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HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) (2017-2018)INCUR<,I`JCENOTPER) I R) NIORK it', Ay Pf!OCEEO CLL IRK Or COUNCIL. • �- ���'�J 1 4 2010 JULY 1, 2017 - DECEMBER 31, 2018 MEMORANDUM OF UNDERSTANDING CITY OF SANTA ANA SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTL'RNATION UNION LOCAL 721 A-2017-324 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939( SERVICE EMPLOYEES INTERNATION UNION LOCAL 721 FOR FISCAL YEARS 2017-1.8 THROUGH 2018-19 TABLE OF CONTENTS ARTICLE I RECOGNITION 3 ARTICLE II NON-DISCRIMINATION CLAUSE 4 ARTICLE III ATTENDANCE, WORKDAY & WORKWEEK 5 ARTICLE IV SALARIES 9 ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 15 ARTICLE VI OVERTIME 27 ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 31 ARTICLE VIII HOLIDAYS 34 ARTICLE IX VACATION 36 ARTICLE X OTHER LEAVES OF ABSENCE 40 ARTICLE XI EMPLOYEE INSURANCE 46 ARTICLE XII RETIREMENT 4.8 ARTICLE XIII TOOL REIMBURSEMENT POLICY 50 ARTICLE XIV UNIFORM MAINTENANCE 51 ARTICLE XV SAFETY 52 ARTICLE XVI RESERVED 53 ARTICLE XVII GRIEVANCE REVIEW PROCEDURE 54 ARTICLE XVIII UNION RIGHTS 56 ARTICLE XIX DUES DEDUCTION AND INDEMNIFICATION 62 ARTICLE XX CITY RIGHTS 64 ARTICLE XXI STRIKES AND WORK STOPPAGES 66 ARTICLE XXII LAYOFFS 67 ARTICLE XXIII MISCELLANEOUS PROVISIONS 70 ARTICLE XXFV SOLE AND ENTIRE AGREEMENT 74 ARTICLE XXV WAIVER OF BARGAINING DURING THE TERM OF THIS MOU 75 ARTICLE XXVI EMERGENCY WAIVER PROVISION 76 ARTICLE XXVII SEPARABILITY PROVISION 77 ARTICLE XXVIII TERM OF MOU 78 ARTICLE XXIX RATIFICATION & EXECUTION 79 EXHIBIT A LIST OF SEIU LOCAL 721 REPRESENTED FULL-TIME CLASSIFICATIONS 80 2 ARTICLE I 1.0 RECOGNITION LI Pursuant to the provisions of the Meyers -Mi llias-Btown Act, Government Code Section 3500, et se ., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana City Employees Association, Chapter 1939/Service Employees International Union Local 721 (hereinafter called the "Union") as the recognized representative of the bargaining unit which includes all full-time personnel employed by the City of Santa Ana in classifications listed in Exhibit A of this MOU. 1,2 During the term of this MOU, no substantive issue of representation shall be raised contrary to this MOU except as provided in Resolution No. 81-75, the Employer -Employee Relations Resolution of the City of Santa Ana. ARTICLE H 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and the Union agree that thay shall not discriminate against any employee because of political affiliation, union activities, union membership, race, color, sex, age, national origin or alienage, sexual orientation, political or religious opinions or affiliations, religious creed, ancestry, physical disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, military or veteran status, and other protected classifications as defined by the California Fair Employment and Housing Act (FEHA). The City and the Union shall reopen any provision of this MOU for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with State or Federal anti -discrimination laws. ARTICLE III 3.0 ATTENDANCE, WORKDAY & WORKWEEK 3,1 Attendance. Employees covered by this MOU shall be in attendance at their work during hours prescribed by the Department Head or his/her designee(s) and shall not absent themselves without approval of the Department Head or his/her designee(s). 3.2 Hours of Work. Eight (8) hours of work shall constitute a normal day and forty (40) hours of work shall constitute a minimum workweek, except for employees for whom special regulations have been approved by the City Manager as follows: A. 4/10 Work Schedule for Code Enforcement Officer Police Department Employees and Selected Fleet Services Employees The Department Head, with the approval of the City Manager, may assign these employees to a workweek consisting of four (4) ten (10) hour days with an additional one-half (1/2) or one (1) hoar for unpaid luuich as negotiated with the Union. The assigned employee shall work four (4) ten (10) hour days and shall have three (3) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three (3) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of ten (10) hours. B. 3/11.5, 115.5 Work Schedule For Correctional Records Employ, The Department Head, with the approval of the City Manager, may assign these employees to a workweek consisting of three (3) eleven and one-half (11.5) hour clays and one (1) five and one-half (5.5) hour day, with an additional forty-five (45) minutes for unpaid hunch as negotiated with the Union. The assigned employee shall have three and one-half (3.5) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three and one-half (3.5) consecutive clays off in a workweek. The regular workweek shall consist of forty (40) hours. A regular clay off shall consist of either eleven and one-half (11.5) hours or five and one-half (5.5) hours. C. 9/80 Work Schedule. The work schedule described below is known as the 9/80. The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (ELSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below will govern. Employees shall be permitted to work a 9/80 work schedule when authorized by the Department Head and approved by the City Manager. A departmental work unit will not be permitted to work this schedule if in the discretion of the Department Head and City Manager, the 9/80 work schedule may reduce service to the public. 5 9/80 Work Schedule Defined. The 9180 work schedule shall be defined as working eighty hours over nine clays in a two-week period. An employee shall work eight days for nine hours per day and one day for eight hours, excluding a one-hour lunch during each work shift, totaling forty (40) working hours in each FLSA work week. a. The Work Week Period. The forty (40) hoar FLSA work week period shall be defined as the work period starting from Friday at mid -shift to Friday at mid -shift. No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their hutch break, which will occur in the middle of the day on Fridays. b. The 9/80 Work Period. The 9/80 two-week work period for employees starts Friday mid -shift and continues for fourteen (14) days until Friday mid -shift. During this period, each week is made Lip of four nine -hour world days (thirty-six hours) and one four-hour Friday and those hours equal forty work hours in each work week (e.g., the Friday is split into four hours for the first shift, which is charged to work week one and four hours for the second shift, which is charged to work week two). Employees cannot change schedules without prior approval of their supervisor and Department Bead. The purpose of this authorization is to review the impact on staffing and overtime. Employees may change schedules at the beginning of any work period with supervisor and Department.E3ead approval, d. Modifications of the FLSA work week period are not permitted unless authorized by the Executive Director of Personnel Services and the City Manager. C. Emergencies. All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions that, in the opinion of the City Manager, Department Head or designee, may require such service from any of said employees. Overtime Defined. All FLSA nonexempt employees working under the 9/80 work schedule will earn overtime for all hours worked after the first forty (40) hours in an FLSA work week as required under FLSA. Employees are required to obtain supervisor authorization before working any overtime. a. Overtime Compensation: As stated in Section 6.4 of this MOU. L Compensatory Time: As stated in Section 6A of this MOI7. 3. Leave Benefits. When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (9) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. a. Vacation Leave: As stated in Article IX of this MOU. b. Sick Leave: As stated in Article X of this MOU. C. Bereavement Leave: As stated in Article X of this MOU. d. Holidays: As stated in Article VIII of this MOU. For a recognized City holiday the hours as stated in Article VIII 8.2 C, are earned for each holiday, except for the floating holiday. ii. If a holiday falls on an employee's Friday off, the employee must then take their holiday off before or after the regular holiday as their holiday off with supervisor and Department Head approval. If the employee cannot take their holiday off before or after the regular scheduled holiday off, the employee will bank the hours of holiday leave to be used at a later date with the supervisor's approval. Jury Duty Leave. The provisions of the MOU (Article 10.4) shall continue to apply; however, if an employee is called to serve onjury duty during a normal day off, Saturday, or Sunday, or on a City holiday, then (lie jury duty shall be considered the same as having occurred during the employee's day off work; therefore, the employee will receive no added compensation. D. It is the intent of the parties that no additional paid time off shall be gained or lost as a result of the implementation of either the 4/10, Che 3/11.5 plus 1/5.5, or the 9/80 work schedules. The City reserves the right to abandon either the 4(10, the 3/11.5 plus 1/5.5, or the 9/80 work schedules for these employees if, in the opinion of the concerned Department Head and the City Manager, either the 4/10, the 3/11.5 plus 1/5.5, or the 9/80 work schedules has not produced the desired results. If this right is exercised, however, the City and SEIU shall meet and confer in good faith prior to abandoning any of these work schedules. 7 E, Any employee who encounters a personal hardship with his/her work hours may request an accommodation from his/her Department Head. A "hardship request" will be limited to an employee's authorized hours of work. An accommodation will be considered only after the employee has exhausted all other personal options to resolve the hardship. If the employee is unable to resolve his/her problem, the employee may request an acconnnodation from their Department Head by submitting a hardship claim. The Department Head may authorize an accommodation after reviewing said claim or assign a manager to investigate and recommend a resolution of the hardship claim. The recommendation of the manager will be limited to the following: Approve an appropriate flex schedule that does not disrupt the department ability to deliver its services or create disruption in the work unit. 2. Disapprove the employee's proposed solution to resolve the hardship. 3. Reassign the employee to a 5/40 work schedule. The Department Head may accept any one of the manager's recommendations or advance his own to resolve the hardship. F. The Rater Production staff who are assigned to work an eight (8) hour day shift covering Monday through Friday will be required to take a 30 minute unpaid lunch break during the shift. ARTICLE IV 4.0 SALARIES 41 Basic Compensation Plan, There is hereby established a basic compensation plan for all full-time personnel who are now employed or will in the future be employed in any of the designated °classifications of employment represented by the Union as listed in this MOU and its attachments. 4.2 Salary Schedule. The basic salary schedule, as periodically updated and published by the City, provides numerous salary rate ranges, each comprised of seven (7) steps or rates of pay. The respective rate ranges are identified by a three digit number. The steps within each range are identified by the letters "AAA" through "E" inclusive, with Step "AAA" being Y the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range are set forth in the salary schedule, as periodically updated and published by the City. The assignment of classifications to salary rate ranges is listed in the salary schedule, as Y periodically updated and published by the City. - 4.3 Salaries A. The base salaries of employees covered by this MOU shall be adjusted as follows: Effective 9-1-17 the base salary of all employees covered by this MOU shall be increased by 2.25% Employees whose classifications are deemed to be below the market average based on the 2017 compensation study prepared by the consultant firm, shall receive up to 3% base salary increase effective September 1, 2017 , above the 2.25% base salary increase mentioned above. Such increase shall not exceed the amount necessary to bring the classifications compensation to the market average. 4.4 Application of Basic Compensation Plan. The salary rate ranges contained in Section 4,2 of this Article and the City's salary schedule as periodically updated and published by the City are monthly salary rate ranges. All employees working in classifications of employment covered by this MOU shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid ata rate per hour for actual time spent in the performance of the duties of his or her employment. The regular rate of pay shall be computed as providod for by the Fair Labor Standards Act (FLSA). 9 Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate by 173.33, In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in an even one-half cent shall fix the rate at the next higher whole cent. 4.5 Probation. The probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) or a promotional eligible list. 4.6 Beginning Rates. A new employee shall be paid the rate shown as Step "AAA" in the salary rate range allocated to the classification of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional educational training and/or experience qualifications, the Department Head, under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "AA," "A," `B," "C," or "D" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the firrther provisions of this Article. 4.7 Service. The word "service" as used in this MOU shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in a higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1") working day of the month shall not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate tho accumulated length of service time of such employee for the purposes of this MOU, and such employee reentering the service of the City shall be considered as a new employee, except when he or she is being or will be reappointed within one (1) year and placed in the same salary step in the appropriate salary rate as he or she was at the time of termination of employment. "Resignation, quit, or discharge" for purposes of this section shall mean separating from full-time City employment altogether, not Ieaving one position to accept appointment to another position in an unrelated classification outside the career ladder. 10 4.8 Advancement Within Ranges, A. Length of Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "AAA" to Step "AA," Step "AA" to Step "A," from Step "A" to Step "B," from Step `B" to Step "C," or from Step "C" to Step "D," whichever is the next higher step to that on which the employee has been previously paid, effective the first day of the month following the elate of completion of the length of service required for such advancement as provided in Section 4.2 and the salary schedule as periodically updated and published by the City. B, Merit Advances. An employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 4.2 and the salary schedule as periodically updated and published by the City; the effective date of such merit increase, if granted, shall be on the first (194) --day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: 1. There shall be on file, in the office of the Executive Director of Personnel Services a copy of each periodic performance appraisal report required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. 2. The Department Head, at least twenty (20) calendar clays prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Department Head as to such recommendations and of the reasons therefore. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Sectionl0 of this Article. 4. Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step advance shall be automatically granted ninety (90) days after the clue date if no performance appraisal is completed. The effective date of such merit step advance shall be retroactive to the first (1") day of the month following the completion of the required length of service. 11 C. Louth of Service Required When Advancement Denied. When an employee has not been approved for advancement to merit Step "E," he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subparagraph B (2) and (3) of this section. 4.9 Reduction in Salary Stens. Any employee who is being paid at merit Step °E" may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Department Plead, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for rnerit advancements in Section 4.8 above, and such employee may be considered for re -advancement under the same provisions as contained in Subsection C of Section 4,8 above. 4.10 Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "AAA" in the appropriate salary rate range for the higher classification; provided, however, that if the base salary step currently being paid such employee is already equal to or higher than said Step "AAA," he or she will be placed in the lowest step in the appropriate salary rate range as will grant that employee a minimum increase of one (1) salary step (approximately 5%) over his or her current base salary step, inclusive of lead pay, and exclusive of any other assignment or special pay additive or additives such as bilingual pay, shift differential, special skill pay or the like, except when placement at "E" step will not be sufficient to provide a one (1) salary step (approximately 5%) increase. 4.11 Demotion. When an employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) salary step (approximately 5%). B. The new salary rate must be within the appropriate salary rate range. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions in Section 4.9 above. 12 4.12 Reallocation of Salary Rate Ranaes. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step, 4.13 Request for Classification Review. Any employee who, for a period exceeding one (1) year, believes he or she is regularly and consistently performing duties and/or responsibilities not in conformance with their classification concept or, duties and/or responsibilities of another classification, may request a classification review of their position through their supervisor to the Department Head, The employee must submit their request on a form specified by the Executive Director of Personnel Services, outlining in writing how they believe their current duties and/or responsibilities differ from their classification concept, A. The Department Head will review the employee's submitted request and within sixty (60) days will matte one of the following determinations; Will support the employee's request. a. If the Department Head supports the employee's request for a classification review, he or she will forward the request to the Executive Director of Personnel Services along with justifcation for support of the employee's request. b. The Department Head will notify the employee that his or her request has been submitted to the Executive Director of Personnel Services. 2, Will not support the employee's request. a. If the Department Head does not support the employee's request for a classification review, he or she will notify the employee of this decision in writing and set forth the basis for the decision. b. If the Department Head does not support the employee's request, but agrees that some of the duties and/or responsibilities being performed by the employee are those of a higher level City classification, he or she can do the following, Return the employee to performance of the duties and/or responsibilities of their proper classification. ii, Eliminate the higher duties and/or responsibilities being performed by the employee, for which the City has agreed are those for which it will provide higher compensation. 13 B. Any employee request for classification review approved by the Department Head will be forwarded to the Executive Director of Personnel Services, The Executive Director of Personnel Services will confirm receipt of the request in writing to the employee, Within sixty (60) days of receipt of the request, the Executive Director of Personnel Services will notify the employee and Department Head of the decision as to whether a study will be conducted, If the Executive Director of Personnel Services determines that a study is appropriate, the Executive Director of Personnel Services will so notify the employee and the Department Head in writing and will provide the employee and Department Head with an approximate start date for the study. C. Determinations of the Department Head and the Executive Director of Personnel Services are not final. This process is not subject to the grievance procedures however an appeal to the City Manager or his/her representative shall be presented within fifteen (15) working days of the notification of the findings by the Executive Director of Personnel. The City Manager's decision is final and not subject to the grievance provisions of this MOU. D. All studies and study findings will require City Manager approval before proceeding. E, All recommendations resulting from study findings require the approval of the City Council and will be implemented in accordance to the City's Civil Service rules. 10 ARTICLE V 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 5.1 Assignment Pay Differential. Assignment pay differentials, as listed herein and throughout the MOU, will, in each case, be added individually and separately to the employee's base salary. In no event shall one assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. A. Incumbents in the classifications of Senior Office Assistant, Secretary, Executive Secretary, or Planning Commission Secretary who are assigned by a Department Head, with the prior approval of the City Manager, to a position requiring the ability to take dictation at a rate of 70 words per minute or better on a regular basis or as an essential or integral element of the work of the position, will be paid a monthly differential of sixty dollars ($60) above his or her base monthly salary step for each full month of such assignment, B. An incumbent in the classification of Senior Office Assistant who is continuously and regularly assigned to operate and who actually operates, a two-way radio communications base station, will be paid at a rate set five (5) salary rate ranges (approximately 2,51/o) above his or her then current base monthly salary step. C, Incumbents in the classifications of Fleet Equipment Technician I, II and III who possess nationally recognized certifications for Automotive Service Excellence Master Certification (ASE) and ASE Alternative Fuel will be paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5%) for each of the certifications, above their then current base monthly salary step. The restrictions set forth in Section 5.7 do not apply to this provision. The City and the SEIU 721 agree to Meet and Confer to discuss the addition. of Fire Certifications if the City agrees to enter into any agreement in which they service Fire' Department vehicles. D. Personnel in the classifications of Fleet Equipment Technician I, 11, III, and Fleet Equipment Supervisor, who maintain a valid State of California Commercial Driver's License and are assigned to an area that requires the possession of either a Class "A," or Class "B" license in the course and scope of their work shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step. Effective July 1, 2017 the City will reimburse employees in the classification of Fleet Technician I, 11 or III for costs incurred for accredited motorcycle training courses, testing and Department of Motor Vehicle (DMV) fees in associated with obtaining the Ml license. 16 E. An employee that is required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly differential of forty dollars ($40) above his or her then current base monthly salary step. Effective July 1, 2017 the City will reimburse employees for costs incurred in association with obtaining or maintaining a California Notary Public license with Department Head approval. 5.2 Lead Pay. An incumbent who is regularly and continuously assigned to lead a functional twit which includes two (2) or more positions in the same or lower classifications as the incumbent may be compensated for said duties upon mutual agreement of the City and SEIU and approval of the Department Head and the Executive Director of Personnel Services. This compensation shall be referred to as "lead pay" and shall beset at a rate ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. ' In addition, incumbents in the following classifications who are regularly and continuously assigned to perform lead. supervisory responsibilities will receive lead pay compensation at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step: Buyer, Customer Service Representative, Equipment Operator - Motor Sweeper, Information Services Representative, Librarian, Library Services Assistant, Parking Meter Technician II, Senior Systems Administrator, Graphics Designer II, Senior Accounting Assistant, Housing Specialist 11, Senior Librarian, Workforce Specialist II, and Workforce Specialist Ill. An incumbent in the classification of Custodian who is regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. Any employees who have continuously received lead pay for leading the same functional group for five years shall have their lead pay assignment made permanent. 5.3 Bilingual Pay. An employee who is assigned by a Department Head or their designee to a position requiring bilingual capability in both English and any other languages designated by the Orange County Registrar of Voters as necessary for official voting information and or Federal Voting Rights Act and sign language, will be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below: A. Certification by ,the Executive Director of Personnel Services as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capacity. Iff B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, will be designated as Primary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly differential of one hundred seventy-five dollars ($175) above his or her base monthly salary step for each full month of such assignment. C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, will be designated as Secondary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly differential of forty dollars ($40) above his or her base monthly salary step for each full month of such assigrunent. D. The number of such Primary and/or Secondary Bilingual Assignments shall be no larger than the requirements of the department as determined by the Department Head and the City Manager. E. There shall be periodic recertification of such bilingual capability. In no event shall an employee be eligible to earn more than one (1) bilingual pay differential. 5.4 Shift Differential, A. Generally. An employee in a classification represented by the Union who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 1/2) hours between the hours of 5:00 p.m. and 7:00 a.m., will be paid a shift differential for his other entire work shirt at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step; except, however, such shift pay differential shall not be applicable to employees in the classification ofPark Ranger and Supervising Park Ranger, B. Library Em )to ces, Employees hired and assigned to the Library prior to December 1, 1987, who work evening shifts until closing time, but who are not otherwise eligible for shift differential as provided Linder Subsection A above, shall receive, as special shift pay, an amount equal to one-half (1/2) of one hour's pay for each day they work an evening shift until closing time. Said special shift pay shall be computed on the hourly equivalent of the base monthly salary step. Such hall'hour's pay shall not be counted toward the computation of overtime. Such special library shift pay differential shall not be applicable to library employees hired on or after December 1, 1987. 17 C, Early Morning Street Crews, A Street Maintenance employee who is assigned to traffic painting or downtown cleanup crews who is continuously and regularly assigned to a schedule of work which requires that he or she actually work at least fifty percent (50%) of his or her normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m., will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step. D. Standby Pay. Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Employees shall receive four hundred fifty dollars ($450) per week when assigned to be on standby duty. Employees who "trade" days will have that time deducted from their pay on a prorated daily rate based on a seven (7) clay week. Employees who cover the day shall be paid at the daily rate. All trades must be approved by the Supervisor or Manager. Water Production, Water Maintenance, Public Works Maintenance, Building Maintenance, Information Technology Department and staff shall be required to serve on standby duty and receive standby pay as defined above. The City's preference will be to accomplish the above through volunteers; however, qualified employees may be directed to be on standby if the number of volunteers is insufficient. In addition to Standby Pay, if an employee is able to handle the incident by phone or other electronic means without reporting to duty, he or she shall be entitled to overtime pay at the rate of 15 minutes or actual time spent per incident whichever is greater, paid at time and one-half (T 1/2) per incident. Additional Standby Pay programs may be implemented with the approval of the Department Head and City Manager. 5.5 Temporary Upgrade Assignment Pay. In order to provide an equitable method of compensating employees who are assigned temporarily to a vacant, full-titne, budgeted, highor-level position the following shall apply: A. General Guidelines, Temporary Upgrade Assignments shall be limited to the temporary filling of vacant, full-time, budgeted positions due to the termination, promotion or authorized long-term absence of the incumbent. A temporarily vacant position need not be a position without an incumbent. W. Each such assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred eighty (180) days of such assignment. Prior to recommending to the City Manager that a pay differential for a Temporary Upgrade Assignment be granted, the Department Head shall make the following determinations: a. The duties and responsibilities of the position to be filled are of such nature that they cannot remain unassigned pending the return to duty of the absent incumbent or preparation of an eligible list whichever is applicable. b. It is not practical to assign the duties of the vacant position to any other.employee or employees in the same or higher classification. 4. The City Manager or his designee must give written approval of all Temporary Upgrade Assignments involving an increase in pay for the appointee. & Eligibility. With the exception of those described in paragraph 3 below, regular, full- time employees shall receive Temporary Upgrade Assignment Pay if the following criteria are met: a. The work assumed encompasses the majority of the typical dutics and responsibilities of the vacated position. b. To qualify for temporary upgrade assignment pay, employees must serve in an acting capacity in the higher level classification as follows: • ten (10) consecutive working days of eight (8) hours each; or • eight (8) consecutive working days of ten (10) hours each, for employees working on an alternative work schedule; or • any combination of consecutive working days consisting of nine (9) hours each and one (1) working day consisting of eight (8) hours, for a total of 80 hours of work for employees working the "9/80"work schedule; or • two (2) consecutive workweeks, consisting of three (3) 11.5 hour days and one (1) 5.5 hour clay for a total of 80 hours of work for employees working on an alternative work schedule. 19 C. In computing qualifying service rendered, only full clays of actual duty shall be included, and partial days shall not be combined to make full days unless they are normally granted holiday hours. Normally granted holidays will be included in computing actual duty days. d. Employees must re -qualify for an upgrade (Temporary Assignment) if the employee has not worked in this specific upgrade assignment for a period of 18 consecutive months. The employee shall only be considered to work in a higher classification if such work is duly and specifically authorized by the employee's Department Head, 2. Whenever practicable, the appointing authority shall rotate Temporary Upgrade Assignments among all qualified employees. 3. Employees in the following categories shall not be assigned to Temporary Upgrade work unless specifically authorized by the City Manager: a. Non -permanent employees (Probationary, Part-time, Seasonal, etc.). b. Employees performing work above their regular classification in a training capacity. C. moment. 1. On the eleventh (11 th) consecutive working day an employee has been serving in a Temporary Upgrade Assignment, and for each additional consecutive working day the employee so serves, he or she shall receive the beginning rate (Step "AAA") assigned to the higher classification or the lowest rate in that range which is at least ten (10) salary rate ranges (approximately 5%) 'higher than the current base salary rate lie or she normally receives, (inclusive of lead pay and exclusive of any other assignment or special pay additive or additives) whichever is greater, except when placement at "E" step will not be sufficient to provide the ten (10) salary rate range increase, If an employee has worked ten (10) consecutive clays during the term of this MOUn1 a higher classification, the employee shall thereafter receive upgrade pay for each clay the employee is assigned to work in the higher classification during the term of this MOU. 20 2. Assignment or special pay additives, such as bilingual pay, shift differential, special skill pay, etc., paid to an employee prior to becoming eligible for Temporary Upgrade Assignment Pay, will not be considered in computing the amount of higher pay to which he or she is entitled in Subparagraph 5.5C above. If the special circumstances upon which said additive is based are also applicable to the Temporary Upgrade Assignment and the employee remains eligible for such pay while in the temporary upgrade position, this amount will be added to the new salary rate range. Temporary Upgrade Assignments which entail moving an employee into a classification represented by an employee unit other than that which represents his or her permanent classification shall not include any change in fringe benefits for the affected employee. 4. While working in a Temporary Upgrade Assignment, an employee will continue to accrue, and have recorded, general, special or normal salary step increases in the employee's permanent position; however, such salary increases will be, paid only to maintain the minimum five percent (5%) differential above the salary to which an employee is entitled in his or her permanent position. 5.6 All assignments of personnel to positions set forth in Sections 5.1 through 5.4 above shall be made or revolted at the discretion of the Department Head. 5.7 Limitation on Assignment Pav Differentials. Employees who were eligible for, assigned, and received assignment pay under section 5.1 of this article prior to June 30, 2013, shall continue to receive said pay under the current assignment formulas provided they continue to meet the qualifications described in the applicable assignment pay provisions of section 5.1 of this article. Employees hired after August 31, 2010 or hired before August 31, 2010, who did not receive assignment pay Linder section 5.I of this article prior to June 30, 2013, shall not be eligible to receive it. 5.8 Career Development Incentives. Employees hired in a classification which requires an International Conference of Building Officials (IC,BO), International Code Council (ICC), or other certificate as a prerequisite to hiring, either upon appointment or by the time of the employee's passage of probation ("regular appointment"), shall not be eligible for career incentive pay for that prerequisite certificate. However, they will be eligible for career incentive pay for any other certificates approved for their classification. In no event shall the application of this Career Development Incentive Program result in an individual being eligible to earn more than twenty-five (25) salary rate ranges (approximately 12,5%) above his or her current monthly base salary step. 21 A. An incumbent in one of the classifications listed below will be, paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step for each of the following: valid registration as a Registered Engineer by the State of California. and valid registration as a Structural .Engineer by the State of California (a total of twenty (20) salary rate ranges (approximately 101/o) for possession of both). Additionally, said incumbents who possess a valid certificate issued by the ICBG, (or similar nationally recognized certificating organization) in the areas of accessibility/usability (one specialty area), residential energy plan check, or non- residential energy plan cheek, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two-): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%). o Assistant Engineer I o Assistant Engineer 11 o Assistant Engineer -Transportation (T) o Senior Assistant Engineer o Senior Civil Engineer o Senior Engineer o Senior Traffic Engineer o Assistant Plan Check Engineer I o Assistant Plan Check Engineer H o. Associate Plan Check Engineer c Senior Plan Check Engineer o Senior Transportation Analyst B. An incumbent who was employed as of August 16, 1991 in the classification of Plan Examiner (T), Assistant Plan Check Engineer I or II, Associate Plan Check Engineer, Senior Plan Chock Engineer and who, as of December 31, 1987, had possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base salary step. Idowever, effective January 1, 1988, said ten (10) range differential shall be reduced to five (5) salary rate ranges (approximately 2.5%) for any incumbent of said classifications who is issued his or her initial certificate on or after January 1, 1988,. C. An incumbent in one of the classifications listed below who possess a valid certificate issued by the ICBG, (or similar nationally recognized certificating organization) in the areas of building inspection, combination inspection, electrical inspection, mechanical inspection, pltunbing inspection, combination dwelling inspection, plan examining, accessibility/usability (one (1) specialty area), residential energy plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the schedule listed below. Incumbents who possess 22 a valid certificate issued by the ICBO in combination inspection may substitute this for building inspection or combination dwelling inspection; however, incumbents shall not receive incentive pay for more than two of these three certificates. One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary. rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 101/o); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5°/x). o Building Inspector o Electrical Inspector o Plumbing Inspector o Combination Building Inspector o Brulding Technician o Plan Examiner (T) o Senior Plumbing and Mechanical Systems Specialist D. Incumbents in the classifications of. o Code Enforcement Associate o Code Enforcement Officer o Code Enforcement Supervisor o Senior Building Inspector o Senior Electrical Inspector o Senior Plumbing Inspector o Senior Combination Building Inspector o Plan Examiner (T) Electrical o Senior Electrical Systems Specialist who obtain or possess a valid certificate issued by the ICBO (International Conference of Building Officials), ICC (International Code Council), SCACEO (Southern California/Statewide Association of Code Enforcement Officers), CACEO (California Association of Code Enforcement Officers), or any similar nationally recognized certificating organization in any four (4) of the following Career Development Incentive areas shall receive incentive pay worth five salary rate ranges (approximately 2.5%) for each certificates, not to exceed five (5) certificates or a total of twenty-five salary rate ranges (approximately 12,51/0). If an incumbent has obtained four (4) such certificates from the menu below, he or she than shall be eligible to earn an additional five (5) salary rate ranges (approximately 2.5%) pay additive upon completion of both the SCACEO/CACEO Intermediate and. SCACEO/CACEO Advanced Certifications: 2.3 o Building Inspection o Electrical Inspection o Mechanical Inspection o Plumbing Inspection o Combo Dwelling Inspector o Plans Examiner o Zoning Inspection o Property Maintenance and Housing o PC 832 o Basic Module (SCAC'EO/CACEO) o Accessibility Inspector/Plans Examiner o Permit Technician o Coastal and Floodplain Construction Inspector o Disaster Response Inspector If an incumbent has already completed both the SCACEO/CACEO Intermediate and the SCACEO/CACEO Advanced certifications, upon completion of any other four (4) certificates from the menu above, said employee shall be eligible to receive the additional five salary rate ranges (approximately 2.5% total) pay additive for the Intermediate/Advanced certifications. In no event shall the expansion of current certificate pay opportunities result in an employee being eligible to earn more than twenty-five salary rate ranges (approximately 12.5%) in pay additives for Career Development Incentives above his or her then current base monthly salary step. E. An incumbent in one of the classifications listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of reinforced concrete, structural masonry, structural steel/welding, electrical inspection, plumbing inspection, plans examiner, or C27 landscape contractors license, shalt be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.51/o); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7;5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). o Construction Inspector I o Construction Inspector I1 24 F. An incumbent in the classification listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of plumbing inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass management, or certified arborist (ISA), shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional cerrtificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12,51/o). • Contracts Administrator G. An incumbent in one of the classifications listed below who possess a valid certificate issued by the International Society of Arboriculture (ISA) as a certified arborist shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. o Projects Manager o Tree Maintenance Supervisor o Tree Trimmer o Maintenance Worker II (assigned to the tree crew) o Public Works Projects Specialist o Landscape Development Associate I -I. An incumbent in the classification listed below who possesses a valid certificate issued by the International Society of Arboriculture (ISA) as a certified Tree Worker; shall bopaid at a rate of set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. o Maintenance Wodcer II (assigned to the tree crew) 5.9 Limitation on Career Development Incentive Pay. A. With the exception of employee classification listed in subsection 5,9 (B), employees covered by this MOU and already receiving career development incentive pay under section 5.8 of this article prior to June 30, 2012 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.8 of this article shall continue to receive said pay under the current career development incentive pay formulas. Employees who have not received career development pay prior to the June 30, 2012 shall not be eligible to receive it. 99 B. The employee classifications listed herein below covered by this MOU and already receiving career development incentive pay under section 5.8 of this article prior to June 30, 2013 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.8 of this article shall continue to receive said pay under the current career development incentive pay formulas. Employees in the classifications listed heroin below who have not received career development pay prior to the June 30, 2013 will not thereafter be eligible to receive it. • Assistant Engineer I • Assistant Engineer If • Assistant Engineer -Transportation (T) • Senior Assistant Engineer • Senior Civil Engineer • Senior Engineer • Senior Traffic Engineer Any employee hired after September 30, 2010 shall not be eligible to receive career development incentive pay under the career development incentive pay provisions of section 5.8 of this article. %L1 ARTICLE VI 6.0 OVERTIME 6.1 General Policy for Overtime Work. When it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Department %Iead, or a duly authorized representative of the City Manager or the Department Head, may require an employee to perform overtime work. 6.2 Definition. Overtime work is defined as Authorized or required time worked in excess of 40 hours in the workweek schedule for a particular classification and organizational unit of an employee. A workweek is a Fixed and regularly recurring period of 168 consecutive hours — 7 consecutive 24-hour periods — as designated by the appointing authority. An employee's work schedule within the workweek shall not be changed to avoid payment of overtime; provided, however, nothing shall abridge management's right to establish and change work schedules and assignments in accordance with the rights of management contained in Article XX, City Rights. 6.3 Computation of Forty (40) Hour Workweek In computing the forty (40) hour workweek, the following type of work hours shall be included in the computation; actual hours worked, jury/witness leave and bereavement leave. Any combination of these hours in excess of forty (40) hours per work week shall entitle the employee to overtime. Work on an observed Holiday which would otherwise be a scheduled clay off for the employee will be paid as overtime. Any paid time off during the workweek such as vacation leave, sick leave, holiday leave, Chapter Chair/President's Leave and Union Business Leave, as well as all unpaid leave including furlough days shall not be counted towards the hours worked in a workweek for the computation of overtime unless the hours in excess of forty (40) hours in a workweek (including the above listed time) are worked by the employee at the requirement of management. For example, an employee workings Monday through Friday work schedule who takes 9 hours of vacation leave on Monday and works his normal 31 hours Tuesday through Friday, would not earn overtime for 2 hours he volunteered to work extra on Saturday. However, if that same employee had been required by management to work the 2 hours on Saturday as opposed to volunteering, the 2 hours would be compensated as overtime. 6.4 Compensation for Overtime. A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (1 1/2) times the employee's regular rate of pay, subject to the provisions of Subsection "C" below. 27 B. Should the Department Head determine that the best interests of the City will be served thereby, he or his designee may permit an employee to be compensated for overtime work by taking paid compensatory time off at the rate of one and one-half (I 1/2),times the cinployee's regular base rate of pay. C. Employees shall have the option with Department Head approval to convert a rmaximiun of eighty (80) hours of time and one-half (T 1/2) paid overtime (in compensation for 53 1/3 overtime hours worked) to time and one-half (T 1/2) compensatory time off benefits. Such compensatory time off shall be taken at the discretion of the employee when requested at least 72 hours in advance, subject to the operational needs and staffing requirements of the department. If the Department Head or his or her designee subsequently denies the requested compensatory time offthe employee and department will mutually agree on a future date within one year when the employee can use the paid compensatory time off. If the requested compensatory time off is not used within that one year, such compensatory overtime will be paid off in cash. D. Time off with pay to compensate for overtime worked may be accumulated to a maximum of eighty (80) hours. E. Because each hour of overtime worked is programmatically accrued on a time and one-half (T 1/2) basis, compensatory time off will be taken, and monetary payment will be paid, on a straight, -time basis, Also, upon termination, any earned, unused compensatory time off ("time-on-the-books").will be paid on a straight -time basis. P. Time off with pay to compensate for overtime worked may be taken in increments as small as a half (1/2) hour. G. If compensatory time off is used in excess of that available, such excess compensatory time off will, first, be deducted from any available vacation benefits; finally, deducted from the next scheduled wage or salary payment. H. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as berein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. 1. Upon an employee's appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. R-3 6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance benefits), toward the completion of probationary period, or to progression within salary rate range. 6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so, the Department Head or his or her designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among employees of like classification and assignment. 6.7 Call -Back Duty. Any employee covered by this MOU who is recalled to active duty from off --duty, shall be entitled to overtime pay at the rate of one and one-half (1 1/2) times the normal hourly pay rate, or double times the normal hourly pay rate for City -observed holidays, for such employee for time actually worked after reporting to the place of dirty, or three (3) hours pay at the normal rate of pay, whichever is greater. 6.8 Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, strike, riot or other catastrophe or emergency which directly affects City operations or the welfare of the City's citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all regular full-time employees of the City to work overtime or off -shift as he or she shall determine to protect life and property within the City. 69 Applicability of Pair Labor Standards Act. The parties agree that if the applicability of the Fair Labor Standards Act to local governmental entities is eliminated by either legislative orjudicial action, they shall meet and confer regarding any proposed changes to this MOU; however, no such changes shalt be made except on mutual agreement. 6.10 Court Appearance. Compensation for court appearance by employees covered by this MOU shall be as follows: A. For each required court appearance, including but not limited to, depositions, meetings, interviews made by an employee during his or her off-duty time in regard to City business, said employee shall be paid overtime for the period of time from their arrival at. court until they are released from court or the court session closes for that day. However, in no case shall an employee receive less than two (2) hours overtime For a court appearance. If separate court appearances are made both in the morning and afternoon of a particular day, a minimum of two (2) hours overtime will be allowed for each session attended. If the employee is not released from a. morning session and must remain available for afternoon court, the employee shall be paid overtime for all hours the court is in session that day. The employee must provide a copy of the subpoena requiring his or her attendance to initiate payroll procedures, CO B. A subpoenaed employee scheduled to appear in court, including but not limited to, depositions, meetings, interviews, on City business during'off-duty time may be placed on standby status by the Department Head or his or her authorized representative if the employee can respond to the court, if called, within 60 minutes of the employee's notification. In the event such of£ dirty employee is on standby status during any court session and is not required to appear in court, such employee shall be compensated two (2) hours on a straight time basis, for each said court session. Such employee may elect, in lieu of paid time, two (2) hours of compensatory time off for standby time and not appearing in court, with the approval of the Department Head. If such off-duty employee on standby actually appears in court, he or she shall be compensated as provided in Subsection A. 30 ARTICLE 'VII 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 7.1 Purpose. A, To encourage the employees of the City of Santa Ana to take college courses and special training courses which will better enable them to perform their present duties and prepare Orem for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 7.2 Eligibility, A. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. B. Employees receiving financial assistance from other sources such as the G.I. Bill, scholarships, etc, shall be eligible for reimbursement, subject to Section 7.3 C, in an amount not to exceed the difference between the cost of tuition and the amount of the other financial assistance received. C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his or her job, may be reimbursable only after all required occupationally related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. P. Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of a Board of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and fimded by the interested department without coordination with the Personnel Services Department. 31 G. When an employee is required by his or her Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department. 7.3 Reimbursement. A. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, related miscellaneous fees (health, parking, student union fees, equipment, etc.), all required texts/eBooks, and related materials for each course. Additional expenses, such as meals and lodging are not reimbursable. B. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions: That a duplicate of the required text(s) was unavailable for loan from the departmental libraries prior to the commencement of course work; 2. That any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees. C. Upon City Council approval, the maximum tuition reimbursement is two thousand five hundred dollars ($2,500) per fiscal year, which the employee may claim either as costs are incurred during the year or as one lump sum. D. Employees shall be limited, for purposes of tuition reimbursement, to a maximurn of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit. 7A Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance Form and submit it to his or her Department Head prior to the commencement of class(es) or the payment of fees for registration/tuition. B. The Department Head will recommend approval or disapproval based on established criteria and budgetary constraints and then forward the application to the Executive Director of Personnel Services. 32 C. The Executive Director of Personnel Services or his or her designee will approve or disapprove the application for the City Manager. One copy will be returned to the employee and the duplicate will be retained by the Personnel Services Department. It is advisable that the applicant accomplish the procedure so far described in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy prior to the inception of the course or disbursement of personal funds. D. The employee will submit his or her copy of the approved application to the Personnel Services Department within three (3) months after he or she has completed the course and received his or her final grade. Such employee mast include official verification of his or her final grade with appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Applications not submitted to the Personnel Services Department within three (3) months following completion of the course become void. E. Upon receipt of the application and required documentation, the Personnel Services Department will determine whether the completed course of instruction is compatible with the provisions of this Article and will compute the amount of reimbursement, authenticate the application and forward it to the employee's Department Head, F. The Department Head will then authorize the Finance & Management Services Department to reimburse the employee the approved amount out of the budget of the department concerned. 33 ARTICLE VIII 8.0 HOLIDAYS k, 8.1 Legal holidays observed by full-time permanent and probationary employees of the City of Santa Ana are as follows: o January 1 -New Year's Day. o Third (3") Monday in January - In observance of Martin Urther King, Jr.'s Birthday. o Third (3") Monday in February - In observance of President's Day, o Last Monday in May - In commemoration of Memorial Day. o July 4th - In observance of Independence Day. o First (111) Monday in September - In observance of Labor Day. o November 111 - In observance of Veteran's Day, o Fourth (4t'') Thursday in November - In observance of Thanksgiving Day. o The Friday inunediately following Thanksgiving Day, o Last working clay before Christmas Day, 'unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lion thereof. o December 25th - In observance of Christmas Day. o One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. o Every day proclaimed by the Mayor of the City as a holiday for City employees. o Any holiday which falls on a Sunday will be observed on the following Monday, o Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday, 34 8.2 Holidays - Shift Personnel and Employees on Alternate Work Schedules, A. Full-time employees whose regularly scheduled days off are other than Saturday and Sunday shall be entitled to receive twelve (12) working days off during the year in lieu of the holiday benefits specified in Section 8.1 above, However, employees with alternative wci&c schedules in the Community Preservation, Police Records, Correctional Records, Fleet Services Divisions, and employees on a 9/80 work schedule shall be credited with 96 hours of Holiday Time at the beginning of every calendar year in lieu of twelve (12) holidays in the year. If any employee working in the above referenced categories separates from employment prior to December 31 of any year and has exhausted 96 hours of holiday time, the value of hours not yet accrued but used shall be deducted from the final paycheck. B. Said substitute holidays may be scheduled by the Department Head or his or her designee, normally during the same month that the holiday is observed by other City employees. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to his or her service at frill pay in such capacity during the year. C. Holidays shall be paid equivalent to the employees' regularly scheduled work hours (i.e. 10 hours of holiday pay for a 10 -hour shift) except for floating holidays. 8.3 Modified Holiday Schedule - Librlr�Fmployees. Full-time employees assigned to the Library Department shall, during the term of this MOU, observe holidays on the dates specified in Section 8.1 above. 8A A newly appointed employee must actually work one (1) day preceding the day a holiday listed in Section 8.1 actually occurs in order to receive credit for such holiday during the month in which it occurs. An employee separating from the service of the City must be in a paid status one (1) day preceding and one ('1) clay following the day a holiday listed in Section 8,1 actually occurs in order to receive compensation for the holiday. A newly appointed employee must complete six (6) months of continuous full-time service in order to receive credit for the Floating Holiday listed in Section I above. 8.5 Holiday time may be taken in increments of one-half (1/2) hour. 8.6 Holiday benefits may not be carried over from one (1) calendar year to the next, 35 ARTICLE IR 9.0 VACATION 9.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose will be used as a guide in the administration of the provisions of this Article. 9.2 Vacation. A. Effective January 1, 2016, the regular and longevity vacation accruals of bargaining unit members sball be combined into one single vacation bank. The accrual rates will remain the same. However, after January 1, 2016 there will no longer be a reference to longevity vacation. Longevity vacation earned but not advanced in 2015 will be credited to the employee's vacation bank effective January 1, 2016. Thereafter, members shall accrue the combined vacation with pay on a monthly basis as set forth in the following table. Completed Years Annual Vacation Hours Accrued Montbly Accrual Rate 1 80 6.67 2 80 6.67 3 120 10.00 4 120 10.00 5 120 10.00 6 124 10.33 7 128 10.67 8 132 11.00 9 136 11.33 10 140 11.67 11 144 12.00 12 148 12.33 13 152 12,67 14 156 13.00 15 160 13.33 16 168 14.00 17 176 14.67 18 184 15.33 19 192 16.00 20 or more 200 16.67 36 B. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he or she has completed six (6) months of continuous service. C. On or after the first (I") day of the month following completion of six (6) months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor. D. Vacation time off may be taken in increments as small as one-half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half (112). E, Upon completion of two (2) years of continuous service, each employee must take at least five (5) working days of vacation off each year thereafter. F. Computation of Vacation. In computing vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one (1.) additional day of vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Department Head, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave as available. 2. No employee may carry over from one (1) calendar year to the next, more than the equivalent of two (2) regular vacation periods from the previous two (2) years, and vacation not taken beyond that amount shall no longer accrue until such time as the employee's bank is below the carry over threshold. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. The time at which an employee shall take his or her vacation shall be, determined by the Department IIead, with clue regard for the wishes of the employee and particular regard for the needs of the service. 37 4. A period of earlier service does not apply toward vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9-114 of the Civil Service Rules and Regulations, or by reemployment from layoff within one (1) year. Leave of absences without pay, as provided in Article X - Other Leaves of Absence, Section 101 E - Sick Leave — Extended; Article X — Qther Leaves of Absence, Section 10.8 - Authorized Absence Without Pay - Long Term; and Article XXIII — Miscellaneous Provisions, Section 23.3 - Catastrophic Leave, do not constitute a break in continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of vacation. Absences due to military leave followed by reinstatement, as provided in Section 9-143 of the Civil Service Rules and Regulations, do not constitute a break in service, and the period of absence on such military leave shalt be applied toward the accumulation of vacation. & Vacation Bu -Back. Employees covered by this MOU shall be, given an option once per fiscal year, to receive cash compensation computed on a straight time basis in lieu of up to a total of one hundred (100) hours of their banked vacation leave benefits, 9.3 Limitation on Vacation. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days or four hundred (400) hours in any one year. [This section intentionally left blank] M 9.4 Vacation Carry -Over. A. No employee may carry over from one (1) calendar year to the next, more than the maximum vacation carryover as set forth in the following table. Any vacation not used beyond the maximum carryover amount from year to year is forfeited, meaning that no pay shall be received for such unused vacation at any time. Notwithstanding the foregoing, for any affected employee who is in jeopardy of losing vacation because of department staffing needs, may with approval of the Department Head, Executive Director of Personnel Services and City Manager, receive a 30•day extension beyond the normal cutoff date so that such employee will not lose vacation time. Completed Years Max Carryover 1 80 2 160 3 200 4 240 5 240 6 244 7 252 8 260 9 268 10 276 11 284. 12 292 13 300 14 308 15 316 16 328 7.7 344 18 360 19 376 20 392 21 or more 400 9.5 Excess Usage, If vacation time off is used in excess of that available, such excess vacation time off will, first, be, deducted from any available compensatory time off accrual; finally, deducted from the next scheduled salary payment. 9.6 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for vacation accrual purposes. 39 ARTICLE X 10.0 OTHER LEAVES OF ABSENCE 10.1 Sick Leave. A. Definition. California's Healthy Workplaces/Healthy Families Act of 2014 (AB1522) also known as California's Paid Sick Leave Law, requires the City to provide paid sick leave to eligible employees upon oral or written request, within the parameters of the law, for the following purposes: • Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee or member; Specified purposes for an employee who sexual assault, or stalking. an employee's qualified family is a victim or domestic violence, B. Accrual. Each employee shall be entitled to, and shall earn an eight (8) hour working day of sick leave for each full calendar month of service in which he or she is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, as authorized in Subsection A above and I below. 2, When an accepted industrial illness or injury has caused an employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave will be processed during the fust three (3) consecutive days of the statutory waiting period. If the employee, does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they will be advanced. sick Ieave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City will deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. If the employee remains off work longer than fourteen (14) days due to the same workers' compensation related illness or injury, the employee will have the three (3) sick days used re -credited back to his or Ws her account, The City pays the employee workers' compensation benefits for such illness or injury starting on the fourth (0) day. The City may authorize employees to use sick leave, vacation, or compensatory time for approved workers' compensation medical appointments as specified herein, The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D. Limit. Sick accrual will be capped at sixteen hundred (1,600) hours or two hundred (200), eight (8) hour working days, Sick leave usage shall be charged in minimum increments of a half (1/2) hour. Fractional usage under a half (1/2) hour shall be rounded up to the next higher multiple of a half (1/2) hour. E. Extended. The City Manager may grant medical leave of up to six (6) months without pay to an employee who has exhausted all of his or her accrued sick leave if a licensed physician indicates that the employee will be sufficiently recovered to return to his or her employment within a six (6) month period. Prior to the expiration of the additional time; the employee may return to his or her position provided that the employee has a medical certificate from a licensed physician stating that the employee is able to return to work and perform all the duties of his or her position without work restrictions. In addition to the above, the City Manager may grant an additional extension not to exceed a total of one (1) year without pay. F. Extension by Use of Accrued Compensatory Time Off and/or Vacation. After an employee's sick leave has been exhausted, he or she may be granted permission to first use any unused compensatory time off benefits and then any unused and available vacation leave, G. Notice. An employee taking sick leave shall notify his or her immediate supervisor either prior to or within four (4) hours after the time he or she is scheduled to report for duty, or as otherwise established by his or her department. When the absence is for more than three (3) consecutive working clays, upon return to work the employee must present to his or her Department Head a physician's certificate providing a medical opinion that the employee could not report to work because of such illness or injury, and advising that the employee is sufficiently recovered to safely retrun to work. Such certificate shall be forwarded to the Executive Director of Personnel Services. Upon written request by a Department Head or his designee to an employee, a physician's certificate or other satisfactory written evidence of actual illness or injury may be required after any future absence of any duration less than three (3) days. Such written notice shall be approved by the Department Head or designee and the stated reason therefore. 41 H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or because of sickness or injury sustained while engaged in employment, other than employment by the City, for monetary gain or other compensation; or due to other reasons resulting from engaging in any business or activity for the purpose of personal monetary gain or other compensation. Excess Usage. If sick leave is used in excess of that clue and available, such excess sick leave will first be deducted from any available compensatory time off benefit, then from any available vacation leave benefit, and finally from the next scheduled salary payment. Necessity Leave. Each employee shall be afforded the opportunity to use up to 48 hours of sick leave per calendar year, on a non -cumulative basis, as personal necessity leave. Personal necessity leave may be used to attend to an illness of a famlly member. "Family member" means any of the following: (1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. (2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. (3) A spouse. (4) A registered domestic partner. (5) A grandparent. (6) A grandchild. (7) A sibling. Any member of the employees' household related by blood or marriage; any other relative of the employee by blood or marriage, where it can be established by the employee that the employee's presence is required to handle emergency arrangements and/or other matters. Necessity leave may also be used: a) to attend to a serious accident to members of the employee's immediate family; b) childbirth; c) to cope with imminent danger to the employee's family, home, or other valuable property; d) when the existence of external circumstances beyond the employee's control make it impossible for him or her to report for duty; or e) attend to medical or dental appointments for members of the employee's household or family member as defined above. 42 K. Payment for Unused Sick Leave 1. Except in cases of disability retirement, upon non—disciplinary termination of employment and at least ten (10) years of cumulative full—time service with the City, an employee shall be entitled to receive a portion of their total accrued and unused sick leave balance upon the effective date of such termination at the rate of pay effective on the date of such termination. Upon termination of employment with the City, all employees covered under this agreement must deposit 100%, (after Medicare taxes) of their unused sick leave hours based on the criteria below; For employees who had less than ten (10) years of service with the City as of September 30, 2010, the maximum sick leave eligible after ten (10) years of full-time service shall be equal to one third (113) of accrued sick leave up to a maximum of three hundred twenty five (325) hours, deposited into the employee's RHS account, For employees who have at least ten (10) years of frill -time service with the City prior to October 1, 2010, the maximum sick leave eligible after ten (10) years of service shall be equal to one third ( 1/ 3) of accrued sick leave up to a maximum of four hundred twenty -seven (427) hours, deposited into the employee's RHS account. For employees who have at least fifteen (15) years of cumulative full -time service with the City, each qualified employee shall be eligible for two - thirds (2/3) of the total sick leave benefit up to a maximum of one thousand sixty —seven (1067), deposited into the employee's RHS account. 2. A limp stun payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City. Such payment shall be in the amount as described above and at the rate of pay effective on the date of death. 10.2 Bereavement Leave. A. An employee shall be granted Lip to three (3) working days of paid bereavement leave in case of death of a member of the employee's immediate fancily. "Immediate family" as used in this section is limited to: 1. Any member of the employee's household related by blood or marriage; 2, A parent, parent -in-law, stepparent, spouse, registered domestic partner, child, stepchild, brother, stepbrother, sister, stepsister, grandparent or grandchild of the en-tployee,regardless of residence; 43 Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. B. An employee may use up to two additional work clays of leave charged to their Personal Necessity Leave balance when authorized by their Department Head. 10.3 Military Leave, A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided in Section I43 of the Civil Service Rules and Regulations of the City of Santa Ana, B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one (1) year of service with the City upon presenting satisfactory proof of orders to and from such temporary active duties, 10.4 Jury and Witness Leave, When an on -duty employee is called to serve as ajuror or non- party witness in any court action, he or she shall be allowed to leave for the time actually required for such service without loss of pay. Each on -duty employee called for such service shall present his or her Department Head the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. 10.5 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required without loss of any accrued vacation time off benefits. 10.6 Unauthorized Absence, Unauthorized absence from duty for any duration of time may be considered cause for dismissal, Absence from duty without approved leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if the employee returns to work and provides an explanation for such absence which his or her Department Head finds satisfactory, the Department; Head may restore the employee to his or her position, with the City Manager's approval. 10.7 Authorized Absence Without Pay_ Short Tenn. Absence without pay not to exceed five (5) consecutive working days may be authorized by the Department Head. Absence without pay up to fifteen (15) calendar days may be authorized by the Department Head with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Department Head it serves the best interest of the City. 10.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status and recommendation of approval by the Department Head, the City Manager may grant a leave of absence without pay for up to six (6) months. Additionally, the City Manager may grant an unpaid leave of absence extension of tip to one (1) year, An employee returning to duty with the City from such leave of absence shall inform the Department Head and the Executive Director of Personnel Services of his or her intention at least thirty (30) calendar days prior to the expiration of the leave of absence. Upon receipt of such notice, the Department Head will take steps necessary to restore the employee to his or her former position. 10.9 Industrial Leave. Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation and seniority. 10.10 Pteenancy Disability Leave. Employees may take an unpaid leave of absence during pregnancy disability consistent with the Pregnancy Disability Law (PDI,), Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA). A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted Lip to an additional two (2) months of leave, at the discretion of the City Manager, for a total of up to six (6) months in which to recover from the disability, As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take pregnancy leave must give reasonable notice of at least four (4) weeks before the commencement of the leave and. include the estimated duration of the leave. The City will continue to contribute towards Health and welfare insurance coverage in accordance with state and federal legislation. The employee will be required to pay a cash premium, to conthnie coverage while on a leave of absence without pay, 45 ARTICLE XI I L0 EMPLOYEE INSURANCE 11.1 Health Insurance. The City shall contribute toward the payment of premiums for affected employees and their dependents tinder the existing health insurance programs or new program or programs providing substantially similar or improved coverage and benefits selected in accordance with procedures in effect on the effective date of this MOU: A. Effective January 1, 2018, the City's monthly contributions for medical insurance shall up to be as follows: EMPLOYEE up to $654.00 EMPLOYEE+1 up to $1,307,00 FAMILY up to $1,700.00 B. Any contribution necessary to maintain benefits under said medical plans in excess of the amount set forth above shall be borne entirely by the employee, C. An employee who is covered tuider a spouse's non -City sponsored health plan and voluntarily waives, in writing, their City paid health insurance coverage will receive a cash payment each month in an amount equal to 50% of the total monthly premium amount for the City's lowest "employee -only" coverage. Employees must show proof of qualified group health insurance coverage. 11.2 Dental Insurance. The City shall contribute a maximum amount of tip to ninety ($90) dollars per month per employee toward the payment of premiums for denim insurance plans provided by the City for employees covered by this MOU and their eligible dependents. Any contribution necessary to maintain benefits under said dental plans in excess of the amount set forth above shall be borne entirely by the employee. I L3 Lone -Term Disability (LTD) Insurance. The City shall contribute up to ten dollars and thirty-nine cents ($10,39) per month to employees enrolled in the 130 day elimination period LTD plan. For employees who elect to upgrade their LTD benefit coverage to a 60 day elimination period plan, the City will contribute up to eleven dollars ($11.00) per month. Any amount necessary to maintain benefits under the long term disability insurance plans provided by the City in excess of the amounts set forth above shall be borne by the employee. 11.4 Life Insurance. The City shall provide its employees with a thirty thousand dollar ($30,000) term life insurance policy and a thirty thousand dollar ($30,000) Accidental Death and Dismemberment (AD&D) coverage at no cost to the employee. 46 11.5 When there is a need to discuss matters relating to employee insurance and the City believes it would be beneficial to involve an Insurance Committee, the Union shall have an equal number of representatives as the City on such a committee to meet'as necessary. 11.6 Retirement Health Savings Plan (RHS). The Medical Retirement Subsidy Plan was dissolved by agreement between the parties during the 2015-2017 MOU term. A. The City amended the contract with ICMA -RC to allow SEIU members to participate in the "Vantage Care" Retirement Health Savings Plan effective January 1, 2016, The City and Union agree to the following elements: 1. 1.25% of base pay will be deposited into employees' individual RHS accounts each pay period, Effective upon adoption of this MOU an additional .25% of base pay, for a total of 1.5%, will be deposited into employee's individual RHS accounts each pay period. 2. Upon an employee's termination of employment with the City, their eligible sick leave balances will be directed into the individual's RHS account based on the criteria in Article 10.1 IC, (Payment of Unused Sick Leave) of this MOU, and the Employer VantageCare Retirement Health Savings ("RHS") Plan Adoption Agreement based on the plan guidelines as determined by SEIU) to provide the employee and his or her designated eligible dependents, if any, with benefits under any health insurance program including, but not limited to, the program maintained by the City. 3. Upon retirement, the balance of an employee's sick leave accrual after eligible RHS payments are made, will be converted into CaiPERS Service Credit. 11.7 Vision Plan. The City shall offer a vision plan for employees covered by this MOU. All premium costs shall be paid by the employee through payroll deductions. 47 ARTICLE XII 12.0 RETIREMENT 12.1 General. The terms of the existing contract between the City and California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits for employees are incorporated by reference herein. The City shall continue to make contributions to (CaIPERS) in accordance with its contract with CaIPERS for employees covered by said contract as amended. 12.2 Deferred Retirement. The City shall continue to make payment to CaIPERS on behalf of each employee covered by this MOU in accordance with the following schedule: A. With respect to Miscellaneous employees covered by this MOU who do not qualify as "New Members" under the California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall pay an amount necessary to pay one hundred percent (100%) of his or her individual retirement contribution which is equal to eight percent (80/o). Such payments shall be credited to the individual employee's CaIPERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this MOU shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and, thus will not withhold Federal or State income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, not ordinary income. For the purpose of reporting an employee's compensation to CaIPERS, the City shall include these payments as if they were a part of the employee's base salary. 12.3 Credit for Unused Sick Leave. Employees covered by this MOU, can have unused accumulated sick leave at the time of retirement convened to additional service credit at the rate of 0.004 years of service credit for each day of unused sick leave (i.e., 200 days of sick leave equals .8 additional years of service credit). The City must report only those days of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation from employment. 12.4 Military Service Credit as Public Service. Employees covered by this MOU may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amowlt equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. Ell 12.5 2.7% at 55 Service Retirement Benefit for Miscellaneous employ. The City contracts with CaIPERS to provide Miscellaneous employees who do not qualify as "New Members" under PEPRA with dic 2.7% at 55 Service Retirement benefit. The employee contribution rate for Miscellaneous employees who do not qualify as "New Members" under PEPRA shall be (8%) percent of CalPERS reportable compensation. All employee contributions for retirement benefits are paid to the employer portion of the City's Ca1PERS contribution. This payment shall be paid in accordance with Government Code section 20516(f). Pre -Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 12.6 2% a, 62 Service Retirement Benefit for "New Member" Miscellaneous employees. The City agrees to provide Miscellaneous employees covered by this MOU who are defined as "New Members" within the meaning of the California Public Employees' Pension Reform Act (PEPRA) of 2013 with the 2% @ 62 Service Retirement benefit. PEPRA went into effect on January 1, 2013. The parties agree that if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. Employees covered under the 2% @ 62 retirement formula shall pay one half of the normal cost rate as established by CalPERS. Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 49 ARTICLE XIII 13.0 TOOL REIMBURSEMENT POLICY 13.1 Employees classified as Fleet Equipment Technician I, 11„ or III, or Fleet Equipment Supervisor shall continue to provide such tools as are ordinarily used in the trade which shall be the personal tools of the Technician. The City will continue with one (1) or more vendors' acoounts for said employees who have at least one (1) year of service in such classifications. Effective July 1, 2015, such employees shall be allowed up to one thousand one hundred dollars ($1,100) per fiscal year with such vendor(s) in order to purchase tools which, in the sole determination of the Fleet Services Manager, are necessary for the performance of such employees' job duties. Employees will be allowed to carry over their unused tool allowances for not more than two consecutive fiscal years. The City shall bear no liability or responsibility in replacing lost or stolen tools except as provided in this Section. 411 ARTICLE XIV 14.0 UNIFORM MAINTENANCE 14.1 All employees who are required by the City to wear a uniform while on duty shall continue to be provided with seven (7) sets of clean uniforms every two (2) weeks at no cost to the employees. All field/yard maintenance, custodial and equipment repair employees shall be provided with eleven (11) clean sets every two (2) weeks at no cost to the employees. All Police Records Personnel and the Senior Office Assistants assigned to the traffic window shall be provided with three (3) sets of uniforms made of Dacron and one (1) wool sweater. The Union agrees that any such employee who wishes to be provided with one (1) or more additional clean sets per week above the amounts specified above will be required to pay the extra cost incurred for such additional set(s). 51 ARTICLE XV 15.0 SAFETY 15.1 General. The City and the employees of the City agree to comply with all applicable Federal, State, Local, and City of Santa Ana laws and regulations, which relate to health and safety. 15.2 Central Safety Committee, The Union may designate two (2) representatives and two (2) alternates, who may attend only in either of the representatives' absences, to serve on the City's Central Safety Committee. 15.3 Uniform/Safety Shoes. A. The City agrees to pay up to three hundred dollars ($300) per fiscal year per employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of each employee. Employees will be allowed to use this allowance to purchase insoles or other boot related accessories. Code Enforcement employees who are regularly assigned to work involving confiscation or retrieval of evidence or who must regularly enter dangerous or abandoned properties will be eligible for a boot/safety shoe allowance. Code Enforcement employees will be allowed to use this allowance to purchase uniform shirts as approved by the department manager or his/her designee. C. All safety shoes/boots purchased under this program must have steel reinforced toes, insteps and bear the official stamp of approval from the American National Standards Institute (ANSI), z-41, D. If a particular classification of employment is designated as requiring its incumbents to wear safety slices, then it will be mandatory for all incumbents of that classification to wear the type of safety shoes (boot or tow -quarter) deemed to be appropriate by the Department Head. (Some exemptions may be allowed, on a case-by-case basis, depending on the type and amount of exposure to hazardous conditions in particular positions and subject to the approval or disapproval of the City's Safety Officer.) E. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. 52 ARTICLE XVI 16,0 RESERVED 53 ARTICLE XVII 17.0 GRIEVANCE REVIEW PROCEDURE 17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this MOU, or of the rules and regulations governing personnel practices or working conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by those provisions of the City Charter and the Civil Service Rules and Regulations. Employees may dispute ally written reprimand filed in their official personnel file through the grievance procedure. 17.2 Informal Process - First Step, A. An employee and/or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) working days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure maybe responsive, both parties involved shall expedite this process. If, within fifteen (15) working days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the specific MOU provision, rule or regulation allegedly violated, the nature of the action desired, sign it, and submit it in duplicate to the employee's Department Head. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within fifteen (15) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. D. Any resolution of the grievance at the informal stage by any person other than a middle manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this MOU. 17.3 Formal Process. A. Second Step. The Department Head or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) working clays after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review 54 the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and/or the employee's designated representative within ten (10) working days after said meeting. B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative may submit the grievance in writing to the City Manager or his or her designated representative within thirty (30) days of being informed of the disposition made at. the Second Step. Failure of'the grievant and/or his or her designated representative to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the disposition made at the Second Step. The City Manager or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse, or modify the disposition made at the Second. Step and his or her decision, which shall be final and binding, shall be delivered in writing, to the employee and/or the employee's designated representative within fifteen (15) working days after said meeting. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his or her representative's written decision, shall be filed in the personnel records of the department and the grievant's personnel jacket maintained in the City Personnel Services Department. C. Fourth Step. If the grievance is not resolved at the third step, the Union may request that the grievance be submitted to advisory arbitration for issuance of a recommendation. The Union mi st advise the Personnel Department within 10 calendar days of receipt of the decision from the City Manager at Step 3 of its desire to request to have; the matter considered by an arbitrator. Upon request to submit the matter to arbitration, unless the parties can agree on an arbitrator to hear the grievance, the City will request a list of seven arbitrators from the State Mediation and Conciliation Service. Upon receipt of the list, theparties will strike names with the Union striking first, Once an arbitrator is selected, he/she will conduct a hearing regarding the grievance. The cost of the arbitrator shall be equally shared between SEIU and the City. Once the arbitrator issues his/her advisory recommendation tq the parties, the recommendation shall be submitted to the City Manager who will make a final decision on the grievance within 20 days of his/her receipt of the recommendation. 17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law. 55 ARTICLE XVII[ 18.0 UNION RIGHTS 18.1 Release Time for Union Representatives. The Union shall have the right to appoint/elect a reasonable number of representatives who are recognized by the City as officers or wont site leaders/stewards. A. Such reasonable number of work site leaders/stewards recognized by the City shall be limited to eighteen (18), B. The City's Employee Relations Manager shall be provided with a list of names and classification titles of the Union's officers as set forth in the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721 Bylaws, as well as the names and classification titles of all work site leaders/stewards and other Union representatives. The Union agrees to inform the City in writing of any changes in said list within ten (10) calendar days of date of change. C. During the term of this MOU, the City agrees to grant a reasonable amount of City time, without loss of pay or benefits, to enable the officers and worksite leaders/stewards to assist other bargaining unit employees inprocessing grievances under the Grievance Review Procedure. Officers and worksite leaders/stewards shall make advance arrangement with their supervisors prior to absenting themselves for such purpose, The officers and worksite leaders/stewards shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pursuant to this provision of the MOU. Any unauthorized or unapproved time used by worksite leaders/steward, officers to investigate, discuss, process or meet in conjunction with pursuing a grievance or complaint shall be charged to that employee's vacation or comp time leave bank. The Union shall limit the number of officers or worksite leaders who participate in the investigation or appear at hearings on City time to one representative and a Board member. D. Union Business Leave Time, In addition to the above time officers and worksite leaders/stewards shall be granted three hundred (300) hours per fiscal year. The purpose of this additional three hundred (300) hours per fiscal year shall be to enable the officers and worksite leaders/stewards to participate in union activities which may include conventions, seminars and meetings that are otherwise not covered by this MOU. Such time shall be paid by the Union. 56 However, such officers and worksite leaders/stewards shall make advance arrangements with their supervisors prior to absenting themselves for such Purposes. The officers and worksite leaders/stewards shall be required by the City to record and report to their supervisors on the work time spent on Union business. Any unauthorized or unapproved time used by officers and worksite leaders/stewards to conduct union business shall be charged to that employee's vacation or comp time leave bank, Time spent by the Union Chapter Chair/President, officers or worksite leaders/stewards on Chapter Chair/President's leave, as noted in Section E below, and/or Union Business leave time, under this MOU, shall not be considered time worked for computation of overtime according to the Pair Labor Standards Act. E. Chapter Chair/President's Leave Time. During the term of this MOU, the City agrees to grant the Union Chapter Chair/President half of his/her work week paid time off which shall be paid by the Union and subject to the following terms and conditions: The Union Chapter Chair/President will conduct any Union business performed during the half of his/her work week off the worksite. However, the Chapter Chair/President may conduct Union business on worksites pursuant to Article XVIII — Union Rights, Section 18.2 - Worksite Access provision of the MOU. 2. The Department Director of the Union Chapter Chair/President may approve additional time off for the Union President for Union seminars and other business on a prescheduled basis. Such additional time off shall be paid for by the Union or from the Chapter Chair/President's vacation or compensatory time bank. The Department Director of the Union Chapter Chair/President will schedule the Union Chapter Chair/President to be offsite for half of each workday to conduct Union business, upon request of the Union, The Department Director shall schedule the Union Chapter Chair/President to be onsite working on City business each half day of each normal work week. The Department Director may change the schedule of the Union Chapter Chair/President upon reasonable notice to the Union Chapter Chair/President. 4. During the period of time the Union Chapter Chair/President is performing City work, he or she shall receive no phone calls or visitors. Persons who 57 call or wish to see the Union Chapter Chair/President during his or her work time shall be referred to the Union's offsite headquarters. Time spent by the Union Chapter Chair/President on Chapter Chair/President's Leave time shall not be considered time worked for the computation of overtime according to the Fair Labor Standards Act, The Union shall reimburse the City for 100% of the salary, including any premium payments and benefit costs for the Chapter Chair/President's leave time. The Union agrees to pay for 'Union Leave and Chapter Chair/President's Leave within thirty (30) clays of receiving the bill from the City, The bill will be sent on a monthly basis, If the bill is not paid within thirty (30) days, the City shall deduct such amount train the Union dues collected from the employees on behalf of the Union, In the event a portion of the bill is rightfully contested, the City shall only deduct the non -contested portion from employee's dues. Any issues related to the bill mast be brought to the attention of the Executive Director of Personnel Services within fifteen (15) days of its receipt and must be resolved within fifteen (15) remaining days so that the bills are paid in a timely manner as stated (within thirty (30) days of its receipt). 8. The Union shall provide an insurance policy or policies, or certificate of such insurance, naming the City of Santa Ana, its officers and employees as insured or additional insured which provides coverage against liability for any and all claims and/or suits for damages or injuries to persons or property resulting from or arising out of any act or omission of said Union representative. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage not less than the following minimum amounts: one million dollars ($1,000,000) combined single limit or its equivalent. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days' notice has been given in writing to the City of Santa Ana. 9. The Union shall provide the City of Santa Ana with an insurance carrier certifying that it carries primary workers' compensation insurance on behalf of said Union representative and the policy shall not be canceled nor coverage reduced until after ten (10) working days' notice has been given in writing to the City of Santa. Ana. 10. The Union shall indemnify and save harmless the City of Santa Ana, its officers and employees from and against any and all damage to property or injuries to or death of any person or persons, including property and employees or agents to the City of Santa Ana. The Union shall defend, indemnify, and save harmless the City of Santa Ana, its officers and employees from any kind and all claims to demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitations, workers' compensation claims, resulting from or arising out of the negligent acts, errors, or omissions, arising out of the intentional or malicious acts of the Union's representatives. 11. The 'Union and the City of Santa Ana agree that the Union Chapter Chair/President will not be required to carry out any City duties during the tune the Union Chapter Chair/President is on Chapter Chair/President's leave for half of the normal work week. The Chapter Chak/President will be required to comply with the rules and regulations of the City of Santa Ana as they apply to off-duty employees, except such Union Chapter Chair/President will not be required to report to work for anypurpose during the half of the normal work week of Union Chapter Chair/President's leave time. 12, Upon return to duty from Chapter Chair/President's Leave of half of the normal work week. The Union Chapter Chair/President shall be restored to the some position without loss of any benefits as he or she would have occupied or accrued if there had been no disruption in duty status. Release of employees for Union Business Leave shall be on the same basis as employees are released from duty for vacation leave, except that such requests for leave shall not unreasonably interfere with the operation of the City department and shall be approved by the employee's Department Head. The employee taking Union Business Leave shall not unreasonably interfere. with the operation of the City department and shall be approved by the employee's Department Head. The Department Head shall not unreasonably withhold permission to utilize Chapter Chair/President's Leave time and/or Union Business Leave from any employee who has been duly authorized by the,Union to take such leave. The Union Chapter Chair/President shall have half of the normal work week or one thousand forty (1,040) hours per year of time off to conduct Union business which shall be paid by the City, but reimbursed to the City by the Union directly from the Union. 59 18.2 Worksite Access. A. Officers, worksite leaders/stewards and/or paid Union representatives shall be permitted to visit break and lunch areas designated by the City, before or atter work or during designated lunch periods for the purpose of discussing Union business, provided that arrangements are made in advance with the manager responsible for the worksite. B. Such visits shall not disruptthe work of City employees or interfere with the normal operations of the department or with established safety and security requirements. Where any such problems arise, the Union and the City will agree on an alternate meeting/conference facility for the purpose of providing a place for the Union to hold meetings before or after work or during hmeh periods. If the alternate meeting site is a City facility during non -working hours, its scheduling and use shall be governed in accordance with regulations pertaining to the use of public meeting rooms at City facilities. C. Solicitations of membership and all activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, preparation of petitions, preparation of proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted during Working hours. D. Officers and employees may perform those duties assigned to them by the Union, but in no event shall they have the right to interfere with the performance of work of any other employee or interfere with City operations or to call a strike, slowdown, work stoppage, sympathy strike or take any economic action against the City. 18.3 Release Time for Employee Representatives, A. In the event that the Union is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of officers, employee representatives or other officials of the Union shall be allowed reasonable time off without loss of compensation or other benefits. B. Such officers and employee representatives shall not leave their duty or work station or assignment without the prior knowledge of their supervisor or such supervisor's supervisor. C. Such meetings are subjeotto scheduling in a manner consistent with City operating needs and work schedules. 60 18A Use of Bulletin Boards. Space shall be ,made available to the Union on the City's existing employee bulletin boards for the purpose of posting notices pertaining to Union business, subject to the following conditions: A. Material posted by the Union shall not include campaign material on municipal election matters, including elections for City Council, other City positions, or other municipal political matters. B. Material posted shall not be derogatory to the City, City employees or other employee organizations, C. All materials shall be dated, identify the Union and bear the signature of the authorized representative(s) of the Union validating the posting. D. The City reserves the right to determine what reasonable portion of employee bulletin boards are to be allocated to Union materials. E. if the Union does not abide by these provisions, it will forfeit its right to have materials posted on the City's employee bulletin boards. The Union shall not be permitted to post any material that is prohibited by State law or the City Charter. 18.5 Use of City Facilities. The City shall allow the Union to conduct meetings in the City's public meeting rooms during non -working hours provided such meetings are scheduled in accordance with regulations governing the use of public meeting rooms at City facilities, The Union shall not be permitted to use such City facilities to discuss or present any matter that is prohibited by State law or the City Charter. 61 ARTICLE XIX 19.0 DUES DEDUCTION & INDEMNIFICATION 19.1 Dues Deduction. The City shall deduct dues on a regular basis from the pay of all employees, covered by this MOU who voluntarily authorize such deduction in writing and on a form to be provided for this purpose by the City. The City shall remit such funds to the Union within thirty (30) calendar days following their deduction. 19.2 Agency Shop, A. All employees represented by the Santa Ana City Employees, Chapter1939/Service Employees International Union Local 721, shall, as a condition of continuing employment become and remain members of the Union or shall pay to the Union a service fee in lieu thereof. The service fee shall be an amount not to exceed the standard initiation fee, periodic dues and general assessments of the Union. B. Any employee hired by the City subject to this MOU shall be provided, through the Personnel Services Department, with an authorization form for the deduction of Union dues. Employees shall have thirty (30) working days following the initial date of employment to fully execute the authorization form and return it to the Agency/Department payroll section. The effective date of Union dues, service deductions or charitable contribution for such employees shall be the beginning of the first pay period of employment. Any employee of the City subject to this MOU who wishes to execute a written declaration claiming a religious exemption from paying Union dues, and who is a member of a bona fideereligion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and which is recognized as such by the Public Employer Relations Board, shall, upon presentation of verification of active membership in such religion, body or sect be permitted to make a charitable contribution equal to the service fee in lieu of Union membership or service fee payment to one of three designated nonreligious, non -labor, charitable fund exempt from taxation under Section 50I(c)(3) of the Internal Revenue Code. Declarations or applications for religious exemption and any supporting documentation shall be forwarded to the Union within fifteen (15) calendar days of receipt by the City. The Union shall have fifteen (15) calendar clays after receipt of a request for religious exemption to challenge any exemption granted by the City Manager or his or her designee. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be by regular payroll deduction only. For purposes of this section, charitable deduction means a contribution to one of three non-profit organizations, with the United Way being one of them. N D. Maintenance of Dues Payroll Deduction Any employees in this unit who have authorized Union dues deductions on the effective date of this Memorandum of Understanding or at any thne subsequent to the effective elate of this Memorandum of Understanding shall continue to have such dues deduction made by the City during the term of this Memorandum of Understanding; provided, however, that any employee in the Unit may terminate such Union dues each year during the period February 10 through February 28, by notifying the Union of their termination of Union dues deduction. Such notification shall be by certified mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, department name and name of Union from which dues deductions are to be cancelled. The Union will provide the City with the appropriate documentation to process these dues cancellations within ten (10) business days after the close of the withdrawal period. E. The Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721 shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the Agency Shop or Maintenance of Dues Payroll Deduction provisions herein. In no event shall the City be required to pay from its own funds, Union dues, service fee or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reasons. 63 ARTICLE XX 20.0 CITY RIGHTS 20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this .MOU. The sole and exclusive rights of management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the worldorce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees inaccordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar non -disciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this MOU. K. To establish and modify productivity and performance programs and standards. 64 L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code, M. To determine job classifications and to reclassify employees. N, To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this MOU, O. To determine policies, procedures, and standards for selection, trailing and promotion of employees. P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance of such standards. Q. To maintain order and efficiency in its facilities and operations. R. To establish and disseminate and/or modify rules and regulations to maintain order and safety in the City which are not in violation with this MOU. S. To take any and all necessary action to carry out the mission of the City in emergencies. 20.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. 65 ARTICLE XXI 21.0 STRIKES & WORK STOPPAGES/NO LOCKOUT 21,1 Prohibited Conduct. A. Tho Union, its officers, agents, representatives, and/or members agree that daring the term of this MOU, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out, or any other unlawfuljob action by withholding or refusing to perform services. There shall be no lockouts by the City during the term of this MOU. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority without right of appeal to the Personnel Board in accordance with City Charter Section 1014. 21.2 Union Responsibility. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 21.1 — Prohibited Conduct, Section A above of this Article, the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in the conduct prohibited in Section 21.1 — Prohibited Conduct, Section A and return to work. 66 ARTICLE XXII 22,0 LAYOFFS 22.1 It is the hope of the City not to separate any employee(s) from employment because of a reduction in the workforce during the term of this MOU. However, circumstances arising during this MOU may require such separation(s). In that event, the City will provide reasonable notice to the Union of the details of the separation(s) in order to nucet and exchange information, opinions and proposals regarding the consequence(s) of the separation(s) on the employee(s). This provision in not intended to be a waiver of any other rights the parties may have ander this MOU, 22,2 The principles of seniority (length of service) shall govern layoffs as described herein, except in the event that more than one employee has the same seniority date, in which case performance also shall be, considered. The City's determination of performance shall not be arbitrary or capricious in nature. Any dispute over the application of the principles outlined in Article XXII — Layoffs shall be subject to the grievance procedure, A, Classification seniority is defined as length of service in the classification, and shall begin on the first date worked by the employee in that classification. Whenever a position within a classification is to be eliminated, resulting in the layoff of an employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first. B. In lieu of layoff, an employee may elect to work in a lower classification, in which he or she has served, providing that classification is within the same job family/career ladder. In that event, the employee's length of service in the next lower classification will be added to his or her length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications. C. The reemployinent list shall be valid for one year from the date of its establislunent. Reemployment shall be in reverse order of layoffs. The Joint Labor Management Committee will determine Job Family/Career Ladder, 22.3 A bargaining unit employee who is laid off from full time City employment pursuant to this Article, may be granted a temporary appointment to a vacant position in any classification for which there is no eligible list and for which said employee meets the minimum qualifications established for the classification and possesses the requisite knowledge, skills and abilities to satisfactorily perform the work of the classification. Such temporary appointment will be terminated upon the establishment of a new eligible list for the classification or, one year following the initial day of such temporaryappointment, whichever occurs first. 67 22.4 Contracting Out If it is decided to contract out work currently being performed by employees of this bargaining unit and it is projected that no employee covered by this MOU is to be laid off, receive a reduction in hours worked, or receive a loss in pay due to said contracting out, the City shall provide the Union reasonable notice of the decision to contract out, will meet with the Union upon the Union's request over the impact of the decision to contract out and will consider reasonable alternatives provided by the Union. If the City determines to replace employees covered by this MOU with contract workers to perform the same work under similar circumstances, it will expeditiously notify the Union of its intentions. Upon request by the Union the City will schedule meetings with the Union leadership to discuss this objective and give the Union the opportunity to present information before any final decision, The City and Union leadership agree to commence meeting with each other when practicable for a period not to exceed forty-five clays, unless mutually agreed to meet longer. At the end of the agreed upon time and if the parties have not achieved satisfactory resolution, the issues will be resolved according to the City's Employer-Employao Relations Resolution (Resolution No. 81-75). Notwithstanding the above paragraph, if any bargaining unit member is laid off as a result of a decision by the City to contract out work, the City shall make a reasonable effort to cause the affected employee(s) to become employed by the company or entity with which the City contracted for the applicable services. Prior to bringing any requests for proposal (RFP) to the City Council which would result in the contracting out of bargaining unit work, and prior to any such requests being issued. seeking such proposals, the parties agree to the following: A. The City will inform SEIU in writing of its intent to submit such request to the City Council for approval. B. The City will inform SEN in the same writing of its right to request to meet to discuss the proposed RFP prior to bringing it to the City Council or seeking such proposals to give SEIU the opportunity to discuss its position regarding the RFP with the City. C. The City agrees to meet with SEIU (at its request) at least twice within 20 working days of the written notification of the RFP to consider SEIU's positions regarding the REP. The City agrees that upon mutual agreement of the parties, it will agree to meet more than twieo prior to bringing the RFP to the City Council and upon mutual agreement may agree to give SEN more than 20 working days in which to conduct the meetings with the City representatives. D. The City also agrees that if the existing employees who will be impacted by the contracting out (i.e., those employees whose work will be contracted out if there is an RFP accepted by the City) wish to bid for the work by submitting an response to the RFP, the City will consider such response along with the other responses received. B. After the City receives the bids and identifies the most responsible bidder, the City will notify the,Union, who will have five calendar days to submit a subsequent bid which will then, be considered by the city in making its determination as to which bidder to choose. 69 ARTICLE XXIH 23.0 MISCELLANEOUS PROVISIONS 23.1 The City agrees to provide a list each month to the Union with names and classification titles of bargaining unit employees who have separated from full-time City service and the names and classification titles of bargaining unit employees who have been hired. The Union agrees to pay the City's cost of producing such lists. After ratification of this MOU by the City Council, a complete list of bargaining unit employees and their addresses will be provided to the Union once every fiscal year. 23.2 The City agrees to distribute Union membership pamphlets, to bargaining unit employees at the new employee orientation sessions conducted by the City, if such sessions are conducted. 23.3 Catastrophic Leave Donation, In order to assist employees otherwise granted leave of absence without pay by the City Manager clue to a catastrophic, non -industrial medical condition or injury, the City and Union agree to implement a Catastrophic Leave Donation Program, Nothing in this article shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City or other provisions of this MOU with regard to granting unpaid leaves of absence. For the purposes of implementing this program, "Catastrophic" condition shall mean any significant personal tragedy such as life-threatening illness or severe non -industrial illness or injury of duration of more than two (2) weeps which requires the employee to need personal time off beyond the amount of leave time he/she has accrued. Maternity leave or elective surgery, absent significant unplanned complication preventing the employee's return to work, is not considered catastrophic. The Catastrophic Leave Donation Program shall cover the uncompensated time prior to the employee's becoming eligible for the LTD benefits. A. Guidelines. It shall be understood that all donations tinder this procedure are voluntary and subject to taxation for the recipient. Employees may donate vacation, compensatory time or one floating holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two-week period to submit donations, Donations received after this two-week period shall not be processed. The two-week period for each case shall be selected by the Department Head or his or her designee. 70 3, All donations must be made in two (2) hour increments, except for floating holiday donations which must be made in eight (8) hour increments. 4. Any authorization of donations not made in accordance with the procedures outlined in Section C, Subparagraph 2 below will not be processed, 5. All donations shall be irrevocable. 6, In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article X — Other Leaves of Absences, Sections 10.1— Sick Leave. B. Eligibility, Regular, full-time employees shall be eligible for Catastrophic Leave Donations if the following criteria are met: I. When, it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time and vacation, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The employee's Department Head, or his or her designee, has approved a written request for donations accompanied by a medical statement from the employee's attending physician, The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be, unable to work. C. Procedure, 1. Upon receipt of a valid request for donations from an eligible employee, the Department Head or his or her designee shall post a notice within forty eight (48) hours of receipt of the eligible employee's need for donations via email and on bulletin boards accessible to employees. No confidential medical information shall be included in the Posted notice. 2. Employees wishing to donate time to an eligible employee must sign his or her authorization of the transfer of suckdonated time and provide: • His or her name, department name, and employee number. • The number of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 above; • The name, department and employee number of the recipient; • A statement indicating that the donor understands such donation of time is irrevocable. 71 3. At the close of the donation period, the department shall verify that each donating employee has accrued vacation and/or compensatory time balances sufficient to cover the designated donation. 4. The department shall submit all approved donation authorizations for an eligible, employee at. one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section A above. The City shall add the donated time to the recipient's sick leave account. 23.4 Joint Labor Management Teams. The City and the Union agree to form Joint Labor Management teams for the purpose of exploring issues of mutual concern. Each team shall be comprised of an equal number of labor and management employees and shall be chaired by the Employee Relations Manager. In no case shall the activity of a team create a delay or hindrance to the ongoing operation of the City. The City and the Union shall hold a meeting upon the City's or the Union's written request to meet. 23.5 Performance Appraisals, Non -probationary performance appraisals not completed within six (6) months of the due date shall be, 'stayed and the employee shall next become subject to evaluation upon the end of the evaluation period next. following. Provided that merit advance performance appraisals shall be completed in accordance with Article IV - Salaries, Section 4.8 —Advancement Within Ranges. 23.6 Driving City Vehicles. A. Driver's Alert Decal -Based Monitoring Program By identifying high-risk driving behavior and drivers who engage in unsafe driving acts, the purpose of this program is to intervene quickly to correct and control these risk factors and high-risk activities. Driver's Alert SMART RISKT"t identifies the specific drivers who are at high risk to cause an at -fault crash, so it can be prevented, Reporting is done via 1 (800) number and an identification number on "How Am I Driving?" decals affixed to City vehicles! Reports will be transmitted to the impacted manager and can include complaints or compliments regarding a driver's activity. There is currently no discipline or reward policy in place that world impact employees being reported by this program, B. Automatic Vehicle Location (AVL) System. The automatic vehicle location (AVL) system is a means for automatically determining the geographic location of a vehicle and transmitting information to a requestor. 72 Reporting information from AVL will include route, vehicle operations, destination and idle times. The information will be used to monitor the location and usage of a vehicle to ensure the most energy and time -efficient routing and operation of vehicles. AVL database information may only be accessed and subsequently used by supervisory and management employees in participating division operations. The AVL system is not intended to monitor employee behavior; however, it may provide, but not prove to be the sole basis, for disciplinary action if data indicates employee failure to provide efficient and productive service throughout the workday. 73 ARTICLE XXIV 24.0 SOLE & ENTIRE AGREEMENT 24.1 It is understood and agreed that the parties to this MOU are subject to all current and future applicable Federal and. California laws, the City of Santa Ana Charter and Municipal Code, as well as the City's Employer-Emptcyae Relations Resolution (#81-75). The provisions of this MOU shall supersede all prior agreements and memoranda of agreement, or MOU, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City Charter. The City will continue to provide employees covered by this MOU a reduced size copy of this MOU and its attachments, including a section containing the Employer -Employee Relations Resolution of the City of Santa Ana. 24,2 Notwithstanding the abovementioned language, City personnel rules and regulations and departmental rules and regulations exist. These rules and regulations shall be continued to the extent they do not breach specific provisions of this MOU. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to breach specific provisions of this MOU. 74 ARTICLE XXV 25.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU 25.1 Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the patties regarding the provisions contained in this MOU. Neither party shall, during the tern of this MOU, demand any change to the MOU, except that nothing shall prohibit the parties from changing the` terms of the MOU by mutual agreement and in writing signed by the pasties. 75 ARTICLE XXVI 26.0 EMERGENCY WAIVER PROVISION 26.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated. immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency. 76 ARTICLE XXVII 27.0 SEPARABILITY PROVISION 27.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall ramain in full farce and effect for the duration of this MOU, provided that if any such affectedprovisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 77 ARTICLE XXVIII 28,0 TEPM OF MOU 28.1 The term of this MOU shall be from July 1, 2017 through December 31, 2018. w ARTICLE XXIX 29.0 RATIFICATION AND EXECUTION 29,1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City and the Association and entered into this $111 day of December 2017. Dated: Dated: Dated: ATTEST: CLERK OF F THE COUNCI Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: �XC�R� -I N • V z SONIA R, CARVALIIO, CITY ATTORNEY CITY OF SANTA ANA, a Municipal Corporation of the State of California ,''./�,/ MA C CITY MANAGER By: EL SERVI ES V This MOU has been ratified by the membership of the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721. SEIU: Dated: q J ds—) I F Ey; ryi Jody 4ipple Legal Counsel EXIIIBIT A—LIST OF FULL-TIME CLASSIFICATIONS REPRESENTED BY SEIU Accountant Accountant 11 Accounting Assistant/Systems Technician Accounting Assistant Accounts Payable Supervisor Active Transportation Coordinator Arts & Culture Specialist Asset Management Analyst Assistant Buyer Assistant Engineer I Assistant Engineer II Assistant Fleet Equipment Technician Assistant Instrument Technician Assistant Librarian Assistant Parks/Landscape Planner Assistant Plan Check Engineer I Assistant Plan Check Engineer II Assistant Planner I Assistant Planner II Assistant Traffic Operations Engineer Associate Park and Landscape Planner Associate Plan Check Engineer Associate Planner Bibliographic Technician Building Inspector Building Maintenance Aide Building Maintenance Supervisor Building Maintenance Technician Building Technician Business Tax Collector/Inspector Buyer/Systems Technician Buyer Central Services Supervisor Code Enforcement Associate Code Enforcement: Officer Code Enforcement Supervisor Combination Building Inspector Community Development Analyst Comumnity Development Commission Secretary Conununity Development Technician 81 Community Events Supervisor Community Liaison Community Services Supervisor Computer Operator Computer Programmer Computer Systems Analyst/Programmer Construction Inspector I Construction Inspector II Contracts Administrator Correctional Records Specialist Custodial Aide/Porter Custodian Supervisor Custodian Customer Service Representative Data Entry Office Asst Data Entry Operator Data Entry Specialist Deputy Clerk of the Council DNA Coordinator Downtown Development Liaison Economic Development Aide Economic Development Specialist I Economic Development Specialist II Economic Development Specialist III Electrical Inspector Employment Services Fiscal Specialist Engineering Aide Environmental Coordinator Equipment Operator - Water Services Equipment Operator Executive Secretary Facilities Supervisor Fleet Parts Specialist Fleet Services Supervisor Fleet Services Technician I Fleet Services Technician II Fleet Services Technician III General Maintenance Aide General Maintenance Leader General Maintenance Supervisor General Maintenance 'Worker GIS Administrator GIS Systems Analyst/Programmer 82 Graphics Designer I Graphics Designer II Housing Authority Aide Housing Authority Analyst Housing Authority Coordinator Housing Authority Intake Specialist Housing Authority Operations Supervisor Housing Programs Aide Housing Programs Analyst Housing Programs Coordinator Housing Specialist I Housing Specialist II Information Services Representative Instrument Technician Intake Specialist Landscape Development Associate Lead Accounting Assistant Lead Correctional Records Specialist Lead Police Records Specialist Librarian Library Aide Library Services Assistant Loan Specialist Mail Clerk/Messenger Maintenance Assistant Maintenance Worker I Maintenance Worker II Meter Reader Collector Micro System Programmer Micro Systems Technician Neighborhood Improvement, Projects Specialist Network Engineer Network Specialist/WAN Systems Administrator NPDES Manager Office Assistant Office Specialist Office Supervisor Park Maintenance Aide Park Ranger Park Services Inspection Supervisor Park Services Inspector I Park Services Inspector 11 Parking Meter Operations Supervisor IN Parking Meter Technician I Parking Meter Technician II Permit Services Processor Permit Services Supervisor Permit Services Technician Plan Examiner (T) Planning Assistant Planning Commission Secretary Plumbing Inspector Police Fiscal Officer Police Fiscal Services Supervisor Police Records Specialist Police Records Supervisor Police Systems Support Analyst Principal Librarian Principal Programmer Analyst Programmer Analyst Projects Manager Property Control Specialist Property Rehabilitation Assistant Public Works Crew Leader Public Works Dispatcher Public Works Project Manager Public Works Projects Specialist Public Works Safety Coordinator Purchasing Assistant Purchasing Specialist Purchasing Supervisor Receptionist Records Specialist Recreation Leader Recreation Program Coordinator Reprographic Equipment Operator Residential Construction Specialist Revenue and Contract Compliance Auditor Revenue and Contract Compliance Examiner Revenue Processing Assistant Revenue Supervisor Sanitation Inspector I Sanitation Inspector II Secretary Security Electronics Technician Senior Accountant 0 Senior Accounting Assistant/Systems Toohnician Senior Accounting Assistant Senior Assistant Engineer Senior Building Inspector Senior Civil Engineer Senior Combination Building Inspector Senior Community Development Analyst Senior Community Planner Senior Correctional Records Specialist Senior Deputy Clerk of the Council Senior Electrical Inspector Senior Electrical Systems Specialist Senior Engineer Senior Fleet Services Supervisor Senior Grading Specialist Senior Housing Specialist Senior Land Surveyor Senior Librarian Senior Library Technician (T) Senior Office Assistant Senior Office Specialist Senior Park Services Inspection Supervisor Senior Plan Check Engineer Senior Planner Senior Plumbing Inspector Senior Plu nbing/M;echaoical Systems Spec. Senior Police Records Specialist Senior Programmer Analyst Senior Receptionist Senior Residential Construction Specialist Senior Systems Administrator Senior Traffic Engineer Senior Transportation Analyst Senior Water Services Supervisor Senior Water Systems Operator Stock Cleric Storekeeper Stores 8s City Yard Property Specialist Stormwater Coordinator Street Lighting Maintenance Worker Street Maintenance Supervisor Street Painter Supervising Accountant 85 Supervising .buyer Supervising Library Services Assistant Supervising Park Ranger Survey Party Chief Survey Party Technician I Stuvey Party Technician II Systems Administrator Systems Support Analyst Systems Technician Telecommunications Coordinator Telecommunications Customer Service Representative Tenant Services Technician Treasury Services Specialist Treasury Services Supervisor Tree Maintenance Supervisor Tree Trimmer Utilities Billing/Systems Technician Video Technician Water Services Crew Leader Water Services Motor Repairer I Water Services Meter Repairer II Water Services Production Supervisor Water Services Quality Coordinator Water Services Quality Inspector Water Services Quality Supervisor Water Services Supervisor Water Services Utility Inspector Water Services Worker I Water Services Worker II Water Systems Operator I Water Systems Operator II Water Systems Operator Ill Web Systems Technician Website Entry Specialist Work Center Coordinator Workforce Specialist I Workforce Specialist II Workforce Specialist III Workforce Specialist IV Youth Services Supervisor Youth Services Technician Zoo Animal Registrar Zoo Curator of Education Zoo Curator Zoo Education Specialist Zoo Keeper Aide Zoo Keeper I Zoo Keeper H Zoo Operations Coordinator E31