HomeMy WebLinkAboutCC RES 07-61RESOLUTION NO. 07-61
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
UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND
THE TUSTIN POLICE OFFICERS 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
municipal 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 Officers Association, hereinafter referred to as "TPOA", have met and conferred
in good faith in accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City and TPOA have reached agreement on wages, 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 August 7, 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Resolutions and parts of Resolutions in conflict herewith are hereby rescinded.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 7th day of August, 2007.
LOU BONE,
Mayor
Resolution No. 07-61
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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. 07-61 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of
August, 2007, by the following vote:
COUNCILMEMBER AYES: BONE, AMANTE, DAVERT, KAWASHIMA (4)
COUNCILMEMBER NOES: NONE (0)
COUNCILMEMBER ABSTAINED: NONE (0)
COUNCILMEMBER ABSENT: PALMER (1)
PAMELA STOKER
City Clerk
Resolution No. 07-61
Page 2 of 30
MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN
and
TUSTIN POLICE OFFICERS' ASSOCIATION
POLICE OFFICER REPRESENTATION UNIT
TERM: JULY 1, 2007 TO JUNE 30, 2009
Resolution No. 07-61
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Page 1 of 28
TABLE. OF CONTENTS
ARTICLE 1. Recognition 3
ARTICLE 2. Salary 3
ARTICLE 3. Bi-lingual Pay 5
ARTICLE 4. Educational Incentive Pay 5
ARTICLE 5. Career Officer Program 6
ARTICLE 6. Attendance 7
ARTICLE 7. Retirement Plan 8
ARTICLE 8. Social Security 8
ARTICLE 9. Paid Leave 9
ARTICLE 10. Shift Differential ~ 11
ARTICLE 11. Payroll Deductions 11
ARTICLE 12. No Strike/Job Action 12
ARTICLE 13. Uniform Allowance 12
ARTICLE 14. Standby Duty 12
ARTICLE 15. Call-Back Duty 13
ARTICLE 17. Rules of Procedure and Evidence for Post-Removal From 13
Specialty Pay Position Hearings 13
ARTICLE 18. Deferred Compensation 15
ARTICLE 19. Court Pay Provisions 15
ARTICLE 20. Rest Periods and Lunch Breaks 15
ARTICLE 21. Overtime Compensation 16
ARTICLE 22. Employee Life Insurance 16
ARTICLE 23. Flexible Benefits Plan 16
ARTICLE 24 . Probationary Period 18
ARTICLE 25. Probationary Rejection 18
ARTICLE 26. Layoff Procedure 18
ARTICLE 27. Consolidated Omnibus Budget Reconciliation Act of 1985 18
ARTICLE 28. Retiree's Health Insurance 18
ARTICLE 29. Long-Term Disability (LTD) Plan 19
ARTICLE 30. Tuition Reimbursement 19
ARTICLE 31. Performance Evaluations 20
ARTICLE 32. Work Schedules 20
ARTICLE 33. Management Rights Clause 21
ARTICLE 34. Administrative Regulations 22
ARTICLE 35. Application of Agreement 22
ARTICLE 36. Gender 22
ARTICLE 37. Severability 22
ARTICLE 38. No Change of Benefits 22
ARTICLE 39. Employee Rights 22
ARTICLE 40. Third Party Advisory Process for Disciplinary Appeals 24
ARTICLE 41. Binding on Successors 27
ARTICLE 42. Entire Agreement 27
ARTICLE 43. Personnel Policies and Procedures Manual 27
ARTICLE 44. Amendments ~ 27
ARTICLE 45. Notices 27
ARTICLE 46. Term of Agreement 28
Resolution No. 07-61
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Page 2 of 28
MEMORANDUM OF UNDERSTANDING
POLICE OFFICER REPRESENTATION UNIT
CITY OF TUSTIN
AND
TUSTIN POLICE OFFICERS' ASSOCIATION
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, City representatives have met and conferred in good faith with the Tustin Police
Officers' Association pertaining to the wages, hours, benefits and conditions of
employment for employees in the Police Officer Representation Unit; and
WHEREAS, the meeting between the Association and City representatives has resulted in
an agreement and understanding to recommend that the employees represented by the
Association accept all of the terms and conditions as set forth herein and that the City
representatives recommend to the City Council that it adopt by resolution or resolutions the
changes and additions to the wages, hours and conditions of employment for the unit
employees as set forth herein.
WITNESSETH
ARTICLE 1. Recognition
The City has previously recognized the Tustin Police Officers' Association as the majority
representative of employees in the Police Officer Representation Unit for purposes of
representation on issues of wages, hours and other terms and conditions of employment.
As majority representative, the Association is empowered to act on behalf of all employees
who hold positions in classes in the Police Officer Representation Unit whether or not they
are individually members of the Tustin Police Officers' Association. The classifications
constituting the Police Officer Representation Unit are Police Officer and Police Recruit.
ARTICLE 2. Salary
The salaries of all bargaining unit employees shall be increased as follows (salaries are
indicated on a monthly basis):
Effective June 25, 2007, adjust Police Recruit salaries to $4306 per month.
Effective June 25, 2007, adjust Police Officer salaries 12 salary range points
(approximately 3%)
A B C D E
Police Officer (725) $5364 $5639 $5927 $6231 $6550
Resolution No. 07-61
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Effective December 24, 2007, adjust Police Officer salaries 8 salary range points
(approximately 2%)
A B C D E
Police Officer (733) $5472 $5753 $6047 $6357 $6682
Effective June 23, 2008, adjust Police Officer salaries 12 salary range points
(approximately 3%)
A B C D E
Police Officer (745) $5639 $5927 $6231 $6550 $6886
Effective December 22, 2008, adjust Police Officer salaries 12 salary range points
(approximately 3%)
A B C D E
Police Officer (757) $5810 $6108 $6421 $6749 $7095
The preparation of the City's Compensation Plan as described in Section 4 of the
Personnel Rules and Regulations shall be subject to the meet and confer process with the
Tustin Police Officers' Association.
Payroll Issuance
All Bargaining unit employees shall receive their regular salary paid bi-weekly.
Salary Review Dates
All bargaining unit employees shall have as a salary review date the- date upon which the
employee shall next be eligible for consideration of a merit step increase. Any approved
leave of absence exceeding thirty (30) days may 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 thirty (30) days.
Normal Increases Within the Salary Range
All bargaining unit employees may be considered eligible for increases in salary according
to the following:
1. Unless a salary range has only a single salary step, the letters A, B, C, D and E,
respectively, denote the various progressive steps in the pay range.
2. Employees shall be eligible to move from salary step "A" to salary step "B" upon
completion of six (6) months of employment if the employee has demonstrated
satisfactory performance.
3. Employees 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
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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.
Salary on Demotion, Transferor Reassignment
1. All bargaining unit employees subject to an involuntary demotion shall have their
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 five percent (5%}.
In 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 demotion.
2. An employee who is demoted shall not be required to serve a new pr~~bationary
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 (`~) year will
be required.
3. An employee who is transferred shall continue to receive the same salary rate
and the salary review date shall not change.
4. When the salary range of a classification is adjusted, the salary of each
incumbent shall be increased to the corresponding step in the new range and
the salary review date shall not change.
ARTICLE 3. Bi-lingual Pav
Unit employees, except Police Recruits, who successfully pass the City's exarr~ination for
conversational skill, in a language other than English (which the Director cif Human
Resources has approved as being needed for City Business}, are eligible to receive $250
per month {$115.38 per pay period) as a bi-lingual pay incentive. Individuals are eligible to
receive bi-lingual pay at the beginning of the first pay period after Human resources
receives the employee's test score demonstrating conversational proficiency. Should a
conflict arise regarding designation of an employee for compensation, proficiency and/or
need the Director of Human Resources shall determine who is eligible. The City is
responsible to develop and administer a testing vehicle to determine proficiency.
ARTICLE 4. Educational Incentive Pav
The City shall provide Educational Incentive Pay as an incentive for unit employees,
except Police Recruits, to improve their level of education in relevant fields beyond the
expected level for their position.
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Unit employees are eligible to receive Educational Incentive Pay after six (6) months of
City service. Incentive pay begins the first pay period after Human Resources receives
and certifies the employee has met all of the eligibility requirements.
To apply for Educational Incentive Pay an employee must be actively at work, provide
official documentation of the required classes and/or degree (AA, BA or BS, Masters) and
have completed any applicable service requirements.
Degree in Related Field Police Officer
AA Degree or its equivalent $175/mo. ($80.77 per pay period)
Bachelor's Degree $325/mo. ($150.00 per pay period)
Masters Degree $375/mo. ($173.07 per pay period)
An equivalent to an AA Degree shall include continuing active enrollment in a Bachelor's
curriculum with over half the course work completed. Credit for a class under this plan
requires a grade of "C" or better. Apass/no-pass course will be deemed to have achieved
a "C" grade if the course was passed. No credit is provided for courses for which the City
paid and that were attended entirely or in substantial part on City time. Employees in a
program leading to ajob-related degree may be given credit for non-job related courses
which are required to obtain the degree but they shall not exceed 50% of the total credits
until the related degree is received.
A reasonable interpretation of the related nature of the degree fields shall be made by the
Director of Human Resources.
For purposes of contract negotiations, the BA/BS degree shall be used for future
comparisons.
ARTICLE 5. Career Officer Program
Officers qualifying under the Career Officer Program, as outlined in the Police Department
General Order Manual, shall be eligible for additional compensation in accordance with the
following:
Leve I
Senior Officer I
Requirements include:
Increase in Base Salary
2.5%
• Five (5) consecutive years of employment with the Tustin Police Department
as a full time sworn police officer (lateral entry officer may use 50% of their
prior paid full time sworn police officer service toward this requirement).
• POST Basic Certificate.
• 30 College semester credits (transcripts required).
• "Competent" or better annual performance evaluations for the previous three
(3} consecutive years.
• Has accepted additional duties as assigned.
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Senior Officer II 4.5%
Requirements include:
• Seven (7) consecutive years of employment with the Tustin Police
Department as a full time sworn police officer (latera! entry officer may use
50% of their prior paid full time sworn police officer service toward this
requirement).
• POST Intermediate Certificate.
• 60 College semester credits or an Associate Degree (transcripts required).
• "Competent" or better annual performance evaluations for the pre~~ious three
(3) consecutive years.
• Has performed as a Senior Officer I for one (1) year.
• Has accepted additional duties as assigned.
Master Officer 6.5%
Requirements include:
• Ten X10) consecutive years of employment with the Tustin Police Department
as a full time sworn police officer (lateral entry officer may use 5C~% of their
prior paid full time sworn police officer service toward this requirem~:nt).
• POST Advanced Certificate.
• 90 College semester credits.
• "Competent" or better annual performance evaluations for the previous five
{5) consecutive years.
• Has performed as a Senior Officer II for one (1) year.
• Has accepted additional duties as assigned.
Employees are eligible at the beginning of the first pay period following Human resources
receipt of documentation that all requirements are met and approvals processed
ARTICLE fi. Attendance
All bargaining unit employees shall be in attendance at work in accordance with the rules
regarding hours of work, holidays, and leaves.
Any employee why is absent from duty shall report the reason for such abse~ice to the
Department Head or immediate supervisor prior to the absence as far in advance as
possible and in no case later than two (2) hours before the beginning of the employee's
scheduled work shift. Absences not reported in such manner may be considered absence
without leave. A deduction of pay may be made for the duration of any absence without
leave. Upon return to work, such absence shall be justified to the Department Head who
shall consider the need for disciplinary action or to approve the absence as uliavoidable
and allow the employee to make up the lost time or cover it with General Leave.
Absence from work without approved leave and without reasonable cause fo~~ three (3}
consecutive scheduled work days may be cause for immediate discharge.
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If an employee has a leave of absence without pay in excess of thirty (30} calendar days,
continuous service shall be considered interrupted for purposes of advancement within a ~,,.:,#
salary range. Absence with pay shall not be considered an interruption of an employee's
continuous service and shall not be deducted in computing #otal city 'service time.
ARTICLE 7. Retirement Plan
All employees covered under this Agreement shall be members of the California Public
Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of
the City's contract with CaIPERS, as amended.
The CaIPERS plan in effect for Safety Members is the 3% @ 50 formula for Local Safety
Members. The plan has been amended to include Section 21574 (Fourth Level of 1959
Survivor Benefits), Section 20042 (One-year Final Compensation}, and Section 21024
(Military Service Credit as Public Service).
The CaIPERS plan in effect for non-safety Miscellaneous Members (i.e. Police Recruit) is
the 2% @ 55 formula for Local Miscellaneous Members. The plan has been amended to
include Section 21573 (Third Level of 1959 Survivor Benefits), Section 20042 (One-year
Final Compensation), and Section 21024 (Military Service Credit as Public Service).
For employees in the classification of Police Officer, the City shall pay, on behalf of the
employee, the employee's nine percent (9%) contribution to CaIPERS in accordance with
the City's contract with CaIPERS. For employees in the classification of Police Recruit, the
City shall pay, on behalf of the employee, the employee's seven percent (7%) contribution
to CaIPERS in accordance with the City's non-safety miscellaneous contract with
CaIPERS.
When the CaIPERS employer rate combined with the employer-paid member contribution
of nine (9%) percent, exceeds 32.802%, the employee and the City will cost-share on a
65% City / 35% employee basis any increase above 32.802% (i.e., if the rate is 34.802%,
the excess is 2% -the City will be responsible for 1.3% and the employee wilt be
responsible for .7%) Any contribution required of the employee will reduce the City's 9%
contribution, which is currently being made on behalf of the employee, and such
contribution will be paid though payroll deduction from the employee's earnings. The
employee cost-sharing contribution shall not exceed 3.15%. The City will notify employees
of any required contribution to CaIPERS when it reviews it annual notice of rates from
CaIPERS.
All employees shall pay 100% of the employees' monthly cost for the 1959 Survivor
Benefits. As of June 2007 this amount is $2.00 per month.
ARTICLE 8. 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.
Resolution No. 07-61
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ARTICLE 9. Paid Leave
A. General Leave
1. Each employee accrues General Leave in accordance with the following:
Periods of Service General Leave Hours Per Year
0-5 years 160
6-10 years 208
Over 10 years 248
2. In November of each year, each regular and promotional probationary
employee may request that he/she be paid for a maximum of forty (40) hours
of accrued General Leave. Employee requests will be granted provided the
employee will retain eighty (80) hours of General Leave in his/her account
after the payout occurs.
3. Eacl~~ calendar year employees may accumulate General LE~ave to a
maximum of two and one half (2 '/~) times the employee's annual accrual
entitlement. Upon separation from the City service the employee will be paid
for unused General Leave, not to exceed the maximum of two ar;d one-half
(2 1/2) years entitlement, at the employee's then current base salary rate.
4. Pay in lieu of General Leave will be granted upon terminati~,n of City
emp~oyment or upon a finding of hardship by the City Manager.
5. The use of General Leave for reasons other than non-job related illness or
injurr~ must be approved by the Department Head and due regard shall be
given to the employee's preference in scheduling such paid leave time.
B. Holidays
The following holidays are observed by the City:
January 1
Third Monday in February
Last Monday in May
July 4
First Mond~~y in September
November '11
Thanksgiving Day
Day after Tnanksgiving Day
December y4
December 25
December 31
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Gay
Christmas Eve
Christmas Day
New Year's Eve
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When a holiday occurs on a Sunday, the following Monday will be observed instead.
When a holiday occurs on a Saturday, the preceding Friday will be observed . .
instead.
For the designated holidays, employees are eligible for nine (9) hours of paid time
off for each full day. Unless operational needs, as determined by the Police Chief,
require that the time off be taken at some other date, the time off will be taken on
the scheduled holiday.
If the holiday hours paid on a holiday or substituted day off are less than the
employee's regularly scheduled hours the employee may use accrued
compensatory time or General Leave to ensure that hours paid will be the same as
would regularly be paid for the day.
In December of each year, each regular and promotional probationary employee
may request Advance Holiday Pay, a cash out of his/her holiday credit for the
following year in lieu of having time off. The employee must have General Leave
accrued in an amount equivalent to the holiday cash out requested to be eligible for
full payment of the Advance Holiday Pay in January. In the event the employee
does not have the required hours in his/her General Leave bank, pursuant to the
City's leave report for pay period 25 of each year, the Advance Holiday Pay shall be
made in two installments, one in January (January -September holidays) and one
in October (October -December holidays) of each year.
The Advance Holiday Pay request may be for (1) all cash (2) all General Leave or
(3) half cash/half General Leave. The employee's request shall be in writing and is
irrevocable. In the event that an employee separates from service and has used
and/or been paid for holidays in excess of the pro-rata earned hours per month, the
overage shall be deducted from his/her final check.
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) 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).
C. Bereavement Leave
The City will allow up to five (5) days off with pay for the purpose of Bereavement
Leave in the event of a death in the employee's immediate family. "Immediate
family" shall be defined as including the spouse, registered domestic partner,
mother, stepmother, father, stepfather, brother, sister, child, stepchild, grandparent,
and grandchild of the employee or the employee's spouse/registered domestic
partner. An employee may use less than five (5} days.
Bereavement Leave is intended to allow time for an employee to mourn the loss of
a loved one and/or to assist family members during a time of loss. In the event an
extended absence or travel is necessary, the employee may request to use General
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Leave to supplement Bereavement Leave.
D. Jury Duty Leave
All bargaining unit employees on jury duty will receive their full City salary. 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 reimbursements.
E. Industrial Disability Leave
All bargaining unit employees who are unable to perform the essential f~~nctions of
their classification and assignment by reason of job-related injury or illness as
allowed by i;he Worker's Compensation laws of the State of California sha!I be paid:
1. F~rll salary and benefits to the maximum provided for under the City's
Personnel Rules and Regulations (Police Recruit) or pursuant to Section
4350 (Police Officers).
2. Ail other benefits as prescribed under the Worker's Compensation laws of
the State of California.
F. Military Leave
Upon notice from the Association that a unit employee has been called to active
duty the City will, within 30 calendar days, place on the Council agenda a
Resolution for consideration that would provide the affected employee supplemental
salary in thc; event his/her military pay and associated dollar stipends an extras is
less than he/she would have earned in base pay if the employee had not been
called to active duty.
AR7"ICLE 10. Shift Differential
Employees who are regularly assigned to the graveyard shift (shift begins at 6:0~) p.m. and
ends at 6:30 a.m the following day) shall receive shift differential. This differential is
designed to compensate the employee for the inconvenience of working this particular
shift. Unit employees receiving this differential are paid $25.00 per pay period. limited to
24 pay periods per' year.
ARTICLE 11. Pay~roll Deductions
Deductions of authorized amounts may be made from employee's pay for the : following
purposes:
A. Withholc.iing tax;
B. Contributions to retirement benefits including deferred compensation;
C. Contribution to survivor 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 premi~m;
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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. Payment of membership dues and any authorized fees to TPOA;
L. Payment of authorized TPOA deductions;
M. Purchase of United States Savings Bonds;
N. Payment for non-return of uniforms and/or equipment issued;
O. Repayment of unearned Advance Holiday Pay; and
P. Other purposes as may be authorized by the City.
ARTICLE 12. 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.
ARTICLE 13. Uniform Allowance
Employees will be paid a uniform allowance of $429.00 per year. The allowance is paid bi-
weekly ($16.50 per pay period/26 pay periods per year). Special motor officer gear and
officer public safety leather/nylon gear required by the departrrrent will be provided.
ARTICLE 14. Standby Duty
Unit employees shall be compensated for Standby Duty (except for court appearances) at
the rate of two (2} hours of straight time for each eight (8) hours required, including
holidays. If an employee is on Standby Duty and the Standby status is canceled, the
employee will still receive the full amount of Standby Pay appropriate for the time frame
involved.
Standby Duty for scheduled court appearances on behalf of the City shall be compensated
at a rate of two (2) hours of straight time for morning (a.m. hours) appearances and two (2) ~~ *~
hours straight time for afternoon (p.m. hours) appearances.
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If a scheduled Standby for court appearances is canceled and the employee is not advised
of the cancellation before fi:00 p.m. on the day prior to the subpoena date, the employee
shall receive two hours of Standby Pay. A reasonable effort by the employer (P.g. phone
call) to notify the employee prior to fi:00 p.m. on the day prior, will negate the two (2) hours
of Standby Pay. Employees who are scheduled for Standby 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.
ARTICLE 15. Call-Back Dut
In addition to standby compensation, if any, officers shall receive a minimum of two (2)
hours overtime paid at a time and one-half rate for any call which required then~i to return
to duty.
ARTICLE 16. Special Assignments.
Employees assigned to the following special assignments (or successor titles) shall
receive, in addition to their regular compensation, premium pay in the amount cif two and
one half percent (2 1 /2%) of base salary provided that at no time may an employ~se receive
more than one (1) special assignment pay premium:
Comrnerciai Enforcement Officer (limited to one individual assignment)
Community Impact Officer
Field Training Officer
Gang Unit Officer
Investigator. -General Investigations (including OCATT) and Special Inve:~tigations
(including FcNSP)
K-9 Officer
Motor Officer
Professional Standards Personnel OfficerlProfessional Standards Traininc~ Officer
School Resaurce Officer
Special Enforcement Detail
The City has the absolute discretion regarding the assignment and reassi±~nment of
employees to special assignments. Any such assignment is not vested and may be
revoked at any time and any appeal required by Section 3304(b) of the California
Government Code, shall be governed by Section 17.
Eacf~ employee pr:rforming the assignment of Motor Officer or K-9 Officer will rE:ceive one
paid day off per month (10 hours) which is considered as compensable as hors worked
under FLSA for thw time spent (as an officer-dog handler or officer motor-handler) at their
residence in caring for the dog/equipment during regular days off and during vacation or
sick leave.
ARTICLE 17. Rules of Procedure and Evidence for Post-Removal From
Specialty Pay Position Hearin„~s
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Any Police Officer removed from a specialty pay position for non-disciplinary reasons may
file a written appeal with the City Manager within 10 days of receiving notice of removal.
1. Hearings shall be conducted by the City Manager or his/ her designee.
2. The question to be decided is whether the City abused its discretion in
removing the Police Officer from the specialty pay position.
3. Formal rules of evidence and procedure that may be applicable in a court of
law shall not apply to these hearings. Evidence, both oral and documentary,
shall be admissible if it is the type of evidence that responsible persons are
accustomed to rely on in the conduct of serious affairs, regardless of the
existence of any judicial rule which might have made improper the admission
of such evidence over objection in civil actions. Hearsay evidence may be
admitted for the purpose of supplementing or explaining any direct evidence
but shall not be sufficient by itself to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege shall be
applicable to the same extent that they are recognized in civil actions.
4. .Each party shall have the right to call and examine witnesses, to introduce
exhibits and to cross-examine opposing witnesses. If the employee does not
testify his or her own behalf, the employee may be called and examined as if
under cross-examination.
~: ~,
5. Testimony shall be recorded by means of either a tape recording or certified
court reporter.
6. Witness shall be sworn unless both parties stipulate otherwise.
7. Written declarations made under penalty of perjury shall be admissible;
provided, however, that declarants shall be made available for testimony at
the request of the party against whom the declaration is offered.
8. The Police Officer appealing the removal from the specialty pay position has
the burden of proof. The standard of proof is a preponderance of the
evidence. The City shall present its case first. During the presentation of the
City's case, the officer shall have the right to cross-examine any witness
called to testify by the City. During the presentation of the officer's case, the
City shall have the right to cross-examine any witness called by the
employee to testify.
9. Both parties shall have the right to counsel. Employee may be represented
by the applicable employee organization representative.
10. Both parties shall have the right to present an opening argument prior to the k.-..
presentation of any evidence and a closing argument after the presentation
of all evidence.
Resolution No. 07-61
Page 16 of 30
Page 14 of 28
11. The City Manager, oc his/her designee, shall decide all questions of
procedure and evidence.
12. The City Manager, or his/her designee, shall issue a written decision within
30 days (1) of the conclusion of the hearing; or (2) of the receii~t of post-
hearing briefs if such briefs are requested by the City Manager or his or her
designee.
13. The decision of the City Manager shall be final and binding. If the City
Manager chooses to designate a hearing officer, that hearing ~~fficer will
make a recommendation based on written findings to the City Manager,
whose decision shall be final and binding.
14. Any objection to the City Manager, or his or her designee, on the ~arounds of
bias, must be made in writing, stating the reasons therefore, by d~:livering of
the writing to the City Manager no later than five (5) days prior to the date of
the hearing.
ARTICLE 18. Deferred Compensation
For each unit employee (expect Police Recruit), the City shall contribute $37.~~0 per pay
period to a deferred compensation program or vehicle currently offered by the City. It is
the responsibility of each employee to complete the necessary paperwork and take
required steps to ~:nroll in the program. Should employees fail to enroll, the Ci` y is under
no obligation to make retroactive contributions on behalf of said employee or employees.
Employees hired into this unit shall be provided with a notification of thE: deferred
compensation program, including the amount of employer contributions, during employee
orientation.
ARTICLE 19. Court Pay Provisions
The City shall pay actual time spent in court at a rate of time and one-h~,If (1'/~) to
employees who are required to appear in court on behalf of the City during thr;ir off-duty
hours subject to a minimum of two (2} hours of such compensation for court ap ~earances
scheduled in the rnorning (a.m. hours) and two (2) hours of such compensatio ~ for court
appearances scheduled in the afternoon (p.m. hours).
ARTICLE 29. Re:~t Periods and Lunch Breaks
All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each
four (4) hours of their work shift. The scheduling of the rest breaks sh III be the
responsibility of th~~ employee's supervisor.
Any employee required to monitor a radio or telephone during the lunch bre~ k shall be
considered on paid status during the lunch break and shall be paid for said time.
No employee shall be intimidated, coerced or discriminated against for exercising his/her
entitlement to rest periods and/or lunch breaks as provided for in this Article.
Resolution No. 07-61
Page 17 of 30
Page 15 of 28
ARTICLE 21. Overtime Compensation
.
The City shall pay unit employees premium pay of time and one-half (1'/~) for all approved
overtime hours worked in excess of:
(1) Regularly scheduled hours per shift;
(2) Hours worked on a day the employee is not regularly scheduled to work; or
(3) Hours worked in excess of the prescribed hours during the applicable work cycle
(i.e. (a} 40 hours in a 7-day work cycle for employees on the 4/10 work
schedule; (b) 160 hours in a 28-day cycle for employees on the 3/12.5 work
schedule; and (c) 80 hours in a 14-day work cycle for employees on the 9/80
work schedule).
General Leave, compensatory time and holiday hours paid shall be counted as hours
worked in these calculations, provided, however, that standby time shall not be considered
in determining entitlement to premium pay.
In lieu of receiving cash payment for overtime, the employee may elect the option of
accruing compensatory time at the rate of time and one half (1'/~), subject to a maximum
accrual of forty (40) hours.
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.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of forty (40) hours or less at his/her straight time hourly base rate.
ARTICLE 22. Employee Life Insurance
The City will provide life insurance on the life of each regular, permanent full-time,
employee and pay the premiums thereof. The death benefit of said insurance shall be one
hundred percent (100%) of the employee's base annual salary to the nearest multiple of
$1,000.00. The City shall also make available, at the employee's option, a supplemental
life insurance policy. The premium of the supplemental policy shall be paid by the
employee.
ARTICLE 23. Flexible Benefits Plan
The Flexible Benefits Plan will be as follows:
Resolution No. 07-61
Page 18 of 30
Page 16 of 28
A. Effective December 24, 2007, the Flexible Benefits Contribution per month per
eligible employee shall be:
Employee Only Employee + 1 Employee + 2 or more
Dependent Dependents
$500 $750 $950
Effective December 22, 2008, the Flexible Benefits Contribution per month per
eligible employee shall be:
Employee Only Employee + 1 Employee + 2 or more
Dependent Dependents
$550 $800 $1025
B. 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.
C. 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 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 toward 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).
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.
Resolution No. 07-61
Page 19 of 30
Page 17 of 28
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 24 . Probationary Period
Each sworn bargaining unit employee shall be subject to an original probationary period of
not less than eighteen {18) months for new hire police officers. This extended
probationary period shall not affect an employee's entitlement to periodic merit increases.
The Police Chief 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 (other than Police
Recruit} 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.
Any leave of absence without pay exceeding fifteen (15) work days may cause 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 25. Probationary Resection
A probationary employee, rejected for failure to meet standards or pass probation, shall
not be eligible for any internal grievance or appeal procedure pursuant to Swift vs. County
of Placer.
ARTICLE 26. Layoff Procedure
The provisions of the Personnel Rules and Regulations currently in effect are hereby
incorporated into this memorandum of understanding by reference and shall be an
attachment hereto.
ARTICLE 27. 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 28. Retiree's Health Insurance
The City will reimburse eligible unit employees up to a maximum of $350.00 per month for
the payment of CaIPERS retiree medical insurance premiums for employees who have five
(5) years of continuous City service and retire from the City and CaIPERS. Such
Resolution No. 07-61
Page 20 of 30
Page 18 of 28
reimbursement includes any required contribution to be made for eligible retirees under the
Public Employees' Medical and Hospital Care Act (PEMHCA).
ARTICLE 29. Long-Term Disability (LTD) Plan
A. Police recruits shall participate in the City's STD/LTD plan under the same terms,
conditions and cost as those employees in the general employee bargaining unit.
B. The Long-Term Disability Insurance Plan specifically for sworn police personnel in
effect as of January 1, 2000 shall continue in full force and effect during the term of
this agreement unless changed by the mutual agreement of the City and
Association.
C. The City will contribute $20.50 per month per unit employee to the TPOA ~_TD Fund.
D. In addition to provisions of the Long-Term Disability Insurance Plan, provided the
leave exceeds thirty (30) days, the City agrees to pay the 60% of an employees'
base salary for a period not to exceed 14 days or the equivalent of 80 hours. Such
payment is considered taxable income and occurs after the employee has used
eighty (80) consecutive hours of General Leave during the 30 day period beginning
with the 1 st day of the leave.
E. Flexible Benefits will be continued for ninety (90) days of a disability leave and such
time will be counted towards satisfying Federal FMLA and State CFRA
requirements. .
F. It is understood that proof of coverage is to be submitted to the City upon request
and eligibility for City benefits provided in D and E of this Article is conditioned upon
the City's receipt of proof of disability.
ARTICLE 30. Tuition Reimbursement
Employees shall be encouraged to further their academic education and training in those
areas of benefit to the employee and to the City. Full-time employees will be eligible for
reimbursement by the City of tuition for professional technical courses subject to the
following conditions 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 made of tuition fees, textbooks, lab fees, or required
supplies, upon completion of the course with a satisfactory grade and after the
completion of the initial probationary period.
C. Tuition reimbursement shall not be made if the employee is drawing veteran's
education benefits or any other reimbursement for the same course.
Resolution No. 07-61
Page 21 of 30
Page 19 of 28
D. Reimbursement for up to $500.00 each calendar year if the employee is attending a
community college or $2,000.00 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(s) 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 $1000.00.
E. The City shall set up procedures that allow for expedient reimbursement for classes
taken and fees paid. Employees may request reimbursement in the calendar year
that the class is taken and completed. Failure to request reimbursement in a timely
manner and/or classes taken in excess of the allowable reimbursement level cannot
be carried over to a future year reimbursement period.
ARTICLE 31. Performance Evaluations
An employee may not appeal or grieve a performance evaluation unless said evaluation
results in the denial of a merit increase. Nothing herein shall serve to restrict an employee
from having a written rebuttal attached to a performance evaluation with which the
employee disagrees.
ARTICLE 32. Work Schedules
Police officers work schedules under Code Section 207(k) of the Fair Labor Standards Act
(ELBA).
A. Department work schedules include the:
^ 4/10 work schedule for employees in special assignments; (in each seven (7)
calendar day period, the employee works four 10-hour days where the
scheduled work shift commences and ends at the same time each day
followed by three consecutive days off } .
^ 3/12.5 work schedule for employees in Patrol; (in each seven (7) calendar
day period, the employee works three 12.5 hour days where the scheduled
work shift commences and ends at the same time each day and is followed
by four consecutive days off. During the 28 day work cycle, the employee
must work one additional 10-hour shift.)
Continuation of the schedule is subject to needs of the Department, provided that if
the Department desires to discontinue that work schedule, the employee wil! revert
to the 9/80 work schedule or some other schedule upon mutual agreement of the
Department and employee.
B. Department employees will select shifts as follows:
1. The City is divided into two separate patrol areas -North and South.
2. Patrol officers will select patrol area assignments by seniority every other
year; the next open selection for patrol areas will be in conjunction with the
August 2008 shift change.
Resolution No. 07-61
Page 22 of 30
Page 20 of 28
3. Available shifts will be designated by the department by patrol area. Police
Officers will select shifts in their respective areas twice a year. Police Officers
are limited to twelve (12) consecutive months on any shift assignment (days
shift, cover watch, or graveyard}. Based on departmental needs, a police
officer may be allowed to extend beyond the twelve (12) consecutive month
rotation.
4. Based on department needs, shift assignments may be reserved for
probationary police officers during the first twelve (12) months of probation.
Shift assignments may be reserved for Lateral Police Officers (with patrol
experience} for their first shift assignment. For Lateral Police Officers (without
patrol experience) the department may reserve shift assignments for their
first twelve (12} months. The remaining shifts will be selected by l.~atrol area
by seniority.
5. Field Training Officers will be given the opportunity to select shifts by
seniority. In the event the voluntary "by seniority" shift selection does not
provide the necessary coverage, the Chief of Police, or designee, may
assign Field Training Officers to shifts that provide necessary coverage.
When making mandatory shift assignments for Field Training Officers,
Management will make an effort to adhere to the shift preference s of Field
Training Officers.
6. Bilingual Officers will be given the opportunity to select shifts by seniority. In
the event the voluntary "by seniority" shift selection does not provide the
necessary coverage, the Chief of Police, or designee, may assign Bilingual
Officers to shifts that provide necessary coverage. When making ~~nandatory
shift assignments for Bilingual Officers, Management will make a~n effort to
adhere to the shift preferences of Bilingual Officers.
7. If a Police Officer assigned to a special assignment returns to patrol, at a
time other than at shift selection, he/she will be assigned to a patrol area and
shift based on the staffing needs of the department.
8. If a Police Officer assigned to a special assignment returns to patrol, in
conjunction with shift selection, he/she will be assigned to a patrol area but
will participate in the shift selection process based on seniority.
C. Employees assigned to special task forces or regional teams will work the hours
that the team works.
D. Employees may have their work schedule changed to accommodate training
assignments which are eight (8) or more hours in duration.
ARTICLE 33. Management Rights Clause
Except as otherwise specifically provided for in State and/or Federal laws, and this
Agreement, the C;ty reserves and retains and is vested with all rights of ma ~agement
which have not begin expressly abridged by specific provisions of this Agreement or by law
to manage the City. This shall include, but is not limited to:
A. 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
Resolution No. 07-61
Page 23 of 30
• Page 21 of 28
County, State, or Federal action. In the event of such suspension of the
Agreement, when the emergency is over management will immediately initiate the ~.a,
meet and confer process over replacement of any salary, benefit, or working
conditions lost by unit employees as a result of the suspension of this Agreement.
B. The right to determine staffing and direct the work force including the right to hire,
promote, demote, evaluate, transfer, layoff, or discharge for just cause any
employee.
C. The right to contract or sub-contract services and/or work.
D. 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 34. Administrative Regulations
The City Manager may issue written administrative personnel regulations designed to
augment or clarify the provisions of this Memorandum.
ARTICLE 35. 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 Tustin Police Officer
Representation Unit, and that this Agreement covers only said employees. It is not solely
limited to the members of the Tustin Police Officers Association.
ARTICLE 36. 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 includes the male gender.
ARTICLE 37. 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 part
hereof.
ARTICLE 38. No Change of Benefits
During the life of this agreement there shall be no unilateral change of benefits or
privileges contained in this Memorandum of Understanding or the Resolutions adopting
this Memorandum of Understanding that are not specifically changed by this agreement
except for those not impacting terms and conditions of employment.
ARTICLE 39. Employee Rights
Resolution No. 07-61
Page 24 of 30
Page 22 of 28
As the recognized representative of the employees covered by this memorandum of
understanding the City acknowledges and recognizes the following employee rights:
1. TPOA shall have access to and be provided with payroll deduction of dues, fees,
and assessments without charge through the City's regular payroll system.
2. TPOA shall be afforded the use of department bulletin boards for the posting of
notices, updates, meeting minutes and other material related to TPOA bu~~iness.
3. TPOA 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.
4. Upon notice and subject to availability the City shall allow TPOA the ~.se of City
facilities including meeting rooms for TPOA membership, Board of DirE:ctors and
committee meetings.
5. TPOA representatives shall be allowed reasonable paid release time for F reparation
for and attendance at meetings with management related to the meet ~~nd confer
process and labor relations matters.
6. All bargaining unit members shall have the right to representation by TPOA in
processing grievances and disciplinary appeals. Employees shall bE: afforded
reasonable paid release time to meet with TPOA representatives for disci fission and
consultation on grievances and disciplinary appeals.
7~. TPOA shall have the exclusive right on behalf of the bargaining unit to meet and
confer with management over matters of wages, benefits, hours, and terms and
conditions cif employment pursuant to State and Federal laws.
8. All bargaining unit members shall have the right to join and particip~~te in the
activities of TPOA free from interference, intimidation, coercion, or discrimination.
9. TPOA shall have the right to distribute a reasonable amount of association
information and newsletters at the job site.
10. TPOA representatives shall have the right to reasonable use of department
telephones and a-mail for the discussion of TPOA business.
11. TPOA representatives and consultants shall have the right of reasonable access to
the workpla+~e:
12. TPOA representatives may be granted general or other leave for labor relations
training.
13. All other ric;hts and privileges currently in effect or which may be enacted in the
future pursuant to State or Federal law.
Resolution No. 07-61
Page 25 of 30
Page 23 of 28
ARTICLE 40. Third Party Advisory Process for Disciplinary Appeals
Disciplinary actions, which may move beyond the Department Head's decision, include the
actions of termination, suspension, reduction of salary, and demotion. The "third party"
advisory process is the step between the Department Head's action and the City Manager's
final decision. In the Department Head's notice of final disciplinary action (which should be
served by registered mail or personal delivery) shall be a statement which clearly informs the
employee that he/she has the right, within ten (10) working days after receipt of the
response, to request the next level of appeal. The day the employee receives the
Department Head's final notice shall not count as one of the ten (10) days.
The employee's request for the next level of appeal must be addressed to the Director of
Human Resources and received in the Human Resources Office so that same is date
stamped by the Human Resources Office with the ten (10) day period.
If, within the ten (10} day appeal period, the employee involved does not file said appeal,
unless good cause for the failure is shown, the action of the Department Head shall be
considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal
period, the employee involved files such notice of appeal by giving written notice of appeal to
the Director of Human Resources, an appeal hearing shall be established as follows:
A. If a single third party hearing officer cannot be agreed upon by the Director of Human
Resources and the employee's representative (or employee alone if unrepresented),
the American Arbitration Association shall be requested to submit a list of seven (7}
persons qualified to act as arbiters to the City and employee. Within ten {10) days
following receipt of the list of arbiters, the parties shall meet to select the arbiter. The
parties shall alternately strike one (1) name from the list of arbiters {the right to strike
the first name to be determined by lot) until one {1) name remains, and that person
shall be the arbiter.
B. .Where practicable, the date for the hearing shall not be less than twenty (20) days, nor
more than sixty (60) days, from the date of the filing of the appeal with the Director of
Human Resources. The parties may stipulate to a longer or shorter period of time in
which to hear the appeal. All interested parties shall be notified in writing of the date,
time, and place of hearing.
C. All hearings shall be private provided, however, that the arbiter shall, at the request of
the employee, open the hearing to the public.
D. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the
request of either party, not less than five (5} working days, prior to the commencement
of such hearing. After the commencement of such hearing, subpoenas shall be issued
only at the discretion of the arbiter.
E. The hearing need not be conducted in accordance with technical rules relating to .~~~ ~.
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of
evidence on which reasonable persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory rules, which
Resolution No. 07-61
Page 26 of 30
Page 24 of 28
might ,make improper the admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege shall be effective to the
same extent that they are now or hereafter may be recognized in civil ar~d criminal
actions, and irrelevant and unduly repetitious evidence shall be excluded. The arbiter
shall not be bound by technical rules of evidence. The arbiter shall rule on the
admission or exclusion of evidence.
F. Each party sf~all have these rights; to be represented by legal counsel or otter person
of his/her chP~ice; to call and examine witnesses; to introduce evidence; to cross-
examine opposing witnesses or any matter relevant to the issues even tf sough that
matter was nc~t covered in the direct examination; to impeach any witness reclardless of
which party first called him/her to testify; and to rebut the evidence against l~im/her. If
the respondent does not testify in his/her own behalf, he/she may be called and
examined as ~f under cross-examination. Oral evidence shall be taken only on oath or
affirmation. ~; court reporter will be engaged to record the hearing, unless the parties
(City, arbiter, employee/employee representative) mutually agree that same is not
necessary.
G. The hearing shall proceed in the following order, unless the arbiter, for spec.al reason,
otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement.
2. The appe~~ling party shall then be permitted to make an opening statement.
3. The party imposing disciplinary action shall produce the evidence on hip/her part;
the City bE:ars the. burden of proof and burden of producing evidence.
4. The party appealing from such disciplinary action may then open his/hEr defense
and offer his/her evidence in support thereof; the employee bears the burden of
proof and the burden of producing evidence for any affirmative defenses asserted.
5. The parties may then, in order, respectively offer rebutting evidence only, unless the
arbiter for good reason permits them to offer evidence upon their original ~;ase.
6. Closing arguments shall be permitted and written briefs may be permitted at the
discretion of the arbiter.
H. The arbiter shall determine relevancy, weight, and credibility of testirnony 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 partie~~, shall be
excluded from the hearing unless the arbiter, in his/her discretion, for good cause,
otherwise dirE~cts. No still photographs, moving pictures, or television pictures shall be
taken in the hearing chamber during a hearing. The arbiter, prior to ow~ during a
hearing, may grant a continuance for any reasons he/she believes to be important to
reaching a fair and proper decision. The arbiter shall render- his/her judgme: ~t as soon
after the conclusion of the hearing as possible and in no event later than thirty (30)
Resolution No. 07-61
Page 27 of 30
Page 25 of 28
days after conducting a hearing. His/her decision shall set forth findings of fact and
conclusions. The opinion shall be advisory only.
I. The arbiter may recommend sustaining or rejecting any or all of the charges files
against the employee. He/she may recommend sustaining, rejecting, or modifying the
disciplinary action invoked against the employee. He/she may not recommend for
discipline more stringent than that invoked by the Department Head.
The arbiter's opinion and recommendation shall be filed with the City Manager, with a
copy sent to the charged employee, and the Director of Human Resources and shall
set forth his/her findings and recommendations. If it is a dismissal hearing and a
dismissal is not the arbiter's recommendation, the opinion shall set forth the
recommended date the employee is recommended to be reinstated and/or other
recommended action. The reinstatement date, if appropriate, may be an time on or
after the date of disciplinary action.
J. Within thirty (30) days of the receipt of the arbiter's findings and recommendations, and
transcript (which is optional only in certain cases), whichever date is later, the City
Manager shall adopt, amend, modify or reject the recommended findings, conclusions,
and/or opinions of the arbiter. Prior to making a decision, which modifies or rejects the
recommendation of the arbitrator, the City Manager shall order and read the transcript
of the Third party Advisory Process. Prior to making a decision which supports the
arbiter, the City Manager may order and read the subject transcript, at his/her option,
allow limited oral arguments and/or may request and review written statements from
either side. The decision of the City Manager shall be final and conclusive. Copies of
the City Manager's decision, including the arbiter's recommendations(s) shall be filed
where appropriate, including the employee's personnel file, unless no discipline is
upheld by the City Manager. Each party shall bear equally the cost of facilities, fees
and expenses of the arbiter, including the court reporter and transcripts. If the City
Manager orders a transcript for his/her review, the City shall bear the cost of providing
the transcript. Each part sha11 bear its own witness and attorney fees. If either party
unilaterally cancels or postpones a scheduled arbitration, thereby resulting in a fee
charged by the arbiter or court reporter, then the party responsible for the cancellation
or postponement shall be solely responsible for the payment of that fee. This process
shall not apply to mutual settlements by the parties, which result in an arbitration fee.
K. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the
City Manager, the time of such suspension, demotion or dismissal shall be effective
from the first day after such delivery of said decision or shall relate back to be effective
as of the date the employee was suspended from duty pending hearing before and
decision by the City Manager, whichever is applicable. If discipline imposed resulted in
loss of pay, the pay loss shall be restored to the employee based on the number of
standard work hours lost computed at his/her then base hourly rate. The provision of
Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under
this Section.
Resolution No. 07-61
Page 28 of 30
Page 26 of 28
ARTICLE 41. 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, sale, transfer or assignment of either party
hereto.
ARTICLE 42. Entire Agreement
This agreement, upon ratification and adoption supersedes all prior practices and
agreements, whether written or oral, unless expressly stated to the contrary f"~erein and
constitutes the complete and entire agreement between the parties and cons:ludes the
meet and confer process for its term unless otherwise expressly provided for her~;in.
The City and TPOA agree that any City resolutions, ordinances, rules, regulations or
practices that are in conflict with the MOU and its provisions are subordinate to this MOU
and where conflicts exists this memorandum of understanding shall prevail.
The City and TPOA for the duration of this Agreement, each voluntarily ar.d without
qualification waives the right and each agrees that the other shall not be ot~ligated 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 provided in Article 46 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 43. Personnel Policies and Procedures Manual
During the term of this Memorandum of Understanding, TPOA will participate in the
revision and adoption of the City's Personnel policies and Procedures manual. Nu changes
to existing Personnel Policies and Procedures that impact subjects within the scope of the
meet and confer process and the MOU will be implemented during the term of the MOU
except by mutual agreement of the parties in writing.
ARTICLE 44. Amendments
This memorandum can be altered or amended only by written agreement between the
parties hereto or as a result of negotiations over an FLSA audit.
ARTICLE 45. Notices
Notices hereunder shall be in writing and, if to the Tustin Police Officers Unit, shall be
mailed to President, Tustin Police Officers' Association, Post Office Box 1516, Tustin, CA
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92781; and, if to City, shalt be mailed. to City Manager, City of Tustin, 300 Centennial Way,
Tustin, California 92780.
ARTICLE 46. Term of Agreement
All provisions set forth herein shall be effective on July 1, 2007 and shall remain in effect
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 7th day of August,
2007.
City of Tustin Tustin Police Officers Association
William A. Huston, City Manager Sean Whiteley, President
Linda Jenson, Liebert Cassidy Whitmore Luis Garcia, Member
Kristi Recchia, Director of Human Resources Rick Hudson, Member
Ron Nault, Director of Finance Khaya Breskin, Member
Joe Garcia, Police Captain Colton Kirwan, Member
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