiedly waives the
right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any
subject or matter covered in this MOU, including the impact of the City's exercise of its rights as set forth
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herein on wages, hours or terms and conditions of employment. This paragraph does not waive the right
to bargain over any subject or matter not covered in this MOU which is a mandatory subject of bargaining
and concerning which the City is considering changing during the term of this MOU.
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. Amendments
This MOU can be altered or amended only by written agreement between the parties hereto.
Article 7. Contract Bar
The recognition rights of the Tustin Municipal Employees Association shall not be subject to challenge for
a period of not less than twelve (12) months following the date of recognition or until the expiration of
this MOU, whichever is later; provided that recognition rights may be challenged between one hundred
and twenty (120) and one hundred and fifty (150) days prior to the expiration of the MOU and that no
MOU shall be construed to be a bar for a period of more than three (3) years. The provisions of this MOU
shall remain in effect even when the recognition rights of employee organizations are changed in
accordance with the provisions of this section.
Article 8. Notices
Notices hereunder shall be in writing, and if to the Tustin Municipal Employees Association, shall be mailed
to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA 92780; and, if
to the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92780.
Article 9. Association Dues
The Association shall notify the City, in writing, as to the amount of dues uniformly required of all
employees who elect to be members of the Association. The City will deduct dues from members of the
Association and will remit it to the Association. Association membership dues shall be deducted by the
City from the pay checks/direct deposits of such members.
It is the Association's responsibility to inform the Human Resources Department as to which members of
the bargaining unit are members of the Association. The Association shall inform the Human Resources
Department in writing of any changes in the membership status of any Association members. Employee
requests to cancel or change deductions shall be directed to the Association. The Association shall
indemnify the City for any claims made by an employee for deductions made in reliance on that
information.
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The Association agrees to indemnify, defend, and hold the City and its employees harmless from any
claims, demands, expenses, losses, liabilities, and/or damages arising from the operation of this Article.
Article 10. Payroll Deductions
A. Deductions of authorized amounts maybe made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits.
3. Contribution to survivor benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues to TMEA.
12. Payment for non -return of uniforms and/or equipment issued.
13. Deferred compensation.
14. Other purposes as may be authorized by the City and the employee.
B. In the event of a federally recognized natural disaster, employees may voluntarily elect to cash out
accrued General Leave or Compensatory Time Off hours for the purpose of donating the cash value
of the accrued leave to the relief fund of the employee's choice.
CHAPTER 2 — COMPENSATION
Article 11. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period that includes July 1, 2024, 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 that includes
July 1, 2024. 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.
C. Effective the pay period that includes July 1, 2024, employees in the bargaining unit shall receive a
three and one -quarter percent (3.25%) base salary increase.
D. Effective the pay period that includes July 1, 2025, employees in the bargaining unit shall receive a
four percent (4%) base salary increase.
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E. Effective the pay period that includes July 1, 2026, employees in the bargaining unit shall receive a
four percent (4%) base salary increase.
F. Special Salary Adjustments
Upon the recommendation of the employee's Department Head, 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 12. Overtime Compensation
All unit employees shall receive overtime compensation at a rate of time and one-half for all approved
overtime hours worked in excess of forty (40) hours worked in a seven (7) day work period. General
Leave, Compensatory Time Off and Holiday hours shall be counted as hours worked for purposes of
determining overtime eligibility.
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.
Overtime paid per the requirements of the FLSA includes base pay plus any additional forms of pay which
are provided to employees and required to be included in the FLSA regular rate (i.e., overtime rate).
Employees may receive Compensatory Time Off in lieu of overtime compensation, subject to the terms
described in Article 31.
Article 13. Paid Overtime Meal
The City will provide a meal, or provide reimbursement for a meal, in an amount not to exceed $35 for
unit employees who are required to work unscheduled overtime provided the work situation requiring
the overtime is such that the employee is held over, called in early, or called in on their day off, without
prior notice, so that the combined regular shift and overtime assignment totals a minimum of four hours
over the employee's regular work shift.
Article 14. Bilingual Compensation
The City shall pay one hundred dollars ($100) per month ($46.15 paid biweekly) to employees in City -
designated positions who demonstrate skill in Spanish at the conversational level, or in another language
which 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 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
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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 15. Certification Pay
The City believes it is beneficial for the City and its employees when an employee enhances their skill set
in a manner that adds useful education and/or additional skills to the City service beyond the minimum
requirements of an employee's classification.
A. One -Time Incentive Cash Payment
Eligible certifications must be obtained by testing (certifications issued by virtue of grandfathering do
not apply). It is the expectation that the employee participates in the training and/or classroom
instruction necessary to achieve certification on the employee's own time and at the employee's own
expense (classes may be eligible for reimbursement through the tuition reimbursement program).
Eligible certifications must be obtained after employment (or after promotion), and be directly job -
related and specifically applicable to an employee's job assignment. Certification Pay may be granted
in an amount not to exceed a one-time incentive cash payment of up to $500 per certification for non -
probationary unit employees. Employees receiving Water Certification Pay as described below are
not eligible for the One -Time Incentive Cash Payment.
Administration, granting and amounts of Certification Pay are at the sole discretion of City
management.
The cash incentive payment, less applicable taxes, will be made payable to the employee the first pay
period after approval and submission of documentation suitable to the Director of Human Resources.
The amount of the award and tax deducted will be included on the W-2 form issued to the employee.
Required certifications currently are as follows:
Associate Engineer
Building Inspector
Electrician
Plans Examiner
Senior Building Inspector
Water Distribution Leadworker
Water Distribution Operator I
Water Distribution Operator II
Water Equipment Operator
Water Treatment Leadworker
Water Treatment Operator I
Water Treatment Operator II
CA Professional Engineer Registration
ICC* — Building Inspection Certification
DIR** — Certified Electrician, C-10 Electrical Contractor
license, or completion of an IBEW Electrician
Apprenticeship program
ICC* — Plans Examiner Certification
ICC* — Building Inspection Certification
SWRCB*** —Grade D2
SWRCB*** —Grade D1
SWRCB*** —Grade D2
SWRCB*** —Grade D2
SWRCB*** — Grade D3 & T3
SWRCB*** — Grade D1 & T1
SWRCB*** — Grade D2 & T2
*ICC — International Code Council
**DIR — Department of Industrial Relations
***SWRCB —State Water Resources Control Board
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B. Water Certification Pay
Employees in water distribution and treatment job classifications are eligible for Water Certification
Pay if they possess a certificate(s) that exceeds the minimum requirements of their current job
classification, as noted on the City's official class specification for their job classification. Water
Certification Pay is only available to employees in classifications that require a Water Distribution
Operator and/or Water Treatment Operator Certificate.
Water Certification Pay will be provided in the following amounts, up to a maximum of four hundred
dollars ($400.00) per month:
Grade
Monthly Pay (If Not Required for Classification)
D2
$100.00
D3
$150.00
D4
$225.00
D5
$275.00
T2
$100.00
T3
$225.00
T4
$275.00
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), Water Certification 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, water certification premium" — a type of reportable special
compensation. However, it is ultimately CalPERS who determines whether any form of pay is
reportable special compensation.
C. Backflow Certification Pay
Individuals in the classifications of Water Distribution Leadworker, Water Distribution Operator 1/11,
Water Equipment Operator, Water Treatment Leadworker, or Water Treatment Operator 1/11 who
possess a Backflow certification are also eligible to receive Backflow Certification Pay of $50 per
month. This certification pay shall be in addition to the Water Division Certification Pay listed above.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), Backflow Certification 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, water certification premium" — a type of reportable special
compensation. However, it is ultimately CalPERS who determines whether any form of pay is
reportable special compensation.
Article 16. Standby Duty
Employees assigned to Standby Duty shall be compensated at the rate of two and one-half (2.5) hours of
straight -time compensation for assignments beginning Monday - Friday and at the rate of three and one-
half (3.5) hours of straight -time compensation for assignments beginning on Saturday and Sunday. On
Holidays (including the Holiday Closure) employees on Standby Duty shall receive six (6) hours of straight -
time compensation.
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Additionally, an employee who is standing by and is required to log on to the SCADA System for scheduled
after-hours SCADA System Checks shall be credited with a minimum of one-half (1/2) hour of work time
or the actual time spent in system operation, whichever is greater. Said minimum will apply to each log-
in provided that only one minimum will be credited during any thirty -minute period.
An employee on Standby Duty who is called upon to perform unscheduled work that is performed
remotely shall receive a minimum of two (2) hours of overtime compensation (time and one-half) for any
assignment that lasts more than thirty (30) minutes; if the assignment is thirty (30) minutes or less, the
employee shall receive compensation for thirty (30) minutes.
Employees may choose to accrue one (1) hour of Compensatory Time Off in lieu of pay for every one (1)
hour of straight -time compensation earned for Standby Duty.
In addition to the above, employees assigned to Standby Duty may be assigned a take home vehicle to be
able to respond more quickly. Assignment of a take home vehicle shall be at the discretion of the
employee's Department Head.
Article 17. Shift Differential Pay
Any unit employee assigned on a regular basis (ten or more continuous working days) to a shift that
includes at least eight hours between 2:30 p.m. and 3:00 a.m. shall receive Shift Differential Pay of twenty-
five dollars ($25) 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 shift differential 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 CAPERS who determines whether any form of pay is reportable special compensation.
Article 18. 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
at a City worksite after leaving a City worksite. Call Back Pay begins when an employee leaves their home
(or another offsite location) and heads directly to the City worksite and ends when an employee arrives
at home (or another offsite location). Compensation for travel time shall not exceed compensation for
the time it would reasonably take the employee to travel from their home to the City worksite and from
the City worksite back to their home.
Call Back Pay does not apply to work performed during an employee's regular work hours, additional
hours worked immediately before or after an employee's regular work shift (i.e. coming in early or staying
late), or work performed remotely (i.e. telecommuting).
Article 19. Acting Pay
A. An employee assigned to temporarily work in a higher classification will receive Acting Pay of 5% of
base pay. This rate will be paid effective the beginning of the first full pay period in which the
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employee serves in the Acting assignment. Acting Pay shall only be provided if the employee is
performing the full scope and functions of the higher -level classification. 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 CAPERS 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
CAPERS who determines whether any form of pay is reportable special compensation.
B. The City will provide Acting Pay for one (1) Maintenance Worker or Senior Maintenance Worker
performing street sweeper operations in a "fill-in" capacity for no more than fifty-two (52)
occurrences in a calendar year. The hourly rate of pay shall be at Step G of Equipment Operator.
Article 20. Promotions within Flexibly Staffed Classification Series
Maintenance Worker / Senior Maintenance Worker, Water Distribution Operator 1/11, and Water
Treatment Operator 1/11 are flexibly staffed classification series. Positions in these classifications are
normally filled at the lower level, with employees later promoting to the higher level after meeting
specified criteria as described below.
Promotions within these flexibly staffed classification series 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 five percent (5%). The employee's next
evaluation date will be set to 12 months following the effective date of the promotion. An employee who
is promoted to the next level of a flexibly staffed classification series is not required to serve a 12-month
promotional probationary period.
A. Water Distribution Operator 1/11
Employees in the classification of Water Distribution Operator I become eligible to be promoted to
the classification of Water Distribution Operator 11 upon recommendation of the Director of Public
Works after meeting the following requirements: 1) successful completion of the probationary period
as a Water Distribution Operator I, 2) possession of a valid Class A or Class B California commercial
driver's license, and 3) possession of a valid Water Distribution Operator D2 certificate.
B. Water Treatment Operator 1/11
Employees in the classification of Water Treatment Operator I become eligible to be promoted to the
classification of Water Treatment Operator II upon recommendation of the Director of Public Works
after meeting the following requirements: 1) successful completion of the probationary period as a
Water Treatment Operator I, 2) possession of a valid Class B California commercial driver's license
with hazardous materials endorsement, 3) possession of a valid Water Distribution Operator D2
certificate and a valid Water Treatment Operator T2 certificate, and 4) demonstrated that they can
perform the full range of duties in the maintenance and repair or pumps, wells, and related
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C. Maintenance Worker / Senior Maintenance Worker
Employees in the classification of Maintenance Worker become eligible to be reclassified to Senior
Maintenance Worker upon recommendation of the Director of Public Works and meeting the
following requirements: 1) successful completion of the probationary period as Maintenance Worker,
2) possession of a valid Class A or Class B commercial driver's license with tank endorsement, and 3)
demonstrated that they can perform the full range of skilled and technical duties of a Maintenance
Worker which includes a "meet expectations" on the two most recent performance evaluations.
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), $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 that includes July 1, 2024, the Flexible Benefits contribution per month per
eligible will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,250 $1,650 $2,000
C. Effective the pay period that includes July 1, 2025, the Flexible Benefits contribution per month per
eligible will be increased to the following amounts:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,275 $1,700 $2,050
D. Effective the pay period that includes July 1, 2026, the Flexible Benefits contribution per month per
eligible will be increased to the following amounts:
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Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,300 $1,775 $2,125
Designated part-time regular employees shall be eligible for the Flexible Benefits contribution on a
pro-rata share based upon position allocation (i.e., a % time employee shall receive a 50%
contribution; a % time employee shall receive a 75% contribution).
E. 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, they 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. Designated part-time regular employees shall be eligible for the Flexible Benefits
Opt -Out contribution on a pro-rata share based upon position allocation (i.e., a % time employee shall
receive a 50% contribution; a % time employee shall receive a 75% contribution).
F. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). Employees may
allocate the remaining amount among the following City -sponsored programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending
reimbursement programs)
6. Eligible catastrophic care programs
7. Cash
Account programs (medical and/or dependent care
Discretionary allocations are to be made in accordance with program/City requirements, including
restrictions as to the time when changes may be made in allocations to the respective programs.
G. The City retains the right to change administrators.
Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary
and employee -funded.
Article 23. Retirement
A. 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 CAPERS.
B. Miscellaneous members employed by the City by December 31, 2011 shall be enrolled in the CaIPERS
2% @ 55 plan in accordance with Government Code Section 21354 for Local Miscellaneous members.
The plan includes both an employer and employee contribution.
1. These employees are responsible for paying the employee contribution of seven percent (7%) of
the employee's wages through a pre-tax payroll deduction. The City has adopted the CaIPERS
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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
CalPERS 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 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 their 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.
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.
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, 2024, the employee contribution is 7.25%. 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.
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 their 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.
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E. Designated part-time regular employees shall be eligible for participation in CalPERS in the same
manner as regular full-time employees.
Article 24. Employee Life Insurance
The City will provide life insurance for each unit employee and pay the required premiums. The death
benefit of said policy for employees shall be equal to one hundred thousand dollars ($100,000). 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.
An employee who is receiving STD benefits under the City's program will be granted a leave of absence
for the duration of their 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 their 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 their 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.
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 their
pre -disability earnings.
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The employee is responsible for all benefit elections and payments during their leave unless they are
eligible to opt out of such elections and chooses to do so. In the event the employee chooses to
continue their 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 and designated part-time regular employees shall be
eligible for tuition reimbursement on a pro-rata share based upon position allocation (i.e., a % time
employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation). Employees
will be eligible for reimbursement of eligible expenses by the City for professional and technical courses
subject to the following conditions:
Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade and after 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.
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.
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Article 27. Cell Phones
A. Employees who are required by the City to use a cell phone for work for more than nominal usage (as
determined by the employee's Department Head) will be provided (at each employee's choice) with
a cell phone or a cell phone stipend as addressed below.
If a cell phone stipend is chosen, employees will receive $21 per pay period ($45.50 per month), which
is taxable income. 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 their own
responsibility and those additional charges are not eligible for reimbursement.
Article 28. 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 ($157 for calendar year 2024
and a yet to be determined amount for subsequent calendar years).
A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that they
have 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.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that they
have been continuously employed by the City for ten (10) full years, retires from the City and CAPERS,
and enrolls in a CAPERS medical insurance plan immediately after retirement. Eligible employees,
who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS
may satisfy the ten (10) year continuous service requirement using a combination of service with the
City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's CaIPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee must
maintain coverage in a 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 TMEA, 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, TMEA will
notify the City the amount of the contribution to be made by all participating unit employees.
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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, their 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. Designated part-time regular employees shall be eligible for General Leave on a pro-rata share based
upon position allocation (i.e., a % time employee shall receive a 50% allocation; a % time employee
shall receive a 75% allocation).
C. At any time, employees may accumulate General Leave to a maximum of two times the employee's
annual entitlement. Upon reaching the maximum, accrual will cease until leave is used to reduce the
accrual below the maximum. Upon separation from City service the employee will be paid for unused
Leave, not to exceed the maximum of two years entitlement, at the employee's then current base
salary rate.
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 to 140 hours of General Leave which will be earned in the following calendar year at the
employee's base rate of pay.
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. 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 (1 %) hours 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.
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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 their account if notice of such desired retention
is submitted to the City.
C. An employee wishing to use their accrued Compensatory Time Off shall provide the City with
reasonable notice of such request. "Reasonable notice" is defined as at least two weeks' notice. If
reasonable notice is provided, the employee's request will not be denied unless it would be unduly
disruptive to the department to grant the request. A request to use Compensatory Time Off with less
than two weeks' notice may still be granted within the discretion of the supervisor or manager
responsible for considering the request.
D. When an employee separates from City service or remains employed by the City, but moves to a
position no longer represented by TMEA, an employee shall be compensated for all accrued
Compensatory Time Off at their regular rate of pay.
Article 32. Holidays
The following days shall be holidays for which all employees will receive compensation either in pay or
paid time off:
January 1
Third Monday in January
Third Monday in February
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
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday
occurs on a Saturday, the preceding Friday will be observed instead.
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.
If a Holiday falls on a day that is an employee's regular day off, the employee has the option of accruing
General Leave as payment for the Holiday or earning Holiday Pay on the Holiday. Employees working a
9/80 schedule receive a total of 9 hours of pay for each Holiday (either as accrued General Leave or as
Holiday Pay). Employees working a 4/10 schedule receive a total of 10 hours of pay for each Holiday (either
as accrued General Leave or as Holiday Pay). Employees shall indicate their choice by entering the
applicable pay code(s) on their timesheets.
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Designated part-time regular employees shall be eligible for holidays on a pro-rata share based upon
position allocation (i.e. a % time employee shall receive a 50% allocation; a % time employee shall receive
a 75% allocation).
Article 33. Holiday Closure
City Hall will be closed on the days between Christmas Day and New Year's Eve. An employee regularly
assigned to work on one or more days during this time period shall use accrued paid leave for his/her
regularly scheduled hours for each day he/she would otherwise have been scheduled to work.
Article 34. Bereavement Leave
The City will allow up to five (5) days of paid leave for the purpose of Bereavement Leave in the event of
a death in the immediate family. For purposes of this section, "immediate family" shall be defined as
including spouse, registered domestic partner, mother, stepmother, father, stepfather, brother, step
brother, sister, step sister, child, stepchild, grandparent, step grandparent, grandchild and step grandchild
of the employee or the employee's spouse/registered domestic partner. Designated part-time regular
employees shall be eligible for Bereavement Leave on a pro-rata share based upon position allocation (i.e.
a % time employee shall receive a 50% allocation; a % time employee shall receive a 75% allocation).
CHAPTER 5 — WORKING CONDITIONS
Article 35. Workweek & Work Schedules
A. The workweek for all members of the unit shall be 168 regularly recurring hours. For employees
working a schedule other than the 9/80 work schedule, the workweek shall begin on Sunday at 12:00
a.m. and end at 11:59 p.m. the following Saturday. For employees working the 9/80 work schedule,
each employee's designated FLSA workweek (168 hours in length) shall begin exactly four (4) hours
after the start time of their eight (8) hour shift on the day of the week that corresponds with the
employee's alternating regular day off.
B. Field Services employees and Water Services employees shall work a 4/10 work schedule. Employees
shall be assigned to a Monday through Thursday shift or a Tuesday through Friday shift.
C. Any employee's work schedule may be temporarily changed to accommodate training assignments
which are eight (8) or more hours in duration.
D. The City will provide a seven (7) day notice to affected employees prior to modifications to an
employee's regular work schedule.
E. Individuals wishing to flex hours or modify their work schedule from one day to another (for example,
work 8 hours on Tuesday and 10 hours on Thursday) must receive advance authorization from their
supervisor. An employee's request to modify a work schedule or flex their schedule is not intended,
nor shall it be allowed, to enable an overtime liability to the City pursuant to the MOU or the FLSA.
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Article 36. Telecommuting
Employees are eligible for participation in the City's Telecommuting program, subject to the needs of the
City and the employee's department. The City Manager has the authority to implement rules, policies
and procedures for Telecommuting.
Article 37. Rest Periods
During each work shift of at least eight (8) hours, two (2) fifteen (15) minute rest periods will be scheduled.
The scheduling of rest periods shall be at the discretion of the employee's supervisor and no additional
compensation will be provided for rest periods not taken.
Article 38. Lunch Break
The City has agreed to Field Services and Water Services employees taking a one-half hour lunch in the
field. This is in recognition of the fact that the City anticipates increased efficiency, because, as a general
rule, employees will not return to the Corporation Yard for the lunch break.
Unit employees (other than Field Services and Water Services employees) are scheduled to take a one (1)
hour lunch period. Individuals wishing to flex a portion of their lunch hour (for example — reduce lunch to
hour and leave % hour early for the day) must receive advance authorization from their supervisor.
Article 39. Uniforms
A. The City will make raingear and overalls available for use by Building Inspectors, Senior Building
Inspectors and Public Works Inspectors.
B. The City will provide eleven (11) sets of pants/shorts and shirts for each Field and Water Services
division employee, ten sets of pants/shirts for Custodians and Water Meter Readers, and two shirts
for the Transportation Coordinator required to wear a uniform and the City will pay the cost of renting
and cleaning the standard -issue employee uniforms. Each employee may designate a combination
of pants and shorts for the term of the contract with the uniform vendor. This combination may not
be changed during the term of the contract with the uniform vendor. Field and Water Service division
employees may substitute one pants/shirt set with a pair of coveralls. Each employee must have long
pants immediately available for wear on a daily basis. Additional uniforms, laundering, or special
services shall be at the employee's expense.
C. Unit employees who separate from City service shall be responsible for the return of all uniforms and
equipment issued and/or purchased on behalf of the employee. Failure to return uniforms and/or
equipment issued will result in a reduction equivalent to the dollar value of the cost of those items
not returned from the employee's final paycheck.
D. The City shall provide safety boots/shoes to employees in the unit who need them to effectively
perform their job. Classifications required to wear safety boots/shoes include the following:
Equipment Mechanic, Equipment Operator, Maintenance Leadworker, Maintenance Worker, and
Senior Maintenance Worker in the Field Services Division; Water Distribution Leadworker, Water
Distribution Operator 1/11, Water Equipment Operator, and Water Treatment Operator 1/11 in the
Water Services Division; Public Works Inspector and Senior Public Works Inspector in the Engineering
Division; Building Inspector, Senior Building Inspector, and Code Enforcement Officer in the
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Community Development Department; Water Meter Reader in the Finance Department, Recreation
Facilities Lead in the Parks and Recreation Department, and any other classification to which the
parties agree. The City shall replace safety boots/shoes one time each twelve (12) months if necessary
and re-heel/re-sole the safety boots/shoes one time each six (6) months if necessary. Should boots
become worn down and in an unsafe or unusable condition in less than twelve (12) months,
employees may be allowed to replace the safety boots/shoes upon approval of their supervisor.
Employees may also request anew insole for their boots/shoes in lieu of anew pair of boots/shoes or
a re-heel/re-sole of boots/shoes. Unit employees who separate from City service with less than six
(6) months of service shall return safety shoes or the City shall deduct a pro-rata share of the purchase
price of the shoes from the employees' final paycheck.
E. The City shall use appropriate documents for employees to sign to enable the City to take any
necessary payroll deductions should the employee not return their uniforms.
F. 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 monetary value of the rental and maintenance of the 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 40. Commercial Driver's License
Employees who have a Commercial Driver's License (whether voluntarily or due to job requirements)
will be reimbursed for the difference between the cost of the license and a regular non-commercial
driver's license. Additionally, the City will provide training and pay for physical examinations
necessary to obtain and maintain the Commercial Driver's License for incumbent non -probationary
employees.
A. The classifications required to maintain a California Class A or Class B license include (but are not
limited to) Equipment Mechanic, Equipment Mechanic Leadworker, Equipment Operator,
Maintenance Leadworker, Senior Maintenance Worker, Transportation Coordinator, Water
Distribution Leadworker, Water Distribution Operator 1/11, Water Equipment Operator, Water
Treatment Leadworker, and Water Treatment Operator 1/11.
B. Pursuant to State and/or Federal law, in the event an employee is unable to obtain and/or maintain
the license required of their classification, the City will attempt to make appropriate accommodations
as required under the law if possible.
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 41. Appeals Procedure
A. Pre -Disciplinary Meeting and Disciplinary Appeals
1. Pre -Disciplinary Meeting
An employee who has attained a regular appointment shall have the right to a pre -disciplinary
meeting before their department head or designee whenever the employee may be subject to a
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demotion, non -emergency suspension, or non -emergency dismissal. In the event of an emergency
suspension or dismissal a meeting will be conducted by the department head or designee as soon
as practicable after the action has been taken.
2. Procedure for Pre -Disciplinary Meetings
Notice of a proposed disciplinary action shall be provided to the employee including a statement
of the proposed action, the reasons therefore, and a copy of the charges and materials upon
which the action is based. The employee shall have ten (10) days to respond orally, in writing, or
both to the charges. Within ten (10) days of the employee's response, they 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 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 twenty (20) days of the receipt of the department
head's decision. The arbiter shall be chosen from a panel of seven (7) arbiters from a list provided
either by the American Arbitration Association or the State Mediation and Conciliation Service.
The parties shall alternately strike names until one arbiter remains.
4. If the appeal is heard by anyone other than the City Manager, the hearing officer shall submit a
written report outlining their findings, conclusions, and recommendations to the City Manager.
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5. Within twenty (20) 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 their City appointee, the City Manager shall
provide their written decision to the employee.
C. Hearings
1. Where practicable, the date of the hearing shall not be less than twenty (20) days, nor more than
sixty (60) days, from the date of the filing of the appeal with the City Manager provided that the
parties may agree to a longer or shorter period of time.
2. All hearings involving disciplinary action against an employee shall be closed to the public unless
the affected employee requests that the hearing be open to the public.
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 their
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,
they 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 TMEA.
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 the 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.
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. They shall base their findings on the preponderance of evidence. During the
examination of a witness, all other witnesses, except the parties, shall be excluded from
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the hearing unless the hearing officer, for good cause, otherwise directs. No still
photographs, moving pictures, or television pictures shall be taken in the hearing
chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a
continuance for any reason they believe 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 their
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 rejecting or modifying the disciplinary
action.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director of
Human Resources, who will forward them to the City Manager. The City Manager, in their 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 their 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 their decision beyond the ten-day period if they believe 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 City Manager chooses to have the appeal heard by an arbiter, the City shall bear the cost of
the hearing up to a maximum of $1,000; any excess cost will be shared equally by the City and
TMEA. If the TMEA requested that an arbiter be appointed to hear the appeal the TMEA 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 TMEA. 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 their 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.
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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 a Memorandum of Understanding (MOU), the Personnel Rules, or
other agreements between the City and the employee organization.
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 the employee organization,
the MOU or violation or potential violation of state or federal law.
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 their 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 their immediate supervisor, provided that if the
employee suspects or has proof that a federal or state law is being violated or is about to be
violated he may file the grievance at Step 2 of this procedure. Within ten (10) days of receipt of
the form, the supervisor shall inform the grievant of their 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 their department head.
After receipt of the grievance, the department head will meet with the grievant and make such
investigation as is required. Within ten (10) days of their meeting with the grievant, the
department head shall inform the grievant of their decision.
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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 their 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 their 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 their 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.
If an employee chooses not to be represented by the employee organization and the subject of
the grievance involves MOU or other provisions which have been negotiated between the City
and the employee organization, the organization 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.
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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.
An employee may appeal their performance evaluation to their department head (or another department
head if the employee's department head prepared the evaluation).
Article 44. Meetings
A. TMEA shall be entitled to four (4) City-wide membership meetings each calendar year. These
meetings are in addition to the MOU ratification meeting allowed TMEA. TMEA shall provide a
minimum of two (2) weeks' advance notice to the City of such meetings. Employees will be allowed
up to one (1) hour of release time to attend each such meeting.
B. Employees who are invited by the City to attend meetings during working hours that are designed to
promote effective communication and cooperation between the City and TMEA shall receive paid
release time for their attendance.
C. In addition to release time for negotiations, team members shall be permitted thirty (30) minutes
before and thirty (30) minutes after negotiations for preparation and consultation.
D. Members of the Association Board are permitted to attend one Board meeting per month during
lunch. If the meeting occurs during a Board member's work hours, they 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)
unless releasing the employee from work would be unduly disruptive to the departments' operations.
A Board member must provide reasonable advance notice to their supervisor if they plan to attend a
Board meeting.
E. If the Association President or Board member of the Association needs to attend a meeting not
addressed above, they must request permission in advance and the discretion to grant permission to
attend remains with the employee's supervisor. Permission to attend will not be unreasonably
denied.
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 (including
sympathy 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 (including sympathy slowdowns and/or sympathy
strikes).
B. Any employee who participates in any of the conduct prohibited above shall be subject to discipline
up to and including termination.
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C. In the event of such activities, the Association shall immediately instruct any person engaging in such
conduct that they are violating the Agreement and that they are engaging in unauthorized conduct
and should resume full and faithful performance of their job duties.
Article 46. Management Rights
The City has the exclusive right to establish Personnel Rules and department regulations, including
subsequent amendments and revisions. In addition, except as otherwise specified in this MOU, the City
has the exclusive right to:
1. Contract or subcontract construction, services, maintenance, distribution or any other work with
outside public or private entities;
2. Suspend 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;
3. Determine staffing and direct the work force, including the right to hire, promote, demote,
evaluate, transfer, lay off or discharge any employee;
4. Take such further action as maybe necessary to organize and operate the City in the most efficient
and economical manner to serve the public interest;
5. Modify the performance evaluation form; and
6. Modify and update class specifications.
Article 47. Layoffs
A. Authority to Lay Off
The City Manager may lay off employees at any time for lack of work, budgetary reasons, technological
changes or other City actions that necessitate a reduction in the work force.
B. Notice
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.
C. Definitions
1. Original probationary period — an employee's first probation period during continuous City
employment.
2. Promotional probationary period —the probationary period served upon promotion from one City
position to another.
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3. Seniority — length of continuous paid service with the City from date of hire into any bargaining
unit position. For purposes of this section, time served on a military leave of absence and a leave
of absence due to a workers' compensation injury shall be considered City service. An employee
shall continue to accrue seniority during any unpaid leave of absence of 30 days or less taken for
any purpose; however, seniority will cease to accrue after 30 days of unpaid leave.
D. Designation of Positions for Layoff
When it becomes necessary to reduce the work force, the City Manager shall designate the position(s)
or classification(s), and division(s), department(s), or other organizational unit(s) in which positions
are to be eliminated. Contract, provisional, and temporary employees in the same classification as the
positions proposed for elimination within the affected organizational unit shall be laid off first.
Probationary promotional employees who are laid off shall be returned to the position held prior to
their promotion.
E. Order of Layoff
1. The names of all original probationary employees occupying positions in the affected class shall
be listed in alphabetical order. The City Manager or their designee shall select from this list one
employee, regardless of their place on the list, to be laid off for each position to be abolished.
If the positions to be abolished exceed the number of employees available for layoff after layoff
of original probationary employees as described above, a "Subject to Layoff List" shall be
prepared. The list shall be composed of all regular and promotional probationary employees in
the class from which a position is to be abolished. Names of the employees shall be listed in
reverse order of their lengths of City service; i.e., those having the least seniority will be listed
first.
In selecting employees to be laid off, those employees at the top of the list shall be laid off first.
When employees have equal seniority, the City Manager will select the employee to be laid off
with consideration given to the employee's past performance and in consultation with the
concerned department head.
4. The names of laid off employees shall be listed on a re-employment list in the reverse order of
their dates of layoff.
F. Bumping Rights
Any employee subject to layoff who has held regular status in a position in a lower classification in the
class series from which they are to be laid off may request placement in the lower classification.
The City has identified the following class series for unit classifications (listed from lower level to
higher level):
1. Accounting Specialist, Senior Accounting Specialist
2. Management Assistant, Senior Management Assistant, Management Analyst I
3. Assistant Engineer, Associate Engineer
4. Planning Technician, Assistant Planner, Associate Planner
5. Building Permit Technician, Senior Building Permit Technician
6. Building Inspector, Senior Building Inspector
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7. Equipment Mechanic, Equipment Mechanic Leadworker
8. Maintenance Worker, Senior Maintenance Worker, Equipment Operator, Maintenance
Leadworker
9. Administrative Assistant, Executive Assistant
10. Public Works Inspector, Senior Public Works Inspector
11. Water Distribution Operator I, Water Distribution Operator II, Water Equipment Operator,
Water Distribution Leadworker
12. Water Treatment Operator I, Water Treatment Operator II, Water Treatment Leadworker
An employee who has been involuntarily transferred to a class from which a layoff is to be made shall
have automatic bumping rights to their previous classification for up to one (1) year from the effective
date of the transfer.
G. Severance Assistance
1. Severance Pay
Severance pay of one (1) week per year of service, up to a maximum of four (4) weeks of pay, will
be provided to an employee who is laid off and not offered employment through an agreement
between a contractor and the City. This provision only applies to employees who actually lose
employment with the City, not employees who are placed in another position as a result of
bumping rights.
2. Flexible Benefits Contributions
An employee who is laid off shall have their Flexible Benefits contribution continued for an
additional two (2) months following the month in which the employee was laid off if they are not
covered by another medical plan at the time.
3. Letters of Recommendation
Letters of recommendation will be provided for an employee whose performance was satisfactory
as of the date of their layoff.
4. Employment Assistance
Reasonable assistance in locating alternative employment will be provided for an employee who
is laid off.
H. Re -Employment List
The name of every regular employee who is laid off or demoted in lieu of layoff shall be placed on a
re-employment list in reverse order of their dates of layoff.
Names may be removed from a re-employment list for any of the following reasons:
1. The expiration of eighteen (18) months from the date of placement on the list.
2. Re-employment in any permanent full-time position, regardless of department or
classification level.
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3. Failure to respond within twenty-one (21) calendar days of mailing of a letter sent via Certified
Mail regarding availability of employment.
4. Failure to report to work within fourteen (14) calendar days of mailing of a registered letter
containing a notice of re-employment, absent mitigating circumstances.
5. An individual requests in writing that their name be removed from the list.
I. Re -Employment
Vacancies to be filled within a department shall be offered first to individuals on the re-employment
list who held a position in the same classification as the vacancy to be filled.
A regular employee who has been laid off and is re-employed in a permanent position within eighteen
(18) months from the effective date of their layoff shall be entitled to:
1. Buy back and restoration of all General Leave credited to the employee's account on the
effective date of layoff at the same rate as it was paid off. This restoration must be requested
in writing within 30 days of returning to work and must be fully paid back within six (6) months
of the return to work.
2. Restoration of seniority accrued prior to layoff and during layoff.
3. The same General Leave accrual rate that was in effect prior to layoff.
4. Placement in the salary range at the same step held prior to layoff if the employee is
reinstated to the same job classification from which they were laid off.
If the person who is re-employed had not satisfactorily completed the required probationary period
in the department of appointment prior to layoff, they shall serve a probationary period upon re-
employment.
J. Notices
At least two (2) weeks' notice (14 calendar days) shall be given to any employee who is to be laid off.
All notices and requested actions referenced in this section shall be in writing and sent by Certified
Mail or delivered personally to the addressee. All notices to the City shall be addressed to the City
Manager. The employee shall be responsible for notifying the City of any address change and any
such notice shall be served in accordance with this paragraph.
K. Displacement of Part -Time Employee
In the event a reduction in force is necessary, a part-time employee may not displace a full-time
employee. However, a full-time employee may displace a less senior part-time employee provided
they are otherwise eligible to displace the less senior employee.
L. No Appeal
Employees do not have any right to appeal their layoff from employment.
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IN WITNESS WHEREOF, the parties hereto have executed this document this 17t" day of September 2024.
FOR THE CITY OF TUSTIN
Aldo E. Schindler, City Manager
Derick Yasuda, Director of Human Resources
Nicole Bernard, Assistant City Manager
Karyn Roznos, Human Resources Manager
Peter Brown, Liebert Cassidy Whitmore
FOR THE TUSTIN MUNICIPAL EMPLOYEES
ASSOCIATION
Frank Apuron, President
Leo Stiles, Vice President
Brooke Lovell, Secretary
Ali Zargarbashi, Treasurer
Mike Arionus, Board Member
Jason Boda, Board Member
Didier Rodriguez, Board Member
Alissa Rojas, Board Member
Bo Gutierrez, UELA General Manager
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APPENDIX A - HOURLY SALARY RANGES
Effective the Pay Period that includes July 1, 2024
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Accountant
34.60
36.39
38.24
40.20
42.26
44.37
46.58
Accounting Specialist
24.45
25.71
27.03
28.41
29.86
31.36
32.92
Accounting Specialist PT
24.45
25.71
27.03
28.41
29.86
31.36
32.92
Administrative Assistant-TMEA
27.09
28.48
29.94
31.47
33.08
34.74
36.48
Assistant Engineer
41.63
43.76
46.00
48.35
50.83
53.38
56.05
Assistant Planner
34.60
36.39
38.24
40.20
42.26
44.37
46.58
Associate Engineer
47.28
49.70
52.24
54.93
57.74
60.63
63.66
Associate Planner
38.34
40.30
42.36
44.53
46.81
49.15
51.60
Building Inspector
35.39
37.20
39.11
41.11
43.22
45.38
47.65
Building Permit Technician
26.36
27.70
29.14
30.61
32.18
33.79
35.48
Code Enforcement Officer
34.00
35.75
37.57
39.50
41.53
43.59
45.77
Code Enforcement Officer PT
34.00
35.75
37.57
39.50
41.53
43.59
45.77
Electrician
33.95
35.68
37.51
39.43
41.45
43.53
45.71
Equipment Mechanic
30.40
31.95
33.58
35.31
37.11
38.97
40.91
Equipment Mechanic Leadworker
33.59
35.31
37.11
38.97
40.92
42.96
45.11
Equipment Operator
29.14
30.61
32.18
33.84
35.57
37.35
1 39.21
Executive Assistant-TMEA
31.47
33.08
34.77
36.56
38.43
40.35
42.37
Information Tech Specialist
36.28
38.14
40.10
42.15
44.31
46.52
48.85
Maintenance Leadworker
31.79
33.41
35.13
36.92
38.81
40.76
42.80
Maintenance Worker
24.96
26.23
27.58
28.98
30.47
31.99
33.59
Management Analyst I - TMEA
39.11
41.11
43.22
45.43
47.75
50.15
52.66
Management Assistant - TMEA
30.92
32.50
34.18
35.93
37.76
39.66
41.64
Planning Technician
29.96
31.46
33.03
34.68
36.42
38.24
40.16
Plans Examiner
41.63
43.76
46.00
48.35
50.83
53.38
56.05
Public Works Inspector
35.57
37.39
39.30
41.31
43.43
45.61
47.89
Recreation Facilities Lead
25.77
27.09
28.48
29.94
31.47
33.05
34.70
Recreation Program Specialist
24.40
25.65
26.96
28.33
29.79
31.28
32.85
Senior Accounting Spec
29.79
31.32
32.92
34.60
36.39
38.19
40.10
Senior Building Inspector
41.63
43.76
46.00
48.35
50.83
53.38
56.05
Senior Building Permit Technician
30.65
32.18
33.79
35.48
37.25
39.11
41.07
Senior Code Enforcement Officer
39.50
41.53
43.59
45.77
48.06
50.47
52.99
Senior Maintenance Worker
27.43
28.84
30.31
31.86
33.50
35.18
36.94
Senior Management Ast-TMEA
35.93
37.76
39.70
41.73
43.87
46.06
48.36
Senior Public Works Inspector
41.63
43.76
46.00
48.35
50.83
53.38
56.05
Transportation Coordinator
20.79
21.86
22.97
24.15
25.39
26.66
27.99
Water Distribution Leadworker
34.60
36.39
38.24
40.20
42.26
44.37
46.58
Water Distribution Oper 1
25.83
27.17
28.55
30.01
31.55
33.12
34.78
Water Distribution Oper II
28.84
30.31
31.86
33.50
35.22
36.97
38.82
Water Equipment Operator
31.23
32.84
34.53
36.28
38.14
40.05
42.05
[341
Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
TM EA MOU 2024 — 2027
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Water Meter Reader
28.84
30.31
31.86
33.50
35.22
36.97
38.82
Water Treatment Leadworker
38.91
40.91
43.00
45.16
47.41
49.80
52.29
Water Treatment Operator 1
32.75
34.43
36.19
38.05
40.00
42.00
44.10
Water Treatment Operator II
35.22
37.03
38.91
40.91
42.99
45.15
47.41
[351
Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
TMEA MOU 2024 - 2027
Effective the Pay Period that includes July 1, 2025
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Accountant
35.98
37.84
39.77
41.80
43.95
46.14
48.45
Accounting Specialist
25.43
26.74
28.11
29.55
31.05
32.61
34.24
Accounting Specialist PT
25.43
26.74
28.11
29.55
31.05
32.61
34.24
Administrative Assistant-TMEA
28.18
29.62
31.14
32.73
34.40
36.13
37.94
Assistant Engineer
43.30
45.51
47.84
50.29
52.86
55.52
58.29
Assistant Planner
35.98
37.84
39.77
41.80
43.95
46.14
48.45
Associate Engineer
49.17
51.69
54.33
57.13
60.05
63.05
66.21
Associate Planner
39.87
41.91
44.06
46.31
48.69
51.11
53.67
Building Inspector
36.81
38.69
40.68
42.76
44.95
47.19
49.55
Building Permit Technician
27.41
28.81
30.30
31.84
33.47
35.15
36.90
Code Enforcement Officer
35.36
37.17
39.08
41.08
43.19
45.34
47.60
Code Enforcement Officer PT
35.36
37.17
39.08
41.08
43.19
45.34
47.60
Electrician
35.31
37.11
39.01
41.01
43.11
45.27
47.53
Equipment Mechanic
31.61
33.22
34.92
36.72
38.59
40.53
42.55
Equipment Mechanic Leadworker
34.93
36.72
38.59
40.53
42.55
44.68
46.91
Equipment Operator
30.30
31.84
33.47
35.19
36.99
38.84
40.78
Executive Assistant-TMEA
32.73
34.40
36.17
38.02
39.97
41.96
44.06
Information Tech Specialist
37.73
39.67
41.71
43.83
46.09
48.39
50.80
Maintenance Leadworker
33.06
34.75
36.53
38.40
40.36
42.39
44.51
Maintenance Worker
25.95
27.27
28.68
30.14
31.69
33.27
34.93
Management Analyst I - TMEA
40.68
42.76
44.95
47.25
49.66
52.15
54.76
Management Assistant - TMEA
32.16
33.80
35.54
37.37
39.27
41.24
43.31
Planning Technician
31.16
32.72
34.35
36.07
37.87
39.77
41.76
Plans Examiner
43.30
45.51
47.84
50.29
52.86
55.52
58.29
Public Works Inspector
36.99
38.88
40.87
42.96
45.16
47.43
49.80
Recreation Facilities Lead
26.80
1 28.18
29.62
31.14
32.73
34.37
36.09
Recreation Program Specialist
25.37
26.67
28.04
29.47
30.98
32.54
34.16
Senior Accounting Spec
30.98
32.57
34.23
35.98
37.84
39.72
41.71
Senior Building Inspector
43.30
45.51
47.84
50.29
52.86
55.52
58.29
Senior Building Permit Technician
31.88
33.47
35.15
36.90
38.74
40.68
42.71
Senior Code Enforcement Officer
41.08
43.19
45.34
47.60
49.99
52.49
55.11
Senior Maintenance Worker
28.53
29.99
31.53
33.14
34.84
36.58
38.41
Senior Management Ast-TMEA
37.37
39.27
41.29
43.40
45.63
47.90
50.30
Senior Public Works Inspector
43.30
45.51
47.84
50.29
52.86
55.52
58.29
Transportation Coordinator
21.63
22.73
23.89
25.12
26.40
27.73
29.11
Water Distribution Leadworker
35.98
37.84
39.77
41.80
43.95
46.14
48.45
Water Distribution Oper 1
26.87
28.25
29.69
31.22
32.82
34.45
36.17
Water Distribution Oper II
29.99
1 31.53
33.14
34.84
36.63
38.45
40.38
Water Equipment Operator
32.48
1 34.16
35.91
37.73
39.67
41.65
43.74
[361
Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
TM EA MOU 2024 — 2027
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Water Meter Reader
29.99
31.53
33.14
34.84
36.63
38.45
40.38
Water Treatment Leadworker
40.47
42.54
44.72
46.97
49.31
51.79
54.38
Water Treatment Operator 1
34.06
35.81
37.64
39.57
41.60
43.68
45.87
Water Treatment Operator II
36.63
38.51
40.47
42.54
44.71
46.96
49.31
[371
Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
TMEA MOU 2024 - 2027
Effective the Pay Period that includes July 1, 2026
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Accountant
37.42
39.35
41.36
43.48
45.71
47.99
50.39
Accounting Specialist
26.44
27.81
29.24
30.73
32.30
33.92
35.61
Accounting Specialist PT
26.44
27.81
29.24
30.73
32.30
33.92
35.61
Administrative Assistant-TMEA
29.30
30.80
32.39
34.04
35.78
37.58
39.46
Assistant Engineer
45.03
47.33
49.75
52.30
54.98
57.74
60.62
Assistant Planner
37.42
39.35
41.36
43.48
45.71
47.99
50.39
Associate Engineer
51.14
53.76
56.51
59.41
62.45
65.58
68.85
Associate Planner
41.47
43.59
45.82
48.17
50.63
53.16
55.82
Building Inspector
38.28
40.24
42.30
44.47
46.75
49.08
51.54
Building Permit Technician
28.51
29.96
31.51
33.11
34.81
36.55
38.38
Code Enforcement Officer
36.77
38.66
40.64
42.73
44.92
47.15
49.51
Code Enforcement Officer PT
36.77
38.66
40.64
42.73
44.92
47.15
49.51
Electrician
36.72
38.59
40.57
42.65
44.84
47.08
49.44
Equipment Mechanic
32.88
34.55
36.32
38.19
40.14
42.15
44.25
Equipment Mechanic Leadworker
36.33
38.19
40.14
42.15
44.26
46.47
48.79
Equipment Operator
31.51
33.11
34.81
36.60
38.47
40.39
42.41
Executive Assistant-TMEA
34.04
35.78
37.61
39.54
41.57
43.64
45.82
Information Tech Specialist
39.24
41.25
43.37
45.59
47.93
50.32
52.84
Maintenance Leadworker
34.38
36.14
37.99
39.94
41.98
44.09
46.29
Maintenance Worker
26.99
28.37
29.83
31.35
32.96
34.60
36.33
Management Analyst I - TMEA
42.30
44.47
46.75
49.14
51.65
54.24
56.95
Management Assistant - TMEA
33.45
35.16
36.96
38.86
40.84
42.89
45.04
Planning Technician
32.41
34.03
35.72
37.51
39.39
41.36
43.43
Plans Examiner
45.03
47.33
49.75
52.30
54.98
57.74
60.62
Public Works Inspector
38.47
40.44
42.50
44.68
46.97
49.33
51.79
Recreation Facilities Lead
27.87
29.30
30.80
32.39
34.04
35.75
37.53
Recreation Program Specialist
26.39
27.74
29.16
30.64
32.22
33.84
35.53
Senior Accounting Spec
32.22
33.87
35.60
37.42
39.35
41.31
43.37
Senior Building Inspector
45.03
47.33
49.75
52.30
54.98
57.74
60.62
Senior Building Permit Technician
33.16
34.81
36.55
38.37
40.29
42.30
44.42
Senior Code Enforcement Officer
42.73
44.92
47.15
49.51
51.98
54.59
57.32
Senior Maintenance Worker
29.67
31.19
32.79
34.46
36.24
38.05
39.95
Senior Management Ast-TMEA
38.86
40.84
42.94
45.14
47.45
49.82
52.31
Senior Public Works Inspector
45.03
47.33
49.75
52.30
54.98
57.74
60.62
Transportation Coordinator
22.49
23.64
24.85
26.12
27.46
28.83
30.28
Water Distribution Leadworker
37.42
39.35
41.36
43.48
45.71
47.99
50.39
Water Distribution Oper 1
27.94
29.38
30.88
32.46
34.13
35.83
37.62
Water Distribution Oper II
31.19
32.79
34.46
36.24
38.09
39.99
41.99
Water Equipment Operator
33.78
35.52
37.34
39.24
41.25
43.32
45.48
[381
Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
TM EA MOU 2024 — 2027
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Water Meter Reader
31.19
32.79
34.46
36.24
38.09
39.99
41.99
Water Treatment Leadworker
42.09
44.25
46.51
48.85
51.28
53.86
56.55
Water Treatment Operator 1
35.42
37.24
39.14
41.15
43.26
45.43
47.70
Water Treatment Operator II
38.09
40.05
42.09
44.25
46.50
48.84
51.28
[391