HomeMy WebLinkAboutSANTA ANA FIRE MANAGEMENT ASSOCIATION (FMA)-� A-2001-246
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA FIRE MANAGEMENT ASSOCIATION
FOR THE PERIOD JULY 1,2001 THROUGH JUNE 30,2004
1.
TABLE OF CONTENTS
ARTICLE SUBJECT
ARTICLE
I
RECOGNITION
ARTICLE
II
NON-DISCRIMINATION CLAUSE
ARTICLE
III
ATTENDANCE, WORKDAY, WORKWEEK AND
WORK SCHEDULE
ARTICLE
IV
SALARIES
ARTICLE
V
ASSIGNMENT AND OTHER PAY ADDITIVES
ARTICLE
VI
TRAINING AND EDUCATIONAL ASSISTANCE
PROGRAM
ARTICLE
VII
OVERTIME
ARTICLE
VIII
HOLIDAYS
ARTICLE
IX
VACATION
ARTICLE
X
OTHER LEAVES OF ABSENCE
ARTICLE
XI
EMPLOYEE INSURANCE
ARTICLE
XII
DEFERRED COMPENSATION
ARTICLE
XIII
RETIREMENT
ARTICLE
XIV
CREDIT UNION DEDUCTION
ARTICLE
XV
EXPANDED RESIDENCY
ARTICLE
XVI.
PREVENTIVE MEDICINE PROGRAM
ARTICLE
XVII
DISCIPLINE
ARTICLE
XVIII
GRIEVANCE REVIEW PROCEDURE
ARTICLE
XIX
DUES DEDUCTION AND INDEMNIFICATION
ARTICLE
XX
CITY RIGHTS
ARTICLE
XXI
STRIKES AND WORK STOPPAGES
ARTICLE
XXII
SOLE AND ENTIRE AGREEMENT
ARTICLE
XXIII
WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT
ARTICLE
XXIV
SEPARABILITY PROVISION
ARTICLE
XXV
TERM OF AGREEMENT
ARTICLE
XXVI
RATIFICATION AND EXECUTION
EXHIBIT
A
BASIC SALARY AND WAGE SCHEDULE
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59
60
61.
ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers -Milias -Brown Act,
Government Code Section 3500, et. sec., the City of Santa Ana
(hereinafter called the 'City") has recognized the Santa Ana
Fire Management Association (hereinafter called the
"Association") as the recognized representative of the
bargaining unit which includes Fire Department employees in
the classifications of Deputy Fire Chief, Fire Battalion
Chief, Fire Marshal, and Fire Communications Manager.
3
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and the Association agree that they shall not
discriminate against any employee because of race, color, sex,
age, national origin, political or religious opinions or
affiliations. The City and the Association shall reopen any
provision of this Agreement for the purpose of complying with
any order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any
provision or provisions of this Agreement in compliance with
state or federal anti -discrimination laws.
2.2 Whenever reference is made to the masculine gender, it shall
be understood to include the feminine gender, unless expressly
stated otherwise.
4
ARTICLE III
3.0 ATTENDANCE, WORKDAY, WORKWEEK AND WORK SCHEDULE
3.1 Attendance. Employees covered by this Agreement shall be in
attendance at their work during hours prescribed by the Fire
Chief or his or her designee(s) and shall not absent
themselves during prescribed hours without approval of the
Fire Chief or his or her designee(s).
3.2 Workday. Eight (8) hours of work shall constitute a minimum
workday for affected employees assigned to a forty (40) hour
workweek schedule. Any member assigned to an eight --hour day,
40-hour week schedule may be allowed to work an alternative
workweek schedule, which could include a "4--10" or "9-80"
forty (40) hour workweek schedule. Twelve (12) hours of work
shall constitute a minimum workday for those assigned to the
twenty-four (24) hour tour of duty schedule. The Fire Chief
shall determine - the number of hours of work that will
constitute a minimum workday for affected employees assigned
to workweek schedules different from the usual forty (40) hour
or fifty-six (56) hour (average) schedules.
3.3 Minimum Workweek. The minimum workweek for affected employees
shall consist of forty (40) hours of work; provided, however,
for those employees assigned to the twenty-four (24) hour tour
of duty schedule the minimum workweek shall average fifty-six
(56) hours based on the department's standard workweek
schedule for fire suppression and rescue personnel.
3.4 Special Workweek Schedules. If the Fire Chief determines
that, in the best interests of the City, a more flexible
workweek schedule is desirable, and the City Manager concurs,
the Fire Chief may prepare rules and procedures for
implementing a workweek schedule or schedules different from
the usual forty (40) hour or fifty-six (56) hour schedule.
Prior to implementing such a schedule or schedules, the City
shall meet and confer with the Association regarding the
impact of the rules, procedures and schedules on members of
the Association.
5
ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a
basic compensation plan for all members of the Santa Ana
Fire Management Association who are now employed or will in
the future be employed in any of the designated
classifications of employment listed in this Agreement and
its attachments.
This plan includes two groups of classification titles,
Fire Management Group A (the sworn CalPERS "Safety" class
of Deputy Fire Chief and the non -sworn CalPERS
"Miscellaneous" class of Fire Marshal*) and Fire Management
Group B (the sworn CalPERS "Safety" class of Fire Battalion
Chief and the non -sworn CalPERS "Miscellaneous" class of
Fire Communications Manager).
* The current incumbent is designated as "safety" for
retirement purposes.
4.2 Schedules of Salaries.
A. Two separate schedules of salary rate ranges, one for
classes of employment designated as represented Fire
Management Group A (Deputy Fire Chief and Fire
Marshal) , and one for classes of employment designated
as represented Fire Management Group B (Fire Battalion
Chief and Fire Communications Manager) are attached.
hereto in matrix format and made a part hereof as
though set forth in full herein. The schedules for
represented Fire Management Group A classes and
represented Fire Management Group B classes, and their
respective effective dates, are listed as follows:
Category of Employment
Fire Management Group A
(Classes allocated to 15 step
salary rate ranges)
Salary Effective Date
Schedule No.
FMA Group A-1 7-1-01 (attached)
FMA Group A-2 7-1-02 (see Section
B(2) below)
FMA Group A-3 7--1-03 (see Section
A(3) below)
Fire Management Group B FMA Group B 7-1-01 (attached)
(Classes allocated to 5 step
salary rate ranges)
4.3
(see Sections
B(1) and
13(2) below)
7-1-02 (see Section
B (3) below)
7-1--03 (see Section
B(4) below)
B. Except for the "Fire Management Group B" salary
schedule described below, the basic salary schedule
for "Fire Management Group All (titled "FMA Group A")
contains numerous salary rate ranges, each range
comprised of fifteen (15) separate rates of pay shown
in monthly amounts. The respective rate ranges are
identified by a two -digit number preceded by the
capital letters "FM." The separate rates of pay or
steps within each salary rate range are identified by
•the numbers 111" through 1115" inclusive, with Step I'll,
being the lowest or minimum rate of the range, Step
118" the middle or midpoint rate of the range, and Step
111.5" being the highest or maximum rate. The purpose
of each step and criteria for advancement are set
forth in Subsection 4.7(A) below.
C. The basic salary schedule for "Fire Management Group
B" (titled 'IFMA Group B") contains numerous salary
rate ranges, designated by the letter "M" and a three -
digit rate range number. These rate ranges are
comprised of five (5) steps or rates of pay shown in
monthly amounts, identified by the letters "A" through
"E" inclusive, with Step "Al' being the lowest step in
the range. The .purpose of each step and criteria for
advancement to the next higher step within a
particular salary rate range are set forth in Salary
Schedule No. FMA Group B (attached) and in Subsection
4.7(B) below.
Salaries.
A. Fire Management Group A Classes.
1. Effective July 1., 2001, the salary steps in the
monthly pay ranges assigned to classes included
in Fire Management Group A shall be increased by
five percent (5 0 ) . These new salary steps are
developed and shown as Salary Schedule No. FMA
Group A-1, attached.
2. Effective July 1., 2002, the salary steps in the
monthly pay ranges assigned to classes included
in Fire Management Group A shall be increased by
7
the same amount (percent) as that received by the
Firemen's Benevolent Association for the period
July 1, 2002 through June 30, 2003. These new
salary steps will be developed and shown as
Salary Schedule No. FMA Group A--2.
3. Effective July 1, 2003, the salary steps in the
monthly pay ranges assigned to classes included
in Fire Management Group A shall be increased by
the same amount (percent) as that received by
the Firemen's Benevolent Association for the
period July 1, 2003 through June 30, 2004. These
new salary steps will be developed and shown as
Salary Schedule No. FMA Group A-3.
B. Fire Management Group B Classes.
1. Equity Adjustment: Effective July 1, 2001, the
base salary rate assigned to the class of Fire
Communications Manager shall be increased by
fifteen (15) salary rate ranges [approximately
seven and one-half percent (7.5a)] to monthly
five (5) step salary rate range no. M655 ($5101
(min) - $6200 (max) per month) .
2. Effective July 1, 2001, the salary rates assigned
to classes included in Fire Management Group B
shall be increased by the same amount (percent)
as that received by the Firemen's Benevolent
Association, which is ten (10) salary rate ranges
[approximately five percent (5 0) ] . Specifically,
the salary level for Fire Battalion Chief will be
increased to monthly five (5) step salary rate
range no. M712 ($6735 (min) - $8189 (max) per
month). The salary level for Fire Communications
Manager will be increased to monthly five (5)
step salary rate no. M665 ($5356 (min) - $6510
(max) per month) [Note: this provision
supersedes any previously approved increases
scheduled to be effective July 1, 2001.1
3. Effective July 1, 2002, the salary rates assigned
to classes included in Fire Management Group B
shall be increased by the same amount (percent or
number of salary rate ranges) as that received by
the Firemen's Benevolent Association for the
period July 1, 2002 through June 30, 2003.
4. Effective July 1, 2003, the salary rates assigned
to classes included in Fire Management Group B
shall be increased by the same amount (percent)
(number of salary rate ranges) as that received
by the Firemen's Benevolent Association for the
LZ
period July 1, 2003 through June 30, 2004.
C. The assignment of classes to salary rate ranges
during the term of this Agreement resulting from the
increases specified in Subsections 4.3(A) and 4.3(B)
above are listed in Exhibit A, which is attached and
made apart hereof as though set forth herein.
4.4 Application of Basic Compensation Plan. All employees
working in classifications covered by this Agreement shall
be compensated at a monthly rate.
4.5 Beginning Rates.
A. Fire Management Group A Classes. An employee newly
appointed to a Fire Management Group A class (Deputy
Fire Chief or Fire Marshal) shall be compensated at any
rate within the lower third of the 15-step salary rate
range -(Steps "1" through 11511) for their job
classification as authorized by the Fire Chief. When
economic conditions, unusual employment conditions, or
exceptional qualifications of a candidate for
employment indicate a higher rate would be in the
City's best interest, the City Manager may authorize
hiring at a higher rate in the salary rate range but
this higher rate generally shall not be above the
midpoint.
B. Fir
oYnt dManagement
Faroe BC asses. An employee newly
C
pp Management Group B class (Fire
Battalion Chief or Fire Communications Manager) may be
placed by the Fire Chief at any step within the
applicable five (5) step salary rate range (Steps "A"
through "E") in the schedule to which the class has
been allocated through adoption of this Agreement,
provided that such employee shall be assigned such
salary step upon the commencement of his or her service
in said classification 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 as set forth below.
4.6 Service. The word "service" as used in this Agreement shall
be deemed to mean continuous, full-time service in the
classification in which the officer or employee is being
considered for salary advancement, service in the higher
classification or service in a classification allocated to
the same salary rate range and having generally similar
duties and requirements. Employees hired after the first
Wt) working day of the month shall not be credited with
"time in service" for that month when determining the length
K
of service required for salary step advancement. A lapse of
service by an officer or employee for a period of time
longer than ten (10) calendar days by reason of resignation,
quit, or discharge, shall serve to eliminate the accumulated
length of service time of such officer or employee for the
purpose of this Agreement, and anysuch officer or employee
reentering the service of the City shall be considered as a
new officer or employee, except that he or she may be
reappointed as provided in SAMC Section 9-114, and may be
placed in the same salary step in the appropriate salary
rate range as he or she was at the time of termination of
employment.
4.7 Advancement Within Ranges.
A. Fire Management Group A Classes Performance -Based
Evaluation System_ There is hereby established a
performance -based evaluation system for employees
employed in Fire Management Group A classes covered by
this Agreement (Deputy Fire Chief and Fire Marshal),
the provisions of which are set forth herein below.
1. Purpose. The basic purpose of the performance -
based evaluation system is to help attract, retain
and motivate highly competent managers and to
provide them with a strong incentive to excel.
2. specific Compensation Determination.
a. Subject to the approval of the City Manager,
the Fire Chief is hereby given the authority
to make appointments to salary rates within
authorized salary rate ranges, as governed
by the provisions of .Subsection 4.5(A)
supra, and to make adjustments to the
individual compensation for Fire Management
Group A personnel as described in the
further provisions of this Article.
b. The City Manager shall establish performance
criteria and appraisal guidelines to be
utilized by the Fire Chief in setting
individual compensation for Fire Management
Group A personnel.
C. After the salary of an employee appointed to
a Fire Management Group A class has been
first established and fixed under this plan,
salary advancement through the remaining
steps of the fifteen (15) step salary rate
range shall be based on the results of an
annual performance evaluation.
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3.
4.
Evaluation System Components. The evaluation
system shall be comprised of the following
components:
a. Annual_Objectives. The system shall, include
a list of outcome --based, measurable
objectives to be achieved which have been
mutually agreed upon between the Fire Chief
and each individual employee appointed to a
Fire Management Group A class. A relative
weight will be assigned to each objective
listed with a minimum weight of ten percent
(1W°) and all must total one hundred percent
(loon) .
b. Managerial Behaviors. In addition to his
or her performance in achieving agreed -upon
objectives, each Fire Management Group A
employee shall also be evaluated for his or
her managerial behaviors/performance,
including such behavior as communication
(oral or written), analysis and problem
solving, decision -making and judgment,
planning and organization, management
control, leadership, interpersonal
relations, time -management, technical
knowledge, handling of stress, etc.
Performance Evaluation Guidelines.
a. The Fire Chief shall annually evaluate the
performance of each of his or her
subordinate Fire Management Group A
employees to determine their individual
eligibility for a performance increase and
how much such increase, if any, will be.
Such annual performance evaluation shall
occur immediately following each individual
Fire Management Group A employee's
employment anniversary date and cover the
twelve (12) month period preceding that
date. Additionally, at least one (1)
'informal mid --year progress review shall be
held between the Fire Chief and each of his
or her subordinate Fire Management Group A
employees.
b. Performance Ratings. Each Fire Management
Group A employee's performance in relation
to his or her agreed upon annual objectives
and managerial behaviors will be evaluated
according to the following performance
11
rating scale:
Point Rating Performance Levels
3 Significantly Exceeds
Expectations
Consistently exceeds all
objectives, requirements and
expectations by a wide margin..
2 Exceeds Expectations:
Consistently meets all objectives
and requirements and exceeds
several.
1 Meets Expectations:
Meets objectives and requirements.
Below Expectations:
Fails to meet some objectives and
requirements.
-1 Unacceptable:
Performance is significantly below
the minimum required.
5. Performance -Based Salary_ Adjustments. Each Fire
Management Group A employee covered by this
Agreement may be eligible to receive an annual
performance -based in -range salary increase and/or
one --time monetary payment based on a percentage of
current annual rate of base salary, or be subject
to a performance -based salary reduction, in
accordance with the following:
a. For overall performance rated as
"Significantly Exceeds Expectations," either
step increases or one-time monetary payment
or a combination of step increases and one-
time monetary payment not to exceed seven
and one-half percent (7.50) in toto.
b. For overall performance rated as "Exceeds
Expectations,'" either step increases or one--
time monetary payment or a combination of a
step increase and one-time monetary payment
12
not to exceed five percent (50) in toto.
c. For overall performance rated as "Meets
Expectations," a one-time monetary payment
in an amount up to but not to exceed two and
one-half percent (2.5 0 of current annual
rate of base salary or advancement of one
step (2.50) within the salary rate range.
d. For overall performance rated as "Below
Expectations," no performance salary
increase or monetary incentive payment.
e. For overall performance rated as
"Unacceptable," no performance salary
increase or monetary incentive payment.
Additionally, any Fare Management Group A
employee who has received such a rating and
who is being paid at a step higher than the
minimum rate of the salary rate range, may
be reduced by one or more steps upon the
recommendation of the Fire Chief and the
approval of the City Manager.
f. Application of Guidelines.
i. If a Fire Management Group A employee
who is recommended for a performance
increase is at the maximum of his or.
her salary rate range, then the entire
performance increase must be awardedthe
equivalent amount in a one-time
monetary incentive payment.
ii. Any one-time monetary incentive payment
granted under this plan is not an
increase in base salary and no salary
rate range applicable to any Fire
Management Group A employee covered by
this Agreement shall be changed or
deemed to have been changed by reason
of such payment. However, such
incentive payment is PERSable.
iii. Performance increase and/or monetary
payment amounts for Fire Management
Group A personnel require the approval
of the City Manager.
iv. The City Manager shall be responsible
for the development and administration
of detailed administrative procedures
I3
and guidelines for the consistent and
effective application of the management
performance -based evaluation system.
Such procedures and guidelines shall
define how performance objectives,
measures and standards are developed;
when and how performance reviews are to
be carried out; how performance
component ratings and composite ratings
will be scored; and how performance
salary increase and monetary incentive
payment options are to be exercised.
B. Fire Management Group_ B Classes: The following
regulations shall govern salary advancement within rate
ranges for employees employed in Fire Management Group
B classes (Fire Battalion Chief and Fire Communications
Manager) :
1. For any employee in a Fire Management Group B
classification covered by this Agreement who has
been initially appointed to a step lower than Step
"E," advancement to the next higher step (Step "B"
from Step "A" or Step 'IC" from Step "B, " etc.) may
be granted only for continued satisfactory and
efficient service by said employee in the
effective performance of the duties of his or her
position. The..effective date of such step increase,
if granted, shall be the first day of the month
following the completion of one year of service at
the step from which said employee is being
advanced.
Such merit advancement shall require the following:
a There shall be on file in the Office of the
Executive Director of Personnel Services a
copy of each periodic efficiency or
performance report required to be made on
the employee by the Civil Service Rules and
Regulations and/or the City Manager during
the period of service time of such employee
subsequent to his or her last salary
advancement.
b. The Fire Chief, 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 astatement 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 Fire Chief as to
such recommendations and shall be informed
of the reasons.
c. No advancement in salary above Step nArr
shall become effective until approved by the
City Manager, except when placement on a
salary step above Step "A" results from
promotion under the provisions of Section
4.8 of this Agreement.
2. When any such employee in a Fire Management Group
B classification has not been approved for
advancement to the next higher salary step, he or
she may be reconsidered for such advancement after
the completion of three (3) months of additional
service and shall be reconsidered for advancement
to the next higher step .above his or her then
current step after the completion of six (6)
monthsof additional service.
3. Any employee in a Fire Management Group B
classification who is being paid at any salary
step above "A" may be reduced to the next lower
step in the appropriate salary rate range upon the
recommendation of the Fire Chief and the approval
of the City Manager. Procedure for such reduction
shall follow the same procedure for merit
advancement in Subsection 4.7 Paragraph (B)(1)
above, and such officer or employee may be
considered for readvancement under the same
provisions as contained in Subsection 4.7,
Paragraph (B) (2 ) above.
4.8 Promotional Salary Advancement.
A. Fire Management Group A Classes: When an employee in
a Fire Management Group A class is promoted to a
position in a higher classification from a position in
a lower classification in the same occupational career
ladder, he or she shall be reassigned to -the lowest
step 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 this step, he or she
shall be placed in the lowest step in the appropriate
salary rate range as will grant that employee an
increase of at least five percent (50) over his or her
current base salary step exclusive of any pay additive
or additives such as assignment pad., special skill pay
or the like.
15
B. Fire Management Group B Classes: When an employee in
a Fire Management Group B class is promoted to a
position in a higher classification from a position in
.a lower classification in the same occupational career
ladder, he or she shall be reassigned to the lowest
step 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 this step, he or she
shall be placed in the lowest step in the appropriate
salary rate range as will grant that employee an
increase of at least five percent (50) over his or her
current base salary step exclusive of any pay additive
or additives such assignment pay, special skill pay or
the like.
4.9 Demotion.
A. Fire Management GroupA Classes:
1. When an employee in a Fire Management Group A
class is demoted to a position in a lower
classification, he or she shall be placed at a
rate in the lower salary rate range which provides
at least a five percent (50) reduction in pay.
2. A promotional employee who is rejected during the
probationary period from a Fire Management Group
A class shall be returned to the classification in
which he or she holds regular status and at
his or her former salary step, unless the reasons
for failure to complete probation would also be
cause for dismissal from City service.
B. Fire Management Group B Classes: When an employee in
a Fire Management Group B class is demoted to a
position in a lower classification, his or her salary
rate shall be fixed in the appropriate salary rate
range for the lower classification accordance with the
following provisions:
1. The salary rate shall be reduced by at least one
(1) step [approximately five percent
2. The new salary rate must be within the appropriate
salary rate range.
3. The n.ew salary rate shall not be higher than the
salary step to which the employee would have been
entitled had his or her service time in the higher
classification been spent in the lower
classification.
16
4. A promotional employee who is rejected during the
probationary period from a Fire Management Group
B class shall be returned to the classification in
which he or she holds regular status and at his or
her former salary step, unless the reasons for
failure to complete probation would also be cause
for dismissal from City service.
4.10 Reallocation of Salary Rate Ranges_. An employee who is
employed in a classification which is reallocated to a
different salary rate range from that previously assigned
shall be retained in the same salary step in the new salary
rate range as he or she had previously held in the prior
rate range and shall retain credit for length of service in
such step towards advancement to the next higher step.
4.11 Acting Fay. An employee in a class covered by this
Agreement may be appointed by the Fire Chief to serve in an
acting capacity during an unplanned absence from work of
thirty (30) - calendar days or more of another employee
represented by the Association. Represented Fire Management
employees who are granted acting pay shall receive a five
percent (50) increase or the minimum rate of the higher
salary range while serving in an "acting" capacity.
17
ARTICLE V
5.0 ASSIGNMENT AND OTHER PAY ADDITIVES
5.1 Bilinctual lay. An employee who is assigned by the Fire
Chief or his designee to a position requiring bilingual
capability in both English and either Spanish, Vietnamese or
other languages designated by the City Manager, will be paid
a monthly assignment pay differential in accordance with the
criteria and amounts set forth below;
A. Certification by the Executive Director of
Personnel Services as having satisfactorily
demonstrated conversational fluency in both
languages for any position requiring bilingual
capability.
B. Positions for which the Fire Chief has determined
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 and essential element of
the work being performed, will be designated as
Primary Bilingual Assignments. A qualified
incumbent of such position will be paid a monthly
differential of one hundred fifty dollars ($1.50)
above his or her then current base monthly salary
step.
During the term of this Agreement, the City agrees
that all positions assigned to the class of Fire
Battalion Chief shall be considered to be Primary
Bilingual Assignments.
C. Qualified employees in the classes of Deputy Fire
Chief, Fire Marshal, or Fire Communications
Manager who are assigned to positions involving
the regular and frequent use of bilingual skill in
both English and either Spanish, Vietnamese or
other language designated by the City Manager will
be paid a monthly pay differential. of forty
dollars ($40) above his or her then current base
monthly salary step. Incumbents in those
positions where bilingual proficiency is essential
to the performance of duties and responsibilities +
of a critical anal/or emergency nature, or of
positions where bilingual public contact is a
major, essential or integral element of the work
being performed, will be paid a monthly
differential of one hundred fifty dollars ($150)
above his or her then current base monthly salary
step.
D. There shall be annual recertification of such
bilingual capability.
5.2 All assignments to positions set forth in this Article shall
be made or revoked at the discretion of the Fire Chief.
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ARTICLE VI
6.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM
6.1 Purpose.
A. To encourage the employees of the City of Santa Ana to
take college courses and special training courses which
will better enable them to perform their present duties
and prepare them for increased responsibilities.
B. To provide financial assistance to eligible employees
for education and training.
C. To establish eligibility requirements, conditions and
procedures whereby such assistance may be provided.
6.2 Eligibility.
A. Application for tuition reimbursement will be
considered only from full-time, regular City employees
who have completed probation.
B. Reimbursement is not authorized for courses for which
the employee is receiving financial assistance from
other sources such as G.I. Bill, scholarships, etc.
C. Applications will be approved only for courses directly
related to the employee's job or directly related to a
promotional position in the employee's occupational
specialty.
D. Courses not ostensibly related to the employee's job,
but which are required to qualify for a degree that is
directly related to his job, may be reimbursable only
after all required occupationally related courses have
been completed. (For example, a Fire Battalion Chief
is a candidate for an, A.A. Degree in Fire Science and
has completed all coursework directly related to his
fire suppression duties. A course in American History
is required for the degree. The history course may
qualify for tuition reimbursement because ,the degree
can be related to the employee's job.)
E. Prior to receiving tuition reimbursement, employees
must submit documentary proof of having received a
grade of not less than "C" for the course. If
objective ratings are not rendered for the specific
course, then a certificate of successful completion
must be submitted.
F. Approval will be limited to courses given by accredited
colleges and universities, community colleges,
20
California State Fire Marshal classes, or other courses
approved by the Fire Chief. Workshops, seminars,
Conferences and similar activities not identifiable as
a formal course of instruction within the curriculum of
a recognized educational institution, do not fall
within the purview of this program but may be
authorized and funded by the interested department
without coordination with the Personnel Services
Department.
G. When an employee is required by the Fire Chief to
attend a particular course or seminar, the expense
shall be borne entirely by the City.
6.3 Reimbursement.
A. Reimbursement will be based on the cost of tuition or
registration fees and all required texts and related
material for each course. Additional expenses such as
meals and parking fees are not reimbursable.
B. Costs for required texts are eligible for one hundred
percent (100i) reimbursement subject to the following
conditions:
1.. That a duplicate of the required text(s) was
unavailable for loan from the departmental
libraries prior to the commencement of coursework;
r
2. That any textbook(s) purchased by the City shall
be submitted to the Fire Department's departmental
library in order that such text(s) may be made
available to all employees.
C. Tuition and registration costs are eligible for one
hundred percent (1000) reimbursement up to a maximum of
two thousand dollars ($2,000) per fiscal year, which
the employee may claim as costs are incurred during the
year, or as one lump sum. Summer session., "mini -
semester," and "intersession" courses are counted as
separate "semesters" for purposes of this program.
D. Employees shall be limited, for purposes of tuition
reimbursement, to a maximum of two (2) collegiate level
courses of not more than a total number of units which
is equivalent to six (6) "semester" units per semester.
One (1) "quarters' unit shall equal two-thirds (2/3) of
one (1) "semester" unit.
6.4 Procedures.
A. An employee who desires to seek tuition reimbursement
under the provisions of this Article must complete, in
duplicate, an Application for Training and Educational
21
Assistance form and submit it to the Fire Chief.
B. The Fire Chief will recommend approval or disapproval
and forward the application to the Executive Director
of Personnel Services.
C. The Executive Director of Personnel Services will
approve or disapprove the application for the City
Manager. One copy will be returned to the employee and
the duplicate will be retained by the Personnel
Services Department. It is advisable that the
applicant accomplish the procedure so far described in
order to ascertain the eligibility of the intended
course of instruction for reimbursement under the
provisions of this policy prior to the inception of the
course or disbursement of personal funds.
D. The employee will submit his or her copy of the
approved application to the Personnel Services
Department within three (3) months after he or she has
completed the course and received his or her final
grade. He or she must include official verification of
his or her final grade with appropriate receipts for
tuition and textbook costs. These will be returned to
the employee upon request. Applications not submitted
to the Personnel, Services Department within three (3):
months following completion of the course become void.
E. Upon receipt of the application and required
documentation, the Personnel Services Department will
determine whether the completed course of instruction
is compatible with the provisions of Subsections 6.2
and 6.3 of this Article. If found to be compatible,
the Personnel Services Department will compute the
amount of reimbursement, authenticate the application
and forward it to the Fire Chief.
F. The Fire Chief will then authorize the Finance
Department to reimburse the employee the approved
amount out of the budget of the Fire Department.
22
ARTICLE VIZ
7.0 OVERTIME/SHIFT REPLACEMENT PAY
7.1 Compensation for Overtime. Employees in any of the
designated classes of employment listed in this Agreement
are not eligible for monetary compensation for overtime work
or for compensatory time off with pay for overtime work,
unless so required by the Fair Labor Standards Act, or any
other State or Federal laws.
7.2 Shift Replacement Pay for Fire Battalion Chiefs. Off duty
employees in the class of Fire Battalion Chief who are
assigned by the Fire Chief to a twenty-four (24) hour work
shift to replace another Fire Battalion Chief who is on sick
leave, vacation, bereavement leave, or other approved
absence, will receive an amount equivalent to straight time
pay for the entire shift, regardless of the actual number of
hours worked: This practice shall conform to the following
guidelines:
A. Special Shift Replacement Pay will be calculated by
multiplying 24 hours times the hourly rate of pay for
Fire Battalion Chief, "E" step, regardless of the
salary step of the affected employees. This Special
Shift Replacement Pay may be subdivided to reflect a 12
hour payroll day.
B. Shift exchanges between two employees of the class of
Fire Battalion Chief will not qualify for Special Shift
Replacement Pay under these provisions.
C. Under no circumstances will Special Shift Replacement
Pay be construed as "overtime pay," as defined under
the Fair Labor Standards Act.
23
ARTICLE VITI
8.0 HOLIDAYS
8.1 Regular Shift Personnel. Employees covered by this
agreement who work a regular forty (40) hour workweek
schedule shall be entitled to receive the following days off
during the calendar year as paid holidays:
January 1st - New Year's Day
Third (3rd) Monday in January - In observance of Martin
Luther King's Birthday
Third Ord) Monday in February - In memory of George
Washington's Birthday
Last Monday in May - In commemoration of Memorial Day
July 4th - In observance of Independence Day
First (lst) Monday in September - In observance of
Labor Day
November 11th - In observance of Veteran's Day
Fourth (4th) Thursday in November - In observance of
Thanksgiving Day
The Friday immediately following Thanksgiving Day
Last working day before Christmas Day, unless Christmas
Day falls on a Thursday, in which instance, the day
following Christmas Day shall be observed in lieu
thereof
December 25th - In observance of Christmas Day
One (1) Floating Holiday - Any workday selected by the
employee with prior permission of the employee's
supervisor
Every day proclaimed by the Mayor of the City as a
holiday for City employees
Any holiday which falls on a Sunday will be observed on
the following Monday. Any holiday which falls on a
Saturday will be observed on the Friday preceding the
holiday.
8.2 Employees assigned to the twenty-four (24) hour work shift
schedule shall be entitled to receive twelve (12), 12-hour
days off during the Calendar year in lieu of the holiday
24
benefits specified in Section 8.1 of this Article.
Employees assigned to a forty (40) hour schedule, which
could be a 5/8 or a 9/80 or 4/10 "alternative work schedule"
shall receive twelve (12), 8-hour days off during the
calendar year in lieu of the holiday benefits specified in
Section 8.1 of this Article.
Said substitute holidays may be taken at any time during the
calendar year with prior permission of the employee's
supervisor and subject to the operational needs of the
department. However, if an employee who separates from the
service of the City has taken time off for holidays in
advance of the date or day the holidays actually occur, he
or she must pay the City the cash value for such used but
unearned holiday time off benefits prior to or at the time
of separation.
8.3 Cash „Option. Employees covered by this Agreement will be
given an option once per calendar year to receive cash
compensation_c.omputed on a straight time basis in lieu of
all or part of their holiday leave benefits set forth in
Section 8.2 above.
Such cash option may be eliminated or modified at the
discretion of the Fire Department to the extent necessary to
service the best interests of the. department, to the extent
it represents additional costs to the City, or to the extent
it is construed as overtime under Department of Labor
Guidelines implementing provisions of the Fair Labor
Standards Act.
8.4 An employee separating from the service of the City must
actually work at least one (1) day following the day a
holiday listed in Section 8.1 above actually occurs in order
to receive compensation for the holiday.
8.5 Holiday time off may only be taken in increments of whole
days.
8.6 Holiday benefits may not be carried over from one calendar
year to the next.
25
ARTICLE IX
9.0 VACATION
9.1. Purpose. It is the policy of the City to grant employees
vacation leave in order to provide them with a break in
their regular work schedule, and this purpose will be used
as a guide in the administration of the provisions of this
Article. Employees covered by this Agreement must take at
least five (5) consecutive days of vacation per year.
9.2 Regular Vacation Period.
A. Regular vacation with pay is granted to each employee
covered by this Agreement at the rate of fifteen (15)
working days for each completed year of service,
accrued at the rate of ten (10) working hours (fifteen
[151 working hours for personnel assigned to 24-hour
work shift schedule) for each completed month of
service. In those cases when an employee is transferred
between the twenty-four (24) hour shift schedule and
the regular forty (40) hour workweek schedule, the
employee's earned vacation, which is accrued in hours,
shall be converted to agree with the number of working
hours per day in, the currently assigned schedule.
E. Personnel assigned to a regular forty (40) hour week
may take vacation time off in increments as small as
one (1) hour, with fractional usage rounded upward to
the next higher multiple of one (1).
Personnel assigned to the twenty-four (24) hour shift
schedule may take vacation time off in increments as
small as three (3) hours, with fractional usage rounded
upward to the next higher multiple of three (3).
C. Computing Regular Vacation.
1. In computing regular vacation, each municipal
holiday that occurs during the vacation, and that
falls on a day which the employee would have
worked had he or she not been on vacation, shall
be deducted from the computation so that one (1)
additional day of regular vacation shall be
allowed to the employee unless departmental
practice provides some other manner of
compensating for municipal holidays. Should an
employee be confined to a hospital for sickness or
injury while on authorized vacation, each full day
of such confinement, when confirmed by a
physician's statement and approval of the Fire
Chief, may be deducted from the computation of
vacation expended and charged against the
26
employee's accumulated sick leave.
2. No employee may carry over from one calendar year
to the next, more than the equivalent of two (2)
regular vacation periods from the previous two (2)
years, and vacation not taken beyond that amount
is forfeited. A regular vacation period is
defined as the maximum amount of vacation earned
in a calendar year as provided in Subsection A
above.
3. Employees may or may not be allowed or required to
accumulate or split vacations. The time at which
an employee shall take his or her vacation shall
be determined by seniority within class with due
regard for the needs of the department.
9.3 Longevity Vacation.
A. Each affected employee is granted additional work days
of vacation leave with pay for each completed year of
full-time, continuous City service as set forth in the
following table. This additional vacation shall be
designated longevity vacation. For uniformed, "safety -
member" employees assigned to the twenty-four (24) hour
shift schedule, the working day granted is a twelve
(12) hour day.
Hourly
E uivalent of
Additional Days:
Completed
Additional
40-hour Week
24-hour Shift
Years
DaVs
Em 10 ees
Employees
6
1/2
4
6
7
1
8
12
8
1-1/2
12
18
9
2
16
24
10
2-1/2
20
30
11
3
24
36
12
3-1/2
28
42
13
4
32
48
14
4-1/2
36
54
15
5
40
60
16
6
48
72
17
7
56
84
18
8
64
96
19
9
72
108 -
20
10
80
120
B. No employee becomes eligible for longevity vacation until
completion of the sixth (6th) year of continuous service,
and each employee continues to earn the maximum of ten
(10) working days of longevity vacation for each
completed year of service in excess of twenty (20) years.
27
C. A period of earlier service does not apply toward
longevity vacation accumulation when an employee has had
a break in continuous service, unless the break in
service is concluded by reappointment, as provided in
Section 9-114 of the Civil Service Rules and Regulations,
or by reemployment from layoff within two (2) years for
"sworn" members and one (1) year for "non -sworn" members
covered by this Agreement.
D. Leave of absence without pay, as provided in Article
X, Subsection 1(E) (Sick Leave - Extended) and Section
10.8 (Authorized Absence Without Pay - Long Term) herein,
does not constitute a break in continuous service as used
in this section; however, the leave of absence period
shall not be applied toward the accumulation of longevity
vacation. Absence on military leave followed by
reinstatement, as provided in Section 9-143 of the Civil
Service Rules and Regulations, does not constitute a
break in service, and the period of absence on such
military leave shall be applied toward the accumulation
of longevity vacation.
9.4 Limitation on Vacation. With the exception of a retiring
employee, no employee is granted, and no employee shall be
allowed to take any vacation leave with pay in excess of
fifty (50) working days in any one year by combination of
the vacations granted in this Agreement. Further, no
employee may carry over from one calendar year to the next
more than the equivalent of two (2) Longevity vacation
periods and the equivalent of two (2) regular vacation
periods from the previous two (2) years and vacation not
taken beyond that amount is forfeited. Therefore, the
maximum vacation that an eight (8) hour employee with less
than six (6) years service could accumulate is thirty (30)
working days (240 hours) and only an eight (8) hour employee
with more than twenty (20) years service could carry over
and take the authorized maximum of fifty (50) working days
(400 hours) in any one year.
9.5 Effect of Extended Sick Leave on Vacation Accrual. Absence
on sack leave for a period in excess of fifteen (15)
consecutive calendar days shall not be considered as service
time for regular and longevity vacation accrual purposes.
9.6 Vacation Pay Options. Once each fiscal year, all employees
covered by this Agreement shall be given the option to
receive cash compensation, computed on a straight --time
basis, in lieu of up to five (5) working days of earned,
unused vacation leave benefits set forth in this Article.
9.7 Management Vacation Benefit. Employees covered by this
Agreement will be granted an additional five (5) working
days [five (5) , eight (8) -hour days for forty (40) hour
employees and five (5), twelve (12) hour days for shift
W
employees] per calendar year o
v
29
ARTICLE X
10.0 OTHER LEAVES OF ABSENCE
10.1 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 or injury that prevents the
employee from performing the duties of his or her
position, and shall be deemed to include time in
quarantine resulting from exposure to a contagious
disease.
B. Accrual. Each employee shall be entitled to, and shall
earn, one (1) working day of sick leave for each full
calendar month of'service in which he is employed by the
City with full pay; provided, however, any absence on
sick leave for a period of time greater than fifteen (15)
consecutive calendar days in any one (1) calendar month
shall not be considered to be service entitling an
employee to earn sack leave as aforesaid.
Subject to the other provisions in this Article, sick
leave shall accrue to the credit of each employee to the
extent that it is not used. Notwithstanding the
foregoing, an employee on leave of absence for service
connected illness or injury who is covered by the
provision of Labor Code Section 4850, shall continue to
accumulate one (1) day of sick leave for each full
calendar month of service for which he or she is employed
by the City with full pay during said absence for
service -connected illness or injury.
The City Manager is authorized to grant a newly appointed
employee covered by this Agreement sick leave credits up
to an amount equal to any earned but unused sick leave
credits available to such appointee at the time of his or
her separation from his or her most recent previous
employer.
C. Authorized Only When Necessary. Sick leave is not a
right which an employee may use at his or her discretion,
but shall be allowed only in cases of necessity and
actual sickness or disability or as authorized in
Subsection J below.
D. Limit. The maximum total accumulation of sick leave with
pay shall be two hundred (200) working days (1,600 hours
for employees working an: eight --hour day and 2,400 hours
for employees working a twelve-hour day) . Sick le'_ve
usage of less than a full day shall be charged in minimum
increments of one (1) hour, with fractional usage rounded
30
upward to the next higher multiple of one (1). For
affected employees assigned to the. 24-hour work shift
schedule, the minimum sick leave increment is three (3)
hours, with fractional usage rounded upward to the next
higher multiple of three (3).
E . Extended. The City Manager may grant leave up to six ( 6 )
months without pay to an employee who has exhausted all
of his or her accrued sick leave if the City physician,
or a licensed physician designated by the City Manager,
indicates that the employee will be sufficiently
recovered to return to his or her employment within a six
(6) months period. Prior to the expiration of the
additional time, the employee may return to his or her
position provided that he or she has a certificate from
one of the above mentioned physicians stating that the
employee is able to perform all the duties of his or her
position without qualification. In addition to the above,
the City Manager may grant a further extension not to
exceed a total of one (1) year without pay.
F. Extension by Use of Vacation. After an employee's sick
leave has been exhausted he or she may be granted
permission to take any earned vacation he or she may have
accrued.
G. Notice. The employee taking sick leave shall notify his
or her immediate supervisor either prior to or within
four (4) hours after the time he or she.is scheduled to
report for duty, or as otherwise established by
departmental regulations. When the absence is more than,
three (3) consecutive working days, or more than three
(3) consecutive scheduled shifts for affected employees
assigned to the twenty --four (24) hour shift schedule, the
employee must present to .the Fire Chief a physician's
certificate stating the cause of illness and that, in the
physician's opinion, the employee could not report to
work because of such .illness or injury and that the
employee is sufficiently recovered to safely return to
work. Such certificate shall, be transmitted to the chief
personnel officer with the report of the employee's
return to work.
A physician's certificate or other satisfactory written
evidence of actual illness or injury may be required
after an absence of any duration less than three (3)
days, or less than three (3) scheduled shifts for -
affected employees assigned to the twenty-four (24) hour
shift schedule.
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, sickness or disability sustained while engaged in
employment other than employment by the City, for
31
monetary gain or other compensation, or by reason of
engaging in business or activity for monetary gain or
other compensation.
Z. Excess Usage. If sick leave is used in excess of that
due and available to an employee, such excess sick leave
will, first, be deducted from any available compensatory
time off benefit; second, from any available vacation
leave benefit; finally, deducted from the next scheduled
wage or salary payment.
J. Personal Necessity Leave. Each employee shall be afforded
the opportunity to use sick leave benefits up to six (6)
days (48 hours for 40-hour workweek employees or six (6),
24--hour shifts (144 hours) for uniformed, "safety --member"
.personnel per calendar year (on a non -cumulative basis)
to attend to an illness of a child, parent, or spouse of
the employee. As used in this section:
1. "Child". means a biological, foster, or adopted child,
.a stepchild, a legal ward, or a child of a person
standing in loco parentis;
2. "Parent" means a biological, foster, or adoptive
parent, a stepparent, or a legal guardian.
Of the 48 and 144 hours, respectively, defined above, each
employee shall be afforded the opportunity to use up to
three (3) days (24 hours for 40-hour workweek employees or
three (3) 24-hour shifts (72 hours) for uniformed, "safety -
member" personnel per calendar year (on a non -cumulative
basis) for "personal necessity leave," which circumstances
shall be limited to serious accidents involving members of
the employee's immediate family, childbirth, medical or
dental appointments for members of the employee's household,
imminent danger to the employee's home or other valuable
property, or the existence of external circumstances beyond
the employee's control making it impractical for him or her
to report to duty.
K. Payment for Unused Sick Leave.
1. Payment criteria and limitations.
a. Upon nondisciplinary termination of employment
after ten (10) years cumulative full-time
service with the City, each qualified employee
with less than twenty-five (25) years of
cumulative full-time service with the City shall
be' entitled to payment for one --third (1/3) of
the total sick leave benefit credited to his or
her account upon the effective date of such
termination, not to exceed a maximum limit of
427 hours for employees working an eight (8)
32
hour schedule or 640 hours for employees working
a twelve (12) hour schedule, at the rate of pay
effective on the date of such termination.
b. Affected qualified employees who have completed
twenty-five (25) years or more of cumulative
full-time service with the City shall be
entitled to payment for two-thirds (2/3) of the
total sick leave benefit credited to his or her
account upon the effective date of such
termination, not to exceed a maximum limit of
1,067 hours for employees working an eight (8)
hour schedule or 1,600 hours for employees
working a twelve (12) hour schedule, at the rate
of pay effective on the date of such
termination.
C. At the employee's election, payment of unused
sick leave may be received in either a lump sum
of .money, or in equal monthly payments for a
period of up to five (5) years.
d. A lump sum payment shall be made to the
beneficiaries of any employee covered by this
Agreement whose death occurs while such employee
is an active employee of the City, such payment
to be equal to what would be credited to the
employee's account at the time of his or her
death, and at the rate of pay effective on the
date of death.
2. Conversion to Health Insurance Premium Payments.
a. At his or her option, an employee may convert
any lump sum payment provided herein into health
insurance premiums, to the extent necessary to
provide the employee and his or her designated
eligible dependents, if any, with benefits under
the health insurance program maintained by the
City.
i. The City's obligation to pay such premium
shall terminate when the sum of premiums
paid equals one hundred fifty percent (1500-.)
of the amount of the lump sum payment that
the employee would have received for unused
sick leave benefits had this option not been
elected.
ii'.Premiums will first be paid out of the lump
sum amount contributed by the employee and
then out of the amount contributed by the
City. If the retired former employee dies
before exhausting the full amount of his or
her Lump sum contribution, the unused
33
portion of such contribution shall be
reconverted to cash and distributed to the
retiree's designated beneficiary.
b. Upon nondisciplinary termination of employment
after fifteen (15) years of cumulative full-time
service with the City, each qualified employee
shall be entitled to payment for two-thirds
(2/3) of the total sick leave benefit credited
to his or her account upon the effective date of
such termination to be applied toward health
insurance premiums only as specified in Section
10.1K2a above excluding Subsections i and ii.
10.2 Bereavement Leave. An employee shall be granted up to four
(4) days leave (32 hours for 40-hour—workweek employees and
48 hours for 24-hour shift employees) without loss of pay in
case of death of a member of the employee's immediate
family. Such leave is designated as bereavement leave.
"Immediate family" as used in this section is limited to:
A. Any relative by blood or marriage who is a member of the
employee's household;
B. A parent, spouse, child, brother, sister, grandparent or
grandchild of the employee, regardless of residence;
C. 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.
10.3 Military Leave.
A. Proof of Orders and Reinstatement. An employee shall be
granted military leave if he or she furnishes the chief
personnel officer satisfactory proof of his or her orders
to report for duty. Upon return and upon showing of
proof of actual service pursuant to such orders, he or
she will be reinstated as provided in Section 9-143 of
the Civil Service Rules and Regulations of the City of
Santa Ana.
B. Temporary. Members of the reserve forces of the United
States, or the National Guard, granted temporary leave
when ordered to duty, in accordance with the Military and
Veterans Code, will be granted leave with pay not to
exceed thirty (30) calendar days in each calendar year
after one year's service with the City upon presenting
satisfactory proof of orders to and from such temporary
active duties.
10.4 Jury and Witness Leave. When an on -duty employee is called
to serve as a juror or non-party witness in any court
34
action, he or she shall be allowed the necessary time
actually required for such service without loss of pay.
Each on -duty employee called for such service shall present
to his or her department head for examination the subpoena
calling him or her to such service and shall pay into the
City Treasury the fees collected for such service, with the
exception of reimbursement for transportation expenses, if
any.
10.5 Examination Leave. Employees participating in examinations
conducted during their normal working hours for positions in
the, competitive service of the City of Santa Ana will -be
granted leave with pay for the time actually required,
without loss of any accrued vacation or compensatory time
off benefits.
10.6 Unauthorized Absence. Unauthorized absence from duty for
any duration of time may be considered cause for dismissal.
Absence from duty without leave for five (5) consecutive
working days shall be deemed a resignation from service;
provided, however, if upon return to duty the person so
absenting himself makes an explanation satisfactory to the
Fire Chief of the cause of his absence, the Fire Chief may
restore said person to his or her position, with the City
Manager's approval.
10.7 Authorized Absence Without Pay - Short Term. Absence without
pay not to exceed five (5) consecutive working days, may be
authorized by .the Fire Chief. Absence without pay not to
exceed fifteen (15) calendar days may be authorized by the
Fire Chief with the approval of the City Manager. Such an
absence may be authorized only if in the judgment of the
Fire Chief it serves the best interest of the City.
10.8 Authorized Absence Without Pay - Long Term. Upon receipt of
a written request from an employee having regular status
plus action by the Fire Chief recommending approval of the
request, the City Manager may grant a leave of absence for
up to six (6) months.
An employee returning to duty with the City shall inform the
Fire Chief and Executive Director of Personnel Services of
his or her intention at least thirty (30) calendar days
prior to the expiration of the six (6) month -period or
shorter period if the full six (6) months is not taken.
Upon receipt of such notice, the Fire Chief will take steps
necessary to restore the employee to his or her former
position.
In addition to the above, the City Manager may grant a
further extension not to exceed a total of one (1) year
leave of absence without pay.
35
10.9 Industrial Leave.
A. Each affected "safety -member" employee covered by the
provisions of Labor Code Section 4850 who is compelled to
be absent from duty because of an illness or injury
covered by the State of California Worker's Compensation
Insurance and Safety Act shall, in lieu of temporary
disability compensation payable under the aforementioned
Act, continue to be paid his or her normal salary and
accrue other benefits in accordance with the provisions
of Labor Code Section 4850.
B. Any period of time during which an employee is required
to be absent from his or her position by reason of an
industrial injury or industrial illness for which he or
she is entitled to receive Compensation shall not be
considered a break in continuous service for the purpose
of his or her right to salary adjustments or to the
accrual of vacation and seniority.
C. In consideration for the City agreeing to provide a sick
leave payoff in an amount equal to two-thirds (2/3) of up
to 200 unused days upon service retirement or separation
after twenty --five (25) years or more of service (Article
X, Section 10.1K) of a deceased retiree's cash share of
contributions made to a post --retirement health insurance
premium continuation account (Article X, Section 10.1K,
Subsection 2 a.i.), new members of the Association
appointed on or after July 1, 1987, will not have the
"right" enjoyed by a current member who might become
disabled to defer his disability retirement date until
after all accrued sick leave has been exhausted rather
than accepting an up -front Jump sum payment in lieu
thereof and an earlier retirement date but will be
required to accept a lump sum payment for any unused sick
leave in lieu of deferring his/her disability retirement
date until after all accrued sick leave has been
exhausted.
10.10 Administrative Leave Policy. The City Manager is
authorized to grant, at his or her discretion, paid or
unpaid administrative leave for employees covered by this
Agreement.
10.11 Catastrophic Leave Donation. In order to assist
employees otherwise granted leave of absence without pay
by the City Manager because of a catastrophic non-
industrial medical condition or injury, the City and the
Association agree to implement a Catastrophic Leave
Donation Procedure.
Nothing herein shall be construed to alter City policies
and procedures as provided in the Charter or ordinances
of the City of Santa Ana or other provisions of this
Agreement with regard to granting unpaid leaves of
absence.
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 time or one in -lieu
holiday to the eligible employee. In no event shall
sick leave be donated.
2. Employees shall be provided a two -week period to
submit donations. Donations received after this two -
week period shall not be processed. The two -week
period for each case shall be designated by the Fire
Chief or his/her designee as provided herein, below.
3. For employees who work a twenty --four (24) hour tour
of duty the donations shall be for a minimum of three
(3) hours and a maximum of twelve (12) hours per
donor. , All donations must be made in three-hour
.increments, except in -lieu holidays must be for
twelve (12) hours.
4. For employees who work a forty (40) hour alternative
work week the donations shall be for a minimum of two
(2) hours and a maximum of eight (8) hours per donor.
All donations must be made in two-hour increments,
except in -lieu holidays must be for eight (8) hours.
5.. Any authorization of donations not made in accordance
with the procedures outlined in Section C,
subparagraph 2 below, will not be processed.
6. 'All donations shall be irrevocable.
7. In the event the recipient returns to work before
leave donations have been exhausted, any balance on
the books shall be accrued by the recipient and
designated as sick leave, and may be used pursuant to
Article X, Section 10.1.
B. Eligibility. Regular, full-time employees shall be
eligible for catastrophic leave donations if the
following criteria are met:
1. When it is reasonably foreseeable that all accrued
time on the books, such as sick leave, compensatory
time, vacation, and in -lieu holidays, will be
exhausted and the employee's illness will continue
past the time when the employee will be on paid
status.
2. The Fire Chief or his/her designee has approved a
written request for donations accompanied by a
medical statement from the employee's attending
37
physician. The attending physician's statement must
verify the employee's need for an extended medical
leave and must include a brief statement of the
nature of the illness or injury 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 Fire Chief or his/her designee
shall post a notice of the eligible employees need
for donations 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:
a. His/her name, department name, and employee
number;
b. The number of donated hours of vacation time or
in lieu holiday time within the limitations of
Section A, subparagraph 3 and 4 above;
C. The name, department and class title of the
recipient;
d. A statement indicating that the donor
understands such donation of time is
irrevocable.
3. At the close of the two -week donation, period, the
Fire Department shall verify that each donating
employee has accrued vacation and/or in lieu holiday
time balances sufficient to cover the designated
donation;
4. The Fire Department shall submit all approved
donation authorizations for an eligible employee at
one time for processing. No donation authorizations
for the eligible employee will be processed after
this period. However, employees who receive
donations under this procedure and who exhaust all
donated hours may request an additional donation
period subject to the provisions of Section A,
herein;
S. The City shall add the donated time to the
recipient's sick leave account.
t:
ARTICLE XI
11.0 EMPLOYEE INSURANCE
11.1 Health Insurance. The City shall contribute toward the
payment of premiums for affected employees and their
dependents under the Ca1PERS Health Program. Effective
January 1, 2002, January 1, 2003, and January 1, 2004,
respectively, the City shall contribute toward medical
premiums an amount consistent with the rates in effect for
each tier of the Kaiser California Ca1PERS HMO plan. For
example, effective Janaary 1, 2002, the California Kaiser
rate for the "employee only" category is $210.17 per month,
the rate for employee plus one is $420.34 per month, and the
rate for family coverage is $546.44 per month.
For each such employee who is covered under a spouse's non -
City sponsored health plan, the City will pay the employee
a cash payment each month in an amount equal to fifty
percent (50%) of the monthly premium amount for the City's
lowest "employee -only" coverage, if said employee waives, in
writing, City -paid coverage.
11.2 Dental Insurance. During the term of this Agreement, the
City will contribute the following amounts for each affected
employee enrolled in dental insurance plans provided by the
City for its bargaining unit members and their eligible
dependents:
Effective
1-1-02 -
1-1-03
up
to
$60/month
per
employee
Effective
1-1--03 -
1-1-04
up
to
$70/month
per
employee
Effective
1-1-04 -
1--1-04
up
to
$80/month
per
employee
Any contribution necessary to maintain benefits under said
dental plans in excess of the amount set forth above shall
be borne entirely by the employee.
11.3 Disability Insurance. The City shall continue to pay one
hundred percent (10051.) of the premium cost for a long term
disability insurance plan for employees covered by this
Agreement.
11.4 Life Insurance. The City shall continue to pay one hundred
percent (1000-0 of the premium cost for term life insurance
coverage under the policy it maintains on behalf of its
officers and employees in order to provide employees covered
by this Agreement with life insurance coverage in an amount
equal to twice such employee's annual rate of salary to a
maximum of three hundred thousand ($300,000) provided said
affected employees can provide evidence of insurability of
Coverage if so required by the term-, and conditions of said
term life insurance policy.
19
In the event any such employee is determined to be
ineligible for said insurance coverage, the City will
attempt to provide as much coverage as may be obtained at
reasonable cost without having to provide evidence of
insurability.
11.5 The City shall retain the right to change health, dental and
life insurance carriers, administer the insurance benefits
provided thereunder, and select and/or change any excess or
supplemental insurance carriers as a part of any self-
insurance plan during the term of this Agreement, provided
that employees covered by this Agreement continue to receive
equivalent benefits and provided that the parties have met
and conferred before the benefits changes are made.
11.6 Optional Association Benefit Plans. By majority vote,
Association members may opt to receive cash equivalent of
premium contributions made by City on behalf of employees
and dependents, to purchase group health and/or group dental
and/or group ..L.T.D. insurance coverage through the
Association or its Agent provided, however, all members of
the Association waive, in writing, coverage under City -
sponsored group health and/or group dental and/or group
L.T.D.
11.7 Medical Retirement Subsidy Plan. Based on the first payroll
period in October, 2001 and no later than October 31st each
year thereafter for the term of this Agreement, the City
shall contribute to a fund an amount of money equal to one
percent (10) of the bargaining unit's salary base for the
purpose of providing a retiree health insurance subsidy
plan. Eligibility for and the specific payments made to
members of the bargaining unit pursuant to this plan shall
be designated at the sole discretion of the Association.
Members represented by this Agreement who are not or have
not been enrolled in any of the City's medical insurance
plans shall remain eligible for this benefit. Members
covered by this Agreement who participated in. the Medical
Retirement Subsidy Plan with the Santa Ana Firemen's
Benevolent Association (SAFBA) and have promoted into the
Fire Management Association (FMA) shall retain his/her
investment with the SAFBA's Medical Retirement Subsidy and
continue to receive benefits in accordance with the SAFBA
Medical Retirement Subsidy Plan. The plan shall be
administered by the City, at no cost to the Association or
its members pursuant to the written directives of the
Association. The funds contributed by the City will be
maintained in such a manner as to insure that the funds are
invested in a .reasonably secure plan that bears a reasonable
rate of interest/growth given current financial markets.
For purposes of this Agreement, investments made pursuant to
the then curren'- Statement of Investment Policy for the City
of Santa Ana, shall be deemed to meet the requirements of
this section. This program is for medical insurance premium
40
reduction only and will be implemented by February 1, 2002
for an employee retiring after July 1, 2001. If an employee
retires between. July 1, 2001 and February 1, 2002, he or she
will be eligible to participate in said plan; however, in no
event, will he or she be eligible to utilize this program
until February 1, 2002. Additionally, in no event shall
said employee (s) be eligible for retroactive medical premium
reduction assistance between the date of retirement and
February 1, 2002.
11.8 Vision Care Insurance. If any other bargaining unit
receives a vision insurance plan during the term of this
Agreement, the City and the Association agree to reopen this
section of this Agreement.
11.9 Physicals. The City shall provide an annual physical
examination to each member of this unit. The City and
Association shall meet to mutually define the specific
components for said physical exam.
11.10Option. to Redesignate Certain Contributions. Affected
employees shall have the option of waiving coverage under
any City -sponsored group insurance plan, such as medical,
dental, long-term disability and life coverages, and
applying the above specified amount of City contribution
toward each such coverage waived to deferred compensation
and/or earned income.
41
ARTICLE XII
12.0 DEFERRED COMPENSATION
12.1 An amount equal to one percent of the base semimonthly pay
rate being paid each affected employee is deemed to be
deferred compensation and shall be contributed into the
City's deferred compensation plan by the City on behalf of
each affected employee. The amount is subject to the
general terms and conditions of the City of Santa Ana
Deferred Compensation Plan, and subject further to the
conditions that the employee shall have no vested rights in
the amounts contributed by the City until termination of
employment with the City and that the City will pay the
total amount of contributions plus any earnings to the
employee upon termination, resignation, retirement,
dismissal or death.
42
ARTICLE XIII
13.0 RETIREMENT
13.1 General. The terms of the existing contract between the
City and California Public Employees' Retirement .System
(CalPERS) governing the retirement benefits of employees
covered by this Agreement are incorporated by reference
herein. The City shall continue to make contributions to
CalPERS in accordance with its contract with CalPERS for
employees covered by said contract.
13.2 Deferred Retirement. The City shall continue to make
payment to CalPERS on behalf of each affected employee
covered by this Agreement in an amount equal to one hundred
percent (1000) of each employee's individual employee
retirement contribution. Such payments shall be credited to
the individual employee's CalPERS account.
Such payments are not increases in base salary and no salary
rate range applicable to any of the employees covered by
this Agreement shall be changed or deemed to have been
changed by reason thereof. As a result, the City will not
treat these payments as ordinary income and, thus will not
withhold Federal or state income tax from said payments.
The City has received an opinion, or ruling from the Internal
Revenue Service confirming that these payments are deferred
compensation, not ordinary income.
In the event that the City receives a subsequent ruling from
the Internal Revenue Service that such payments are ordinary
income of the employees instead of deferred compensation,
the City's obligation to make such payments shall
discontinue and in place thereof the base salary of each
said employee shall forthwith be increased eighteen (18)
salary rate ranges (approximately 9 0 ) for "safety -member'"
employees covered under the 113o at Age 50" CalPERS formula
and fourteen (14) salary rate ranges (approximately 70) for
"miscellaneous member" employees covered under the 112% at
Age 55" CalPERS formula by this Agreement.
For the purpose of reporting an employee's compensation to
CalPERS, the City shall include these payments as if they
were a part of the employee's base salary.
13.3 Increased Cost -of -Living Allowance. If, during the term of
this Agreement, the City approves an agreement with any
other represented bargaining unit in the City to amend the
City's contract with CaIPERS to provide an annual cost -of --
living adjustment to retiree allowances that is greater than
the current two percent (20) maximum amount, employees
covered by this Agreement shall be included in a CalPERS
contract amendment which will provide them with an annual
43
adjustment amount equal to the highest such amount granted
other represented employees of the City.
13.4 2% at 55 for CalPERS "Miscellaneous" Members. CalPERS
designated "miscellaneous" employees represented by the
Association shall be covered by the 2% at 55 retirement
benefit. Prior to this Agreement, employees designated as
CalPERS "miscellaneous" were required to contribute one
percent (1%) of their salary towards the 21 at 55 retirement
benefit by taking a deduction in pay of two (2) salary rate
ranges.
The City and Association agree to eliminate the one percent
(1%) pay deduction towards the 2% at 55 retirement benefit.
13.5 3 % at 50 Service Retirement Benefit for CalPERS "Safety"
Members. The City agrees to amend its contract with CalPERS
to provide "safety" employees represented by this bargaining
unit with the new 30-o at 50 Service Retirement benefit
effective July 1, 2001.
13.6 Payment of New 3% at 50 Service Retirement Benefit, The
City has received an actuarial valuation dated March 3, 2000
from CalPERS informing the parties that a cost analysis to
amend the City' s contrast to provide this benefit to current
employees will increase the City's normal cost by 1.864% of
its total yearly "safety" payroll for this unit. In order
to provide this benefit to its current"safety" members, the
City and Association agree that eligible employees will pay
50% of the total additional normal cost to provide this
benefit, not to exceed .93%.
13.7 Yearly Actuarial Valuation Fluctuations. CalPERS provides
the City with a yearly actuarial valuation informing it of
its new employer contribution rate to be in effect July lst
of each year. The City and Association agree that current
excess assets have reduced the City's current employer
contribution rate for its "safety" plans to 0 %, and that the
City's employer contribution rate will fluctuate from year
to year based on the investment returns earned by the
retirement system. The City agrees that current eligible
"safety" employees paying to receive this benefit should
also benefit from this yearly fluctuation In -the City's
annual actuarial valuation. As such, current eligible
"safety" employees will contribute 50% of any yearly City
employer contribution rate to a maximum of .930-.. The City
will notify the Association of the eligible employees'
required yearly contribution rate prior to July 1st of each
year.
13.8 CalPERS Third Level 1959 Survivor Benefits. Effective
January 1, 1995, the City will provide Ca1PERS third level
of 1959 Survivors' Benefits to all eligible employees in the
unit.
13.9 CalPERS Fourth Level 1959 Survivor Benefits. With regard to
CalPERS fourth level of 1959 Survivors' Benefits, if the
City's actuarial valuation from CalPERS` indicates an
employer contribution rate of Oa, then the City will
provide, as soon as practicable, CalPERS fourth level of
1959 Survivor Benefits to all eligible employees in this
unit. If, however, the CalPERS valuation indicates an
employer contribution rate of more than 096, the City and
Association agree to reopen this Article of the MOU for
further discussion.
13.10Pre-Retirement Optional Settlement 2 Death Benefit.
Effective June 5, 2000, the City will provide the CalPERS
Pre -Retirement Optional Settlement 2 Death Benefit to all
eligible employees in this bargaining unit.
13.11Uniform Reporting Allowance. The CalPERS reporting
allowance shall be $50 per month per eligible member,
effective January 1, 2002.
45
ARTICLE XIV
14.0 CREDIT UNION DEDUCTION
14.1 The City shall permit an employee covered by this Agreement
to have a deduction made from his or her payroll check for
the Santa Ana City Employee's Credit Union, provided that
the employee executes a written authorization on the payroll
deduction form provided by the City.
46
ARTICLE XV
15.0 EXPANDED RESIDENCY
15.1 The City shall Continue to permit employees covered by this
Agreement to reside outside the limits of Orange County, so
long as such residency is not an unreasonable distance nor
requires an unreasonable response time to the particular
employee's place of employment. Any affected employee who
desires to take advantage of the opportunity to reside
outside of Orange County shall first request permission to
do so from his department head. Said request shall be
granted by the department head if it is determined that the
intended residence is not an unreasonable distance nor
requires an unreasonable response time to the employee's
place of employment.
Should the department head refuse any such request, the
employee shall have the right of appeal of said
determination to the City Manager for reconsideration.
47
ARTICLE XVI
16.0 PREVENTIVE MEDICINE PROGRAM
16.1 The City shall continue to maintain a comprehensive
preventive medicine program for all employees covered by
this Agreement who, during the course and scope of their
employment, are exposed to communicable diseases, with the
City to pay all necessary expenses in connection with such
program. The City reserves the right to determine which
medical facility or facilities will be used for any such
program.
W.
ARTICLE XVII
17.0 DISCIPLINE
17.1 Any regular employee covered by this Agreement may only be
disciplined in accordance with the standards and procedures
and subject to all rights of appeal set forth in the Santa
Ana Municipal Code.
no
ARTICLE XVIII
1.8.0 GRIEVANCE REVIEW PROCEDURE
1.8.1 Definition of a Grievance. A grievance shall be defined as
a timely complaint by an employee or group of employees or
the Association concerning the interpretation or application
of specific provisions of this Agreement, 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.
No employee shall suffer any reprisal because of filing or
processing of a grievance or participation in the Grievance
Review Procedure.
1.8.2 Informal Process.
A. An employee must first attempt to resolve the grievance
on an informal basis through discussion with his or her
immediate supervisor without undue delay, but in no case,
beyond a period of ten (1.0) calendar 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 five (5) working days, a mutually acceptable
solution has not been reached at the informal level, the
employee shall then set forth the grievance in writing,
indicate the nature of the action desired, sign it, and
submit it in duplicate to his or her immediate
supervisor. 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 ten (1.0) working days after first discussing the
grievance with the employee's immediate supervisor, the
grievance shall be barred and waived.
18.3 Formal Process.
A. If a grievance is not resolved through the informal
process, and a written grievance is filed within the time
limits set forth above, the grievant's immediate
supervisor shall add his or her comments and any
50
justification he or she considers proper, sign it, and
forward it to the Fire Chief without undue delay or, in
no case, more than ten (10) calendar days.
B. If the grievant files a written grievance with the Fire
Chief in the manner and within the time limits specified,
then a conference shall be held at the request of the
employee or the Fire Chief.
C. The Fire Chief shall inform the employee of his or her
action within ten (10 ) calendar days after receipt of . the
request of the settlement. The original of the grievance
form and the Chiefs decision shall be filed in the
personnel records of the department.
D. If no satisfactory settlement has been reached at the
departmental level, the employee may, within ten (10)
calendar days after being informed by the Fire Chief of
his or her decision on the matter, and the reasons
thereof, ,submit the grievance in writing to the City
Manager, or his or her duly authorized representative,
for determination. Failure of the grievant to take this
action will constitute a waiver and bar to the grievance,
and the grievance will be considered settled on a basis
of the Fire Chief's response.
E. The City Manager or his duly authorized representative,
after a careful review, shall render a final decision on
the merits of the grievance, in writing, and return it to
the grievant within fifteen (15) calendar days after
receiving the grievance. A copy of the written grievance
to the City Manager, or his or her duly authorized
representative, and of the City Manager's or his or her
representative's written decision shall be filed in the
personnel records of the department and the grievant's
personnel jacket maintained in the Personnel Services
Department.
F. After the procedures set forth
exhausted, the grievant, the
shall have all rights and
grievance under the law.
in this Article have been
Association, and the City
remedies to pursue said
51
ARTICLE XZX
19.0 DUES DEDUCTION AND INDEMNIFICATION
19.1 Dues Deduction. The City shall deduct dues, on a regular
basis, from the pay of all employees recognized to be
represented by the Association, who voluntarily authorize
such deduction, in writing, on a form to be provided for
this purpose by the City. The City shall remit such funds
to the Association within thirty (30) days following their
deduction.
19.2 Indemnification. The Association agrees to hold the City
harmless and indemnify the City against any claims, causes
of action, or lawsuits instituted by a member or members of
the Association arising out of the deductions or transmittal
of such funds to the Association, except the intentional
failure of the City to transmit, to the Association, monies
deducted from the employees pursuant to this Article.
52
ARTICLE XX
20.0 CITY RIGHTS
20.1 The City reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been
expressly abridged by specific provision of this Agreement
or by law to manage the City, as such rights existed prior
to the execution of this Agreement. The sole and exclusive
rights of Management, as they are not abridged by this
Agreement 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 non-existence 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 work force by which
the City operations are to be conducted.
H. To determine and change the number of locations,
relocations, and types of operations, processes, and
materials to be used in carrying out all City functions
including, but not limited to, the right to contract for
or subcontract any work or operation of the City.
I. To assign work to and schedule employees 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 nondisciplinary reason, subject to the provisions
of the City Charter, Municipal Code, Federal and state
law and this Agreement.
K. To establish and modify productivity and performance
programs and standards.
L. To discharge, suspend, demote, or otherwise discipline
53
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
nondisciplinary reasons in accordance with this
Agreement.
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 therewith.
Q. To maintain order and efficiency in its facilities and
operations..
R. To establish and promulgate and/or modify rules and
regulations to maintain order and safety in the City
which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the
mission of the City in emergencies.
20.2 Except in emergencies, or where the City is required to make
changes in its operations because of the requirements of
law, whenever the contemplated exercise of Management's
rights shall impact on a significant number of employees of
the bargaining unit, the City agrees to meet and confer in
good faith with representatives of the Association regarding
the impact of the contemplated exercise of such rights prior
to exercising such rights, unless the matter of the exercise
of such rights is provided for in this Agreement.
54
ARTICLE XXI
21.0 STRIKES AND WORK STOPPAGES
21.1 Prohibited Conduct.
A. The Association, its officers, agents, representatives,
and/or members agree that during the term of this
Agreement, 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. Any employee who participates in any conduct prohibited
in Subsection A above shall be subject to suspension.,
demotion or dismissal by the appointing authority.
21.2 Association Responsibility. In the event that the
Association,- its officers, agents, representatives, or
members engage in any of the conduct prohibited in
Subsection A, Section 21.1 above of this Article, Prohibited
Conduct, the Association shall immediately instruct any
persons engaging in such conduct that their conduct is in
violation of this Agreement and unlawful, and they must
immediately cease engaging in the conduct prohibited in said
Subsection A, Section 21.1, and return to work.
55
ARTICLE XXII
22.0 SOLE AND ENTIRE AGREEMENT
22.1 It is the intent of the parties hereto that the provisions
of this Agreement shall supersede all prior agreements and
memoranda of agreement, or memoranda of understanding, or
contrary salary and/or personnel rules and regulations or
administrative codes, provisions of the City, oral and
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
Agreement is not intended to conflict with Federal or State
law or the City Charter.
22.2 The City will continue to administer its employee relations
and its personnel policies and procedures in accordance with
duly -adopted ordinances and resolutions and the affected
employees will continue to be governed thereby during the
term of this Agreement.
56
ARTICLE XXIII
23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
23.1 During the term of this Agreement, the parties mutually
agree that they will not seek to negotiate or bargain with
regard to wages, hours and terms and conditions of
employment, whether or not covered by this Agreement or in
the negotiations leading thereto, unless required by
specific provision of this Agreement, and irrespective of
whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the
negotiations leading to this Agreement. Regardless of the
waiver contained in this Article, the parties may, however,
by mutual agreement, in writing, agree to meet and confer
about any matter during the term of this Agreement.
57
ARTICLE XXTV
24.0 SEPARABILITY PROVISION
24.1 Should any provision of this Agreement be found to be
inoperative, void, or invalid by a court of competent
jurisdiction, all other provisions of this Agreement shall
remain in full force and effect for the duration of this
Agreement, 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.
ARTICLE XXV
25.0 TERM OF AGREEMENT
25.1 The term of this Agreement shall be from July 1, 2001
through June 30, 2004.
If this Agreement is not replaced by a new Agreement between
the City of Santa Ana and the Association before June 30,
2004, then it is agreed that all provisions of this
Agreement will remain in place until a new agreement is
reached.
59
ARTICLE XXVI
26.0 RATIFICATION AND EXECUTION
26.1 The City and the Association have reached an understanding
as to certain recommendations to be made to the City Council
for the City of Santa Ana and have agreed that the parties
hereto will jointly urge said Council to adopt a new wage
and salary resolution which will provide for the changes
contained in said joint recommendations. The City and the
Association acknowledge that this Agreement shall not be in
full force and effect until ratified by the membership of
the Association and adopted by the City Council of the City
of Santa Ana. Subject to the foregoing, this Agreement is
hereby executed by the authorized representatives of the
City and the Association and entered into this 17th day of
December, 2001.
CITY OF SANTA ANA, a municipal
corporation of the State of
California
y
Dated: B:
CI Y MANAGER
Dated: By:
EMPLOYEE RELATIONS
MANAGER
�- 1�10 = 0 ��
ATTEST:
CLERK OF THE COUNCIL
APPROVED AS F TO RM:
TO 0
ITY, ATTORNEY
SANTA ANA FIRE MANAGEMENT
ASSOCIATION
By: %? UAL
This Agreement has been ratified by the membership of the Santa
Ana Fire Management Association.
0
7
Dated: By:
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SALARY SCHEDULE NO. FMA-GROUP B
BASIC SALARY SCHEDULE FOR FIRE MANAGEMENT GROUT' B CLASSES
This basic salary schedule provides for a number of ranges of pay rates (salary rate ranges), each comprised of five pay
steps or rates. The salary rate ranges are identified by the letter M, and a three -digit number. Steps are identified by the
letters "A" to "E" inclusive. The purpose of each step and the length of service and other criteria required for advancement
within the rate range are defined below.
A - Lowest step in range
B - Shall be granted on the first day of the month following completion of one year
of continued satisfactory and efficient service.
C - Same as B.
D - Same as B.
E - Same as B.
NOTE: A performance appraisal shall be required for movement through the steps.
SALARY SCHEDULE MATRIX
In the following salary schedule matrix, each salary rate range is identified by a three -digit number preceded by the capital letter "M." The first
two digits are listed in the first vertical column on the left, and the third digit is listed horizontally across the top and identifies the appropriate
column. This three -digit salary rate range number locates "A" step of the range and steps "B," "C," "D" and "E" are found in the column directly
below "A" step. For example, "A" step of range number M601 is found to be $3915 by moving down the far left column to the number 60 (the
first two digits of the range number), then horizontally to column I (the third digit of the range number). The "A" step of $3915 has the remaining
steps shown directly below. Thus the full, five -step range is 3915-4111-43 I7-4533-4764. In the same manner, range number M655 is found to
be 5101-5356-5623-5905-6200.
0
1
2
3
4
5
6
7
8
9
M54
2907
2921
2936
2950
2965
2980
2995
3010
3025
3040
M55
3052
3067
3082
3098
3113
3129
3144
3160
3176
3192
M56
3205
3221
3237
3253
3269
3285
3302
3318
3335
3352
M57
3365
3381
3398
341.5
3432
3449
3467
3484
3501
3519
M58
3533
3550
3568
3586
3604
3622
3640
3658
3676
3695
M59
3710
3728
3747
3765
3784
3803
3822
3841
3861
3880
M60
3896
3915
3935
3954
3974
3994
4014
4034
4054
4074
M61
4091
4111
4132
41.52
4173
4194
4215
4236
4257
4278
M62
4296
4317
4339
4360
4382
4404
4426
4448
4470
4493
M63
4511
4533
4556
4579
4601
4624
4648
4671
4694
4718
M64
4741
4764
4787
481.0
4834
4858
4882
4906
4930
4954
M65
4978
S002
5026
5051
5076
5101
5126
5151
5176
5201
M66
5226
5252
5278
5304
5330
5356
5382
5408
5434
5461
M67
5488
5515
5542
5S69
5596
5623
5650
5678
5706
5734
M68
5762
5790
5818
5847
5876
5905
5934
5963
5992
6021
M69
6050
6080
6110
6140
6170
6200
6230
6260
6291
6322
M70
6353
6384
6415
6446
6478
6510
6542
6574
6606
6638
M71
6670
6702
6735
6768
6801
6835
6869
6903
6937
6971
M72
7005
7039
7073
7107
7141
7176
7211
7247
7283
7319
M73
7355
7391
7427
7463
7499
7535
7571.
7609
7647
7685
:1
M74
7723
7761
7799
7837
7875
7913
7951
7989
8029
8069
M75
8109
8149
8189
8229
8269
8309
8349
8389
8431
8473
M76
8515
8557
8599
8641
8683
8725
8767
8809
8853
8897
M77
8941
6985
9029
9073
9117
9161
9205
9250
9296
9342
M78
9388
9434
9482
9529
9577
9625
9673
9721
9770
9819
M79
9857
9906
9955
10005
10055
10105
10156
10207
10258
10309
M80
10350
10401
10453
01506
10558
10611
10664
10717
10771
10825
M81
10868
10922
10976
11031
11086
11142
11198
11254
11310
11366
M82
11411
11468
11525
11583
11640
11699
11757
11816
11875
11934
M83
11982
12041
12102
12162
12223
12284
12345
12407
12469
12532
M84
12581
12643
12707
12770
12834
12898
12963
13027
13093
13158
65