HomeMy WebLinkAboutAgr 1998-07-01 (Town/TPA)MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF TIBURON
And
THE TIBURON POLICE ASSOCIATION
PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-
Brown Act, by and between the Town of Tiburon and the Tiburon Police
Association the 1st day of July 1998.
The parties have met and conferred in good faith regarding wages, hours, and
other items and conditions of employment of the employees in the Tiburon Police
Department and have exchanged freely information, opinions, and proposals and
have endeavored to reach agreement on all matters relating to the employment
conditions and Employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the Town Council as
the joint recommendation of the undersigned for salaries, fringe benefits, and
working conditions of all employees of the Police Department except the Police
Chief, Police Lieutenant and Secretary.
This Memorandum of Understanding and following agreements shall not become
effective until approved by the Tiburon Town Council and Tiburon Police
Association.
Section 1. Recognition
1.1 Association Recognition
The Town recognizes the Association as the majority representative of the sworn
and non-sworn employees of the Tiburon Police Department, excluding the
classification of Chief of Police, Police Lieutenant and Secretary. The category of
sworn police personnel represented by the Association includes the classifications
of sergeant -and patrol officer. All other police ' personnel represented -by the
Association are considered non-sworn.
1.2 Dues Deduction
he own s-ha[ in a payroll deduction made twice each month, deduct the amount
of Association dues or fees as specified by the Association and authorized by each
affected employee in accordance with rules and regulations to implement the
Employer-employee relations ordinance. Said deductions are to be made without
fee charged to the Association. The Association agrees to hold the Town harmless
from any liability arising from such deduction. ~
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Section 2. Association Represented Employee Rights
2.1 The Association has the right to represent its members before the Town Council or
advisory boards or commission or the Town Manager or his designee with regard
to wages, hours, and working conditions or other matters within the scope of
representation.
2.2 The Association has the right to be given reasonable written notice of any
proposed ordinance, rule, resolution, or regulation,-or amendment thereto, relating
to matters within the scope of representation.
2.3 The Association has the right to reasonable access to employee work locations for
officers of the Association and the officially designated representatives for the
purpose of processing grievances or contacting members of the Association
concerning business within the scope of representation. Access shall be restricted
so as not to interfere with the normal operations of the Department or established
safety or security requirements.
2.4 Employees represented by the Association shall be free to participate in
Association activities without interference, intimidation, or discrimination, in
accordance with State law and Town policies, rules, and regulations.
Section 3. Management Rights
Except as otherwise provided in this Agreement, the rights of the Town include, but
are not limited to, the exclusive right to determine the mission of its constituent
department, commission, and boards; set standards of service; determine the
procedures and standards of selection for employment and promotions; direct its
employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of government
operation; determine the methods, means and personnel by which government
operations are to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of
performing its work, including contracting for specified services.
The Town maintains the right to use qualified volunteers or reserves in the Police
Department service, provided such use does not adversely affect wages, hours,
and other terms and conditions of employment. Use of said individuals shall be in
accordance with State law and Police Department regulations.
Nothing contained within this Section is intended to, in any way, supersede or
infringe upon the rights of the recognized employee organization as provided
under State and Federal law, including, but not limited to, California State
Government Code Sections 3500 through 3510, inclusive.
Section 4. No Discrimination
There shall be no discrimination because of race, creed color, national origin, sex,
or legitimate Association activities against any employee or applicant for
employment by the Town or by the Department or by anyone employed by the
Department; and to the extent prohibited by applicable State and Federal law,
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there shall be no discrimination because of age. There shall be no discrimination
against any handicapped person solely because of such handicap unless that
handicap prevents the person from meeting the minimum standards established.
Section 5. Scope of Agreement
5.1 Term:
TFis Agreement shall be in effect from July 1, 1998 through June 30, 2001.
5.2 Procedure for Meet and Confer:
The own, through its representatives, shall meet and confer in good faith with
representatives of the Association regarding matters within the scope of
representation, including wages, hours, and other terms and conditions of
employment, in accordance with the provisions of the Meyers-Milias-Brown Act.
The Tiburon Police Association shall submit their next contract proposal changes
to the Town Manager by March 1, 2001. The Town shall commence contract
negotiations no later than 45 days following receipt of contract proposal.
Section 6. Hospital-Medical-Dental-Life Insurance
(a) Effective July 1, 1998, the Town agrees to pay the cost of group dental, life,
Long Term Disability Insurance and a medical and hospital insurance program
coverage of up to Four Hundred Forty Four Dollars and Fifty Cents ($444.50) per
month per regular full-time employee. If the full sum specified is not used for the
group insurance cost of a given employee, the difference, not to exceed Ninety
Dollars ($90.00) per month, shall be credited and paid to the employee during the
last month of each fiscal year, or upon termination.
(b) Effective July 1, 1999, the Town agrees to pay the cost of group dental, life,
Long Term Disability Insurance and a medical and hospital insurance program
coverage of up to Four Hundred Sixty Nine Dollars and Fifty Cents ($469.50) per
month per regular full-time employee. If the full sum specified is not used for the
group insurance cost of a given employee, the difference, not to exceed Ninety
Dollars ($90.00) per month, shall be credited and paid to the employee during the
last month of each fiscal year, or upon termination.
(c ) Effective July 1, 2000, the Town agrees to pay the cost of group dental, life,
Long Term Disability Insurance and a medical and hospital insurance program
coverage of up to Four Hundred Eighty Nine Dollars and Fifty Cents ($489.50) per
month per regular full-time employee. If the full sum specified is not used-for the
group insurance cost of a given employee, the difference, not to exceed Ninety
Dollars ($90.00) per month, shall be credited and paid to the employee during the
last month of each fiscal year, or upon termination.
6.1 Medical/Hospital Insurance:
Th-e-Town o Tiburon o ers its employees and their dependents medical/hospital
insurance coverage. A full-time employee may choose a plan from those offered
through the Public Employees Retirement System (PERS) Health Benefit plans. If
the full sum specified in Section 6. (a), (b), and (c) above is exceeded for group
insurance cost of a given employee and dependents, then that employee shall pay
the balance of the monthly cost via a special twice per month payroll deduction for
all full-time employees and their dependents. Such insurance is mandatory for all
full-time employees and their dependents.
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6.2 Dental Insurance:
TheTown of Ti-uron offers its full-time employees and their dependents the Delta
Dental Service plan. Such insurance is mandatory for all full-time employees and
their dependents.
6.3 Life, Insurance:
The own o Tiburon offers a Fifteen Thousand Dollar ($15,000) life insurance
policy from the Standard Life Insurance Company. Such insurance is mandatory
for all full-time employees.
6.4 Disability Insurance:
The own o Tiburon offers its full-time employees long term disability insurance.
Such insurance is mandatory for employees in the sergeant and patrol officer
classification and optional for all others.
6.5 Change in Employee Benefit Plans:
From time to time, a its option, a Town intends to evaluate the hospital-medical,
dental, life, and long-term disability insurance plans currently available to
employees to determine if similar or better coverage may be available at a lower
cost to the Town. The Town may substitute new insurance carriers or arrange for
self-insurance provided that the overall coverage is equal to or superior to the
present coverage and provided that the Town meets with the Association to confer
on any new plan before it is implemented.
Section 7. Retirement Program
7.1 Scope of Benefits:
The retirement-
e irement plan currently in effect for full-time employees covered by this
Memorandum of Understanding shall remain in full force and effect and includes
the following benefits:
The Town contributes its required amount of retirement benefit as stipulated each
year by PERS as well as seven percent (7%) of all full-time employee's monthly
retirement contribution, in partial satisfaction of the nine percent (9%) retirement
contribution required from all full-time employees.
Effective July 1, 1998 the Town will contribute its required amount of retirement
benefit as stipulated by PERS and also will contribute an amount equal to eight
percent (8%) of all full-time employee's monthly retirement contribution, in partial
satisfaction of the nine percent (9%) retirement contribution required from-all full-
time employees.
Effective July 1, 1999 the Town will contribute its required amount of retirement
benefit as stipulated by PERS and also will contribute an amount equal to nine
percent (9%) of all full-time employee's monthly retirement contribution, in
satisfaction of the nine percent (9%) retirement contribution required from all full-
time employees.
1. Full 2% at 50 (Non-sworn employees - Full 2% at 60)
2. Final Compensation Average - 3 years
3. 1959 Survivors Benefits
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4. Death Benefits - $500
5. Age 50 Discount Benefits
Section 8. Holidays
8.1 In accordance with Government Code and the Town Personnel Rules and
Regulations, the Town shall observe the following holidays on the dates indicated
below:
HOLIDAY DATE OBSERVED
Independence Day
Labor Day
Admissions Day
Columbus Day
Veterans Day
Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
Lincoln's Birthday
President's Day
Memorial Day
July 4
1st Monday in September
September 9
October 13
November 11
4th Thursday in November
December 24
December 25
December 31
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
8.2. Full-time employees of the Police Department, covered under this Agreement shall
receive one (1) day's pay for each holiday whether worked or not.
8.3 Payment for holidays shall be made, at the employee's option, as either one (1)
days' additional salary included in the pay period during which the holiday falls or
one (1) additional vacation day shall be added to the employee's vacation accrual.
8.4 Police Clerk will receive the Holiday off and not the Holiday pay.
8.5 Effective 1996, for non-sworn employees, Lincoln's Birthday (February 12) is
observed on Christmas Eve (December 24) and Admissions Day (September 9) is
observed on New Year's Eve (December 31), respectively.
Section 9. Sick Leave
Sick leave shall not be considered as a privilege which an employee may use at
his discretion, but shall be allowed only in the case of necessity or actual sickness
or disability, and in the case of disability other than sickness, only where such
disability occurred while the employee was not gainfully employed elsewhere.
9.1 Use of Sick Leave:
Sick leave may be taken for absences from duty made necessary by:
1. Personal illness, caused by factors over which the employee has no
reasonable immediate control.
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2. Injury not incurred in line of duty, except where traceable to employment
other than the Town.
3. Medical, dental or eye examination or treatment for which appointment
cannot be made outside of working hours.
4. Death of a close relative.
5. Hospitalization of a close relative or any member of the employee's
household, where the department head approves such leave.
6. Care of a close relative, or any member of the employee's household who is
ill or injured, though not hospitalized, where the department head approves
such leave.
9.2 Sick Leave Accumulation:
Sick leave with pay shall be granted to all full-time employees who have served six
(6) months, except as hereinafter provided. An employee shall accumulate one (1)
sick leave day per month from date of hire until terminated or on leave without pay.
Accumulation shall be limited to a maximum of one hundred twenty (120) working
days. Employees who are absent without pay for any reason more than ten (10)
working days during a calendar month, shall not accumulate sick leave for that
month.
9.3 Holidays During Sick Leave:
Fo i ays an regular ays off occurring while an employee is on sick or special
leave shall not be charged against such employee's sick leave credits.
9.4 Pa ment for Unused Sick Leave:
Payment o fifty percent o of the unused sick leave is to be made to a regular
employee upon termination of employment. Such payment shall not exceed the
equivalent of sixty- (60) days' salary.
9.5 Termination of Sick Leave:
Sick leave shall automatically terminate on the date of retirement or on the date
upon which an ordinary disability allowance under the retirement system becomes
effective.
9.6 Sick Leave Notification and Proof of Illness:
In order to receive compensation while on sick leave, the employee shall notify
his/her immediate superior, prior to or at the time set for beginning his/her daily
duties, or as may be specified by the department head, of the reason for requiring
such leave and failure to reasonably do so may be grounds for denial of such
leave with pay.
9.7 Proof of Illness:
In any request for sick leave with pay for three (3) or more calendar days, the
department head may require a statement in writing signed by a licensed
physician, or the submission of the substantiating evidence that the employee is
incapacitated and unable to perform his duties. The Town has the right to
determine by reasonable means the validity of any sick leave usage by any
employee at any time.
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Section 10. Leave With Pay
The following provide for leave with pay:
10.1 Military Service:
i i ary eaves all be granted in accordance with State and Federal statutes.
10.2 Ju Du :
t the call of the Jury Commissioner, all employees occupying authorized regular
positions shall be allowed to leave for jury duty upon presentation of jury notice to
the department head or Town Manager. The employee shall receive full pay for
the time served on the jury. Monies received from the courts by the employee for
jury duty will be deposited with the Town of Tiburon.
10.3 Vacation Leave:
All regular employees occupying a position shown in the Annual Salary Program
become eligible for vacation leave with pay as shown in Section 11 below.
Section 11. Vacation
All regular employees occupying a position shown in the Annual Salary Program
become eligible for vacation leave with pay as shown below:
11.1 Vacation Leave Accrual:
Vacation leave wit pay shall be credited to all employees at the following rates:
First five (5) years service - one (1) day per month, or twelve (12) working days per
year.
Second five (5) year service - one and one-half (1-1/2) days per month, or
eighteen (18) working days per year.
Third five (5) years service - one and two-third (1-2/3) days per month or twenty
(20) working days per year.
The yearly vacation leave shall be pro-rated and credited to each employee's
account monthly.
11.2 Payment for Unused Vacation Time:
When an employee with six months service terminates, fractional periods of
vacation shall be calculated and credited to the employee's account.
Compensation will be at the employee's daily rate of pay.
11.3 Vacation Leave Accumulation:
Vacation leave or emp oyees with less than five (5) years service may not be
accumulated beyond twenty-five (25) days. For employees with more than five (5)
years service, vacation leave may not be accumulated beyond thirty-five (35) days
provided; the Town Manager may require two (2) of those weeks to be taken at a
separate timeEmployees who are on leave or suspension without pay for more
than ten (10) working days in any calendar month shall not accumulate vacation
leave for that month.
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11.4 Sickness During Vacation Leave:
Sickness occurring during vacation leave,
upon
doctor's certification, will be
considered sick leave and not be charged aga
inst va
cation leave.
11.5 Vacation Leave Schedulin :
Requests or vacation leave shall be submitted in
advance by the employee in
writing to the department head, who shall approve the time employees may take
their vacation.
Section 12. Salary
12.1 Effective July 1, 1998 salaries are to be increased by two percent (2%), and non-
safety positions will receive an additional one percent (1%). Monthly ranges for
each classification shall then be as follows:
TITLE A B
C
D E
Sergeant 3814 4005
4205
4415 4636
Officer 3264 3428
3599
3779 3968
Police Clerk 2164 2272
2386
2505 2631
C.S.O. (Hourly) 10.91 11.46
12.03
12.63 13.27
Effective January 1, 1999, salaries are to be increased
by On
e point Five percent (1.5%) as
follows:
TITLE A B
C
D E
Sergeant 3871 4065
4268
4481 4705
Officer 3313 3479
3653
3836 4027
Police Clerk 2197 2307
2422
2543 2670
C.S.O. (Hourly) 11.08 11.63
12.21
12.82 13.47
Effective July 1, 1999, salaries are to be increased by
Two
percent (2.0%) as follows and
effective July 1, 1999, the non-safety classifications
in the
bargaining unit will receive an
additional One Percent (1.0%) wage increase.
TITLE A B
C
D E
Sergeant 3949 4146
4353
4571 4800
Officer 3380 3549
3726
3912 4108
Police Clerk 2263 2376
2494
2619 2750
C.S.O. (Hourly) 11.41 11.98
12.58
13.21 13.87
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Effective January 1, 2000, salaries are to be increased by One point Five percent (1.5%) as
follows:
TITLE
A
B
C
D
E
Sergeant
4008
4208
4419
4640
4872
Officer
3430
3602
3782
39,71
4169
Police Clerk
2297
2411
2532
2659
2791
C.S.O. (Hourly)
11.58
12.16
12.77
13.41
14.08
Effective July 1, 2000, all of the above listed salaries will be increased by a percentage
equal to the percentage increase in the Consumer Price Index as measured from April
1999, to April 2000 (SF-Bay Area 82-84=100, Wage earners) up to a maximum increase
of four percent (4%). Notwithstanding the foregoing, in the event that the increase is less
than two percent (2%), the above listed salaries will be increased by two percent (2%).
Effective January 1, 2001, salaries are to be increased by One point Five percent (1.5%) as
follows:
12.2 Advancement Within Sala Range:
The following criteria shall apply to advancement within salary ranges of individual
employees who are on a step plan:
Step A: Employees shall be the minimum hiring rate.
Step B: Employees shall be eligible for advancement to Step B upon
completion of six (6) months employment, affirmation by the
department head that there has been satisfactory growth in the
service value of the employee, and approval of the Town Manager.
Additional Steps:
Employees shall be eligible for advancement upon completion of one
(1) year at the previous step, affirmation by the department head that
there has been satisfactory growth 'in the service value of the
employee, and approval of the Town Manager.
The Town Manager may increase an employee's salary on the basis of merit within
the range set forth. The Town Manager may also designate the salary rate or step
at which an employee is appointed.
Section 13. Overtime
13.1 Definition:
Authorized time worked in excess of forty (40) hours in one (1) week shall
constitute overtime. Time paid for but not worked such as paid sick leave and paid
holidays shall be included in the computation of said forty (40) hour workweek.
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13.2 Polic :
is the policy of the Town of Tiburon to keep overtime at a minimum consistent
with the protection of the lives and property of Tiburon citizens and the efficient
operation of the Department. Overtime must be authorized by the department
head and be in compliance with the overtime policy as set forth in the Town's
Personnel Rules and Regulations.
13.3 Overtime Pa :
ve ime pay shall be paid at the option of the employee based on the rate of pay
at time and one-half (1-1/2) or compensatory time of time and one-half (1-1/2) off.
13.4 Standby Time:
an y Time" is defined as that period of time an employee is required to leave
work where he/she may be contacted to return to work if needed within a
reasonable period of time. Standby time will be computed at .25 hours of each
hour of standby time (1 hr: 4hrs). Standby time will be compensated at straight
compensatory time off (CTO) only.
13.5 Court Time:
he minimum hours of compensation for court time on other than duty time shall
be four (4) hours. Court time shall be computed at the time and one-half (1-1/2)
rate and compensated as either compensatory time off or cash payment, at the
employee's choosing.
13.6 Call Back Time:
Any employee who has departed from his/her work location and is called back is
guaranteed a minimum of two (2) hours compensation. Employees who do not
receive twenty-four (24) hour advance notice of cancellation of department
scheduled non-emergency call back will receive call back time.
Section 14. Special Meal Allowance
14.1 Any police department employee directed to work twelve (12) or more continuous
hours by the department head in a twenty-four (24) hour period (commencing from
0001 to 2400 hours) without an eight (8) hour break, will be eligible for meal
reimbursement not to exceed Eight Dollars ($8.00).
14.2 A receipt must be obtained for any meals had or this allowance will be disallowed.
14.3 This allowance applies only to regular shift duty worked. This allowance
specifically excludes court time activity, range activity, standby activity, meetings,
or other non-regular shift duty.
Section 15. Education Incentive Program
15.1 Effective July 1, 1998, qualified employees hired after July 1, 1979, who became
eligible for the educational incentive program will be compensated by the fixed
monthly amount below:
Intermediate
Advanced
Certificate
Certificate
Police Sergeant $85.00
$140.00
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Police Officer $75.00 $125.00
Effective July 1, 1999, qualified employees hired after July 1, 1979, who became
eligible for the educational incentive program will be compensated by the fixed
monthly amount below:
Intermediate
Advanced
Certificate
Certificate
Police Sergeant $100.00
$155.00
Police Officer $90.00 $140.00
Section 16. Uniform Maintenance Allowance
In addition to the Department furnishing an adequate supply of uniforms and
required equipment to all employees the following uniform maintenance allowance
is hereby established:
16.1 All Sergeants and Police Officers who customarily and regularly wear uniforms
prescribed by the department head during scheduled duty hours shall receive a
uniform maintenance allowance of Five Hundred Dollars ($500.00) per year. Said
uniform maintenance allowance shall be paid at six (6) month intervals, no later
than 31 July for the period from January through June; and no later then 31
January for the period July through December each year.
16.2 Community Service Officers and Police Clerks who customarily and regularly wear
uniforms during scheduled duty hours shall receive a clothing maintenance
allowance of Three Hundred Fifty Dollars ($350.00) per year. Said clothing
maintenance allowance shall be paid at six (6) month intervals, no later than 31
July for the period from January through June; and no later then 31 January for the
period July through December each year.
Section 17. Special Pay
17.1 Thirty-five Dollars ($35.00) per month shall be paid to the person(s) assigned by
the department to provide the special services listed 'below:
1. Motorcycle Officer (1)
2. Juvenile Officer (1)
17.2 Person assigned as Field Training Officer (FTO) shall be paid an additional Five
Dollars ($5.00) per shift. No more than two (2) Field Training Officers shall be
assigned to any one (1) shift.
17.3 Appointment to the Police Corporal Position shall be made, when possible, from
the Police Sergeant promotional list. Should there be no promotional list, or there
are not enough names on the promotional list, appointment may be made at the
discretion of the Chief of Police. Appointment to the Police Corporal Position shall
be made for a period of one (1) year. Appointments may be renewable yearly.
Police Corporals shall be compensated at a premium pay of One Hundred
($100.00) Dollars per month.
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Section 18. Safety Equipment
18.1 The Town of Tiburon supplies safety equipment to its police personnel. All officers
shall possess and have immediately available for their use those items of safety
equipment issued and which are described by department regulations as follows:
Bullet Proof Vest
Sam brown duty belt
Firearm holster
Handcuff case
Baton ring
OC holder
Ammunition pouch
Firearm Sig. Sauer P226 9MM
Handcuffs
PR-24
Ammunition
Rain Gear
Riot helmet
Rain boots
C.P.R. Mask
Maglite
Portable radio belt swivel
Oleoresin Capsicum (OC)
Ear Protectors (For firearms range)
Helmet*
Leather Jacket*
Boots*
Trousers - Two pair*
Gloves*
*Motorcycle Officer only
18.2 Duty Footwear:
e own wi pay up to One Hundred Twenty-five Dollars ($125.00) each fiscal
year for duty footwear for personnel. Replacement shall be on as-needed basis,
as decided by the Town, but replacement shall not be unreasonably withheld.
Section 19. Seniority
19.1 Department Seniority:
1. Employees shall be placed on the Department seniority list in accordance with
their most recent date of hire.
2. When two (2) or more employees are assigned to the payroll on the same date,
seniority shall be given in accordance with their relative standing on the respective
eligibility list.
19.2 Classification-of Seniority:
1. Employees shall be placed on a classification seniority list in accordance with
their most recent date of appointment to the specific classification.
2. When two (2) or more employees are appointed or promoted to the same
classification on the same date, seniority shall be based upon their relative
standing on the respective eligibility list.
Section 20. Layoff Procedures
The appointing authority may layoff employees because of lack of work or lack of
funds requiring the reduction of the work force of the Town. An employee or
employees within a given job classification so released under this Section shall be
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laid off based upon seniority as defined in Section 19, with the least senior
employee the first to be released from Town employment. The name of any
employee so released shall be placed on an appropriate re-employment eligibility
list. Within ten (10) working days before the effective date, the Personnel Officer
shall notify the employee affected of the intended action, the effective date, and
the reasons therefore. Employees laid off pursuant to this Section shall not have
the right to appeal.
Section 21. Disciplinary Action
No discipline shall be imposed, other than emergency suspensions prior to the
conclusion of the opportunity to respond; any discipline then imposed shall be
effective after that time.
21.1 Disciplinary Procedure:
Any complaint against any police personnel shall be investigated with due
diligence and the investigations completed in a reasonable amount of time. The
police personnel against whom the complaint was filed shall be informed of the
outcome of the investigation as soon as possible after the investigation has been
completed.
All applicable laws, including, but not necessarily limited to Government Code
Sections 3300-3310 ("Peace Officers Bill of Rights") and also "Skelly" shall be
adhered to.
21.2 The employee shall be shown the documents or materials upon which the
disciplinary action is based; and if practical, he or she shall be supplied with a copy
of those documents.
21.3 After being given a reasonable opportunity to review the documents and materials
set forth in paragraph 1 and 2 above, the employee shall, within ten (10) days be
given the right to respond, either orally or in writing (at the option of the employee),
to the authority initially imposing discipline.
21.4 Per California Law, Officers may request in writing, the Chief of Police delete
complaints against them which arise from citizens five (5) years after the date of
the complaint. Further complaints against officers from department personnel may
be deleted per California law, by the Chief of Police at the written request of the
concerned officer two (2) years after the date of the.-complaint.
Section 22. Grievance Procedure
22.1 Informal Grievance Procedure:
Within five working ays of the event giving rise to a grievance, the grievant
shall present the grievance informally for disposition by the immediate supervisor,
or at any appropriate level of authority. Presentation of an informal grievance shall
be a prerequisite to the institution of a formal grievance.
22.2 Formal Grievance Procedure:
grievant believes that the grievance has not been redressed through the informal
grievance procedure within five (5) working days from the date of informally
presenting the event giving rise to a grievance to his immediate supervisor, he/she
may initiate a formal grievance within five (5) working days thereafter. A formal
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grievance can only be initiated by completing the filing with the department head a
memorandum. The memo shall contain:
1. Name(s) of grievant
2. Class
3. Title(s)
5. Mailing address(es)
6. A clear statement of the nature of the grievance (citing applicable
ordinance, rules or regulations, or contract language).
7. The date upon which the grievance occurred.
8. A proposed solution to the grievance.
9. The date of execution of the grievance form.
10. The signature of the grievant.
11. The name of the organization or individual, if any, representing the grievant
followed by the signature of the representative.
Ste 1
Within ten (10) working days after a formal grievance is filed, the department head
shall investigate the grievance and confer with the grievant in an attempt to resolve
the grievance and make a decision in writing.
Ste 2
If the grievance is not resolved in Step 1 to the satisfaction of the grievant,
he may, within not more than five (5) working days from his/her receipt of the
department head's decision, request consideration of the grievance by the Town
Manager by so notifying the Personnel Officer.
(b) within ten (10) working days after such notification, the Town Manager shall
investigate the grievance, confer with the persons affected and their
representatives to the extent he deems necessary, and renders a decision in
writing.
(c) The Town Manager shall advise the grievant, in writing, of his decision. If
the decision does not resolve the grievance to the satisfaction of the grievant, the
grievant may proceed to Step 3.
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If-the grievance is not resolved in Step 2, a final appeal may be filed, in writing,
with the Town Council not more than five (5) working days from the employee's
receipt of the--T-own Manager's decision. The Town Council shall, within thirty (30)
days of receiving the grievance, hear and decide upon the grievance. The
decision' is final and binding in all respects.
No employee shall, as a direct or proximate result of such grievance, suffer
dismissal from the services of the Town, transfer, demotion, reduction of salary, or
other disciplinary action unless it shall be determined by the Town Council that the
grievance was taken willfully and/or spitefully for purposes of disruption, with
intentional disregard of facts, to wrongfully embarrass the Town, its officers, and
employees, to disturb the public peace, health, safety, and welfare, or to serve
personal ends inimical to the public service.
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22.3 Aggrieved Employee Representation:
An aggrieve employee may a represented by any person or organization of
his/her choice at any stage of the proceedings.
22.4 Appeal:
Arregular employee may, within ten (10) calendar days after the effective date of
demotion, discharge, reduction in pay, or suspension, file a written appeal with the
Town Manager. The Town Manager may make whatever investigation of the
appeal he deems appropriate and make a finding within fifteen (15) calendar days.
If the employee is dissatisfied with such finding, within ten (10) calendar days, the
employee may file a written appeal with the Town Council. The Town Council
shall hold a hearing within thirty (30) calendar days thereafter. The Town Council
shall render its decision on the appeal within fifteen (15) calendar days following
the hearing and shall notify the employee in writing of its decision.
22.5 Suspension:
The epa ment head may suspend an employee without pay from his/her position
at any time for cause, not to exceed three (3) working days in any one (1)
suspension nor more than ten (10) working days in one (1) fiscal year. Such
suspensions shall be reported immediately to the Town Manager. The Town
Manager may suspend an employee for a period not to exceed thirty (30) working
days in any fiscal year.
22.6 Demotion:
e own Manager may demote an employee whose ability to perform the
required duties of his/her position fall below standards or for disciplinary purposes.
No employee shall be demoted to a position for which he/she does not possess
the minimum qualifications.
22.7 Reduction in Sala :
The appointing authority may, within the minimum and maximum salary range for
the position, reduce or decrease the salary level of an employee whose ability to
perform the required duties of his/her position falls below standard, or for
disciplinary purposes.
22.8 Discharge:
An -employee in the career service may be discharged for cause at any time by the
Town Manager. Any employee who has been discharged shall receive a written
statement of the reasons for such action at the time of discharge.
22.9 Cause of Discipline:
Disciplinary action may be taken for any causes listed in Section 19572 of the
Government Code or for any of the following:
1. Unauthorized absence.
2. The commission or conviction of any felony or any other crime involving
moral turpitude.
3. Disorderly conduct.
4. Incompetence of inefficiency.
5. Insubordination.
6 Intoxication while on duty.
7. Neglect of duty.
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1110-
8. Negligence or willful damage to public property or waste of public supplies
or equipment.
9. Violation of any lawful regulation or order made and given by a line
supervisor.
10. Willful violation of any of the provisions of the Ordinance of the Town, these
rules, or other promulgated by the Town Manager as Administrative Orders.
Section 23. Community Service Officers
23.1 For current salary schedule, see Section 12.
23.2 Any Community Service Officer directed to work more than eight (8) hours by the
Town Manager or department head in a twenty-four (24) hour period (commencing
from 001 to 2400 hours) without eight (8) hours off shall be entitled to a pay rate
equal to one and one-half (1-1/2) the regular pay rate earned by that Community
Service Officer. Under no circumstances can a Community Service Officer work
more than thirty-two (32) hours per week without for approval of the Town
Manager.
23.3 Sick leave shall be accruable by police department Community Service Officers at
the rate of one-half (1/2) day per month. Upon termination or resignation of
employment, no cash payment for any accrued sick leave shall be paid.
23.4 Vacation leave shall be accruable by police department Community Service
Officers at the rate of one-half (1/2) day per month.
23.5. Community Service Officers shall receive One Hundred Fifty Dollars ($150.00) per
month towards medical insurance.
Section 24. Fair Labor Standards Act
24.1 For police officers under the 7k exemption, a work period is fourteen (14) days.
Police officers may accumulate up to six (6) hours of compensatory time during the
work period prior to being paid overtime. Compensatory time shall not be
accumulated in excess of forty (40) hours.
24.2 The police clerks work week shall be seven (7) days or forty (40) hours, Sunday
through Saturday. All overtime earned may be either paid in cash or allowed to
accrue compensatory time in accordance with the Fair Labor Standards Act. All or
part of this Section shall be invalidated at such time as either a court of competent
jurisdiction and/or the Congress of the United States amends or modifies the act to
exclude all or some local government employees. - `W..
Section 25. Catastrophic Leave
The Town agrees to establish a Catastrophic Leave Bank to assist employees
who have exhausted accrued leave time due to a serious or catastrophic illness
or injury. The Time Bank will allow other bargaining unit employees to donate
time to the affected employee so that he/she can remain in a paid status for a
longer period of time, thus partially ameliorating the financial impact of the illness,
injury or condition.
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25.1 Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular full-
time employee who has passed his/her initial Town probationary period, 2) Have
sustained a life threatening or debilitating illness, injury or condition which may
require confirmation by a physician, 3) Have exhausted all accumulated paid
leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be
unable to return to work for at least thirty (30) days, and 5) Have applied for a
Leave of Absence Without Pay for medical reason.
25.2 Benefits
Accrued vacation and compensatory time off hours donated by other employees
will be converted to sick leave and credited to the receiving employee's sick
leave time balance on an hour-for-hour basis and shall be paid at the rate of pay
of the receiving employee. For as long as the receiving employee remains in a
paid status, seniority, and all other benefits will continue, with the exception of
sick leave, holiday, and vacation accrual. The total leave credits received by an
employee will not normally exceed three (3) months. However, if approved by
the Department Head and the Town Manager or their designees the total leave
credits may be extended on a case by case basis.
25.3 Guidelines For Donating Leave Credits To The Time Bank
a. Accrued vacation leave and compensatory time off may be donated
by any regular full-time employee who has completed his/her initial
Town probationary period.
b. Time donated will be converted from vacation or compensatory
time to sick leave hours and credited to the receiving employee's
sick leave balance on an hour-for-hour basis and shall be paid at
the rate of pay of the receiving employee.
C. The total amount of time donated to one employee by another
employee shall not exceed forty (40) hours. The total leave credits
received by the employee shall not normally exceed three months;
however, if approved by the Department Head, the Town Manager
-oT their designees may approve an extension to six (6) months total
time.
d. Initial leave time donations must be a minimum of eight (8) hours
and thereafter, in four (4) hour increments. An employee cannot
donate leave hours that would reduce his/her vacation balance to
less than forty (40) hours.
e. The use of donated leave hours will be in consecutive one shift
increments (i.e., eight (8) hours for a full-time employee working
five (5) eight (8) hour days/week).
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f. While an employee is on leave using donated leave hours, no
vacation, holiday, or sick leave hours will accrue.
g. Under all circumstances, time donations received by the employee
are forfeited once made. In the event that the receiving employee
does not use all transferred leave for the catastrophic illness/injury,
any balance will remain with that employee as sick leave until that
employee's separation from Town service.
h. Payment for unused sick leave at the time of termination of
employment, shall be in accordance with the Memorandum of
Understanding.
i. In accordance with IRS Ruling 90-29, leave transferred under such
arrangements will not be considered wages for the employee who
surrenders the leave and will therefore not be included in gross
income or subject to withholding. An employee who donated leave
incurs no deductible expense or loss either upon the donation or
use by the recipient.
Section 26. Full Understanding, Modification, Waiver
26.1 The parties agree that this Memorandum of Understanding sets forth the full and
entire understanding of the parties regarding the matters set forth herein.
26.2 Except as specifically otherwise provided herein, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its rights and agrees that the
other shall not be required to meet and confer with. respect to any subject or matter
covered herein, nor as to wages or fringe benefits during the period of the term of
this Memorandum. The foregoing shall not preclude the parties hereto from
meeting and conferring at any time during the term of this Agreement with respect
to any subject matter within the scope of the meeting and conferring for a
proposed Memorandum of Understanding between the parties to be effective on or
after 1 July 2001.
Section 27. Separability of Provisions
Should any provision of this Memorandum of Understanding be declared illegal by
final judgment of a court of competent jurisdiction, such invalidation of such
provisions shall not invalidate the remaining portions thereof, and such remaining
portions shall remain in full force and effect for the duration of the Memorandum of
Understanding.
Section 28. Maintenance of Benefits
All rights, privileges, and terms and conditions of employment in full force and
effect through the duration of the previous Memorandum of Understanding and not
in conflict herewith shall be part hereby and remain thereby until mutually modified
by the parties hereto.
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Section 29. Prevailing Rights
All matters within the scope of meeting and conferring that have previously been
adopted through rules, regulations, ordinance, or resolutions that are not
specifically superseded by this Memorandum of Understanding, shall remain in full
force and effect throughout the term of this Agreement.
Section 30. MISCELLANEOUS
At the request of the Town, the parties agree to meet and confer on any
modification of fringe benefits necessary to comply with the United States Internal
Revenue Services Section 125.
The Chief of Police and the TPA will meet regarding the feasibility of implementing
an alternate work schedule for the safety officers.
TIBURON POLICE ASSOCIATION
By
Date: 7-Z3 -~;'2
TOWN OF TIBURON
t
By
Date: A1111W
TIBPOAMOU 9-4-98
9-2-99 revision
APPROVED AS TO FORM
- ANN DANFORTH
TOWN ATTORNEY
TOWN OF TIBURON
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