HomeMy WebLinkAboutCC RES 78-114l
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RESOLUTION NO. 114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO THE CLAS-
SIFICATION, COMPENSATION AND TERMS OF- EM-
PLOYMENT OF NON -ADMINISTRATIVE AND NON-
MANAGEMENT POLICE EMPLOYEES OF THE CITY OF
TUSTIN,
WHEREAS, the City Management representatives have met and conferred
with the representatives of the Tustin Police Employees Association on behalf of
the non -masa gement police personnel; and
WHEREAS, the Meet and Confer sessions have resulted in a Memorandum of
Understanding being entered into between Tustin Police Employees Association and
City; and
WHE.RE.AS., City Council desires to provide changes in the benefits to the
non -administrative and non -management police employees of the City;
NOW, THEREFORE, the City Council of the City of Tustin, California, does
hereby resolve as follows:
Section !.
The classification, compensation and terms of employment for the admin-
istrative . and rn anagement of f icers of the City are set forth by separate resoultion
of the City Council and the provisions herein set forth shall not apply to those
employ: es.
Section 2.
A. Life Insurance on Employee. City shall provide life insurance on the
lifc of earth regular, permanent; full-time, non-adrr �inistrative, non-managetment
police employee of the Police [Department of the City of Tustin and pay full annual
prerniu,rn tine. of or. The death benefit of said policy shall be one hundred percent
(10017. o f the employees' base annual salary to the nearest multiple of $1,O00.O0.
3. Medic21/Health Benefits. City shall provide: a medical/health benefit
program for the benefit of regular, permanent, police employees and their
depe;ldents, if applicable. City shall contribute to the funding of said program one
hundred percent (100%) of the contribution for an employee without dependents or
of an employee with dependents who elects not to have said dependents covered,
and shall pay ninety percent (900/6) of the contribution toward the funding of said
progrann of any employee with dependents whom the employee elects to cover.
The City shall establish provisions in the City health plan permitting future
retirees of the City to continue their participation in the City health plan at their
own full cost and in such a manner as to insure that retiree contribution fully fund
that portion of the plan.
C,o�r%f i nn -i
The General Leave plan is being revised contemporaneously herewith by
amendments.to the Personnel Rules and Regulations of the City of Tustins,
gCbrf-i rtin L1_
Uniform Allowance. One hundred and fifty dollars {$.15O.00} Shall be paid
semi-annually to each regular, permanent, full-time, non -administrative and non --
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of the Police Department of the city of Tustin, plus
• , w , (-er ear, effective January 1, 1979. For• the semi-annual period
�. -.,sic.;.: ,. ` t•'• ..�f fr 0
i;
y , , • . ,.,., .,s. - 19 1978, City shall pay the sures o F X70.00 for uniform allowance,
.• •; e j i f .. t i
, '-annual advance payment made in July of 1970.
a.t:•, .,► t,�..)crnl
3S
,�:•;�.��.:�i:.:����c�l�_ _i'rovisions.
;;�`,i�i�.�t1iCe of Inequities. City Administrator may authorize special
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avoid or eliminate inequities resulting from the strict application of
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of this resolution.
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'r�istrative Regulations. The City Administrator is authorized to
'� a •administrative personnel regulations designed to augment or clarify
ri
�'►►;� ,:,:-t,vi;;:,r�s of this resolution.
o,,1 6.
L-_ f f elc t ivy; Date. All provisions set forth herein shall be effective as to non -
f -
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r::lrTirnlstrative and non --management police employees of the Tustin Police De -
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�}f,:; tr��er�t as of September 11, 1970.
PA SS=�D Ai'�D ADOPTED at a regular meeting of the City Council of the City
12:: t_,` -1"usi in, held on the 6tli day of November ,_._�..._.
1978.
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15 ATTESTS:
,
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�..-
CITY CLER '
Tc- ALI" URN ► A
ss
�`�E ORANGE
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`` Ru i"r-i C. PCE, City Clerk er-ld ex -of ficial Clark of the City Council of the
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City of Tustin, California, does hereby certify that the whole number of the
members of the City Council of the City Tustin is five; that the above and
foregoing Resolution_ _ was duly and regularly introduced, read, passed and
adopted at a regular meeting of the City Council held on the _fit lay of
:.q�(mb.er, 1978, by the following vote:
AYES: COUNCILMEN: WELSH r SCHUSTER, SHARP r SALTA EL LI KENNED"
NOES: COUNCILMEN: 1 -.-.,ONE
ABSENT: COUNCILMEN: NONE
JGR:se:D:10/10/73
JGR:se:R:1G/23/78
JGR:DB:se:R:10/27 /7 0
T/Res/TPI A D:9
2
CITY CLERK
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MEMORANDUM OF UNDERSTANDING
CITY OF TUSTIN AND TUSTIN POLICE EMPLOYEE'S ASSOCIATION
WHEREAS, the City Council of the City of Tustin has on or about September
19, 1977 and November 21, 1977, adopted Resolutions providing for the payment of
compensation and establishing the terms of employment for the non -administrative
and non -management police employees of the City of Tustin; and
WHEREAS, in accordance with the provisions of the California Government
Code Sections 3500 et seq. and Section 17 of the Personnel Rules & Regulations of
the City of Tustin, the City's employee representatives have met and conferred in
good faith with the representatives of the Tustin Police Employees' Association
pertaining to the subject of wages, benefits and conditions of employment for the
non -administrative and non -management police employees of City; and
WHEREAS, the meetings between Tustin Police Employees' Association and
the City have resulted in an agreement and understanding to recommend that the
employees represented by the Tustin Police Employees' Association accept all of
the terms and conditions as set forth herein and that the City Council adopt by
resolution or resolutions the changes and additions to the wages, hours and
conditions of employment for the non -administrative and non -management police
employees of City.
WITNESSETH
Article 1. City has previously recognized Tustin Police Employees' Assoc-
iation as the majority representative of all non -administrative and non-
management police employees of City for the purpose of representation on issues
of wages, hours and other terms and conditions of employment. As majority
representative, the Tustin Police Employees' Association is empowered to act on
behalf of all non -administrative and non -management police employees of City,
whether or not they are individually members of the Tustin Police Employees'
Association. It is further recognized that any individual employee has a legal right
at any time to represent himself or herself individually in his or her employee
relationship with the City. The parties understand and agree that Sergeants,
heretofore sometimes known as Police Supervisors, have been deemed to be non-
administrative and non -management police employees of the City of Tustin and
included within the unit of representation of Tustin Police Employees' Association,
and shall be entitled to receive at least all of the benefits prescribed in this
agreement. The parties understand and agree that it is the intention of City to
classify Sergeants of the Police Department of the City of Tustin as management
employees after appropriate procedures in accordance with the requirements of
law, but that by such reclassification Sergeants shall continue during the term of
this agreement to be entitled to receive at least all the benefits prescribed herein.
Article 2. Medical, Dental and Life Insurance. City agrees that the existing
program for medical, dental and life insurance as presently in effect, having been
amended after appropriate meeting and conferring in June, 1977, will continue and
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City will provide and pay one hundred percent (100%) of the individual employee's
total contribution toward the funding of said program. In the event that the
employee has dependents which he choses to have covered, City will pay ninety
percent (90%) of the total contribution toward funding of said program for the
employee and his dependents. The foregoing ratio of payment by City shall be
maintained during the term of this agreement. It is understood and agreed by the
parties that the "contribution toward the funding of said program" as set forth
above refers to the amount determined at this time by City and City's Health
Administrators to be reasonable sums to fund the benefits of the program, and if
and to the extent that such contribution for funding is inadequate and results in an
excess of benefits of benefits paid over contributions received, that this may result
in an excess of benefits paid over contributions received. If, and in the event that
the benefits paid are in excess of contributions received, City may advance sums to
cover such deficit but other than advancing or lending funds City shall not be
obligated for such deficit.
Article 3. General Leave. General leave shall be granted upon the following
formula:
0-5 years of services - 18 general leave days per year
5 to 10 years of services - 23 general leave days per year
Over 10 years of service - 28 general leave days per year
Article 4. Uniform Allowance. City will pay $150.00 semi-annually as and
for uniform allowance plus City will pay for special motor -officer gear effective
January 1, 1979, plus $70.00 for the current semi-annual period.
Article 5. Cost -of -Living Compensation Increase. If and at such time prior
to January 1, 1979, it is legally permissible for City to grant a cost -of -living pay
increase to the non -administrative and non -management police employees of City
without being in conflict with, and/or subject to limitation, prohibition, disability
or impediment to City including, but not limited to any impediment to City upon
any entitlement to share in and/or receive distributions of funds or other benefits,
City shall increase salaries of all non -administrative and non -management police
employees of City by five percent (51/6). In the event that such a cost -of -living
increase may be given prior to January 1, 1979, in an amount of less than five
percent (51/6), without the conflicts or disabilities described above, such lesser
percentage cost -of -living increase shall be given and the remaining percentage
shall be given as soon as permissible in accordance with the limitations described
above in this paragraph.
If no cost -of -living salary increase is granted prior to January 1, 1979, City
agrees that effective January 1, 1979, City shall provide time and one-half
premium pay for all hours worked in excess of eight (8) hours per shift and forty
(40) hours per week retroactive to September 11, 1978. Provided, however, that
standby time shall not be considered in determining entitlement to premium pay.
Article 6. Compensation Second Year. If and to the extent that it is legally
permissible for, City to grant a cost -of -living pay increase to the non-
administrative and non -management police employes of City without being in
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conflict with, and/or subject to limitation, prohibition, disability or impediment to
City including, but not limited to any impediment to City upon any entitlement to
share in and/or receive distributions of funds or other benefits, City shall increase
the compensation of non -administrative and non -management police employees of
City in the amount by that percentage of such compensation by which the
consumer price index, based on the Los Angeles -Long Beach consumer price index,
has increased between May 1, 1978, and May 1, 1979, said increase to be effective
July 2, 1979, provided further, however, that if and to the extent that such a cost -
of -living increase is prohibited or restricted as hereinabove described in Article 5
and Article 6, City shall grant to the non -administrative and non -management
police employees of City additional fringe benefits or increased fringe benefits of a
dollar value equal to the increase in the consumer price index to the extent that
such cost -of -living increase in compensation has not been granted. The fringe
benefits or increases in fringe benefits to be accorded shall be as determined by
discussion and agreement between the Tustin Police Employees' Association and
City to the fullest extent permitted by law. Highest priority shall be given to
those items which will increase the employees' take-home pay. It is understood
that increases in benefit areas such as increased holidays, general leave or other
items traditionally classified as "soft cost benefits" shall not be construed as
compensation towards satisfying the total compensation due the employees under
this section. Provided, however, it is further agreed that additional fringe benefits
or increase in fringe benefits which may be accorded pursuant to this paragraph
shall not include payment by City of all or any part of the employee's contribution
to the Public Employees' Retirement System except by mutual agreement. It is
further agreed that in the event that no increase or an increase of less than the
increase in the cost -of -living is not permitted to be granted in the form of salary
and/or fringe benefits, that City will accord such increase or remaining portion
thereof at such time as same may be granted without violation of law or disability
as hereinabove described.
Article 7. Provisions of the Personnal Rules & Regulations. The Personnel
Rules & Regulations of City shall be revised as set forth in the Resolution attached
hereto and incorporated herein by this reference.
Article 8. Miscellaneous Provisions.
A. Avoidance of Inequities. The City Administrator may authorize special
adjustments to avoid or eliminate inequities resulting from the strict application of
any provision or provisions of this Resolution.
B. Administrative Regulations. City Administrator is authorized to issue
written administrative personnel regulations designed to augment or clarify the
provisions of this Resolution.
Article 9. Effective Date. All provisions set forth herein shall be effective
as to non -administrative and non -management police employees of the Tustin
Police Department as of September 11, 1978.
Article 10. The parties agree that the term "employee" whenever used
herein, whether singular or plural, means and applies only to those employees of
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the City included within the representative unit, represented by Tustin
Police Employees' Association and that this memorandum covers only said em -
1 ployees. It is not limited solely to the members of the Tustin Police Employees'
2 Association.
Article 11. Words used in this memorandum in the singular include the plural,
3 and the plural include the singular. Words appearing in the male gender include the
4 female gender and the female gender include the male gender.
5 Article 12. If any part of this memorandum is rendered or declared invalid by
reason of any existing or subsequently -enacted legislation, governmental regulation
6 or order of decree of court, the invalidation of such part of this memorandum shall
% not render invalid the remaining part hereof.
8 Article 13. This memorandum shall be binding on the successors and assigns
of the parties hereto and no provisions, terms or obligations herein contained shall
9 be affected or changed in any way whatsoever by the consolidation, merger, sale,
10 transfer or assignment of either party hereto.
11 Article 14. This memorandum contains all the terms and conditions agreed to
between the parties. This memorandum shall be of no force or effect unless or
12 until duly adopted, ratified, and agreed to by the City Council of City, or in the
13 alternative, that all of the substantive provisions contained herein are adopted by
14I resolution of the City Council.
Article 15. This memorandum can be altered or amended only by written
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agreement between the parties hereto.
16 Article 16. Notices hereunder shall be in writing and if to Tustin Police
jr, I Employees' Association shall be mailed to President, Tustin Police Employees'
Association, Post Office Box 1498, Tustin, California 92680, and if to City shall be
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mailed to City Administrator, City of Tustin, 300 Centennial Way, Tustin,
19 California 92680.
20 Article 17. In addition to the provisions otherwise provided herein, the
21 parties expressly understand and agree that City shall not be required to accord
any compensation, fringe or other benefits to employees which are contrary to any
22 provisions of State law and/or which will or may result in the limitation disability
23 or restriction upon the right of City to receive funds, share in funds, and/or receive
other benefits from the State of California.
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Article 18. This agreement shall be and remain in effect from the date of
25 execution to and including June 30, 1980.
26 Article 19. Conclusion of Agreement. This agreement shall contain all of
27 the covenants, stipulations and the provisions agreed upon by the parties. It is
understood that all items relating to employee wages, hours and other terms and
28 conditions of employment not covered in this agreement are covered by existing
29 ordinances, resolutions, and policies of the City as well as the Personnel Rules and
Regulations presently in effect. Therefore, for the life of this agreement neither
50 party shall be compelled to bargain with the other concerning any mandatory
31 bargaining issue whether specifically bargained about prior to the conclusion of this
32 agreement or which may have been omitted in the bargaining which led up to the
conclusion of this agreement except by mutual agreement of the parties.
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Article 20. No Change of Benefits. During the life of this agreement there
shall be no change of benefits or privileges contained in existing resolutions and
rules not specifically revised by the provisions of this agreement, except after
compliance with applicable laws.
IN WITNESS WHEREOF, the parties hereto have executed this document this
!; _F day of 1976.
CITY OF TUSTIN
BY
DAN BLANKENSHIP
City Administrator
ATTESTS:
RUTH.C:_POE, City Clerk
< - - TUSTIN POLICE EMPLOYEE'S
ASSOCIATION
BY
APPROVED AS TO FORM:
City Attorney
JGR:se:D:10/10/78
JGR:DB:R:10/13/78
JGR:se:R:10/16/78
MOU/TPEA D:9
Wr�0I M�
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