HomeMy WebLinkAboutAgr 1994-07-01 (Tiburon Police Association/Town)MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF TIBURON
and
THE TIBURON POLICE ASSOCIATION
PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyer-
Milias-Brown Act, by and between the Town o Tiburon and the Tiburon
Police Association the day of , 1994.
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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 and Police 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 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
The Town shall, 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.
Section 2. Association Represented Emplovee Rights
2.1 The Association's 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 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 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
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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, 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:
This Agreement shall be in effect from July 1, 1994 through June 30, 1996.
5.2 Procedure for Meet and Confer:
The Town, 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.
Section 6. Hospital-Medical-Dental-Life Insurance
Effective July 1, 1992, 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 Nineteen Dollars and Fifty Cents
($419.50) 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:
The Town of Tiburon offers 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 ($419.50) 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.
6.2 Dental Insurance:
The Town of Tiburon 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 Town of 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 Town of 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.
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6.5 Change in Employee Benefit Plans:
From time to time, at its option, the 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 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.
1. Full 2% at 50 (Non-sworn employees - Full 2% at 60)
2. Final Compensation Average - 3 years
3. 1959 Survivors Benefits
4. Death Benefits - $500
5. Age 50 Discount Benefits
7.2 Contributions:
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.
Section 8. Holidays
8.1 In accordance with Government Code and the Town Personnel Rules and
Regulations, the following holidays shall be observed by the Town on the
dates indicated below:
HOLIDAY
Independence Day
Labor Day
Admissions Day
Columbus Day
Veterans Day
Thanksgiving
Christmas
New Year's Day
Martin Luther King Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
DATE OBSERVED
July 4
1st Monday in Sept.
September 9
October 13
November 11
4th Thursday in Nov.
December 25
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
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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 Beginning in 1996 for non-sworn employees, Lincoln's Birthday (February
12) will be observed on Christmas Eve (December 24) and Admissions Day
(September 9) will be observed on New Years Eve (December 31),
respectively.
8.5 Public Safety Clerk will receive the Holiday off and not the Holiday pay.
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.
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 such leave is approved by the department head.
6. Care of a close relative, or any member of the employee's household
who is ill or injured, though not hospitalized, where such leave is
approved by the department head.
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.
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9.3 Holidays During Sick Leave:
Holidays and regular days off occurring while an employee is on sick or
special leave shall not be charged against such employee's sick leave
credits.
9.4 Payment for Unused Sick Leave:
Payment of fifty percent (50%) 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 other 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.
Section 10. Leave With Pay
The following provide for leave with pay:
10.1 Military Service:
Military leave shall be granted in accordance with State and Federal
statutes.
10.2 Jury Duty:
At 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:
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11.1 Vacation Leave Accrual:
Vacation leave with 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 (6) 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 for employees 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, beyond thirty-five (35) days provided the Town
Manager may require two (2) of those weeks to be taken at a separate time.
Such maximum accumulation shall be reviewed only on December 31 of each
year. Any excess leave on record at that time will be forfeited unless an
extension of time has been approved by the department head and the Town
Manager. Employees 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.
11.4 Sickness During Vacation Leave:
Sickness occurring during vacation leave, upon doctor's certification,
will be considered sick leave and not be charged against vacation leave.
11.5 Vacation Leave Scheduling:
Requests for 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 The monthly range for each classification during the period July 1, 1994
to June 30, 1995 shall be as follows:
TITLE
A
B
C
D
E
Sergeant
$3399
$3569
$3747
$3935
$4132
Officer
2909
3054
3207
3366
3536
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Salary 6/30/95 Con't
TITLE A B C D E
Police Clerk 1910 2005 2105 2210 2321
C.S.O. (Hourly) 9.63 10.11 10.62 11.15 11.71
The monthly range for each classification during the period July 1, 1995
to June 30, 1996 shall be as follows:
TITLE
A
B
C
D
E
Sergeant
$3501
$3676
$3860
$4053
$4256
Officer
2996
3146
3303
3469
3642
Police Clerk
1967
2065
2168
2276
2391
C.S.O. (Hourly)
9.92
10.41
10.94
11.48
12.06
12.2 Lump Sum Distribution
Effective with the adoption of this Memorandum of Understanding by the
Town Council, each employee covered by this Memorandum of Understanding
shall be granted a one-time, lump sum distribution in an amount equivalent
to one percent (1%) of such employee's annual base salary.
12.3 Advancement Within Salary 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.
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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.
13.2 Policy:
It 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 Pay:
Overtime 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 at one-half (1/2)
off.
13.4 Standby Time:
"Standby 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 (lhr:4hrs). Standby time will be
compensated at straight compensatory time off (CTO) only.
13.5 Court Time:
The 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 24. 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.
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Section 15. Education Incentive Program
15.1 Qualified employees hired prior to July 1, 1979, shall be further
compensated under this program based upon the following formula:
1. 2 1/2% of monthly salary for intermediate POST Certificate holders.
2. 5% of monthly salary for advance POST certificate holders.
15.2 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
Certificate
Police Sergeant
Police Officer
$70.00
$60.00
Section 16. Uniform Maintenance Allowance
Advanced
Certificate
$125.00
$110.00
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 Four Hundred Dollars
($400.00) per year. Effective July 1, 1995, said uniform maintenance
allowance shall be Four Hundred Fifty Dollars ($450.00) 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 Two Hundred Seventy-five Dollars ($275.00) per
year. Effective July 1, 1995, said uniform maintenance allowance shall be
Three Hundred Dollars ($300.00) 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.
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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.
Section 18. Safety Equipment
18.1 Safety equipment is supplied by the Town of Tiburon 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
Firearm holster
Baton ring
Ammunition pouch
Handcuffs
Ammunition
Riot helmet
C.P.R. Mask
Portable radio belt swivel
Ear Protectors (For firearms range)
Helmet*
Boots*
Gloves*
*Motorcycle Officer only
Sam brown duty belt
Handcuff case
OC holder
Firearm Sig Sauer P226 9MM
PR-24
Rain Gear
Rain boots
Maglite
Oleoresin Capsicum (OC)
Leather Jacket*
Trousers - Two pair*
18.2 Duty Footwear:
The Town will pay up to One Hundred Twenty-five Dollars ($125.00) each
fiscal year for duty footwear for sworn 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.
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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 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.
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Section 22. Grievance Procedure
22.1 Informal Grievance Procedure:
Within five (5) working days 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:
If 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 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.
Step 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.
Step 2
(a) 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 render 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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Step 3
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 Town 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.
22.3 Aggrieved Employee Representation:
An aggrieved employee may be represented by any person or organization of
his/her choice at any stage of the proceedings.
22.4 Appeal:
A regular 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 department 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:
The Town 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 Salary:
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.
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22.8 Discharcxe:
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.
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 prior 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.
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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.
Section 25. Full Understanding, Modification, Waiver
25.1 The parties agree that this Memorandum of Understanding sets forth the
full and entire understanding of the parties regarding the matters set
forth herein.
25.2 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 1996.
25.3 The Town and the Tiburon Police Association agree to meet and confer (1)
to determine if a 125 IRS Cafeteria Plan is to be implemented and (2) to
conform the fringe benefit package, if necessary, to meet current IRS tax
deductible requirements.
Section 26. Separability of Provisions
Should any provision of this Memorandum of Understanding be declared
illegal by final judgement of a court of competent jurisdiction, such
invalidations 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 27. 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.
Section 28. Prevailing Rights
All matters within the scope of meeting and conferring that have
previously been adopted through rules, regulations, ordinance, or
resolutions which are not specifically superseded by this Memorandum of
Understanding, shall remain in full force and effect throughout the term
of this Agreement.
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Section 29. Opener
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.
TIBURON POLICE ASSOCIATION
By G~ ~ CIA'-~
TOWN OF TIBURON
sy?~
Date:
tibpoa.mou
8/4/94
Date:
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