TSA MOU 2026-2030 EXHIBIT A.PDF
Extracted text (via pymupdf)
87038 characters
.
MEMORANDUM OF UNDERSTANDING
between
THE TEMPE SUPERVISORS’ ASSOCIATION
and the
CITY OF TEMPE
July 1, 20261 – June 30, 203026
Amended:
May 26, 2022
May 17, 2024
June 5, 2025
Table of Contents
Preamble ....................................................................................................................................................................5
Article 1 – Definitions .................................................................................................................................................5
Article 2 - Proviso for Existing Benefits .......................................................................................................................6
1. Purpose ...............................................................................................................................................................6
2. Fiscal Crisis ..........................................................................................................................................................7
Article 3 - Rights of the City ........................................................................................................................................7
Article 4 - Rights of the Association ............................................................................................................................8
Article 5 - Rights of Unit Members .......................................................................................................................... 10
1. Right to Meet and Confer ................................................................................................................................ 10
2. Right to Representation .................................................................................................................................. 10
3. Right to Peer Support .................................................................................................................................. 1312
4. Right to File a Grievance .................................................................................................................................. 13
5. Right to Examine Personnel Files .................................................................................................................... 13
6. Labor Management Committees ..................................................................................................................... 13
7. Bidding on Vacancies ....................................................................................................................................... 14
8. Layoff Rights .................................................................................................................................................... 14
9. Job Descriptions ........................................................................................................................................... 1514
10. Defending Employees ................................................................................................................................ 1514
Article 6 – Wages ..................................................................................................................................................... 15
1. Salary Step Increases ....................................................................................................................................... 15
2. One-Time Cost of Living Bonus Payments ................................................................................................... 1716
3. Market Survey ............................................................................................................................................. 1716
4. Deferred Compensation .............................................................................................................................. 1917
5. Bilingual Pay ................................................................................................................................................. 1918
Article 7 – Hours and Overtime ........................................................................................................................... 2018
1. Shift Differential........................................................................................................................................... 2018
2. Stand-by Pay ................................................................................................................................................ 2018
3. Overtime ...................................................................................................................................................... 2019
4. Call-back Pay ................................................................................................................................................ 2019
5. Working Out of Classification ...................................................................................................................... 2119
6. Hours of Work ............................................................................................................................................ 2220
Article 8 – Vacation Leave ................................................................................................................................... 2321
1. Vacation Leave Accrual ................................................................................................................................ 2321
2. Maximum Accrual ........................................................................................................................................ 2321
3. Sabbatical .................................................................................................................................................... 2321
4. Additional Paid Leave Benefits .................................................................................................................... 2422
Article 9 – Holiday Leave ..................................................................................................................................... 2422
1. Recognized Holidays .................................................................................................................................... 2422
2. Holiday Pay .................................................................................................................................................. 2422
3. Overtime-exempt Employees ...................................................................................................................... 2422
4. Non-exempt Employees .............................................................................................................................. 2522
5. Designated Substitution for Holiday ........................................................................................................... 2523
6. Notice of Holiday Work Assignments .......................................................................................................... 2523
Article 10 – Medical Leave .................................................................................................................................. 2523
1. Medical Leave Accrual ................................................................................................................................. 2523
2. Medical Leave Use ....................................................................................................................................... 2523
3. Maximum Accrual and Cash-out ................................................................................................................. 2624
4. Resignation/Retirement Cash-out of Accrued Medical Leave .................................................................... 2624
Article 11 – Bereavement Leave ......................................................................................................................... 2624
Article 12 – Disability Leave ................................................................................................................................ 2725
1. Compassionate Leave .................................................................................................................................. 2725
2. Supplemental Family Medical Leave ........................................................................................................... 2725
3. FMLA Leave .................................................................................................................................................. 2725
Article 13 – Industrial Leave ................................................................................................................................ 2725
Article 14 – Health Insurance .............................................................................................................................. 2826
Article 15 – Life Insurance ................................................................................................................................... 2826
Article 16 – Light Duty ......................................................................................................................................... 2926
Article 17 – Mediflex ........................................................................................................................................... 2927
Article 18 – Uniforms and Equipment ................................................................................................................. 2927
Article 19 – Tuition Reimbursement ................................................................................................................... 3028
Article 20 – Procedures for Alleged Breach of MOU ........................................................................................... 3128
1. Purpose ...................................................................................................................................................... 3128
2. Definitions .................................................................................................................................................. 3128
3. Procedures ................................................................................................................................................... 3129
4. Steps .......................................................................................................................................................... 3229
5. Advisory Arbitration ................................................................................................................................... 3230
6. Appeal to the Mayor and City Council ....................................................................................................... 3331
7. Miscellaneous ............................................................................................................................................ 3331
Article 21 – Complete Agreement ....................................................................................................................... 3431
Article 22 – Term and Effect ................................................................................................................................ 3432
5
Preamble
This Memorandum of Understanding (MOU) is made and entered into between the City of Tempe,
Arizona, hereinafter referred to as “City,” and the Tempe Supervisors’ Association, hereinafter
referred to as “Association,” under the authority of Tempe City Code 2-400 et seq.
WHEREAS the Parties, through their designated representatives, met and conferred in good faith
pursuant to Tempe City Code 2-400 et seq. in order to reach agreement concerning wages, hours,
and working conditions of employees in the Association.
NOW THEREFORE, it is agreed that this MOU shall be submitted to the City Council of the City of
Tempe for its consideration.
Article 1 – Definitions
For the purposes of this MOU, the following definitions shall apply:
“Unit Member”
A City employee identified in Section 2-401(a)(5) of the Tempe City Code.
“Work Unit”
A reference to the entire group of City employees represented by the
Association.
“Breach”
An alleged violation of the provisions outlined in this MOU. “Grievance”
A specific alleged violation of City Personnel Rules initiated by or on behalf
of an individual. The process for initiating a grievance is outlined in City
Personnel Rules; Rule 4, Section 407. G.3.
“Continuous Service” Where the phrase “continuous service” is used to define employee benefits in
this document, employees reinstated within one year of their resignation date
are considered to have continuous service for purposes of determining those
benefits.
6
Article 2 - Proviso for Existing Benefits
1. Purpose
For the purpose of expediting the Meet and Confer process leading to agreement on an MOU, the
Parties agree to the following Proviso which shall expire on June 30, 2026, unless renewed in writing
by subsequent action of the Parties:
a. The parties agree and Tempe City Code 2-400 et. seq. confirms that in the event of
a conflict between the City of Tempe Personnel Rules, Department General and
Operations Orders, attachments thereto, other Council approved programs, and
this MOU, the MOU shall apply to the conflicting issue. If there is no conflict
between the above referenced documents, the parties are governed by the
Personnel Rules, Department General and Operations Orders, attachments
thereto and other Council approved programs. In the event all such formerly
referenced documents are silent on a particular issue, the City Manager and/or
designee shall retain the right to exercise judgment on all such matters.
b. If, during the term of this Agreement, the City anticipates a substantive change
in the benefits not included in this MOU, but provided to Unit Members
through the City of Tempe Personnel Rules and attachments thereto,
Administrative Memorandum and other Council approved programs, the City
shall meet with the Association, explain the reasons for the change, discuss
the potential impact of such changes prior to making such changes, and allow
the Association to propose alternatives to the changes.
c. If the City intends to provide additional benefits to Unit Members, any such
additional benefits will be discussed with the Association President prior to
implementation.
d. The referencing of the Personnel Rules and other such policies and procedures
herein does not make them an extension of this MOU. Therefore, the process for
an alleged breach of this MOU as contained in Tempe City Code 2-400 et. seq. or
any procedure agreed to by the parties for resolving allegations of an alleged
breach of this MOU, shall not be applicable under the proviso for existing benefits.
e. Any benefit provided by outside vendors (such as health insurance), and subject
to cost increases outside the City’s control, may cause a re-opening of this
contract for purposes of the affected benefit only. This negotiation process will
exclude fact-finding.
7
2. Fiscal Crisis
If, during the term of this MOU, the City of Tempe experiences loss of revenues or legal
requirements, that if not resolved during the budget year would result in the layoff of employees or
the serious curtailment of City services provided to the residents of Tempe, this MOU may be
reopened. This provision shall only apply if the general population of employees is subject to the
same or greater reduction of pay or benefits negotiated as a result of this re-opener provision. The
following provisions shall apply to this circumstance:
a. The City shall notify the Association President in writing of the need to
reopen this MOU. Such notice shall include the reasons for the reopening and the
anticipated amount of citywide budget shortfall that needs to be resolved
in order to alleviate the need to lay off employees or severely curtail City
services provided to the residents of Tempe.
b. The City shall supply the President with all available current budget
information including, but not limited to, projected revenue shortfalls.
c. The parties shall meet and confer/negotiate in a good faith effort to reach
agreement on what, if any reduction in pay and/or benefits shall occur for Unit
Members in order to address the City’s budget shortfall.
d. The meet and confer/negotiation process will be for a period of no more than
thirty (30) calendar days. During this thirty (30) day period, the parties shall meet
at least weekly unless mutually agreed otherwise.
e. If the parties are unable to reach an agreement on the issues identified for this
process, the issues will be submitted directly to the City Council which shall make
a final determination. The determination of the City Council shall be final and
binding on the parties.
Article 3 - Rights of the City
1. The Association recognizes that the City has statutory and Charter rights and obligations in
contracting for matters relating to municipal operations. This MOU shall not limit that authority
in any manner unless such limitation is expressly provided for by the specific terms of this MOU.
There shall be no implied limitations on the rights of the City. In the event this MOU, the City
Personnel Rules, other City Council approved programs, and/or the Department's General and
Operations Orders are silent regarding a particular issue, the City Manager, or designees shall
retain the right to exercise judgment on such matter.
2. The Parties, in partnership, pledge cooperation in increasing inter/departmental efficiency and
effectiveness. The Association agrees to cooperate with the efforts of the city to increase the
diversity of the workforce.
8
3. The City and the department directors/office administrators have the responsibility and
authority to schedule work and/or overtime in the manner most advantageous to the City; to
discipline or discharge employees pursuant to the City Personnel Rules (all disciplinary appeals
are outside the procedure for an alleged breach contained in this MOU and Tempe City Code 2-
400 et. seq.); to hire, promote, reclassify, layoff and recall employees; to determine assignments
and establish methods and processes by which assignments are performed; to transfer
employees within the Department in a manner most advantageous to the City, determine the
methods or means by which operations and services are delivered; maintain the efficiency of
City government in emergencies; and manage all matters not specifically prohibited by this
MOU.
4. The inherent and express rights of the City, including those herein specifically referred to, which
are not expressly modified or restricted by a specific provision of this MOU, are not in any way,
directly or indirectly, subject to the alleged breach procedure contained herein and in the City
Ordinance.
5. The enumeration of the above rights and those in the Tempe City Code 2-400 et. seq., are
illustrative only and is not to be construed as being all-inclusive.
Article 4 - Rights of the Association
1. The Association, as the authorized representative of its Members, has the exclusive right to
serve as the meet and confer representative of all employees in the Work Unit as described in
this MOU.
2. The Association may designate Association Representatives and shall notify the City and
department directors/office administrators of such designations. Following an election or
appointment of new officers of the Association, the new officers will consult with their
department directors/office administrators and the parties will mutually arrange any necessary
scheduling or workload adjustments to allow such officers to conduct Association-related
business as provided by this section.
3. During the term of this Memorandum of Understanding, Association Representatives shall be
released from duty with full pay when participating in any City-directed meeting or other event
where the City has requested that a union representative be in attendance. Association
Representatives will also be released from duty with full pay to participate in any committee or
task force established by this MOU as City Business. Definitions and process for documenting
City business will be outlined in the City’s Union Leave Guideline.
The policies governing the use and administration of these hours will be outlined in the Union
Leave Guideline which shall be adopted upon the mutual consent of both Association and the
City, and shall be in compliance with all federal, state, and local laws. Any release time to
conduct Association-related business not covered by City Business is unpaid unless covered by
donated leave time from association members, to be called Union Business. The donation
9
procedures will be established by the City’s Union Leave Guideline. Time will not be authorized if
it results in overtime for the employee utilizing the time or if it creates any operational problem
for the Department. No such limitation will apply to the use of Union Business time for Executive
Board members, with the exception of a health or safety related operational emergency.
Executive Board Members of the Association will be released from duty to conduct/attend up
to twelve (12) Executive Board meetings and up to twelve (12) Association meetings, with a
maximum duration of four (4) hours each, during each year of the MOU.
Association Representatives will also be released from duty to attend up to twelve (12)
Association meetings, with a maximum duration of four (4) hours each, during each year of the
MOU.
4. Unit Members and/or Association Representatives who conduct Association business or
participate in meetings covered by this Article at times other than their normal work shift shall
not receive compensation and said hours are not considered time worked for the purpose of
computing overtime.
5. When requested, the City shall furnish to the Association a listing of Unit Members on City
payroll deduction for Association dues. The Association agrees to use this list solely for
purposes of communicating with Unit Members and will not share this information with other
individuals or organizations. The city will also provide names of Unit members who have
terminated employment or transferred into positions that are not part of the work unit.
6. The City agrees, in conformity with Tempe City Code 2-400 et. seq., to deduct an amount
specified in writing by the Unit Member through TSA and transmit such amount to the
Association each pay period. Such deductions shall be made only when the Unit Member's
earnings for such pay period are sufficient after other legally required deductions are made.
The Association reserves the right to increase the amount withheld for all unit members
pursuant to a generalized dues increase. Unit Members may initiate, discontinue, or amend
payroll deductions at any time so long as it is approved by TSA and in compliance with their
bylaws.
7. The City will deduct Floating Holiday Leave hours from an employee’s leave bank at the request
of TSA for new members and at the time intervals outlined in the UB Guideline, which shall be
no less than quarterly.
7. The City e-mail system will not be used for Association business. However, The Association
President or his/her designee may use City e-mail to distribute information to Unit Members,
newsletters, elections, and other communications and notice of Association meetings and
agendas may be posted in the “City Information” or similar employee information folder.
Additional exceptions may be made on a case-by-case basis with prior approval of the City
Manager.
10
8. The City shall provide bulletin boards in each work location for the exclusive use of the
Association. The bulletin boards shall be readily available to Unit Members. The Association
agrees that material posted on the boards will not be derogatory toward any person or the
Association, or critical of City leaders or City management and/or their policies/decisions.
9. The Association will be allowed to talk to all new supervisors solely to explain the rights and
benefits of employment under the MOU. The association shall be allowed to provide new
supervisory employees with information, such as an orientation packet, at the Connect
Orientation. The City shall provide the association with a monthly list of all newly eligible TSA
members.
10. Upon request from the Association President, the City shall provide the Association with City e-
mail distribution lists for all Unit Members and association members. The City will also provide a
link to the Tempe Supervisors’ Association web site from the City of Tempe Human Resources
web page, upon request from the Association President.
11. The Association and the City agree to work together to develop and provide relevant training
and education on labor-management issues in an effort to assist unit members to understand
the resources and support available in fulfilling their roles as supervisors.
12. By mutual agreement it has been determined that employee parking qualifies as a benefit
and/or working condition. The Association shall have the right to participate in meetings with
management where changes to employee parking are being discussed. The City agrees to
review and consider input from Association Representatives regarding changes to employee
parking. The City shall notify the Association of any change regarding employee parking no less
than 30 days prior to the effective date of the change.
13. For the duration of this agreement, TSA Officers may reserve existing City Conference rooms
and use Microsoft Teams or other virtual resources to conduct meetings related to Union
Business.
Article 5 - Rights of Unit Members
1. Right to Meet and Confer
All Unit Members have the right to have the Association serve as their exclusive "meet and confer"
representative for the purposes designated in Tempe City Code 2-400 Et.Seq.
2. Right to Representation
Unit Members have the right to be represented by the Association, as defined in
City Code 2-400 et. seq., in dealings with the City.
11
a. Unit Members have the right to be represented by the Association at any
meeting which could or will result in disciplinary action being taken against that
Unit Member, any meeting involving work-related counseling for that Unit
Member, or any meeting related to a grievance filed by that Unit Member.
The Unit Member will have a reasonable amount of time to obtain Association
representation, no less than three (3) full weekday workdays from the time of
notification by management of the intent to hold such a meeting. If a TSA
representative is not available, the department will offer alternate times. The
department is not obligated to provide more than a five (5) workday notice from
the time the employee is first notified of the intent to hold the meeting.
b. Any Unit Member under investigation for a matter that may lead to a suspension,
disciplinary pay reduction, demotion, or termination, and who is interviewed,
shall be given a written notice of the investigation no less than three (3) full
weekday workdays prior to the interview. The unit member under investigation
or TSA may mechanically or audio record such an interview. If the Unit Member
or TSA chooses to audio record the interview, they must notify the interviewer
and provide a copy of the recording to the City within 3 business days. If the City
chooses to audio record an interview, they shall provide notice to the Unit
Member and provide a copy of the recording to the Unit member upon request.
c. For any scheduled interview, the Unit Member has the right to bring an Association
Representative. The City will inform the Unit Member of this right. If the City
intends to have legal counsel attend the interview, the City shall inform the
employee at the time of the interview notice. TSA may request to provide legal
counsel to the Unit member at that interview.
d. The City reserves the right to interview a Unit Member without Association
representation if the matter involves immediate serious safety concerns for the
Unit Member, other employees or the public, and no Association Representative
is readily available.
e. The interview session shall be a reasonable period of time, taking into
consideration the gravity and complexity of the misconduct being investigated.
f. If an investigation is warranted, investigations must be completed within 120 days
unless the delay is caused by the employee or TSA. An extension can be granted
by the Human Resources Director due to extraneous circumstances, which may
include complexity of the investigation, parallel criminal investigation, etc. TSA
will be notified of such circumstances in writing. The 120-day timeline starts at
the time the City becomes aware of an alleged violation.
g. During the course of the investigation the investigator shall not intentionally,
12
carelessly or recklessly misrepresent any fact or material issue to the Unit
Member. Nor will the Unit Member do so to the investigator.
h. A Unit Member under investigation will be notified in writing every month as to
the current status of the investigation. This will include a brief description of the
number of known witnesses still to be interviewed and other investigative
processes remaining to be completed, as well as an estimated date of
completion.
i. Departments must fully complete a Part I and provide it to the employee within
30 calendar days of the incident or within 30 calendar days from the time the City
first became aware of the incident. Extensions shall be approved by the
department director and Human Resources Director. The TSA President shall be
notified of the extension and the reason.
j. At the time of the scheduled meeting for the Part I the investigator or
department supervisor or other City employee shall make available for review to
the Unit Member and/or the representative any material that is being used
as a basis for the allegation of misconduct. If all material is not available
during the initial Part I meeting as determined by Human Resources, the five
(5) workdays to complete the Part II response will restart upon receipt of the
additional documentation. Material includes any video, audio, photographs,
or documents written by a complainant, witness, or investigative lead that
may be included in the investigation unless doing so would compromise a safe
haven. The Unit Member or TSA may request additional documents beyond
those provided with the Part I that would assist the Unit Member in their Part
II response. The Department should consider a reasonable request for
additional documents when considering a Part II extension.
k. Unit members will be provided with a minimum of five (5) working days to
submit a Part II response. The member, or the association on behalf of the
member, may request an extension from the supervisor overseeing the
disciplinary process. If the Department denies an extension, TSA may appeal the
denial to Human Resources. The appeal must be requested within 24 hours of
the denial.
The use of requested Union Business (UB) time of up to 120 minutes by a Unit
Employee to work on a Part II response in coordination with a union
representative will not be unreasonably denied by the employee’s supervisor.
l. The Part III must be completed and provided to the employee within 30 calendar
days of the employee’s receipt of the Part I. Exceptions shall be approved by the
department director and Human Resources Director. TSA shall be notified of any
extensions to the Part III.
13
m. The City agrees to follow the guidelines established in the Personnel Rules and
Disciplinary Process Guideline for any disciplinary process and agrees to follow
the principles of progressive discipline, just cause and due process in the
disciplinary process in a timely manner. Unit Employees may attach rebuttal
statements to the Part III.
3. Right to Peer Support
Unit Members have the right to have another Unit Member present during any meeting which
could result in disciplinary action being taken by the supervisor.
4. Right to File a Grievance
Unit Members have the right to present their own grievance, in person or by an Association
representative or other regular employee representative.
a. The Association maintains the right to be present during any meeting
regarding an alleged breach of the MOU. No person other than the
Association President may reach a written agreement with the City that
interprets or alters the rights or benefits covered under this MOU.
5. Right to Examine Personnel Files
Any Unit Member covered hereunder shall, on his/her request and by appointment, be
permitted to examine his/her supervisor's working file, and Department and/or Human
Resources' personnel file within three (3) business days from the request.
a. A Unit Member may, at his/her discretion, attach rebuttal statements to any
material contained in his/her supervisor’s or personnel file that may be
adverse in nature.
b. With the written permission of the Unit Member, an Association Representative
may review the Unit Member’s personnel file(s) when in the presence of a
Department representative and obtain copies of the contents upon request.
Copying fees shall be consistent with the City’s public records request fee
schedule.
6. Labor Management Committees
a. There shall be a citywide Labor-Management Committee consisting of all
Union/Association representatives and representatives of the City. The purpose
of the Committee is to facilitate positive labor-management relationships by
providing a forum for the free discussion of mutual concerns and problems,
which may include discussion of the implementation of major new City programs
14
or substantial modifications of existing major City programs that will have a
significant impact on service delivery, work schedules, or duties.
b. In each Department of the City with Association membership, there shall be a
Departmental Labor-Management Committee consisting of an equal number of
representatives of the Association and representatives of the Department. The
number of representatives and agenda of the meetings shall be mutually agreed
on by the Association and Department.
c. The Committees shall meet monthly or bi-monthly at mutually scheduled
times, and at any other mutually scheduled time.
7. Bidding on Vacancies
a. When the City seeks to fill a regular permanent or a regular part-time vacancy, the
City will make Unit Members aware of those vacancies through the posting of
vacancies, including shift, hours, position, assignments, days off and work location,
to be posted for at least two (2) weeks, unless mutually agreed otherwise, in the
Department’s office, on official bulletin boards, and at other mutually agreed upon
locations.
b. Bidding for shifts or work locations for all most Unit Members shall will be
based on seniority, defined as the length of continuous regular benefitted
service, including pro-rated part-time regular benefitted service, with the City
of Tempe. Upon the written request of the Association, the City or any
Department shall negotiate with the Association to establish or revise a
bidding procedure. The determination of the bidding procedure shall be by
mutual agreement between the Association and the impacted department.
Such procedure shall be in compliance with all state and federal laws.
Due to the complexity and need for flexibility in assignments in the Tempe
Police Department, the process for assigning Lieutenants to special
assignments will be conducted in accordance with current departmental policy
which may or may not account for seniority. Lieutenants assigned to the
Patrol Division will use seniority. If the department chooses to revise the
procedures in the future, they shall do so in consultation with TSA.
c. The issues of requirements and processes for career advancement of Unit
Members shall be considered by established Labor-Management Committees.
8. Layoff Rights
Section 305.D of the Personnel Rules outlines layoff procedures and bumping rights. In the event
during the term of this agreement the City anticipates a situation such as a loss of revenues that
could result in the layoff of Unit Members, the City agrees to follow the guidelines of the layoff policy
15
as established in the current Personnel Rules. Bumping rights and the process for displaced
employees will be administered in accordance with the Personnel Rules. The least senior employee
in a job classification identified for reduction will be laid off first. Seniority will determine an
employee’s eligibility for bumping. However, seniority will remain a factor when making layoff
decisions.For the purpose of this agreement, seniority shall be defined as the length of continuous
service with the City of Tempe, as defined by the City’s Personnel Rules.
Unit Members who believe they were selected for layoff due to any reason other than seniority may
appeal their selection through their department director as established in the City’s layoff policy.
The City shall notify the Association of its intent to lay off Unit Members and shall discuss alternatives
with the Association no less than 90 days prior to the layoffs
9. Job Descriptions
The City agrees to review, with Association Representatives, any substantial changes in job duties
and/or any proposed changes to the “Examples of Duties” and/or the “Experience and Training
Guidelines” for any job descriptions of Unit Members, at least 20 days prior to implementation.
The City also agrees to provide a copy of substantial changes to all United Arizona Employees
Association (UAEA) job descriptions to TSA Association Representatives at least 20 days prior to
implementation.
10. Defending Employees
The City will continue its practice of defending TSA members (as it has all other employees) against
third party claims for monetary damages in circumstances where the City is vicariously liable for the
acts of TSA members committed within the scope of their employment.
Article 6 – Wages
1. Salary Step Increases
a. The City shall provide step increases (percentage increases to base salary) for all Unit Employees
who have not reached the maximum salary of their current salary range based on the pay structure
implemented pursuant to the 2025 classification and compensation study. The step advancement
will occur on the time in position date established during the study. the schedule below. The City
agrees to increase the bottom of each Unit positions’ salary range by 0.5% at the beginning of FY 21-
22, FY22-23, FY23-24, and FY24-25. As a result of this adjustment, each Unit Employee will receive a
0.5% increase to their salary in the first pay period ending in July for those corresponding years.
16
July 2021 up to 3.5% effective the first pay period ending in July of 2021.
3.0% step increase
0.5% salary range adjustment increase
July 2022 up to 3.5% effective the first pay period ending in July of 2022.
3.0% step increase
0.5% salary range adjustment increase
July 2023 up to 3.5% effective the first pay period ending in July of 2023.
3.0% step increase
0.5% salary range adjustment increase
July 2024 up to 3.5% effective the first pay period ending in July of 2024.
3.0% step increase
0.5% salary range adjustment increase
July 2025 up to 3.0% step increase effective the first pay period ending in July of
2025.
No step and salary range adjustment increase employees shall exceed their salary range maximum.
b. All salary step increases will be effective the first pay period ending in July of
each year.
c. A Unit Member’s base salary shall be at least 7.5% higher than the base salary of
any employee that he/she directly supervises on a regular basis so long as they do
not exceed the maximum step of their grade. This shall always be achieved by
increasing the supervisor’s pay, so long as they do not exceed the maximum step
of their grade. The 7.5% will not affect the step on the salary structure of the
employee, but a variable percentage differential will be paid to maintain the 7.5%.
This differential could increase, decrease, or be removed entirely depending on
the salaries of the employees supervised.
d. Effective two pay periods following the salary step increases in July 2022, July 2023,
and July 2024, an additional cost of living adjustment will be provided to Unit
Members who were eligible to receive the salary step increase in that year.
2022 – 3%
2023 – 2%
2024 – 1%
Unit Members will receive the designated percentage in a salary step increase.
Unit Members who are at the salary range maximum will receive a one-time
17
bonus equal to that percentage. Unit Members who receive a partial step increase
will receive the remaining amount in a one-time bonus. For example, in 2022, if
an employee is 1.3% from the top of their salary range maximum, they will receive
a 1.3% salary step and a 1.7% one-time bonus.
2. One-Time Cost of Living Bonus Payments
Employees who are at the top step of their grade shall receive an annual 2.5% bonus of their base
pay on their time in position date, in lieu of an increase.
a. In July of each year of the MOU, the city shall provide a one-time cost of
living bonus payment as detailed in the table in Section 3 of this Article to Unit
Members who do not receive a step increase because their salary is at the salary
range maximum.
b. In July of each year of the MOU, Unit employees who reach their salary range
maximum as a result of a partial salary step increase will receive a one-time cost of
living bonus payment as detailed in the table in Section 3 of this Article reduced by
the percentage increase received to reach their salary range maximum.
For example, for July 2021, an employee who received a .5% salary step to reach
the top of their range would also receive a 2.0% one-time bonus; an employee
who is 2.7% away from the salary range maximum will receive a 2.7% step increase
and no (0%) one-time bonus.
3. Market Survey
The City implemented the results of a comprehensive classificaƟon and compensaƟon study on July
1, 2025. The City commits to hiring a third-party to provide any necessary adjustments to the
overall salary structure in 2027 and 2029 to keep the City compeƟƟve in the market while
maintaining internal equity amongst posiƟons. The City will remain compeƟƟve with the overall
market 75th percenƟle when compared at the pay range midpoint for all posiƟons included in the
study.
Prior to the start of the third-party review, the City will meet with TSA, and TSA may provide
feedback on the methodology and any specific posiƟons that should be flagged for review. The
purpose of these studies is to assess market trends from the previous implementaƟon and provide
an overall adjustment to the pay structure.
The City will meet again with TSA prior to the implementaƟon of the recommendaƟons. This
meeƟng will provide TSA an opportunity to provide feedback on the study overall and relaƟve to
specific posiƟons if those posiƟons were flagged at the beginning of the study for specific review or
for any posiƟons that are proposed to move grades as a result of the study. If an employee’s
18
position is recommended to move to a lower grade, the employee may appeal this decision
through HR.
TSA /
Human Resources will review with TSA the design of a market study and will conduct a market
survey of the salaries paid in established market cities for classifications comparable to those held by
Unit Members Human Resources will determine the 75th percentile which is the basis for the salary
range maximums. The 75th percentile will be calculated as the average between the median
maximum salary of the established market cities and the highest paid maximum salary of those same
market cities. Human Resources will conduct a market study in years 1, 3 and 5 of the MOU.
Year 1 market study was conducted in November 2021 and will be implemented in the first pay
period that ends in January 2022. If an employee falls below the new starting salary as a result of
the market study, then he or she will be brought up to the minimum of the new range in the first
pay period that ends in January 2022.
Year 3 market study will be conducted in November 2023 and will be implemented in the first pay
period that ends in January 2024. If an employee falls below the new starting salary as a result of the
market study, then he or she will be brought up to the minimum of the new range in the first pay
period that ends in January 2024.
Year 5 market study will be conducted in November 2025 and will be implemented in the first pay
period that ends in January 2026. If an employee falls below the new starting salary as a result of the
market study, then he or she will be brought up to the minimum of the new range in the first pay
period that ends in January 2026.
Due to the Classification and Compensation Study being conducted by a third-party in 2024-2025
with a July 1, 2025 implementation date, there will be no market study in November 2025. The City
commits to hiring a third-party to provide any necessary adjustments to the overall salary structure
for implementation in July 2027.
The City will develop a process and propose an amendment to the Personnel Rules in FY 25/26 to
allow a Unit Member to request an audit of an employee’s job classification if their duties have
changed significantly enough to show they may be performing duties of another classification.
Year 1
21-22
Year 2
22-23
Year 3
23-24
Year 4
24-25
Year 5
25-26
Salary Step
3%
3%
3%
3%
3%
Bonus for topped-out (in-lieu of step)
2.5%
2.5%
2.5%
2.5%
2.5%
Market Study
Yes
Yes
No*
19
* Classification and Compensation Study Conducted
4. Deferred Compensation
a. Unit Members who contribute up to $19 per pay period into the City’s
deferred compensation plan shall be eligible to receive matching deferred
compensation contributions from the City.
Unit Members who contribute $20 or more per pay period into the City’s
deferred compensation plan shall be eligible to receive deferred
compensation contributions from the City according to the following table:
Year 1
21-22
Year 2
22-23
Year 3
23-24
Year 4
24-25
Year 5
25-26
Less than 7 years of service
$22
$25
$28
$28
$28
After 7 years but less than 15 years
$42
$47
$52
$52
$52
After 15 years of service
$63
$70
$77
$77
$77
b. Pursuant to the provisions of the City’s 401k plan document, Unit Members
who were hired no later than 12/31/2016 shall be eligible to receive an
additional contribution of $5.77 per pay period into their 401k account with
no matching contribution required. Unit Members must establish an account
in order to receive this benefit.
5. Bilingual Pay
a. Unit Members shall be paid $650 per month for occasional interaction and $15025
per month for significant interaction if they qualify under the City’s Bilingual Pay
guidelines.
6. Salary Compaction
The City will notify TSA when new hires covered by the TSA MOU are hired above
the minimum salary if that salary is at or above other Unit Employees’ pay rates in
the same job classification. TSA may request the Department DirectorHuman
Resources review the pay rates of employees who are impacted by the new hire.
7. Supervisor Pay Differential
A Unit Member’s base salary shall be at least 7.5% higher than the base salary of any
employee that he/she they directly supervises on a regular basis so long as they
do not exceed the maximum step of their grade. This shall always be achieved by
increasing the supervisor’s pay, so long as they do not exceed the maximum step
of their grade. The 7.5% will not affect the step on the salary structure of the
employee, but a variable percentage differential will be paid to maintain the 7.5%.
This differential could increase, decrease, or be removed entirely depending on
20
the salaries of the employees supervised.
Article 7 – Hours and Overtime
1. Shift Differential
a. Unit Members who qualify for Shift Differential pay shall receive shift
differential that is 7.5% higher rounded to the nearest cent than the
amount provided by the UAEA MOU.
1) Shift differential is not paid to Unit Members on paid leave.
2. Stand-by Pay
a. The policy for stand-by pay in the City’s Personnel Rules as of the effective date
of this MOU shall remain in effect during the duration of this MOU.
3. Overtime
a. Non-exempt Unit Members who work beyond their scheduled work shifts shall
be compensated for such assigned work at one and one-half (1 ½) times their
regular rate after the first eight (8) minutes of assigned and worked overtime
calculated to the nearest quarter hour.
b. An overtime-eligible Unit Member shall be compensated for overtime hours
worked either with pay or with compensatory time. Employees may accrue a
maximum of 240 hours of compensatory time.
c. Exempt employees (employees exempt from provisions of the FLSA) may on
occasion receive informal paid leave called exempt time for time worked in
excess of their established work schedules. Exempt time will not be calculated
hour-for-hour. Exempt time will be discussed in Labor- Management meetings.
4. Call-back Pay
a. Non-exempt Unit Members called back to work after leaving City facilities upon
completion of their regular shift shall be paid at one and one-half (1½) times
their regular rate of pay and shall receive a minimum of three (3) hours’ call-
back pay. An employee may not be paid for more than one call-back at a time.
When call-back hours overlap the employee’s regular work schedule, call back
pay ends when the regular scheduled begins or when the three-hour minimum
for call-back pay is met. Call-back pay is included in the calculation to determine
an employee’s regular rate of pay for overtime purposes.
21
b. Non-exempt Unit Members called to consult about work after completion of
their regular shift will be paid at time and one-half (1 ½) the regular rate of pay
for each quarter hour (over 7 minutes), with a minimum of one hour’s pay.
There will be no compensation for calls less than 7 minutes, cumulative daily.
An employee cannot receive more than one hour of call-back pay when called
to address a work issue that does not require him or her to come in to work
unless the employee actually works more than 60 minutes.
5. Working Out of Classification
a. Temporary Detail Pay
With their agreement, employees may be assigned temporarily by their supervisor
to a VACANT position in a classification with a higher salary range. The temporary
detail classification may be vacant, or the incumbent employee may be
temporarily not working. Employees assigned to temporary detail shall receive a
minimum of 5% to a maximum of 10% above their salary range for the duration of
the assignment, or the minimum of the salary range of the higher classification if
that minimum is more than 10% higher than the employee’s salary. The
supervisor will determine when the temporary detail pay may be appropriate.
The Unit Member is entitled to such temporary detail pay for working a minimum
of 8 hours performing duties and responsibilities of a higher classification;
employees providing emergency services shall be paid temporary detail pay if
they work 4 hours or more in a higher-classified position.
b. Temporary Special Assignment Pay
Temporary Special Assignment occurs when an employee is required to work on a
project or other assignment that is not within his or her normal scope of duties
and is for a finite time period. It is not meant to fill a vacant position even when
that vacancy is the result of a Temporary Special Assignment. Temporary Special
Assignment will be paid as detailed in the City of Tempe Personnel Rules.
Employees cannot receive both Temporary Detail and Temporary Special
Assignment pay at the same time. Special Assignment Pay does not include work
performed as Temporary Vacancy Coverage.
Special Assignment pay may also be used for certain pre-determined assignments
for Lieutenants within the Tempe Police Department. There is no time restriction
for Special Assignment when placed in these positions. The applicable
percentages for these assignments will be determined by the Tempe Police
Department and Human Resources in consultation with TSA and documented.
c. Departments will provide fair opportunities for working out of class for all
those employees who are qualified. Employees on Temporary Detail or
22
Temporary Special Assignment pay lose no rights or entitlements held in their
regular positions.
d. d. Individuals working out of class on Temporary Detail or Special
Assignment pay for a continuous period of six months shall be eligible to
receive at least 7.5% more than the employees they are assigned to
supervise while working out of class so long as they do not exceed the
maximum step of their grade commencing on day 181 of the Temporary
Detail or Special Assignment pay. The 7.5% will end when the Temporary
Detail or Special Assignment pay concludes.
e. Temporary Vacancy Coverage Compensation
Unit members who are required to perform substantially all of the duties
of a lateral or lower-graded position in addition to the duties of their own
position may be eligible for additional compensation of up to 5% to 10% of
their base pay for lower-graded positions and up to 10% for lateral
positions. The following criteria must be met: 1) The employee must be
performing these duties for at least 120 days: 2) The department must
have attempted to fill the position but is unsuccessful or the position is
frozen by the City Manager’s Office or Municipal Budget Office. 3) The
request must be approved by the Department Director and Human
Resources Director. Any pay that is approved will begin on the day of
approval and will not be retroactive.
f. TSA and HR shall meet annually to review the duties, responsibilities, and
qualifications of bargaining unit classifications to determine whether any
classifications may need further Human Resources review. The meeting
shall take place in the fall prior to October 31st. Based on the
information shared in this meeting, the department may request review
or reclassification of a position during the supplemental process of the
budget. Human Resources, in consultation with the City Manager’s
Office, shall make the final decision on any reclassifications.
6. Hours of Work
a. The regular work week for full-time employees is forty (40) hours. By mutual
agreement work schedules may be arranged in any manner consistent with
departmental operations to include more than eight (8) hours in any single 24-hour
day. The parties agree to discuss alternate work schedules in a departmental
Labor-Management Committee meeting at the request of either party.
b. Employees are entitled to be relieved from duty for an unpaid lunch break of
30 to 60 minutes and, under normal circumstances, for two paid 15-minute rest
periods per shift. Employees who must remain on duty during their entire shift
23
are paid for their one-half (1/2) hour lunch period.
c. Any proposed changes to an employee’s regular work schedule that is not
temporary and does not involve a response to necessary public safety or
emergency situations or City Council directives shall be communicated to the
affected employee(s) at least 15 workdays prior to implementation and a reason
for the schedule change shall be provided and may be discussed in a Labor-
Management Committee meeting. The requirements of this paragraph may be
waived by mutual consent.
Article 8 – Vacation Leave
1. Vacation Leave Accrual
Unit Members on a forty (40) hour work schedule will accrue vacation in accordance with the
following schedule, to be prorated for employees working a part-time schedule. Accrual amounts
are based upon continuous service as a City of Tempe employee:
Up to 5 years of City service
9.33 hours per month
After completion of 5 years, but less than 10 years
11.33 hours per month
After completion of 10 years, but less than 15 years
13.33 hours permonth
After completion of 15 years, but less than 20 years
16.67 hours per month
After completion of 20 years
18 hours per month
2. Maximum Accrual
Maximum vacation accrual shall be 450 hours. Any Unit Member with excess
vacation over 450 hours shall have until the end of the last full pay period paid in each calendar year
to utilize the excess hours or have up to sixty (60) hours paid out under the City’s annual vacation
leave payout program if they retain 450 hours. All other requirements of that program remain the
same as detailed in the City of Tempe Personnel Rules.
3. Sabbatical
Unit Members who have completed their fifteen-year anniversary with the City are eligible for a one-
time extended four-week leave of absence (sabbatical), including two weeks of an employee’s
vacation leave and an additional two weeks of City-paid time. The additional two weeks of sabbatical
leave may not be converted to cash-out payment or utilized in the last six months of employment.
Unit Members who have completed their ten-year anniversary with the City may
elect to forgo the above 15-year sabbatical option and instead elect to take a two-
week leave twice – once after 10 years and once again after 15 years. The two-
week leave would include one week of the Unit Members vacation and an
24
additional one week of City-paid time. All other provisions and requirements of the
sabbatical leave program remain the same for this option.
4. Additional Paid Leave Benefits
One (1) Personal Leave Day of the number of hours in an employee’s normal workday, which may be
taken any time during the calendar year but must be utilized by the last full pay period of the
calendar year or received as 8 hours of pay in January of the following year.
Forty (40) hours of Floating Holiday Leave to be utilized with supervisory approval before the end of the
last full pay period in each calendar year or be forfeited. Floating Holidays do not roll over to the
next calendar year. If a unit member starts their employment with the City July 1st or later, they will
receive twenty (20) hours of Floating Holiday Leave for that year. For the 2025 implementation of
this new leave, 24 hours of Floating Holiday Leave will be provided on July 1st to be used prior to the
last full pay period paid in December.
Article 9 – Holiday Leave
1. Recognized Holidays
Paid holidays are as follows (with holidays falling on Sunday observed by the City on the
following Monday and holidays falling on Saturday observed the preceding Friday):
New Year’s Day
Juneteenth Holiday
Thanksgiving Day
Martin Luther King’s Birthday
Independence Day
Friday following Thanksgiving Day
President’s Day
Labor Day
Christmas Day
Cesar ChavezFarmworkers
Recognition Day
Indigenous Peoples Day
Memorial Day
Veterans Day
2. Holiday Pay
Non-exempt Unit Members who are required by their supervisor due to operational necessity to
work on a city recognized holiday shall receive one and one-half (1.5) times their regular rate of pay
or one and one-half (1.5) times the hours in Compensatory Time in addition to their holiday pay for
each hour worked. Election of holiday premium pay, or holiday compensatory time shall be at the
employee’s discretion.
3. Overtime-exempt Employees
Exempt Unit Members required by their supervisor to work on a city recognized holiday and who
cannot be given a substitute day off within the same pay period may receive one (1) day's pay, eight
25
(8) hours, at their regular rate (not overtime) as additional compensation for the holiday worked.
4. Non-exempt Employees
Non-exempt and exempt employees will be given a substitute day off with pay if operationally
possible when a City recognized holiday falls on a non-workday. The substitute day shall be taken
during the same pay period as the holiday. If the employee’s supervisor cannot approve a substitute
day off during the same pay period due to operational needs, the employee will receive one (1) day’s
pay at his or her regular rate (not overtime) in additional compensation for the holiday. Vacation
leave, compensatory time and personal or wellness day(s) shall not be utilized in the place of a
substitute holiday.
5. Designated Substitution for Holiday
In the event the City celebrates one of the following holidays on a day other than the actual holiday
and the actual holiday is a regularly scheduled workday for a Unit Member, that employee may
choose to have either the actual day or the day celebrated by the City designated as the holiday:
New Year’s Day
Indigenous Peoples Day
Juneteenth HolidayCesar Chavez
Recognition Day
Veteran’s Day
Independence Day (4th of
July)Juneteenth Holiday
Christmas Day
6. Notice of Holiday Work Assignments
Whenever reasonably practicable, employees shall be given at least seven (7) days’ notice of
holiday work assignments. Exemptions from holiday assignment will be discussed and mutually
agreed in departmental labor-management meetings.
Article 10 – Medical Leave
1. Medical Leave Accrual
Full-time regular Unit Members on an active pay status accrue eight (8) hours of medical leave each
month. Regular part-time Unit Members receive a pro-rated amount of medical leave.
2. Medical Leave Use
Medical leave may be used for illness or incapacity of the Unit Member, or for medical, dental,
vision or mental health appointments during working hours. Medical leave may also be used for
26
any of the above reasons for a family member, defined as spouse or domestic partner, parent
(incl. in-law and step), child (incl. foster and step), sibling (incl. in-law, half, and step),
son/daughter in-law, grandparent (incl. in-law), grandchild (incl. step), Aunt, Uncle, Nephew, or
Niece.
Unit Members shall not be visited at home for the purpose of verifying medical leave. This provision
does not apply to investigations of Workers’ Compensation claims.
3. Maximum Accrual and Cash-out
The maximum accrual of medical leave shall be unlimited. By the deadline established each year,
the Unit Member may elect for the following year to cash out medical leave accrued that year in
excess of 480 hours at a rate of 50%, or 60% if the Unit Member has 20 years of service as of the
date of the election. As an additional option, the Unit Member may convert medical leave in
excess of 480 hours to Health & Wellness leave at a rate of 50% (up to 2 days of leave, to be
utilized by the end of the last full pay period of the calendar year) or may let the medical leave
accrue above the 480 hours.
4. Resignation/Retirement Cash-out of Accrued Medical Leave
Unit members leaving City employment with more than one (1) year but less than 10 years of
continuous service shall be paid 25% of all accrued medical leave. Unit Members leaving City
employment with 10 years of continuous service shall be paid 50% of all accrued medical leave.
Members leaving City employment with 20 years of continuous service shall be paid 60% of all
accrued medical leave. The Unit Member will be reimbursed at an hourly rate equal to the Unit
Member’s hourly rate at time of separation. Unit members retiring after 10 years of continuous
service shall have the hourly rate calculated to include any applicable assignment, special operations,
bilingual, shift differential, temporary detail, standby and holiday pay paid to the employee during
the 12 months preceding retirement.
Article 11 – Bereavement Leave
Upon the death of a family member, a Unit Member shall receive up to five (5) working days
(based on the employee’s normal work schedule) of paid leave not chargeable to medical or
vacation leave. Additional time may be taken as sick leave in accordance with City Personnel
Rules. Family member is defined as spouse or domestic partner; ex-spouse or ex-domestic partner
if there is joint custody of children under the age of 18; child (incl. step and foster); parent
(including step and in-law); sibling (incl. half, step and in-law); son/daughter in-law; aunt or uncle;
niece or nephew; grandparent (incl. in-law and step) or grandchild (incl. in-law and step).
If the family member is a spouse, domestic partner or child, the employee shall receive up to five
(5) additional working days of paid leave not chargeable to medical or vacation leave. Time
beyond ten (10) working days may be taken as sick leave in accordance with City Personnel Rules.
27
It is not necessary to use Bereavement Leave on consecutive days.
Article 12 – Disability Leave
1. Compassionate Leave
The City shall continue to administer Compassionate Leave, allowing employees to transfer unused
vacation and medical leave to another regular employee to provide the recipient with
supplemental paid leave during an extended non-job related, seriously incapacitating illness or
injury of the employee or a member of the employee’s immediate family or for other extenuating
circumstance. The value of donated leave is based on the donor's hourly rate of pay as it relates
to the recipient's hourly rate of pay. A recipient who returns to work on a part-time basis may use
compassionate leave intermittently until he or she is able to resume his or her regular duties.
2. Supplemental Family Medical Leave
Unit Members are eligible for up to 160 hours of paid Supplemental Family Medical Leave per
calendar year; this will be prorated for part time Unit Members. Supplemental Family Medical
Leave may be taken when on approved FMLA qualifying leave (1) for the birth of baby or parental
leave including bonding time; (2) for their own non-job-related serious health condition or (3) to
care for a spouse, domestic partner, child (including step) or parent with a serious health
condition.
3. FMLA Leave
Each Unit Member shall be entitled to seventeen (17) work weeks of FMLA leave during a twelve (12)
month period if the leave is taken for the birth or adoption of a child or to care for a sick parent
(including parent-in-law or step- parent).
Article 13 – Industrial Leave
Unit Members are covered by the City under the Arizona State Worker’s Compensation Act
against injuries, illness or disease occurring in the course of City employment.
If a Unit Member is absent from work as a result of an injury, illness, or disease that is covered
under the Arizona State Worker’s Compensation Act, the absence is considered industrial
accident leave. For absences of one (1) to seven (7) calendar days, Unit Members are
compensated 100% of their regular base rate of pay without loss of any medical or vacation
leave. For absences over seven (7) days, Unit Members are compensated 95% of their regular
biweekly base rate of pay from the City for up to twelve (12) months. Beyond twelve (12)
months, Unit Members are compensated in accordance with the Arizona Worker’s Compensation
Act. Unit Members may voluntarily supplement their Worker’s Compensation benefit with
accrued medical and vacation leave. The amount that may be supplemented is the difference
28
between the Worker’s Compensation benefit and the Unit Member’s net take-home pay, plus
voluntary payroll deductions. The amount of a Unit Member’s Worker’s Compensation benefit
shall not exceed his/her regular base rate of pay.
Article 14 – Health Insurance
During the term of this MOU, the City shall provide medical, dental and vision benefits including
plan design changes and premium costs agreed to by the Employee Healthcare Committee. Any
projected increases in costs or changes in benefits through shall be reviewed by the Employee
Healthcare Committee and may result in a meet and confer process to discuss the potential
impact upon Unit Members.
The City shall offer the Association opportunities for input in the consideration, review and
planning of any prospective changes to retiree health care benefits. The Association’s
recommendations regarding such prospective changes shall be communicated to City Council
prior to action by Council to implement changes.
The City shall continue to provide health insurance benefits to Unit Members’ designated
domestic partners.
The Association shall be entitled to appoint at least two Unit Members to the City’s Employee
Healthcare Committee related to the provision and maintenance of health insurance benefits for
City employees, including the reviewing of Request for Proposals, evaluation of submitted
proposals and recommendation of preferred providers.
Article 15 – Life Insurance
During the term of this MOU, the City will continue the existing off-the-job and on-the-job life and
dismemberment insurance coverage.
The policy shall provide a benefit for each Unit Member equal to the Member’s base annual salary.
The City will continue to provide to each Unit Member a $250,000 death benefit covering the
Member’s commutation to and from his/her City work location. This policy will be consistent with the
City's current group insurance and will cover the Member’s commute for up to two (2) hours before
his/her shift begins and two (2) hours after his/her shift concludes.
In the event of the death of a Unit Member while commuting to or from his/her work location, the
City will provide line of duty death benefits to eligible dependents in accordance with City policy in
effect at that time.
Two or more Association representatives may serve on any committee formed to consider possible
changes to City’s life insurance policy.
29
Article 16 – Light Duty
The purpose of the Light Duty policy is to attempt to provide assistance to Unit Members who are
recovering from a medically documented mental or physical illness or injury sustained on or off the
job.
If such an illness or injury precludes a Unit Member from performing the essential functions of
his/her job, the City will make an effort to provide work assignments consistent with the individual’s
skills and abilities and such that the City will derive benefit.
During the period a Unit Member is on light duty, the Unit Member’s base rate of pay will be
maintained. Unit Members shall receive overtime pay after 40 hours of work in the workweek.
Light duty work is intended only for Unit Members with temporary illness or injury and may be
provided only if there is a reasonable expectation that the Unit Member can resume his/her duties
within the time periods established by the City.
Upon request, the City shall share aggregate information with the Association on the disposition of
Unit Members’ requests for light or modified duty and on displacement of Unit Members from their
assignments due to the light duty assignment or other temporary assignment of any other
employees. The parties agree to discuss these issues in the Labor/Management committee setting
if requested by either party.
Article 17 – Mediflex
The City will continue to provide the Mediflex benefit to all Unit Members consistent with the
current plan document, as amended 1/1/2017. The Mediflex contribution is established at and paid
monthly at $$61.16 - $733.92 annually for all Unit Members. Changes to the plan or increases to the
annual contribution will be consistent with the Mediflex plan document but will not be diminished
from the current contribution amount.
Article 18 – Uniforms and Equipment
The eligibility criteria for the benefits outlined in this section will be determined based on the
requirements of the job and documented at the department level. Unit Members eligible for a
uniform credit as of the date of ratification of this MOU will receive an annual credit of $1850.00
to be used in accordance with Department policy, unless they participate in a laundry program where
the uniforms are provided by the Department. Eligible unit members will receive a jacket every other
year. The tool allowance shall be $6500.00 per year for eligible unit members.
Non-sworn Police Department Unit Members eligible for a uniform credit will receive $108900.00
per calendar year for uniform reimbursement. Unit Members required to wear a vest will receive a
credit of $1,100 towards the purchase of a vest when the employee’s current vest reaches
30
expiration.
Lieutenants will receive $1,100 for uniform reimbursement. Lieutenants assigned to the Criminal
Investigations Bureau, Professional Services Bureau, or other Unit designated by the Chief will
receive the uniform reimbursement allowance as an annual lump sum payment by the first paycheck
in September. Any increases negotiated by the Tempe Officers Association will be applied to the
Lieutenants.
As all Lieutenants are issued ballistic vests, they will be provided with a ballistic vest credit of $1,300
(or greater, if there is a subsequent benefit increase for all Police employees) for use with the
preferred vendor (as determined by the Police Department) every five years (upon expiration of
their current vest) toward the purchase of a new vest.
Unit Members eligible to receive a safety boot credit and/or a jean allowance or any other
clothing, cleaning or equipment allowances as of the date of ratification of this MOU will continue
to receive these to be used in accordance with Department policy. The jean allowance is $200,
unless they participate in a laundry program where the jeans are provided by the Department. Risk
Management will continue to oversee the safety boot program with boot purchases made from
the City contract with a $200.00 credit. The safety boots must be used for work purposes only.
Replacement clothing due to work-related damage shall be paid upon approval, and the City will
provide reasonable accommodation for special size orders.
Article 19 – Tuition Reimbursement
Unit Members will receive tuition reimbursement up to a maximum of $6,500 per calendar year for
full-time employees – if the City agrees to provide a higher amount of tuition reimbursement to any
other employee group, the Association shall have the right to reopen this MOU to renegotiate this
specific benefit; tuition reimbursement includes the cost of tuition, required textbooks, supplies
and related fees. The City of Tempe Tuition Reimbursement Guideline as of the date of this
Agreement and Section 127 of the IRS Tax Code will govern the requirements for receiving tuition
reimbursement and to the extent allowable under the IRS code, the reimbursement will be tax-
free. Any amount over the IRS tax-free allowance would be taxed as income.
The City will endeavor to continue to make the Educational Partnership program available to
Unit Members.
Unit Members will receive paid release time to participate in approved coursework necessary for
maintaining certification(s) and training required for their positions. These required certification and
training costs will be paid by the unit member’s department.
31
Article 20 – Procedures for Alleged Breach of MOU
1. Purpose
a. The purpose of this grievance procedure shall be to secure, at the lowest possible
administrative level, equitable resolutions to problems that may arise and are subject
to review under this procedure. There shall be no other alleged breach or appeal
procedure regarding the issues covered by this Memorandum of Understanding
(MOU) for the Unit Members other than that contained in this article.
2. Definitions
a. A “breach” refers to a grievance or alleged violation of the provisions outlined in this
MOU.
b. A “complainant” shall be any Unit Member or group of Unit Members or the
Association.
c. “Days” shall mean Monday through Friday, not including holidays observed by the
City.
3. Procedures
a. Alleged breach proceedings shall be kept informal at all levels of this procedure.
b. The number of days indicated at each level of this procedure shall be considered a
maximum, and every reasonable effort shall be made to expedite the process.
c. If the City or Department fails to comply with the time limit requirements as set forth
under any of the procedure levels, the alleged breach shall be considered
automatically appealed to the next level of the procedure.
d. If the complainant fails to comply with the complainant’s time limit requirements as
set forth under any of the procedure levels, the alleged breach shall be considered null
and void.
e. The time limits set forth herein may be extended, provided the extension has been
mutually agreed upon by the Parties in writing.
f. An alleged breach shall not be considered unless the complainant initiates the alleged
breach procedure no later than thirty (30) days after the complainant knew, or
reasonably should have known of the action that precipitated the alleged breach.
32
g. The grievance shall be filed at the lowest level that has the authority to grant the
requested remedy. It may be appropriate to file grievances with Human Resources
rather than the Department if the alleged breach was made by Human Resources.
4. Steps
a. The complainant shall first discuss the alleged breach with the immediate
supervisor outside the designated employee group with the objective of resolving
the alleged breach. If the alleged breach is not resolved within thirty (30) days, a
written allegation of an alleged breach may be filed with the immediate supervisor
with a copy to the Human Resources Director. To be considered, the alleged breach
must be submitted in a timely fashion and contain, at a minimum, what
contractual provision(s) of this Memorandum of Understanding is alleged to have
been violated, the facts constituting the alleged violation, and the relief sought.
b. If, after ten (10) days from the date the alleged breach is filed with the immediate
supervisor the alleged breach is not resolved, an alleged breach may be filed with
the department director/office administrator or his/her designee.
No later than ten (10) days following receipt of the written alleged breach, the
department director/office administrator or his/her designee shall hold a meeting
in an attempt to resolve the alleged breach. Each party shall be entitled to bring
documents and/or witnesses to the meeting in order to present evidence on their
behalf. Each party shall have the right to cross- examine witnesses brought by the
other party.
Any non-City employee who is a witness will be paid by whichever party called
them as a witness.
c. The department director/office administrator or his/her designee will have ten (10)
days to render a decision. If the alleged breach is not resolved with the department
director’s/office administrator’s decision, the alleged breach may be submitted to the
City Manager. To be considered, such alleged breach must be submitted within ten
(10) days of the department director’s/office administrator’s decision. Within ten
(10) days of receipt of the alleged breach, the City Manager may either render a
decision or require that the alleged breach be submitted to advisory arbitration. The
Parties are then required to participate in the following advisory arbitration process.
5. Advisory Arbitration
a. The Arbitrator will be selected from a list of seven (7) arbitrators requested from
the Federal Mediation and Conciliation Service. The moving party to the
arbitration shall strike the first name from the list. The parties shall alternately
strike names until there is one name remaining who shall be the Arbitrator.
33
b. The Arbitrator shall conduct the hearing as soon as possible.
c. The Arbitrator’s recommendation shall be in writing and shall include the
recommendation, the rationale, and if appropriate, the recommended relief. The
Arbitrator shall not have the authority to expand or add to the rights Unit Members
or the Association has under the terms of this Memorandum of Understanding. The
Arbitrator’s recommendation shall be submitted to the City Manager and the
Association Representatives.
d. The Arbitrator’s fees and costs shall be shared equally by the Parties. All other
expenses shall be assumed by the Party incurring the costs, including the cost of
witnesses if they are not City employees. The Parties may mutually agree to share the
cost of providing a verbatim record of the proceedings.
e. In the event that the City Manager does not require advisory arbitration, the
Association may require advisory arbitration prior to appealing the City Manager’s
decision to the City Council. Such advisory arbitration shall be conducted
pursuant to the provisions provided herein.
f. In the event that either the City Manager or the Association requires advisory
arbitration, the City Manager and the Association Representatives shall meet within
ten (10) days of receipt of the advisory arbitration decision. Within ten (10) days of
the meeting, the City Manager shall provide the Association with a written decision
accepting, modifying or rejecting the Arbitrator’s advisory decision.
6. Appeal to the Mayor and City Council
If the Association Representatives are not satisfied with the City Manager’s decision, within ten
(10) days of receipt of that decision the Association Representatives may appeal to the Mayor
and City Council.
7. Miscellaneous
a. No reprisal or retaliation by any party shall be taken against any person who
participates in or is a witness in the proceeding of an alleged breach.
b. A complainant and the Party charged may be accompanied and represented at any
hearing or meeting conducted under this procedure.
c. A Unit Member, acting individually, may present an alleged breach without the
intervention of the Association provided that the alleged breach has been processed
in accordance with this procedure. Any adjustment made shall not specifically
violate the provisions of this Memorandum of Understanding.
d. If an alleged breach affects a group of two (2) or more Unit Members or involves an
34
action or a decision by the City or the Department that has a department-wide
impact, the Association may submit the alleged breach on behalf of the affected
Unit Member. If the Association presents an alleged breach for violations of this
MOU, it will do so at the department director’s/office administrator’s or his/her
designee’s level as provided in Section 4.B of this Article.
e. All documents related to an alleged breach shall be maintained as a separate file
from a Unit Member’s personnel file.
f. All alleged breaches and alleged breach responses shall be filed and processed in
accordance with this Memorandum of Understanding. The Association acknowledges
that this provision waives any right to take such a dispute to any other tribunal.
Article 21 – Complete Agreement
The Parties agree that this is the complete and only agreement between the Parties once approved
by the City Council. Each party has negotiated on all issues identified for negotiations and such
negotiations have led to this agreement.
No additional negotiations will be conducted on any item, whether contained herein or not, except
by mutual agreement of the Parties. This Agreement replaces any and all previous agreements
between the Parties.
This Memorandum constitutes the total and entire agreement between the Parties and no verbal
statement shall supersede any of its provisions.
Article 22 – Term and Effect
This MOU shall become effective July 1, 20261 and remain in full force and effect until June 30,
203026. This MOU may be reopened at the request of either party for wages, benefits and/or
working conditions/ language by April 15, 2022, for fiscal year 2022/2023.
This MOU may be reopened at the request of either party for benefits and/or working conditions
between September 15th and November 15th prior to the following fiscal year for fiscal year
2028/2029. The reopener is not considered a full negotiation. The topics discussed shall be limited to
those where internal or external circumstances have changed to require discussion or modification.
Should the parties fail to reach consensus on any issue, language found in the current MOU will
remain intact.
This MOU may be reopened at the request of either party for wages, benefits or working
conditions/language between September 15 and November 15 prior to the following fiscal year for
fiscal year 2024/2025 and 2025/2026. Should parties fail to reach consensus on any issue, language
found in the current MOU will remain intact.
35
The City will study the effects of the salary range adjustments prior to the expiration of this MOU.
Should any part hereof or any provisions herein be declared invalid by a court of competent
jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the
remaining portions hereof and the remaining portions hereof shall remain in full force and effect for
the duration of the Agreement.
With approval of the City Council, IN WITNESS HEREOF, the parties hereto have executed this
MOU this X5th day of Juen, 2025XXXX, 2026.