HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) - PART-TIME CIVIL SERVICE (2019-2022)A-2020-090
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL JULY 1, 2019 - JUNE 30, 2022
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MEMORANDUM
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UNDERSTANDING
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CITY OF SANTA ANA
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PART-TIME CIVIL SERVICE EMPLOYEES UNIT
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 1
4.12 Reallocation of Salary Rate Ranges........................................................................... 16
4.13 Request for Classification Review............................................................................ 16
ArticleV...................................................................................................
5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES....
5.1 Assignment Pay Differential..................................................
5.2 Lead Pay.................................................................................
5.3 Bilingual Pay..........................................................................
5.4 Shift Differential.....................................................................
5.5 Standby Pay............................................................................
5.6 Call Back Duty ......................................................
5.7 Temporary Upgrade Assignment Pay .....................................
5.8 Authority for Assignments....................................................
5.9 Career Development Incentives .............................................
5.10 Jury Duty or Witness Leave ..................................................
ArticleVI........................................................................................
6.0 OVERTIME...................................................................
6.1 General Policy for Overtime Work ...............................
6.2 Definition.......................................................................
6.3 Computation of Forty (40) Hour Workweek .................
6.4 Compensation for Overtime ..........................................
6.5 Compensatory Time ......................................................
6.6 No Effect on Other Benefits ..........................................
6.7 Overtime Work to be Minimized ...................................
ArticleVII.............................................................................
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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 Unit Page 3
10.3 Long -Term Disability Insurance................................................................................ 48
10.4 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 Ca1PERS 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
ArticleXIV.................................................................................................................................. 55
14.0 SAFETY..................................................................................................................... 55
14.1 Central Safety Cominittee.......................................................................................... 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 & SEIU Part -Time Civil Service Employees Unit Page 5
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................................................................................
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20.3
Performance 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
ArticleXXII.................................................................................................
22.0 TERM OF MOU.........................................................................
EXECUTION OF THE NEW AGREEMENT ........................................
Exhibit A......
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2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 7
ARTICLE II
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 (FEHA).
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 Unit Page 9
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 "B" 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 & SEIiJ Part -Time Civil Service Employees Unit Page 11
(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 first (1st) 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 Employees Unit Page 13
Step "D" results from promotion under the provisions of Section 4.1.0 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 Salary 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 4.8C 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 & SEIU Part -Time Civil Service Employees Unit Page 1S
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.
F. All recommendations resulting from study findings require the approval of the City
Council and shall be implemented in accordance with the Ci.ty's Civil Service rules.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 17
A qualified incumbent of such position shall 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 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 19
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 Dutv
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 Tem orar�perade Assieaunent Pa
v
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, fiill-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 any time, 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.
3. 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 Page 21
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.
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 Assierunents
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 & SEIU Part -Time Civil Service Employees Unit Page 23
ARTICLE VI
6.0 OVERTIME
6.1 General Policy for Overtime We
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.
6.2 Definition
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
Iri 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 Page 25
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. Gash -Out of Compensatory Time
Upon an employee's appointment to a position in which overtime may not be
earned (FLSA 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.
2029-2022 MOU City of Santa Ana & SIKU Part -Time Civil Service Employees Unit Page 27
B. Holiday Pa /Credit
Each City holiday shall be paid/credited at the rate of six (6) hours per holiday.
C. Floating Holiday
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 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 29
o Employees whose regular day off is on Friday, January 1" 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 workday before Christmas Day)
o Employees whose regular day off is on Friday, December 24th
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 25th 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 315t
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 & SEIU Part -Time Civil Service Employees Unit Page 31
F. Sunset Clause
This provision shall expire on June 30, 2022 and no additional mandatory winter
holiday closures maybe implemented after the 2021 winter holiday closure, unless
mutually agreed to otherwise by the parties.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 33
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 proposes.
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 of point 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 maybe taken in increments as small as one-half (0.5) hour, with
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 Page 35
December.
f. 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 Page 37
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 (4th) 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.
F. 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.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 39
• 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:
e 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.
9.2 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 & SEW Part -Time Civil Service Employees Unit Page 41
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 finds
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 — Long Term
Upon receipt of a written request from an employee having permanent status and
recommendation of approval by the Department Head, the City Manager 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 Medical Leave Act (FMLA) and/or
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 43
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 9.1OC(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.
B. Eligibility
Employees shall be eligible for catastrophic leave donations if the following criteria
are met:
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 physician's statement must verify the
employee's need for an extended medical leave and an estimate of the time the
employee will be unable to work.
C. Procedure
1. Upon receipt of a valid request for donations from an eligible employee, the
Department Head or his/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 & SEIU Part -Time Civil Service Employees Unit Page 45
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
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 of the amounts set forth above shall be borne entirely by the employee.
C. Medical Waiver Option
An employee who has primary coverage under another non -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 & SEIU Part -Time Civil Service Employees Unit Page 47
1. One and one-half percent (1.50%) will be deducted from each employee's base pay and
deposited into his/her individual REIS 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 their eligible sick
leave balances will be deposited into the individual's RHS account, based on the
guidelines in the RHS 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 CAPERS Service Credit
per Section 11.3A and Government Code §20965.
10.7 Vision Insurance
A. The City shall offer employees a vision insurance plan.
B. 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 & SEIU Part -Time Civil Service Employees Unit Page h9
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 compensation, 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 Ca1PERS in its
annual valuation report.
B. Employee Contributions
1. "Classic" Members
The employee contribution rate shall be eight percent (8.0%) of compensation
earnable. All employee contributions are paid towards the employer portion of
the City's Ca1PERS 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 Ca1PERS and IRS regulations, the City shall make any
employee contributions as a pre-tax deduction.
I t.3 Ca1PERS Benefit Options
The City contracts with CalPERS to provide the following additional optional benefits:
A. Credit for Unused Sick Leave (Government Code §20965)
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 Page 51
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 & SEIU Part -Time Civil Service Employees Unit Page S3
ARTICLE XIV
14.0 SAFETY
14.1 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.
14.2 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 Civil Service Employees Unit Page SS
15.3 Fonnal 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 affirm, 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 Unit Page 57
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 SEW 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 40U City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 59
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.
F. The Union shall not be permitted to post any material that is prohibited by State
law or the City Charter.
16.5 Use of City Facilities
The City shall allow the Union to conduct meetings in the City's public meeting rooms
during non -working hours provided such meetings are scheduled in accordance with
regulations governing the use of public meeting rooms at City facilities. The Union shall
not be permitted to use City facilities to discuss or present any matter that is prohibited by
State law 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 Page 61
WeIRMILP
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 argent 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@seiu721.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 SEIU 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 & SEIU Part -Time Civil Service Employees Unit Page 63
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.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the 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.
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 Page 65
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 18.1A 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.
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 67
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 69
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 (#81-75).
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 MOU,
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 City's
ability to respond to these emergencies, shall be suspended for the duration of such
emergency. After the emergency is declared over, this MOU will be reinstated
2019-2022 MOU City of Santa Ana & SEIU Part -Time Civil Service Employees Unit Page 71
ARTICLE XXII
22.0 TERM OF MOU
22.1 The term of this MOU shall be from July 1, 2019 through June 30, 2022.
2019-2022 MOU City of Santa Ana & SEW Part -Time Civil Service Employees Unit Page 73
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 & SEIU Part -Time Civil Service Employees Unit Page 7S
EXECUTION OF THE NEW AGl(IiMENT
this MOt Ala, ;atiticd bN ;I simple majority vote of unit employees who an in pan -line ckil
scrktcc Clossllicatlans represented b% the [anion.
I In, \Jt II ',;u:q pl.oW b% a vine od'th, ('ity Cuancil of the Cite ui'Santa Ana.
1 oll"ollig na, cucunun M the panic, hereto. the ('Iq Council shall Implement Ili tenus wld
.ondiuoo, b, ippn.pnatc 11%%I ll action
In o itness tIle reol. the panic+ hereto hm c caaxd Ihis ngrcemenl to MI exec tiled this 51° day of Mar
2020
PARTIES TO THE AGRF.FMENT
S17IULo AL721
TERRI EGGERS
I, rcl'IRF1'RF%F '1ATIVh
MAYOR
KRISTINE RIDGE
Cll MANAGER
EN PH
EXECUTIVE DIRF.CPOR OF HUMAN RESOURCES
AT'I ES1 PPROV ED AS TO FORM;
Daisl (wntcz Clerd' o1 rite Cal, _ 1, Peter 1. Bror
f iehert Cava dv Whifnmre
LEGAL COUNSEL FOR CITY OF SANTA ANA
2019.2U22 MOIL City of Santa Ana Et SEW Part -Time Civil Service Employees Unit Pa;e 74