HomeMy WebLinkAboutAgr 2012-07-01 (Tiburon Police Association - 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 Day of 2012.
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.
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
classifications of Chief of Police, Police Captain, Secretary, Emergency Services
Coordinator and Police Officer Trainee. 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 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/her 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, Town 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,
there shall be no discrimination because of age. There shall be no discrimination
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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, 2012 through June 30, 2015.
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.
The Tiburon Police Association shall submit their next contract proposal changes
to the Town Manager by no later than March 1, 2015. The Town shall commence
contract negotiations no later than 45 days following receipt of contract proposal.
Section 6. Medical/Dental/Life and LTD Benefits Plan
For hospital/medical insurance the Town shall contribute a dollar amount not to
exceed the Kaiser two-party premium. For dental insurance the Town will
contribute the dollar amount equal to the employee family premium. For life
insurance the town will contribute an amount equal to the premium of the Town's
group $15,000 term life insurance policy. Part-time employees shall receive a
prorated amount of this monthly allowance based on their full-time equivalence.
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 in Section 6 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.
6.2 Dental Insurance:
The Town of Tiburon offers its full-time employees and their dependents a dental
plan. Such insurance is mandatory for all full-time employees.
6.3 Life Insurance:
The Town of Tiburon offers a Fifteen Thousand Dollar ($15,000) life insurance
policy. Such insurance is mandatory for all full-time employees.
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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.
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
consult on any new plan before it is implemented.
Section 7. Retirement Program
7.1 Scope of Benefits:
The Town of Tiburon provides the 3% @ Age 55 Cal-PERS Local Safety
retirement formula for sworn personnel, and the 2% @ Age 55 Local
Miscellaneous retirement formula for full-time non-sworn personnel covered under
this Memorandum of Understanding. Part-time employees covered under this
Memorandum of Understanding shall accrue retirement benefits under the Town's
part-time, seasonal, temporary employee retirement plan administered by the
Hartford Life Insurance Company.
Effective July 1, 2013, the Town of Tiburon shall provide a second-tier retirement
program for employees hired on or after the effective date. The Town will provide
Local Safety members the CalPERS 2% @ 50 retirement formula using the
average three highest year's compensation. The Town will provide Local
Miscellaneous members the CalPERS 2% @ 60 retirement formula using the
average three highest year's compensation. All full-time employees hired after
July 1, 2013 shall pay the normal member contribution.
Effective July 1, 2010 each employee covered under the Local Safety 3% @ 55
coverage group shall pay their 9% normal member contribution. This employee
contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2),
which allows the contribution to be made on a pre-tax basis.
Effective July 1, 2010 each employee covered under the Local Miscellaneous 2%
@ 55 coverage group shall pay their 7% normal member contribution. This
employee contribution will be made pursuant to Internal Revenue Code (IRC)
414(h)(2), which allows the contribution to be made on a pre-tax basis.
Part-time employees contribute 3.75% to the part-time, seasonal, temporary
retirement plan, with the Town providing a matching contribution.
The Town of Tiburon provides sworn employees retirement benefits based on the
Cal-PERS three (3) year average salary calculation.
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The Town provides the single highest year retirement calculation for Local
Miscellaneous Members covered under this Memorandum.
The Town of Tiburon provides the following additional Cal-PERS benefits to
employees covered under this Memorandum of Understanding:
1. 1959 Survivors Benefits
2. Death Benefits - $600
3. Unused Sick Leave Service Credit
7.2 Paid Medical at Retirement
For full time employees hired into Association represented classifications prior to
September 19, 2001, the Town of Tiburon will contribute toward a retired
employee's medical insurance plan based on the following conditions:
1. The employee must retire directly from employment with the Town of Tiburon
and apply to PERS for service retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser single rate
that is in effect at the time of the employee's retirement. The allowance will be
remitted monthly from the Town to the retiree.
Should Kaiser no longer be provided through the Town's cafeteria program, a
similar low-cost HMO provided will be substituted.
3. The Town contribution rate is based on the following formula:
A. After 15 years service to the Town of Tiburon, the employee/retiree will
receive 50% of the value of the Kaiser single rate.
B. After 20 years service to the Town of Tiburon, the employee/retiree will
receive 75% of the value of the Kaiser single rate.
C. After 25 years service to the Town of Tiburon, the employee/retiree will
receive 100% of the value of the Kaiser single rate.
For full time employees hired into Association represented classifications after
September 19, 2001 but before July 1, 2010, the Town of Tiburon will contribute
toward a retired employee's medical insurance plan, based on the following
conditions:
1 The employee must retire directly from employment with the Town of Tiburon
and apply to PERS for service retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser single rate
that is in effect at the time of the employee's retirement. The allowance will be
remitted monthly from the Town to the retiree.
Should Kaiser no longer be provided through the Town's cafeteria program, a
similar low-cost HMO provided will be substituted.
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3. The Town contribution rate is based on the following formula:
A. After 15 years service to the Town of Tiburon and the accrual of 720 hours
sick leave, the employee/retiree will receive 50% of the value of the Kaiser
single rate.
B. After 20 years service to the Town of Tiburon and the accrual of 960 hours
of sick leave, the employee/retiree will receive 75% of the value of the
Kaiser single rate.
C. After 25 years service to the Town of Tiburon and the accrual of 1200 hours
of sick leave, the employee/retiree will receive 100% of the value of the
Kaiser single rate.
Any employee hired into an Association represented classification after July 1,
2010 will not be eligible to receive a paid medical allowance upon retirement,
irrespective of length of service.
7.3. Retirement Medical Trust
The Town of Tiburon agrees to establish a Retirement Medical Trust for voluntary
employee contributions. Such trust shall be established upon the Tiburon Police
Association meeting the selected administrator's minimum requirements.
Section 8. Holidays
8.1 In accordance with Government Code and the Town Personnel Rules and
Regulations, sworn personnel of the Town shall observe the following holidays 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
President's Day
Memorial Day
DATE OBSERVED
July4
1 st Monday in September
September 9
2nd Monday in October
November 11
4th Thursday in November
December 25
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
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In accordance with Government Code and the Town Personnel Rules and
Regulations, non-sworn personnel covered under this Memorandum of
Understanding shall observe the following holidays indicated below:
HOLIDAY
Independence Day
Labor Day
Veteran's Day
Thanksgiving
Day After Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
DATE OBSERVED
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in November
December 24
December 25
December 31
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
8.3 Payment for holidays to sworn personnel shall be made, at the employee's option,
as either eight (8) hours additional salary included in the pay period during which
the holiday falls or eight (8) hours additional vacation shall be added to the
employee's vacation accrual.
8.4 The position of Police Service Aide will receive the Holiday off and not the Holiday
pay.
Section 9. Sick Leave
9.1
Sick leave shall not be considered as a right which an employee may use at
his/her 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.
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 relation as defined in the Town's Personnel Rules &
Regulations.
5. Hospitalization of a close relation as defined in the Town's Personnel Rules &
Regulations or any member of the employee's household, where the Chief of
Police or his/her designee approves such leave.
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6. Care of a close relation as defined in the Town's Personnel Rules &
Regulations, or any member of the employee's household who is ill or injured,
though not hospitalized, where the Chief of Police or his/her designee 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 eight
(8) hours sick leave per month from date of hire until terminated or on leave
without pay. Employees hired on a part-time basis shall accrue a pro-rated share
of sick leave based on their full-time equivalent. 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:
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:
For each full-time classification represented by the Tiburon Police Association and
hired prior to September 19, 2001, an employee may receive payment of fifty
percent (50%) of the value of their unused sick leave up to a maximum of 480
hours if the following conditions are met:
1. The employee files for service retirement from the Town, or
2. The employee voluntarily separates from the Town and has at least fifteen (15)
years service with the Town.
Effective July 1, 2011, the cash value of this benefit will be determined based on
each employee's hourly rate and number of eligible hours for cash-out purposes
(50% of sick leave balance, up to 60 days or 480 hours). This value will be
documented and the value capped. This value cannot grow through additional
accrued sick leave or though increases in hourly pay rate. Employees with 15
years or more service with the Town may request a cash-out of 60% of the
eligible hours (early cash-out option). Should an employee request the early
cash-out of 60% of the eligible sick leave hours, they will not be entitled to any
further sick leave cash-out upon retirement or separation of employment with the
Town. Those hours cashed out will be deducted from the employees sick leave
balance. If an employee is not eligible for, or elects not to take, the early cash-
out option, they shall be paid the frozen dollar value upon separation of
employment with the Town. The only way the frozen dollar amount can be
lowered is if an employee has less accrued sick leave hours upon separation of
employment than they do on July 1, 2011. For tax planning purposes, should an
employee desire to take the early cash out option, they will be allowed to take
this payment in either 2011 or in January 2012. For purposes of providing
examples of this section, attached to this MOU is Exhibit "A.
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For each full-time classification represented by the Tiburon Police Association and
hired after September 19, 2001, an employee may accrue unlimited sick leave with
no option for payment of unused sick leave upon retirement or separation of
employment with the Town.
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 Chief of Police or his/her designee, 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 Chief
of Police or his/her designee 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/her 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 Chief of Police or his/her designee 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 are 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 full-employees at the following
rates:
First five (5) years service - eight (8) hours per month
Second five (5) year service - twelve (12) hours per month
Third five (5) years service - thirteen and one-third (13113) hours per month
Part-time employees hired into an Association represented classification shall
accrue the pro-rated share of vacation leave accumulation above based upon their
full-time equivalent.
Vacation leave shall be 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.
11.4 11.3 Vacation Leave Accumulation:
Vacation leave for employees with less than five (5) years service may not be
accumulated beyond two hundred hours. For employees with more than five (5)
years service, vacation leave may not be accumulated beyond two hundred and
eighty hours; providing the Town Manager may require two (2) of those weeks to
be taken at a separate time. 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.
11.5 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.
11.6 Vacation Leave Scheduling:
Requests for vacation leave shall be submitted in advance by the employee in
writing to the Chief of Police or his/her designee, who shall approve the time
employees may take their vacation.
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Section 12. Salary
On July 1, 2012, the monthly salary range for each represented classification is:
TITLE
A
B
C
D
E
Sergeant
6,677
7,010
7,361
7,729
8,115
Officer
5,574
5,852
65145
6,452
69775
Police Service Aide
4,013
47214
43424
4,646
4,878
Effective January 1,
2013, the
monthly
salary range
for each represented
classification shall be increased by 2.5%:
TITLE
A
B
C
D
E
Sergeant
6,775
7,132
7,507
73902
8,318
Officer
5,656
5,954
6,267
6,597
6,944
Police Service Aide
4,072
4,287
4,512
4,750
5,000
Effective January 1,
2014, the
monthly
salary range
for each represented
classification shall be increased by 2.0%:
TITLE
A
B
C
D
E
Sergeant
6,910
7,274
7,657
8,060
8,484
Officer
5,769
6,073
6,393
67729
7,083
Police Service Aide
4,154
47373
4,603
47845
51100
Effective January 1,
2015, the
monthly
salary range
for each represented
classification shall be increased by 2.0%:
TITLE
A
B
C
D
E
Sergeant
7,049
71420
7,810
8,221
8,654
Officer
5,885
6,194
6,520
6,864
71225
Police Service Aide
47237
41460
4,695
4,942
5,202
12.2 Advancement Within Salary Range:
The following criteria shall apply to advancement within salary ranges of individual
employees who are on a step plan:
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Step A: Employees generally shall be hired at Step A of their
respective pay range.
Step B: Employees shall be eligible for advancement to Step B upon
completion of six (6) months satisfactory performance as
documented by a written performance evaluation, affirmed by
the Chief of Police or his/her designee, and approved by the
Town Manager.
Additional Steps: Employees shall be eligible for advancement from Step B to
higher steps in their respective pay range after completion of
one (1) year satisfactory performance at the previous step as
documented by a written performance evaluation, affirmed by
the Chief of Police or his/her designee, and approved by the
Town Manager.
The Town Manager may increase an employee's salary on
the basis of exceptional merit within the employee's
respective pay range. The Town Manager may also
designate the salary rate or step at which an employee is
appointed.
Section 13. Longevity Pay
For the classifications of Police Officer and Police Sergeant, the Town will
recognize tenure in the form of longevity pay and will compensate employees by
the fixed monthly amount below:
Upon the completion of five (5) years service to the Town
$125
Upon completion of ten (10) years service to the Town
$150
Upon completion of fifteen (15) years service to the Town
$175
Upon completion of twenty (20) years service to the Town
$200
Section 14. Overtime
14.1 Definition:
For the classifications of Police Officer and Police Sergeant assigned to a 3/12
work schedule:
Authorized time worked in excess of eighty-four (84) hours in a fourteen day work
period. Time paid for but not worked such as paid sick leave, vacation leave and
comp time leave shall be included in the computation of said eighty-four (84) hour
work period.
For the classification of Police Service Aide:
Authorized time worked in excess of eighty (80) hours in a fourteen day work
period. Time paid for but not worked such as paid sick leave, vacation leave and
compensatory time leave shall be included in the computation of said eighty (80)
hour work period.
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Traditionally, the classification of Police Service Aide and precursor classifications
worked a traditional 5-40 work schedule. The Town implemented a 9-80 work
schedule in October 2003. The Town reserves the right to discontinue the 9-80
work schedule and return to the 5-40 work schedule in whole or in part at any time
during the length of this contract
14.2 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 Chief of Police
or his/her designee and be in compliance with the overtime policy as set forth in
the Town's Personnel Rules and Regulations.
14.3 Overtime Pay:
Overtime 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 at time and one-half (1-1/2) off.
14.4 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 (1 hr: 4hrs). Standby time will be compensated at straight
compensatory time off (CTO) only.
14.5 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.
For any employee who is subpoenaed to appear in court and such appearance is
cancelled, but not by 1800 hours the day before, said employee shall be credited
with 2 hours non-premium compensatory time.
14.6 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 15. Special Meal Allowance
15.1 For the classification of Police Officer and Police Sergeant directed to work a
special twelve (12) hour overtime shift will be eligible for meal reimbursement not
to exceed fifteen dollars ($15). This allowance applies only to a twelve (12) hour
shift that is not the employee's normal working shift. For the classification of Police
Service Aide directed to work twelve (12) or more continuous hours by the Chief of
Police or his/her designee in a twenty four (24) hour period (commencing from
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0100 to 2400 hours) without an eight hour break, will be eligible for meal
reimbursement not to exceed Fifteen Dollars ($15)
15.2 A receipt must be obtained for any meals purchased or this allowance will be
disallowed.
15.3 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 16. Education Incentive Program
16.1 For the classifications of Police Officer and Police Sergeant, the following
education/certification incentive program will be compensated by the fixed monthly
amount below:
Possession of POST Intermediate Certificate/Assoc of Arts/Science Degree $150
Possession of POST Advanced Certificate/Bachelor of Arts/Science Degree $200
Possession of POST Supervisory Certificate/Master of Arts/Science Degree $200
If an employee is eligible for more than one certificate/degree incentive pay, the
employee will be compensated at the higher rate, not the combined total.
Section 17. Tuition Reimbursement Program
Effective December 1, 2004, for each full-time classification represented by the
Tiburon Police Association, a tuition reimbursement program shall be offered for
the matriculation of an Associate or Bachelor's degree. Tuition reimbursement for
advanced degrees must be approved in advance by the Chief of Police and the
Town Manager.
The Town will reimburse costs up to $1,200 annually for the equivalent to the cost
of tuition, books and fees at California State University rates. To qualify for
reimbursement, employees must submit certified transcripts with evidence of a
grade of "C" or better from an accredited college or university and submit bona fide
receipts. Employees currently enrolled in an advanced degree program as of
December 1 „ 2004 shall not be subject to the annual $1,200 cap on tuition
reimbursement during the pursuit of the advanced degree currently enrolled.
The provisions of this section are suspended for the period July 1, 2011 through
June 30, 2012.
Section 18. Uniform Maintenance Allowance
The Town will provide an adequate supply of uniforms and pay for necessary
cleaning, as determined by the Chief of Police or his/her designee, for all
classifications covered under this MOU.
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Section 19. Special Pay
The Town shall compensate for the following specialty pays:
One hundred Dollars ($100) per month shall be paid to the person(s) assigned by
the department to provide the special services listed below:
1. Motorcycle Officer
2. Investigator/Juvenile Officer
In the event that the department eliminates the position of Investigator, the employee
assigned as the Juvenile Officer would receive the above specialty pay. In the event that
an officer other than the investigator is assigned to the Juvenile Officer position, that
officer would also be entitled to the above specialty pay.
19.2.1 Person assigned as Field Training Officer (FTO) shall be paid an additional Twenty
Dollars ($20) per shift. No more than two (2) Field Training Officers shall be
assigned to any one (1) shift.
19.2.2 Town shall provide bi-lingual pay of Ten Dollars ($10) per shift that bi-lingual
translation services are provided. In order to qualify for this pay, translation
services must be approved by the duty Sergeant or higher ranking management
position. Any employee wishing to be compensated for bi-lingual skills must first
pass a proficiency test that certifies the employee as fluent in such language. If an
employee certified in a foreign language is called at home to provide translation
services, said employee shall be eligible for a minimum of one hour overtime.
19.3 Shift Differential
Police Officers and Sergeants assigned to the 6:00 PM to 6:00 AM shift shall be
entitled to a One Hundred Twenty-five Dollars ($125) per month shift differential
Any Sergeant or Patrol Officer, who is normally assigned to either day shift or
cover shift and is assigned to work a graveyard shift in-lieu of their normal
schedule, shall be entitled to an $8.64 per shift differential.
Section 20. Safety Equipment
20.1 Safety Equipment
The Town of Tiburon shall supply safety equipment to its Police Officer and
Sergeant personnel. All Police Officers and Sergeants shall possess and have
immediately available for their use those items of safety equipment determined to
be necessary by the Chief of Police or his/her designee.
20.2 Duty Footwear:
The Town will 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 Chief of Police or his/her designee, but replacement shall not be
unreasonably withheld.
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Section 21. Hours of Work
21.1 Normal Work Schedule for Non-Sworn Personnel
The normal work schedule for employees occupying full time positions shall
consist of eighty (80) hours to be worked in a fourteen (14) day work period.
The normal workday for all non-sworn employees shall consist of not more than
nine (9) hours.
21.2 Normal Work Schedule for Sworn Personnel
Sworn personnel work in accordance with FLSA 7k work period exemption
consisting of fourteen (14) days commencing on Monday and ending fourteen (14)
days later on Sunday. A typical workday for Sergeants and Officers assigned to
patrol consists of twelve (12) hours per shift.
Typically, each shift will normally work three twelve (12) hour shifts, or thirty-six
(36) hours, followed by four (4) days off and will then work four (4) twelve (12) hour
shifts or forty-eight (48) hours, followed by three (3) days off, within a fourteen (14)
day work period. Typically, one team will work on Sunday, Monday, Tuesday and
every other Wednesday. Typically, the other team will work Thursday, Friday,
Saturday and every other Wednesday, dependent upon the needs of the
department.
Police Sergeants and Police Officers assigned to the above twelve (12) hour shift
schedule will be assigned twelve (12) hours of working time off during each six (6)
week period, as scheduled by the Chief of Police or his/her designee.
The following illustrates a typical work period:
WEEK 1
Sunday
Monday
J
Tuesday
Wed.
Thurs.
Friday
Saturday
ON
ON
ON
OFF
OFF
OFF
OFF
WEEK 2
Sunday
Monday
Tuesday
Wed.
Thurs.
Friday
Saturday
ON
ON
ON
ON
OFF
OFF
OFF
There are periods in which the need to augment personnel away from the above
illustrated typical shift occurs. Personnel may be designated to serve on various
shifts at the direction of the Police Chief or his/her designee at any time.
Scheduling of individual officers within the working schedule of shift rotation is
subject to change at any time. Changes may occur during periods of personnel
absence due to vacation, training, illness, injury, scheduling days off,
compensatory time.off, resignation or other unforeseen circumstances. Changes in
the typical work schedule may also occur as a result of special needs of the
department in order to address service to the community. Sworn personnel may be
assigned to work hours and/or days other than those listed above. An example
could be 1500 hours to 0300 hours and/or Tuesday, Wednesday and Thursday.
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Sworn patrol personnel will receive at least three (3) calendar days off between
scheduled work weeks. Except in times of emergency as defined by a supervising
officer, no Sergeant or Officer shall work more than twelve (12) hours on patrol
without an intervening break of at least eight (8) hours. Changes in the days or
hours of the regular work schedule of an employee shall entitle such employee to
regular overtime compensation at the rate on one and one-half (1 112) for any hours
worked outside the employee's regular work schedule unless the Town has posted
the change in the schedule seven (7) days prior to the change. No advance notice
to employees by the Town of shift change shall be required and no overtime shall
be paid when shift changes occur as a result of work related emergencies (i.e.,
multiple sicknesses, disabilities or injuries; an unplanned for vacancy or shortage
occurring less than seven (7) days in advance of the shift change).
Section 22. Seniority
22.1 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.
22.2 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 23. 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 22 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 24. Disciplinary Procedures and 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.
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24.1 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.
24.2 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.
24.3 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.
24.4 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.
24.5 Suspension:
The Chief of Police or his/her designee 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. Such suspensions shall be reported immediately to the
Town Manager.
24.6 Demotion:
The Chief of Police 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.
24.7 Reduction in Salary:
The Chief of Police, 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.
24.8 Discharge:
An employee in the career service may be discharged for cause at any time by the
Chief of Police. Any employee who has been discharged shall receive a written
statement of the reasons for such action at the time of discharge.
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24.9 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 or 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 25. Grievance Procedure
25.1 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.
25.2 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/her 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 Chief of Police or his/her designee a memorandum. The memo shall
contain:
1. Name(s) of grievant
2. Class
3. Title(s)
4. Mailing address(es)
5. A clear statement of the nature of the grievance (citing applicable
ordinance, rules or regulations, or contract language).
6. The date upon which the grievance occurred.
7. A proposed solution to the grievance.
8. The date of execution of the grievance form.
9. The signature of the grievant.
10. The name of the organization or individual, if any, representing the
grievant followed by the signature of the representative.
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Step 1
Within ten (10) working days after a formal grievance is filed, the Chief of Police
or his/her designee 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 Chief of Police or his/her designee'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/her
decision. If the decision does not resolve the grievance to the satisfaction of the
grievant, the grievant may proceed to Step 3.
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.
25.3 Aggrieved Employee Representation:
An aggrieved employee may be represented by any person or organization of
his/her choice at any stage of the proceedings.
25.4 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/she 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.
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Section 26. Fair Labor Standards Act
26.1 For police officers under the 7k exemption, a work period is fourteen (14) days.
Police officers may accumulate up to twelve (12) hours of compensatory time
during the work period prior to being paid overtime. Compensatory time shall
not be accumulated in excess of forty eight (48) hours. Effective July 1, 2009
this cap shall be increased to sixty (60) hours.
26.2 The police service aide's work schedule shall either be a 5/8 or 9/80 plan at the
discretion of the Police Chief or his/her designee. Overtime shall be paid for
hours worked in excess of their normal work schedule. 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 27. 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.
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 reasons.
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 a dollar-for-dollar basis and shall be paid to the recipient at
the donor's rate of pay. 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 Chief of Police or his/her designee and the Town Manager or his/her
designees the total leave credits may be extended on a case by case basis.
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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 dollar-for-dollar 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 the equivalent of forty (40) hours at the
recipient's rate of pay. The total leave credits received by the
employee shall not normally exceed three months; however, if
approved by the Chief of Police or his/her designee, the Town
Manager or his/her designees may approve an extension to six (6)
months total time.
d. Initial leave time donations must be a minimum of eight (8) hours at
the recipient's rate of pay 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).
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
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incurs no deductible expense or loss either upon the donation or
use by the recipient.
Section 28. Full Understanding, Modification, Waiver
28.1 The parties agree that this Memorandum of Understanding sets forth the full
and entire understanding of the parties regarding the matters set forth herein.
28.2 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 consult 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 2015.
Section 29. 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 30. Maintenance of Benefits
All rights, privileges, and
effect through the duration
in conflict herewith shall b
by the parties hereto.
Section 31. Prevailing Rights
terms and conditions of employment in full force and
of the previous Memorandum of Understanding and not
e part hereby and remain thereby until mutually modified
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 32. 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.
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TIBURON POLICE ASSOCIATION
TOWN OF TIBURON
MSlobo nik, Preside4-' Marga A. Curran, Town Manager
Tiburon Police Association - C9 ° ?v, Town of Tiburon
Date: 9 - (-0 ' 7- o' 2--
Date:
1
Approved as to Form
By
Ann R. Danforth
Town Attorney
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