HomeMy WebLinkAbout10 MOU WITH TPOA AND TPMADocusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item
10
AGENDA REPORT Reviewed:
a Li
City Manager
Finance Director
J
APRIL 15, 2025
ALDO E. SCHINDLER, CITY MANAGER
DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE
OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION
UNIT AND THE TUSTIN POLICE OFFICERS ASSOCIATION —
POLICE MANAGEMENT REPRESENTATION UNIT
Adoption of the attached Resolutions and Memoranda of Understanding will authorize terms and
conditions of employment for employees in classifications represented by the Tustin Police
Officers Association — Police Officer Representation Unit (TPOA) and the Tustin Police Officers
Association — Police Management Representation Unit (TPMA) in accordance with City Council
direction.
RECOMMENDATION:
Adopt Resolutions No. 25-29 and No. 25-30 to amend the City's Classification and
Compensation Plans, approve a Memorandum of Understanding with TPOA for the period July
1, 2025 through June 30, 2028, and approve a Memorandum of Understanding with TPMA for
the period July 1, 2025 through June 30, 2028.
FISCAL IMPACT:
The provisions of these agreements are estimated to result in an additional cost of approximately
$2,580,504 in Fiscal Year 2025-26, $3,875,052 in Fiscal Year 2026-27, and $5,125,383 in Fiscal
Year 2027-28 and beyond. These additional expenditures will be included in the upcoming Fiscal
Year 2025-2027 biennial budget that will be presented to the City Council in May 2025 for a
budget workshop and in June 2025 for budget adoption.
CORRELATION TO THE STRATEGIC PLAN:
This item correlates to Goal B (Public Safety and Protection of Assets) and Goal E
(Organizational Excellence and Customer Service) by improving the City's ability to recruit and
retain talented public safety staff to ensure Tustin is an attractive, safe, and well -maintained
community in which people feel pride.
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
City Council Agenda Report
MOU with TPOA and TPMA
April 15, 2025
Page 2
BACKGROUND AND DISCUSSION:
TPOA and TPMA represent all sworn Police employees at the City of Tustin, with the exception
of the Police Chief. TPOA represents Police Recruits and sworn Police Officers while TPMA
represents employees in the sworn management ranks of Police Sergeant, Police Lieutenant,
and Police Captain.
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 MOUs with TPOA
and TPMA (four-year contracts negotiated in 2021) are due to expire on June 30, 2025.
The recruitment and retention of quality employees has been a challenge for the City in recent
years, however this has been exceptionally difficult for sworn police officers. Police officers are
in high demand throughout the region, with a shortage of high quality candidates leading to
intense competition for talent amongst local law enforcement agencies. While the City has made
considerable efforts to improve employee compensation for sworn officers in recent years, we
nevertheless have fallen behind many of our competitors in the labor market. As a result, the
City has experienced a loss of seasoned personnel to other agencies while also struggling to
attract experienced officers from other law enforcement agencies.
The City started preparing for labor negotiations in late 2024 and began formally meeting and
conferring with TPOA and TPMA on December 17, 2024. On April 2, 2025, after numerous
meetings and exchanges of proposals, the City reached a tentative agreement (TA) with both
TPOA and TPMA on new three-year contracts with a term of July 1, 2025 through June 30, 2028,
subject to ratification by the members of the associations. TPOA/TPMA leadership subsequently
notified the City on April 9, 2025 that their members ratified the TAs. While the City Council has
already authorized the terms of these new agreements, the MOUs must now be formally adopted
via City Council Resolution to conclude the labor negotiations process and allow staff to
implement the MOUs effective July 1, 2025.
The key provisions of the MOUs include base salary increases of 10% in Year 1 (Fiscal Year
2025/26) to immediately make the City's sworn officer compensation more competitive in the
labor market, followed by base salary increases of 5% in Year 2 (Fiscal Year 2026/27), and 4.5%
in Year 3 (Fiscal Year 2027/28). In July 2025, the City will establish a retiree health savings plan,
with a City contribution of 2% of base salary for each employee. To offset rising health insurance
costs, the City will increase Flexible Benefits contributions by 5% each year ($55 to $95 per
month) for employees who enroll the City's health insurance plan (excluding TPMA employees
enrolled in Employee Only coverage, who will receive no increases to their contributions). Other
changes include, but are not limited to, modifications to overtime eligibility and pay rate, Special
Assignment Pay, and Advance Holiday 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 both MOUs, so neither party can obligate the other
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
City Council Agenda Report
MOU with TPOA and TPMA
April 15, 2025
Page 3
party to re -open the contract and alter terms and conditions of employment prior to the expiration
of the MOU.
Dericl Yasuda
Director of Human Resources
Attachments:
1. City Council Resolution No. 25-29
2. MOU between the City and TPOA for the period July 1, 2025 through June 30, 2028
3. City Council Resolution No. 25-30
4. MOU between the City and TPMA for the period July 1, 2025 through June 30, 2028
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
RESOLUTION NO. 25-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE
OFFICER REPRESENTATION UNIT, CONCERNING
WAGES, HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 15-50, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 15-50 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council; and
WHEREAS, the City and the Tustin Police Officers Association — Police Officer
Representation Unit (TPOA) have met and conferred in good faith in accordance with the
requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPOA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2025 through June 30, 2028, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TPOA, effective
July 1, 2025, is hereby approved and incorporated herein by reference as
though fully set forth herein and staff is authorized to amend the City's
Classification and Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2025, 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 15t" day of April 2025.
Resolution 25-29
Page 1 of 2
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
DocuSig ned by:
DAVI oKEWDtG
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 25-29 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 15t" day of April
2025, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 25-29
Page 2 of 2
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM:
July 1, 2025 —June 30, 2028
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA VIOU 2025-28
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS.............................................................................................................3
Article1. Recognition................................................................................................................................3
Article2. Entire Agreement......................................................................................................................3
Article3. Severability................................................................................................................................4
Article 4. Binding on Successors...............................................................................................................4
Article5. Notices.......................................................................................................................................4
Article6. Payroll Deductions.....................................................................................................................4
Article7. Association Dues........................................................................................................................4
CHAPTER 2 — COMPENSATION......................................................................................................................5
Article8. Salary.........................................................................................................................................5
Article 9. Overtime Compensation...........................................................................................................5
Article 10. Uniform Allowance..................................................................................................................7
Article11. Longevity Pay...........................................................................................................................7
Article12. Bilingual Pay.............................................................................................................................7
Article 13. Educational Incentive Pay........................................................................................................8
Article 14. Peace Officer Standards and Training (POST) Certificate Pay.................................................8
Article15. Standby Duty...........................................................................................................................9
Article16. Call -Back Duty..........................................................................................................................9
Article17. Court Pay.................................................................................................................................
9
Article 18. Special Assignments..............................................................................................................10
Article 19. Shift Differential Pay..............................................................................................................11
Article20. Acting Pay..............................................................................................................................12
CHAPTER3 — BENEFITS...............................................................................................................................12
Article 21. Flexible Benefits Plan.............................................................................................................12
Article22. Retirement.............................................................................................................................13
Article 23. Deferred Compensation........................................................................................................15
Article 24. Employee Life Insurance........................................................................................................16
Article 25. Long -Term Disability (LTD) Plan.............................................................................................16
Article 26. Tuition Reimbursement.........................................................................................................16
Article27. Cell Phones............................................................................................................................17
Article 28. Retiree Medical Insurance.....................................................................................................18
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA VIOU 2025-28
Article 29. Retiree Health Savings Plan...................................................................................................18
CHAPTER4 — LEAVES OF ABSENCE..............................................................................................................18
Article30. General Leave........................................................................................................................18
Article 31. Compensatory Time Off........................................................................................................20
Article32. Holidays.................................................................................................................................21
Article 33. Bereavement Leave...............................................................................................................22
CHAPTER 5 —WORKING CONDITIONS.........................................................................................................23
Article34. Attendance............................................................................................................................
23
Article35. Work Schedules.....................................................................................................................23
Article36. Shift Trading...........................................................................................................................25
Article 37. Rest Periods and Lunch Breaks..............................................................................................25
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................25
Article38. Employee Rights....................................................................................................................25
Article 39. Third Party Advisory Process for Disciplinary Appeals..........................................................26
Article 40. Rules of Evidence and Procedure for Employees Removed from Special Assignments .......29
Article 41. Performance Evaluations.......................................................................................................30
Article 42. No Strike / Job Action............................................................................................................
31
Article 43. Management Rights..............................................................................................................31
Article44. Layoffs....................................................................................................................................
31
APPENDIX A— MONTHLY SALARY RANGES.................................................................................................33
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin,
City representatives have met and conferred in good faith with the Tustin Police Officers Association
(hereinafter sometimes referred to as TPOA or Association) pertaining to the wages, hours, benefits and
conditions of employment for employees in the Police Officer Representation Unit; and
WHEREAS, the meeting between the Association and City representatives has resulted in an agreement
and understanding to recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives recommend to the City Council
that it adopt by resolution or resolutions the changes and additions to the wages, hours and conditions of
employment for the unit employees as set forth herein.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement
the provisions of this Memorandum of Understanding (MOU) and modify the City's Classification and
Compensation Plans to reflect the changes approved in this MOU, and that the wages, hours and
conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
A. The City has previously recognized the Tustin Police Officers Association as the majority
representative of employees in the Police Officer Representation Unit for purposes of representation
on issues of wages, hours and other terms and conditions of employment. As majority representative,
the Association is empowered to act on behalf of all employees who hold positions in classes in the
Police Officer Representation Unit whether or not they are individually members of the Tustin Police
Officers Association.
B. The classifications constituting the Police Officer Representation Unit are Police Officer and Police
Recruit.
Article 2. Entire Agreement
The City and TPOA agree that any City resolutions, ordinances, rules, regulations or practices that are in
conflict with the MOU and its provisions are subordinate to this MOU and where conflicts exists this MOU
shall prevail.
[31
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
Article 3. Severability
If any part of this MOU is rendered or declared invalid by reason of any existing or subsequently -enacted
legislation, governmental regulation or order or decree of court, the invalidation of such part of this MOU
shall not render invalid the remaining part hereof.
Article 4. Binding on Successors
This MOU shall be binding on the successors and assigns of the parties hereto and no provisions, terms or
obligations herein contained shall be affected or changed in any way whatsoever by the consolidation,
merger, sale, transfer or assignment of either party hereto.
Article 5. Notices
Notices hereunder shall be in writing and, if to TPOA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, CA 92781; and, if to the City, shall be mailed to City Manager,
City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 6. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits including deferred compensation.
3. Contribution to survivor benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues and any authorized fees to TPOA.
12. Payment of authorized TPOA deductions.
13. Payment for non -return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Deferred compensation
16. Other purposes as may be authorized by the City.
Article 7. 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.
[41
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
It is the Association's responsibility to inform the Human Resources Department as to which members of
the bargaining unit are members of the Association. The Association shall inform the Human Resources
Department in writing of any changes in the membership status of any Association members. Employee
requests to cancel or change deductions shall be directed to the Association. The Association shall
indemnify the City for any claims made by an employee for deductions made in reliance on that
information.
The Association agrees to indemnify, defend, and hold the City and its employees harmless from any
claims, demands, expenses, losses, liabilities, and/or damages arising from the operation of this Article.
CHAPTER 2 — COMPENSATION
Article 8. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period that includes July 1, 2025, employees in the bargaining unit shall receive a
ten percent (10%) base salary increase.
C. Effective the pay period that includes July 1, 2026, employees in the bargaining unit shall receive a
five percent (5%) base salary increase.
D. Effective the pay period that includes July 1, 2027, employees in the bargaining unit shall receive a
four and one-half percent (4.5%) base salary increase.
E. Special Salary Adjustments
Upon the recommendation of the Police Chief, the City Manager may adjust the salary of an employee
to any step within the salary range of their classification. A special salary adjustment will only be
approved in limited circumstances, such as to retain an employee who has received a confirmed offer
of employment from another employer, to correct gross inequities, or to reward outstanding
achievement and performance.
Article 9. Overtime Compensation
A. Work Schedules
Employees in the unit are subject to different work schedules, as described in Article 35. However, all
unit employees are scheduled to work 160 hours in the 28-day FLSA work period, regardless of
whether they are assigned to a 4/10, 3/12.5, or any other alternative work schedule that is agreed
upon by the parties.
B. Overtime Compensation Rate & Eligibility
Overtime is subject to pre -approval by the employee's supervisor.
[5j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
The City shall pay unit employees overtime compensation at the rate of time and one-half (1%) their
regular rate of pay (as defined by the FLSA) for all hours worked in excess of:
1. Regularly scheduled hours per shift, regardless of assigned work schedule; or
2. Hours worked on a non-scheduled workday; or
3. Hours worked in excess of 160 hours in the 28-day FLSA work period.
As a result, all overtime earned per the requirements of the FLSA or pursuant to this MOU will be paid
at the same rate, the regular rate of pay (as defined by the FLSA).
Notwithstanding the above, employees who receive approval to "flex" their hours during a pay period
without increasing their total number of hours worked during the pay period are not eligible to earn
overtime simply by moving their hours to a different day of the pay period or to a different time of
day on a scheduled work day that differs from their regular work schedule (e.g. the employee swaps
days and works 10 hours on Friday instead of 10 hours on Monday; the employee comes in to work
two (2) hours later and leaves two (2) hours later on a scheduled work day).
All forms of paid leave (including General Leave, Compensatory Time Off, Holiday Leave, Jury Duty,
Bereavement Leave, and Labor Code Section 4850 Leave) shall be counted as hours worked for the
purpose of overtime calculations.
Standby Duty hours (pay for off -duty time) and hours in unpaid status (e.g., Leave Without Pay and
disability benefits paid by a third party) shall not be considered hours worked for the purpose of
calculating overtime.
C. Timely Payment of Overtime
Although employees are subject to a 28-day FLSA work period, since all overtime (both FLSA overtime
and overtime paid per this MOU) is paid at the regular rate of pay, all overtime earned within a pay
period shall be paid on the paycheck for the pay period in which the overtime was earned.
D. Definition of Regular Rate of Pay
For purposes of this Article, the regular rate of pay consists of all forms of compensation required by
the FLSA (29 USC § 207(e)) to be included in the regular rate of pay, including, but not limited to, the
following:
• Bilingual Pay (per Article 12)
• Educational Incentive Pay (per Article 13)
• Longevity Pay (per Article 11)
• POST Certificate Pay (per Article 14)
• Shift Differential Pay (per Article 19)
• Special Assignment Pay (per Article 18)
In
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
E. Employees may receive Compensatory Time Off in lieu of overtime compensation, subject to the
terms described in Article 31.
Article 10. Uniform Allowance
Employees will be paid a uniform allowance of $429 per year, paid biweekly ($16.50 per pay period for 26
pay periods per year) for the purchase, rental and/or maintenance of the required uniforms. The parties
agree that for "classic members" as defined by the Public Employees' Pension Reform Act of 2013, this is
special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2
CCR, Section 571(a)(5) as Uniform Allowance. However, it is CalPERS who ultimately determines whether
any form of compensation qualifies as special compensation. Special motor officer gear and officer public
safety leather/nylon gear required by the department will be provided.
Article 11. Longevity Pay
An employee who has been continuously employed by the City of Tustin in any full-time position for
between 10 years and 19 years and 364 days shall receive two and one half percent (2.5%) of base salary
as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the
date of their 10' anniversary of consecutive full-time employment with the City.
An employee who has been continuously employed by the City of Tustin in any full-time position for 20
years or more shall receive five percent (5%) of base salary as Longevity Pay. Employees are eligible to
receive this pay beginning the pay period that includes the date of their 20t" anniversary of consecutive
full-time employment with the City.
The parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1) as Longevity Pay. However, it is
CaIPERS who ultimately determines whether any form of compensation qualifies as special compensation.
Article 12. Bilingual Pay
Employees in the classification of Police Officer who successfully pass the City's examination for
conversational skill in a language other than English (which the Director of Human Resources has approved
as being needed for City business) are eligible to receive $275 per month ($126.92 per pay period) as a
Bilingual Pay incentive. The parties agree that this is special compensation and shall be reported as such,
to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Bilingual
Premium. However, it is CAPERS who ultimately determines whether any form of compensation qualifies
as special compensation. Individuals are eligible to receive Bilingual Pay at the beginning of the first pay
period after Human Resources receives the employee's test score demonstrating conversational
proficiency. Should a conflict arise regarding designation of an employee for compensation, proficiency
and/or need, the Director of Human Resources shall determine who is eligible. The City is responsible for
the development and administration of a testing vehicle to determine proficiency. In addition,
Management will determine where within its discretion bilingual proficiency is necessary in a particular
work area and if so will compensate for it.
[7j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
Article 13. Educational Incentive Pay
A. The City shall provide Educational Incentive Pay as an incentive for employees in the classification of
Police Officer to improve their level of education beyond the expected level for their position.
B. All newly hired employees will be provided information on Educational Incentive Pay during new hire
orientation. Employees who have a degree that qualifies for Educational Incentive Pay are encouraged
to submit a completed Personnel Action Form to start Educational Incentive Pay form and proof of
degree to Human Resources immediately so that payment can be processed as soon as possible.
C. Educational Incentive Pay begins after Human Resources receives a Personnel Action Form along with
proof of the applicable degree, effective at the start of the earliest possible pay period that does not
require a retroactive adjustment. Employees in the classification of Police Recruit are eligible to
receive Educational Incentive Pay as early as their first day of employment after promotion to Police
Officer, provided they follow the requirements specified above in 14.B. A Police Recruit may submit
the required materials prior to promotion, so that payment can be processed immediately upon
promotion. Employees in the classification of Police Officer are eligible to receive Educational
Incentive Pay as early as their first day of employment, provided they follow the requirements
specified above in 14.13.
D. To apply for Educational Incentive Pay, an employee must be actively at work and provide official
documentation of the required degree (Associate's, Bachelor's, or Master's).
E. Incentive amounts areas follows:
Degree in Related Field Amount
Bachelor's $412.50/month($190.38/pay period)
Master's $462.50/month($213.46/pay period)
The parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational Incentive.
However, it is CalPERS who ultimately determines whether any form of compensation qualifies as
special compensation.
Employees who were receiving Educational Incentive Payfor an Associate's degree priorto September
27, 2021 are grandfathered and will continue to receive the compensation they were receiving
($175.00 per month - $80.77 per pay period) for an Associate's degree.
Article 14. Peace Officer Standards and Training (POST) Certificate Pay
Employees in the classification of Police Officer shall receive five percent (5%) of base salary for having an
Intermediate POST Certificate. POST Certificate Pay will begin on the first day of the pay period after the
employee provides Human Resources with documentation that the Intermediate POST Certificate has
been earned.
Employees in the classification of Police Officer shall receive ten percent (10%) of base salary for having
an Advanced POST Certificate. This pay will begin on the first day of the pay period after the employee
IU
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
provides Human Resources with documentation that the Advanced POST certificate has been earned. An
employee who receives pay for an Advanced Post Certificate shall no longer receive the pay for having
previously obtained the Intermediate POST Certificate as the pays are not cumulative.
The parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2). However, it is CalPERS
who ultimately determines whether any form of compensation qualifies as special compensation.
Article 15. Standby Duty
A. Standby Duty is compensation paid to an employee who is off -duty for the inconvenience of being
available to respond to work if called upon by the City to return to work. Unit employees shall be
compensated for Standby Duty (except for court appearances) at the rate of two (2) hours of straight
time for each eight (8) hours required, including Holidays. If an employee is on Standby Duty and the
Standby status is canceled, the employee will still receive the full amount of Standby Pay appropriate
for the time frame involved.
Employees must be able to return to work while on Standby Duty. This means that they may not
consume or take any substances that will impact their ability to perform their job (e.g., alcoholic
beverages) and must have the ability to travel back to the City.
B. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate of
two (2) hours of straight time for morning (a.m. hours) appearances and two (2) hours of straight time
for afternoon (p.m. hours) appearances. In lieu of pay, employees can choose to accrue two (2) hours
of Compensatory Time Off or General Leave for morning (a.m. hours) appearances and two (2) hours
of Compensatory Time Off or General Leave for afternoon (p.m. hours) appearances. If a scheduled
Standby for court appearances is canceled and the employee is not advised (either via phone call,
voicemail or text message) of the cancellation before 6:00 p.m. on the day prior to the subpoena date,
the employee shall receive two (2) hours of Standby Pay. A reasonable effort by the City (e.g., phone
call or voicemail) to notify the employee prior to 6:00 p.m. on the day prior will negate the two (2)
hours of Standby Pay. Employees who are scheduled for Standby Duty shall advise the department of
a telephone number where they can be either reached or a message can be left to advise them of a
cancellation.
C. Employees assigned to SWAT/CNT shall receive fifty dollars ($50) per pay period for being available
for SWAT/CNT services if needed.
Article 16. Call -Back Duty
In addition to Standby Pay, if any, employees shall receive a minimum of two (2) hours of overtime
compensation paid at a time and one-half (1 %) rate for any call (fifteen (15) or more minutes beyond the
end of their shift) which required them to return to duty.
Article 17. Court Pay
A. An employee shall be paid at a rate of time and one-half (1 %) for actual time spent in City -required
court appearances that occur during the employee's off -duty hours. A minimum of two (2) hours of
In
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. — 12:00 p.m.)
and/or a minimum of two (2) hours of such compensation for court appearances scheduled in the
afternoon (12:00 p.m. — 5:00 p.m.).
B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for
the same time period.
Article 18. Special Assignments
A. The Police Chief has sole discretion to determine who shall receive a Special Assignment. Employees
assigned to the following Special Assignments (or successor titles) listed below shall receive, in
addition to their regular compensation, premium pay in the amount of five percent (5%) for
performing in such Special Assignments; provided, however, that at no time may an employee receive
more than one (1) Special Assignment Pay premium. The following Special Assignments are reported
to CalPERS as special compensation because they meet the definition of special compensation
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3), however, it is CalPERS who ultimately
determines whether any form of compensation qualifies as special compensation:
1. Community Impact Officer (Police Liaison Premium)
2. Homeless Liaison Officer (Police Liaison Premium)
3. Field Training Officer (Training Premium)
4. Gang Unit (Gang Detail Assignment Premium)
5. Directed Enforcement Team (Narcotic Division Premium)
6. Investigator (including General Investigations, OCATT, RNSP, OCIAC, DEA Taskforce
Investigator, Joint Terrorism Task Force, School Resource Officer, and any future full-time TFO
assignments) (Police Investigator Premium)
7. K-9 Officer (Canine Officer/Animal Premium)
8. Motorcycle Patrol Officer (Motorcycle Patrol Premium) / Traffic Car (Traffic Detail Premium)
9. Personnel Officer and Training Officer (Police Administrative Officer)
Field Training Officers will receive an additional two percent (2%) of Special Assignment Pay, for a
total of seven percent (7%), when actively training (Training Premium). Employees in any other
Special Assignment are also eligible for this additional pay during the period when they are assigned
to actively train a newly hired Police Officer and function as a Field Training Officer.
B. Employees in any Special Assignment as defined above who completed the Special Assignment (or left
the Special Assignment after serving at least three (3) years) shall receive additional compensation in
the amount of two percent (2%) of base salary as Retained Special Assignment Pay.
Employees who receive Retained Special Assignment Pay will maintain this additional pay upon
promotion. An employee who leaves a Special Assignment as the result of a promotion, and who has
served at least three (3) years in that assignment, shall begin receiving Retained Special Assignment
Pay upon leaving the assignment due to their promotion.
At no time may an employee receive more than one (1) Retained Special Assignment Pay premium,
for a total of two percent (2%) of base salary, regardless of how many Special Assignments the
employee has completed or served at any rank.
[10]
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
Retained Special Assignment Pay is not reported to CaIPERS as special compensation because it does
not meet the definition of special compensation pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3). However, it is CalPERS who ultimately determines whether any form of pay is reportable
special compensation.
C. The City has the absolute discretion regarding the assignment and reassignment of employees to
Special Assignments. Any such assignment is not vested and may be revoked at any time and any
appeal required by Section 3304(b) of the California Government Code shall be governed by Article
40 of this MOU (Rules of Evidence and Procedure for Employees Removed from Special Assignments).
When an employee reaches the expiration date of a Special Assignment term, as specified in the Police
Department's General Orders, the employee does not have the right to appeal the Police Chief's
decision to not renew or extend the employee's term in that Special Assignment.
D. Each employee performing the assignment of Motor Officer or K-9 Officer will receive one (1) paid
day off per month (10 hours) which is considered compensation for hours worked under the FLSA for
the time spent (as an officer -dog handler or officer motor -handler) at their residence in caring for the
dog/equipment during regular days off and during vacation or sick leave.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine
duties, entitles the parties to agree to a reasonable number of hours per month for the performance
of off duty canine duties. The hours derived at in this agreement were determined after an actual
inquiry of the Officers assigned in the K-9 Special Assignment as addressed by Leever v. City of Corson
City, 360 F.3d 1014 (9t" Cir. 2004). It is the intent of the parties through the provisions of this section
to fully comply with the requirements of the FLSA. In addition, both parties believe that this section
of the MOU does comply with the requirements of the FLSA.
The City and Officers understand and agree that this additional compensation is intended to
compensate K-9/Motor Officers for all off duty hours spent caring, grooming, feeding and otherwise
maintaining their assigned canine or maintaining their assigned motorcycle, in compliance with the
FLSA and interpretive cases and rulings. Unless otherwise authorized by a supervisor, employees in
these assignments must limit their off -duty hours to a maximum of ten (10) hours per month because
they are only being paid for 10 hours per month.
Article 19. Shift Differential Pay
Employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at 6:30
a.m. the following day) or to a shift where all hours worked falls between the hours of 6:00 p.m. — 6:30
a.m. shall receive Shift Differential Pay in the amount of $125 per month ($57.69 per pay period). In
addition, Shift Differential Pay shall also be provided to employees who are assigned to the Directed
Enforcement Team or Gang Unit (in recognition of their variable shift schedule) and employees who are
assigned to Squad 7 (a hybrid schedule that includes day, cover, and graveyard shifts). The parties agree
that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant
to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Shift Differential. However, it is CaIPERS who ultimately
determines whether any form of compensation qualifies as special compensation. This differential is
designed to compensate the employee for the inconvenience of working this particular shift.
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
Article 20. Acting Pay
An employee assigned to temporarily work in a higher classification will receive Acting Pay of five percent
(5%) of base pay. This rate will be paid effective the beginning of the first full pay period in which the
employee serves in the Acting assignment.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), Acting Pay shall be reported to CalPERS as Special Compensation. The
parties agree that Acting Pay ("Temporary Upgrade Pay") is described in Title 2 CCR, Section 571(a)(3) as
a "premium pay" — a type of reportable special compensation. This pay is only reportable to CalPERS as
special compensation for those who qualify as classic members as described by the Public Employees'
Pension Reform Act of 2013 — PEPRA. This pay is not reportable as special compensation for employees
defined as "new members" under PEPRA. However, it is ultimately CalPERS who determines whether any
form of pay is reportable special compensation.
CHAPTER 3 — BENEFITS
Article 21. 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) ($158 per month for calendar
year 2025, 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, 2025, the Flexible Benefits contribution per month per
eligible employee will be as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,155 $1,575 $1,811
C. Effective the pay period that includes July 1, 2026, the Flexible Benefits contribution per month per
eligible employee will be as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,213 $1,654 $1,902
D. Effective the pay period that includes July 1, 2027, the Flexible Benefits contribution per month per
eligible employee will be as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,274 $1,737 $1,997
[12)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
E. Effective the pay period that includes each July 1 thereafter, the City's monthly Flexible Benefits
contribution will be increased by five percent (5%).
F. 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.
G. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid out
of their Flexible Benefits contribution. Employees may allocate the remaining amount among the
following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending Account for medical or dependent care reimbursement
6. Eligible catastrophic care programs
7. Cash
Discretionary allocations are to be made in accordance with program/City requirements including
restrictions as to the time when changes may be made in allocations to the respective programs.
H. The City retains the right to change administrators.
I. Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary
and employee -funded.
Article 22. Retirement
A. All employees covered under this Agreement shall be members of the California Public Employees'
Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with
CaIPERS, as amended.
B. Employees first hired by the City as Local Safety members prior to January 1, 2012 shall be provided
the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2.
1. These employees are responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on
a pre-tax basis.
[13)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of twelve percent (12%). If, at any time in the future, the
Association informs the City that it no longer agrees to this cost sharing agreement, effective on
the date of the elimination of the cost sharing (which would need to coincide with the expiration
date of the MOU) these employees' base salary would be reduced by an amount equal to the
value of this three percent (3%) cost sharing.
3. The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor Benefits),
Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as Public
Service). The employee is responsible for paying the employee portion of the 1959 Survivor
benefit premium.
C. Employees first hired by the City as Local Safety Members on or after January 1, 2012, excluding any
individuals defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013,
shall be provided the CalPERS 2% @ 50 retirement formula.
1. These employees are responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CalPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on
a pre-tax basis.
2. These employees are responsible for paying an additional pension contribution of three percent
(3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee
pension contribution of twelve percent (12%). If, at any time in the future, the Association informs
the City that it no longer agrees to this cost sharing agreement, effective on the date of the
elimination of the cost sharing (which would need to coincide with the expiration date of the
MOU) these employees' base salary would be reduced by an amount equal to this three percent
(3%) cost sharing.
3. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of their retirement or as designated by the
employee in accordance with Government Code Section 20037.
D. Police Officers first employed by the City on or after January 1, 2013 who are defined as "new
members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the
CalPERS 2.7% @ 57 plan for Local Safety members.
1. The employee is responsible for paying the employee contribution of one-half of the total normal
cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period
including July 1, 2025, the employee contribution is 13.75%. This amount will be determined each
year 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.
[14)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
2. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of their retirement or as designated by the
employee in accordance with Government Code Section 7522.32(a).
E. Police Recruits first employed by the City on or after January 1, 2012, excluding any individuals defined
as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled
in the CaIPERS 2% @ 60 retirement formula for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of 7% of the employee's wages
through a pre-tax payroll deduction. The City has adopted the CAPERS resolution in accordance
with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax
basis.
2. This plan provides retirement benefits based on the highest annual average compensation
earnable during the three consecutive years of employment immediately preceding the effective
date of 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.
F. Police Recruits 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
CAPERS 2% @ 62 plan for Local Miscellaneous members.
1. The employee is responsible for paying the employee contribution of one-half of the total normal
cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period
including July 1, 2025, the employee contribution is 7.25%. This amount will be determined each
year by CaIPERS in the future. The City has adopted the CaIPERS resolution in accordance with IRS
Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
2. 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.
Article 23. Deferred Compensation
For each unit employee, the City shall contribute $37 per month to a Section 457(b) deferred
compensation plan. It is the responsibility of each employee to complete the necessary paperwork and
take required steps to enroll in the plan. Should an employee fail to enroll, the City is under no obligation
to make retroactive contributions on behalf of said employee. Employees hired into the bargaining unit
shall be provided with notification of the deferred compensation program, including the amount of
employer contributions, during employee orientation. Employees are permitted to contribute to their
deferred compensation account up to the maximum permitted by law based on their age.
[15)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
Article 24. Employee Life Insurance
A. The City will provide life insurance for each employee and pay the required premiums. The death
benefit of said insurance shall be equal to one hundred thousand dollars ($100,000). The City will also
provide $1,000 per dependent of dependent life insurance.
B. The City shall also make available, at the employee's option, a supplemental life insurance policy. The
premium of the supplemental policy shall be paid by the employee.
Article 25. Long -Term Disability (LTD) Plan
A. The parties agree that the TPOA-provided Long -Term Disability (LTD) Insurance Plan specifically for
sworn police personnel shall continue in full force and effect during the term of this MOU.
B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund.
C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during the
initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of their accrued leave during the 30 day period beginning with
the first day of the leave. In the event no leave time is available, the employee shall be on leave
without pay for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the employee
shall be compensated by the City at the rate of 60% of the employee's pre -disability base salary. This
City payment is taxable income. The employee may supplement this City payment with accrued leave
(General Leave or Compensatory Time Off) to enable them to receive an amount equivalent to no
more than 100% of their pre -disability earnings.
D. Provided an employee is eligible for FMLA/CFRA leave, Flexible Benefits will be continued for ninety
(90) days of a disability leave and such time will be counted towards satisfying Federal Family Medical
Leave Act (FMLA) and California Family Rights Act (CFRA) requirements.
E. Eligibility for City benefits provided in parts C and D of this Article is conditioned upon the City's receipt
of proof of disability.
F. Police Recruits shall participate in the City's Short -Term / Long -Term Disability (STD/LTD) plan under
the same terms, conditions and cost as those employees in the general employee bargaining unit
(TMEA).
Article 26. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of benefit
to the employee and to the City. Full-time employees will be eligible for reimbursement by the City of
tuition for professional technical courses subject to the following conditions:
[16)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
1. Reimbursement shall be made for tuition fees, textbooks, lab fees, or required supplies, upon
completion of the course with a satisfactory grade and after the completion of the initial
probationary period as a Police Officer. Requests to enroll in courses may be granted prior to the
completion of probation. However payment will not be made until the employee has completed
the probationary period and attained regular status.
2. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits
or any other reimbursement for the same course.
3. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for
attending graduate school, a four-year college or university, or a job -related program through
University of California or California State University extended education programs 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 twelve (12) months of receiving this
Tuition Reimbursement benefit, the employee is responsible for refunding the City the full
amount of the benefit that was paid. Funds will be deducted from the employee's final paycheck
to cover the re -payment of the tuition reimbursement.
a. Personal computers, internet service, transportation expenses, and other related
expenses are not considered to be "required supplies" that must be purchased in order
to complete an educational program and therefore these items are generally not eligible
for reimbursement under the Tuition Reimbursement program. However, if an employee
purchases a personal computer specifically for use in a degree program (Bachelor's
degree, Master's degree, or other approved advanced degree) for which tuition
reimbursement has been approved by the City, the employee may request to receive a
one-time reimbursement of up to $500 after providing the City with proof of completion
of the degree program and receipt of the degree in addition to proof of purchase of the
computer. This reimbursement for up to $500 shall be counted towards the maximum
reimbursement benefit provided in paragraph 3 above.
4. The City has set up procedures that allow for expedient reimbursement for classes taken and fees
paid. Employees may request reimbursement in the calendar year that the class is taken and
completed. Failure to request reimbursement in a timely manner and/or classes taken in excess
of the allowable reimbursement level cannot be carried over to a future year reimbursement
period.
5. Approval from the Police Chief, Director of Human Resources, and City Manager (when required)
should be obtained prior to enrollment in the course or program to ensure the City will approve
the reimbursement request.
Article 27. Cell Phones
A. Employees with a clearly identified business need as determined by the Police Chief are eligible for
either a City -issued cell phone or a cell phone stipend of $21 per pay period ($45.50 per month), which
is taxable income.
[17)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
The Cell Phone Stipend is designed to contribute to an employee's personal 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. City payment of a cell
phone stipend does not result in the employee's personal cell phone becoming a City -issued cell
phone.
Article 28. Retiree Medical Insurance
A. The City will reimburse eligible unit employees up to a maximum of $350 per month for the payment
of CalPERS retiree medical insurance premiums. This amount includes the minimum contribution
towards retiree medical insurance required under the PEMHCA program ($158 for calendar year 2025,
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 CalPERS,
and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible employees,
who suffer a disability, are unable to return to work, and take a disability retirement from CaIPERS
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 CalPERS,
and enrolls in a CaIPERS medical insurance plan immediately after retirement. Eligible employees,
who suffer a disability, are unable to return to work, and take a disability retirement from CaIPERS
may satisfy the ten (10) year continuous service requirement using a combination of service with the
City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee must
maintain coverage in a CaIPERS medical insurance plan; once coverage is dropped, reimbursement
will cease and will not be reinstated.
Article 29. Retiree Health Savings Plan
Effective the pay period that includes July 1, 2025, the City shall contribute two percent (2%) of base salary
to a retiree health savings account for each employee in the bargaining unit.
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.
W
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
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. 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.
C. Each employee is responsible for managing their General Leave bank. Employees wishing to stay
below the General Leave cap are encouraged to regularly monitor their leave accrual balances that
are provided on each biweekly paycheck, provide the department with as much advance notice as
possible when requesting to use General Leave for time off, be flexible when requesting to take time
off during periods of heavy usage or staffing shortages, and take advantage of the General Leave cash
out program.
The department will not unreasonably deny an employee's request to use General Leave. Supervisors
will be fair and reasonable in reviewing employee requests to use General Leave and will balance the
wishes of the employee with the operational and safety needs of the department and the efficient
use of the City's resources.
If an employee requests to take time off using General Leave and has not fully used the General Leave
cash out program, the fact that an employee is at their General Leave accrual cap shall not be cause
for the department to automatically grant the employee's request to use General Leave.
D. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Should an employee request to use General Leave in accordance with department
procedures and be denied the use of leave which will result in the employee reaching their maximum
accrual cap, the Director of Human Resources will be notified to facilitate an agreeable remedy for
both parties.
E. Upon separation from the City service the employee will be paid for unused General Leave, at the
employee's then current base salary rate.
[19]
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
F. The use of General Leave must be approved by the department head and due regard shall be given to
the employee's preference in scheduling such paid leave time.
G. Advanced General Leave is available under the following provisions:
1. A unit member requests a leave of absence for a "serious health condition" as that term is defined
under the FMLA/CFRA for themselves, a child, parent, spouse, registered domestic partner,
sibling, grandparent, grandchild and designated person; and
2. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave
accrued; and
3. The employee exhausts their General Leave accrual; then
4. Upon request of the employee, the City will grant an advance of one -hundred twenty (120) hours
of General Leave for use in conjunction with the serious health condition (as defined above).
The Advanced General Leave must be repaid to the City once an employee returns to work. Advanced
General Leave will be repaid by transferring newly accrued General Leave back to the City until full
repayment of the leave has been returned. However, should an employee request and receive
Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic
leave donation bank to the City prior to providing the employee use of the donated hours.
H. On the first pay period of each calendar year, each employee shall have one (1) hour of General Leave
reduced from their General Leave bank and added to a bank for use by the TPOA Board. The TPOA
Board shall notify the Human Resources Department when donated General Leave hours will be used
by employees in the bargaining unit.
Article 31. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, employees may elect the option of accruing
Compensatory Time Off at the rate of time and one-half (1%), subject to approval of the Police Chief
or their designee. Employees may accrue up to a maximum of sixty (60) hours of Compensatory Time
Off.
B. Employees will be paid for all Compensatory Time Off in January of each year provided that an
employee may retain a maximum of forty (40) hours in their account if notice of such desired retention
is submitted to the City.
C. The time during which an employee may take Compensatory Time Off shall be subject to approval by
the Police Chief or designee with due regard for the wishes of the employee and for needs of the
service. However, 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 two (2) calendar weeks.
If reasonable notice is provided, the employee's request will not be denied unless it would be unduly
disruptive to the department to grant the request. A request to use Compensatory Time Off without
reasonable notice may still be granted within the discretion of the supervisor or manager responsible
for considering the request.
[20j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
D. When an employee separates from City service or remains employed by the City, but moves to a
position no longer represented by TPOA, an employee shall be compensated for all accrued
Compensatory Time Off at their regular rate of pay.
Article 32. Holidays
A. The following Holidays are observed by the City:
January 1
New Year's Day
Third Monday In January
Martin Luther King Jr. Day
Third Monday in February
Presidents' Day
Last Monday in May
Memorial Day
June 19
Juneteenth
July 4
Independence Day
First Monday in September
Labor Day
November 11
Veterans Day
Thanksgiving Day
Thanksgiving Day
Day following Thanksgiving Day
Day after Thanksgiving Day
December 24
Christmas Eve
December 25
Christmas Day
December 31
New Year's Eve
Each of the thirteen (13) Holidays has a value of nine (9) hours.
B. For Police Recruits: Except as otherwise provided, when a Holiday occurs on a Sunday, the following
Monday will be observed instead and when a Holiday occurs on a Saturday, the preceding Friday will
be observed instead.
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 either
accruing nine (9) hours of General Leave as payment for the Holiday or earning nine (9) hours of
Holiday Pay on the Holiday. The employee shall indicate their choice by entering the applicable pay
code on their timesheet.
For the designated Holidays, employees are eligible for nine (9) hours of paid time off for each full
day. Unless operational needs, as determined by the Police Chief, require that the time off be taken
at some other date, the time off will be taken on the scheduled Holiday. If the Holiday hours paid on
a Holiday or substituted day off are less than the employee's regularly scheduled hours the employee
may use accrued Compensatory Time Off or General Leave to ensure that hours paid will be the same
as would regularly be paid for the day.
[211
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
C. Except as provided for below in subparagraph D1 and D2, in December of each year, each regular and
promotional probationary employee may request Advance Holiday Pay, a cash out of their one
hundred and seventeen (117) hours of Holiday credit for the following year in lieu of having time off.
The employee must have General Leave accrued in an amount equivalent to the Holiday cash out
requested to be eligible for full payment of the Advance Holiday Pay in January. In the event the
employee does not have the required hours in their General Leave bank, pursuant to the City's leave
report for Pay Period 25 of each year, the Advance Holiday Pay shall be made in two installments,
sixty-three (63) hours in January (January — September Holidays) and fifty-four (54) hours in October
(October — December Holidays) of each year.
The Advance Holiday Pay request may only be for cash. The employee's request shall be in writing
and is irrevocable. In the event that an employee separates from service and has used and/or been
paid for Holidays in excess of the pro-rata earned hours per month, the overage shall be deducted
from their final check.
In the event an employee is on unpaid status immediately before or after the holiday, or is not
otherwise eligible to receive a paid Holiday, and has received Advance Holiday Pay, the City shall
reduce the employee's leave bank(s) by the amount of hours of any unearned Holiday previously paid
on the payroll immediately following the Holiday (or as soon as the overpayment is discovered).
1. Exception: If at the time Advance Holiday Pay is being processed, the employee is on an unpaid
medical leave of absence without a documented return to work date (within the next 30 days),
the employee will not receive Advance Holiday Pay and will instead be paid for each Holiday as it
occurs if the employee is in a paid status at the time the Holiday occurs.
2. Exception: If at the time Advance Holiday Pay is being processed, the employee has submitted a
written resignation letter to the Human Resources Department with a separation date in the
upcoming calendar year, the employee will only receive Advance Holiday Pay for the holidays that
will occur prior to the employee's separation date, as noted on the resignation letter. If the
employee's circumstances change and the employee remains employed and in fully paid status
beyond the separation date documented in the resignation letter, the employee will be paid for
any additional holidays in that calendar year as they occur.
D. Regular and promotional probationary employees who decline to request Advance Holiday Pay will
be paid for each Holiday as it occurs. Newly hired probationary employees are not eligible for Advance
Holiday Pay and will be paid for each Holiday as it occurs.
E. The parties agree that Holiday Pay is additional compensation for employees who are normally
required to work on an approved holiday because they work in positions that require scheduled
staffing without regard to holidays and shall, to the extent legally permissible, be reported as special
compensation pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4). However, it is CalPERS who
ultimately determines whether any form of compensation qualifies as special compensation.
Article 33. 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 employee's immediate family. For purposes of this section, "immediate family" shall be
[221
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
defined as including the spouse, registered domestic partner, mother, stepmother, father, stepfather,
brother, step brother, sister, step sister, child, stepchild, grandparent, step grandparent, grandchild and
step grandchild of the employee or the employee's spouse/registered domestic partner. Bereavement
Leave is intended to allow time for an employee to mourn the loss of a loved one and/or to assist family
members during a time of loss. In the event an extended absence or travel is necessary, the employee
may request to use General Leave to supplement Bereavement Leave.
CHAPTER 5 — WORKING CONDITIONS
Article 34. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the rules regarding
hours of work, Holidays, and leaves.
B. Any employee who is absent from duty shall report the reason for such absence to the department
head or immediate supervisor prior to the absence as far in advance as possible and in no case later
than two (2) hours before the beginning of the employee's scheduled work shift. Absences not
reported in such manner may be considered absence without leave. A deduction of pay may be made
for the duration of any absence without leave. Upon return to work, such absence shall be justified
to the department head who shall consider the need for disciplinary action or to approve the absence
as unavoidable and allow the employee to make up the lost time or cover it with General Leave.
C. Absence from work without approved leave and without reasonable cause for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. If an employee has a leave of absence without pay in excess of thirty (30) calendar days, continuous
service shall be considered interrupted for purposes of advancement within a salary range. Absence
with pay shall not be considered an interruption of an employee's continuous service and shall not be
deducted in computing total city service time.
Article 35. Work Schedules
A. Police Officers work schedules under Section 207(k) of the Fair Labor Standards Act (FLSA).
B. Department work schedules include:
1. The 4/10 work schedule for employees in Special Assignments. In each seven (7) calendar day
period, the employee works four 10-hour days followed by three (3) consecutive days off.
2. The 3/12.5 work schedule for employees in Patrol. In each seven (7) calendar day period, the
employee works three 12.5 hour days and is followed by four (4) consecutive days off. During
the 28 day work period, the employee must work one additional 10-hour shift.
C. Continuation of the schedule is subject to needs of the department, provided that if the department
desires to discontinue that work schedule, the employee will revert to the 9/80 work schedule or
some other schedule upon mutual agreement of the department and employee.
[23)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
D. Department employees will select shifts as follows:
1. The City is divided into two separate patrol areas — North and South.
2. Available shifts (which are determined by the Department and are subject to change) will be
designated by the Department by patrol area. Police Officers will select shifts in either the
North or South area twice a year. Police Officers are limited to twenty four (24) consecutive
months on any shift assignment (day shift, cover watch, or graveyard). Based on departmental
needs, a Police Officer may be allowed to extend beyond the twenty four (24) consecutive
month rotation.
3. Based on department needs, shift assignments may be reserved for probationary Police
Officers during the probationary period. The remaining shifts will be selected by patrol area
by seniority.
4. Field Training Officers will be given the opportunity to select shifts by seniority as a full-time
Police Officer with Tustin PD. In the event the voluntary "by seniority" shift selection does not
provide the necessary coverage, the Chief of Police, or designee, may assign Field Training
Officers to shifts that provide necessary coverage. When making mandatory shift assignments
for Field Training Officers, management will make an effort to adhere to the shift preferences
of Field Training Officers.
5. Bilingual Police Officers will be given the opportunity to select shifts by seniority. In the event
the voluntary "by seniority" shift selection does not provide the necessary coverage, the Chief
of Police, or designee, may assign Bilingual Police Officers to shifts that provide necessary
coverage. When making mandatory shift assignments for Bilingual Police Officers,
Management will make an effort to adhere to the shift preferences of Bilingual Police Officers.
6. If a Police Officer assigned to a Special Assignment returns to patrol, at a time other than at
shift selection, they will be assigned to a patrol area and shift based on the staffing needs of
the department.
7. If a Police Officer assigned to a Special Assignment returns to patrol, in conjunction with shift
selection, they will be assigned to a patrol area but will participate in the shift selection
process based on seniority.
8. If at the time of shift signups a Police Officer is off work on a medical leave of absence without
a documented return -to -work date from their primary treating physician, they will not be
permitted to select a shift for the upcoming deployment period. However, if a Police Officer
is off work on a medical leave of absence and has presented the City with a documented full
duty return -to -work date that is no more than 30 days beyond the start of the upcoming
deployment period, they will be permitted to select a shift at the time of shift signups.
E. Employees assigned to special task forces or regional teams will work the hours that the team works.
F. Employees may have their work schedule changed to accommodate training assignments which are
eight (8) or more hours in duration.
[24j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
Article 36. Shift Trading
Employees in the unit have the right to trade shifts with their colleagues at the same rank subject to the
following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade. However,
denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was
worked will record the time as time worked on their time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and
will not be monitored by the City. Traded shifts should fall in the same two week pay period. They
must fall within the same 28 day work period. If an employee leaves the City having not paid back
a shift, it shall be the responsibility of the two employees to work out any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does not
work the shift, the employee who agreed to work the shift shall have their General Leave deducted.
For example, if Police Officer A agrees to work the shift for Police Officer B and prior to the shift,
Police Officer A calls in sick and does not work the shift, Police Officer A's General Leave is deducted
and Police Officer B gets credit for the shift.
Article 37. Rest Periods and Lunch Breaks
A. All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4)
hours of their work shift. The scheduling of the rest breaks shall be the responsibility of the
employee's supervisor.
B. Employees receive a paid lunch break because they are required to be working or available to respond
immediately to calls for service during their lunch time.
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 38. Employee Rights
As the recognized representative of the employees covered by this MOU, the City acknowledges and
recognizes the following employee rights:
1. TPOA shall have access to and be provided with payroll deduction of dues, fees, and assessments
without charge through the City's regular payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the posting of notices, updates,
meeting minutes and other material related to TPOA business.
3. TPOA shall be afforded the reasonable use of department copy machines.
[251
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
4. Upon notice and subject to availability, the City shall allow TPOA the use of City facilities including
meeting rooms for TPOA membership, Board of Directors and committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for preparation for and
attendance at meetings with management related to the meet and confer process and labor
relations matters.
6. All bargaining unit members shall have the right to representation by TPOA in processing
grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to
meet with TPOA representatives for discussion and consultation on grievances and disciplinary
appeals. If a grievance is filed (by either an employee or the Association) as authorized by the City
of Tustin Personnel Rules in Section 11, the employee or the Association shall file the grievance
within thirty (30) days from the date of the act or omission which gave rise to the grievance. The
grievance procedure is the exclusive method for alleging a violation of a provision of this MOU.
The grievance procedure in the Personnel Rules is incorporated by reference into this MOU. The
employee may assert that the alleged violation has been occurring for more than thirty (30) days.
7. TPOA shall have the exclusive right on behalf of the bargaining unit to meet and confer with
management over matters of wages, benefits, hours, and terms and conditions of employment
pursuant to State and Federal laws.
8. All bargaining unit members shall have the right to join and participate in the activities of TPOA
free from interference, intimidation, coercion, or discrimination.
9. TPOA shall have the right to distribute a reasonable amount of association information and
newsletters at the job site.
10. TPOA representatives shall have the right to reasonable use of department telephones and e-mail
for the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable access to the workplace.
12. TPOA representatives may be granted time off using General Leave or other leave for labor
relations training.
13. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 39. Third Party Advisory Process for Disciplinary Appeals
A. Disciplinary actions, which may move beyond the department head's decision, include the actions of
termination, suspension, reduction of salary, and demotion. The "third party" advisory process is the
step between the department head's action and the City Manager's final decision. In the Police Chief's
notice of final disciplinary action (which should be served by personal delivery) shall be a statement
which clearly informs the employee that they have the right, within ten (10) working days after receipt
of the response, to request the next level of appeal. The day the employee receives the Police Chiefs
final notice shall not count as one of the ten (10) days.
[26]
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
B. The employee's request for the next level of appeal must be addressed to the Director of Human
Resources and received in the Human Resources Department so that same is date stamped by the
Human Resources Department with the ten (10) day period.
C. If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless good
cause for the failure is shown, the action of the Police Chief shall be considered conclusive and shall
take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such
notice of appeal by giving written notice of appeal to the Director of Human Resources, an appeal
hearing shall be established as follows:
1. If a single third party hearing officer cannot be agreed upon by the Director of Human
Resources and the employee's representative (or employee alone if unrepresented), the State
Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons
qualified to act as arbiters to the City and employee. Within ten (10) days following receipt
of the list of arbiters, the parties shall meet to select the arbiter. The parties shall alternately
strike one (1) name from the list of arbiters (the right to strike the first name to be determined
by flipping a coin) until one (1) name remains, and that person shall be the arbiter.
2. Where practicable, the date for 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 Director of Human
Resources. The parties may stipulate to a longer or shorter period of time in which to hear
the appeal. All interested parties shall be notified in writing of the date, time, and place of
hearing.
3. All hearings shall be private, provided, however, that the arbiter shall, at the request of the
employee, open the hearing to the public.
4. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request
of either party, not less than five (5) working days, prior to the commencement of such
hearing. After the commencement of such hearing, subpoenas shall be issued only at the
discretion of the arbiter.
5. 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 rules, which might make improper the 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 arbiter shall not be bound by technical rules of evidence. The arbiter shall
rule on the admission or exclusion of evidence.
6. 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 or any matter relevant to the issues even though that matter was not covered in
[27)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
the direct examination; to impeach any witness regardless of which party first called them to
testify; and to rebut the evidence against them. If the respondent does not testify in their
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.
7. The hearing shall proceed in the following order, unless the arbiter, for special reason,
otherwise directs:
a. The City shall be permitted to make an opening statement.
b. The employee shall then be permitted to make an opening statement.
c. The City shall produce the evidence on their part; the City bears the burden of proof
and burden of producing evidence.
d. The employee may then open their defense and offer their evidence in support
thereof; the employee bears the burden of proof and the burden of producing
evidence for any affirmative defenses asserted.
e. The parties may then, in order, respectively offer rebutting evidence only, unless the
arbiter for good reason permits them to offer evidence upon their original case.
f. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
8. The arbiter shall determine 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 the hearing unless the arbiter, in
their discretion, for good cause, otherwise directs. No photographs or video shall be taken in the
hearing room during a hearing. The arbiter, prior to or during a hearing, may grant a continuance
for any reasons they believe to be important to reaching a fair and proper decision. The arbiter
shall render their decision as soon after the conclusion of the hearing as possible and in no event
later than thirty (30) days after conducting a hearing. Their decision shall set forth findings of fact
and conclusions. The decision shall be advisory only.
9. The arbiter may recommend sustaining or rejecting any or all of the charges filed against the
employee. They may recommend sustaining, rejecting, or modifying the disciplinary action
invoked against the employee. They may not recommend discipline more severe than that
imposed by the Police Chief.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a copy sent
to the charged employee, and the Director of Human Resources and shall set forth their findings
and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's
recommendation, the opinion shall set forth the recommended date the employee is
recommended to be reinstated and/or other recommended action. The reinstatement date, if
appropriate, may be anytime on or after the date of disciplinary action.
BE
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
10. Within thirty (30) days of the receipt of the arbiter's findings and recommendations, and
transcript, whichever date is later, the City Manager shall adopt, amend, modify or reject the
recommended findings, conclusions, and/or opinions of the arbiter. Prior to making a decision,
which modifies or rejects the recommendation of the arbiter, the City Manager shall order and
read the transcript of the Third Party Advisory Process. Prior to making a decision which supports
the arbiter, the City Manager may order and read the subject transcript, at their option, allow
limited oral arguments and/or may request and review written statements from either side. The
decision of the City Manager shall be final and conclusive. Copies of the City Manager's decision,
including the arbiter's recommendations(s) shall be filed where appropriate, including the
employee's personnel file, unless no discipline is upheld by the City Manager. Each party shall
bear equally the cost of facilities, fees and expenses of the arbiter, including the court reporter
and transcripts. If the City Manager orders a transcript for their review, the City shall bear the
cost of providing the transcript. Each party shall bear its own witness and attorney fees. If either
party unilaterally cancels or postpones a scheduled arbitration, thereby resulting in a fee charged
by the arbiter or court reporter, then the party responsible for the cancellation or postponement
shall be solely responsible for the payment of that fee. This process shall not apply to mutual
settlements by the parties, which result in an arbitration fee.
11. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City
Manager, the time of such suspension, demotion or dismissal shall be effective from the first day
after such delivery of said decision or shall relate back to be effective as of the date the employee
was suspended from duty pending hearing before and decision by the City Manager, whichever is
applicable. If discipline imposed resulted in loss of pay, the pay loss shall be restored to the
employee based on the number of standard work hours lost computed at their then base hourly
rate. The provision of Section 1094.6 of the Code of Civil Procedure shall be applicable to
proceedings under this Article.
Article 40. Rules of Evidence and Procedure for Employees Removed from Special Assignments
Any Police Officer removed from a Specialty Pay position for non -disciplinary reasons may file a written
appeal with the City Manager within 10 days of receiving notice of removal, in accordance with the
following:
1. Hearings shall be conducted by the City Manager or their designee.
2. The question to be decided is whether the City abused its discretion in removing the Police Officer
from the Specialty Pay position.
Formal rules of evidence and procedure that may be applicable in a court of law shall not apply
to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of
evidence that responsible persons are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any judicial rule which might have made improper the admission of
such evidence over objection in civil actions. Hearsay evidence may be admitted for the purpose
of supplementing or explaining any direct evidence but shall not be sufficient by itself to support
a finding unless it would be admissible over objection in civil actions. The rules of privilege shall
be applicable to the same extent that they are recognized in civil actions.
[291
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
4. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-
examine opposing witnesses. If the employee does not testify on their own behalf, the employee
may be called and examined as if under cross-examination.
5. Testimony shall be recorded by means of either a tape recording or certified court reporter.
6. Witness shall be sworn unless both parties stipulate otherwise.
7. Written declarations made under penalty of perjury shall be admissible, provided, however, that
declarants shall be made available for testimony at the request of the party against whom the
declaration is offered.
8. The Police Officer appealing the removal from the Specialty Pay position has the burden of proof.
The standard of proof is a preponderance of the evidence. The City shall present its case first.
During the presentation of the City's case, the officer shall have the right to cross-examine any
witness called to testify by the City. During the presentation of the officer's case, the City shall
have the right to cross-examine any witness called by the employee to testify.
9. Both parties shall have the right to counsel. Employee may be represented by the a TPOA
representative.
10. Both parties shall have the right to present an opening argument prior to the presentation of any
evidence and a closing argument after the presentation of all evidence.
11. The City Manager, or their designee, shall decide all questions of procedure and evidence.
12. The City Manager, or their designee, shall issue a written decision within 30 days of 1) the
conclusion of the hearing, or 2) the receipt of post -hearing briefs if such briefs are requested by
the City Manager or their designee.
13. The decision of the City Manager shall be final and binding. If the City Manager chooses to
designate a hearing officer, that hearing officer will make a recommendation based on written
findings to the City Manager, whose decision shall be final and binding.
14. Any objection to the City Manager, or their designee, on the grounds of bias, must be made in
writing, stating the reasons therefore, by delivering of the writing to the City Manager no later
than five (5) days prior to the date of the hearing.
Article 41. Performance Evaluations
An employee may not grieve a performance evaluation unless said evaluation results in the denial of a
merit increase. Nothing herein shall serve to restrict an employee from having a written rebuttal attached
to a performance evaluation with which the employee disagrees.
[30j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
Article 42. 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.
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. In the event of such activities, the Association shall immediately instruct any person engaging in such
conduct that they are violating the Agreement and that they are engaging in unauthorized conduct
and should resume full and faithful performance of their job duties.
Article 43. Management Rights
Except as otherwise specifically provided for in State and/or Federal laws, and this Agreement, the City
reserves and retains and is vested with all rights of management which have not been expressly abridged
by specific provisions of this Agreement or by law to manage the City. This shall include, but is not limited
to:
1. The right to temporarily suspend the provisions of this MOU in the event of and for the duration
of an emergency as determined by the City Council and/or by County, State, or Federal action. In
the event of such suspension of this MOU, when the emergency is over, management will
immediately initiate the meet and confer process over replacement of any salary, benefit, or
working conditions lost by unit employees as a result of the suspension of this Agreement.
2. The right to determine staffing and direct the work force, including the right to hire, promote,
demote, evaluate, transfer, layoff, or discharge for just cause any employee.
3. The right to contract or sub -contract services and/or work.
4. The right to take such further action as may be necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
5. The right to modify the performance evaluation form.
6. The right to modify and update class specifications.
Article 44. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
[311
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
IN WITNESS WHEREOF, the parties hereto have executed this document this 151h day of April 2025.
FOR THE CITY OF TUSTIN
Aldo Schindler, City Manager
Derick Yasuda, Director of Human Resources
Nicole Bernard, Assistant City Manager
Karyn Roznos, Human Resources Manager
Jennifer King, Director of Finance/City Treasurer
Peter J. Brown, Liebert Cassidy Whitmore
FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE OFFICER
REPRESENTATION UNIT
Beck Svensson, President
Robert Ward, Sergeant Representative
Matthew Nunley, Lieutenant Representative
Glenn Hollingshead IV, Secretary
Michael Sargent, Advanced Corporations
[32]
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPOA MOU 2025-28
APPENDIX A — MONTHLY SALARY RANGES
Effective the pay period that includes July 1, 2025
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Police Officer
48.86
51.37
54.01
56.77
59.68
62.72
65.86
Police Recruit
36.22
--
--
--
--
--
--
Effective the pay period that includes July 1, 2026
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Police Officer
51.31
53.94
56.71
59.61
62.66
65.86
69.15
Police Recruit
38.03
--
--
--
--
--
--
Effective the pay period that includes July 1, 2027
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Police Officer
53.61
56.37
59.26
62.29
65.48
68.82
72.26
Police Recruit
39.75
--
--
--
--
--
--
[331
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
RESOLUTION NO. 25-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLANS FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE
MANAGEMENT REPRESENTATION UNIT, CONCERNING
WAGES, HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT
WHEREAS, the City Council of the City of Tustin, California (the "City") has
authorized and directed, under the provisions of the City's Personnel Rules, Resolution
No. 15-50, the preparation of a Classification and Compensation Plan for all employees
in the City service; and
WHEREAS, Resolution No. 15-50 requires that amendments or revisions to the
Classification and Compensation Plan be approved by resolution of the City Council; and
WHEREAS, the City and the Tustin Police Officers Association — Police
Management Representation Unit (TPMA) have met and conferred in good faith in
accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPOA have reached agreement on wages, hours, and
terms and conditions of employment effective July 1, 2025 through June 30, 2028, as
more particularly set forth in the attached Memorandum of Understanding:
NOW, THEREFORE, BE IT RESOLVED:
The Memorandum of Understanding between the City and TPMA, effective
July 1, 2025, is hereby approved and incorporated herein by reference as
though fully set forth herein and staff is authorized to amend the City's
Classification and Compensation Plans accordingly.
II. This Resolution shall become effective on July 1, 2025, 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 15t" day of April 2025.
Resolution 25-30
Page 1 of 2
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
F
cuSigned by:
IZ7
DA 7 E 4FKENDIG
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 25-30 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 15t" day of April
2025, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 25-30
Page 2 of 2
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS ASSOCIATION
POLICE MANAGEMENT REPRESENTATION UNIT
TERM:
July 1, 2025 —June 30, 2028
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA VIOU 2025-28
TABLE OF CONTENTS
CHAPTER 1— GENERAL PROVISIONS.............................................................................................................3
Article1. Recognition................................................................................................................................3
Article2. Entire Agreement......................................................................................................................3
Article3. Severability................................................................................................................................4
Article 4. Binding on Successors...............................................................................................................4
Article5. Notices.......................................................................................................................................4
Article6. Payroll Deductions.....................................................................................................................4
Article7. Association Dues........................................................................................................................4
CHAPTER 2 — COMPENSATION......................................................................................................................5
Article8. Salary.........................................................................................................................................5
Article 9. Overtime Compensation...........................................................................................................5
Article 10. Uniform Allowance..................................................................................................................7
Article11. Longevity Pay...........................................................................................................................7
Article12. Bilingual Pay.............................................................................................................................8
Article 13. Educational Incentive Pay........................................................................................................8
Article 14. Peace Officer Standards and Training (POST) Certificate Pay.................................................9
Article15. Standby Duty...........................................................................................................................9
Article16. Call -Back Duty........................................................................................................................10
Article17. Court Pay...............................................................................................................................10
Article 18. Special Assignments..............................................................................................................10
Article 19. Shift Differential Pay..............................................................................................................11
Article20. Acting Pay..............................................................................................................................12
CHAPTER3 — BENEFITS...............................................................................................................................12
Article 21. Flexible Benefits Plan.............................................................................................................12
Article22. Retirement.............................................................................................................................14
Article 23. Deferred Compensation........................................................................................................15
Article 24. Employee Life Insurance........................................................................................................15
Article 25. Long -Term Disability (LTD) Plan.............................................................................................16
Article 26. Tuition Reimbursement.........................................................................................................16
Article27. Cell Phones............................................................................................................................17
Article 28. Vehicle Allowance..................................................................................................................17
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA VIOU 2025-28
Article 29. Additional Compensation in Extraordinary Circumstances...................................................18
Article 30. Retiree Medical Insurance.....................................................................................................18
Article 31. Retiree Health Savings Plan...................................................................................................19
CHAPTER 4 — LEAVES OF ABSENCE..............................................................................................................19
Article32. General Leave........................................................................................................................19
Article 33. Compensatory Time Off........................................................................................................21
Article 34. Administrative Leave.............................................................................................................21
Article35. Holidays.................................................................................................................................22
Article 36. Bereavement Leave...............................................................................................................23
CHAPTER 5 —WORKING CONDITIONS.........................................................................................................24
Article37. Attendance............................................................................................................................
24
Article38. Work Schedules.....................................................................................................................24
Article39. Shift Trading...........................................................................................................................25
Article 40. Rest Periods and Lunch Breaks..............................................................................................26
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS.....................................................................................26
Article41. Employee Rights....................................................................................................................26
Article 42. Third Party Advisory Process for Disciplinary Appeals..........................................................27
Article 43. Rules of Evidence and Procedure for Employees Removed from Special Assignments .......30
Article 44. Performance Evaluations.......................................................................................................31
Article 45. No Strike / Job Action............................................................................................................
31
Article 46. Management Rights..............................................................................................................32
Article47. Layoffs....................................................................................................................................
32
APPENDIX A— HOURLY SALARY RANGES....................................................................................................34
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT
WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et seq.
and Section 17 (Employer -Employee Organization Relations) of the Personnel Rules of the City of Tustin,
City representatives have met and conferred in good faith with the Tustin Police Officers Association
pertaining to the wages, hours, benefits and conditions of employment for employees in the Police
Management Representation Unit (hereinafter sometimes referred to as TPMA or Association); and
WHEREAS, the meeting between the Association and City representatives has resulted in an agreement
and understanding to recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives recommend to the City Council
that it adopt by resolution or resolutions the changes and additions to the wages, hours and conditions of
employment for the police management employees as set forth herein.
WITNESSETH
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin authorizes staff to implement
the provisions of this Memorandum of Understanding (MOU) and modify the City's Classification and
Compensation Plans to reflect the changes approved in this MOU, and that the wages, hours and
conditions of employment be adopted and set forth as follows:
CHAPTER 1— GENERAL PROVISIONS
Article 1. Recognition
A. The City has previously recognized the Tustin Police Officers Association — Police Management
Representation Unit as the majority representative of employees in the Police Management
Representation Unit for purposes of representation on issues of wages, hours and other terms and
conditions of employment. As majority representative, the Association is empowered to act on behalf
of all employees who hold positions in classes in the Police Management Representation Unit whether
or not they are individually members of the Tustin Police Officers Association.
B. The classifications constituting the Police Management Representation Unit are Police Captain, Police
Lieutenant and Police Sergeant.
Article 2. Entire Agreement
The City and TPMA agree that any City resolutions, ordinances, rules, regulations or practices that are in
conflict with the MOU and its provisions are subordinate to this MOU and where conflicts exists this MOU
shall prevail.
[31
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
Article 3. Severability
If any part of this MOU is rendered or declared invalid by reason of any existing or subsequently -enacted
legislation, governmental regulation or order or decree of court, the invalidation of such part of this MOU
shall not render invalid the remaining part hereof.
Article 4. Binding on Successors
This MOU shall be binding on the successors and assigns of the parties hereto and no provisions, terms or
obligations herein contained shall be affected or changed in any way whatsoever by the consolidation,
merger, sale, transfer or assignment of either party hereto.
Article 5. Notices
Notices hereunder shall be in writing and, if to TPMA, shall be mailed to President, Tustin Police Officers
Association, Post Office Box 1516, Tustin, California 92781; and, if to the City, shall be mailed to City
Manager, City of Tustin, 300 Centennial Way, Tustin, California 92780.
Article 6. Payroll Deductions
Deductions of authorized amounts may be made from an employee's pay for the following purposes:
1. Withholding tax.
2. Contributions to retirement benefits, including deferred compensation.
3. Contribution to survivor benefits.
4. Payment of life insurance and accidental death and dismemberment insurance premiums.
5. Payment of non -industrial disability insurance premium.
6. Payment of hospitalization and major medical insurance premium.
7. Payment to a City dependent care or medical care reimbursement account pursuant to IRC
Section 125.
8. Payment of supplemental insurance premium.
9. Payment to or savings in a credit union or bank.
10. Contributions to United Way, Community Health Charities or other designated charity
organizations.
11. Payment of membership dues and any authorized fees to TPOA.
12. Payment of authorized TPOA deductions.
13. Payment for non -return of uniforms and/or equipment issued.
14. Repayment of unearned Advance Holiday Pay.
15. Deferred compensation
16. Other purposes as authorized by the City.
Article 7. 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.
[4j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
It is the Association's responsibility to inform the Human Resources Department as to which members of
the bargaining unit are members of the Association. The Association shall inform the Human Resources
Department in writing of any changes in the membership status of any Association members. Employee
requests to cancel or change deductions shall be directed to the Association. The Association shall
indemnify the City for any claims made by an employee for deductions made in reliance on that
information.
The Association agrees to indemnify, defend, and hold the City and its employees harmless from any
claims, demands, expenses, losses, liabilities, and/or damages arising from the operation of this Article.
CHAPTER 2 — COMPENSATION
Article 8. Salary
A. Salary ranges for represented classifications are listed in Appendix A.
B. Effective the pay period that includes July 1, 2025, employees in the bargaining unit shall receive a
ten percent (10%) base salary increase.
C. Effective the pay period that includes July 1, 2026, employees in the bargaining unit shall receive a
five percent (5%) base salary increase.
Effective the pay period that includes July 1, 2027, employees in the bargaining unit shall receive a
four and one-half percent (4.5%) base salary increase.
D. Special Salary Adjustments
Upon the recommendation of the Police Chief, the City Manager may adjust the salary of an employee
to any step within the salary range of their classification. A special salary adjustment will only be
approved in limited circumstances, such as to retain an employee who has received a confirmed offer
of employment from another employer, to correct gross inequities, or to reward outstanding
achievement and performance.
Article 9. Overtime Compensation
A. Work Schedules
Employees in the unit are subject to different work schedules, as described in Article 38. However, all
unit employees are scheduled to work 160 hours in the 28-day FLSA work period, regardless of
whether they are assigned to a 4/10, 3/12.5, or any other alternative work schedule that is agreed
upon by the parties.
B. Overtime Compensation Rate & Eligibility
Overtime is subject to pre -approval by the employee's supervisor.
[5j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
The City shall pay Police Sergeants overtime compensation at the rate of time and one-half (1 %) their
regular rate of pay (as defined by the FLSA) for all hours worked in excess of:
1. Regularly scheduled hours per shift, regardless of assigned work schedule; or
2. Hours worked on a non-scheduled workday; or
3. Hours worked in excess of 160 hours in the 28-day FLSA work period.
As a result, all overtime earned per the requirements of the FLSA or pursuant to this MOU will be paid
at the same rate, the regular rate of pay (as defined by the FLSA).
Notwithstanding the above, employees who receive approval to "flex" their hours during a pay period
without increasing their total number of hours worked during the pay period are not eligible to earn
overtime simply by moving their hours to a different day of the pay period or to a different time of
day on a scheduled work day that differs from their regular work schedule (e.g. the employee swaps
days and works 10 hours on Friday instead of 10 hours on Monday; the employee comes in to work
two (2) hours later and leaves two (2) hours later on a scheduled work day).
All forms of paid leave (including General Leave, Compensatory Time Off, Holiday Leave, Jury Duty,
Bereavement Leave, and Labor Code Section 4850 Leave) shall be counted as hours worked for the
purpose of overtime calculations.
Standby Duty hours (pay for off -duty time) and hours in unpaid status (e.g., Leave Without Pay and
disability benefits paid by a third party) shall not be considered hours worked for the purpose of
calculating overtime.
C. Timely Payment of Overtime
Although employees are subject to a 28-day FLSA work period, since all overtime (both FLSA overtime
and overtime paid per this MOU) is paid at the regular rate of pay, all overtime earned within a pay
period shall be paid on the paycheck for the pay period in which the overtime was earned.
D. Definition of Regular Rate of Pay
For purposes of this Article, the regular rate of pay consists of all forms of compensation required by
the FLSA (29 USC § 207(e)) to be included in the regular rate of pay, including, but not limited to, the
following:
• Bilingual Pay (per Article 12)
• Educational Incentive Pay (per Article 13)
• Longevity Pay (per Article 11)
• POST Certificate Pay (per Article 14)
• Shift Differential Pay (per Article 19)
• Special Assignment Pay (per Article 18)
In
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
E. If a Police Lieutenant works a special event where a third party has contracted with the City for Police
Services and the City is being reimbursed by the third party for those services, they will receive
overtime compensation paid at the regular rate of pay.
F. If a Police Lieutenant works additional hours in "extraordinary circumstances", they will receive
overtime compensation paid at the regular rate of pay. "Extraordinary circumstances" may include
situations such as an employee being assigned to perform work unrelated to their regular job duties
due to a declared federal, state, or local emergency or natural disaster, when working on special
projects of a lengthy duration outside the scope of the employee's regular duties, or when performing
additional work due to extreme staffing shortages. The City Manager has the sole discretion to
determine if any employee qualifies for additional compensation pursuant to Article 9.F. The
provisions of this Article 91 are intended to be rarely used and reserved for limited and special
circumstances in which the City Manager determines that it is in the City's best interests to implement
this provision.
G. Employees may receive Compensatory Time Off in lieu of overtime compensation, subject to the
terms described in Article 33.
Article 10. Uniform Allowance
Employees will be paid a uniform allowance of $429 per year, paid biweekly ($16.50 per pay period for 26
pay periods per year) for the purchase, rental and/or maintenance of the required uniforms. The parties
agree that for "classic members" as defined by the Public Employees' Pension Reform Act of 2013, this is
special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2
CCR, Section 571(a)(5) as Uniform Allowance. However, it is CalPERS who ultimately determines whether
any form of compensation qualifies as special compensation. Special motor officer gear and officer public
safety leather gear required by the department will be provided.
Article 11. Longevity Pay
An employee who has been continuously employed by the City of Tustin in any full-time position for
between 10 years and 19 years and 364 days shall receive two and one half percent (2.5%) of base salary
as Longevity Pay. Employees are eligible to receive this pay beginning the pay period that includes the
date of their 10' anniversary of consecutive full-time employment with the City.
An employee who has been continuously employed by the City of Tustin in any full-time position for 20
years or more shall receive five percent (5%) of base salary as Longevity Pay. Employees are eligible to
receive this pay beginning the pay period that includes the date of their 20t" anniversary of consecutive
full-time employment with the City.
The parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(1) and 571.1(b)(1) as Longevity Pay. However, it is
CaIPERS who ultimately determines whether any form of compensation qualifies as special compensation.
[7j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
Article 12. Bilingual Pay
Unit employees who successfully pass the City's examination for conversational skill in a language other
than English (which the Director of Human Resources has approved as being needed for City business) are
eligible to receive $275 per month ($126.92 per pay period) as a Bilingual Pay incentive. The parties agree
that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant
to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Bilingual Premium. However, it is CalPERS who
ultimately determines whether any form of compensation qualifies as special compensation. Individuals
are eligible to receive Bilingual Pay at the beginning of the first pay period after Human Resources receives
the employee's test score demonstrating conversational proficiency. Should a conflict arise regarding
designation of an employee for compensation, proficiency and/or need the Director of Human Resources
shall determine who is eligible. The City is responsible for the development and administration of a testing
vehicle to determine proficiency. In addition, management will determine where within its discretion
bilingual proficiency is necessary in a particular work area and if so will compensate for it.
Article 13. Educational Incentive Pay
A. Unit employees are eligible to receive Educational Incentive Pay at the beginning of the first pay
period after Human Resources receives and certifies the employee has met all of the eligibility
requirements.
B. To apply for Educational Incentive Pay, an employee must be actively at work and provide official
documentation of the required degree (associate's, bachelor's, or master's).
C. Educational Incentive Pay begins after Human Resources receives a Personnel Action Form along with
proof of the applicable degree, effective at the start of the earliest possible pay period that does not
require a retroactive adjustment.
D. Educational Incentive Pay requirements and amounts are as follows for all unit classifications:
Degree in Related Field Amount
Bachelor's $575/month($265.38/pay period)
Master's $600/month($276.92/pay period)
Employees who were receiving Educational Incentive Payfor an Associate's degree priorto September
27, 2021, are grandfathered and will continue to receive the compensation they were receiving
($250.00 per month - $115.38 per pay period) for an Associate's degree.
E. The parties agree that this is special compensation and shall be reported as such, to the greatest
extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Educational
Incentive. However, it is CalPERS who ultimately determines whether any form of compensation
qualifies as special compensation.
IU
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
Article 14. Peace Officer Standards and Training (POST) Certificate Pay
Employees in the classification of Police Sergeant shall receive ten percent (10%) of base salary for having
an Advanced POST Certificate. This pay will begin on the first day of the pay period after the employee
provides Human Resources with documentation that the certificate has been earned.
Employees in the classification of Police Sergeant and Police Lieutenant shall receive eleven percent (11%)
of base salary for having a Supervisory POST Certificate. This pay will begin on the first day of the pay
period after the employee provides Human Resources with documentation that the Supervisory POST
Certificate has been earned. A Police Sergeant who receives pay for a Supervisory Post Certificate shall
no longer receive the pay for having previously obtained the Advanced POST Certificate as the pays are
not cumulative.
Employees in the classifications of Police Lieutenant and Police Captain shall receive twelve percent (12%)
of base salary for having a Management POST Certificate. This pay will begin on the first day of the pay
period after the employee provides Human Resources with documentation that the Management POST
Certificate has been earned. A Police Lieutenant who receives pay for a Management Post Certificate
shall no longer receive the pay for having previously obtained the Supervisory POST Certificate as the pays
are not cumulative.
The parties agree that this is special compensation and shall be reported as such, to the extent legally
permissible, pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2). However, it is CalPERS
who ultimately determines whether any form of compensation qualifies as special compensation.
Article 15. Standby Duty
A. Standby Duty is compensation paid to an employee who is off -duty for the inconvenience of being
available to respond to work if called upon by the City to return to work. Police Sergeants shall be
compensated for Standby Duty at the rate of two (2) hours of straight time for each eight (8) hours
required, including Holidays. If an employee is on Standby Duty and the Standby status is canceled,
the employee will still receive the full amount of Standby Pay appropriate for the time frame involved.
Employees must be able to return to work while on Standby Duty. This means that they may not
consume or take any substances that will impact their ability to perform their job (e.g., alcoholic
beverages) and must have the ability to travel back to the City.
B. Standby Duty for scheduled court appearances on behalf of the City shall be compensated at a rate of
two (2) hours of straight time for morning (a.m. hours) appearances and two (2) hours of straight time
for afternoon (p.m. hours) appearances. In lieu of pay, employees can choose to accrue two (2) hours
of Compensatory Time Off or General Leave for morning (a.m. hours) appearances and two (2) hours
of Compensatory Time Off or General Leave for afternoon (p.m. hours) appearances. If a scheduled
Standby Duty is canceled and the employee is not advised (either via phone call, voice mail or text
message) of the cancellation before 6:00 p.m. on the day prior to the subpoena date, the employee
shall receive two (2) hours of Standby Pay. A reasonable effort by the City (e.g., phone call or voice
mail) to notify the employee prior to 6:00 p.m. on the day prior will negate the two (2) hours of
Standby Pay. Employees who are scheduled for Standby Duty shall advise the department of a
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
telephone number where they can be either reached or a message can be left to advise them of a
cancellation.
C. Employees assigned to SWAT/CNT shall receive fifty dollars ($50) per pay period for being available
for SWAT/CNT services if needed.
Article 16. Call -Back Duty
In addition to Standby Pay, if any, a Police Sergeant shall receive a minimum of two (2) hours of overtime
compensation paid at a time and one-half (1 %) rate for any call (fifteen (15) or more minutes beyond the
end of their shift) which required them to return to duty that does not involve a court appearance.
Article 17. Court Pay
A. Police Sergeants shall be paid at a rate of time and one-half (1 %) for actual time spent in City -required
court appearances that occur during the employee's off -duty hours. A minimum of two (2) hours of
Court Pay will be provided for court appearances scheduled in the morning (8:00 a.m. — 12:00 p.m.)
and/or a minimum of two (2) hours will be paid for court appearances scheduled in the afternoon
(12:00 p.m. — 5:00 p.m.).
B. Employees receiving Court Pay do not also receive Standby compensation for court appearances for
the same time period.
Article 18. Special Assignments
A. The Police Chief has sole discretion to determine which Police Sergeants shall receive a Special
Assignment. Employees assigned to the following Special Assignments (or successor titles) listed
below shall receive, in addition to their regular compensation, premium pay in the amount of three
percent (3.0%) of base salary for performing in such Special Assignments; provided, however, that at
no time may an employee receive more than one (1) Special Assignment Pay premium. The following
Special Assignments are reported to CalPERS as special compensation because they meet the
definition of special compensation pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3),
however, it is CalPERS who ultimately determines whether any form of compensation qualifies as
special compensation:
1. Criminal Investigations Unit (Detective Division Premium)
2. Gang Unit (Gang Detail Assignment Premium)
3. Directed Enforcement Team (Narcotic Division Premium)
4. Professional Standards Division (Police Administrative Officer)
5. Traffic Unit (Traffic Detail Premium)
6. Community Resources Unit (Police Liaison Premium)
B. Employees in any Special Assignment as defined above who completed the Special Assignment (or left
the Special Assignment after serving at least three (3) years) shall receive additional compensation in
the amount of two percent (2%) of base salary as Retained Special Assignment Pay.
[10]
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
Employees who receive Retained Special Assignment Pay will maintain this additional pay upon
promotion. An employee who leaves a Special Assignment as the result of a promotion, and who has
served at least three (3) years in that assignment, shall begin receiving Retained Special Assignment
Pay upon leaving the assignment due to their promotion.
At no time may an employee receive more than one (1) Retained Special Assignment Pay premium,
for a total of two percent (2%) of base salary, regardless of how many Special Assignments the
employee has completed or served at any rank.
Retained Special Assignment Pay is not reported to CalPERS as special compensation because it does
not meet the definition of special compensation pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3). However, it is CalPERS who ultimately determines whether any form of pay is reportable
special compensation.
C. The City has the absolute discretion regarding the assignment and reassignment of Police Sergeants
to Special Assignments. Any such assignment is not vested and may be revoked at any time and any
appeal required by Section 3304(b) of the California Government Code shall be governed by Article
43 of this MOU (Rules of Evidence and Procedure for Employees Removed from Special Assignments).
When an employee reaches the expiration date of a Special Assignment term, as specified in the Police
Department's General Orders, the employee does not have the right to appeal the Police Chief's
decision to not renew or extend the employee's term in that Special Assignment.
D. An employee performing the assignment of Motor Sergeant in the Traffic Unit will receive one (1) paid
day off per month (10 hours) which is considered compensation for hours worked under the FLSA for
the time spent (as a Sergeant motor -handler) at their residence in caring for the motorcycle during
regular days off and during vacation or sick leave.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for off -duty
care of a motorcycle, entitles the parties to agree to a reasonable number of hours per month for the
performance of off duty maintenance duties. The hours derived at in this agreement were determined
after an actual inquiry of the Motor Sergeant assigned in the Traffic Unit Special Assignment as
addressed by Leever v. City of Carson City, 360 F.3d 1014 (9t" Cir. 2004). It is the intent of the parties
through the provisions of this section to fully comply with the requirements of the FLSA. In addition,
both parties believe that this section of the MOU does comply with the requirements of the FLSA.
The City and the Association understand and agree that this additional compensation is intended to
compensate the Motor Sergeant for all off duty hours spent maintaining their assigned motorcycle,
in compliance with the FLSA and interpretive cases and rulings. Unless otherwise authorized by a
supervisor, an employee in this assignment must limit their off -duty hours to a maximum of ten (10)
hours per month because they are only being paid for 10 hours per month.
Article 19. Shift Differential Pay
Unit employees who are regularly assigned to the graveyard shift (shift begins at 6:00 p.m. and ends at
6:00 a.m. the following day) or to a shift where all hours worked falls between the hours of 6:00 p.m. —
6:30 a.m. shall receive $100 per month ($46.15 per pay period) . In addition, Shift Differential Pay shall
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
also be provided to employees who are assigned to the Directed Enforcement Team or Gang Unit (in
recognition oftheirvariable shift schedule) and employees who are assigned to Squad 7 (a hybrid schedule
that includes day, cover, and graveyard shifts). The parties agree that this is special compensation and
shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as Shift Differential. However, it is CalPERS who ultimately determines whether any form of
compensation qualifies as special compensation. This differential is designed to compensate the
employee for the inconvenience of working this particular shift.
Article 20. Acting Pay
An employee assigned to temporarily work in a higher classification will receive Acting Pay of 5% of base
pay. This rate will be paid effective the beginning of the first full pay period in which the employee serves
in the Acting assignment.
If a Police Sergeant who is receiving Acting Pay is required to work overtime performing Sergeant -level
duties, the employee is entitled to overtime compensation for these additional hours but shall not receive
the 5% Acting Pay for those hours. If the Police Sergeant is required to work overtime performing
Lieutenant -level duties, the employee is not entitled to any additional compensation for these additional
hours.
In compliance with the California Public Employees' Retirement System regulations and definition of
Special Compensation (2 CCR §571), Acting Pay shall be reported to CalPERS as Special Compensation. The
parties agree that Acting Pay ("Temporary Upgrade Pay') is described in Title 2 CCR, Section 571(a)(3) as
a "premium pay' — a type of reportable special compensation. This pay is only reportable to CalPERS as
special compensation for those who qualify as classic members as described by the Public Employees'
Pension Reform Act of 2013 — PEPRA. This pay is not reportable as special compensation for employees
defined as "new members" under PEPRA. However, it is ultimately CalPERS who determines whether any
form of pay is reportable special compensation.
CHAPTER 3 — BENEFITS
Article 21. 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) ($158 per month for calendar
year 2025, 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, 2025, the Flexible Benefits contribution per month per
eligible employee will be as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,525 $1,601 $1,811
[12)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
C. Effective the pay period that includes July 1, 2026, the Flexible Benefits contribution per month per
eligible employee will be as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,525 $1,681 $1,902
D. Effective the pay period that includes July 1, 2027, the Flexible Benefits contribution per month per
eligible employee will be as follows:
Employee Only Employee + 1 Employee + 2
Dependent or More Dependents
$1,525 $1,765 $1,997
E. Effective the pay period that includes each July 1 thereafter, the City's monthly Flexible Benefits
contribution will be increased by five percent (5%) for Employee + 1 Dependent and Employee + 2 or
More Dependents only. The City's monthly Flexible Benefits contribution for Employee Only will
remain constant until such time that it falls below the City's monthly Flexible Benefits contribution for
employees in the Tustin Police Officers Association — Police Officer Representation Unit (TPOA). When
the City's monthly Flexible Benefits contribution for TPOA exceeds $1,525, the City's monthly Flexible
Benefits contribution for employees in this unit shall be increased to equal the contribution provided
to employees in TPOA effective at the same time. Effective the pay period that includes each July 1
thereafter, the City's monthly Flexible Benefits contribution will be increased by five percent (5%).
F. 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
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.
G. The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be
applied to City -sponsored programs, including required payment towards employee medical
insurance under the Public Employees' Medical and Hospital Care Act (PEMHCA). At minimum,
employees are required to take employee only medical and dental insurance, with premiums paid out
of their Flexible Benefits contribution. Employees may allocate the remaining amount among the
following programs:
1. Medical insurance
2. Dental insurance
3. Additional life insurance
4. Vision insurance
5. Section 125 Flexible Spending Account for medical or dependent care reimbursement
6. Eligible catastrophic care programs
7. Cash
Discretionary allocations are to be made in accordance with program/City requirements including
restrictions as to the time when changes may be made in allocations to the respective programs.
[131
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
H. The City retains the right to change administrators.
I. Participation in the Section 125 medical and/or dependent care reimbursement programs is voluntary
and employee -funded.
Article 22. Retirement
A. All employees covered under this Agreement shall be members of the California Public Employees'
Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with
CaIPERS, as amended.
B. Employees first hired by the City as Local Safety Members prior to January 1, 2012 shall be provided
the CaIPERS 3% @ 50 retirement formula in accordance with Government Code section 21362.2.
1. These employees are responsible for paying the employee contribution of 9% of the employee's
wages through a pre-tax payroll deduction. The City has adopted the CaIPERS resolution in
accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on
a pre-tax basis.
2. These employees are also responsible for paying an additional pension contribution of three
percent (3%) as cost sharing in accordance with Government Code section 20516(f), for a total
employee pension contribution of twelve percent (12%). If, at any time in the future, the
Association informs the City that it no longer agrees to this cost sharing agreement, effective on
the date of the elimination of the cost sharing (which would need to coincide with the expiration
date of the MOU) these employees' base salary would be reduced by an amount equal to the
value of this three percent (3%) cost sharing.
3. The plan has been amended to include Section 21574 (Fourth Level of 1959 Survivor Benefits),
Section 20042 (One -Year Final Compensation), and Section 21024 (Military Service Credit as Public
Service). The employee is responsible for paying the employee portion of the 1959 Survivor
benefit premium.
C. Employees first hired by the City as Local Safety Members on or after January 1, 2012, excluding any
individuals defined as "new members" by the Public Employees' Pension Reform Act (PEPRA) of 2013,
shall be provided the CaIPERS 2% @ 50 retirement formula.
1. These employees are responsible for paying the employee contribution of 9% through a pretax
payroll deduction. The City has adopted the CaIPERS resolution in accordance with IRS Code
section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
2. These employees are responsible for paying an additional pension contribution of three percent
(3%) as cost sharing in accordance with Government Code section 20516(f), for a total employee
pension contribution of twelve percent (12%). If, at any time in the future, the Association informs
the City that it no longer agrees to this cost sharing agreement, effective on the date of the
elimination of the cost sharing (which would need to coincide with the expiration date of the
MOU) these employees' base salary would be reduced by an amount equal to the value of this
three percent (3%) cost sharing.
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
3. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of their retirement or as designated by the
employee in accordance with Government Code Section 20037.
D. Employees first employed by the City on or after January 1, 2013 who are defined as "new members"
by the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS 2.7%
@ 57 plan for Local Safety members.
1. The employee is responsible for paying the employee contribution of one-half of the total normal
cost of the plan, as defined by CalPERS, through a payroll deduction. Effective the pay period
including July 1, 2025, the employee contribution is 13.75%. This amount will be determined by
CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code
section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
2. The plan includes Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024
(Military Service Credit as Public Service). The employee is responsible for paying the employee
portion of the 1959 Survivor benefit premium. This plan provides retirement benefits based on
the highest annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of their retirement or as designated by the
employee in accordance with Government Code Section 7522.32(a).
Article 23. Deferred Compensation
For each Police Sergeant and Police Lieutenant, the City shall contribute 2% of the employee's base salary
to a Section 401(a) deferred compensation plan. It is the responsibility of each employee to complete the
necessary paperwork and take required steps to enroll in the plan. Should an employee fail to enroll, the
City is under no obligation to make retroactive contributions on behalf of said employee. Employees hired
into this unit shall be provided with notification of the deferred compensation program, including the
amount of employer contributions, during employee orientation.
Employees also have the option of voluntarily contributing to a Section 457(b) deferred compensation
plan. Employees are permitted to contribute to their 457(b) deferred compensation account up to the
maximum permitted by law based on their age.
Article 24. Employee Life Insurance
A. The City will provide life insurance for each employee and pay the required premiums. The death
benefit of said insurance shall be equal to two hundred thousand dollars ($200,000). The City will also
provide $1,000 per dependent of dependent life insurance.
B. The City shall also make available, at the employee's option, a supplemental life insurance policy. The
premium of the supplemental policy shall be paid by the employee.
[15)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
Article 25. Long -Term Disability (LTD) Plan
A. The parties agree that the TPOA-provided Long -Term Disability (LTD) Insurance Plan specifically for
sworn police personnel shall continue in full force and effect during the term of this MOU
B. The City will contribute $20.50 per month per unit employee to the TPOA LTD Fund.
C. In addition to provisions of the TPOA LTD Plan, the City will provide a supplemental benefit during the
initial 30 days of leave (the elimination period) if the duration of the leave exceeds 30 days.
In the event a non -industrial illness or injury is anticipated to exceed 30 days, the employee is first
required to use 80 consecutive hours of their accrued leave during the 30 day period beginning with
the first day of the leave. In the event no leave time is available, the employee shall be on leave
without pay for 80 consecutive hours.
After the first 80 hours of leave, and for the remainder of the 30 day elimination period, the employee
shall be compensated by the City at the rate of 60% of the employee's pre -disability base salary. This
City payment is taxable income. The employee may supplement this City payment with accrued leave
(General Leave or Compensatory Time Off) to enable them to receive an amount equivalent to no
more than 100% of their pre -disability earnings.
D. Provided an employee is eligible for FMLA/CFRA leave, Flexible Benefits will be continued for ninety
days of a disability leave and such time will be counted towards satisfying Federal Family Medical
Leave Act (FMLA) and California Family Rights Act (CFRA) requirements.
E. Eligibility for City benefits provided in Parts C and D of this Article is conditioned upon the City's receipt
of proof of disability.
Article 26. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those areas of benefit
both to the employee and to the City. Full-time employees shall be eligible for tuition reimbursement and
will be eligible for reimbursement of eligible expenses by the City for professional and technical courses
subject to the following conditions:
1. Reimbursement shall be made for tuition fees, textbooks, lab fees, and/or required supplies, upon
completion of the course with a satisfactory grade (a grade of "C" or better) and after the
completion of the initial probationary period. Requests to enroll in courses may be granted prior
to the completion of probation. However payment will not be made until the employee has
completed the probationary period and attained regular status.
2. Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits
or any other reimbursement for the same course.
3. Employees may be reimbursed for up to $4,000 per calendar year in covered expenses for
attending graduate school, a four-year college or university, or a job -related program through
University of California or California State University extended education programs or at a
[16)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
California Community College. This reimbursement benefit may be used for other job -related
educational programs administered by other professional organizations with the express approval
of the City Manager. If an employee separates from City service within twelve months of receiving
this Tuition Reimbursement benefit, the employee is responsible for refunding the City the full
amount of the benefit that was paid. Funds will be deducted from the employee's final paycheck
to cover the re -payment of the tuition reimbursement.
a. Personal computers, internet service, transportation expenses, and other related
expenses are not considered to be "required supplies" that must be purchased in order
to complete an educational program and therefore these items are generally not eligible
for reimbursement under the Tuition Reimbursement program. However, if an employee
purchases a personal computer specifically for use in a degree program (Bachelor's
degree, Master's degree, or other approved advanced degree) for which tuition
reimbursement has been approved by the City, the employee may request to receive a
one-time reimbursement of up to $500 after providing the City with proof of completion
of the degree program and receipt of the degree in addition to proof of purchase of the
computer. This reimbursement for up to $500 shall be counted towards the maximum
reimbursement benefit provided in paragraph 3 above.
4. The City has set up procedures that allow for expedient reimbursement for classes taken and fees
paid. Employees may request reimbursement in the calendar year that the class is taken and
completed. Failure to request reimbursement in a timely manner and/or classes taken in excess
of the allowable reimbursement level cannot be carried over to a future year reimbursement
period.
5. Approval from the Police Chief, Director of Human Resources, and City Manager (when required)
should be obtained prior to enrollment in the course or program to ensure the City will approve
the reimbursement request.
Article 27. Cell Phones
A. Employees are eligible for either a City -issued cell phone or a cell phone stipend of $21 per pay period
($45.50 per month), which is taxable income.
B. The Cell Phone Stipend is designed to contribute to an employee's personal 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. City payment of a cell
phone stipend does not convert the employee's personal cell phone into a City -issued cell phone.
Article 28. Vehicle Allowance
Police Lieutenants receive a vehicle allowance of $ $250 per month ($115.38 per pay period)) or, in the
alternative, a take home vehicle.
Police Captains receive a vehicle allowance of $400 per month ($184.62 per pay period) or, in the
alternative, a take home vehicle.
[17j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
Article 29. Additional Compensation in Extraordinary Circumstances
When in the judgment of the City Manager it becomes necessary or in the best interests of the City to
utilize the services of exempt City employees in extraordinary circumstances, the City Manager may
authorize additional compensation for exempt employees on a limited and temporary basis.
"Extraordinary circumstances" for purposes of this Section may include situations such as an employee
being assigned to perform work unrelated to their regular job duties due to a declared federal, state, or
local emergency or natural disaster, when working on special projects of a lengthy duration outside the
scope of the employee's regular duties, or when performing additional work due to extreme staffing
shortages.
Police Captains are eligible for lump sum payments, not to exceed an amount equivalent to five percent
(5%) of their annual base salary, for additional hours worked in extraordinary circumstances. Any
additional compensation paid pursuant to this Article will be paid in a lump sum and is not necessarily
directly associated with a specific number of hours worked. Compensation paid pursuant to this Article is
in addition to an employee's regular compensation, is not considered part of their base salary, and is not
reported to CalPERS as compensation earnable or pensionable compensation because it does not meet
the definition of "special compensation" as defined in California Code of Regulations sections 571 or
571.1.
The City Manager has the sole discretion to determine if any Police Captain qualifies for additional
compensation pursuant to this Article. The provisions of this Article are intended to be rarely used and
reserved for limited and special circumstances in which the City Manager determines that it is in the City's
best interests to implement these provisions.
Additional compensation in extraordinary circumstances for Police Lieutenants is described in Article 9
(Overtime Compensation) of this MOU.
Article 30. Retiree Medical Insurance
A. The City will reimburse eligible Police Sergeants and Lieutenants up to a maximum of $350 per month
for the payment of CalPERS retiree medical insurance premiums. This amount includes the minimum
contribution towards retiree medical insurance required under the PEMHCA program ($158 per
month for calendar year 2025, and a yet to be determined amount for subsequent calendar years).
Police Captains who are eligible for this benefit are eligible to be reimbursed up to $350 per month
plus that year's annual minimum contribution under PEMHCA.
B. A unit employee hired by the City prior to July 1, 2011 is eligible for this benefit provided that they
have been continuously employed by the City for five (5) full years, retires from the City and CalPERS,
and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees,
who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS
may satisfy the five (5) year continuous service requirement using a combination of service with the
City and service with any public agency with a reciprocal retirement system.
C. A unit employee hired by the City on or after July 1, 2011 is eligible for this benefit provided that they
have been continuously employed by the City for ten (10) full years, retires from the City and CalPERS,
W
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
and enrolls in a CalPERS medical insurance plan immediately after retirement. Eligible employees,
who suffer a disability, are unable to return to work, and take a disability retirement from CalPERS
may satisfy the ten (10) year continuous service requirement using a combination of service with the
City and service with any public agency with a reciprocal retirement system.
D. Reimbursement shall not be made until an employee appears on the City's CalPERS insurance billing.
In order to maintain the retiree medical insurance stipend throughout retirement, an employee must
maintain coverage in a CalPERS medical insurance plan; once coverage is dropped, reimbursement
will cease and will not be reinstated.
Article 31. Retiree Health Savings Plan
Effective the pay period that includes July 1, 2025, the City shall contribute two percent (2%) of base salary
to a retiree health savings account for each employee in the bargaining unit.
CHAPTER 4 — LEAVES OF ABSENCE
Article 32. General Leave
A. Paid General Leave shall be granted to each full-time employee at the rates listed below per year,
prorated on a biweekly basis for each biweekly pay period in which the employee is in paid status for
at least 40 hours of the pay period. If the employee is in paid status between 40-80 hours of a pay
period, 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. The Chief of Police may annually grant an additional eight (8) hours of General Leave to each employee
whose performance is satisfactory. This may occur one time per calendar year.
C. General Leave Cash Out:
Employees in the unit are permitted to cash out General Leave as follows:
On or before 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
[19]
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
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.
D. Each employee is responsible for managing their General Leave bank. Employees wishing to stay
below the General Leave cap are encouraged to regularly monitor their leave accrual balances that
are provided on each biweekly paycheck, provide the department with as much advance notice as
possible when requesting to use General Leave for time off, be flexible when requesting to take time
off during periods of heavy usage or staffing shortages, and take advantage of the General Leave cash
out program.
The department will not unreasonably deny an employee's request to use General Leave. Supervisors
will be fair and reasonable in reviewing employee requests to use General Leave and will balance the
wishes of the employee with the operational and safety needs of the department and the efficient
use of the City's resources.
If an employee requests to take time off using General Leave and has not fully used the General Leave
cash out program, the fact that an employee is at their General Leave accrual cap shall not be cause
for the department to automatically grant the employee's request to use General Leave.
E. Upon reaching the maximum, accrual will cease until leave is used to reduce the accrual below the
maximum. Upon separation from City service the employee will be paid for unused General Leave,
not to exceed the maximum of two (2) years entitlement, at the employee's then current base salary
rate. Should an employee request to use General Leave in accordance with department procedures
and be denied the use of leave which will result in the employee reaching their maximum accrual cap,
the Director of Human Resources will be notified to facilitate an agreeable remedy for both parties.
F. The use of General Leave must be approved by the department head and due regard shall be given to
the employee's preference in scheduling such paid leave time.
G. Advanced General Leave is available under the following provisions:
1. A unit member requests a leave of absence for a "serious health condition" as that term is defined
under the FMLA/CFRAfor themselves, a child, parent, spouse registered domestic partner, sibling,
grandparent, grandchild and designated person; and
2. At the time of the leave, the employee has a minimum of eighty (80) hours of General Leave
accrued; and
3. The employee exhausts their General Leave accrual; then
4. Upon request of the employee, the City will grant an advance of one -hundred twenty (120) hours
of General Leave for use in conjunction with the serious health condition (as defined above).
The Advanced General Leave must be repaid to the City once an employee returns to work. Advanced
General Leave will be repaid by transferring newly accrued General Leave back to the City until full
repayment of the leave has been returned. However, should an employee request and receive
Catastrophic Leave donations, the City will have any advanced hours returned from the catastrophic
leave donation bank to the City prior to providing the employee use of the donated hours.
[201
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
H. On the first pay period of each calendar year, each employee shall have one (1) hour of General Leave
reduced from their General Leave bank and added to a bank for use by the TPOA Board. The TPOA
Board shall notify the Human Resources Department when donated General Leave hours will be used
by employees in the bargaining unit.
Article 33. Compensatory Time Off
A. In lieu of receiving cash payment for overtime, a Police Sergeant may elect to be credited with
Compensatory Time Off at the rate of time and one-half (1 %), subject to approval of the Police Chief
or their designee. Employees may accrue up to a maximum of one hundred (100) hours of
Compensatory Time Off.
B. Employees will be paid for all Compensatory Time Off in January of each year provided that an
employee may retain a maximum of forty (40) hours in their account if notice of such desired retention
is submitted to the City.
C. The time during which an employee may take Compensatory Time Off shall be subject to approval by
the Chief of Police or designee with due regard for the wishes of the employee and for needs of the
service. However, an employee wishing to use their accrued Compensatory Time Off shall provide
the City with reasonable notice of such request. Reasonable notice is defined as two (2) calendar
weeks. If reasonable notice is provided, the employee's request will not be denied unless it would be
unduly disruptive to the department to grant the request. A request to use Compensatory Time Off
without reasonable notice may still be granted within the discretion of the supervisor or manager
responsible for considering the request.
D. When an employee separates from City service, or remains employed by the City, but promotes to
Police Lieutenant or moves to a position no longer represented by TPMA, an employee shall be
compensated for all accrued Compensatory Time Off at their regular rate of pay.
Article 34. Administrative Leave
A. As exempt employees under the Fair Labor Standards Act (FLSA), Police Captains and Police
Lieutenants are compensated for meeting the requirements and performing the duties of their job
regardless of the number or scheduling of hours worked. In lieu of overtime compensation, the City
shall provide Police Captains and Police Lieutenants with an annual credit of forty (40) hours of paid
Administrative Leave each January.
B. During the first calendar year of employment as an exempt employee in this bargaining unit, Police
Captains and Police Lieutenants shall be granted a prorated share of Administrative Leave at time of
appointment, with the amount dependent upon the employee's hire date as follows:
Hire Date Administrative Leave
1st Quarter (January — March)
40 hours
2nd Quarter (April —June)
30 hours
3rd Quarter (July —September)
20 hours
4th Quarter (October— December)
10 hours
[21)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
C. Each January, subject to guidelines established by the City Manager, the Chief of Police may grant
each Police Captain and Police Lieutenant up to an additional forty (40) hours of Administrative Leave,
based on the individual's prior year's job performance and their commitment of time dedicated to
City business in excess of their regular work schedule. An employee whose performance is in need of
improvement, pursuant to a performance evaluation or performance improvement plan, is not
eligible to receive additional Administrative Leave. After the conclusion of the first calendar year of
employment, Police Captains and Police Lieutenants shall eligible for a prorated share of additional
Administrative Leave, in accordance with the same guidelines as those governing the initial granting
of Administrative Leave at time of appointment, as specified in this Article (e.g. an employee hired in
the 3rd Quarter of Year 1 is eligible for up to 20 additional hours of Administrative Leave in January
of Year 2).
D. The accrual of Administrative Leave is limited to a maximum of eighty (80) hours at any time. Granting
a request to use Administrative Leave is within the discretion of the Chief of Police.
Article 35. Holidays
A. The following Holidays are observed by the City:
January 1
New Year's Day
Third Monday In January
Martin Luther King Jr. Day
Third Monday in February
Presidents' Day
Last Monday in May
Memorial Day
June 19
Juneteenth
July 4
Independence Day
First Monday in September
Labor Day
November 11
Veterans Day
Thanksgiving Day
Thanksgiving Day
Day following Thanksgiving Day
Day after Thanksgiving Day
December 24
Christmas Eve
December 25
Christmas Day
December 31
New Year's Eve
Each of the thirteen (13) Holidays has a value of nine (9) hours.
Except as provided for below in subparagraph D1 and D2, in December of each year, each regular and
promotional probationary employee may request Advance Holiday Pay, a cash out of their one
hundred and seventeen (117) hours of Holiday credit for the following year in lieu of having time off.
The employee must have General Leave accrued in an amount equivalent to the Holiday cash out
requested to be eligible for full payment of the Advance Holiday Pay in January. In the event the
employee does not have the required hours in their General Leave bank, pursuant to the City's leave
report for Pay Period 25 of each year, the Advance Holiday Pay shall be made in two installments,
sixty-three (63) hours in January (January — September holidays) and fifty-four (54) hours in October
(October — December holidays).
[221
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
The Advance Holiday Pay request may only be for cash. The employee's request shall be in writing
and is irrevocable. In the event that an employee separates from service and has used and/or been
paid for Holidays in excess of the pro-rata earned hours per month, the overage shall be deducted
from their final check.
In the event an employee is on unpaid status immediately before or after the holiday, or is not
otherwise eligible to receive a paid Holiday, and has received Advance Holiday Pay, the City shall
reduce the employee's leave bank(s) by the amount of hours of any unearned Holiday previously paid
on the payroll immediately following the Holiday (or as soon as the overpayment is discovered).
1. Exception: If at the time Advance Holiday Pay is being processed, the employee is on an unpaid
medical leave of absence without a documented return to work date (within the next 30 days),
the employee will not receive Advance Holiday Pay and will instead be paid for each Holiday as it
occurs if the employee is in a paid status at the time the Holiday occurs.
2. Exception: If at the time Advance Holiday Pay is being processed, the employee has submitted a
written resignation letter to the Human Resources Department with a separation date in the
upcoming calendar year, the employee will only receive Advance Holiday Pay for the holidays that
will occur prior to the employee's separation date, as noted on the resignation letter. If the
employee's circumstances change and the employee remains employed and in fully paid status
beyond the separation date documented in the resignation letter, the employee will be paid for
any additional holidays in that calendar year as they occur.
C. Regular and promotional probationary employees who decline to request Advance Holiday Pay will
be paid for each Holiday as it occurs. Newly hired probationary employees are not eligible for Advance
Holiday Pay and will be paid for each Holiday as it occurs.
D. The parties agree that Holiday Pay is additional compensation for employees who are normally
required to work on an approved holiday because they work in positions that require scheduled
staffing without regard to holidays and shall, to the extent legally permissible, be reported as special
compensation pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4). However, it is CalPERS who
ultimately determines whether any form of compensation qualifies as special compensation.
Article 36. 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. Bereavement Leave is intended
to allow time for an employee to mourn the loss of a loved one and/or to assist family members during a
time of loss. In the event an extended absence or travel is necessary, the employee may request to use
General Leave to supplement Bereavement Leave.
[231
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
CHAPTER 5 — WORKING CONDITIONS
Article 37. Attendance
A. All bargaining unit employees shall be in attendance at work in accordance with the rules regarding
hours of work, holidays, and leaves.
B. Any employee who is absent from duty shall report the reason for such absence to the department
head or immediate supervisor prior to the absence as far in advance as possible and in no case later
than two (2) hours before the beginning of the employee's scheduled work shift. Absences not
reported in such manner may be considered absence without leave. A deduction of pay may be made
for the duration of any absence without leave. Upon return to work, such absence shall be justified
to the department head who shall consider the need for disciplinary action or to approve the absence
as unavoidable and allow the employee to make up the lost time or cover it with General Leave.
C. Absence from work without approved leave and without reasonable cause for three (3) consecutive
scheduled work days may be cause for immediate discharge.
D. If an employee has a leave of absence without pay in excess of thirty (30) calendar days, continuous
service shall be considered interrupted for purposes of advancement within a salary range. Absence
with pay shall not be considered an interruption of an employee's continuous service and shall not be
deducted in computing total city service time.
Article 38. Work Schedules
A. Police Lieutenants and Police Sergeants work schedules under Section 207(k) of the Fair Labor
Standards Act (FLSA). Police Lieutenants are exempt from overtime except as specifically provided in
Article 9.E and 9.F. Police Captains are exempt from all overtime.
B. Department work schedules include:
1. The 4/10 work schedule. In each seven (7) calendar day period, the employee works four 10-
hour days where the scheduled work shift commences and ends at the same time each day
followed by three consecutive days off.
2. The 3/12.5 work schedule. In each seven (7) calendar day period, the employee works three
12.5 hour days where the scheduled work shift commences and ends at the same time each
day and is followed by four consecutive days off. During the 28 day work period, the employee
must work one additional 10-hour shift.
C. Individual changes to the work schedule described above will be upon mutual agreement between
the department and the employee.
D. The department will select shifts as follows:
1. The City is divided into two (2) separate patrol areas — North and South.
[24j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
2. Patrol Sergeants will select shifts by seniority twice a year from either the North or South
area. Generally, Patrol Sergeants will be limited to 24 consecutive months on any shift
assignment (day shift, cover shift or nightshift). Based on departmental needs, a Patrol
Sergeant may be allowed to extend beyond the 24 consecutive month rotation.
3. Based on departmental needs, shift assignments maybe reserved for probationary Sergeants.
The remaining shifts will be selected by patrol area by seniority. In the event that there is only
one probationary Sergeant and a significant balance of seniority, this option may not be
exercised.
4. If a Sergeant assigned to a special assignment returns to patrol in conjunction with shift
selection, they will be allowed to sign up by seniority. If a Sergeant assigned to a Special
Assignment returns to patrol, at a time other than at shift selection, they will be assigned to
a patrol area and shift based on the staffing needs of the department. The Chief of Police will
maintain ultimate control of scheduling per the needs of the agency.
5. If at the time of shift signups an employee is off work on a medical leave of absence without
a documented return -to -work date from their primary treating physician, they will not be
permitted to select a shift for the upcoming deployment period. However, if an employee is
off work on a medical leave of absence and has presented the City with a documented full
duty return -to -work date that is no more than 30 days beyond the start of the upcoming
deployment period, they will be permitted to select a shift at the time of shift signups.
E. Employees assigned to special task forces or regional teams will work the hours the team works.
F. Employees may have their work schedules changed to accommodate training assignments which are
eight (8) or more hours in duration.
Article 39. Shift Trading
Police Sergeants have the right to trade shifts with their colleagues subject to the following conditions:
1. Both employees agree to the shift trade voluntarily.
2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade. However,
denials are not subject to being grieved.
3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was
worked will record the time as time worked on their time sheet.
4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and
will not be monitored by the City. Traded shifts should fall in the same two week pay period.
They must fall within the same 28 day work period. If an employee leaves the City having not paid
back a shift, it shall be the responsibility of the two employees to work out any pay back.
5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does
not work the shift, the employee who agreed to work the shift shall have their General Leave
[25j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
deducted. For example, if Police Sergeant A agrees to work the shift for Police Sergeant B and
prior to the shift, Police Sergeant A calls in sick and does not work the shift, Police Sergeant A's
General Leave is deducted and Police Sergeant B gets credit for the shift.
Article 40. Rest Periods and Lunch Breaks
A. All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4)
hours of their work shift. The scheduling of the rest breaks shall be the responsibility of the
employee's supervisor.
B. Employees receive a paid lunch break because they are required to be working or available to respond
immediately to calls for service during their lunch time.
CHAPTER 6 — EMPLOYER / EMPLOYEE RELATIONS
Article 41. Employee Rights
As the recognized representative of the employees covered by this MOU the City acknowledges and
recognizes the following employee rights:
1. TPMA shall have access to and be provided with payroll deduction of dues, fees, and assessments
without charge through the City's regular payroll system.
2. TPMA shall be afforded the use of department bulletin boards for the posting of notices, updates,
meeting minutes and other material related to TPMA business.
3. TPMA shall be afforded the reasonable use of department copy machines.
4. Upon notice and subject to availability the City shall allow TPMA the use of City facilities including
meeting rooms for TPMA membership, Board of Directors and committee meetings.
5. TPMA representatives shall be allowed reasonable paid release time for preparation for and
attendance at meetings with management related to the meet and confer process and labor
relations matters.
6. All bargaining unit members shall have the right to representation by TPMA in processing
grievances and disciplinary appeals. Employees shall be afforded reasonable paid release time to
meet with TPMA representatives for discussion and consultation on grievances and disciplinary
appeals. If a grievance is filed (by either an employee or the Association) as authorized by the City
of Tustin Personnel Rules in Section 11, the employee or the Association shall file the grievance
within thirty (30) days from the date of the act or omission which gave rise to the grievance. The
grievance procedure is the exclusive method for alleging a violation of a provision of this MOU.
The grievance procedure in the Personnel Rules is incorporated by reference into this MOU. The
employee may assert that the alleged violation has been occurring for more than thirty (30) days.
[26j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
7. TPMA shall have the exclusive right on behalf of the bargaining unit to meet and confer with
management over matters of wages, benefits, hours, and terms and conditions of employment
pursuant to State and Federal laws.
8. All bargaining unit members shall have the right to join and participate in the activities of TPMA
free from interference, intimidation, coercion, or discrimination.
9. TPMA shall have the right to distribute a reasonable amount of association information and
newsletters at the job site.
10. TPMA representatives shall have the right to reasonable use of department telephones and e-
mail for the discussion of TPMA business.
11. TPMA representatives and consultants shall have the right of reasonable access to the workplace.
12. TPMA representatives may be granted time off using General Leave or other leave for labor
relations training.
13. All other rights and privileges currently in effect or which may be enacted in the future pursuant
to State or Federal law.
Article 42. Third Party Advisory Process for Disciplinary Appeals
A. Disciplinary actions, which may move beyond the department head's decision, include the actions of
termination, suspension, reduction of salary, and demotion. The "third party' advisory process is the
step between the department head's action and the City Manager's final decision. In the Police Chief's
notice of final disciplinary action (which should be served by personal delivery) shall be a statement
which clearly informs the employee that they have the right, within ten (10) working days after receipt
of the response, to request the next level of appeal. The day the employee receives the Police Chiefs
final notice shall not count as one of the ten (10) days.
B. The employee's request for the next level of appeal must be addressed to the Director of Human
Resources and received in the Human Resources Department so that same is date stamped by the
Human Resources Department with the ten (10) day period.
C. If, within the ten (10) day appeal period, the employee involved does not file said appeal, unless good
cause for the failure is shown, the action of the Police Chief shall be considered conclusive and shall
take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such
notice of appeal by giving written notice of appeal to the Director of Human Resources, an appeal
hearing shall be established as follows:
1. If a single third party hearing officer cannot be agreed upon by the Director of Human
Resources and the employee's representative (or employee alone if unrepresented), the State
Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons
qualified to act as arbiters to the City and employee. Within ten (10) days following receipt
of the list of arbiters, the parties shall meet to select the arbiter. The parties shall alternately
[27)
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
strike one (1) name from the list of arbiters (the right to strike the first name to be determined
by flipping a coin) until one (1) name remains, and that person shall be the arbiter.
2. Where practicable, the date for 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 Director of Human
Resources. The parties may stipulate to a longer or shorter period of time in which to hear
the appeal. All interested parties shall be notified in writing of the date, time, and place of
hearing.
3. All hearings shall be private, provided, however, that the arbiter shall, at the request of the
employee, open the hearing to the public.
4. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request
of either party, not less than five (5) working days, prior to the commencement of such
hearing. After the commencement of such hearing, subpoenas shall be issued only at the
discretion of the arbiter.
5. 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 rules, which might make improper the 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 arbiter shall not be bound by technical rules of evidence. The arbiter shall
rule on the admission or exclusion of evidence.
6. 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 or any matter relevant to the issues even though that matter was not covered in
the direct examination; to impeach any witness regardless of which party first called them to
testify; and to rebut the evidence against them. If the respondent does not testify in their
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.
7. The hearing shall proceed in the following order, unless the arbiter, for special reason,
otherwise directs:
a. The City shall be permitted to make an opening statement.
b. The employee shall then be permitted to make an opening statement.
c. The City shall produce the evidence on their part; the City bears the burden of proof
and burden of producing evidence.
M
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
d. The employee may then open their defense and offer their evidence in support
thereof; the employee bears the burden of proof and the burden of producing
evidence for any affirmative defenses asserted.
e. The parties may then, in order, respectively offer rebutting evidence only, unless the
arbiter for good reason permits them to offer evidence upon their original case.
f. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
8. The arbiter shall determine 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 the hearing unless the arbiter, in
their discretion, for good cause, otherwise directs. No photographs, or video shall be taken in the
hearing room during a hearing. The arbiter, prior to or during a hearing, may grant a continuance
for any reasons they believe to be important to reaching a fair and proper decision. The arbiter
shall render their decision as soon after the conclusion of the hearing as possible and in no event
later than thirty (30) days after conducting a hearing. Their decision shall set forth findings of fact
and conclusions. The decision shall be advisory only.
9. The arbiter may recommend sustaining or rejecting any or all of the charges filed against the
employee. They may recommend sustaining, rejecting, or modifying the disciplinary action
invoked against the employee. They may not recommend discipline more severe than that
imposed by the Police Chief.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a copy sent
to the charged employee, and the Director of Human Resources and shall set forth their findings
and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's
recommendation, the opinion shall set forth the recommended date the employee is
recommended to be reinstated and/or other recommended action. The reinstatement date, if
appropriate, may be any time on or after the date of disciplinary action.
10. Within thirty (30) days of the receipt of the arbiter's findings and recommendations, and
transcript, whichever date is later, the City Manager shall adopt, amend, modify or reject the
recommended findings, conclusions, and/or opinions of the arbiter. Prior to making a decision,
which modifies or rejects the recommendation of the arbiter, the City Manager shall order and
read the transcript of the Third Party Advisory Process. Prior to making a decision which supports
the arbiter, the City Manager may order and read the subject transcript, at their option, allow
limited oral arguments and/or may request and review written statements from either side. The
decision of the City Manager shall be final and conclusive. Copies of the City Manager's decision,
including the ar biter's recommendations(s) shall be filed where appropriate, including the
employee's personnel file, unless no discipline is upheld by the City Manager. Each party shall
bear equally the cost of facilities, fees and expenses of the arbiter, including the court reporter
and transcripts. If the City Manager orders a transcript for their review, the City shall bear the
cost of providing the transcript. Each party shall bear its own witness and attorney fees. If either
party unilaterally cancels or postpones a scheduled arbitration, thereby resulting in a fee charged
by the arbiter or court reporter, then the party responsible for the cancellation or postponement
[29]
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
shall be solely responsible for the payment of that fee. This process shall not apply to mutual
settlements by the parties, which result in an arbitration fee.
11. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City
Manager, the time of such suspension, demotion or dismissal shall be effective from the first day
after such delivery of said decision or shall relate back to be effective as of the date the employee
was suspended from duty pending hearing before and decision by the City Manager, whichever is
applicable. If discipline imposed resulted in loss of pay, the pay loss shall be restored to the
employee based on the number of standard work hours lost computed at their then base hourly
rate. The provision of Section 1094.6 of the Code of Civil Procedure shall be applicable to
proceedings under this Article.
Article 43. Rules of Evidence and Procedure for Employees Removed from Special Assignments
Any Police Sergeant removed from a special assignment who loses Special Assignment Pay for non -
disciplinary reasons may file a written appeal with the City Manager within 10 days of receiving notice of
removal, in accordance with the following:
1. Hearings shall be conducted by the City Manager or their designee.
2. The question to be decided is whether the City abused its discretion in removing the Police
Sergeant from the Specialty Pay position.
Formal rules of evidence and procedure that may be applicable in a court of law shall not apply
to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of
evidence that responsible persons are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any judicial rule which might have made improper the admission of
such evidence over objection in civil actions. Hearsay evidence may be admitted for the purpose
of supplementing or explaining any direct evidence but shall not be sufficient by itself to support
a finding unless it would be admissible over objection in civil actions. The rules of privilege shall
be applicable to the same extent that they are recognized in civil actions.
4. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-
examine opposing witnesses. If the employee does not testify on their own behalf, the employee
may be called and examined as if under cross-examination.
5. Testimony shall be recorded by means of either a tape recording or certified court reporter.
6. Witness shall be sworn unless both parties stipulate otherwise.
7. Written declarations made under penalty of perjury shall be admissible, provided, however, that
declarants shall be made available for testimony at the request of the party against whom the
declaration is offered.
8. The Police Sergeant appealing the removal from the Specialty Assignment Pay position has the
burden of proof. The standard of proof is a preponderance of the evidence. The City shall present
its case first. During the presentation of the City's case, the Sergeant shall have the right to cross-
[301
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
examine any witness called to testify by the City. During the presentation of the Sergeant's case,
the City shall have the right to cross-examine any witness called by the employee to testify.
9. Both parties shall have the right to counsel. The employee may be represented by the a TPMA
representative.
10. Both parties shall have the right to present an opening argument prior to the presentation of any
evidence and a closing argument after the presentation of all evidence.
11. The City Manager, or their designee, shall decide all questions of procedure and evidence.
12. The City Manager, or their designee, shall issue a written decision within 30 days of 1) the
conclusion of the hearing, or 2) the receipt of post -hearing briefs if such briefs are requested by
the City Manager or their designee.
13. The decision of the City Manager shall be final and binding. If the City Manager chooses to
designate a hearing officer, that hearing officer will make a recommendation based on written
findings to the City Manager, whose decision shall be final and binding.
14. Any objection to the City Manager, or their designee, on the grounds of bias, must be made in
writing, stating the reasons therefore, by delivering of the writing to the City Manager no later
than five (5) days prior to the date of the hearing.
Article 44. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation results in the
denial of a merit increase. Nothing herein shall serve to restrict an employee from having a written
rebuttal attached to a performance evaluation with which the employee disagrees.
Article 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.
B. Any employee who participates in any of the conduct prohibited above may be subject to discipline
up to and including termination.
C. In the event of such activities, the Association shall immediately instruct any person engaging in such
conduct that they are violating the Agreement and that they are engaging in unauthorized conduct
and should resume full and faithful performance of their job duties.
[31j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
Article 46. Management Rights
Except as otherwise specifically provided for in State and/or Federal laws, and this Agreement, the City
reserves and retains and is vested with all rights of management which have not been expressly abridged
by specific provisions of this Agreement or by law to manage the City. This shall include, but is not limited
to:
1. The right to temporarily suspend the provisions of this MOU in the event of and for the duration
of an emergency as determined by the City Council and/or by County, State, or Federal action. In
the event of such suspension of this MOU, when the emergency is over, management will
immediately initiate the meet and confer process over replacement of any salary, benefit, or
working conditions lost by unit employees as a result of the suspension.
2. The right to determine staffing and direct the work force, including the right to hire, promote,
demote, evaluate, transfer, lay off, or discharge for just cause any employee.
3. The right to contract or sub -contract services and/or work.
4. The right to take such further action as may be necessary to organize and operate the City in the
most efficient and economical manner to serve the public interest.
5. The right to modify the performance evaluation form.
6. The right to modify and update class specifications.
Article 47. Layoffs
The layoff provisions described in the Personnel Rules currently in effect are incorporated into this MOU
by reference.
[32j
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
IN WITNESS WHEREOF, the parties hereto have executed this document this 151h day of April 2025.
FOR THE CITY OF TUSTIN
Aldo Schindler, City Manager
Derick Yasuda, Director of Human Resources
Nicole Bernard, Assistant City Manager
Karyn Roznos, Human Resources Manager
Jennifer King, Director of Finance/City Treasurer
Peter J. Brown, Liebert Cassidy Whitmore
FOR THE TUSTIN POLICE OFFICERS
ASSOCIATION — POLICE MANAGEMENT
REPRESENTATION UNIT
Beck Svensson, President
Robert Ward, Sergeant Representative
Matthew Nunley, Lieutenant Representative
Michael Sargent, Advanced Corporations
[331
Docusign Envelope ID: 69AC4BE1-C8C1-48ED-981C-2B9F4B7E6EE8
TPMA MOU 2025-28
APPENDIX A - HOURLY SALARY RANGES
Effective the pay period that includes July 1, 2025
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Police Captain
91.51
96.20
101.11
106.30
111.75
117.32
123.18
Police Lieutenant
77.36
81.32
85.49
89.87
94.48
99.20
104.16
Police Sergeant
64.79
68.12
71.61
75.26
79.12
83.08
87.24
Effective the pay period that includes July 1, 2026
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Police Captain
96.08
101.00
106.17
111.62
117.34
123.18
129.34
Police Lieutenant
81.23
85.39
89.77
94.36
99.20
104.16
109.37
Police Sergeant
68.03
71.53
75.19
79.03
83.08
87.24
91.60
Effective the pay period that includes July 1, 2027
Classification
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Police Captain
100.41
105.55
110.95
116.64
122.62
128.72
135.16
Police Lieutenant
84.89
89.23
93.81
98.61
103.67
108.85
114.29
Police Sergeant
71.09
74.75
78.57
82.58
86.82
91.16
95.73
[341