HomeMy WebLinkAboutCC RES 07-56RESOLUTION NO. 07-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION
AND COMPENSATION PLAN FOR THE CITY OF TUSTIN
AND APPROVING THE MEMORANDUM OF UNDER-
STANDING BETWEEN THE CITY OF TUSTIN AND THE
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION,
CONCERNING WAGES, SALARIES, FRINGE BENEFITS
AND CONDITIONS OF EMPLOYMENT
WHEREAS, the City Council has authorized and directed, under the provisions
of the City of Tustin Personnel Rules and Regulations, Resolution No. 88-103, the
preparation of a Classification and Compensation plan for all employees in the munici-
pal service of the City of Tustin; and
WHEREAS, Resolution No. 88-103 requires that amendments or revisions to the
compensation plan be approved by Resolution of the City Council; and
WHEREAS ,the City of Tustin, hereinafter referred to as "City" and the Tustin
Police Support Services Association, hereinafter referred to as "TPSSA", have met and
conferred in good faith in accordance with the requirements of the Meyers-Milias-Brown
Act; and
WHEREAS, the City and TPSSA have reached agreement on wages, salaries,
fringe benefits and conditions of employment effective July 1, 2007 through June 30,
2009 as more particularly set forth in the attached Memorandum of Understanding; and
NOW, THEREFORE, the City Council of the City of Tustin, California does
hereby resolve as follows:
SECTION 1. The Memorandum of Understanding, effective July 1, 2007, is
hereby approved and incorporated herein by reference as Exhibit "A" as though fully set
forth herein and staff is authorized to amend the City's classification and compensation
plans accordingly.
SECTION 2. This Resolution shall become effective on July 3, 2007 and all
Resolutions and parts of Resolutions in conflict herewith are hereby rescinded.
Passed and adopted by the City Council of the City of Tustin at a regular meeting
held on the 3rd day of July, 2007.
LOU BONE
Mayor
Resolution No. 07-56
Page 1 of 43
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, 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. 07-56 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 3 day of July, 2007, by
the following vote:
COUNCILMEMBER AYES: Bone . Amante . Davert , Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
City Clerk
Resolution No. 07-56
Page 2 of 43
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
TERM : JULY 1, 2007 TO J U N E 30, 2009
TABLE OF CONTENTS
ARTICLE 1. Representation .........................................................................................~4
ARTICLE 2. Represented Classes .............................................................................. .~4
ARTICLE 3. Compensation ......................................................................................... ..5
ARTICLE 4. Payroll Deductions ................................................................................... l
ARTICLE 5. Probationary Period ............................................'7
.....................................
ARTICLE 6. Uniforms ................................................................................................... ~B
ARTICLE 7. Bilingual Compensation ..........................................................................~8
ARTICLE 8. Retirement ................................................................................................ 8
ARTICLE 9. Social Security .........................................................................................8
ARTICLE 10. Overtime Compensation ........................................................................9
ARTICLE 11. Employee Life Insurance ....................................................................... 9
ARTICLE 12. Flexible Benefits Plan ............................................................................9
ARTICLE 13. Consolidated Omnibus Budget Reconciliation Act of 1985 ............. 10
ARTICLE 14. Retiree's Health Insurance .................................................................. 10
ARTICLE 15. Bereavement Leave ............................................................................. 11
ARTICLE 1 fi. Attendance ............................................................................................ 11
ARTICLE 17. Holidays ................................................................................................ 11
ARTICLE 18. General Leave ....................................................................................... 12
ARTICLE 19. Other Leaves ........................................................................................ 13
ARTICLE 20. LTD Leave of Absence and STD/LTD Program .................................. 14
ARTICLE 21. Compensatory Time ............................................................................. 15
ARTICLE 22. Rest Periods ......................................................................................... 16
ARTICLE 23. Leaves of Absence ............................................................................... 16
ARTICLE 24. Stand-by Duty ....................................................................................... 16
ARTICLE 25. Call Back Duty ...................................................................................... 17
ARTICLE 26. Tuition Reimbursement ....................................................................... 17
ARTICLE 27. Work Schedules ................................................................................... 17
ARTICLE 28. Shift Differential ................................................................................... 18
ARTICLE 29. Acting Pay ............................................................................................. 18
ARTICLE 30. Lunch Break ......................................................................................... 18
ARTICLE 31. Paid Lunch ............................................................................................
ARTICLE 32. Training Pay .......................................................................................... 19
ARTICLE 33. Part-Time benefited Employees ........................................................... 19
ARTICLE 34. Performance Evaluations .................................................................... 2.2
ARTICLE 35. Appeals and Hearings .......................................................................... 2'3
ARTICLE 36. Grievance Procedure ........................................................................... 2'6
ARTICLE 37. Severance Pay and Assistance to Layoffees ..................................... 2:9
ARTICLE 38. Layoff .................................................................................................... 2'9
ARTICLE 39. Family Leave ......................................................................................... 2:9
ARTICLE 40. No Strike/Job Action ............................................................................ ~~0
ARTICLE 41. Management Rights Clause ................................................................ ~~0
ARTICLE 42. Employee Rights .................................................................................. ~~1
ARTICLE 43.
.
Application of Agreement ................................................................... ~~2
,.
ARTICLE 44. Gender ................................................................................................... ~~2
Page 2 of 41
ARTICLE 45. Severability ........................................................................................... 32
ARTICLE 46. Binding on Successors ....................................................................... 32
ARTICLE 47. Notices .................................................................................................. 32
ARTICLE 48. Subject to State Law ............................................................................ 33
ARTICLE 49. Entire Agreement ............................................... ............................... 33
ARTICLE 50. Personnel Policies and Procedure Manual ........................................ 33
ARTICLE 51. Membership Meetings .......................................................................... 33
ARTICLE 53. Term of Agreement .............................................................................. 36
APPENDIX A ................................................................................................................. 37
APPENDIX B ................................................................................................................. 38
APPENDIX C ................................................................................................................. 39
APPENDIX D ................................................................................................................. 40
APPENDIX E ................................................................................................................. 41
Page 3 of 41
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN AND TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
July 1, 2007 through June 30, 2009
WHEREAS, in accordance with the provisions of the California Government Code
Sections 3500 et.seq. and Section 17 of the Personnel Rules and Regulations of the
City of Tustin, hereinafter "City," the City's representatives have met and conferred iin
good faith with representatives of the Tustin Police Support Services Association
(TPSSA), hereinafter "Association," pertaining to the subject of employee wages,
benefits and conditions of employment; and WHEREAS, the meetings between the
Association and City representatives have resulted in an agreement and understanding
to recommend that the employees represented by the Association accept all of the
terms and conditions as set forth herein and that the City representatives recommend 10
the City Council that it adopt by resolution or resolutions said changes to the wagers,
hours, and conditions of employment.
WITNESSETH
WHEREAS, the Association is the exclusive representative of City employees in the
representation unit, titled Police Non-Sworn, comprised of all full-time non-sworn, non-
administrative, and non-management employees of the Police Department, City of
Tustin for the purpose of representation on issues of wages, hours, and other terrr~s
and conditions of employment and as such majority representative the Association is
empowered to act on behalf of all employees in the unit, whether or not they are
individually members of the Association.
ARTICLE 1. Representation
TPSSA is the exclusive representative of City employees in the representation unit, titled
Police Non-Sworn, comprised of all full-time non-sworn, non-administrative, and non-
management employees of the Police Department, City of Tustin for the purpose of
representation on issues of wages, hours, and other terms and conditions of employment
and as such exclusive representative the Association is empowered to act on behalf of all
employees in the unit, whether or not they are individually members of the Association.
ARTICLE 2. Represented Classes
The classifications that comprise the Police Non-Sworn Representation Unit are as foll~~ws:
Communications Officer I
Communications Officer II
Communications Officer Lead
Crime Analyst
Police Fleet Coordinator
Police Services Officer
Police Services Officer II
Police Services Officer III
Police Support Specialist
Police Support Specialist Records Lead
Property & Evidence Technician
Page 4 of 41
ARTICLE 3. Compensation
Unit employees are placed on a salary and wage schedule consisting of five steps or rates
of pay in each range with an approximate increment of 5% between steps.
Effective June 25, 2007, adjust all salaries 8 salary range points {approximately 2%) and
provide the following equity adjustments (salaries are listed in Appendix A}:
^ Increase the salary of the classification of Crime Analyst 12 salary range points
{approximately 3%)
^ Increase the salary of the classification of Police Fleet Coordinator 8 salary range
points (approximately 2%)
^ Increase the salary of the classification of Property & Evidence Technician 10
salary range points (approximately 2.5%)
^ Increase the salary of the classification of Communications Officer II 4 salary
range points (approximately 1 %)
^ Increase the salary of the classification of Lead Communications Officer 4 salary
range points (approximately 1 %}
^ Increase the salary of the classification of Police Service Officer f 4 salary range
points (approximately 1 %)
^ Increase the salary of the classification of Police Service Officer II 4 salary range
points (approximately 1 %)
^ Increase the salary of the classification of Police Service Officer III 4 salary range
points (approximately 1 %)
Effective December 24, 2007, adjust all salaries 10 salary range points (approximately
2.5%) (salaries are listed in Appendix B).
Effective June 23, 2008, adjust all salaries 10 salary range points (approximately 2.5%)
(salaries are listed in Appendix C).
Effective December 22, 2008, adjust all salaries 12 salary range points (approximately 3%)
(salaries are listed in Appendix D).
A. Resolution #88-103. SECTION 5. SALARY ADMINISTRATION, F. Salary in other
Instances, (2) Salary on Promotion, shall be amended to provide that upon a promotion the
employee shall receive a salary adjustment of at least 4.5%, provided that in no event shall
the promoted employee's salary exceed the maximum of the range of the class to which
he/she is promoted.
B. The preparation of the City's compensation plan, as related to those classifications
represented by TPSSA, as described in Section 4 of the City's Personnel Rules and
Regulations, shall be subject to the meet and confer process.
C. Unit employees shall be paid their earned salary on a bi-weekly basis.
Page 5 of 41
D. Any bargaining unit employees shall have as a salary review date the date upon
which he or she shall next be eligible for consideration of a merit step increase. However,
any approved leaves of absence exceeding fifteen (15) work days will result in the
establishment of a new review date. Such date shall be based on the existing salary
review date plus the number of calendar days of leave of absence in excess of fifteen (15)
work days. Salary adjustments such as normal increases and promotions shall be made at
the start of the pay period closest to the employee's salary review date unless otherwise
authorized by the Director of Human Resources.
E. All bargaining unit employees may be considered eligible for increases in :salary
according to the following:
1. The letters A, B, C, D, and E, respectively, denote the various progressive
steps in the pay range.
2. An employee shall be eligible to move from salary step "A" to salary step "B"
upon completion of six (6) months of employment where the employee has
demonstrated satisfactory performance.
3. An employee shall be eligible to move from salary step "B" to salary step "C"
and thereafter to each step through the final salary step in the employee's salary
range upon completion of one {1) year at the salary step where the employeE; has
demonstrated satisfactory performance.
4. For all employees eligible to advance between salary steps the Department
Head shall submit to the Human Resources Department a written evaluation and
recommendation to approve, delay, or deny the advancement. All advancements
between salary steps are subject to approval by the Director of Human Resources.
F. Salary on Demotion, Transferor Reassignment
1. A bargaining unit employee subject to an involuntary demotion shall have
his/her new salary set at the highest step closest to their current salary within the
range for the classification to which the employee is demoted, minus 4.5%. I n the
event the involuntary demotion occurs during a promotional probationary period, and
the employee returns to his/her prior classification, the employee shall have his/her
salary set at the same step earned prior to the promotion. Demoted employees shall
be eligible for their next merit increase at their next salary review date which existed
prior to the demotion.
2. A regular employee who is demoted shall not be required to serve a new
probationary period, with the exception that if an employee is demoted to a class in
which the employee has no previous experience, a probationary period of one (1 }
year will be required.
Page 6 of 41
3. An employee who is transferred shall continue to receive the same salary rate
and his/her salary review date shall not change.
4. When the salary range of a classification is adjusted, the salary of each
incumbent shall be moved to the step with the closest corresponding hourly rate in
the new range and the salary review date shall not change.
G. The Police Services Officers' career ladder program is discussed in Appendix E.
ARTICLE 4. Payroll Deductions
Deductions of authorized amounts may be made from employee's pay for the following
purposes:
A. Withholding tax;
B. Contributions to retirement benefits;
C. Contribution to survivors benefits;
D. Payment of life insurance and accidental death and dismemberment insurance
premiums;
E. Payment of non-industrial disability insurance premium;
F. Payment of hospitalization and major medical insurance premium;
G. Payment to a City dependent care or medical care reimbursement account
pursuant to the IRC Section 125;
H. Payment of supplemental insurance premium;
I. Payment to or savings in a Credit Union or Bank;
J. Contributions to United Way, Community Health Charities or other designated
charity organizations;
K. All authorized deductions to TPSSA;
L. Purchase of United States Savings Bonds;
M. Payment for non-return of uniforms and/or equipment issued;
N. Other purposes as may be authorized by the City;
O. Deferred Compensation.
ARTICLE 5. Probationary Period
Each bargaining unit employee shall be subject to an original and promotional probationary
period of one (1 }year with the exception of the classification of Communications Officer I,
which shall have a probationary period of eighteen (18) months. The Department Head
may recommend to the Director of Human Resources to extend the probationary period of
any unit employee for a period not to exceed ninety (90) days.
A unit employee rejected during a promotional probationary period shall be reinstated to the
position and status from which promoted unless the employee is being discharged for
cause. Employees being disciplined for cause during a promotional probationary period
shall have the right of appeal using the existing disciplinary appeals procedure.
Page 7 of 41
Any leave of absence without pay exceeding fifteen (15) work days may causes the
employee's probationary period to be extended by the number of work days of such leave
that are in excess of fifteen (15) days.
ARTICLE 6. Uniforms
The City will provide a uniform maintenance allowance of two-hundred and fifty dollars
($250.00) annually for those full-time employees required by the City to wear uniforms.
ARTICLE 7, Bilins~ual Compensation
The City shall pay one hundred dollars ($100.00) per pay period to full-time employees in
City designated positions who can demonstrate a skit! in Spanish at the conversational
level, or in another language which the City Manager has approved as being needed for
City business. Should a conflict arise regarding designation of an employeE: for
compensation, proficiency and need shall determine who is eligible. Management will
determine where and when the need is greatest, and management will devise and
administer a testing vehicle to determine degrees of proficiency.
ARTICLE 8. Retirement
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.
Employees serving in a classification covered by this agreement participate in the CaIPERS
2% @ 55 Supplemental or Modified Formula for Local Miscellaneous Members which
includes one-year final compensation (final compensation calculated using the last, or
highest, twelve consecutive monthly pay rates} and the 3rd level of 1959 Survivor Benefits.
For employees covered under this agreement the City shall pay, on behalf of the employee,
the seven percent (7%) employee contribution to CaIPERS. Employees serving in a
classification covered by this agreement shall have a vested right to receive all of the
retirement benefits entitled them as of the effective date of this agreement.
The employee is required to pay the cost of the employee share of 3rd Level, 1959 Survivor
Benefits Premium.
ARTICLE 9. Social Security
In the event the City and its employees are required to participate in the Federal Social
Security Program, the contributions designated by law to be the responsibility of the
employee shall be paid in full by the employee and the City shall not be obligated to pay or
"pick up" any portion thereof.
Page 8 of 41
ARTICLE 10. overtime Compensation
All full-time represented employees shall receive premium compensation of time and one-
half for all approved overtime hours worked in excess of:
(1) Regularly scheduled hours per shift, or
(2) Forty (40) hours worked in a seven (7) day work period.
General Leave, Compensatory Time and Holiday Hours shall be included within the above
hours for eligibility, provided however, that standby time shall not be considered in
determining entitlement to premium compensation.
ARTICLE 11. Employee Life Insurance
The City will provide a life insurance policy for each full-time unit member. The City will pay
policy premiums for the policy with a death benefit that shall be the greater of $50,000 or
one hundred percent (100%) of the employees base annual salary rounded to the nearest
multiple of $1,000.
ARTICLE 12. Flexible Benefits Plan
The City has established a Flexible Benefits Pian as follows:
A. Effective December 24, 2007, the Flexible Benefits Contribution per month per
eligible employee shall be:
Employee Only Employee + 1 Employee + 2 or more
$500 $750 $950
A. Effective December 22, 2008, the Flexible Benefits Contribution per month per
eligible employee shall be:
Employee Only Employee + 1 Employee + 2 or more
$550 $800 $1000
C. Full-time employees who do not take medical insurance through the program offered
by the City shall receive $300 per month in lieu of the flexible benefits contribution. As a
condition of receiving such amount, the employee must provide evidence, satisfactory to
the City, that he/she has medical and dental insurance coverage comparable to coverage
available through the City program.
D. The Flexible Benefits Contribution consists of mandatory and discretionary
allocations which may be applied to City sponsored programs. Employees are required to
take employee only medical and dental insurance (employees may opt out pursuant to
Page 9 of 41
evidence of satisfactory coverage) with premiums to be paid out of their contribution. The
City's Flexible Benefits Contribution includes the City's required payment to the CaIPERS
Health Insurance Program (PEMHCA). For 2007, the City's payment towards employee
health insurance is $80.80. For 2008, the City's payment toward employee health
insurance is $97.00. Employees may allocate the remaining amount among the following
programs:
1. Medical insurance offered under the Public Employees' Medical and Hospital
Care Act (PEMHCA) Program
2. Dependent Dental Insurance
3. Additional Life Insurance
4. Vision Insurance
5. Deferred Compensation
6. Section 125 Flexible Spending Account for Dependent or Medical Care
Reimbursement Programs
7. Eligible Catastrophic Care Programs
8. 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.
D. Section 125 Program
The Section 125 Program will be continued in full force and effect for the duration of this
agreement unless changed by mutual agreement of the City and Association. The City
retains the right to change administrators for cause.
ARTICLE 13. Consolidated Omnibus Budget Reconciliation Act of 1985
Employees who remain on a City health, dental or other insurance plan following separation
from employment pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA) may be charged the maximum rate permissible by law for such coverage (presently
102% of the premium for an active employee).
ARTICLE 14. Retiree's Health Insurance
The City will contribute a maximum of $250.00 per month towards the payment of medical
insurance premiums for full-time employees who have five (5) years of continuous City
service and at the time of leaving City service, retire with a CaIPERS pension. Such
contribution includes any required contribution made for eligible retirees under the
CaIPERS Public Employees' Medical and Hospital Care Act Program.
Page 10 of 41
ARTICLE 15. Bereavement Leave
The City will allow up to five (5) days with pay for the purpose of bereavement leave for all
full-time unit employees in the event of a death in the immediate family. "Immediate family"
shall be defined as including spouse, registered domestic partner, mother, stepmother,
father, stepfather, brother, sister, child, stepchild, grandparent, or grandchild of the
employee or the employees' spouse/registered domestic partner.
ARTICLE 16. Attendance
All bargaining unit employees shall be in attendance at work in accordance with the City's
and/or Department's rules regarding hours of work, holidays, and leaves.
Any employee who is absent from duty shall report the reason for such absence to the
Department Head or his/her immediate supervisor prior to the absence as far in advance as
possible and in no case later than two (2) hours before the beginning of the employee's
scheduled work shift. Absences not reported in such a manner may be considered
absence without authorized leave. A deduction of pay may be made for the duration of any
absence without authorized leave. Upon return to work, such absence shall be justified to
the Department Head who shall consider the need for disciplinary action or to approve the
absence as unavoidable and allow the employee to make up the lost time or cover it with
General Leave.
Absence without leave and without reasonable cause to report to work for three (3)
consecutive scheduled work days may be cause for immediate discharge.
Continuous service for advancement within a salary range shall be considered interrupted if
the employee experiences a leave of absence without pay in excess of fifteen (15) work
days. 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 17. Holidays
The following days shall be holidays for which full-time regular and probationary
employees, in permanent positions, will receive compensation either in pay or paid time off.
January 1
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day following Thanksgiving Day
December 24
December 25
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
Page 11 of 41
December 31 New Year's Eve
A. When a holiday falls on a Sunday, the following Monday will be observed
instead. When a holiday falls on a Saturday, the preceding Friday will be observed
instead. For each holiday, full-time regular and probationary personnel on shifts will
receive nine (9) hours of General- Leave for each day or equivalent pay, whichever, in
the judgment of the Personnel Officer, best serves the interest of the City. Full-time
regular and probationary personnel not assigned to shifts will receive paid time off;
nine (9) hours for a day. If a non-shift employee's scheduled day off falls on the day of
the holiday, he/she shall receive nine (9) hours of pay for each day.
If the number of hours paid on a holiday is less than the hours that would be paid if the
employee worked his/her regular shift, credited compensatory time or General Leave
will be used to ensure that hours paid will be equal to what the employee would
receive for his/her regular shift.
B. In December of each year, each full-time regular and promotional probationary
employee may request Advance Holiday Pay, a cash out of the employee's holiday
credit for the following year in lieu of having time off. The employee must have
General Leave accrued in an amount equivalent to the holiday cash out requested to
be eligible for full payment of the Advance Holiday Pay in January. In the event the
employee does not have the required hours in his/her General Leave bank, pursuant
to the City's leave report for pay period 25 of each year, the Advance Holiday Pay
shall be made in January (January -September holidays) and October (October -
December holidays) of each year.
C. The Advance Holiday Pay request may only be for (1) all cash, (2) all General
Leave, or (3) half cash/half General Leave. The employee request shall be in writing
and is irrevocable. In the event that an employee separates from service and has
used and/or been paid for holidays in excess of the pro-rata earned hours per month,
the overage shall be deducted from his/her final check.
D. In the event an employee is on leave, or is not otherwise eligible to receive a paid
holiday, and has received Advance Holiday Pay, the City shall reduce the employees'
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).
ARTICLE 18. General Leave
General Leave with pay shall be granted to each full-time regular and probationary
employee at the rate listed below per year, prorated on a bi-weekly basis for each bi-weekly
pay period in which the employee works more than half time.
Periods of Service General Leave Hours Per Year
0-5 years 160
Page 12 of 41
6-10 years 208
Over 10 years 248
A. Each calendar year employees may accumulate General Leave to a maximum of
two and one-half times (2.5) the employee's annual accrual entitlement. Upon
reaching the maximum General Leave accrual (2.5 times the employees' annual
accrual amount) the General Leave accrual shall cease. Upon separation from the
City service the employee will be paid for unused General Leave, not to exceed the
maximum of two and one-half (2.5) years entitlement, at the employee's then current
base salary rate.
B. Pay in lieu of General Leave, up to accrual limits, will be granted upon termination
of City employment or upon a finding of hardship by the City Manager.
C. The use of General Leave for reason other than non-job related illness or injury
must be approved by the Department Head and due regard shall be given to the
employee's preference in scheduling such paid leave time.
D. Beginning October 2008, regular and promotional probationary employees may
request to be paid for a maximum of twenty (20) hours of accrued General Leave each
year. Employee requests will be granted provided the employee has at least one-half
(1/2) of their maximum accrual of General Leave in their accrual bank. General Leave
cash out will be paid annually in the first pay period in November.
ARTICLE 19. Other Leaves
A. Jury Duty Leave -All full-time bargaining unit employees on jury duty leave will
receive their full City salary (for days served on during their regular work
day/schedule). The employee will turn over to the City all amounts payable to the
employee by the courts for jury duty except for mileage and subsistence
reimbursement.
B. Industrial Disability Leave -All full-time bargaining unit employees who are unable
to perform the essential functions of their classification and assignment by reason of
job-related injury or illness as allowed by the Workers' Compensation laws of the State
of California shall be paid:
1. Full salary and benefits to a maximum of three (3) months if they have less
than three (3) full years of City service.
2. Full salary and benefits to a maximum of six (6) months if they have three (3)
or more full years of City service.
3. All other benefits as prescribed under the Workers' Compensation laws of the
State of California.
4. Benefits will be terminated upon any of the following:
Page 13 of 41
a) Employee returns to duty.
b) Temporary disability payments are terminated by means of an agreed
settlement or permanent disability rating.
c) Employee retires from City service.
d) Whichever occurs first.
ARTICLE 20. LTD Leave of Absence and STD/LTD Program
A full-time employee, who has satisfied his/her initial probationary period, and who is
receiving Long Term Disability (LTD) benefits under the City's program will be granted a
leave of absence without pay for the duration of his/her disability subject to a maximum
period of one (1) year. Employees remaining on long term disability benefits longer than
one year may receive a leave extension of up to an additional six (6) months with City
Council approval.
An employee on leave pursuant to this section shall be reinstated to his/her position held
immediately prior to the disability leave, provided said position has not been eliminated due
to a reduction in force, pursuant to receiving a release to return to unrestricted and
unmodified duty by the employee's attending physician.
Nothing contained in this Article is intended to conflict with or waive employee rights under
State or Federal law including the Americans with Disabilities Act.
Short-term/Long-term Disability (STD/LTD) Program
A. The City shall maintain a shortJlong term disability (STD/LTD) program providing
eligible full-time employees a benefit of 60% of base salary pre-disability earnings after
a 30 calendar day waiting period. Eligibility for benefits is subject to the STD/LTD
carrier.
B. All full-time unit employees are required to participate in the program; currently
premiums are deducted from the employee's pay on an after-tax basis.
C. In the event an illness or injury is anticipated to exceed 30 calendar days, and such
illness/injury is not covered by other provisions of the City's Personnel Rules,
Regulations and/or other policies, the employee is first required to utilize 80 consecutive
hours of his/her General Leave or compensatory time during the 30 calendar day
elimination 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.
D. The balance of the 30 days (30 day elimination period) shall be paid by the City at
the rate of 60% of the employees base salary pre-disability earnings. This City payment
is taxable income. The employee may supplement this City payment with General
Page 14 of 41
Leave or other available leave to enable him/her to receive an amount equivalent to no
more than 100% of his/her pre-disability earnings.
E. In the event the employee is eligible for FMLA, such leave and any benefits/payment
provided hereunder shall not be in addition to other provisions of this Resolution or the
City's Personnel Rules, Regulations and/or other policies.
F. In the event a new (employed less than 12 months) full-time employee is not eligible
for FMLA, the City will provide the employee the same flexible medical benefits as
provided while working for a period not to exceed 90 days.
G. Once the employee is on leave without pay, or the first 80 hours of leave has passed
(whichever occurs first), no general or other leave shall accrue to the employee.
H. The employee may supplement the STD/LTD carrier's payment with General Leave
or other available leave to enable him/her to receive an amount equivalent to no more
than 100% of his/her pre-disability earnings.
I. The employee is responsible for all benefit elections and payments during his/her
leave unless he/she is eligible to opt out of such elections and chooses to do so. The
employee will be provided a form to make such elections. In the event the employee
elects to continue his/her benefit elections, the employee is required to make timely
payment to the City for such elections (including the cost of the STD/LTD program). In
the event timely payment is not made, the City is authorized to reduce the employee's
General Leave and/or other leave accounts, in an amount equivalent to the premiums
owed by the employee. In the event no general or other leave is available, the City is
authorized to cancel the employee's coverage.
J. In the event the employee, pursuant to a Workers' Compensation injury/illness, has
previously received payment by the City, under the terms of a settlement, for the same
illness/injury, the employee shall not be entitled to paid leave or continued benefits
under sub-section "D".
ARTICLE 21. Compensatory Time
Full-time employees will be paid for all compensatory time in December of each year
provided that an employee may retain a maximum of forty (40) hours in his/her account if
notice of such desired retention is submitted to the City.
The time during which an employee may take compensatory time shall be subject to
approval by the appointing authority or designee with due regard for the wishes of the
employee and for needs of the service. Should this provision be found invalid by an
arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of
compensatory time shall cease and all accrued compensatory time shall be paid at the
employee's current straight time rate.
Page 15 of 41
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time at his/her straight time hourly base rate.
ARTICLE 22. Rest Periods
Unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours
of their work shift. Employees are encouraged to take their rest breaks. In the event an
employee is unable to take his/her break(s), and is re uired to work through his/her
breaks(s), the employee shall confirm the necessity of working through his/her break(s)
with the immediate supervisor who shall then authorize equivalent compensation for the
break(s) missed. The employee shall complete his/her timecard and all necessary
paperwork so that the employee receives the additional compensation, which was
approved by the immediate supervisor who confirmed the necessity of working through the
breaks}.
No employee shall be intimidated, coerced, or discriminated against for exercising his/her
entitlement to rest periods or for seeking direction from the immediate supervisor on
working through rest breaks(s).
ARTICLE 23. Leaves of Absence
Resolution #88-103 will be amended to provide that needs of the employee will be
considered in the granting of leaves of absence and employees may request a leave of
absence without pay to serve as a volunteer for a certified relief organization.
ARTICLE 24. Stand-by Duty
Employees assigned to stand-by duty shall be compensated at the rate of one {1) hour of
straight-time compensation for each eight (8) hours of such duty. Such compensation on
Holidays shall be at the rate of two (2) hours of straight-time compensation for each eight
(8) hours of stand-by duty.
Stand-by 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.
If a scheduled stand-by is canceled and the employee is not advised of the cancellation
before 6:00 p.m. on the day prior to the subpoena date, the employee shall receive two (2)
hours of stand-by pay. A reasonable effort by the employer (e.g. phone call) to notify the
employee prior to 6:00 p.m. on the day prior will negate the two (2) hours of stand-by pay.
Employees who are scheduled for stand-by 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.
Page 16 of 41
ARTICLE 25. Call Back Duty
Employees shall receive a minimum of two (2} hours of overtime compensation (time and
one-half) for any call which requires them to return to duty.
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 and related
Council Policy statements:
A. Department Head and Director of Human Resources approval must be obtained
before enrollment in the course.
B. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies
upon completion of the course with a satisfactory grade (a "C or above" or
"Pass") and after the completion of the initial probationary period.
C. Tuition reimbursement shall not be made if the employee is drawing veteran's
education benefits or any other reimbursement for the same courses.
D. Reimbursement .for up to seven hundred and fifty dollars ($750.00} each
calendar year if the employee is attending a community college or one thousand
five hundred dollars ($1,500.00) each calendar year if the employee is attending
a four year college or university will be paid upon receipt by the Human
Resources Department of proof of successful completion of the course and proof
that payment of fees has been made. If an employee attends both a community
college and four year college or university in a calendar year the maximum
reimbursement shall be one thousand dollars ($1000.00}.
ARTICLE 27. Work Schedules
Unit employees may be assigned the following work schedules:
A. 9/80 work schedule -the designated FLSA work week will be from four (4)
hours into the work hours on the same day of the week as their off/flex day
to the same time the following week. The flex/off day is the same day
every other week.
B. 3/12.5 work schedule -the designated FLSA work week will be from two
and one-half hours (2'/z) into the work hours on the five (5) hour workday
and the five (5) hour workday will be the same day every other week.
C. 4/10 work schedule -the designated FLSA work week will begin and end
at the same time each week.
Page 17 of 41
Continuation of the work schedules is subject to the needs of the City
provided that if a 4110 or 3/12.5 work schedule is discontinued, affected
employees will be placed on the 9/80 work schedule.
Employees may be assigned to attend training on days other than their
regularly scheduled work days/shifts.
ARTICLE 28. Shift Differential
Any full-time unit employee assigned on a regular basis (ten (10) or more continuous
working days) to a shift that requires the employee to work hours after 8:00 p.m. shall
receive a shift differential of seventy-five dollars ($75.00) per pay period. The right to assign
and/or reassign an individual to a particular shift is the sole prerogative of the City. Any
such assignment and/or reassignment shall not be subject to the grievance and/or
discipline appeals process.
ARTICLE 29. Acting Pay
A full-time employee assigned to work in a classification paid more than the classification
he/she holds will receive a pay rate which is at least 4.5% higher than the rate he/she is
normally paid. This rate will be paid after the employee has been in the assignment for
thirty (30) consecutive calendar days. In no event shall the acting pay rate exceed the
highest step in the range in which the employee is acting nor shall the acting pay be less
than then the lowest step of the of the range in which the employee is acting.
ARTICLE 30. Lunch Break
An employee required to work through his/her lunch break shall complete his/her timecard
and all necessary paperwork so that the employee receives the appropriate pay for time
worked pursuant to the Fair Labor Standards Act.
Any employee required to monitor a radio or telephone during his/her lunch break shall be
considered on paid status during the lunch break and sha11 be paid for said time.
No employee shall be restricted to any specific area or location during anon-paid lunch
break. Interruption of the employee's non-paid lunch break shall require payment for the
full lunch break or the granting of an additional thirty (30) minute non-paid lunch break
during the work shift.
No employee shall be intimidated, coerced, or discriminated against for exercising his/her
entitlement to lunch breaks as provided for in this Article.
ARTICLE 31. Paid Lunch
A unit employee in the classification of Communications Officer, Police Support Specialist
or Police Services Officer (only those uniformed individuals regularly scheduled to the
Page 18 of 41
Records Section or patrol field are eligible), AND who is assigned to work a 3/12.5 work
schedule, shall be entitled to receive compensation for a lunch break period not to exceed
30 minutes. This will result in compensation equaling 12.5 hours per assigned shift.
This benefit is provided due to the nature of the work performed in these specific affected
classifications and the requirement that these employees be present in the police facility
and at their workstations.
In the event an employee requests a lunch period free from recall status, such a break may
be approved by the on-duty supervisor with consideration to workload and deployment, and
the employee shall submit a General Leave request for the approved time away from the
workstation.
ARTICLE 32. Trainin Pa
A full-time Communications Officer II, Police Services Officer II, or Police Services Officer
III assigned to train a Communications Officer, Police Support Specialist, Property and
Evidence Technician and/or a Police Services Officer I/ll, shall receive, in addition to their
regular compensation, training pay (during the time assigned to train) at the rate of $50.00
per pay period. This pay will be designated on the employees' timecard on the pay period
when the training occurs.
A full-time Communications Officer II assigned to train shall be paid a 5% premium while
training. The beginning and ending dates for this pay will be designated by the completion
of a Personnel Action form (PAF).
The City has the absolute discretion regarding the assignment and reassignment of
employees as a trainer. Any such assignment is not vested and may be revoked at any
time without cause and without any right to challenge such action pursuant to the City's
grievance appeal procedure.
It is the responsibility of an employee in a lead classification to provide leadership and
training without additional compensation.
ARTICLE 33. Part-Time Benefited Employees
There are three (3} individuals in TPSSA classifications that are budgeted as part-time
benefited positions in the following classifications: (1) Police Support Specialist (2)
Police Services Officer i. As each of these individuals vacates the current position, and
the City replaces the position, the position will be replaced with apart-time non
benefited, unrepresented employee and will not be subject to representation or benefits
afforded to TPSSA members. All other part-time employees working in the Police
Department are unrepresented and do not receive benefits.
Part-time benefited employees are at-will and must maintain a minimum of 20 hours per
work week in order to receive the following benefits:
Page 19 of 41
Retirement
These three (3) individuals are eligible for participation in the CaIPERS retirement program.
The City shall continue to "pick up" and pay on behalf of each employee the employee's
required contribution to the California Public Employees Retirement System (CaIPERS) in
an amount equal to seven percent (7%) of the employee's "compensation earnable".
Employees serving in a classification covered by this agreement shall have a vested right
to receive all of the retirement benefits entitled them as of the effective date of this
agreement. Employees serving in a classification covered by this agreement participate in
the CaIPERS 2% @ 55 Supplemental or Modified Formula for Local Miscellaneous
Members which includes one-year final compensation {final compensation calculated using
the last, or highest, twelve consecutive monthly pay rates) and the 3rd level of 1959
Survivor Benefits.
The employee is required to pay the cost of the employee share of 3~d Level, 1959 Survivor
Benefits Premium.
Overtime
Part-time benefited employees shall receive overtime compensation of time and one-
half for all approved overtime hours worked in excess of 40 hours worked in their seven
(7) day work week. General Leave shall be included within the above hours for
eligibility.
Employee Life Insurance
The City will provide a life insurance policy for each part-time benefited employee. The City
will pay policy premiums for the policy with a death benefit that shall be the greater of
$25,000 or one hundred percent (100%) of the employees base annual salary rounded to
the nearest multiple of $1,000.
Flexible Benefits Plan
The City has established a Flexible Benefits Plan as follows:
A. The Flexible Benefits Contribution shall be one-half (1/2) the Flexible Benefit
Contribution provided to full-time employees in this unit.
B. Employees who do not take medical insurance through the program offered by the
City shall receive $150 per month in lieu of the Flexible Benefits Contribution. As a
condition of receiving such amount, the employee must provide evidence,
satisfactory to the City, that he/she has medical and dental insurance coverage
comparable to coverage available through the City program.
C. The Flexible Benefits Contribution consists of mandatory and discretionary
allocations which may be applied to City sponsored programs. Employees are
Page 20 of 41
required to take employee only medical and dental insurance (employees may opt
out pursuant to evidence of satisfactory coverage) with premiums to be paid out of
their contribution. The City's Flexible Benefits Contribution includes the City's
required payment to the CaIPERS Health Insurance Program. For 2007, the City's
payment towards employee health insurance is $80.80. For 2008, the City's
payment toward employee health insurance is $97.00. Employees may allocate the
remaining amount among the following programs:
1. Medical insurance offered under the Public Employees' Medical and Hospital
Care Act (PEMHCA} Program
2. Dependent Dental Insurance
3. Additional Life Insurance
4. Vision Insurance
5. Deferred Compensation
6. Section 125 Flexible Spending Account for Dependent or Medical Care
Reimbursement Programs
7. Eligible Catastrophic Care Programs
8. 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.
D. Section 125 Program
The Section 125 Program will be continued in full force and effect for the duration of this
agreement unless changed by mutual agreement of the City and Association. The City
retains the right to change administrators for cause.
Bereavement Leave
City will allow up to three days (3) with pay for the purpose of bereavement leave for all
unit employees in the event of a death in the immediate family. "Immediate family" shall
be defined as including spouse, registered domestic partner, mother, stepmother,
father, stepfather, brother, sister, child, stepchild, grandparent, or grandchild of the
employee or the employee's spouse/registered domestic partner.
Holidays
Part-time benefited employees receive up to nine (9) hours of holiday pay when one of
the City's designated holidays falls on their regularly scheduled work day.
General Leave
Page 21 of 41
General Leave with pay will be granted to part-time benefited employees, pro-rated on a
bi-weekly basis for each bi-weekly pay period in which the employee works 20 hours
per work week as follows:
Periods of Service
0-5 years
6-10 years
Over 10 years
General Leave Hours per Year
80
104
124
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. Part-time benefited employees shall
be eligible for tuition reimbursement of eligible expenses by the City for professional and
technical courses subject to the following conditions and related Council Policy statements:
A. Department Head and Director of Human Resources approval must be obtained before
enrollment in the course.
B. Reimbursement shall be for tuition fees, textbooks, lab fees, or required supplies upon
completion of the course with a satisfactory grade (a "C or above" or "Pass"} and after
the completion of the initial probationary period.
C. Tuition reimbursement shall not be made if the employee is drawing veteran's education
benefits or any other reimbursement for the same courses.
D. Reimbursement for up to seven hundred and seventy-five dollars ($375.00) each
calendar year if the employee is attending a community college or seven hundred and
fifty dollars ($750.00) each calendar year if the employee is attending a four year
college or university will be paid upon receipt by the Human Resources Department of
proof of successful completion of the course and proof that payment of fees has been
made. If an employee attends both a community college and four year college or
university in a calendar year the maximum reimbursement shall be five hundred dollars
($500.00).
Work Schedules
The Department will assign part-time benefited employees to any work schedule that
meets the needs of the Department.
ARTICLE 34. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation
results in the denial of a merit increase. Nothing herein shall restrict an employee from
having a written rebuttal attached to a performance evaluation with which the employee
disagrees.
Page 22 of 41
ARTICLE 35. Appeals and Hearings
PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS
A. Pre-disciplinary Hearings
A full-time employee who has attained a regular appointment shall have the right to
a pre-disciplinary hearing before his/her Department Head or designee whenever
the employee may be subject to a demotion, non-emergency suspension, or non-
emergency dismissal. In the event of an emergency suspension or dismissal a
hearing will be conducted by the Department Head or designee as soon as
practicable after the action has been taken.
B. Procedure for Pre-disciplinary Hearings
Notice of a proposed disciplinary action shall be provided to the employee including
a statement of the proposed action, the reasons therefore, and a copy of the
charges and materials upon which the action is based. The employee shall have ten
(10) days to respond orally, in writing, or both to the charges. Within ten (10) days of
the employee's response, he/she will be advised in writing of the City's decision. If
the disciplinary action is upheld, the employee will receive a Notice of Disciplinary
Action stating the action taken, the reasons therefore, and the employee's right to
appeal.
C. Post-Discipline Appeal
Within ten (10) days after receiving the Notice of Disciplinary Action the employee
may appeal the action in writing to the City Manager.
D. Effective Date of Disciplinary Action
The availability of appeal rights or the filing of an appeal shall not be interpreted as
staying the effective date of a disciplinary action stated in the Notice of Disciplinary
Action. In the event of a termination, the employee shall cease to be an employee of
the City on the effective date of the termination.
E. Calendar Days
Unless otherwise indicated, "day or days" when used in this section shall be
calendar day(s).
APPEALS PROCEDURE
A. If a timely appeal is filed as provided in the GRIEVANCE PROCEDURE or PRE-
DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS the City Manager may
hear the appeal or appoint any City management/supervisory employee or arbiter to
Page 23 of 41
hear the appeal.
B. An "arbiter" is a person with experience acting as a hearing officer on public
employment issues. Any hearing conducted by an arbiter shall not be considered an
arbitration as defined in Civil Code Section 1281.6.
C. In the event that the employee organization requests that an arbiter hear the appeal,
such a request will be honored provided the request is made within the ten (10) days
after receiving the notice of disciplinary action. The arbiter shall be chosen from a
list provided by the State Mediation and Conciliation Services through a process
where the employee organization and the employer strikes the name of an arbitrator
until only one name remains.
D. If the appeal is heard by anyone other than the City Manager, the hearing officer
shall submit a written report outlining his/her findings, conclusions, and
recommendations to the City Manager.
E. Within ten {10} days of the receipt of the hearing officer's report or the conclusion of
the hearing if it was conducted by the City Manager or his/her City appointee the
City Manager shall provide his/her written decision to the employee.
HEARINGS
A. Where practicable, the date of the hearing shall not be less than twenty (20) days,
nor more than sixty (60) days, from the date of the filing of the appeal with the City
Manager provided that the parties may agree to a longer or shorter period of time.
B. All hearings involving disciplinary action against an employee shall be closed to the
public unless the affected employee requests that the hearing be open to the public.
C. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of
evidence on which reasonable persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory rule,
which might make improper admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence but shall not be sufficient in itself to support a finding
unless it would be admissible over objection in civil actions. The rules of privilege
shall be effective to the same extent that they are now or hereafter may be
recognized in civil and criminal actions, and irrelevant and unduly repetitious
evidence shall be excluded. The hearing officer shall not be bound by technical rules
of evidence. The hearing officer shall rule on the admission and exclusion of
evidence.
D. Each party shall have these rights: To be represented by legal counsel or other
person of his/her choice; to call and examine witnesses; to introduce evidence; to
Page 24 of 41
cross-examine opposing witnesses; to impeach any witness regardless of which
party first called him/her to testify; and to rebut the evidence against him/her. If the
respondent does not testify on her/his own behalf, he/she may be called and
examined as if under cross-examination. Oral evidence shall be taken only on oath
or affirmation. Upon the mutual agreement of the parties a court reporter will be
engaged to record the hearing, provided that either party may engage a reporter with
the understanding that there will be no cost to the other party.
E. The hearing shall proceed in the following order, unless the hearing officer, for
special reasons, otherwise directs:
(1) Opening statements shall be permitted with the complainant proceeding first.
(2) In the presentation of cases, the party bearing the burden of proof shall make
the first presentation. If witnesses are called, the opposing party shall have
the right to cross-examine the witnesses on any matter relevant to the issues,
even though that matter was not covered on direct examination.
(3) The parties may then, in order, respectively offer rebutting evidence only,
unless the hearing officer for good reason permits them to offer evidence
upon their original case.
(4) Closing arguments and written briefs shall be permitted.
(5) The hearing officer shall determine the relevancy, weight, and credibility of
testimony and evidence. He/she shall base his/her findings on the
preponderance of evidence. During the examination of a witness, all other
witnesses, except the parties, shall be excluded from the hearing unless the
hearing officer, for good cause, otherwise directs. No still photographs,
moving pictures, or television pictures shall be taken in the hearing chamber
during a hearing. The hearing officer, prior to or during a hearing, may grant
a continuance for any reason he/she believes to be important to reaching a
fair and proper decision.
(6) The hearing officer shall have no authority to amend, alter, or modify a
Memorandum of Understanding or any sections of the City Personnel Rules
and Regulations and shall limit his/her recommendations to the interpretation
and application of the Memorandum of Understanding(s), agreement at issue
and/or the City Personnel Rules and Regulations.
(7) In appeals from disciplinary actions the hearing officer may recommend
sustaining, rejecting or modifying the disciplinary action provided that s/he
may not recommend discipline more stringent than that invoked by the City.
F. The hearing officer's findings, conclusion and recommendations shall be filed with
the City Manager, with a copy sent to the appellant and the Personnel Officer. The
Page 25 of 41
City Manager, in his/her sole discretion, may hear limited oral arguments and/or
request written statements from either party on the hearing officer's findings,
conclusions, and recommendations. The City Manager shall inform the appellant of
his/her decision regarding the appeal within ten (10) days of the conclusion of the
hearing or if the appeal is heard by a hearing officer other than the City Manager,
within ten (10) days of the receipt of the hearing officer's report. The decision of the
City Manager regarding the appeal shall be the final step in the administrative
appeal process. However, any disciplinary action is deemed final as of the effective
date. Copies of the City Manager's decision, including the hearing officer's report
shall be filed where appropriate, including the employee's personnel file.
G. If the employee organization requests that an arbiter be appointed to hear the
appeal the organization shall pay the cost of the hearing up to a maximum of
$1,000.00; any excess cost will be shared equally by the City and organization. If
either party orders a transcript for their review, the requesting party shall bear the
cost of the transcript. If either party unilaterally cancels or postpones a scheduled
hearing thereby resulting in a fee charged by the arbiter or court reporter, the party
responsible for the cancellation or postponement shall be solely responsible for
payment of the fee. The arbiter shall submit his/her bills for services to the party,
which is obligated to pay them pursuant to this section.
H. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at
the request of either party, not less than ten (10) days prior to the commencement of
the hearing; after commencement, subpoenas shall be issued only at the discretion
of the hearing officer.
I. The time limits specified at any step in this procedure may be extended or reduced
by written agreement of the grievant and an authorized management representative.
ARTICLE 36. Grievance Procedure
These procedures are established to provide for the resolution of grievances of unit
employees.
LIMITATIONS
The procedures set forth in this Section shall apply to all grievances involving unit
employees. Excluded from this procedure are grievances related to:
1. The amendment or change of City Council resolutions, ordinances or minute orders,
which do not involve provisions of a Memorandum of Understanding (MOU),
Personnel Rules and Regulations, or other agreements between the City and
employee organization.
2. Position classification.
Page 26 of 41
DEFINITIONS
1. Grievance: An expressed claim that there has been a violation, misinterpretation, or
misapplication of a provision of the Personnel Rules and Regulations or
Memorandum of Understanding, or a violation or potential violation of state or
federal law.
2. Grievant: An employee who is alleging a violation, misinterpretation or
misapplication of a provision of the Personnel Rules and Regulations, an agreement
between the City and employee organization, Memorandum of Understanding or
violation or potential violation of state or federal law.
3. Grievance Procedure: The process by which the validity of a grievance is
determined and resolution effected.
4. Unless otherwise indicated, "day or days" when used in this section shall be
calendar day{s).
PROCEDURE
Step 1.
The grievant shall file his/her grievance within ten (10) days after the grievant knew, or in
the exercise of reasonable diligence should have known, of the events giving rise to the
grievance. The grievant shall state the facts necessary to an understanding of the issues
involved; refrain from including any unrelated charges; cite the sections of the City
resolutions, agreement, memorandum of understanding or rules alleged to have been
violated and the remedy sought.
The grievant shall submit the grievance form to his/her immediate supervisor, provided that
if the employee suspects or has proof that a federal or state law is being violated or is
about to be violated he may file the grievance at Step 2 of this procedure. Within ten (10)
days of receipt of the form, the supervisor shall inform the grievant of his/her decision.
Grievances submitted by employee organization representatives that involve issues
potentially impacting the organization's rights or membership as a whole shall be filed at
Step 3.
Step 2.
If the grievance is not satisfactorily resolved in Step 1, the grievant may, within ten (10)
calendar days after receipt of the supervisor's response, submit the grievance to his/her
Department Head. After receipt of the grievance, the Department Head will meet with the
grievant and make such investigation as is required. Within ten (10) days of his/her meeting
with the grievant, the Department Head shall inform the grievant of his/her decision.
Step 3.
Page 27 of 41
If the grievance is not satisfactorily resolved in Step 2, or in the case of employee
organization grievances, the grievant may submit the grievance to the City Manager.
Employee grievances are to be submitted within ten (10) days of receipt of the Department
Head's decision. Such submittal shall include the original of the grievance form and a
written statement of any issues that are in dispute. The City Manager has the sole
discretion to hear the grievance him/herself or appoint any City management/supervisory
employee (except the employee's Department Head), or an arbiter, as defined in the
Hearing and Appeals Procedures, to hear the grievance and submit a recommendation as
to resolution of the grievance. Upon the request of the employee organization that an
arbiter hear the grievance the City Manager shall honor the request with the grievance then
being treated as an appeal to be processed in accordance with the Hearing and Appeals
Procedures.
GENERAL PROVISIONS
1. Prior to filing a grievance, the potential grievant shall discuss the issues of concern
with the person or organization representative suspected as having violated
provisions of the Personnel Rules and Regulations or Memorandum of
Understanding. Upon a showing of good cause to the Director of Human Resources,
such discussion may be waived between an employee and his/her immediate
supervisor. Cause shall include, but not be limited to, situations wherein alleged
inappropriate actions of the supervisor form the basis for the grievance and the
employee has reasonable cause to believe that the supervisor would not be
objective.
2. An employee may obtain a grievance form from his/her supervisor or the Human
Resources Department. All documents, communications, and records dealing with
the processing of grievances shall be filed separately from personnel files.
3. No retribution or prejudice shall be suffered b.y employees making use of the
grievance procedure by reason of such use.
4. Failure by management at any step of this procedure to communicate their decision
on the grievance within the specified time limits shall permit the grievant to proceed
to the next step.
5. A grievant shall be entitled to be present at all steps of the procedure.
6. Failure by the grievant to appeal a decision on a grievance within the specified time
limits shall be deemed acceptance of the decision rendered.
7. The time limits specified at any step in this procedure may be extended or reduced
by written agreement of the grievant and an authorized management representative.
Page 28 of 41
EMPLOYEE REPRESENTATION
1. An employee may represent him/herself or be represented by a representative of the
employee organization.
2. If an employee chooses not to be represented by the employee organization and the
subject of the grievance involves MOU or other provisions which have been
negotiated between the City and the employee organization, the organization may
have staff representatives present beginning with Step 3, and shall have the right to
present the organization's interpretation of the provisions at issue. Such presentation
shall not include comments regarding the merits of the grievance.
ARTICLE 37. Severance Pay and Assistance to Layoffees
A. Severance pay of one (1) week per year of service, subject to a maximum of
four (4) weeks of pay, will be provided to employees who are laid off and not
offered employment through an agreement between a contractor and the City
of Tustin.
B. Letters of recommendation will be provided for employees whose
performance was satisfactory on the date of their layoff.
C. Reasonable assistance in locating alternative employment will be provided for
employees who are laid off.
ARTICLE 38. Layoff
Employees in the City service may be laid off because of material change in duties or
organization, shortage of work or lack of funds. Ten (10) working days before the effective
date of layoff, the employee shall be notified of the intended action with the reasons
therefore. The Department Head shall provide the City Manager a statement certifying
whether or not the services of the employee have been satisfactory and a copy of such
notice shall be given the employee affected. The name of the employee laid off shall be
placed on the appropriate employment list as provided in the City's Personnel Rules and
Regulation, if certified as having given satisfactory service. Any employee receiving notice
of layoff pursuant to this section shall have the right to bump down to a classification of
lower salary previously held by said employee if any incumbent is such classification has
less seniority of service with the City.
ARTICLE 39. Family Leave
As required by State and Federal law, the City will provide and administer family and
medical care leave for eligible employees pursuant to the Federal Family and Medical
Leave Act (FMLA} of 1993 and the California Family Rights Act (CFRA) (Government Code
12945.2).
Page 29 of 41
Rights of qualified employees under FMLA include, but are not limited to:
1. Entitlement of up to 12 weeks of unpaid leave in a year.
2. Continuation of the City's portion of any medical insurance contributions made on
behalf of the employee during the FMLA period.
3. No loss of seniority will result from the FMLA period.
In conjunction with FMLA, an employee may supplement his/her salary continuation, STD,
LTD, or Workers' Compensation with accumulated General Leave, and/or compensatory
time, in an amount to enable the employee to receive up to 100% of his/her pre-disability
earnings.
ARTICLE 40. No Strike/Job Action
The Association, its officers, agents, representatives, and/or members agree on behalf
of themselves and the employees in the bargaining unit that they will not cause or
condone any strike, walkout, work stoppage, job action, slowdown, sick out, or refusal to
faithfully perform assigned duties and responsibilities, withholding of services or other
interference with City operations, including compliance with the request of other
employees and/or labor organizations to engage in any or all of the preceding activities.
Any employee who participates in any of the conduct prohibited above may be subject
to discipline up to and including termination.
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.
The City agrees it will not lock out employees during the term of this agreement.
ARTICLE 41. Management Rights Clause
Except as otherwise specifically provided in State and Federal laws, the City reserves and
retains and is vested with all rights of management which have not been expressly
abridged by specific provisions of this Resolution or by law to manage the City. This shall
include, but is not limited to:
A. The right to contract or subcontract services and/or work. The right to
temporarily suspend the provisions of this agreement in the event of, and for
the duration of, an emergency as determined by the City Council, and/or by
County, State or Federal action upon notification to the Association regarding
the nature and expected duration of the emergency. In the event of such
suspension of the Resolution, when the emergency is over management will
Page 30 of 41
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.
B. The right to determine staffing and to direct the work force, including the right to
hire, promote, demote, evaluate, transfer, lay-off or discharge for just cause any
employee.
C. 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.
ARTICLE 42. Employee Rights
As the recognized representative of the employees covered by the Resolution, the City
acknowledges and recognizes the following employee rights:
A. TPSSA shall have access to and be provided with payroll deduction (as currently
provided) of dues, fees, and assessments without charge through the City's regular
payroll system.
B. TPSSA shall be afforded the reasonable use of department bulletin boards for the
posting of notices, updates, meeting minutes and other material related to TPSSA
business.
C. TPSSA shall be afforded the reasonable use of department copy machines and
faxes and will reimburse the City for any material costs or toll fees for such use.
D. Upon notice, and subject to availability, the City shall allow TPSSA the use of City
facilities including meeting rooms for TPSSA membership, Board of Directors and
committee meetings.
E. TPSSA shall have the right to representation by TPSSA in processing grievances
and disciplinary appeals. Employees shall be afforded reasonable paid release time
to meet with TPSSA representative for discussion and consultation on grievances
and disciplinary appeals.
F. TPSSA shall have the exclusive right on behalf of the bargaining unit to meet and
confer with management over matters of wages, benefits, hours, and terms and
conditions of employment pursuant to State and Federal laws.
G. All bargaining unit members shall have the right to join and participate in the
activities of TPSSA free from management interference, intimidation, coercion, or
discrimination.
Page 31 of 41
H. TPSSA shall have the right to distribute reasonable association information and
newsletters at the job site.
I. TPSSA representatives shall have the right reasonable usage of department
telephones for the discussion of TPSSA business.
J. TPSSA representatives and consultants shall have the right of reasonable access to
the workplace.
K. All other rights and privileges currently in effect or which may be enacted in the
future pursuant to Sate of Federal law.
ARTICLE 43. Application of Agreement
The term "employee" whenever used herein, whether singular or plural, means and applies
only to those employees of the City included within the representation unit, represented by
Association, and that this Agreement covers only said employees. It is not solely limited to
the members of said Association.
ARTICLE 44. Gender
Words used in this Agreement in the singular include the plural, and the plural include the
singular. Words appearing in the male gender include the female gender and the female
gender include the male gender.
ARTICLE 45. Severability
If any part of this Agreement 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 Agreement shall not render invalid the remaining parts
hereof.
ARTICLE 46. Binding on Successors
This Agreement 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, transferor assignment of either party hereto.
ARTICLE 47. Notices
Notices hereunder shall be in writing, and if to the Association, shall be mailed to the Tustin
Police Support Services Association, c/o President, P.O. Box 3039, Tustin, CA 92780; and,
if .the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA
92680.
Page 32 of 41
ARTICLE 48. Subject to State Law
Any provisions contained in this Agreement to the contrary notwithstanding, the City shall
not be required to provide any compensation, fringe, or other benefits to employees which
are contrary to any provisions of State law and/or which will or may result in any limitation,
disability or restriction upon the right of City to receive funds, share in funds, and/or receive
other benefits from the United States of America, State of California, or any subdivision or
agency of either of them or any other political subdivision or entity.
ARTICLE 49. Entire Agreement
This agreement, upon ratification and adoption, supersedes all prior agreements unless
expressly stated to the contrary herein and constitutes the complete and entire agreement
between the parties and concludes the meet and confer process for its term unless
otherwise expressly provided for herein.
The City and TPSSA agree that any City resolutions, ordinances, rules, regulations or
practices that are in conflict with the MOU and its provisions are subordinate to this MOU
and where conflicts exist this memorandum of understanding shall prevail.
The City and TPSSA for the duration of this Agreement, each voluntarily and without
qualification waives the right, and each agrees, that the other shall not be obligated to
bargain collectively with respect to any subject or matter covered in the Agreement
including the impact of the City's and the Association's exercise of their respective rights as
set forth herein on wages, hours, benefits and terms and conditions of employment. The
City agrees that it will not seek to change any of the wages, hours, benefits and terms and
conditions of employment provided for and covered by this Agreement during its term,
except as noted in Article 53 below. This paragraph does not waive the right of the City or
the Association to bargain over any subject or matter not covered in the Agreement which
is a mandatory subject of bargaining and concerning which the City or the Association is
considering a need to change during the term of this Agreement.
ARTICLE 50. Personnel Policies and Procedure Manual
During the term of this Memorandum of Understanding, TPSSA will participa"e in the
revision and adoption of the City's Personnel Policies and Procedures manual.
ARTICLE 51. Membership Meetings
Each Association member shall be entitled to two (2) hours per calendar year of paid
release time for membership meetings. These meetings are in addition to the
Memorandum of Understanding ratification meetings allowed the Association. The
Association shall provide a minimum of two (2) weeks advanced notice to the City of such
meetings. The two (2) hours per calendar year of release time shall be used in one (1 }
hour increments and will be non-cumulative for the next calendar year.
Page 33 of 41
ARTICLE 52. Agency Shop
1. Legislative Authority
As a result of State of California adoption of SB 739, all full-time and part-time
benefited employees represented by the Tustin Police Support Services Association
have the right to join or not join the Association. However, the enactment of a local
"Agency Shop" requires that as a condition of continuing employment, employees in
the respective bargaining unit must either join the Association or pay to the
Association a service fee in lieu thereof. Such service fee shall be established by
the Association, and shall not exceed the standard initiation fee, periodic dues and
general assessments of the Association.
2. Association Dues/Service Fees
(a) The Human Resources Department shall provide new hires to the TPSSA
unit, with an authorization notice advising them that Agency Shop for the
Association has been enacted pursuant to state law and an agreement exists
with the Association, and that all employees subject to the Agreement must
either join the Association, pay a service fee to the Association, or execute a
written declaration claiming a religious exemption from this requirement.
Such notice shall include a form for the employee's signature authorizing a
payroll deduction of Association dues, a service fee or a charitable
contribution equal to the service fee. Said employees shall have 14 calendar
days from the date they receive the form to fully execute it and return it to the
City Human Resources Department.
(b} If the form is not completed properly or returned within 14 calendar days, the
City shall commence and continue a payroll deduction of service fees from
the regular biweekly paychecks of such employee. The effective date of
Association dues, service fee, or charitable contribution sha11 begin no later
than the beginning of the first pay period commencing 14 calendar days after
receipt of the authorization form by the employee.
(c) The employee's earnings must be sufficient after the other legal and required
deductions are made to cover the amount of the dues or fees authorized.
When an employee is in a non-pay status for an entire pay period, no
withholding will be made. In the case of an employee in a non-pay status
during part of the pay period, whose salary is not sufficient to cover the full
withholding, no deduction shall be made. In the case of an employee who is
receiving catastrophic leave benefits during a pay period, no deduction shall
be made. In this connection, all other legal and required deductions
(including health care and insurance deductions) have priority over
Association dues and service fees.
3. Religious Exemption
Page 34 of 41
(a) Any employee who is a member of a bona fide religion, body or sect that has
historically held conscientious objections to joining or financially supporting
public employee organizations shall upon presentation of active membership
in such religion, body, or sect, not be required to join or financially support
any public employee organization as a condition of employment. The
employee shall be required, in lieu of periodic dues, initiation fees or agency
shop fees, to pay sums equal to the dues, initiation fees or agency shop fees
to a nonreligious, nonlabor charitable fund exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code, chosen by the employee
from the following charities; United Way, Tustin Community Foundation, or
Community Health Charities. Proof of the payments shall be made on an
annual basis to the City as a condition of continued exemption from the
requirement of financial support to the Association [Section 3502.5{c)].
(b} Declarations of or applications for religious exemption and any other
supporting documentation shall be forwarded to the Association within 14
calendar days of receipt by the City. The Association shall have 14 calendar
days after receipt of a request for religious exemption to challenge any
exemption granted by the City. If challenged, the deduction to the charity of
the employee's choice shall commence but shall be held in escrow pending
resolution of the challenge. Charitable contributions shall be made by regular
payroll deductions only.
4. Rescission
The agency shop provision in this Agreement may be rescinded by a majority vote of
all the employees in the unit covered by the Agreement, provided that:
(a) A request for such a vote is supported by a petition containing the signatures
at least 30 percent of the employees in the unit;
(b) The vote is by secret ballot;
(c) The vote may be taken at any time during the term of the represented units
memorandum of understanding, but in no event shall there be more than one
rescission vote taken during that term. Notwithstanding the above, the City
and the Association may negotiate, and by mutual agreement provide for, an
alternative procedure or procedures regarding a vote on an agency shop
agreement [Section 3502.5(d)].
(d) If a "rescission vote" is approved by unit members during the term of a current
memorandum of understanding, the Association agrees not to petition for or
seek Agency Shop status for the duration of the current of the memorandum
of understanding.
Page 35 of 41
5. Records
The Association shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the City, and to the employees who are
members of the organization, within 60 days after the end of its fiscal year, a
detailed written financial report thereof in the form of a balance sheet and an
operating statement, certified as to accuracy by its president and treasurer or
corresponding principal officer, or by a certified public accountant.
6. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any
liability arising from. any claims, demands, or other action relating to the City's
compliance with the agency fee obligation.
ARTICLE 53. Term of Agreement
The term of this agreement shall be from July 1, 2007 through June 30, 2009. The City may
re-open contract negotiations to make changes as a result of an FLSA audit.
IN WITNESS WHEREOF, the parties hereto have executed this document this
day of July, 2007.
CITY OF TUSTIN TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION
BY BY
William A. Huston, City Manager Michele Zachariah, President
Linda Jenson, Liebert Cassidy Whitmore Thao Nguyen, Member
Kristi Recchia, Director of Human Resources Kristi Kameya, Member
Ron Nault, Director of Finance
Scottie Frazier, Police Support Services Administrator
Page 36 of 41
APPENDIX A
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
EFFECTIVE JUNE 25, 2007
Classification Title Range A B C D E
Communication Officer 1 607
Communication Officer II* 631
Communication Officer Lead* 671
Crime Analyst * 671
Police Fleet Coordinator* 635
Police Services Officer I* 580
Police Services Officer II* 601
Police Services Officer III* 631
Police Support Specialist 524
Police Support Specialist Lead 564
Property & Evidence Technician* 586
3995 4200 4415 4641 4878
4242 4459 4687 4972 5180
4687 4927 5180 5445 5724
4687 4927 5180 5445 5724
4284 4504 4734 4977 5232
3735 3926 4127 4338 4560
3936 4137 4349 4572 4806
4242 4459 4687 4972 5180
3247 3413 3588 3772 3965
3588 3772 3965 4168 4382
3791 3985 4189 4404 4629
* Includes equity adjustments.
Page 37 of 41
APPENDIX B
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
EFFECTIVE DECEMBER 24, 2007
Classification Title Range A B C D E
Communication Officer I 617 4096 4306 4526 4758 5002
Communication Officer II 641 4349 4572 4806 5052 5311
Communication Officer Lead 681 4806 5052 5311 5583 5869
Crime Analyst 681 4806 5052 5311 5583 5869
Police Fleet Coordinator 645 4393 4618 4854 5103 5364
Police Services Officer I 590 3829 4025 4231 4448 4676
Police Services Officer II 611 4035 4242 4459 4687 4927
Police Services Officer III 641 4349 4572 4806 5052 5311
Police Support Specialist 534 3329 3500 3679 3867 4065
Police Support Specialist Lead 574 3679 3867 4065 4274 4493
Property & Evidence Technician 596 3887 4086 4295 4515 4746
Page 38 of 41
APPENDIX C
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
EFFECTIVE JUNE 23, 2008
Classification Title Range
Communication Officer I 627
Communication Officer Il 651
Communication Officer Lead 691
Crime Analyst 691
Police Fleet Coordinator 655
Police Services Officer I 600
Police Services Officer I i 621
Police Services Officer III 651
Police Support Specialist 544
Police Support Specialist Lead 584
Property & Evidence Technician 606
A B C D E
4200 4415 4641 4878 5128
4459 4687 4927 5180 5445
4927 5180 5445 5724 6017
4927 5180 5445 5724 6017
4504 4734 4977 5232 5500
3926 4127 4338 4560 4794
4137 4349 4572 4806 5052
4459 4687 4927 5180 5445
3413 3588 3772 3965 4168
3772 3965 4168 4382 4606
3985 4189 4404 4629 4866
Page 39 of 41
APPENDIX D
TUSTIN POLICE SUPPORT SERVICES ASSOCIATION
SALARY SCHEDULE
EFFECTIVE DECEMBER 22, 2008
Classification Title Range A B C D E
Communication Officer I 639 4327 4549 4782 5027 5284
Communication Officer II 663 4595 4830 5077 5337 5611
Communication Officer Lead 703 5077 5337 5611 5898 6200
Crime Analyst 703 5077 5337 5611 5898 6200
Police Fleet Coordinator 667 4641 4878 5128 5391 5667
Police Services Officer I 612 4045 4252 4470 4699 4940
Police Services Officer II 633 4263 4481 4711 4952 5206
Police Services Officer III 663 4595 4830 5077 5337 5611
Police Support Specialist 556 3517 3697 3887 4086 4295
Police Support Specialist Lead 596 3887 4086 4295 4515 4746
Property & Evidence Technician 618 4106 4317 4538 4770 5014
Page 40 of 41
APPENDIX E
POLICE SERVICES OFFICER CAREER OFFICER PROGRAM
Police Services Officers qualifying under the Police Services Officer Career Officer
Program as outlined in the Division Standard Operating Procedure, shall be eligible for
additional compensation in accordance with the following:
Police Services Officer I
Requirements include:
1. Entry level experience and education. May be assigned to fill any open assignment,
in any area, at the discretion of management.
Police Services Officer II
Requirements include:
1. Minimum 5 years experience with TPD or 2 years with TPD and 3 years equivalent
experience with another law enforcement agency (5 years total experience); AND
2. Competent or better evaluations for the previous three consecutive years.
Police Services Officer III
Requirements include:
1. Minimum 7 years experience with TPD or 2 years experience in one assignment
area with TPD and 5 years equivalent service with another law enforcement agency
(7 years total experience}; OR
2. 5 years experience in the CSI assignment combined with possession of a POST
Forensic Technician certification (5 years total experience); AND
3. Competent or better evaluations for the previous 3 consecutive years.
Once a Police Services Officer has met the criteria for advancement to the next PSO level,
he/she shall complete the appropriate TPD form, "Recommendation for Advancement to
Police Services Officer (I I, I I I)." Once completed, the form should be submitted via chain of
command. If all qualifications are met, the Department Head shall make a
recommendation for advancement and will authorize the Professional Standards Unit to
generate a Personnel Action Form signifying the classification change.
Advancement increases will only occur on the employee's annual anniversary date,
accompanied by a competent performance evaluation; except that, those employees
eligible for advancement at the time of contract ratification, and who have been at their
current pay grade for at least 12 months, will be immediately considered.
Page 41 of 41