HomeMy WebLinkAbout20C - AA AND MOU WITH SEIUREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 5, 2020
TITLE:
APPROVE AN APPROPRIATION
ADJUSTMENT AND APPROVE A
MEMORANDUM OF UNDERSTANDING
WITH THE PART-TIME CIVIL SERVICE
EMPLOYEES' UNIT, SERVICE
EMPLOYEES INTERNATIONAL UNION
LOCAL 721 (SEIU)
(GENERAL FUND AND OTHER FUNDS)
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2i1 Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
[eZe1►II1►l1110111[01
/s/Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Approve an Appropriation Adjustment transferring $10,980 from General Fund Non -
Departmental into the appropriate General Fund Accounting Units noted in (Exhibit 1).
2. Authorize with City Manager to execute a Memorandum of Understanding (MOU) with the
Part -Time Civil Service Employees' Unit (PTCS), Service Employees International Union
Local 721 (SEIU) for the period of July 1, 2019 through June 30, 2022, regarding wages
and other terms and conditions of employment (Exhibit 2).
DISCUSSION
The City and the Part -Time Civil Service Employees' Unit, Service Employees International Union
Local 721 (SEIU-PTCS) recently completed contract negotiations with a majority membership
vote on March 5, 2020, resulting in a new Memorandum of Understanding (MOU). The
provisions of the agreement include:
1. Term: Effective July 1, 2019 through June 30, 2022.
2. Salary: The agreement provides a cost of living adjustment effective in each pay period
which includes July 1, 2019, July 1, 2020, and July 1, 2021. Classifications covered by this
MOU shall receive a base salary increase of seven (7) salary rate ranges (approximately
3.5%).
20C-1
Agreement with SEIU PTCS 2019-2022
May 5, 2020
Page 2
The initial salary increase will be provided to those employees currently employed as of
the date the MOU is adopted by Council and retroactively paid to the pay period including
July 1, 2019.
3. Holiday Closure: The City and SEIU-PTCS have agreed to a mandatory City-wide winter
holiday closure each year during the term of this MOU and shall sunset on June 30, 2022.
This provision expires June 30, 2022, unless mutually agreed otherwise by the parties.
4. Health and Dental Allowances: The City will continue to provide a prorated monthly
allowance of 75% of the City's contribution allotted to full-time SEIU represented
employees for health and dental insurances based on coverage level selected by
employee. The SEW full-time unit received increased towards health and dental
allowances beginning January 1, 2020 and each January thereafter during the term of the
MOU July 1, 2019 through June 30, 2021. The SEIU-PTCS will receive an indirect
increase to these allowances due to the SEIU full-time unit increase. The increase cost is
reflected in the fiscal impact section.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's effort to meet Goal #7 - Team Santa Ana, Objective #4
(establish employee compensation that attracts and retains a highly qualified workforce),
Objective #5 (create a culture of innovation and efficiency within the organization), Objective #6
(provide a positive workplace environment that supports the health of its employees and
celebrates its success), and Objective #7 (develop a culture of motivated and innovative leaders
in the organization).
FISCAL IMPACT
During the three-year term of the agreement, the total cost increase for the bargaining unit is
$31,992 (all funds), including the fiscal year 2019-2020 increase of $13,060 (Exhibit 1).
Exhibits: 1. Fund Break-out — General Fund Accounting Units and Fund Categories
2. SEIU-PTCS MOU July 1, 2019 through June 30, 2022
20Ci-2
Department
Community Development
Finance
Parks & Recreation Agency
Police Department
SEW PTCS EXHIBIT 1: FY 2019-20
GENERAL FUND
Accounting Unit Number
01118811
01110120
01113220
01114402
Accounting Unit Name
Fiscal Impact
Homeless Services
2,838
Purchasing
4,192
Zoo
1,490
Human Resources
2,460
Additions Subtotal
10,980
TRANSFER FROM NON -DEPARTMENTAL TO ABOVE -REFERENCED GENERAL FUND ACCOUNTING UNITS
General Fund Non -Departmental 0110515 General Non -Departmental (10,980)
GENERAL FUND NET FISCAL IMPACT 0
FISCAL IMPACT AMOUNT NOTED BELOW WILL BE ABSORBED WITHIN EXISTING BUDGET
Internal Service Fund
Department Accounting Unit Number Accounting Unit Name Fiscal Impact
Public Works Agency 10117605 Development Engineering 2,080
ADDITIONS GRAND TOTAL 13,060
20C-3
EXHIBIT 2
DULY 1, 2019 - NNE 30, 2022
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
AND
PART-TIME CIVIL SERVICE EMPLOYEES UNIT
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
W y
2019-2022 MOU Cityof Santa Ana & SEWPart-Time Civil Service Employ it Page 1
20C-4
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE PART-TIME CIVIL SERVICE EMPLOYEES UNIT
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
JULY 1, 2019 — JUNE, 30, 2022
Table of Contents
ArticleI.......................................................................................................................................... 8
1.0 RECOGNITION.........................................................................................................1. 8
ArticleH................................................ ......................................................................................... 9
2.0 NON-DISCRIMINATION CLAUSE........................................................................... 9
ArticleIII.....................................................................................................................................10
3.0 ATTENDANCE AND HOUR LIMITS.....................................................................10
3.1 Attendance..................................................................................................................10
3.2 Hour Limits.................................................................................................................10
3.3 Hourly Conversion......................................................................................................1.0
ArticleIV.....................................................................................................................................11
4.0
SALARIES. ......................................................... I ..............................
4.1
Basic Compensation Plan ...........................................................................................11
4.2
Salary Schedule..........................................................................................................11
4.3
Salaries........................................................................................................................12
4.4
Application of Basic Compensation Plan ...................................................................12
4.5
Probation.....................................................................................................................12
4.6
Beginning Rates..........................................................................................................13
4.7
Service........................................................................................................................13
4.8
Advancement within Ranges......................................................................................14
4.9
Reduction in Salary Steps...........................................................................................15
4.10
Promotion...................................................................................................................15
4.11 Demotion....................................................................................................................15
Santa Ana & SEIU Part -Time Civil Service Employee^ Page
2019-2022
MOU City of
C
Z��/�
20C-5
4.12 Reallocation of Salary Rate Ranges........................................................................... 16
4.13 Request for Classification Review.............................................................................16
ArticleV
.......................................................................................................................................18
5.0
ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES........................................18
5.1
Assignment Pay Differential.......................................................................................18
5.2
Lead Pay.....................................................................................................................18
5.3
Bilingual Pay..............................................................................................................18
5.4
Shift Differential.........................................................................................................19
5.5
Standby Pay................................................................................................................
20
5.6
Call Back Duty...........................................................................................................
21
5.7
Temporary Upgrade Assignment Pay.........................................................................
21
5.8
Authority for Assignments.........................................................................................
23
5.9
Career Development Incentives..................................................................................23
5.10
Jury Duty or Witness Leave.......................................................................................24
ArticleVI
.....................................................................................................................................25
6.0
OVERTIME................................................................................................................25
6.1
General Policy for Overtime Work.............................................................................
25
6.2
Definition....................................................................................................................25
6.3
Computation of Forty (40) Hour Workweek..............................................................25
6.4
Compensation for Overtime.......................................................................................
26
6.5
Compensatory Time....................................................................................................
26
6.6
No Effect on Other Benefits.......................................................................................27
6.7
Overtime Work to be Minimized................................................................................27
ArticleVU....................................................................................................................................28
7.0 HOLIDAYS................................................................................................................28
7.1 City Holidays.............................................................................................................. 28
7.2 Requirements..............................................................................................................29
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Un' Page 3 �nl
20C-6 2/4/w
�
7] Use of 7lo�e-....-~~---..`~.~~-_..~.~~--^^^-~~.'~~~~'
�
7.4 K4uxinunu/\counun{atiouof .-..'.',.-.-~..~.,^....'^..~`-^._.
7.5 Winter Holiday Ck,nure...^...--,~.~.~-.~~~-.~'..~'~^^'.^.,~.~.~. 2/
34
8.0
`�/�C/�TI{)k|.....-^~'~~..~^~~...~'..~'^^.~-..-~~^.^..~-~^^~~.
�
8.1
Purpose ~^^~^^~~`-^~-~^~^~~~~.^-^~^-~-^`-~-~~~^~~^^~--~^-^`^
82
/�cu�ud..,.......~'--.-~..~...-.~-..—~-.~'~-~-..-~~,.-~.~.-
�
8.3
Use ufVacation ........................... ..............................................................................
vv
�
Kf\/uou�oo(�uob^{}ot~...^,...,...`.,~^~._,-.^,~^..°....~-.^.'~~.-^
37
/kxtkcKe%��...,-.....~...~.^^^~..~...-^....-~^._~^.`-^--~^~^^~'~^^--^.
�
9,0
OTHER LEAVES ()F ABSENCE ..............................................................................
ov
9.1
Sick Leave -.-._.~-~^~,~-^.---...~^^~-^'~^^.^----^-"^`~~^^"
V2
8cneuvuo�eu1Leave -.,...,,.~-~~..--~.-.-~^~~..~~~.._..-......
�
V3K8�hmnLeave
..°.~.~~-~,~~...~.~.~~.~.--^'.~,..._-.-...~°-
�
9.4
Eouoo�u�iouLeave ..~.~.~....-~.^.-^.^...~-.-`.~...~..,.-^-`~
�
9.5
Unauthorized Absence ................................................................................................
«^
9.6
Authorized Absence Without Pay --Obor Tnou....~....~.'~~~_~..~..-ya
9.7
Authorized Absence Without Pay -- Long Term ......................................................
eo
9.8
lod^x�iu|Leave ..~.,.~.--~".^-.~.._-^-~~-^'--^-~^~^^^^~~-~~.
�
9.9
Pregnancy Disability Leave ...................... .................................................................
43
0J0Lcuvo.......~..-.^~^~^~-^~-~^~~...~~.~.^.~°~~,.~.
�
�
��«��le��^��~^^^��.''.^~~~����^^�^�^^��^^^�^�~^���~~�'^��^���^�~^^
10.0 EMPLOYEE INSURANCE BENEFITS .................................................................... */
18J Medical Health Insurance ........... ....~~~.~~.'~~^.,.'.~~..~.~.^.~..^~~4'
102 Dental Insurance ......................................... ~.,.-~-~~`^'_~-^,-~-_....... ="
-
2O10'2022MOUCity ofSanta Ana &SE[UYar�TirueCb�lService
nit Page 4 Im
�
��«��
�»��K
10.3 Long -Term Disability Insurance................................................................................. 48
t0.4 Life Insurance.............................................................................................................48
10.5 Benefits Advisory Committee....................................................................................48
10.6 Retirement Health Savings (RHS) Plan ...................................................................... 48
10.7 Vision Insurance.........................................................................................................49
ArticleXI
.....................................................................................................................................
50
11.0
RETIREMENT...........................................................................................................
50
11.1
CaIPERS Retirement Plans.........................................................................................
50
11.2
Contributions..............................................................................................................
50
11.3
CalPERS Benefit Options...........................................................................................
51
ArticleXII.................................................................................................................................... 53
12.0 TOOLS........................................................................................................................53
12.1 Personal Tools............................................................................................................ 53
12.2 Tool Allowance.......................................................................................................... 53
12.3 Lost or Stolen Tools.................................................................................................... 53
ArticleXIII.................................................................................................................................. 54
13.0 UNIFORMS................................................................................................................54
13.1 Uniforms.....................................................................................................................54
14.1 Central Safety C'ommittee...........................................................................................55
14.2 Safety Shoes................................................................................................................ 55
ArticleXV.................................................................................................................................... 56
15.0 GRIEVANCE PROCEDURE..................................................................................... 56
15.1 Definition of a Grievance........................................................................................... 56
2019-2022 MOU City of Santa Ana & SE[U Part -Time Civil Service Employe t Page 5
20Cm8 �uf%
15.2
Informal Process — First Step....................................................................................
56
15.3
Formal Process............................................................................................................57
15.4
Reservation of Rights.................................................................................................
57
ArticleXVI...................................................................................................................................58
16.0
UNION RIGHTS........................................................................................................
58
16.1
Union Representatives ................................................................................................58
16.2
Release Time..............................................................................................................
58
16.3
Worksite Access.........................................................................................................
60
16.4
Use of Bulletin Boards................................................................................................
61
16.5
Use of City Facilities..................................................................................................
61
16.6
Payroll Deductions......................................................................................................
61
16.7
Reporting Requirements.............................................................................................
63
16.8
New Employee Orientations.......................................................................................
63
ArticleXVII .................................................................................................................................65
17.0 CITY" RIGHTS............................................................................................................65
17.1 Management Rights....................................................................................................65
17.2 Meet and Confer on Impact........................................................................................ 66
ArticleWilI................................................
18.0 ANTI -STRIKE CLAUSE ............
18.1 Prohibited Conduct ......................
18.2 Union Responsibility ...................
................................. 67
............................ I ............. ... 67
.................................................. 67
............................................................ I ...... I......... 67
ArticleXIX.......................................................................................
19.0 LAYOFFS.......................................................................
19.1 Notice of Layoff.............................................................
19.2 Order of Layoff...............................................................
19.3 Reemployment List .........................................................
............................................ 68
............................................ 68
............................................ 68
............................................ 68
........ ...................... I............. 69
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees
20C-9
AD\ge 6 i ti
/� U
19.4 Temporary Assignment.............................................................................................. 69
19.5 Contracting Out.......................................................................................................... 69
ArticleXX....................................................................................................................................70
20.0 MISCELLANEOUS PROVISIONS...........................................................................70
20.1 Full -Time Eligible Lists.............................................................................................. 70
20.2 Joint Labor Management Teams................................................................................ 70
20.3 Perfonnance Appraisals..............................................................................................70
ArticleXXI................................................................................................................................... 71
21.0 FULL UNDERSTANDING, WAIVER & SEPARABILITY .................................... 71
21.1 Intent of Agreement. ................................................................................................... 71
21.2 Rules and Regulations................................................................................................ 71
21.3 Waiver of Bargaining............................................................ ...... 71
...............................
21.4 Emergency Waiver Provision..................................................................................... 71
21.5 Separability Provision.................................................................................................72
Article XXII..................................................
22.0 TERM OF MOU ..........................
EXECUTION OF THE NEW AGREEMENT......
ExhibitA .......................................................
................................................................... 73
................................................................... 73
.............................................. 74
.... 75
u2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employee ni Page 7 v
20C-10��
ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-blilias-Brown Act, Government Code §3500,
et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Service
Employees International Union, Local 721 (hereinafter called the "Union" or "SEIU') as
the recognized representative of the bargaining unit which includes part-time civil service
personnel employed by the Ciry in classifications listed in Exhibit A of this Memorandum
of Understanding (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 the City's Employer -Employee Relations Resolution
(EERR) No. 81-75.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees it Page 8 (^
20C-11
ARTICLE Il
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and the Union agree they 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,
natural hair and hair styles associated with race, gender, gender identity, gender expression,
military or veteran status, and other protected classifications as defined by the California
Fair Employment and Housing Act (FF.HA).
2.2 The City and the Union shall reopen any provision(s) of this MOU for the purpose of
complying with any order of a Federal or State agency or court of competent jurisdiction,
if a modification or change in any provision(s) of this MOU is required to remain in
compliance with State or Federal anti -discrimination laws.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees
20C-12
rt Page 9 `
0
ARTICLE III
3.0 ATTENDANCE AND HOUR LIMITS
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 Hour Limits
Persons appointed to a part-time civil service position work an average of twenty (20) to
thirty-nine (39) hours per week.
Pay periods for part-time civil service employees run from the eleventh (1111) of the month,
through the twenty-fifth (251) of the same month, and from the twenty-sixth (26") of the
month through the tenth (10 h) of the following month.
3.3 Hourly Conversion
Whenever reference is made to a required number of days, months, or years for frill -time
civil service employees in this MOU, an equivalent number of hours shall be substituted to
satisfy an equivalent requirement for part-time civil service employees as defined in
Section 3.2 of this MOU.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit ge
20C-13
ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan
There is an established basic compensation plan for all part-time civil service 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/or its
exhibits.
4.2 Salary Schedule
A. The basic salary and wage schedule, as periodically updated and published by the
City, provides various salary rate ranges, each comprised of six (6) steps or rates
of pay.
The respective rate ranges are identified by a three (3) digit number
The steps within each range are identified by the letters "AA" and "A" through "E"
inclusive, with Step "AA" being the lowest step in the range.
Step "AA" is the normal beginning pay rate.
Step "A" is an automatic step increase after the completion of one thousand and
forty (1040) hours in the next lower step. It is also an optional hiring rate.
Steps "B" and "C" are an automatic step increase after the completion of two
thousand and eighty (2080) hours in the next lower step. They are also an optional
hiring rate.
Step "D" is an automatic step increase after the completion of two thousand and
eighty (2080) hours in the next lower step. It is the maximum hiring rate.
Step "E" is a performance based step increase which an employee may be eligible
to receive after the completion of three thousand, one hundred and twenty (3120
hours in Step "D".
Specific provisions governing advancement within salary rate ranges for part-time
civil service employees are set forth in Section 4.8 of this MOU.
B. During the term of this MOU, it is the City's intent to eliminate the salary matrix
and create a salary schedule. The parties acknowledge and agree that elimination
of the salary matrix and implementation of the salary schedule is a meet and confer
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit it
20C-14 0 ov
issue. Once the City is ready to move forward with elimination of the salary matrix
and creation of the salary schedule, it will provide its proposal to the Union and the
parties agree to promptly meet and confer on the issue. No changes will be made
until the negotiations process has been completed. The parties acknowledge that
such a change will require modification to language in several provisions of this
MOU.
4.3 Salaries
The base salary rate of each employee and classification shall be increased as follows:
A. Effective in the pay period including July- 1, 2019 — A base salary increase of seven
(7) salary rate ranges, which is approximately three and one-half percent (3.5%).
This salary increase shall be provided to those employees who are currently
employed as of the date the MOU is approved by the City Council.
B. Effective in the pay period including July 1, 2020 — A base salary increase of seven
(7) salary rate ranges, which is approximately three and one-half percent (3.5%).
C. Effective in the pay period including July 1, 2021 — A base salary increase of seven
(7) salary rate ranges, which is approximately three and one-half percent (3.5%).
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
are monthly salary rate ranges; however, all employees working in classifications of
employment covered by this MOU shall be compensated at an hourly rate.
The regular rate of pay shall be computed as provided for by the Fair Labor Standards Act
(ELSA).
Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by
dividing the monthly salary rate by one hundred and seventy-three point thirty-three
(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 ($0.005) shal I
fix the rate at the next higher whole cent.
4.5 Probation
A. The probationary period shall be two thousand and eighty (2080) hours, which is
the hourly equivalent of one (1) year from the date of appointment from an open
eligible list (new hire) or a reappointment eligible list (rehire).
B. The probationary period shall be one thousand and forty (1040) hours for
employees who are promoted within the unit, which is the hourly equivalent of six
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Uni Page 12 0\�
20C-15
(6) months from the date of appointment from a promotional eligible list.
4.6 Beginning Rates
A new employee shall be paid the rate shown as Step "AA" in the salary rate range
allocated to the classification of employment for which he/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 "A," "B," "C," or "D" within the
allocated salary rate range for the classification in which he/she is being hired. if approved,
such new employee shall be assigned to a salary step upon the commencement of his/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 further provisions of this
article.
4.7 Service
The word "service" as used in this MOU shall be deemed to mean continuous, full-time
service, or an equivalent number of hours, 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.
For the purpose of this MOU, an equivalent number of hours shall mean the following:
• Two thousand and eighty (2080) hours for one (1) year.
• One thousand and forty (1040) hours for six (6) months.
Employees hired after the lust (I:t) work 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 [i.e. less than two (2) weeks' notice], or discharge, shall serve
to eliminate the 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/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/she was at the time of
termination of employment.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employee, ! R age 13
V
20C-16
"Resignation, quit, or discharge" for purposes of this section shall mean separating from a
Part -Time Civil Service City position in an unrelated classification outside the career
ladder.
4.8 Advancement within Ranges
A. Length of Service Advancements
After the salary of an employee has been first established, such employee shall be
advanced from 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. Each advancement shall be
effective the first (Vday of the month following the date of completion of the
length of service required for the advancement, as provided in Section 4.2 and the
salary schedule.
B. Merit Advancement
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. The effective date of such merit increase, if granted, shall be on
the first (1 `') 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 efficient
performance of the duties of his/her position. Such merit advancement shall require
the following:
1. Human Resources shall keep on file in the office of the Executive Director of
Human Resources, a copy of each 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/her last salary advancement.
2. The Department Head, at least twenty (20) calendar days 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.
3. No advancement in salary above Step "D" shall become effective until
approved by the City Manager, except when placement on a salary step above
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees U Page 14
20C-17
Step "D" results from promotion under the provisions of Section 4.10 of this
article.
C. Length of Service Required When Advancement Denied
When an employee has not been approved for advancement to merit Step "E,"
he/she may be reconsidered for such advancement after the completion of five
hundred and twenty (520) hours of additional service and shall be reconsidered for
such advancement after the completion of one thousand and forty (1040) hours of
additional service. This reconsideration shall follow the same steps and shall be
subject to the same actions as provided in subparagraph B of this section.
4.9 Reduction in Salami Steps
Subject to the provisions in this section, 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 Head, and the approval of the City Manager.
The procedure for such reduction shall follow the same procedure as outlined for merit
advancements in Section 4.8 above.
An employee reduced to Step "D" may be considered for re -advancement under the same
provisions as contained in Section 4.9C above.
4.10 Promotion
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/she shall be reassigned to
Step "AA" 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 "AA, ' he/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 five percent (5.0%) over his/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 salary step, approximately five percent (5.0%)
increase.
4.11 Demotion
When an employee is demoted to a position in a lower classification, his/ her salary rate
shall be fixed in the appropriate salary rate range for the lower classification in accordance
with the following provisions:
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unite Page 15 %„ 1
20Ci-18
A. The salary rate shall be reduced by at least one (1) salary step, which is
approximately five percent (5.0%).
B. The new salary rate must be within the appropriate salary rate range.
C. The new salary rate shall not be higher than the salary step to which the employee
would have been entitled had his/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 shalt 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.
4.12 Reallocation of Salary Rate Ranges
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/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
A. Any employee who, for a continuous period exceeding one (1) year, believes he/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 Human Resources, outlining in
writing how they believe their current duties and/or responsibilities differ from thei r
classification concept.
B. The Department Head will review the employee's submitted request and within
sixty (60) calendar days will make one (1) of the following determinations:
1. Will support the employee's request.
a. If the Department Head supports the employee's request for a classification
review, he/she shall forward the request to the Executive Director of Human
Resources along with justification for support of the employee's request.
b. The Department Head shall notify the employee that his/her request has
been submitted to the Executive Director of Human Resources.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Un/4� ' e 16 nj
C�
20C-19
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/she shall 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/she can do the
following:
Return the employee to performance of the duties and/or
responsibilities of their proper classification.
• Eliminate the higher duties and/or responsibilities being performed by
the employee, for which the City has agreed are those for which it
shall provide higher compensation.
C. Any employee request for classification review approved by the Department Head
shall be forwarded to the Executive Director of Human Resources. The Executive
Director of Human Resources shall confirm receipt of the request in writing to the
employee. Within sixty (60) calendar days of receipt of the request, the Executive
Director of Human Resources shall notify the employee and Department Head of
the decision as to whether a study will be conducted. if the Executive Director of
Human Resources determines that a study is appropriate, the Executive Director of
Human Resources shall so notify the employee and the Department Head in writing
and shall provide the employee and Department Head with an approximate start
date for the study.
D. Determinations of the employee's Department Head and the Executive Director of
Human Resources are not final. 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 Human Resources. The City Manager's
decision is final.
This process is not subject to the grievance provisions of this MOU,
E. All studies and study findings shall require City Manager approval before
proceeding.
All recommendations resulting from study findings require the approval of the City
Council and shall be implemented in accordance with the City's Civil Service rules.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit / e 17 e
20C-20 �uf�
ARTICLE V
5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
5.1 Assignment Pay Differential
Any full-time employee, in an SEIU represented bargaining unit, receiving assignment pay
differential (in accordance with Article V of the full-time employees unit MOU) who
moves into this bargaining unit during the term of this MOU will continue to receive
assignment pay differential if the employee continues performing the job duties for which
the assignment pay differential was originally given.
5.2 Lead Pay
An incumbent who is regularly and continuously assigned to lead a functional unit which
includes two (2) or more part-time positions in the same, equivalent, 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 Human Resources. This compensation shall be referred to as lead pay and shall
be set at a rate ten (10) salary rate ranges, which is approximately five percent (5.0%) above
his/her then current base monthly salary step.
5.3 Bilingual Pay
An employee who is assigned by a Department Head or his/her designee to a position
requiring bilingual capability in both English and any other language or in sign language,
shall be paid a monthly assignment pay differential in accordance with the criteria and
amounts set forth below:
A. Certification
Certification by the Executive Director of Human Resources as having
satisfactorily demonstrated conversational fluency in both languages for any
position requiring bilingual capacity. There shall be periodic recertification of such
bilingual capability.
B. Primary Bilingual Assignments
Assigned 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, shall be designated as Primary Bilingual Assignments.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Uni e 18
20C-21 ���
A qualified incumbent of such position shalt be paid a prorated amount based on
one hundred and seventy-five dollars ($175.00) per one hundred and seventy-three
point thirty-three (173.33) hours above his/her current base salary step for each full
month of such assignment.
C. Secondary Bilingual Assignments
Assigned 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, shall be designated as Secondary
Bilingual Assignments.
A qualified incumbent of such position shall be paid a prorated amount based on
forty dollars ($40.00) per one hundred and seventy-three point thirty-three (173.33)
hours above his/her base salary step for each full month of such assignment.
D. Limits on Assignments
The number of bilingual assignments shall be no larger than the requirements of
the department, as determined by the Department Head and the City Manager.
5.4 Shift Differential
A. Night Shift Differential
An employee who is continuously and regularly assigned to a schedule of work
which requires that he/she actually work a minimum of four and one-half (4.5)
hours between the hours of 5:00 P.M. and 7:00 A.M., shall be paid a shift differential
for his/her entire work shift at a rate set ten (10) salary rate ranges, which is
approximately five percent (5.0%) higher than his/her then current base salary step.
B. Early Morning Street Crew Differential
A Street Maintenance employee who is assigned to traffic painting or downtown
cleanup crews who is continuously and regularly assigned to a work schedule which
requires that he/she actually work at least fifty percent (50%) of his/her normal
daily work shift between the hours of 1:00 A.M, and 7:00 A.M., shall be paid a shift
differential for his/her entire work shift at a rate set ten (10) salary rate ranges,
which is approximately five percent (5.0%) higher than his/her then current base
salary step.
2019-2022 NtOU City of Santa Ana & SEIU Part -Time Civil Service Employees
20C-22
19
�u\`J 4A
5.5 Standby Pay
A. Standby Defined
An employee who is released from active duty, but is required by his/her
department to leave notice where he/she can be reached and be available to return
to active duty at any time other than his/her regularly scheduled working hours,
shall be said to be on standby duty.
B. Requirements of Standby
Employees in the unit may be required to be on standby for many different reasons.
Being on standby means that the employee is required to:
Be accessible by phone, email or text;
Promptly return to work after being called, emailed or texted;
Remain fit for duty and able to respond. Employees are not permitted to
drink alcohol while on standby duty.
Employees on standby shall receive a cell phone from the City and will be required
to respond to the call or text as quickly as possible. Upon responding to the call or
text, the employee will be instructed as to whether he/she is required to return to
work and will be informed of the location to which he/she must respond. Response
time will generally be the employee's normal commute time to the City and the
minimal time necessary for the employee to get ready to return to work.
C. Compensation Rates for Standby
1. Weekly Rate
Each employee shall receive two hundred dollars ($200.00) per week when
assigned to be on standby duty.
2. Daily Rate
Employees who trade days, or partial days, will have that time deducted from
their pay on a prorated daily or hourly rate. Employees who cover the day or
hours shall be paid at the prorated rate.
All trades must be approved by the Supervisor or Manager.
3. 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/she shall be
entitled to overtime pay at the rate of fifteen (15) minutes or actual time spent
per incident, whichever is greater, paid at time and one-half (1.5) per incident.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees U age 20
lu
20C-23
D. Assignment to Standby Duty
Water Production staff shall be required to serve on standby duty.
The City's preference shall be to accomplish the above through volunteers;
however, qualified employees may be directed to be on standby duty if the number
of volunteers is insufficient.
Additional standby programs may be implemented with the approval of the
Department Head and City Manager.
5.6 Call Back Duty
Any employee who is recalled to active duty from off duty, shall be entitled to overtime
pay at the rate of one and one-half (1.5) times the base hourly pay rate for time actually
worked after reporting to the place of duty, or three (3) hours pay at the base rate of pay,
whichever is greater.
5.7 Temporary Uparade Assignment Pay
In order to provide an equitable method of compensating employees who are temporarily
assigned to a vacant, full-time, budgeted, higher -level position the following shall apply:
A. General Guidelines
1. Temporary upgrade (TUG) 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.
2. Each such assignment maybe terminated at anytime, but in no event shall such
assignment continue beyond one hundred and eighty (180) days or nine hundred
and sixty (960) hours each fiscal year, whichever comes first.
Prior to recommending to the City Manager that a pay differential for a TUG
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(s) in the same or higher classification.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit P 21
y. �N
20C-24 2rGSlZO J
4. The City Manager or his/her designee must give written approval of all TUG
assignments involving an increase in pay for the appointee.
B. Eligibility
1. With the exception of those described in Section 5.713(3) below, regular, part-
time civil service employees shall receive TUG assignment pay if the following
criteria are met:
a. The work assumed encompasses the majority of the typical duties and
responsibilities of the vacated position.
b. To qualify for TUG assignment pay, employees must serve in an acting
capacity in the higher level classification for ten (10) consecutively
scheduled working days of six (6) hours each.
c. [n computing qualifying service rendered, normally granted holidays will
be included in computing actual duty days.
d. Employees must requalify for a TUG if the employee has not worked in this
specific TUG assignment for a period of eighteen (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 TUG assigtunents
among all qualified employees.
3. Employees in the following categories shall not be assigned to TUG 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. Part-time civil service employees.
C. Pa ment
1. On the eleventh (l la') consecutively scheduled working day an employee has
been serving in a TUG assignment, and for each additional consecutively
scheduled working day the employee so serves, he/she shall receive the
beginning rate (Step "AA") assigned to the higher classification or the lowest
rate in that range which is at least ten (10) salary rate ranges, or approximately
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees i Page 22
Im
20C-25 Z/ZC-('7,0
five percent (5.0%) higher than the current base salary rate he/she normally
receives (inclusive of lead pay and exclusive of any other assignment or special
pay additive), whichever is greater, except when placement at Step "E" will not
be sufficient to provide the ten (10) salary rate range increase.
If an employee has worked ten (10) consecutive days during the term of this
MOU in a higher classification, the employee shall thereafter receive TUG pay
for each day the employee is assigned to work in the higher classification during
the term of this MOU.
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 TUG
assignment pay, will not be considered in computing the amount of higher pay
to which he/she is entitled in this section above, unless the special
circumstances upon which said additive is based are also applicable to the TUG
assignment and the employee otherwise meets the criteria established for such
pay differential.
3. TUG assignments which entail moving an employee into a classification
represented by a bargaining unit other than that which represents his/her
permanent classification shall not include any change in fringe benefits for the
affected employee.
4. While working in a TUG 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 (5.0%) differential above the salary
to which an employee is entitled in his/her permanent position.
5.8 Authority for Assignments
All assignments of personnel to positions set forth in Sections 5.1 through 5.5 above shall
be made or revoked at the discretion of the Department Head.
5.9 Career Development Incentives
Any full-time employee, in an SEIU represented bargaining unit, receiving career
development incentive pay (in accordance with Article V of the full-time employees unit
MOU) who moves into this bargaining unit during the term of this MOU will continue to
receive career development incentive pay if the employee continues performing the job
duties for which the career development incentive pay was originally given.
2019-2022 MOU City of Santa Ana & SFlU Part -Time Civil Service Fmployees Unit P 23
,-
20C-26 9-Izf%10
5.10 Jury Duty or Witness Leave
A. When an on -duty employee is called to serve as a juror or non-party witness in any
court action, he/she shall be allowed to leave for the time actually required for such
service, not to exceed six (6) hours per day, without loss of pay.
Each on -duty employee called for such service shall present his/her Department
Head the jury summons or subpoena calling him/her to such service and shall pay
into the City Treasury the fees collected for such service, excluding any
reimbursement for mileage expenses.
If an employee is called to serve on jury duty during a normal day off or on a City
holiday, then the jury duty shall be considered the same as having occurred during
the employee's regular day off work; therefore, the employee will receive no added
compensation.
2019-2022 MOIL City of Santa Ana & SEiU Part -Time Civil Service Employees Unit Page 24
20C-27
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 Head, or a duly
authorized designee, may require an employee to perform overtime work. Employees are
required to obtain supervisor authorization before working overtime.
62 Defurition
A. Overtime work is defined as authorized or required time worked in excess of forty
(40) hours per workweek.
B. A workweek is a fixed and regularly recurring period of one hundred and sixty-
eight (168) consecutive hours, consisting of seven (7) consecutive twenty-four (24)
hour periods.
C. The workweek for each employee is designated by the appointing authority. An
employee's work schedule within the workweek shall not be changed for the
purpose of avoiding payment of overtime; however, nothing shall abridge
management's right to establish and change work schedules and assignments in
accordance with Article XX - City Rights.
D. Work on any regularly scheduled non -work day of which there shall be two (2) per
week, if work on any regularly scheduled non -work day is worked at management's
direction.
6.3 Computation of Forty (40) Hour Workweek
In computing the forty (40) hour workweek, the following type of work hours in a paid
status shall be included in the computation:
• Actual hours worked
• Jury/witness leave
• Bereavement leave
Any combination of the hours in this section, in excess of forty (40) hours per workweek,
shall entitle the employee to overtime.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit e 21 (�
v
20C-28 y/�s/� u
Any paid time off during the workweek for vacation leave, sick leave, holiday leave,
compensatory time off, Chapter Chair/President's Leave, Union Business Leave, and all
unpaid leave (including furlough days) shall not be counted towards the hours worked in a
workweek for the computation of payment for 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 his/her supervisor or by management.
6.4 Compensation for Overtime
The City's preferred method by which overtime shall be compensated is by monetary
payment, at one and one-half (1.5) times the employee's regular rate of pay, subject to the
provisions of Section 6.5.
6.5 Compensatory Time
A. Overtime Conversion to Compensatory Time
Should the Department Head determine that the best interests of the City will be
served thereby, his/her designee may permit an employee to be compensated for
overtime work by earning compensatory time off at the rate of one and one-half
(1.5) hours for each overtime hour worked.
B. Maximum Accumulation of Compensatory Time
Employees shall have the option to earn up to a maximum of eighty (80) hours of
compensatory time off.
C. Use of Compensatory Time
1. Since compensatory time is earned atone and one-half (1.5) hours for each hour
of overtime worked, eighty (80) hours of compensatory time equates to fifty-
three point thirty-three (53.33) hours of overtime worked.
2. Such compensatory time off shall be taken at the discretion of the employee,
when requested at least seventy-two (72) hours in advance, subject to the
operational needs and staffing requirements of the department.
3. If the Department Head or his/her designee subsequently denies the requested
compensatory time off, the employee and department will mutually agree on a
future date within one (1) year when the employee can use the paid
compensatory time off.
If the requested compensatory time off is not used within that one (1) year, such
compensatory time may be paid off in cash.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unnage 26
20C-29
4. Compensatory time off may be taken in increments as small as one-half (0.5)
hour.
5. Compensatory time off may not be granted or taken in advance of the overtime
work for which the time off compensates. Before compensatory time off may
be taken, 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 in excess of compensatory hours
already banked will be permitted.
D. Cash -Out of Compensatory Time
Upon an employee's appointment to a position in which overtime may not be
earned (FLEA exempt) or upon an employee's separation from employment, he/she
shall be paid for all compensatory time accumulated prior to such promotion or
separation from service.
6.6 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 a salary rate range.
6.7 Overtime Work to be Minimized
To the extent that he/she is reasonably able to do so, the Department Head or his/her
designee shall arrange work programs to minimize overtime work. Necessary overtime
work shall be apportioned among employees of like classification and assignment.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit P 27 �ti
7-IX� r�
20C-30 2/ �w
ARTICLE VII
7.0 HOLIDAYS
7.1 City Holidays
A. City paid holidays observed by the City are as follows:
o January 1 — New Year's Day.
o Third (3rd) Monday in January — In observance of Martin Luther King, Jr.'s
Birthday.
o Third (31) Monday in February — In observance of Presidents' Day.
o Last Monday in May — In commemoration of Memorial Day.
o July 4'^ — In observance of Independence Day.
o First (1 ") Monday in September — In observance of Labor Day.
o November I I' — In observance of Veteran's Day.
o Fourth (0) Thursday in November — In observance of Thanksgiving Day.
o The Friday immediately following Thanksgiving Day.
o Last working day before Christmas Day, unless Christmas Day falls on
Thursday, in which instance, the day following Christmas Day shall be
observed in lieu thereof.
o December 25' 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.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit e 28
���QYrI
20C-31 2/z`'
Holiday Pay/Credit
Each City holiday shall be paid/credited at the rate of six (6) hours per holiday.
C. Floatin Holiday
oliday
The floating holiday shall be credited to each employee's holiday bank in January
of each year.
D. Each employee shall receive no less than a total of seventy-two (72) hours of paid
holidays per calendar year.
7.2 Requirements
A. Employees, including those separating from service, must be in a paid status on
their workday both preceding the holiday and after the holiday in order to receive
pay or credit for the holidays provided in Section 7.1 above.
B. A newly appointed employee must complete six (6) months of continuous service
in order to earn the Floating Holiday listed in Section 7.1 above. Such employees
can then use the Floating Holiday as early as the pay period following the
completion of six (6) months in a paid status.
7.3 Use of Holiday Time
Holiday time may be taken in increments of one-half (0.5) hour.
7.4 Maximum Accumulation of Holiday
Holiday benefits may not be carried over from one (1) calendar year to the next. If an
employee has any holiday leave remaining at the end of the calendar year it will be forfeited
at the end of that calendar year.
7.5 Winter Holiday Closure
A. mandatory Closure
City Hall and all other City departments (with the exception of the Police
Department, Santa Ana Zoo, and select employees in Fleet Services Division of the
Public Works Department) shall be closed for a mandatory winter holiday closure
each year during the term of this MOU.
Subject to consultation with the Union, the City Manager may exclude other
2019-2022 MDU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 29 U�
�! IDS//
vvK
20C-32 V/L>��O
worksites, departments/agencies, positions, classifications, and/or individuals from
the mandatory closure.
B. Dates of Closures
1. 2019
a. The closure shall run from Tuesday, December 24, 2019 through
Wednesday, January 1, 2020.
b. City Hall shall re -open on Thursday, January 2, 2020 and employees
scheduled to work on that day shall return to work.
c. Employees shall observe the three (3) City paid holidays provided in
Section 7.1 on:
• Tuesday, December 24, 2019 (Last work day before Christmas Day)
• Wednesday, December 25, 2019 (Christmas Day)
• Wednesday, January 1, 2020 (New Year's Day)
d. The City shall be dark on Friday, December 27, 2019.
2. 2020
a. The closure shall run from Thursday, December 24, 2020 through Friday,
January 1, 2021.
b. City Hall shall re -open on Monday, January 4, 2021 and employees
scheduled to work on that day shall return to work.
c. Employees shall observe the three (3) City paid holidays provided in
Section 7.1 on:
• Thursday, December 24, 2020 (Last work day before Christmas Day)
• Friday, December 25, 2020 (Christmas Day)
o Employees whose regular day off is on Friday, December 25
may receive floating holiday hours for Christmas Day 2020,
which may be used to cover an additional regular day required
by the closure.
• Friday, January t, 2021 (New Year's Day)
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit / ag 30 t
20C-33 21z��
o Employees whose regular day off is on Friday, January 1s` may
receive floating holiday hours for New Year's Day 2021, which
may be used to cover an additional regular day required by the
2020 closure.
d. The City shall be dark on Friday, December 25, 2020,
3. 2021
a. The closure shall run from Friday, December 24, 2021 through Friday,
December 31, 2021.
b. City Hall shall re -open on Monday, January 3, 2022 and employees
scheduled to work on that day shall return to work.
c. Employees shall observe the three (3) City paid holidays provided in
Section 7.1 on:
• Friday, December 24, 2021 (Last work day before Christmas Day)
Employees whose regular day off is on Friday, December 241
may receive floating holiday hours for Christmas Eve 2021,
which may be used to cover an additional regular day required
by the closure.
• Monday*, December 27, 2021 (Christmas Day)
` Since December 25" falls on a Saturday in 2021 and Friday,
December 24, 2021 is already a City observed holiday, the City
shall observe the Christmas Day holiday in 2021 on the
preceding Monday, December 27, 2021 instead.
• Friday, December 31, 2021 (New Year's Day)
o Employees whose regular day off is on Friday December 31"
may receive floating holiday hours for New Year's Day 2022,
which may be used to cover an additional regular day required
by the 2021 closure.
d. The City shall be dark on Friday, December 24, 2021.
C. Additional Days Off during a Closure
1. Employees will need to choose from the options in this subsection to cover any
additional regularly scheduled work days which are not City observed holidays.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit e 31
20C-34 ZgzS w
2. Employees may use any of the following accrued leaves they have available to
cover any additional day(s) off which may be required by the closure:
• Vacation
• Compensatory 'rime off
• Holiday
3. Employees are not permitted to use sick leave for a holiday closure day unless
he/she produces a physician's certification for each day reported as sick leave.
This additional certification is not required for employees with approved
advance sick leave usage due to FMLA/CFRA/PDL (or any other protected
leave).
4. Employees shall have the option of not using paid leave for any, or all, holiday
closure day(s) and taking the day(s) off as an absence without pay.
D. Standby Assignments during a Closure
An employee assigned to standby while using leave for the holiday closure shall
receive the additional prorated hourly rate per hour, as per Section 5.5(C)(2), for
each regularly scheduled work hour (i.e., during those hours of the day which cut
across his/her regular work hours) he/she is using paid leave for, but is still assigned
to standby.
Such employee shall still adhere to the provisions of Section 7.5C to cover their
regular shift while remaining in standby mode and available for callback. However,
if an employee is recalled during their regular work hours, the time spent on the
recall shall be deducted from the paid leave for that day.
For example:
An employee regularly scheduled to work 6:30 a.m. - 4:00 p.m. on one (1) of the
clays during the closure uses nine ('9) hours of accrued vacation to cover that day.
!f that employee is recalled from 8:00 a. m. - 10: 00 a.m. on that same day, he/she
will onlv have seven (7) hours of vacation deducted from his/her vacation accrual
for that day.
E. Callbacks during a Closure
An employee who is recalled to active duty on one of the winter holiday closure
days, regardless if recalled during his/her regularly scheduled work hours, of
outside of his/her regularly scheduled work hours, or whether he/she has used paid
leave during the defined FLSA workweek, shall be paid at the callback rates defined
in Section 5.6.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Page 32
CAI %
20C-35 Z(��
Sunset Clause
This provision shall expire on June 30, 2022 and no additional mandatory winter
holiday closures may be implemented after the 2021 winter holiday closure, unless
mutually agreed to otherwise by the parties.
OJ City of Santa Ana & SETU Part -Time Civil Service Employees Unit, -,age 33 0
20C-36 �lys�zo
ARTICLE XIII
8.0 VACATION
8.1 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.
8.2 Accrual
&M
11
Employees shall accrue vacation on a monthly basis each calendar year, based on
completed years of service, as set forth in the following table:
Completed Service
in ears
Annual Accrual
in hours
Monthly Accrual Rate
in hours
1-3
72
6.0
4-5
90
7.5
6
93
7.75
7
96
8.0
8
99
8.25
9
102
8.5
10
105
8.75
11
108
9.0
12
t I 1
9.25
13
114
9.5
l4
117
9.75
15
120
10.0
16
126
10.5
17
132
11.0
18
138
11.5
19
144
12.0
20
150
12.5
Prorated Accrual in Year One
An employee who has completed less than one (1) year of service during the
calendar year shall receive a proportionate fraction in accordance with the amount
of service to his/her credit during the year; provided, however, no employee shall
be entitled to, or receive payment for, any vacation until he/she has completed six
(6) months of continuous service.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 34
q
20C-37 VI, ZJ
C. Effect of Extended Sick Leave on Vacation Accrual
Absence on sick leave or unpaid leave for a period in excess of fifteen (15)
consecutive calendar days shall not be considered as service time for vacation
accrual purposes.
D. Impact of Promotion or Transfer on Vacation Accrual
In the event a unit employee accepts another City position outside of this bargaining
unit, their length of service in this unit will be used in determining eligibility for
vacation accrual.
Length of service in this unit will be calculated at a rate ofpoint seventy-five (0.75)
per each year of full-time service.
8.3 Use of Vacation
A. Use of Vacation in First Year
On or after the first (I ') day of the month following completion of six (6) months
of continuous service, an employee may be allowed to take all or a proportionate
fraction of his/her earned vacation, subject to scheduling approval of the
employee's supervisor.
B. Rate of Usage
Vacation time off may be taken in increments as small as one-half (0.5) hour, ecith
fractional usage rounded upward to the next higher multiple of one-half (0.5) hour.
C. Time of Usage
The time at which an employee shall take his/her vacation shall be determined by
the Department Head, with due regard for the wishes of the employee and particular
regard for operational needs.
8.4 Computation of Vacation
A. Holidays during Vacation
In computing vacation, each City observed holiday that occurs during the vacation,
and that falls on a day which the employee would have worked had he/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.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit P 35
CO
20C-38 Z(a(zo
B. Sick Leave during Vacation
Should an employee suffer a sickness or injury while on authorized vacation, each
full day of such sick leave, 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.
8.5 Vacation Cash -Out
A. Annual Buy Back
1. Through December 31, 2020
Employees shall have the option to receive cash for banked vacation leave, as
follows:
Y July 1, 2019 through June 30, 2020: Up to thirty-six (36) hours.
July 1, 2020 through December 31, 2020: Up to eighteen (18) hours.
2. Effective January 1 2021 and continuing every year thereafter
a. If an employee wants to cash -out unused vacation leave they accrued during
the calendar year, they must make an irrevocable election by December 15'h
of the prior calendar year (i.e. by December 15, 2020 for a cash -out in
calendar year 2021).
b. The irrevocable election must indicate the amount of vacation hours the
employee intends to cash -out during that next calendar year.
The number of hours to be cashed -out can not exceed the total number of
hours the employee will accrue during that same calendar year, or a
maximum of one hundred (100) hours, wh chever is the lesser amount.
c. Once the election form is submitted to Human Resources, the amount of
hours to be cashed -out can not be changed for that calendar year.
d. Employees may submit a request for cash -out up to two times (2X) per year
— for payment in the pay period which includes July 1 and/or December 15.
e. In the event an employee's vacation leave balance (on either pay period
when he/she can elect to cash -out) is less than the amount of hours the
employee had previously elected to cash -out (in the prior calendar year), the
employee will only receive payment for the amount of accumulated
vacation leave remaining at the time of the cash -out in either July or
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Uni ge 36 ff ^
20C-39
December.
If an employee makes an irrevocable election to cash -out vacation in the
following calendar year and uses vacation leave during that subsequent
calendar year, the vacation leave used will first come from vacation leave
the employee had earned (if any) prior to January I" of the calendar year
the employee had elected to cash -out. The use of such earned, but unused,
vacation leave accumulated from previous calendar years shall not result in
a reduction in the amount of vacation hours the employee is eligible to cash -
out.
B. Separation from Service
Per Labor Code §227.3, the parties agree that an employee who leaves City
employment prior to completing six (6) months of service shall not receive any
payment for vacation.
Employees with at least six (6) months of service upon separation from service shall
be paid for all accumulated, but unused, vacation leave.
C . Rate of Payment
Payments shall be made based on the employee's base rate at the time of the
payment.
8.6 Maximum Accumulation
A. The maximum vacation an employee may accumulate is what he/she could earn
based on his/her completed years of service.
B. No employee may accumulate, or carry over from one (1) calendar year to the next,
more than a total of two (2) years' of earned vacation.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit e 37 �yL
20C-40 �zs��
ARTICLE IX
9.0 OTHER LEAVES OF ABSENCE
9.1 Sick Leave
A. Definition
Except as otherwise provided below, sick leave shall be deemed to mean absence
from duty of an employee because of illness, injury, medical, or dental appointment
that prevents the employee from performing the duties of his/her position and shall
be deemed to include time in quarantine resulting from exposure to a contagious
disease.
The City provides paid sick leave to eligible employees upon verbal or written
request, within the parameters of the law, for the following purposes:
Diagnosis, care, or treatment of an existing health condition, or preventative
care of an employee or an employee's qualified family member;
Specified purposes for an employee who is a victim of domestic violence,
sexual assault or stalking.
B. Accrual
Each employee shall cam six (6) hours of sick leave per month, for a total maximum
annual accrual of seventy-two (72) hours per calendar year.
C. Use of Sick Leave
1. Authorization for Use
Use of sick leave shall be authorized as follows:
a. Sick leave is not a right which an employee may use at his/her discretion,
but shall be allowed only in cases of necessity and actual sickness and
disability, as authorized in this article.
b. 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 at the prorated
amount based on hours worked will be allowed such employee during the
first 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
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees
age 38ov
1
20C-41
sick leave 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 workers' compensation related illness or injury
continues past the initial three (3) consecutive days, the employee will have
the three (3) sick days used re -credited back to his/her account. Paid sick
leave at the prorated amount will continue until the fourth (4") day when
the City pays the employee workers' compensation benefits for such illness
or injury.
c. 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 leave accrual will be capped at four hundred (400) hours.
Sick leave usage shall be charged in minimum increments of a half (0.5) hour.
Fractional usage under a half (0.5) hour shall be rounded up to the next higher
multiple of a half (0.5) hour.
E. Extended Use
The City Manager may grant medical leave of up to six (6) months without pay to
an employee who has exhausted all of his/her accumulated sick leave if a licensed
physician indicates that the employee will be sufficiently recovered to return to
his/her employment within a six (6) month period. Prior to the expiration of the
additional time, the employee may return to his/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/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.
Extension by Use of Accrued Compensatory Time Off and/or Vacation
After an employee's sick leave has been exhausted, he/she may be granted
permission to use any unused accumulated compensatory time off benefits and then
any unused accumulated vacation leave.
1.
2019-2022 MOU City of Santa Ana F. ; i lJ Part -Time Civil Service Employees Unirwyr
20C-42 ?,[Weo
G. Notification of Use
An employee taking sick leave shall notify his/her immediate supervisor prior to
the time he/she is scheduled to report for duty, or as otherwise established by
departmental regulations.
When the absence is for more than three (3) consecutive working days, upon return
to work the employee must present to his/her Department Head a physician's
certificate stating that the employee could not report to work because of such illness
or injury, and advising that the employee is sufficiently recovered to safely return
to work. Such certificate shall be forwarded to the Executive Director of Human
Resources.
Upon written request by a Department Head or designee, a physician's certificate,
or other satisfactory written evidence of the need for qualified sick leave usage,
may be required after an 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.
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.
Personal Necessity Leave
Each employee shall be afforded the opportunity to use up to thirty-six (36) hours
of sick leave per calendar year, on a non -cumulative basis, as personal necessity
leave.
1. Fan -lily Sick Leave
a. Personal necessity leave may be used to attend to an illness of a family
member.
b. A "family member" means any of the following:
• 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.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unitl,/n/ 40
20C-43
9.2
• 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.
• A spouse
• A registered domestic partner
• A grandparent
• A grandchild
• A sibling
c. A "household member" means":
Any member of the employee's 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.
2. Personal necessity leave may also be used, as follows:
• To attend to a serious accident to members of the employee's immediate
family
• Childbirth
• To cope with imminent danger to the employee's family, home, or other
valuable property
• When the existence of external circumstances beyond the employee's
control make it impossible for him/her to report for duty
• Attend to medical or dental appointments for members of the employee's
household or family member as defined above.
Bereavement Leave
A. An employee shall be granted up to three (3) working days, of six (6) hours each,
per incident of paid bereavement leave in case of death of a member of the
employee's immediate family.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Vg`e"J1
20C-44
B. "hnmediate 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, grandparent -in-
law, or grandchild of the employee, regardless of residence;
3. Subject to the discretion of the Executive Director of Human Resources, 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.
C. Upon request, an employee may use up to twelve (12) additional hours of leave
charged to their Personal Necessity Leave balance when authorized by the
Department Head.
9.3 Military Leave
A. Proof of Orders and Reinstatements
An employee shall be granted military leave if he/she furnishes the Executive
Director of Human Resources satisfactory proof of his'her order to report for duty.
Upon return and upon showing of proof of actual service pursuant to such orders,
he/she will be reinstated as provided by law and in Section 143 of the City's Civil
Service Rules and Regulations.
B. Temporary Leave
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 the hourly equivalent of one
(1) year of service with the City upon presenting satisfactory proof of orders to
and from such temporary active duties.
9.4 Examination Leave
Employees participating in examinations conducted during their normal working hours for
positions in the competitive service of the City will be granted leave with pay for the time
actually required without loss of any accrued paid leave.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit 42
20C 45 r
9.5 Unauthorized Absence
Unauthorized absence from duty for any duration of time may be considered cause for
dismissal. Absence from duty without leave for five (5) consecutive working days shall be
deemed a resignation from service; provided, however, if the employee returns to work and
provides an explanation for such absence which his/her Department Head fords
satisfactory, the Department Head may restore the employee to his/her position, with the
City Manager's approval.
9.6 Authorized Absence Without Pay-- Short Term
Absence without pay not to exceed five (5) consecutive work 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.
9.7 Authorized Absence Without Pay — Lone Term
Upon receipt of a written request from an employee having permanent status and
recommendation of approval by the Department Head, the City Manager with
recommendation from the Executive Director of Human Resources may grant a leave of
absence without pay for up to six (6) months. Additionally, the City Manager with
recommendation from the Executive Director of Human Resources may grant an unpaid
leave of absence extension of up 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 Human Resources of his/her intention at
least thirty (30) calendar days prior to the expiration of the leave of absence, or a shorter
period if less than six (6) months is taken. Upon receipt of such notice, the Department
Head will take steps necessary to restore the employee to his/her former position.
9.8 Industrial Leave
Any period of time during which an employee is required to be absent from his/her position
by reason of an industrial injury or industrial illness for which he/she is entitled to receive
compensation shall not be considered a break in continuous service for the purpose of
his/her right to salary adjustments or to the accrual of vacation and seniority.
9.9 Pregnancy Disability Leave
Employees may take an unpaid leave of absence during pregnancy disability consistent
with the Pregnancy Disability Law (PDL). Family bfedical Leave Act (FMLA) and/or
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit
20C-46
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 there from. Such reasonable leave of absence shall not
exceed four (4) months. However, an employee may be granted up to an additional two (2)
months of leave, at the discretion of the City Manager with recommendation from the
Executive Director of Human Resources, 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 a pregnancy leave must give a 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 the employee's health insurance coverage in
accordance with state and federal legislation. The employee will be required to pay a cash
premium to continue coverage while on a leave of absence without pay.
9.10 Catastrophic Leave
In order to assist employees otherwise granted a leave of absence without pay by the City
Manager due to a catastrophic, non -industrial medical condition or injury, the City shall
maintain a Catastrophic Leave Donation Program.
Nothing in this section shall be construed to alter City policies and procedures as provided
in the Charter or ordinances of the City or other provisions of this MOLL with regard to
granting unpaid leaves of absence.
For the purposes of this program, a "catastrophic" condition shall mean any significant
personal tragedy such as a life -threatening illness or severe non -industrial illness or injury
lasting more than two (2) weeks, 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 complications preventing the employee's return to work, are
not considered catastrophic.
The Catastrophic Leave Donation Program shall cover the uncompensated time prior to the
employee's becoming eligible for the Long -Term Disability benefits.
A. Guidelines
It shall be understood that all donations under this procedure are voluntary and
subject to taxation for the recipient.
1. Employees may donate vacation, compensatory time, or one (1) floating
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit
20C-47
44..
z�(� Q
holiday to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two (2) week period to submit donations.
Donations received after this two (2) week period shall not be processed. The
two (2) week period for each case shall be designated by the Department Head
or his/her designee.
3. Donations shall be for a minimum of two (2) hours and a maximum of six (6)
hours per donor. All donations must be made in two (2) hour increments, except
for floating holiday donations must be for six (6) hours.
4. Any authorization of donations not made in accordance with the procedures
outlined in Section 9.1 OC(2) 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 9.
Eligibility
Employees shall be eligible for catastrophic leave donations if the following criteria
are met:
1. When it is reasonably foreseeable that all accumulated time on the books, such
as sick leave, compensatory time, holiday and vacation, will be exhausted and
the employee's absence will continue past the time when the employee will be
on paid status.
2. The employee's Department Head, or his/her designee, must approve a written
request for donations accompanied by a medical statement from the employee's
attending physician. The attending physicians 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/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/her
authorization of the transfer of such donated time and provide:
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit a 45
20C-48
• His/her name, department name, and employee number;
• The number of hours of compensatory, holiday or vacation time to be
donated, within the limitations of Section 9. tOA(3);
• The name, department and employee number of the recipient;
• A statement indicating that the donor understands such donation of time
is irrevocable.
3. At the close of the donation period, the department shall verify that each
donating employee has accrued vacation, holiday, and/or compensatory time
balances sufficient to cover the designated donation.
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 9.1 OA.
The City shall add the donated time to the recipient's sick leave account. In no
event shall the total time credited to an employee's sick leave balance exceed
four hundred (400) hours, pursuant to Section 9.1D.
_019-2022 MOT ON of Santa Ana & SEIU Part -Time Civil Service Employees Uni ge 46 0
o-4 ,�o�n
20C-49 212�1�
ARTICLE X
10.0 EMPLOYEE INSURANCE BENEFITS
10.1 Medical Health Insurance
A. Health Plans
The City contracts with the California Public Employees Retirement System
(CalPERS) for the provision of health insurance per the Public Employees' Medical
and Hospital Care Act (PEMHCA).
The City shall make contributions toward the payment of medical health insurance
premiums for employees and their eligible dependents enrolled in a medical health
insurance plan offered through CalPERS.
The City may choose to offer new medical health plans, other than CalPERS, if
they will provide substantially similar or improved coverage and benefits.
B. Contributions
I . The City's monthly contribution for medical health insurance shall be based on
the plan coverage chosen by the employee. The City shall contribute seventy-
five percent (75%) of the City's contribution allotted to full-time SEIU
represented employees for health insurance premium costs for up to the family
(employee and all dependents) coverage.
This amount is inclusive of the CalPERS statutory minimum amount which
CalPERS determines and publishes each year.
2. Any contribution necessary to maintain benefits under said medical health plans
in excess ofthe amounts set forth above shall be borne entirely by the employee.
C. Medical Waiver Option
An employee who has primary coverage under another noo-City sponsored group
medical health plan and voluntarily waives, in writing, their City paid medical
health insurance coverage shall receive a cash payment each month in an amount
equal to seventy-five percent (75%) of the amount allotted to full-time SEIU
represented employees on a medical waiver, which is based on the monthly
premium for the City's lowest cost single "employee only" medical health plan.
If an employee opts out of medical insurance, he/she must be able to demonstrate
to the City's satisfaction that he/she has minimum essential coverage, as defined by
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit e 47 04k
F? J
20C-50 z(Z5 � N
the Affordable Care Act (ACA), through another source other than coverage in the
individual market (whether or not obtained through Covered California).
10.2 Dentallnsurance
A. The City offers two (2) types of dental insurance plans. One (1) is a Dental Health
Maintenance Organization (DHMO) plan and one (1) is a Preferred Provider
Organization (PPO) plan.
B. The City's monthly contribution for dental insurance shall be based on the plan
coverage chosen by the employee. The City shall contribute seventy-five percent
('75%) of the City's contribution allotted to frill -time SEW represented employees
for dental insurance premium costs for up to the family (employee and all
dependents) coverage.
C. Any contribution necessary to maintain benefits under said dental plans in excess
of the amounts set forth above shall be home entirely by the employee.
10.3 Long -Term Disability Insurance
The City shall allow employees, for the term of this MOLT, to participate in any aspect of
the plan offered to the City at the City rate. The cost for this benefit shall be home by the
employee.
10.4 Life Insurance
The City shall allow employees, for the term of this MOU, to participate in any aspect of
the plan offered to the City at the City rate. The cost for this benefit shall be home by the
employee.
10.5 Benefits Advisory Committee
When there is a need to discuss matters relating to employee insurance benefits and the
City believes it would be beneficial to involve a Benefits Advisory Committee (BAC), each
party (the Union and the City) shall have an equal number of representatives on such a
committee to meet as necessary.
t0.6 Retirement Health Savings (RHS) Plan
Employees participate in the ICMA-RC "Vantage Care" RHS Plan subject to the
following:
� l
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Un' ge 48 (-_(1 I SAY
r (
�P
�
20C-51
�rlI v
One and one-half percent (1.50%) will be deducted from each employee's base pay and
deposited into his/her individual RHS account each pay period. This contribution shall
be made on a pre-tax basis.
2. Upon an employee's termination of employment, the cash value of thaw eligible sick
leave balances will be deposited into the individual's RHS account, based on the
guidelines in the RIIS Plan adoption agreement, to provide the employee and his/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 accumulated, but unused sick leave,
after eligible RHS payments are made, will be converted into Ca1PERS Service Credit
per Section 11.3A and Government Code §20965.
10.7 Vision hnsurance
A. The City shall offer employees a vision insurance plan.
R. For employees who choose vision coverage, all premium costs shall be paid by the
employee through a pre-tax payroll deduction.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit ge 49
kL
20C-52 f, a1a
ARTICLE XI
11.0 RETIREMENT
11.1 CalPERS Retirement Plans
A. The terms of the existing miscellaneous plan contract between the City and
CaIPERS govern retirement benefits for employees are incorporated by reference
herein.
B. The California Public Employees' Pension Reform Act (PEPRA) went into effect
on January 1, 2013. Based on consideration of various eligibility factors, PEPRA
defines each employee as either a "classic" or "new" member of CAPERS.
1. "Classic" Members
An employee who qualifies as a "classic" member receives a retirement benefil
formula of 2.7% n 55, with no social security coverage.
The final average compensation period for a "classic" member is the single
highest consecutive twelve (12) months (Government Code §20042).
2. 'New" Members
An employee defined as a "new" member (Government Code §7522.20a)
receives a retirement benefit formula of 2% n 62.
The final average compensation period for a "new" member is the highest
average compensation earned during any consecutive thirty-six (36) month
period (Government Code §7522.32a).
11.2 Contributions
The City shall continue to make contributions to CalPERS on behalf of each individual
employee as follows:
A. City Contributions
1. "Classic" Members
The City shall continue to pay each employee's member contribution and report
it to CalPERS as compensation eamable [Government Code §20636(C)(4)].
This contribution is known as the Employer Paid Member Contribution
(EPMC), which is equal to eight percent (8.0%) of compensation earnable.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees U Page 50 c
20C-53 z/ ��
Such payments are not increases in base salary and no salary rate range
applicable to any employee 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 (IRS) confirming that these payments are deferred compcnsation, not
ordinary income.
2. "New" Members
As required by PEPRA, the City shall participate in equal cost sharing by
paying fifty percent (50%) of the normal cost, as established by CaIPERS in its
annual valuation report.
B. Employee Contributions
1. "Classic" Members
The employee contribution rate shall be eight percent (8.0%) of compensation
eamable. All employee contributions are paid towards the employer portion of
the City's CalPERS contribution. This payment shall be paid in accordance with
Government Code §20516(f) as cost sharing.
2. "New" Members
As required by PEPRA, the employee contribution rate shall be fifty percent
(50%) of the normal cost, as rounded to the nearest quarter of a percent by
CaIPERS in its annual valuation.
C. Pre -Taxable Benefit
To the extent permitted by CatPERS and IRS regulations, the City shall make any
employee contributions as a pre-tax deduction.
11.3 CaIPERS Benefit Options
The City contracts with CaIPERS to provide the following additional optional benefits:
A. Credit for Unused Sick Leave (Government Code 420965)
Upon retirement, an employee may have accumulated, but unused, sick leave
converted to additional service credit at the rate of 0.004 years of service credit for
every eight (8) hours of unused sick leave, up to a maximum of sixteen hundred
(1600) hours.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit 51
J�v
20C-54 ZfIs W
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
CaIPERS members whose effective date of retirement is within four (4) months of
separation from employment.
B. Military Service Credit as Public Service (Government Code §21024)
An employee may elect to purchase up to four (4) years of service credit for any
continuous active military, Reserve Forces, National Guard or merchant marine
service prior to employment. The employee must contribute an amount 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.
C. Pre -Retirement Death Benefits
L Optional Settlement 2W Death Benefit (Government Code §21548)
The spouse of a deceased employee, who is eligible to retire from service at the
time of death, may elect to receive a Pre -Retirement Optional Settlement 3IY
Death Benefit. The benefit is a monthly allowance equal to the amount the
employee would have received if they had retired from service on the date of
death and elected Optional Settlement Z, the highest monthly allowance an
employee can leave a spouse.
2. Fourth Level 1959 Survivors Benefit (Government Code &21574)
D. Post -Retirement Death Benefits
Post -Retirement Survivor's Allowance (PRSA) for continuation of benefits even
after remarriage (Government Code §21624, 21626 and 21628).
E. Cost of LivingAllowance(COLA) (Government Code §21329)
Up to a maximum of a two percent (2.0%) COLA as determined by CalPERS each
year.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees
52
20C-55 �fzsI'�o
ARTICLE XII
12.0 TOOLS
12.1 Personal Tools
Employees in designated classifications may be required to provide their own personal
tools which are ordinarily used in their trade.
In the event a classification in this unit is so designated, the classification shall be eligible
to receive the tool allowance provided in Section 12.2 below.
12.2 Tool Allowance
The City will provide at least one (1) vendor account for each employee who has at least
one (1) year of service in an eligible classification listed in Section 12.1 above.
These employees shall be allowed up to nine hundred dollars ($900) per fiscal year in order
to purchase tools which, in the sole determination of their manager, are necessary for the
performance of such employee's job duties.
12.3 Lost or Stolen Tools
The City shall bear no liability or responsibility in replacing lost or stolen tools, except as
provided in this article.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit PxCFS3q,'� �.y
20C-56
ARTICLE XIII
13.0 UNIFORMS
13.1 Uniforms
A. Uniform Maintenance
1. All employees who are required by the City to wear a uniform while on duty
shall continue to be provided seven (7) sets of clean uniforms every two (2)
weeks at no cost to the employees.
2. All fieldlyard maintenance, custodial and equipment repair employees shall be
provided with eleven (11) clean sets every two (2) weeks at no cost to the
employee.
3. Any employee who wishes to be provided with one(]) or more additional clean
sets per week, above the amounts specified in this section, will be required to
pay the extra cost incurred for such additional set(s).
B. All Police Records Personnel and the Senior Office Assistants assigned to the
traffic window shall be provided three (3) sets of uniforms and one (1) sweater.
2019-2022 MOU City of Santa Ana 9, SEIIJ Part -Time Civil Service Employees Unit
54
20C-57 2(i��
14.1
14.2
ARTICLE XIV
14.0 SAFETY
Central Safety Committee
Employees are eligible to serve on the City's Central Safety Committee; however, in no
case shall the total number of SEIU represented employees from SEIU bargaining units
exceed two (2) representatives and two (2) alternates.
Safety Shoes
A. The City agrees to pay up to two hundred dollars ($200) per fiscal year, to each
employee required to wear safety shoes/boots, 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.
The employee may purchase their safety shoes/boots from either a City approved
vendor or any outside vendor of their choice.
B. 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).
C. If a particular classification is designated by the City's Risk Manager as requiring
its incumbents to wear safety shoes/boots, then it will be mandatory for all
incumbents of that classification to wear the type of safety shoes/boots (boot or
low -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 a particular position and subject
to the approval or disapproval of the City's Risk Manager.
D. 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.
2019-2022 MOU City of Santa Ana & SEIU Part -Time CNril Service Employees Unit /gage 55
20C-58 z(2�
15.0
15.1 Definition of a Grievance
ARTICLE XV
GRIEVANCE PROCEDURE
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
MOIL, 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.
15.2 Informal Process — First Step
A. An employee and/or his/her designated representative must first attempt to resolve
the grievance on an informal basis through discussion with his 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 may be 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.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit
20C-59
Pag 56 A
%r
7,
15.3 Formal Process
A. Second Step — Department Head Review
The Department Head or his/her designated representative shall meet with the
employee and/or the employee's designated representative within fifteen (15)
working days after the grievance has been submitted to the Department Head. If the
Union is filing the grievance itself, it may start the grievance procedure at this step,
but must do so within the same time limit as provided for in Step One above. The
Department Head, or his/her designated representative, shall review the grievance
and may afftrrn, reverse or modify the disposition made at the First Step and shall
deliver his/her answer to the employee and/or the employee's designated
representative within ten (10) working days after said meeting.
B. Third Step — City Manager Review
If the grievance is not satisfactorily resolved at the Second Step, the employee
and/or the employee's representative (or the Union itself) may submit the grievance
in writing to the City Manager or his/her designated representative within thirty
(30) calendar days of being informed of the disposition made at the Second Step.
Failure of the grievant and/or his/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/her designated representative shall meet with the
employee and/or the employee's designated representative (or the chosen union
representative if filed by the Union itself) within fifteen (15) working days after
submission of the grievance. The City Manager, or his/her designated
representative, after careful review, may affirm, reverse, or modify the disposition
made at the Second Step and his/her decision 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/her duly authorized
representative, and of the City Manager's or his/her representative's written
decision, shall be maintained in the Human Resources Department.
The decision of the City Manager shall be the final and binding administrative
decision on behalf of the City.
15.4 Reservation of Rights
After the procedures 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.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Uni Pa e 57 n o
�4-1 ,� ern
20C-60 211
ARTICI.E XVI
16.0 UNION RIGHTS
16.1 Union Representatives
A. The Union shall have the right to appoint/elect a reasonable number of employee
representatives who are recognized by the City as union officers, worksite leaders,
or stewards.
B. One (1) worksite leader/steward shall be recognized by the City.
C. The City's Employee Relations Manager shall be provided with a list of the names
and classification titles of the Union's officers, worksite 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.
16.2 Release Time
A. Grievances
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 union officers, worksite leaders,
and stewards to assist other bargaining unit employees in processing grievances
under the Article 15.
Union officers, worksite leaders, and stewards shall make advance arrangement
with their supervisors prior to absenting themselves for such purpose.
The union officers, worksite leaders, and 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 a union officer, worksite leader, or
steward 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 union officers, worksite leaders, or stewards
who participate in the investigation or appear at hearings on City time to one (1)
representative and one (1) Chapter Board member.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit Pa 58
20C-61 Izo
B. Union Business Leave
In addition to the above time, union officers, worksite leaders, and stewards shall
be granted thirty-two (32) hours of release time per fiscal year. This leave is
cumulative, meaning the total amount of hours allowed each fiscal year is to be
shared by all eligible employees in the unit and is not an individual annual allotment
of hours for each employee.
The purpose of this additional thirty-two (32) hours per fiscal year shall be to enable
the union officers, worksite leaders, and 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 who will reimburse the
City for the hours used by employees of the unit.
Such union officers, worksite leaders, or stewards shall provide at least forty-eight
(48) hours' advance notice and make arrangements with their supervisors prior to
absenting themselves for such purposes.
The union officers, worksite leaders, and 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 a union officer, worksite leader, or
steward to conduct union business shall be charged to that employee's vacation or
comp time leave bank.
Time spent by the Union's Chapter Chair/President, officers, worksite leaders, or
stewards on Chapter Chair/President's Leave and/or Union Business Leave, under
this section, shall not be considered time worked for computation of overtime
according to the FLSA.
C. Chapter Chair/President's Leave
In the event the Chapter Chair/President is elected from this bargaining unit, then
all rights and privileges pertaining to Chapter Chair/President's Leave, as set forth
in the SEIU represented full-time employee's MOU with the City, shall apply-
D. Meet and Confer
1. 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 union officers, employee
representatives, or other union officials shall be allowed reasonable time off
without loss of compensation or other benefits.
2. Such union officers and employee representatives shall not leave their
duty/work station or assignment without the prior knowledge of their supervisor
2019-2022 MOU City of Santa Ana & SEfU Part -Time Civil Service Employees Unit/re 59 S
20C-62 �zs�w
or manager.
3. Such meetings are subject to scheduling in a manner consistent with City
operating needs and work schedules.
E. Release Time Process
1. Release of employees for Union Business Leave shall be done on the same basis
as employees who are released from duty for vacation leave, except that
requests for Union Business Leave shall not unreasonably interfere with the
operation of the City department and shall be approved by the employee's
Department Head.
2. The Department Head shall not unreasonably withhold permission to utilize
Chapter Chair/President's Leave and/or Union Business Leave from any
employee who has been duly authorized by the Union to take such leave.
3. Release time used under this section must be appropriately coded into the City's
payroll system each pay period, so that it can be properly tracked by the City.
The City shall provide separate payroll codes for the different types of release
time.
16.3 Worksite Access
A. Union officers, worksite leaders, stewards and/or union staff shall be permitted to
visit break and lunch areas designated by the City, before or after 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 disrupt the work of City employees, 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 a meeting before or after work, or during lunch periods. If the alternate
meeting site is a City facilit}' 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.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees
20C-63
]p`t�age 60 ,,Y
oN
Z�Z �
D. Employees may voluntarily 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.
16.4 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. Materials 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.
t6.5 Use of City Facilities
The City shalt 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 City facilities to discuss or present any matter that is prohibited by
State taw or the City Charter.
16.6 Payroll Deductions
A. Union Deductions
The City shall make deductions on a regular basis each pay period from the pay of
each employee who voluntarily authorizes such union deductions in writing.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit
20C-64
The City shall provide a separate payroll code for this deduction.
B. Remittance of Funds
The Union shall provide the City with an authorized deduction report each pay
period which includes a list of the employees who have authorized union
deductions and the amount of such deductions.
The City shall make the applicable deductions from the employee's paychecks and
electronically remit such funds to the Union via Electronic Funds Transfer (EFT)
following their deduction.
The City shall also send an itemized report, in Excel format, to the Union at
duesisseiu721.org. The report shall include a list of all union members in the
bargaining unit and include the following information on each union member: first
name, last name, employee identification number, employment status (i.e. active or
on an unpaid leave of absence), base salary earned in the pay period, salary step,
total hours in a paid status for the pay period, and the amount remitted on behalf of
the employee.
The remittance of funds and itemized report shall be sent to the Union semi-
monthly.
C. Maintenance of Dues Payroll Deduction
Any employee who has authorized union dues deductions on the effective date of
this MOU, or at any time subsequent to the effective date of this MOU, shall
continue to have such dues deduction made by the City during the term of this
MOU; provided, however, that any employee may revoke such dues deductions in
the last twelve ( l2) months of this MOU during the twenty-one (21) calendar day
period preceding the employee's date of hire anniversary, by notifying the Union
of their revocation of union dues deductions. Such notification shall be in writing
and contain the following information: employee name, employee identification
number, job classification, department name, bargaining unit, and name of the
employer from which such dues deductions are to be cancelled. Upon request, the
Union will inform the union member of his/her dues deduction revocation date. The
Union will provide the City with the appropriate documentation to process these
dues revocations within ten (10) business days after the close of the withdrawal
period.
D. Indemnification
The Union shall indemnify and hold the City, its officers and employees, harmless
from any and all claims, demands, suits, or any other action arising from this
section. In no event shall the City be required to pay from its own funds, union dues
which the employee was obligated to pay, but failed to pay, regardless of the
2019-2022 h10U City of Santa Ana & SEIU Part -Time Civil Service Employees
20C-65
i r �ti
�o
Lr �
reasons.
16.7 Reporting Requirements
The City agrees to provide the Union with an updated employee list every sixty (60) days,
which includes the following information on each employee: first name, last name,
employee identification number, date of hire, bargaining unit (i.e. part-time civil service
employees unit), job classification, change in employment status (i.e. separated from
service, retired, promoted, demoted, etc.), effective date of change in employment status,
physical home address, home mailing address (if different), home phone number, personal
cell phone number, personal email address (if known), work location, work phone number,
salary step, and current rate of pay.
The City shall send these reports, in Excel format, to the Union at dues@seiu721.org.
An employee shall retain his/her right to opt -out of providing personal information to the
Union.
16.8 New Employee Orientations
The City shall notify the Union of all new employees entering the bargaining unit and
provide the information listed in Section 16.7 on each new employee no later than thirty
(30) days of hire or by the first pay period of the month Following hire. For the purpose of
this section, new employees shall be defined to include any employee whose classification
is in the bargaining unit, including but not limited to employees entering the unit through
new hire, accretion, promotion, or demotion.
Each new employee shall be scheduled to attend an orientation. The City shall provide the
Union with no less than ten (10) calendar days' advance written notice of the date, time
and location of the orientation. The City may provide shorter notice only in a specific
instance where there is an urgent need critical to the City's operations that was not
reasonably foreseeable. Such notice shall be sent to the Union via an email to
membership otuseiu721.org, the designated SEIU Worksite Organizer, and the Chapter
President. The notice shall also include the new employee's name, employee identification
number (if assigned yet), and job title.
After receiving notice of each employee orientation, the Union will inform Human
Resources as to whether an SE[U representative will or will not attend.
If an SEIU representative will not be able to attend the scheduled employee orientation, the
Union may deliver union related documents contained within an envelope or welcome
packet for each new employee for Human Resources staff to hand to the new employee at
the orientation. The City will not discuss or answer questions related to these documents
other than to inform the new employee that they are from the union that exclusively
represents his/her classification. In addition, the employee will be informed that if he/she
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Un' Page 63
� nlQ
20C-66 'ASS
has any questions regarding the documents and'or union, he/she should contact his/her
union representative.
If the Union informs the City that an SEIU representative will attend the employee
orientation, the City agrees to provide each new employee with up to thirty (30) minutes,
while remaining on paid duty time, to meet with his/her union representative during the
orientation. No management representative shall be present during the Union's
presentation of the employee orientation. In the event the union representative providing
the orientation is an employee of the City (i.e. Chapter President, union officer, worksite
leader, or steward), he/she shall also be provided with up to thirty (30) minutes of paid
release time in which to conduct the union's portion of the orientation. No more than one
(1) City employee at a time shall be released to conduct the Union's presentation during
the orientation.
If the City begins to provide an online on -boarding process, the Union shall have the right
to incorporate up to a thirty (30) minute video and/or PowerPoint presentation and a link
to the SEIU Local 721 website into that online orientation. The Union would still reserve
all other rights in this section, including but not limited to the scheduling of an in -person
thirty (30) minute meeting with the new employee and his/her union representative while
remaining on paid duty time.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit ge 64
0
20C-67
ARTICLE XVII
17.0 CITY RIGHTS
17.1 Management Rights
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.
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 workforce 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.
To assign work to and schedule employees in accordance 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.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit
LS(w
20C-68
K. To establish and modify productivity and performance programs and standards.
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 nun -disciplinary reasons in
accordance with this MOU.
O. To determine policies, procedures, and standards for selection, training 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.
17.2 Meet and Confer on Impact
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 Uvs MOU.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees U Page 66 ,.y
.� `r^
0e,
20C-69 2��
ARTICLE XVIII
18.0 ANTI -STRIKE CLAUSE
18.1 Prohibited Conduct
A. The Union, its officers, agents, representatives, and/or members agree that during
the term of this MOU, they will not cause or condone any unlawful strike, walkout,
slowdown, sick-out, or any other unlawful job action by withholding or refusing to
perform services.
B. There shall be no lockouts by the City during the term of this MOU.
C. 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.
18.2 Union Responsibility
In the event that the Union, its officers, agents, representatives, or members engage in any
of the conduct prohibited in Section 18.1 A above, 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 prohibited conduct and return
to work.
G)"�
2019-2022 MOU City of Santa Ana & SEIIJ Part -Time Civil Service Employees Unit e 67
lz;vx
20C-70 2(
ARTICLE XIX
19.0 LAYOFFS
19.1 Notice of Lavoff
It is the hope of the City not to separate any employees) from employment because of a
reduction in workforce during the term of this MOU. However, circumstances arising
during the term of 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 meet
and exchange information, opinions and proposals regarding the consequence(s) of the
separation(s) on the employee(s).
This provision is not intended to be a waiver of any other rights the parties may have under
this MOU.
19.2 Order of Lavoff
A. The principles of seniority (length of service) shall govern layoffs as described
herein, except in the event that more than one ( l) 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.
B. Any dispute over the application of the principles outlined in this article shall be
subject to the grievance procedure.
C. 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.
D. In lieu of layoff, an employee may elect to work in a lower classification, in which
he/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,AiR be added to his/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.
E. In the event of a reduction in force, part-time non -civil service employees in any
City office, agency or department shall be laid off prior to laying off part-time civil
service employees as above defined. Wherever possible, part-time civil service
employees in the classification shall be laid off prior to full-time employees in the
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employeys�'Unihl Page 68
20C-71 �� (,,,0
same classification.
19.3 Reemployment List
The reemployment list shall be valid for one (1) year from the date of its establishment.
Reemployment shall be in reverse order of layoffs.
19.4 Temporary Assignment
An employee who is laid off from part-time civil service employment pursuant to this
article, may be granted a temporary appointment to a vacant part-time civil service 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 (1) year following the initial day of such temporary appointment,
whichever occurs first.
19.5 Contracting Out
If it is decided to contract out work currently being performed by employees of this
bargaining unit, the City shall provide the Union with reasonable notice of the decision;
meet and confer with the Union over the impact of the decision; will seriously consider
reasonable alternatives provided by the Union; and if any bargaining unit employee is laid
off as a result of the decision, the City shall make a reasonable effort to place said employee
with the contracting company.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 69J,
20C-72 �(��
ARTICLE XX
20.0 MISCELLANEOUS PROVISIONS
20.1 Full -Time Eligible Lists
Part-time civil service employees, upon their written request, shall be placed on the full-
time transfer eligible list for the classification in which they are employed. The City will
submit the names of employees wishing to convert to a full-time position for consideration
to any department hiring for vacancies in the classification. Certification from that list shall
be in accordance with all existing Civil Service rules.
20.2 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, including discussion onjob family/career ladders. 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 Union's written request to meet.
2 0. 3 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 Section 4.8 — Advancement within
Ranges.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employee j Page 70 y
20C-73
ARTICLE XXI
21.0 FULL UNDERSTANDING, WAIVER & SEPARABILITY
21.1 Intent of Agreement
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 EERR (l181-75).
The provisions of this MOU shall supersede all prior agreements and MOU's, 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.
21.2 Rules and Regulations
Notwithstanding the above mentioned 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.
21.3 Waiver of Bargaining
Except as otherwise specifically provided herein, this MOU fully and completely
incorporates the understanding of the parties regarding the provisions contained in this
MOU. Neither party shall, during the term of this MOU, demand any change to the MOLL,
except that nothing shall prohibit the parties from changing the terms of the MOU by
mutual agreement and in writing signed by the parties.
21.4 Emergency Waiver Provision
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 C ity'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
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees U ge 71
yu�
to
20C-74 OKI
21.5
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.
Separability Provision
Should any provision of this MOU be found to be inoperative, void, or invalid by state or
federal law, or by a court of competent jurisdiction, all other provisions of this MOU shall
remain in full force and effect for the duration of this MOU, provided that if any such
affected provisions 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.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees
20C-75
Page 72 f n) 'vmk
L
22.1
ARTICLE XXII
22.0 TERM OF MOU
The term of this MOU shall be from July 1, 2019 through June 30, 2022.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees
20C-76
Pge 73
�10 �V\\
EXECUTION OF THE NEW AGREEMENT
this MOL' was ratified by a simple majority vote of unit employees who arc in part-time civil
service classifications represented b1 the Union.
111is Mot t%as appruved by a vote of the City Council ofthe City of Santa Ana.
Following its execution by the Parties hercm. the Ciq Council shall implement its terms uud
conditions by appropriate lawful action.
In witness thereof, the panics hereto have caused this agreement to be executed this 5" day of May
?0 o
PARTIES TO THE AGREEMENT
WENDY A. THOMAs, C/IfEF NEGm7ATOR i
SF_lU LOCAL 721
i
jl,.tz
TERRI EGGERS
i
UNIT RF.PRF_SENTATIVE
MIGUEL A. PuuDO
MAYOR
KRISTINE RIDGE
EXF.CLMVE DIRECMR OF HUMAN RESOURCES
ATTEST:
APPROVED AS TO FORM: 7 k
Daisy Gomez. Clerk orthe Conrail Peter J. Boo
Liebert Cass 4 Whitmore
LEGAL COUNSEL FOR CITY OF SANTA ANA
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 74
20C-77
Exhibit A
LIST OF REPRESENTED PART-TIME CIVIL SERVICE CLASSIFICATIONS
Assistant Buyer
Office Assistant
Park Maintenance Aide
Secretary
Senior Community Development Analyst
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Empl
20C-78 ��`
Page 75
20C-79