Loading...
HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC 1 (2001-2004)A-2001-219 2001-2004 MEMORANDUM OF UNDERSTANDING CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO FOR FISCAL YEARS 2001-02 THRU 2003-04 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX RECOGNITION 5 NON-DISCRIMINATION CLAUSE 6 ATTENDANCE, WORKDAY & WORKWEEK 7 SALARIES 9 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 15 OVERTIME 26 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 30 HOLIDAYS 33 VACATION 36 OTHER LEAVES OF ABSENCE 39 EMPLOYEE INSURANCE 45 RETIREMENT 47 TOOL REIMBURSEMENT POLICY 49 UNIFORM MAINTENANCE 50 SAFETY 51 RESIDENCY 52 GRIEVANCE REVIEW PROCEDURE 53 UNION RIGHTS 55 DUES DEDUCTION & INDEMNIFICATION 63 CITY RIGHTS 65 STRIKES & WORK STOPPAGES 67 LAYOFFS 68 MISCELLANEOUS PROVISIONS 70 SOLE & ENTIRE AGREEMENT 74 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 75 EMERGENCY WAIVER PROVISION 76 SEPARABILITY PROVISION 77 TERM OF AGREEMENT 78 RATIFICATION & EXECUTION 79 2 TABLE OF CONTENTS (Contd) ARTICLE SUBJECT PAGE EXHIBIT A EXHIBIT B EXHIBIT C BASIC SALARY & WAGE SCHEDULE ASSIGNMENT OF CLASSES REPRESENTED BY SANTA ANA CITY EMPLOYEES CHAPTER 1939 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO RESOLUTION NO. 81-75 81 83 89 SUBJECT TABLE OF CONTENTS (Cross-referenced in Alphabetical Order) ARTICLE PAGE ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES ATTENDANCE, WORKDAY & WORKWEEK CITY RIGHTS DUES DEDUCTION & INDEMNIFICATION EMERGENCY WAIVER PROVISION EMPLOYEE INSURANCE GRIEVANCE REVIEW PROCEDURE HOLIDAYS LAYOFFS MISCELLANEOUS PROVISIONS NON-DISCRIMINATION CLAUSE OTHER LEAVES OF ABSENCE OVERTIME RATIFICATION & EXECUTION RECOGNITION RESIDENCY RETIREMENT SAFETY SALARIES SEPARABILITY PROVISION SOLE & ENTIRE AGREEMENT STRIKES & WORK STOPPAGES TERM OF AGREEMENT TOOL REIMBURSEMENT POLICY TRAINING & EDUCATIONAL ASSISTANCE PROGRAM UNIFORM MAINTENANCE UNION RIGHTS VACATION WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT EXHIBITS: ASSIGNMENT OF CLASSES REPRESENTED BY SANTA ANA CITY EMPLOYEES CHAPTER 1939 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO BASIC SALARY & WAGE SCHEDULE RESOLUTION NO. 81-75 ARTICLE V ARTICLE III ARTICLE XX ARTICLE XIX ARTICLE XXVI ARTICLE XI ARTICLE XVII ARTICLE VIII ARTICLE XXII ARTICLE XXIII ARTICLE II ARTICLE X ARTICLE VI ARTICLE XXIX ARTICLE I ARTICLE XVI ARTICLE XII ARTICLE XV ARTICLE IV ARTICLE XXVII ARTICLE XXIV ARTICLE XXI ARTICLE XXVIII ARTICLE XIII ARTICLE VII ARTICLE XIV ARTICLE XVIII ARTICLE IX ARTICLE XXV EXHIBIT B EXHIBIT A EXHIBIT C 15 7 65 63 76 45 53 33 68 70 6 39 26 79 5 52 47 51 9 77 74 67 78 49 30 5O 55 36 75 83 81 89 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana City Employees Association, Chapter 1939/Service Employees International Union Local 347, AFL-CIO (hereinafter called the "Union") as the recognized representative of the bargaining unit which includes all full-time personnel employed by the City of Santa Ana in classifications listed in Exhibit B of this Agreement. 1.2 During the term of this Agreement, no substantive issue of representation shall be raised contrary to this Agreement except as provided in Resolution No. 81-75, the Employer- Employee Relations Resolution of the City of Santa Ana. ARTICLE II 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and the Union agree that they shall not discriminate against any employee because of race, color, sex, age, national origin or alienage, sexual orientation, political or religious opinions or affiliations, or union membership, and that all jobs are open to males and females. The City and the Union 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. ARTICLE III 3.0 ATTENDANCE, WORKDAY & WORKWEEK 3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work during hours prescribed by the Department Head or his/her designee(s) and shall not absent themselves without approval of the Department Head or his/her designee(s). 3.2 Hours of Work. Eight (8) hours of work shall constitute a normal day and forty (40) hours of work shall constitute a minimum workweek, except for employees for whom special regulations have been approved by the City Manager. 4/10 Work Schedule for Communit~ Preservation Inspectors, Police Records Employees, and Selected Fleet Services Emulovees. The Department Head, with the approval of the City Manager, may assign the above-referenced employees to a workweek consisting of four (4) ten (10) hour days with an additional one-half (1/2) or one (1) hour for unpaid lunch as negotiated with the Union. The assigned employee shall work four (4) ten (10) hour days and shall have three (3) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three (3) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of ten (10) hours. 3/11.5, 1/5.5 Work Schedule For Detention Records Employees. The Department Head, with the approval of the City Manager, may assign these employees to a workweek consisting of three (3) eleven and one-half (11.5) hour days and one (1) five and one-half(5.5) hour day, with an additional forty-five (45) minutes for unpaid lunch as negotiated with the Union. The assigned employee shall have three and one-half (3.5) consecutive days offin a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three and one-half (3.5) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of either eleven and one- half (11.5) hours or five and one-half (5.5) hours. It is the intent of the parties that no additional paid time off shall be gained or lost as a result of the implementation of either the 4/10 or the 3/11.5, 1/5.5 work schedules. The City reserves the right to abandon either the 4/10 or the 3/11.5, 1/5.5 work schedules for these employees if, in the opinion of the concerned Department Head and the City Manager, either the 4/10 or the 3/11.5, 1/5.5 work schedules has not produced the desired results. If this right is exercised, however, the City and SEIU shall meet and confer in good faith prior to abandoning either of these work schedules. The Water Production staff will work an eight (8) hour day shift covering Monday through Friday. Employees will be required to take a 30 minute unpaid lunch break during the shift. ARTICLE IV 4.0 SALARIES 4.1 4.2 4.3 Basic Compensation Plan. There is hereby established a basic compensation plan for all full- time personnel who are now employed or will in the future be employed in any of the designated classifications of employment represented by the Union as listed in this Agreement and its attachments. Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit "A," and made a part hereof as though set forth in full herein, provides numerous salary rate ranges, each comprised of six (6) steps or rates of pay. The respective rate ranges are identified by a three digit number. The steps within each range are identified by the letters "AA" through "E" inclusive, with Step "AA" being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range are set forth in Exhibit "A." The assignment of classes to salary rate ranges is listed in Exhibit B, which is attached and made a part hereof as though set forth herein. Salaries. Effective November 1, 2001, the base salaries of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4%). For each bargaining unit employee employed with the City as of October 1,2001, the City shall pay a one-time lump sum contract signing incentive of $700, by separate vendor check. Said check will be issued no later than December 5, 2001. Effective July 1, 2002, the base salaries of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4%). Effective July 1, 2003, the base salaries of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4%). By previous Agreement, employees designated as CalPERS Miscellaneous contributed one percent (1%) of their salary towards the cost of the 2% at 55 retirement benefit by taking a deduction in pay of two (2) salary rate ranges. This deduction is hereby eliminated, effective November 1,2001. 4.4 Application of Basic Compensation Plan. The salary rate ranges contained in Section 4.2 and Exhibit "B" are monthly salary rate ranges. All employees working in classifications of employment covered by this Agreement shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of his or her employment. The regular rate of pay shall be computed as provided for by the Fair Labor Standards Aet (FLSA). Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate by 173.33. In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in an even one-half cent shall fix the rate at the next higher whole cent. 4.5 Probation. The probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) and six (6) months from the date of appointment from a promotional eligible list. 4.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as Step "AA" in the salary rate range allocated to the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional educational training and/or experience qualifications, the Department Head, under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "A," "B," "C," or "D" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. 4.7 Service. The word "service" as used in this Agreement shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in a higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1 st) working day of the month shall not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purposes of this Agreement, and such employee reentering the service of the City shall be considered as a new employee, except when he or she is being or will be reappointed within one (1) year and placed in the same salary step in the appropriate salary rate as he or she was at the time of termination of employment. "Resignation, quit, or discharge" for purposes of this section shall mean separating from full- time City employment altogether, not leaving one position to accept appointment to another 10 4.8 position in an unrelated classification outside the career ladder. Advancement Within Ranges. Length of Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "AA" to Step "A," from Step "A" to Step "B," from Step "B" to Step "C," or from Step "C" to Step "D," whichever is the next higher step to that on which the employee has been previously paid, effective the frrst day of the month following the date of completion of the length of service required for such advancement as provided in Section 4.2 and Exhibit A hereof. Merit Advances. An employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 4.2 and Exhibit A hereof; the effective date of such merit increase, if granted, shall be on the first (1st) day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: There shall be on file in the office of the Executive Director of Personnel Services a copy of each periodic performance appraisal report required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. The Department Head, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Department Head as to such recommendations and of the reasons therefore. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Sectionl 0 of this Article. Length of Service Required When Advancement Denied. When an employee has not been approved for advancement to merit Step "E," he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) 11 months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subparagraph B (2) and (3) of this section. 4.9 4.10 4.11 4.12 Reduction in Salary Steps. Any employee who is being paid at merit Step "E" may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Department Head, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 4.8 above, and such employee may be considered for readvancement under the same provisions as contained in Subsection C of Section 4.8 above. Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "AA" in the appropriate salary rate range for the higher classification; provided, however, that if the base salary step currently being paid such employee is already equal to or higher than said Step "AA," he or she will be placed in the lowest step in the appropriate salary rate range as will grant that employee a minimum increase of one (1) salary step (approximately 5%) over his or her current base salary step, inclusive of lead pay, and exclusive of any other assignment or special pay additive or additives such as bilingual pay, shift differential, special skill pay or the like, except when placement at "E" step will not be sufficient to provide a one (1) salary step (approximately 5%) increase. Demotion. When an employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) salary step (approximately 5%). B. The new salary rate must be within the appropriate salary rate range. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions in Section 4.9 above. Reallocation of Salary Rate Ranges. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held 12 in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 4.13 Request for Classification Review. Any employee who, for a continuous period exceeding six (6) months, believes he or she is regularly and consistently performing duties and/or responsibilities not in conformance with their classification concept or, duties and/or responsibilities of another classification, may request a classification review of their position through their supervisor to the Department Head. The employee must submit their request on a form specified by the Executive Director of Personnel Services, outlining in writing how they believe their current duties and/or responsibilities differ from their classification concept. The Department Head will review the employee's submitted request and within sixty (60) days will make one of the following determinations: 1. Will support the employee's request. If the Department Head supports the employee's request for a classification review, he or she will forward the request to the Executive Director of Personnel Services along with justification for support of the employee's request. The Department Head will notify the employee that his or her request has been submitted to the Executive Director of Personnel Services. 2. Will not support the employee's request. If the Department Head does not support the employee's request for a classification review, he or she will notify the employee of this decision in writing and set forth the basis for the decision. If the Department Head does not support the employee's request, but agrees that some of the duties and/or responsibilities being performed by the employee are those ora higher level City classification, he or she can do the following: Return the employee to performance of the duties and/or responsibilities of their proper classification. Eliminate the higher duties and/or responsibilities being performed by the employee, for which the City has agreed are those for which it will provide higher compensation. 13 Any employee request for classification review approved by the Department Head will be forwarded to the Executive Director of Personnel Services. The Executive Director of Personnel Services will confirm receipt of the request in writing to the employee. Within sixty (60) days of receipt of the request, the Executive Director of Personnel Services will notify the employee and Department Head of the decision as to whether a study will be conducted. If the Executive Director of Personnel Services determines that a study is appropriate, the Executive Director of Personnel Services will so notify the employee and the Department Head in writing and will provide the employee and Department Head with an approximate start date for the study. All determinations of the Department Head and the Executive Director of Personnel Services are final. All studies and study findings will require City Manager approval before proceeding. All recommendations resulting from study findings require the approval of the City Council and will be implemented in accordance to the City's Civil Service rules. 14 5.1 ARTICLE V 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES Assignment Pay Differential. Effective November 1, 2001, assignment pay differentials, as listed herein and throughout the contract, will, in each case, be added individually and separately to the employee's base salary. In no event shall one assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. Incumbents in the classes of Senior Office Assistant, Secretary, Executive Secretary, or Planning Commission Secretary who are assigned by a Department Head, with the prior approval of the City Manager, to a position requiring the ability to take dictation at a rate of 70 words per minute or better on a regular basis or as an essential or integral element of the work of the position, will be paid a monthly differential of sixty dollars ($60) above his or her base monthly salary step for each full month of such assignment. Incumbents in the classes of Park Maintenance Worker and Park Maintenance Leader who are continuously and regularly assigned to perform, either on a full-time or half- time basis, duties as a Park Maintenance Planner-Scheduler, will be paid an assignment pay differential at a rate set above their then current base monthly salary step in accordance with the following schedule: twenty (20) salary rate ranges (approximately 10%) for full-time assignment; ten (10) rate ranges (approximately 5%) for half-time assignment. An incumbent in the class of Senior Office Assistant who is continuously and regularly assigned to operate and who actually operates, a two-way radio communications base station, will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. Incumbents in the classes of Fleet Equipment Technician II and III who are assigned to perform repair and maintenance on fire apparatus on a continuous and regular basis, who possess a California State Certification of Fire Mechanic Level I or Level II, will be paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5%), respectively for each certification, above their then current base monthly salary step. Incumbents in the classes of Fleet Equipment Technician I, II and III who are assigned to perform repair and maintenance on emergency response vehicles, excluding fire apparatus, on a continuous and regular basis who possess a nationally 15 5.2 recognized certification for Emergency Vehicle Technician Level I or Level II, will be paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5%), respectively, for each certification, above their then current base monthly salary step. Personnel in the classes of Fleet Equipment Technician I, II, III, and Fleet Equipment Supervisor, who maintain a valid State of California Commercial Driver's License and are assigned to an area that requires the possession of either a Class "A"or Class "B" license in the course and scope of their work shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step. Personnel in the class of Park Maintenance Worker who are regularly and continuously assigned to and actually performing park mowing duties using heavy mower equipment, will be paid at a rate set twenty (20) salary rate ranges (approximately 10%) above their then current base monthly salary step. Personnel in the class of Park Maintenance Worker who are regularly and continuously assigned to and actually performing duties as a utilities coordinator will be paid at a rate set twenty (20) salary rate ranges (approximately 10%) above their then current base monthly salary step. Personnel in the class of Park Maintenance Worker who are regularly and continuously assigned to and actually performing duties as an irrigation technician will be paid at a rate set twenty (20) salary rate ranges (approximately 10%) above their then current base monthly salary step. Personnel in the class of Park Maintenance Worker who are regularly and continuously assigned to and actually performing duties as a pesticide operator will have the oppommity to enm up to fifteen (15) salary rate ranges (approximately 7.5%) above their then current base monthly salary step for acquisition of the following: Department of Food & Agriculture Qualified Applicator License = approximately 2.5%; Certificate in Ornamental Horticulture: approximately 5%. Personnel in the class of Park Maintenance Worker who maintain a valid Certified Pool Operator license and who are assigned to and actually performing duties as an aquatics technician shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step. Lead Par. An incumbent who is regularly and continuously assigned to lead a functional unit which includes two (2) or more positions in the same or lower classifications as the incumbent may be compensated for said duties upon mutual agreement of the City and SEIU and approval of the Department Head and the Executive Director of Personnel Services. 16 5.3 This compensation shall be referred to as "lead pay." In addition, incumbents in the following classifications who are regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step: Buyer, Customer Services Representative, Equipment Operator-Motor Sweeper, Information Services Representative, Librarian, Library Services Assistant, Parking Meter Technician II, Senior Systems Administrator, Graphics Designer II, Senior Accounting Assistant, Housing Specialist II, Senior Librarian, Workforce Specialist II, and Workforce Specialist III. An incumbent in the class of Custodian who is regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. Bilingual Pay. An employee who is assigned by a Department Head or their designee to a position requiring bilingual capability in both English and either Spanish, Samoan, 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: Certification by the Executive Director of Personnel Services as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capacity. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, will be designated as Primary Bilingual Assignments. Effective November 1, 2001, a qualified incumbent of such position will be paid a monthly differential of one hundred fifty dollars ($150) above his or her then current base monthly salary step. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, will be designated as Secondary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly differential of forty dollars ($40) above his or her base monthly salary step for each full month of such assignment. The number of such Primary and/or Secondary Bilingual Assignments shall be no larger than the requirements of the department as determined by the Department Head and the City Manager. 17 5.4 E. There shall be periodic recertification of such bilingual capability. Shift Differential. Generally. An employee in a class represented by the Union who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 1/2) hours between the hours of 5:00 p.m. and 7:00 a.m., will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step; except, however, such shift pay differential shall not be applicable to employees in the classification of Park Ranger and Supervising Park Ranger. Library Department Employees. Library Department employees hired prior to December 1, 1987, who work evening shifts until closing time, but who are not otherwise eligible for shift differential as provided under Subsection A above, shall receive, as special shift pay, an amount equal to one-half(I/2) of one hour's pay for each day they work an evening shift until closing time. Said special shift pay shall be computed on the hourly equivalent of the base monthly salary step. Such half- hour's pay shall not be counted toward the computation of overtime. Such special library shift pay differential shall not be applicable to library employees hired on or after December 1, 1987. Early Mornine Street Crews. A Street Maintenance employee who is assigned to traffic painting or downtown cleanup crews who is continuously and regularly assigned to a schedule of work which requires that he or she actually work at least fifty percent (50%) of his or her normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m., will be paid a shift differential for his or her entire work shift at a rate set ten (I0) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step. Park Maintenance Worker. Employees in the class of Park Maintenance Worker who are regularly and continuously assigned to a schedule of work which requires that they actually work a minimum of two (2) weekend night shifts (4 1/2 hours) between the hours of 5:00 p.m. and 7:00 a.m.) as part of his or her regular five (5) day work schedule, will be paid a special night shift differential of five (5) salary rate ranges (2.5%) above his or her then current base monthly salary step. Standby Pay. Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Effective no later than the first (1 st) day of the second (2nd) payroll period following Council approval, such 18 5.5 employees shall receive two hundred dollars ($200) per week when assigned to be on standby duty. Water Production, Water Maintenance, Public Works Maintenance, Building Maintenance, and Information Services Division staff shall be required to serve on standby duty and receive standby pay as defined above. The City's preference will be to accomplish the above through volunteers; however, qualified employees may be directed to be on standby if the number of volunteers is insufficient. In addition to the $200 per week Standby Pay, if an employee is able to handle the incident by phone or other electronic means without reporting to duty, he shall be entitled to overtime pay at the rate of 15 minutes or actual time spent per incident whichever is greater, paid at time and one-half (T 1/2) per incident. Temporary U~orade Assienment Pay. In order to provide an equitable method of compensating employees who are assigned temporarily to a vacant, full-time, budgeted, higher-level position the following shall apply: A General Guidelines Temporary Upgraded Assignments shall be limited to the temporary filling of vacant, full-time, budgeted positions due to the termination, promotion or authorized long-term absence of the incumbent. A temporarily vacant position need not be a position without an incumbent. Each such assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred eighty (180) days of such assignment. Prior to recommending to the City Manager that a pay differential for a Temporary Upgrade Assignment be granted, the Department Head shall make the following determinations: The duties and responsibilities of the position to be filled are of such nature that they cannot remain unassigned pending the return to duty of the absent incumbent or preparation of an eligible list whichever is applicable. It is not practical to assign the duties of the vacant position to any other employee or employees in the same or higher classification. The City Manager or his designee must give written approval of all Temporary Upgrade Assignments involving an increase in pay for the 19 appointee. Eligibility. 1. With the exception of those described in paragraph 3 below, regular, full-time employees shall receive Temporary Upgrade Assignment Pay if the following criteria are met: The work assumed encompasses the majority of the typical duties and responsibilities of the vacated position. Employees must serve ten (10) consecutive working days of eight (8) hours each, or eight (8) consecutive working days often (10) hours each for employees working an alternative work schedule, in an acting capacity to qualify for assignment pay. A permitted absence of two (2) days or less during such ten (10) day period shall not be deemed to void such consecutive service; however, the days of absence shall not be counted in the computation of such ten (10) day requirement. In computing qualifying service rendered, only full days of actual duty shall be included, and partial days shall not be combined to make full days tmless they are normally granted holiday hours. Normally granted holidays will be included in computing actual duty days. Whenever practicable, the appointing authority shall rotate Temporary Upgrade Assignments among all qualified employees. Employees in the following categories shall not be assigned to Temporary Upgrade work unless specifically authorized by the City Manager: Non-permanent employees (Probationary, Part-time, Seasonal, etc.). Employees performing work above their regular class in a training capacity. Payment. On the eleventh (1 lth) consecutive working day an employee has been serving in a Temporary Upgrade Assignment, and for each additional consecutive working day the employee so serves, he or she shall receive the 20 5.6 5.7 beginning rate (Step "AA") assigned to the higher classification or the lowest rate in that range which is at least ten (10) salary rate ranges (approximately 5%) higher than the current base salary rate he or she normally receives, (inclusive of lead pay and exclusive of any other assignment or special pay additive or additives) whichever is greater, except when placement at '.'E" step will not be sufficient to provide the ten (10) salary rate range increase. If an employee has worked ten (10) consecutive days during the term of this Agreement in a higher classification, the employee shall thereafter receive upgrade pay for each day the employee is assigned to work in the higher classification during the term of this Agreement. Employees must requalify for an upgrade (Temporary Assignment) if the employee has not worked in · this specific upgrade assignment for a period of 18 consecutive months. The employee shall only be considered to work in a higher classification if such work is duly and specifically authorized by the employee's Department Head. Assignment or special pay additives, such as bilingual pay, shift differential, special skill pay, etc., paid to an employee prior to becoming eligible for Temporary Upgrade Assignment Pay, will not be considered in computing the amount of higher pay to which he or she is entitled in Subparagraph 5.5C above. If the special circumstances upon which said additive is based are also applicable to the Temporary Upgrade Assignment and the employee remains eligible for such pay while in the temporary upgrade position, this amount will be added to the new salary rate range. Temporary Upgrade Assignments which entail moving an employee into a classification represented by an employee unit other than that which represents his or her permanent classification shall not include any change in fringe benefits for the affected employee. While working in a Temporary Upgrade Assignment, an employee will continue to accrue, and have recorded, general, special or normal salary step increases in the employee's permanent position; however, such salary increases will be paid only to maintain the minimum five percent (5%) differential above the salary to which an employee is entitled in his or her permanent position. All assignments of personnel to positions set forth in Sections 5. 1 through 5.4 above shall be made or revoked at the discretion of the Department Head. Career Development Incentives. Employees hired in a classification which requires an International Conference of Building Officials (ICBO) or other certificate as a prerequisite to hiring, either upon appointment or by the time of the employee's passage of probation 21 ("regular appointment"), shall not be eligible for career incentive pay for that prerequisite certificate. However, they will be eligible for career incentive pay for any other certificates approved for their classification. In no event shall the application of this Career Development Incentive Program result in an individual being eligible to earn more than twenty-five (25) salary rate ranges (approximately 12.5%) above his or her current monthly base salary step. An incumbent in one of the classes listed below will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step for each of the following: valid registration as a Registered Engineer by the State of California and valid registration as a Structural Engineer by the State of Califomia (a total of twenty (20) salary rate ranges (approximately 10%) for possession of both). Additionally, said incumbents who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of accessibility/usability (one specialty area), residential energy plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%) ranges. O O O O O O O O O O O Assistant Engineer I Assistant Engineer II Senior Assistant Engineer Associate Engineer Assistant Engineer - Transportation (T) Associate Engineer - Transportation (T) Assistant Plan Check Engineer I Assistant Plan Check Engineer II Senior Assistant Plan Check Engineer Associate Plan Check Engineer Transportation Analyst An incumbent who was employed as of August 16, 1991 in the class of Plan Examiner (T), Assistant Plan Check Engineer I or II, Senior Assistant Plan Check Engineer, Associate Plan Check Engineer and who, as of December 31, 1987, had possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base salary step. However, effective January 1, 1988, said ten (10) range differential shall be reduced to five (5) salary rate ranges (approximately 2.5%) for any incumbent of said classes who is issued his or her initial certificate on or after 22 January I, 1988. An incumbent in one of the classes listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of building inspection, electrical inspection, mechanical inspection, plumbing inspection, combination dwelling inspection, plan examining, accessibility/usability (one (1) specialty area), residential energy plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). 0 0 0 0 0 0 0 Building Inspector o Electrical Inspector o Plumbing Inspector o Combination Building Inspector o Building Technician Plan Examiner o Senior Plumbing and Mechanical o Systems Specialist Senior Building Inspector Senior Electrical Inspector Senior Plumbing Inspector Senior Combination Building Inspector Plan Examiner (T) Electrical Senior Electrical Systems Specialist Incumbents in the classes off 0 0 0 0 0 0 Community Preservation Technician Community Preservation Inspector Senior Community Preservation Inspector Community Preservation Inspector II (T) Building Inspector* Senior Building Inspector* who possess a valid certificate issued by the ICBO (or similar nationally recognized certification organization) in the areas of building inspection, plumbing inspection, electrical inspection, combination dwelling inspection, mechanical inspection, plans examiner, zoning inspection, and property maintenance and housing inspection; code enforcement officer (comprised of housing and zoning certificates-these two shall count as one specialty area certificate);** who possess a valid certificate issued by the International Association of Electrical 23 who possess a valid certificate issued by the Intemational Association of Electrical Inspectors (IAEI) in the area of electrical inspection for one and two family dwellings; additionally, incumbents who possess a valid certificate issued by the ICBO in electrical inspection by June 30, 1998, may substitute this for electrical inspection certification from IAEI; who have successfully completed City approved training in PC 832 (the exercise of powers of arrest and communications), Basic Certification by the Southern California Association of Code Enforcement Officials (consisting of the five (5) following courses: Field Activities, Legal Aspects, Administrative, Community Relations and Community Development); shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); An additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); An additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); An additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); An additional certificate from a fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). If assigned to Community Preservation, employees in these classes will be eligible only for those incentives identified in either Section 5.7D exclusively or Section 5.7C exclusively. Effective July 1,2001, employees who have been receiving compensation for code enforcement officer (comprised of housing and zoning certificates) shall continue to receive said compensation. An incumbent in one of the classes listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of reinforced concrete, structural masonry, structural steel/welding, electrical inspection, plumbing inspection, plans examiner, or C27 landscape contractors license, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional 24 Go (approximately 10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). Construction Inspector I Construction Inspector II An incumbent in the class listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of plumbing inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass management, or certified arborist (ISA), shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). o Contracts Administrator An incumbent in one of the classes listed below who possess a valid certificate issued by the International Society of Arboriculture (ISA) as a certified arborist shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. 0 0 0 0 0 0 Projects Manager Tree Maintenance Supervisor Tree Trimmer Maintenance Worker II (assigned to the tree crew) Public Works Projects Specialist Landscape Development Associate An incumbent in the class listed below who possesses a valid certificate issued by the International Society of Arboriculture (ISA) as a certified Tree Worker shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. o Maintenance Worker II (assigned to the tree crew) 25 ARTICLE VI 6.0 OVERTIME 6.1 General Policy for Overtime Work. When it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Department Head, or a duly authorized representative of the City Manager or the Department Head, may require an employee to perform overtime work. 6.2 Definition. Overtime work is defined as: 6.3 6.4 That authorized or required time worked in excess of the normal workday, tour of duty, or workweek schedule for the particular class and organizational unit of an employee. A workweek is a fixed and regularly recurring period of 168 consecutive hours - 7 consecutive 24-hour periods - as designated by the appointing authority. An employee's work schedule within the workweek shall not be changed to avoid payment of overtime; provided, however, nothing shall abridge management's right to establish and change work schedules and assignments in accordance with the rights of management contained in Article XX, infra. Work on observed holidays or work on any regularly scheduled non-work day of which there shall be two (2) per week, if work on any regularly scheduled non-work day is worked at management's direction. Computation of Forty (40) Hour Workweek. In computing the forty (40) hour workweek, the following type of work hours shall be included in the computation: actual work time, holiday leave, jury/witness leave, sick leave and bereavement leave. Any combination of these work hours in excess of eight (8) hours per day or forty (40) hours per week shall entitle the employee to overtime compensation. However, paid time off for vacation leave, all unpaid leave, compensatory time off, Union President's Leave and Union Business Leave shall not be credited towards the forty (40) hour workweek, unless the employee is required to work by management. Compensation for Overtime. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (1 1/2) times the employee's regular rate of pay, subject to the provisions of Subsection "C" below. Should the Department Head determine that the best interests of the City will be served thereby, he or his designee may permit an employee to be compensated for 26 6.5 6.6 overtime work by taking paid compensatory time off at the rate of one and one-half (1 1/2) times the employee's regular base rate of pay. Employees shall have the option to convert a maximum of eighty (80) hours of time and one-half (T 1/2) paid overtime (in compensation for 53 1/3 overtime hours worked) to time and one-half (T 1/2) compensatory time off benefits. Such compensatory time off shall be taken at the discretion of the employee subject to the operational needs and staffing requirements of the department. Time off with pay to compensate for overtime worked may be accumulated to a maximum of eighty (80) hours. Because each hour of overtime worked is programmatically accrued on a time and one-half (T 1/2) basis, compensatory time off will be taken, and monetary payment will be paid, on a straight-time basis. Also, upon termination, any earned, unused compensatory time off ("time-on-the-books") will be paid on a straight-time basis. Time off with pay to compensate for overtime worked may be taken in increments as small as a half (1/2) hour. If compensatory time off is used in excess of that available, such excess compensatory time off will, first, be deducted from any available vacation benefits; finally, deducted from the next scheduled wage or salary payment. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. Upon an employee' s appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement), holidays, vacation accrual, sick leave accrual and employee insurance benefits), toward the completion of probationary period, nor to progression within salary rate range. Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so, 27 the Department Head or his or her designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among employees of like classification and assignment. 6.7 Call-Back Duty. Any employee covered by this Agreement who is recalled to active duty from off-duty, shall be entitled to overtime pay at the rate of one and one-half (1 1/2) times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater. 6.8 Declaration of State of Emergency. Upon the occurrence of fire, flood, earthquake, strike, riot or other catastrophe or emergency which directly affects city operations or the welfare of the City's citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all regular full-time employees of the City to work overtime or off-shift as he shall determine, to protect life and property within the City. 6.9 Applicability of Fair Labor Standards Act. The parties agree that if the applicability of the Fair Labor Standards Act to local governmental entities is eliminated by either legislative or judicial action, they shall meet and confer regarding any proposed changes to this Agreement; however, no such changes shall be made except on mutual agreement. 6.10 Court Appearance. Compensation for court appearance by employees covered by this Agreement shall be as follows: For each required court appearance made by an employee during his or her off-duty time in regard to City business, said employee shall be paid overtime for the period of time from their arrival at court until they are released from court or the court session closes for that day. However, in no case shall an employee receive less than two (2) hours overtime for a court appearance. If separate court appearances are made both in the morning and afternoon of a particular day, a minimum of two (2) hours overtime will be allowed for each session attended. If the employee is not released from a morning session and must remain available for afternoon court, the employee shall be paid overtime for all hours the court is in session that day. The employee must provide a copy of the subpoena requiring his or her attendance to initiate payroll procedures. A subpoenaed employee scheduled to appear in court on City business during off- duty time may be placed on standby status by the Department Head or his or her authorized representative if the employee can respond to the court, if called, within 60 minutes of the employee's notification. In the event such off-duty employee is on standby status during any court session and is not required to appear in court, such employee shall be compensated two (2) hours on a straight time basis, for each said 28 court session. Such employee may elect, in lieu of paid time, two (2) hours of comp time off for standby time and not appearing in court, with the approval of the Department Head. If such off-duty employee on standby actually appears in court, he or she shall be compensated as provided in Subsection A, supra. 29 ARTICLE VII 7.0 TRAINiNG & EDUCATIONAL ASSISTANCE PROGRAM 7.1 Purpose. 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. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 7.2 Eligibility. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G.I. Bill, scholarships, etc. Applications will be approved only for courses directly related to the employee' s j ob or directly related to a promotional position in the employee's occupational specialty. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his or her job, may be reimbursable only after all required occupationally related courses have been completed. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of a Board of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Personnel Services Department. 30 G. When an employee is required by his or her Deparmaent Head to attend a particular course or seminar, the expense shall be borne entirely by the department. 7.3 Reimbursement. 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. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions: That a duplicate of the required text(s) was unavailable for loan from the departmental libraries prior to the commencement of coursework; That any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees. Maximum tuition reimbursement is one thousand five hundred seventy-five dollars ($1,575) per fiscal year, which the employee may claim either as costs are incurred during the year or as one lump sum. 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 (I) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit. 7.4 Procedures. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance form and submit it to his or her Department Head prior to the commencement of class(es) or the payment of fees for registration/tuition. The Department Head will recommend approval or disapproval based on established criteria and budgetary constraints and then forward the application to the Executive Director of Persounel Services. The Executive Director of Personnel Services or his designee will approve or disapprove the application for the City Manager. One copy will be returned to the employee and the duplicate will be retained by the Personnel Services Department. It is advisable that the applicant accomplish the procedure so far described in order 3l 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. The employee will submit his or her copy of the approved application to the Personnel Services Department within three (3) months after he or she has completed the course and received his or her final grade. Such employee 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. Upon receipt of the application and required documentation, the Personnel Services Department will determine whether the completed course of instruction is compatible with the provisions of this Article and will compute the amount of reimbursement, authenticate the application and forward it to the employee's Department Head. The Department Head will then authorize the Finance & Management Services Department to reimburse the employee the approved amount out of the budget of the department concerned. 32 8.1 ARTICLE VIII 8.O HOLIDAYS Legal holidays observed by full-time permanent and probationary employees of the City of Santa Ana are as follows: o January 1 - New Year's Day. o Third (3fa) Monday in January - In observance of Martin Luther King, Jr.'s Birthday. o Third (3rd) Monday in February - In memory of George Washington's Birthday. o Last Monday in May - In commemoration of Memorial Day. o July 4th - In observance of Independence Day. o First (1st) Monday in September - In observance of Labor Day. o November 11th - In observance of Veteran's Day. o Fourth (4th) Thursday in November - In observance of Thanksgiving Day. o The Friday immediately following Thanksgiving Day. o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. o December 25th - In observance of Christmas Day. o One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. o Every day proclaimed by the Mayor of the City as a holiday for City employees. o Any holiday which falls on a Sunday will be observed on the following Monday. o Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. 33 8.2 8.3 8.4' 8.5 Holidays - Shift Personnel. Full-time employees whose regularly scheduled days off are other than Saturday and Sunday shall be entitled to receive twelve (12) working days offduring the year in lieu of the holiday benefits specified in Section 8.1 above. However, employees with alternative work schedules in the Community Preservation, Police Records, Detention Records and Fleet Services Divisions shall be credited with 96 hours of Holiday Time at the beginning of every calendar year in lieu of twelve (12) holidays in the year. If any employee in the above classification separates from employment prior to December 31 of any year and has exhausted 96 hours of holiday time, the value of hours not yet accrued but used shall be deducted from the final paycheck. Said substitute holidays may be scheduled by the Department Head or his or her designee, normally during the same month that the holiday is observed by other City employees. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to his or her service at full pay in such capacity during the year. Modified Holiday Schedule - Library Employees. Full-time employees assigned to the Library Department shall, during the term of this Agreement, observe holidays on the dates specified in Section 8.1 above. A newly appointed employee must actually work at least one (1) day preceding the day a holiday listed in Section 8. I, supra, actually occurs in order to receive credit for such holiday during the month in which it occurs. An employee separating from the service of the City must actually work at least one (1) day following the day a holiday listed in Section 8.1, supra, actually occurs in order to receive compensation for the holiday. A newly appointed employee must complete six (6) months of continuous full-time service in order to receive credit for the Floating Holiday listed in Section 1 above. Holiday time offmay be only be taken in increments of eight (8) hours. Effective January 1, 1996, employees assigned to the 4/10 plan in the Community Preservation Division of the Planning & Building Agency must use their holidays in ten (10) hour increments. Effective July 1, 1998, employees assigned to the 4/10 plan in the Fleet Services Division of the Finance & Management Services Agency or in the Police Records Division of the Police Department must use their holidays in ten (10) hour increments. Effective April 1, 2000, employees assigned to the 3/11.5, 1/5.5 plan in the Detention Records Division of the Police Department must use their holidays in 11.5 hour increments. 34 8.6 Holiday benefits may not be carried over from one (1) calendar year to the next. 35 9.1 9.2 ARTICLE IX 9.0 VACATION 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. Regular Vacation Period. Regular vacation with pay is granted to each full-time permanent or probationary employee, at the rate of fifteen (15) working days for each completed year of service, accrued at the rate often (10) working hours for each completed month of service. Employees hired after August 9, 1979, shall be granted regular vacation at the rate often (10) working days for each of his or her first and second completed year of service, accrued at the rate of six and two4hirds (6 2/3) hours for each completed month of service. Thereafter, all such employees shall be granted regular vacation at the rate of fifteen (15) working days for each completed year of service accrued at the rate often (10) working hours for each completed month of service. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he or she has completed six (6) months of continuous service. On or after the first (1s) day of the month following completion of six (6) months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor. Vacation time offmay be taken in increments as small as one-half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half (1/2). Upon completion of two (2) years of continuous service, each employee must take at least five (5) consecutive working days of vacation each year thereafter. F. Computation of Regular Vacation. 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 36 9.3 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 Department Head, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. No employee may carry over from one (1) calendar year to the next, more than the equivalent of two (2) regular vacation periods from the previous two (2) years, and vacation not taken beyond that amount 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. No employee shall have a right to accumulate or split his or her vacations, but the same may be allowed or required by the Department Head. The time at which an employee shall take his or her vacation shall be determined by the department head, with due regard for the wishes of the employee and particular regard for the needs of the service. Longevity Vacation. Each permanent 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. Hourly Equivalent Completed Years Additional Days of Additional Days 6 1/2 4 7 1 8 8 1 1/2 12 9 2 16 10 2 1/2 20 11 3 24 12 3 1/2 28 13 4 32 14 4 1/2 36 15 5 40 16 6 48 17 7 56 18 8 64 19 9 72 20 10 80 37 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 often (10) working days (80 hours) of longevity vacation for each completed year of service in excess of twenty (20) years. A period of earlier services 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 layoffwithin one (1) year. Leave of absence without pay, as provided in Article X, Section 10.1E (Sick Leave - Extended), Article X, Section 10.8 (Authorized Absence Without Pay - Long Term) and Article XXIII, Section 23.3 (Catastrophic Leave) 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 (400 hours) in any one year by any combination of the vacations granted in these rules and regulations. Further, no employee may carry over from one (1) calendar year to the next more than the equivalent of one (1) longevity vacation period and the equivalent of one (1) regular vacation period from the previous two (2) years and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) years service could accumulate is thirty (30) working days (240 hours) and only an 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 Excess Usage. If vacation time off is used in excess of that available, such excess vacation time off will, first, be deducted from any available compensatory time off accrual; finally, deducted from the next scheduled salary payment. 9.6 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for regular and longevity vacation accrual purposes. 38 ARTICLE X 10.0OTHERLEAVESOF ABSENCE 10.1 Sick Leave. Definition. Except as otherwise provided, below sick leave shall be deemed to mean absence from duty of an employee because of illness, injury, medical, or dental appointment that prevents the employee from performing the duties of his or her position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease. Accrual. Each employee shall be entitled to, and shall earn, one (1), eight (8) hour 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 cam sick 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 is not used. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Subsection J below. When an accepted industrial illness or injury has caused an employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave will be allowed such employee during the first three (3) days of the statutory waiting period. If the workers' compensation related illness or injury continues past the initial three (3) consecutive days, the employee will have the three (3) used sick days recredited to his or her account. Paid sick leave will continue until the fourth (4th) day when the City pays the employee workers' compensation benefits for such illness or injury. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City will deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. 39 Commencing with Council approval of this Agreement, the City may authorize employees to use sick leave, vacation, or compensatory time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. Limit. The maximum total accumulation of sick leave with pay shall be two hundred (200), eight (8) hour working days. Sick leave usage of less than a full day shall be charged in minimum increments of one-half( 1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half (1/2). 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) month period. Prior to the expiration of the additional time, the employee may tatum to his or her position provided that the employee 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. Extension by Use of Accrued Compensatory Time Off and/or Vacation. After an employee's sick leave has been exhausted, he or she may be granted permission to use, first, any unused compensatory time off benefits, then, any unused vacation leave benefits he or she may have accrued. 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 mom than three (3) consecutive working days, the employee must present to his or her Department Head 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 Executive Director of Personnel Services 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. 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 40 misconduct; or, sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. Excess Usage. If sick leave is used in excess of that due and available 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 salary payment. Necessity Leave. Each employee shall be afforded the opportunity to use up to 48 hours of sick leave per calendar year, on a non-cumulative basis, as personal necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, or spouse of the employee. As used in this section, "child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; "parent" means a biological, foster, adoptive parent, a stepparent, or a legal guardian; and "immediate family" means any member of the employee's household related by blood or marriage; a parent, parent-in-law, spouse, child, brother, sister, grandparent, or grandchild of the employee, regardless of residence; any other relative of the employee by blood or marriage, where it can be established by the employee that the employee's presence is required to handle emergency arrangements and/or other matters. Up to three (3) days of this personal necessity leave may be used: a) to attend to a serious accident to members of the employee's immediate family; b) childbirth; c) to cope with imminent danger to the employee's family, home, or other valuable property; or d) when the existence of external circumstances beyond the employee's control make it impossible for him or her to report for duty. For the purposes of this section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his or her specific workday schedule. Payment for Unused Sick Leave. Except in cases of disability retirement, upon nondisciplinary termination of employment after ten (10) years of cumulative full-time service with the City, each qualified employee 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 fifty-three and one- third (53.33) eight (8) hour working days, at the rate of pay effective on the date of such termination. Maximum sick leave cashout after ten (10) years of service shall be equal to 427 hours (53.33 x 8). 41 10.2 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. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of one-third (1/3) of the total sick leave benefit 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. 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. The City's obligation to pay such premium shall terminate upon the happening of any of the following events: Premiums have been paid on behalf of the former employee until all monies are exhausted; or The stun of premiums paid equals one hundred fifty percent (150%) 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. Except in cases of disability retirement, upon nondisciplinary termination of employment after fifieen (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 K(2) above excluding Subsections a and b. Bereavement Leave. An employee shall be granted up to 24 hours leave 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 member of the employee's household related by blood or marriage; A parent, parent-in-law, 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 42 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. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided in Section 143 of the Civil Service Rules and Regulations of the City of Santa Ana. Temporarf. 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 (1) 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 action, he or she shall be allowed to leave for the time actually required for such service without loss of pay. Each on-duty employee called for such service shall present 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 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 the service; provided, however, if upon return to duty the person so absenting himself or herself makes an explanation satisfactory to the Department Head regarding the cause of his or her absence, the Department Head may restore him or her 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 Department Head. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the Department Head with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Department Head it serves the best interest of the City. 43 10.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status, plus action by the Department Head recommending approval of the request, the City Manager may grant a leave of absence without pay for up to six (6) months. An employee returning to duty with the City shall inform the Department Head and the Executive Director of Personnel Services of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) month period, or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the Department Head 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. 10.9 Industrial Leave. Any period of time during which an employee is required to be absent from his or her position by mason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation and seniority. 10.10 Pregnancy Disability Leave. A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion of the City Manager, for a total of up to six (6) months in which to recover from the disability if substantiated by a physician's certificate. Employees may take an unpaid leave of absence during pregnancy disability consistent with the law. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than four (4) weeks) before the date she will take the leave and the estimated duration of the leave. Health and welfare insurance coverage will be continued only if the employee pays a cash premium to continue coverage while on a leave of absence without pay or is covered under the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) provisions. 44 ARTICLE XI 11.1 EMPLOYEE INSURANCE 11.1 11.2 11.3 Health Insurance. The City shall contribute the following amounts toward the payment of premiums for affected employees and their dependents under the existing health insurance programs or new program or programs providing substantially similar or improved coverage and benefits selected in accordance with procedures in effect on the effective date of this Agreement: 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 50% of the monthly premium amount for the City's lowest "employee-only" coverage, if said employee waives, in writing, City-paid coverage. Effective January 1, 2002, January 1, 2003, and January I, 2004, respectively, the City shall contribute toward medical premiums an amount consistent with the rates then in effect for each tier of the Kaiser California CalPERS HMO plan. Dental Insurance. Effective January 1, 2002, the City agrees to contribute a maximum of up to fifty dollars ($50) per month per employee toward the payment of premiums for dental insurance plans provided by the City for employees covered by this Agreement and their eligible dependents. Effective January 1, 2003, the City contribution amount will be increased to a maximum of up to sixty dollars ($60) per month per employee. Effective January 1, 2004, the City contribution amount will be increased to a maximum of up to seventy dollars ($70) per 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. Long-Term Disability (L.T.D.) Insurance. Effective January 1,2002, for the term of this Agreement, the City shall contribute up to a maximum often dollars and thirty- nine cents ($10.39) per month to employees enrolled in the 130 day elimination period LTD plan. For employees who elect to upgrade their LTD benefit coverage to a 60 day elimination plan, the City will contribute up to eleven dollars ($11.00) per month. Any amount necessary to maintain benefits under the long term disability insurance plans provided by the City in excess of the amounts set forth above shall be borne by the employee. 11.4 Life Insurance. The City shall maintain in effect for the term of this Agreement its 45 11.5 11.6 11.7 existing life plans covering employees covered by this Agreement on the same basis as its plans are offered to the employees as of June 30, 1998, including term life insurance coverage for each affected employee in the amount of twenty thousand dollars ($20,000) plus twenty thousand dollars ($20,000) Accidental Death and Dismemberment (AD&D) coverage at no cost to the employee. When there is a need to discuss matters relating to employee insurance and the City believes it would be beneficial to involve an Insurance Committee, the Union shall have an equal number of representatives as the City on such a committee to meet as necessary. Medical Retirement Subsidy Plan. Based on the first payroll period in October 2001 and no later than October 31 each year thereafter for the term of this Agreement, the City shall contribute to a fund an amount of money equal to one-half of one percent (.5%) 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 SEIU. The plan shall be administered by the City, at no cost to the Union or its members pursuant to the written directives of SEIU. 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 current 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 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 prior to February 1, 2002. If any other bargaining unit receives a vision insurance plan during the term of this Agreement, the City and SEIU agree to reopen this section of this Agreement. 46 ARTICLE XII 12.0 RETIREMENT 12.1 12.2 12.3 12.4 General. The terms of the existing contract between the City and Califomia Public Employees' Retirement System (CalPERS) governing the City retirement benefits for affected employees are incorporated by reference herein. The City shall continue to make contributions to CalPERS in accordance with its contract with CalPERS for affected employees covered by said contract as amended. Deferred Retirement. The City will continue to make payment to CalPERS on behalf of each affected employee, in an amount necessary to pay one hundred percent (100%) of his or her individual retirement contribution which is equal to seven percent (7%). 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, and not ordinary income. In the event that the City receives a 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 by fourteen (14) salary rate ranges (7%). 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. 2% At 55 Retirement Benefit. Effective July 1, 1997, the City agreed to pay 2.266% of the cost of providing CalPERS 2% at 55 retirement benefit to employees of this unit. Employees agreed to pay one percent (1%) of the total cost of 3.266% for the 2% at 55 retirement benefit by authorizing a one percent (1%) deduction from their salary (two (2) salary rate ranges) effective July 1, 1997. Effective November 1, 2001, this one percent (1%) deduction is eliminated. Credit for Unused Sick Leave. Effective January 1, 2002, or as soon as practicable thereafter, an employee covered by this Agreement, can have unused accumulated sick leave at the time of retirement converted to additional service credit at the rate of 0.004 years of service credit for each day of unused sick leave (i.e., 200 days of 47 sick leave equals .80 additional year's of service credit). The City must report only those days of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation from employment. 12.5 Military Service Credit as Public Service. Effective January 1, 2002, or as soon as practicable thereafter, an employee covered by this Agreement may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. 12.6 Retirement Reopener. Notwithstanding the provisions of Article XXIV, Waiver of Bargaining During the Term of this Agreement, the City mad Union may reopen Article XII Retirement, for the purpose of negotiating any new Supplemental or Modified Retirement Formula for Local Miscellaneous Members that currently is not available to contracting agencies. This Agreement to reopen negotiations for this limited purpose shall begin only if the Union delivers to the City a written proposal to negotiate for a new retirement formula within sixty (60) days of enactment of any Supplemental or Modified Retirement Formula for Local Miscellaneous Members. Failure to submit a written proposal to commence negotiations during the specified period will result in negotiations being closed during the term of this Agreement. If negotiations on a new Supplemental or Modified Retirement Formula for Local Miscellaneous Members are successfully completed, the City will proceed to amend its contract with the California Public Employees Retirement System (CalPERS) as soon as practicable. If no agreement is reached by July 1 of the subsequent fiscal year following enactment of the legislation, negotiations will cease and the City will not be required to negotiate further during the term of this Agreement. 48 ARTICLE XIII 13.0 TOOL REIMBURSEMENT POLICY 13.1 Employees classified as Fleet Equipment Technician I, II, or III, or Fleet Equipment Supervisor shall continue to provide such tools as are ordinarily used in the trade which shall be the personal tools of the mechanic. The City will continue with one (1) or more vendors an account(s) for said employees who have at least one (1) year of service in such classifications. Such employees shall be allowed up to $900 per fiscal year with such vendor(s) in order to purchase tools which, in the sole determination of the Fleet Services Manager, are necessary for the performance of such employee's job duties. The City's policy and procedure for the replacement of stolen tools shall be the same as it existed prior to the effective date of this Agreement. The City shall bear no liability or responsibility for such tools except as provided in this Section. 49 ARTICLE XIV 14.0 UNIFORM MAINTENANCE 14.1 All employees who are required by the City to wear a uniform while on duty shall continue to be provided seven (7) sets of clean uniforms every two (2) weeks at no cost to the employees. All field/yard maintenance, custodial and equipment repair employees shall be provided eleven (11) clean sets every two (2) weeks at no cost to the employee. All Police Records Personnel and the Senior Office Assistants assigned to the traffic window shall be provided three (3) sets of uniforms made of dacron and one (1) wool sweater. The Union agrees that any such employee who wishes to be provided with one (1) or more additional clean sets per week above the amounts specified above will be required to pay the extra cost incurred for such additional set(s). 50 ARTICLE XV 15.0 SAFETY 15.1 General. The City and the employees of the City agree to comply with all applicable Federal, State and local laws, and the City of Santa Ana regulations, which relate to health and safety. 15.2 Central Safety Committee. The Union may designate two (2) representatives and two (2) alternates to serve on the City's Central Safety Committee. 15.3 Safety Shoes. The City agrees to pay up to two hundred dollars ($200) per fiscal year per affected employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of the employee. All safety shoes/boots purchased under this program must have steel reinforced toes and insteps and bear the official stamp of approval from the American National Standards Institute (ANSI), z-41. Ifa particular class of employment is designated as requiring its incumbents to wear safety shoes, then it will be mandatory for all incumbents of that class to wear the type of safety shoes (boot or low-quarter) deemed to be appropriate by the Department Head. (Some exemptions may be allowed, on a case-by-case basis, depending on the type and amount of exposure to hazard in particular positions and subject to the approval or disapproval of the City' s Safety Officer). The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. 51 ARTICLE XVI 16.0 RESIDENCY 16.1 Employees covered by this Agreement are permitted to reside outside the limits of Santa Aha so long as such residency is not an unreasonable distance from, nor requires an unreasonable response time to, the particular employee's place of employment. It shall not be deemed an unreasonable distance within the meaning of this section if the employee resides within the area ora circle drawn with the City Hall of the City of Santa Aha as the center and the radius of which extends to the southern most point of the County of Orange. Any employee desiring to take advantage of the opportunity to reside outside of the area stated within this section shall first request permission to do so from the Department Head. Said request shall be granted by the Department Head if he or she determines the intended residence is not an unreasonable distance from and/or does not require an unreasonable time to the employee's place of employment. If the Department Head refuses the said request, the employee shall have a right to appeal said determination to the City Manager. 52 ARTICLE XVII 17.0 GRIEVANCE REVIEW PROCEDURE 17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this 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. 17.2 Informal Process - First Step An employee and/or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) working days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) working days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to the employee's Department Head. At this point, the grievance review process becomes formal. Should the grievant fail to file a written greivance, and in the manner specified above, within fifteen (15) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. Any resolution of the grievance at the informal stage by any person other than a middle manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this Agreement. 17.3 Formal Process. A. Second Step. The Department Head or his or her designated representative 53 shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review the grievance and may afftrm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and/or the employee's designated representative within ten (10) working days after said meeting. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative may submit the grievance in writing to the City Manager or his or her designated representative within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and/or his or her designated representative to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the disposition made at the Second Step. The City Manager or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse, or modify the disposition made at the Second Step and his or her decision, which shall be final and binding, shall be delivered in writing, to the employee and/or the employee's designated representative within fifteen (15) working days after said meeting. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his or her representative's written decision, shall be filed in the personnel records of the department and the grievant's personnel jacket maintained in the City Personnel Services Department. 17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law. 54 ARTICLE XVIII 18.0 UNION RIGHTS 18.1 Release Time for Union Grievance Representatives. The Union shall have the right to appoint/elect a reasonable number of representatives who are recognized by the City as officers or worksite leaders/stewards. Such reasonable number of worksite leaders/stewards recognized by the City shall be limited to fifteen (15). The City's Employee Relations Manager shall be provided with a list of names and classification titles of the Union's officers as set forth in the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 347, AFL-CIO Bylaws, as well as the names and classification titles of all worksite leaders/stewards and other Union representatives. The Union agrees to inform the City in writing of any changes in said list within ten (10) calendar days. During the term of this Agreement, the City agrees to grant up to a total of two hundred (200) hours per fiscal year on a non-cumulative basis to enable the officers and worksite leaders/stewards to assist other bargaining unit employees in processing grievances under the Grievance Review Procedure; provided, however, that such officers and worksite leaders/stewards shall make advance arrangement with their supervisors prior to absenting themselves for such purpose. The officers and worksite leaders/stewards shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pttrsuant to this provision of the Agreement. Union Business Leave Time. In addition to the two hundred (200) hours per fiscal year provided by the City on a non-cumulative basis, officers and worksite leaders/stewards shall be granted an additional three hundred (300) hours per fiscal year on a non-cumulative basis paid by the Union from the bank of hours or directly by the Union. The purpose of this additional three hundred (300) hours per fiscal year shall be to enable the officers and worksite leaders/stewards to assist the bargaining unit employees in processing grievances under the Grievance Review Procedure and for union activities which may include conventions, seminars and meetings. However, such officers and worksite leaders/stewards shall make advance arrangements with their supervisors prior to absenting themselves for such purposes. The officers and worksite leaders/stewards shall be required by the City to record 55 and report to their supervisors on the worktime spent on Union business. Time spent by the Union President, officers or worksite leaders/stewards on President's leave and/or Union Business leave time, under this MOU, shall not be considered time worked for computation of overtime according to the Fair Labor Standards Act. President's Leave Time. During the term of this Agreement, the City agrees to grant the President of the Union twenty (20) hours per week paid time off which shall be charged against a Union Leave Bank and subject to the following terms and conditions: The President of the Union will conduct any Union business performed during the twenty (20) hours per week off the worksite. However, the President may conduct Union business on worksites pursuant to Article XVIII, Section 18.2, Worksite Access Provision of the MOU. The Department Director of the Union President may approve additional time off for the Union President for Union seminars and other business on a prescheduled basis. Such additional time off shall be paid for by the Union or from the President's vacation or compensatory time bank. The Department Director of the Union President will schedule the Union President to be offsite for four (4) hours each day to conduct Union business, upon request of the Union. The Department Director shall schedule the President of the Union to be onsite working on City business four (4) hours each day five (5) days a week. The Department Director may change the schedule of the Union's President upon reasonable notice to the Union President. During the period of time the Union President is performing City work, he or she shall receive no phone calls or visitors. Persons who call or wish to see the President of the Union during the President of the Union's work time shall be referred to the Union's offsite headquarters. Time paid for conducting Union business shall not count towards the computation of overtime. o The Union shall reimburse the City for 100% of the salary, including any premium payments and benefit costs for President's 56 leave time. Such reimbursement may be from the bank established pursuant to this Agreement or directly from the Union. The Union agrees to pay for Union Leave and President's Leave within thirty (30) days of receiving the bill from the City. The bill will be sent on a monthly basis. If the bill is not paid within thirty (30) days, the City shall deduct such amount from the Union dues collected from the employees on behalf of the Union. In the event a portion of the bill is rightfully contested, the City shall only deduct the non-contested portion from employees's dues. Any issues related to the bill must be brought to the attention of the Executive Director of Personnel Services within fifteen (15) days of its receipt and must be resolved within fifteen (15) remaining days so that the bills are paid in a timely manner as stated (within thirty (30) days of its receipt). The Union shall provide an insurance policy or policies, or certificate of such insurance, naming the City of Santa Ana, its officers and employees as insured or additional insured which provides coverage against liability for any and all claims and/or suits for damages or injuries to persons or property resulting from or arising out of any act or omission of said Union representative. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage not less than the following minimum amounts: One million dollars ($1,000,000) combined single limit or its equivalent. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days notice thereof has been given in writing to the City of Santa Ana. The Union shall provide the City of Santa Ana with an insurance carrier certifying that it carries primary workers' compensation insurance on behalf of said Union representative and the policy shall not be cancelled nor coverage reduced except upon ten (10) working days prior notice to the City of Santa Ana. 10. The Union shall indemnify and save harmless the City of Santa Aha, its officers and employees from and against any and all damage to property or injuries to or death of any person or persons, including property and employees or agents to the City of Santa Ana. The Union shall defend, indemnify, and save harmless the City of Santa Ana, its officers and employees from any kind and all claims to demands, suits, actions or proceedings of any kind or nature, 57 including, but not by way of limitations, workers' compensation claims, resulting from or arising out of the negligent acts, errors, or omissions, arising out of the intentional or malicious acts of the Union's representatives. 11. The Union and the City of Santa Ana agree that the Union President will not be required to carry out any City duties during the time the Union President is on President's leave twenty (20) hours per week. The Union President will be required to comply with the rules and regulations of the City of Santa Ana as they apply to off-duty employees, except such Union President will not be required to report for any purpose during the four (4) hours per day or twenty (20) hours per week of Union President's leave time. 12. Upon return to duty from President's Leave of four (4) hours per day, the Union President shall be restored to the same position without loss of any benefits as he or she would have occupied or accrued if there had been no disruption in duty status. For the purpose of providing payment for Union President's Leave time and for Union Business Leave time the City and the Union agree to the creation of the following compensation time bank: Any member of the Union who has a compensatory time balance, vacation time or accrued in lieu holiday balance of at least two (2) hours or more can voluntarily designate, in writing, that he or she will contribute the value of such time to a bank to be used to pay for President's Leave time and/or Union Business Leave time. In addition, floating holiday pay may also be contributed, but only in increments of eight (8) hours. Such bank shall be for the purposes and subject to the restrictions provided herein. The employees' vacation leave, compensatory time and/or accrued or unused holiday pay balance will then be reduced by the amount of hours transferred to the bank. Vacation leave time, compensatory time and/or accrued floating or in lieu holiday time, together with the cost of benefits shall be converted to its dollar value at the rate of pay of the employee from whom the leave was received. Those dollars (with benefit cost) shall be placed in the Union Business Leave Bank. When the Union Business Leave Bank is used in accordance with President's Leave and Union 58 Business Leave, dollars will be withdrawn from such Union Business Leave Bank, equal to the hourly rate (with benefit cost) of the employee utilizing the leave multiplied by the number of hours of leave taken. Withdrawal requests from the bank will be for the purpose of conducting Union business, which may include grievance investigation, executive meetings, board of director meetings, training and conventions sponsored by the Union, attendance at grievances and Personnel Board hearings as witness for the Union, President's Leave and other Union purposes as may be determined by the President of the Union. Request for withdrawal from the Bank shall be made only by the President or designee to the Executive Director of Personnel Services on forms mutually agreed to by the parties and furnished by the City. The Union President's Leave or Union Business Leave slip shall be presented to the Executive Director of Personnel Services by the Union for withdrawal from the bank. All vacation leave, compensatory time and accrued floating or in lieu holidays transferred to the bank are final transfers and shall not be recoverable for re-credit to any individual employee's vacation leave account, compensatory time account, or accrued holiday time account. Release of employees for Union Business Leave shall be on the same basis as employees are released from duty for vacation leave, except that such requests for leave shall not unreasonably interfere with the operation of the City department and shall be approved by the employee's Department Head. The employee taking Union Business Leave shall not unreasonably interfere with the operation of the City department and shall be approved by the employee's Department Head. The Department Head shall not unreasonably withhold permission to utilize President's Leave time and/or Union Business Leave from any employee who has been duly authorized by the Union to take such leave. No withdrawal from or use of such bank may be made by or on behalf of an employee ordered to take time offwithout pay for disciplinary reasons. No withdrawal or use of such bank may be made by or on behalf of any employee to be used for purposes that are unlawful under the laws of the United States, State of California or the ordinances of the City of Santa Ana. 59 The Union President shall have up to twenty (20) hours per week or one thousand forty (1,040) hours per year of time off to conduct Union business which shall be paid by the City, but reimbursed to the City by the Union from either the above described bank or directly from the Union treasury. In any event, the Union agrees to reimburse the City for all costs not otherwise reimbursed from the bank providing the Union President with President's leave of absence. Time spent by the Union President on President's Leave time shall not be considered time worked for the computation of overtime according to the Fair Labor Standards Act. 18.2 Worksite Access. Officers, worksite leaders/stewards and/or paid Union representatives shall be permitted to visit break and lunch areas designated by the City, before or after work or during designated lunch periods for the purpose of discussing Union business, provided that arrangements are made in advance with the manager responsible for the worksite. Such visits shall not disrupt the work of City employees, interfere with the normal operations of the department or with established safety and secttrity requirements. Where any such problems arise, the Union and the City will agree on an alternate meeting/conference facility for the purpose of providing a place for the Union to hold a meeting before or after work or during lunch periods. If the City facility provided the Union as an alternate meeting site during non-working hours is a public meeting room, its scheduling and use shall be governed in accordance with regulations pertaining to the use of public meeting rooms at City facilities. Solicitations of membership and all activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, preparation of petitions, preparation of proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. Officers and employees may perform those duties assigned to them by the Union, but in no event shall they have the right to interfere with the performance of work of any other employee or interfere with City operations or to call a strike, slowdown, work stoppage, sympathy strike or take any economic action against the City. 60 18.3 Release Time for Employee Representatives. 18.4 18.5 In the event that the Union is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of officers, employee representatives or other officials of the Union shall be allowed reasonable time off without loss of compensation or other benefits. Bo Such officers and employee representatives shall not leave their duty or work station or assignment without the prior knowledge of their supervisor or such supervisor's supervisor. Such meetings are subject to scheduling in a manner consistent with City operating needs and work schedules. Use of Bulletin Boards. Space shall be made available to the Union on the City's existing employee bulletin boards for the purpose of posting notices pertaining to Union business, subject to the following conditions: Material posted by the Union shall not include campaign material on municipal election matters, including elections for City Council, other City positions, or other municipal political matters. Material posted is not derogatory to the City, City employees or other employee organizations. All materials are dated, identify the Union and bear the signature of the authorized representative(s) of the Union responsible for their issuance. The City reserves the right to determine what reasonable portion of employee bulletin boards are to be allocated to Union materials. If the Union does not abide by these provisions, it will forfeit its right to have materials posted on the City's employee bulletin boards. The Union shall not be permitted to post any material that is prohibited by State law or the City Charter. Use of CiW Facilities. The City shall allow the Union to conduct meetings in the City's public meeting rooms during non-working hours provided such meetings are scheduled in accordance with regulations goveming the use of public meeting rooms at City facilities; provided, however, the Union shall not be permitted to use City facilities to discuss or present any matter that is prohibited by State law 61 or the City Charter. 62 ARTICLE XIX 19.0 DUES DEDUCTION & INDEMNIFICATION 19.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Union, 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 Union within thirty (30) calendar days following their deduction. 19.2 Agency Shop. All employees represented by the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 347, AFL-CIO, shall, as a condition of continuing employment become and remain members of the Union or shall pay to the Union a service fee in lieu thereof. Such service fee shall be one dollar ($1) per pay period less than Union dues if legally authorized. Any employee hired by the City subject to this Memorandum of Understanding shall be provided, through the Personnel Services Department, with an authorization form for the deduction of Union dues. Said employee shall have thirty (30) working days following the initial date of employment to fully execute the authorization form of his or her choice and return said form to the Agency/Department payroll section. The effective date of Association dues, service deductions or charitable contribution for such employees shall be the beginning of the first pay period of employment. Any employee of the City subject to this Memorandum of Understanding who wishes to execute a written declaration claiming a religious exemption from paying Union dues, and who is a member ora bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and which is recognized as such by the Public Employer Relations Board, shall, upon presentation of verification of active membership in such religion, body or sect be permitted to make a charitable contribution equal to the service fee in lieu of Union membership or service fee payment. Declarations or applications for religious exemption and any supporting documentation shall be forwarded to the Union within fifteen (15) calendar days of receipt by the City. The Union shall have fifteen (15) calendar days after receipt of a 63 request for religious exemption to challenge any exemption granted by the City Administrator or his or her designee. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be by regular payroll deduction only. For purposes of this section, charitable deduction means a contribution to one of three non-profit organizations: with the United Way being one of them. The Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 347, AFL-CIO, shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the Agency Shop provisions herein. In no event shall the City be required to pay from its own funds, Union dues, service fee or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reasons. 64 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. To determine the existence or nonexistence of facts which are the basis of the Management decision. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. 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. To determine and/or change the facilities, methods, technology, means, and size of the workfome by which the City operations are to be conducted. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to the right to contract for or subcontract any work or operation of the City. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. To relieve employees from duties for lack of work or similar nondisciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this Agreement. 65 K. To establish and modify productivity and performance programs and standards. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. To hire, transfer, promote and demote employees for nondisciplinary reasons in accordance with this Agreement. To determine policies, procedures, and standards for selection, training and promotion of employees. 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. 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. To take any and all necessary action to carry out the mission of the City in emergencies. 20.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Agreement. 66 ARTICLE XXI 21.0 STRIKES & WORK STOPPAGES 21.1 Prohibited Conduct. The Union, 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. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority without right of appeal to the Personnel Board in accordance with City Charter Section 1014. 21.2 Union Responsibility. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1, Subsection A above of this Article, the Union 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 Section 1, Subsection A above, and return to work. 67 ARTICLE XXII 22.0 LAYOFFS 22.1 The City agrees to inform the Union as soon as possible if and when a decision is made to reduce positions represented by the Union through layoff. If it is decided to contract out work, the City shall provide the Union reasonable notice of the decision; meet and confer with the Union over the impact of the decision; will seriously consider reasonable alternatives provided by the Union; and if any bargaining unit member is laid off as a result of the decision, the City shall make a reasonable effort to place said employee with the contracting company. 22.2 The principles of seniority (length of service shall govern layoffs as described herein, except in the event that more than one employee has the same seniority date, in which case performance also shall be considered. The City's determination of performance shall not be arbitrary or capricious in nature. Any dispute over the application of the principles outlined in this Article XXII shall be subject to the grievance procedure. Classification seniority is defined as length of service in the classification, and shall begin on the first date worked by the employee in that classification. Whenever a position within a classification is to be eliminated, resulting in the layoff of an employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first. In lieu of layoff, an employee may elect to work in a lower classification, in which he has served, providing that classification is within the same job family/career ladder. In that event, the employee's length of service in the next lower classification will be added to his length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications. The reemployment list shall be valid for one year from the date of its establishment. Reemployment shall be in reverse order of layoffs. The Joint Labor Management Committee will determine Job Family/Career Ladder. 22.3 A bargaining unit employee who is laid off from full time City employment pursuant to this Article, may be granted a temporary appointment to a vacant position in any classification for which there is no eligible list and for which said employee meets the minimum qualifications established for the classification and possesses the 68 requisite knowledge, skills and abilities to satisfactorily perform the work of the classification. Such temporary appointment will be terminated upon the establishment of a new eligible list for the classification or on the one hundred eightieth (180t~) day following the initial day of such temporary appointment, whichever occurs first. 69 ARTICLE XXIII 23.0 MISCELLANEOUS PROVISIONS 23.1 The City agrees to provide a list each month to the Union with names and class titles of bargaining unit employees who have separated from full-fane City service, and the names and class tires of bargaining unit employees who have been hired. The Union agrees to pay the City's cost of producing said list(s). After ratification of this Agreement by the City Council, a complete list of bargaining unit employees and their addresses will be provided to the Union once every fiscal year. 23.2 The City agrees to distribute Union membership pamphlets to bargaining unit employees at the new employee orientation sessions conducted by the City. 23.3 Catastror>hic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because ora catastrophic, non-industrial medical condition or injury, the City and Union agree to implement a Catastrophic Leave Donation Program. 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. The Catastrophic Leave benefit will be provided for non-industrial injury or sickness only. The leave shall cover the uncompensated time prior to the employee's becoming eligible for the L.T.D. benefits. A4 Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. Employees may donate vacation or compensatory time or one in lieu holiday to the eligible employee. In no event shall sick leave be donated. 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 Department Head or his or her designee as provided herein below. All donations must be made in two (2) hour increments and a maximum of eight (8) hours per donor, except in lieu holidays must be for eight (8) hours. 70 Any authorization of donations not made in accordance with the procedures outlined in Section C, Subparagraph 2 below, will not be processed. 5. All donations shall be irrevocable. 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, Sections 10.lA through 10.1K. Donations shall be limited to employees of this bargaining unit or any other unrepresented unit. Eligiblity. Regular, full-time employees shall be eligible for Catastrophic Leave Donations if the following criteria are met: When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time and vacation, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. The employee's Department Head, or his or her designee, has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. Procedure. Upon receipt of a valid request for donations from an eligible employee, the Department Head or his or her designee shall post a notice of the eligible employee's need for donations on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. Employees wishing to donate time to an eligible employee must sign his or her authorization of the transfer of such donated time and provide: a. His or her name, department name, and employee number. 71 The number of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 above; c. The name, department and employee number of the recipient; A statement indicating that the donor understands such donation of time is irrevocable. At the close of the donation period, the department shall verify that each donating employee has accrued vacation and/or compensatory time balances sufficient to cover the designated donation. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section A, herein. The City shall add the donated time to the recipient's sick leave account. 23.4 Joint Labor Manaeement Teams. The City and the Union agree to form Joint Labor Management teams for the purpose of exploring issues of mutual concern. Each team shall be comprised of an equal number of labor and management employees and shall be chaired by the Employee Relations Manager. In no case shall the activity of a team create a delay or hindrance to the ongoing operation of the City. The City and the Union shall hold an initial meeting no sooner than one (1) month of ratification of this Agreement and upon the Union's written request to meet to determine team composition, frequency of meetings and meeting schedules. The teams to be formed are: Career Ladder/Job Family (for the purpose of developing career ladder/job family series to be used in promotions or in the event of layoffs); Flexible Staffing (for the purpose of establishing a Flexible Staffing/Career Development Program for employees wishing to become eligible to promote from Fleet Equipment Technician I to Fleet Equipment Technician II). 72 Alternative Work Schedule (for the purpose of determining the feasibility of adopting an Alternative Work Schedule in all departments of the City, except Fire and Police). 73 ARTICLE XXIV 24.0 SOLE & ENTIRE AGREEMENT 24.1 24.2 It is understood and agreed that the parties to this Memorandum of Understanding are subject to all current and future applicable Federal and California laws, the City of Santa Ana Charter and Municipal Code, as well as the City's Employer-Employee Relations Resolution (#81-75). 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 or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement is not intended to conflict with Federal or State law or the City Charter. The City will continue to provide employees covered by this Agreement a reduced size copy of this Agreement and its attachments and including a section containing the Employer-Employee Relations Resolution of the City of Santa Aha. Notwithstanding the foregoing, there exists within the City personnel rules and regulations and departmental rules and regulations. These rules and regulations shall be continued to the extent they do not contravene specific provisions of this Agreement. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to contravene specific provisions of this Agreement. 74 ARTICLE XXV 25.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 25.1 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 the Agreement or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation &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. 75 ARTICLE XXVI 26.0 EMERGENCY WAIVER PROVISION 26.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this Agreement will be reinstated immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the Agreement during the course of the emergency. 76 ARTICLE XXVII 27.0 SEPARABILITY PROVISION 27.1 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 fome 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 pa~ies shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 77 ARTICLE XX¥III 28.0 TERM OF AGREEMENT 28.1 The term of this Agreement shall be from July 1, 2001 through June 30, 2004. 78 ARTICLE XXIX 29.0 RATIFICATION & EXECUTION 29.1 The City and the Union 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 Union acknowledge that this Agreement shall not be in full rome and effect until ratified by the membership of the Union 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 Union and entered into this 5t~ day of November, 2001. CITY OF SANTA ANA, a municipal corporation of the State of California Dated: .Il" _~" t} ! Dated: Dated: Clerk of~ //Cit~/rAttome~ City Manager Employee Relations Manager 79 This Agreement has been ratified by the membership of the Santa Aha City Employees, Chapter 1939/Service Employees International Union Local 347, AFL-CIO. Dated: !~1 ~1~1 SEIU: Joaquin Avalos, President R'obert Hunt ~'' Legal Counsel ~pr~sentalive endoza~ Deanna Cline Dave FeX~ Bruce Perret // M ich~ae~Mu~i~a~ organ / Steve Ril~yy Cecilia Flores Mike Tran ilson Victor Madrig~ (J 80 SEIU BASIC SALARY & WAGE SCHEDULE EXHIBIT A Page 1 of 2 The City's Basic Salary and Wage Schedule provides for a number of ranges of pay rates (salary rate ranges) each comprised of six pay steps or rates for SEIU employees. The salary rate ranges are identified by a three digit number and steps by letters AA, A to E inclusive. For SEIU employees, the purpose of each step and the length of service required for advancement within the rate range are summarized as follows: Purpose: AA Step A Step B Step - C Step - D Step E Step Normal beginning pay rate. Automatic Increase. Also optional hiring rate. Automatic Increase, Also optional hiring rate. Automatic Increase. May also be maximum hiring rate for certain classes. Automatic Increase, and is maximum hiring rate. Merit Rate. Required Length o_.f Service: AAtoA A to B B toC C to D D toE After 6 months' completed service. After one year's completed service. After one year's completed service. After one year's completed service. After 18 months' completed service. In the following salary schedule matrix, each salary range is identified by a three digit number. 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 throe digit range number locates the "AA" step of the range, which is the first of the 6 steps. Steps "A," "B," "C," "D," and "E" are found in the column directly below the "AA" step. For example, the "AA" step of Range No. 401 is found to be $1476 by moving down the left column to the number 40 (the first two digits of the Range No.), then horizontally to column I (the third digit of the Range No.). The "AA" step of $1476 has the remaining steps shown directly beneath it; thus the full, six step range is 1476-1549-1627-1708-1793-1883. In the same number, Range No. 455 is found to be 1921-2017- 2118-2223 -2334-2451. SALARY SCHEDULE MATRIX 0 1 2 3 4 5 6 7 8 9 35 1151 1156 1162 t168 1174 1180 1185 1191 1197 1203 36 1209 1215 1221 1227 1233 1239 1245 1251 1258 1264 37 1269 1275 1281 1288 1294 1301 1307 1314 1320 1327 38 1332 1338 1345 1352 1358 1365 1372 1379 1386 1393 39 1399 1405 1413 1420 t427 1434 1441 1448 1455 1463 40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536 41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612 42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693 43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778 44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 81 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 1968 2066 2169 2277 2391 2511 2637 2769 2907 3052 3205 3365 3533 3710 3896 4091 4296 4511 4741 4978 5226 5488 5762 6050 6353 6670 7005 7355 7723 8109 8515 8941 1977 1987 2076 2086 2179 2190 2288 2299 2402 2414 2523 2536 2650 2663 2782 2796 2921 2936 3067 3082 3221 3237 3381 3398 3550 3568 3728 3747 3915 3935 4111 4132 4317 4339 4533 4556 4764 4787 5002 5026 5252 5278 5515 5542 5790 5818 6080 6110 6384 6416 6702 6735 7039 7073 7391 7427 776l 7799 8149 8189 8557 8599 8985 9029 1997 2007 2017 2027 2037 2048 2058 2097 2107 2118 2128 2139 2150 2160 2201 2212 2223 2234 2246 2257 2268 2311 2322 2334 2346 2357 2369 2381 2427 2439 2451 2463 2475 2488 2500 2548 256t 2574 2587 2600 2613 2626 2676 2690 2703 2717 2730 2744 2758 2810 2824 2838 2853 2867 2881 2896 2950 2965 2980 2995 3010 3025 3040 3098 3113 3129 3144 3160 3176 3192 3253 3269 3285 3302 3318 3335 3352 3415 3432 3449 3467 3484 3501 3519 3586 3604 3622 3640 3658 3676 3695 3765 3784 3803 3822 3841 3861 3880 3954 3974 3994 4014 4034 4054 4074 4152 4173 4194 4215 4236 4257 4278 4360 4382 4404 4426 4448 4470 4493 4579 4601 4624 4648 4671 4694 4718 4810 4834 4858 4882 4906 4930 4954 5051 5076 5101 5126 5151 5176 5201 5304 5330 5356 5382 5408 5434 5461 5569 5596 5623 5650 5678 5706 5734 5847 5876 5905 5934 5963 5992 602l 6140 6170 6200 6230 6260 6291 6322 6446 6478 6510 6542 6574 6606 6638 6768 6801 6835 6869 6903 6937 6971 7107 7141 7176 7211 7247 7283 7319 7463 7499 7535 7571 7609 7647 7685 7837 7875 7913 7951 7989 8029 8069 8229 8269 8309 8349 8389 8431 8473 864l 8683 8725 8767 8809 8853 8897 9073 9117 916l 9205 9250 9296 9342 82 ASSIGNMENT OF CLASSES REPRESENTED BY SANTA ANA CITY EMPLOYEES CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO FOR FISCAL YEARS JULY 1, 2001 THROUGH JUNE 30, 2004 EXHIBIT B JOB TITLE July01 Jul-02 Jul-03 Range No. Range No. Range No. ACCOUNTANT I ACCOUNTANT II ACCOUNTING ASSISTANT ARTS ADMINISTRATOR ASSISTANT BUYER ASSISTANT ENGINEER - TRANSPORTATION (T) ASSISTANT ENGINEER I ASSISTANT ENGINEER II ASSISTANT FLEET EQUIPMENT TECHNICIAN ASSISTANT PARKS/LANDSCAPE PLANNER ASSISTANT PLAN CHECK ENGINEER I ASSISTANT PLAN CHECK ENGINEER II ASSISTANT PLANNER I ASSISTANT PLANNER II ASSOCIATE ENGINEER ASSOCIATE ENGINEER - TRANSPORTATION (T) ASSOCIATE PARK AND LANDSCAPE PLANNER ASSOCIATE PLAN CHECK ENGINEER ASSOCIATE PLANNER ASSOCIATE ZOO CURATOR BOOKMOBILE OPERATOR BUILDING INSPECTOR BUILDING MAINTENANCE SUPERVISOR BUILDING MAINTENANCE TECHNICIAN BUILD1NG TECHNICIAN BUSINESS TAX COLLECTOR/INSPECTOR BUYER CENTRAL SERVICES SUPERVISOR COMBINATION BUILDING INSPECTOR COMMUNITY CENTER COORDINATOR COMMUNITY CENTER REPRESENTATIVE COMMUNITY DEVELOPMENT DISTRICT MANAGER COMMUNITY DEVELOPMENT RESOURCE COORD COMMUNITY DEVELOPMENT TECHNICIAN COMMUNITY EVENTS COORDINATOR COMMUNITY EVENTS SUPERVISOR COMMUNITY PRESERVATION INSPECTOR COMMUNITY PRESERVATION INSPECTOR Il (T) COMMUNITY PRESERVATION TECHNICIAN COMMUNITY SERVICES SUPERVISOR COMPUTER OPERATIONS COORDINATOR 582 590 598 610 618 626 531 539 547 583 591 599 546 554 562 624 632 640 610 618 626 624 632 640 526 534 542 591 599 607 610 618 626 624 632 640 591 599 607 611 619 627 662 670 678 662 670 678 641 649 657 662 670 678 641 649 657 580 588 596 509 517 525 591 599 607 601 609 617 549 557 565 543 551 559 555 563 571 595 603 611 555 563 571 591 599 607 591 599 607 550 558 566 661 669 677 641 649 657 560 568 576 550 558 566 616 624 632 591 599 607 611 619 627 543 551 559 638 646 654 646 654 662 83 JOB TITLE COMPUTER OPERATOR COMPUTER PROGRAMMER COMPUTER SYSTEMS ANALYST/PROGRAMMER CONSTRUCTION INSPECTOR I CONSTRUCTION INSPECTOR II CONTRACTS ADMINISTRATOR CUSTODIAN CUSTODIAN (LEAD ASSIGNED) CUSTODIAN SUPERVISOR CUSTOMER SERVICE REPRESENTATIVE DATA ENTRY OFFICE ASSISTANT DATA ENTRY OPERATOR DATA ENTRY SPECIALIST DEPUTY CLERK OF THE COUNCIL DETENTION RECORDS SPECIALIST DETENTION RECORDS SUPERVISOR ECONOMIC DEVELOPMENT AIDE ECONOMIC DEVELOPMENT SPECIALIST I ECONOMIC DEVELOPMENT SPECIALIST II ECONOMIC DEVELOPMENT SPECIALIST III ELECTRICAL INSPECTOR EMPLOYMENT SERVICES FISCAL SPECIALIST ENGINEERING DRAFTING TECHNICIAN I ENGINEERING DRAFTING TECHNICIAN II ENVIRONMENTAL COORDINATOR EQUIPMENT OPERATOR EQUIPMENT OPERATOR - MOTOR GRADER (T) EQUIPMENT OPERATOR - MOTOR SWEEPER EQUIPMENT OPERATOR - MOTOR SWEEPER ASSN EQUIPMENT OPERATOR - STREET EQUIPMENT OPERATOR - TRAFFIC PAINT EQUIPMENT OPERATOR - WATER MAINTENANCE EXECUTIVE SECRETARY FACILITIES SUPERVISOR FINANCE EXECUTIVE SECRETARY FLEET EQUIPMENT SUPERVISOR FLEET EQUIPMENT TECHNICIAN 1 FLEET EQUIPMENT TECHNICIAN II FLEET EQUIPMENT TECHNICIAN III FLEET PARTS SPECIALIST GENERAL MAINTENANCE LEADER GENERAL MAINTENANCE SUPERVISOR GENERAL MAINTENANCE WORKER GIS ADMINISTRATOR GRAPHICS DESIGNER I GRAPHICS DESIGNER II GRAPHICS SUPERVISOR HOUSING AUTHORITY COORDINATOR 84 Jul-01 Range No. Jul~02 Jul-03 Range No. Range No. 555 563 571 598 606 614 618 626 634 591 599 607 601 609 617 591 599 607 484 492 500 499 507 515 536 544 552 539 547 555 509 517 525 500 508 516 509 517 525 550 558 566 492 500 508 564 572 580 560 568 576 611 619 627 641 649 657 671 679 687 591 599 607 582 590 598 560 568 576 591 599 607 641 649 657 550 558 566 566 574 582 550 558 566 560 568 576 550 558 566 550 558 566 550 558 566 548 556 564 601 609 617 548 556 564 615 623 631 556 564 572 576 584 592 591 599 607 566 574 582 570 578 586 601 609 617 549 557 565 621 629 637 552 560 568 572 580 588 611 619 627 651 659 667 JOB TITLE Jul-01 Jul-02 Jul-03 Range No. Range No. Range No. HOUSING AUTHORITY INTAKE SPECIALIST 497 HOUSING AUTHORITY OPERATIONS SUPERVISOR 629 HOUSING PROGRAMS AIDE 520 HOUSING PROGRAMS ANALYST 629 HOUSING PROGRAMS COORDINATOR 671 HOUSING SPECIALIST I 530 HOUSING SPECIALIST Il 554 INFORMATION SERVICES REPRESENTATIVE 539 INSTRUMENT TECHNICIAN 571 INTAKE SPECIALIST 497 LANDSCAPE DEVELOPMENT ASSOCIATE 641 LEAD ACCOUNTING ASSISTANT 565 LEAD DETENTION RECORDS SPECIALIST 534 LEAD POLICE RECORDS SPECIALIST 534 LEARNING CENTER TECHNICIAN 520 LIBRARIAN 580 LIBRARY AIDE 437 LIBRARY SERVICES ASSISTANT 482 LIBRARY SPECIALIST 457 LIBRARY TECHNICIAN 520 LOAN OFFICER II (T) 631 LOAN SPECIALIST 581 MAIL CLERK/MESSENGER 463 MAINTENANCE ASSISTANT 484 MAINTENANCE WORKER I 504 MAINTENANCE WORKER II 524 METER READER COLLECTOR 530 MICRO SYSTEMS PROGRAMMER 626 MICRO SYSTEMS TECHNICIAN 560 NETWORK ENGINEER 666 NETWORK SPECIALIST/WAN SYSTEMS ADMINISTRATOR 626 OFFICE ASSISTANT 482 OFFICE SPECIALIST 457 OFFICE SUPERVISOR 551 PARK MAINTENANCE AIDE 382 PARK MAINTENANCE LEADER 553 PARK MAINTENANCE LEADER (ASSIGNED FT) 573 PARK MAINTENANCE LEADER (ASSIGNED PT) 563 PARK MAINTENANCE SUPERVISOR 601 PARK MAINTENANCE WORKER 509 PARK MOWER OPERATOR (T) 529 PARK RANGER 543 PARKING METER OPERATIONS SUPERVISOR 563 PARKING METER TECHNICIAN I 513 PARKING METER TECHNICIAN Il 543 PERMIT PROCESSOR 529 PERMIT SUPERVISOR 611 PERMIT TECHNICIAN 581 505 513 637 645 528 536 637 645 679 687 538 546 562 570 547 555 579 587 505 513 649 657 573 581 542 550 542 550 528 536 588 596 445 453 490 498 465 473 528 536 639 647 589 597 471 479 492 500 512 520 532 540 538 546 634 642 568 576 674 682 634 642 490 498 465 473 559 567 390 398 561 569 581 589 571 579 609 617 517 525 537 545 551 559 571 579 521 529 551 559 537 545 619 627 589 597 85 JOB TITLE PLAN EXAMINER (T) PLANNING ASSISTANT PLANNING COMMISSION SECRETARY PLUMBING INSPECTOR POLICE FISCAL OFFICER POLICE RECORDS SPECIALIST POLICE RECORDS SUPERVISOR POLICE SUPPLY SPECIALIST PRINCIPAL PROGRAMMER ANALYST PROGRAMMER ANALYST PROJECTS MANAGER PROPERTY CONTROL SPECIALIST PROPERTY REHABILITATION ASSISTANT PUBLIC WORKS CREW LEADER PUBLIC WORKS DISPATCHER PUBLIC WORKS PROJECTS SPECIALIST PURCHASING ASSISTANT RECEPTIONIST RECORDS MANAGEMENT SPECIALIST (T) RECORDS SPECIALIST RECREATION CENTER DIRECTOR RECREATION LEADER RECREATION PROGRAM COORDINATOR RECREATION SUPERVISOR REDEVELOPMENT ASSISTANT REDEVELOPMENT PROJECT MANAGER I REDEVELOPMENT PROJECT MANAGER II REDEVELOPMENT PROJECT MANAGER III REPROGRAPHIC EQUIPMENT OPERATOR RESIDENTIAL CONSTRUCTION SPECIALIST REVENUE AND CONTRACT COMPLIANCE AUDITOR REVENUE PROCESSING ASSISTANT REVENUE SUPERVISOR SANITATION INSPECTOR I SANITATION INSPECTOR II SECRETARY SECRETARY (ASSIGNED STENO) SENIOR ACCOUNTANT SENIOR ACCOUNTING ASSISTANT SENIOR ASSISTANT ENGINEER SENIOR ASSISTANT PLAN CHECK ENGINEER SENIOR BUILDING INSPECTOR SENIOR COMBINATION BUILDING INSPECTOR SENIOR COMMUNITY PRESERVATION INSPECTOR SENIOR DEPUTY CLERK OF THE COUNCIL SENIOR DETENTION RECORDS SPECIALIST SENIOR ELECTRICAL INSPECTOR SENIOR ELECTRICAL SYSTEMS SPECIALIST Jul-01 Range No.. Jul-02 Jul-03 Range No. Range No. 610 618 626 571 579 587 548 556 564 591 599 607 629 637 645 492 500 508 564 572 580 530 538 546 666 674 682 626 634 642 651 659 667 530 538 546 530 538 546 570 578 586 514 522 530 611 619 627 520 528 536 497 505 513 544 552 560 525 533 541 530 538 546 470 478 486 550 558 566 601 609 617 591 599 607 611 619 627 651 659 667 671 679 687 489 497 505 591 599 607 610 618 626 500 508 516 585 593 60l 540 548 556 581 589 597 527 535 543 527+60 535+60 543+60 629 637 645 546 554 562 639 647 655 639 647 655 611 619 627 611 619 627 611 619 627 580 588 596 519 527 535 611 619 627 611 619 627 86 JOB TITLE SENIOR FLEET EQUIPMENT SUPERVISOR SENIOR GRADING SPECIALIST SENIOR HOUSING SPECIALIST SENIOR LIBRARIAN SENIOR LIBRARY SERVICES ASSISTANT SENIOR LIBRARY TECHNICIAN SENIOR OFFICE ASSISTANT SENIOR OFFICE ASSISTANT (ASSIGNED STENO) SENIOR OFFICE SPECIALIST SENIOR PARK MAINTENANCE SUPERVISOR SENIOR PLANNER SENIOR PLUMBING INSPECTOR SENIOR PLUMBING/MECHANICAL SYSTEMS SPEC. SENIOR POLICE RECORDS SPECIALIST SENIOR POLICE RECORDS SUPERVISOR (T) SENIOR PROGRAMMER ANALYST SENIOR RECEPTIONIST SENIOR RECREATION CENTER DIRECTOR SENIOR RECREATION SUPERVISOR SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST SENIOR SECRETARY (ASSIGNED STENO) SENIOR SYSTEMS ADMINISTRATOR SENIOR WATER MAINTENANCE SUPERVISOR SENIOR WATER SYSTEMS OPERATOR STENOGRAPHIC CLERK (T) STOCK CLERK STOREKEEPER STREET LIGHTING MAINTENANCE WORKER STREET MAINTENANCE SUPERVISOR STREET PAINTER SUPERVISING ACCOUNTANT SUPERVISING ACCOUNTANT ASSISTANT SUPERVISING BUYER SUPERVISING LIBRARIAN SUPERVISING LIBRARY SERVICES ASSISTANT SUPERVISING PARK RANGER SURVEY PARTY CHIEF SURVEY PARTY TECHNICIAN I SURVEY PARTY TECHNICIAN II SURVEY SUPERVISOR SYSTEMS ADMINISTRATOR SYSTEMS SUPPORT ANALYST SYSTEMS TECHNICIAN TELECOMMUNICATIONS COORDINATOR TELECOMMUNICATIONS CUSTOMER SERVICE REP. TENANT SERVICES TECHNICIAN TRAFFIC TECHNICIAN TRANSPORTATION ANALYST Jul-01 Range No. 635 611 592 585 509 540 509 509+60 482 631 661 611 611 519 585 646 527 535 631 611 548+60 618 631 591 515 525 560 560 601 544 651 585 625 613 514 568 624 560 591 672 586 646 526 628 539 527 614 662 Jul-02 Range No. 643 619 600 593 517 548 517 517+60 490 639 669 619 619 527 593 654 535 543 639 619 556+60 626 639 599 523 533 568 568 609 552 659 593 633 621 522 576 632 568 599 680 594 654 534 636 547 535 622 670 Jul-03 Range No. 651 627 608 601 525 556 525 525+60 498 647 677 627 627 535 601 662 543 551 647 627 564+60 634 647 607 531 541 576 576 617 560 667 601 641 629 530 584 640 576 607 688 602 662 542 644 555 543 630 678 87 JOB TITLE TREASURY SERVICES SUPERVISOR TREE MAINTENANCE SUPERVISOR TREE TRIMMER UTILITY INSPECTOR VIDEO TECHNICIAN VISITOR SERVICES COORDINATOR VOLUNTEER SERVICES COORDINATOR WATER MAINTENANCE CREW LEADER WATER MAINTENANCE SUPERVISOR WATER MAINTENANCE WORKER II WATER METER REPAIRER I WATER METER REPAIRER II WATER QUALITY COORDINATOR WATER QUALITY INSPECTOR WATER QUALITY SUPERVISOR WATER SYSTEMS OPERATOR I WATER SYSTEMS OPERATOR II WATER SYSTEMS OPERATOR III WORK CENTER COORDINATOR WORKFORCE SPECIALIST I WORKFORCE SPECIALIST II WORKFORCE SPECIALIST III WORKFORCE SPECIALIST IV ZOO ANIMAL REGISTRAR ZOO CURATOR OF EDUCATION ZOO EDUCATION SPECIALIST ZOO KEEPER AIDE ZOO KEEPER I ZOO KEEPER Il ZOO MAINTENANCE SUPERVISOR Jul-01 Jul-02 Jul-03 Range No. Range No. Range No. 585 593 601 601 609 617 544 552 560 581 589 597 582 590 598 476 484 492 570 578 586 570 578 586 601 609 617 524 532 540 529 537 545 549 557 565 621 629 637 581 589 597 601 609 617 537 545 553 557 565 573 571 579 587 671 679 687 526 534 542 551 559 567 571 579 587 626 634 642 531 539 547 580 588 596 531 539 547 441 449 457 501 509 517 531 539 547 580 588 596 (T) designates a "terminal" class. A position classification that has been designated as "terminal" by formal City Council action will be deleted from the City's Basic Classification and Compensation Plan when vacated by its last remaining incumbent. No new appointments may be made to a class that has been so assigned. 88 Exhibit C RESOLUTION NO. 81-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO EMPLOYER-EMPLOYEE RELATIONS IN THE PUBLIC SERVICE OF THE CITY OF SANTA ANA WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the City to maintain and enhance its administration of employer-employee relations and to protect the public by assuring at all times the orderly and uninterrupted operations and services of City government; and WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of communication between the City and its employees, including provisions for (a) recognizing the rights of employees to join organizations of their own choosing for the purpose of representation on matters affecting employee relations or to represent themselves individually in dealing with the City; and (b) establishing equitable and uniform rules and procedures to provide for the orderly and systematic presentation, consideration and resolution of employer-employee relations matters; and WHEREAS, the City of Santa Ana has met and conferred in good faith with representatives of the Santa Ana City Employees' Association; Santa Ana Police Benevolent Association; Santa Ana Firemen' s Benevolent Association; and the American Federation of State, County and Municipal Employees, AFL-CIO, which are the only employee organizations known to the City to have among their members employees of the City, concerning the rules and regulations for the administration of employer-employee relations set forth herein; and NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as follows: Section 1: Title of Resolution This Resolution shall be known as the "Employer-Employee Relations Resolution of the City of Santa Ana". Section 2: Definitions. As used in this Resolution, the following terms shall have the meanings indicated: APPROPRIATE UNIT - means a unit of employee classes or positions established pursuant to Section 11 of this Resolution. 89 CITY - means the City of Santa Ana, a municipal corporation, and where appropriate herein, "City" refers to the City Council or any duly authorized management employee as herein defined. DAY - means calendar day unless expressly stated otherwise. EMPLOYEE - means any person regularly employed by the City on a full time basis except those persons elected by popular vote. EMPLOYEE, CONFIDENTIAL - means an employee who is assigned to perform work directly involved in the development, preparation or presentation of management positions with respect to employer-employee relations. EMPLOYEE, MANAGEMENT - means any employee having responsibility for formulating, administering or managing the implementation of City policies or programs, including but not limited to, department and assistant department heads, division heads, and professional administrative staff employees employed to render advice and assistance pertaining to the conduct of legal, fiscal, budgetary, personnel management and employer- employee relations affairs of the City. EMPLOYEE, PROFESSIONAL - means a classification of employees engaged in work (a) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; (b) involving the constant exercise of discretion and judgment in its performance; and (c) requiring knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from a general academic education, or from an apprenticeship or from training in the performance of routine, mental, manual or physical processes. EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or effectively to recommend such actions, if in connection with any of the foregoing, the exercise of such responsibility is not of merely routine or clerical nature, but requires the use of independent judgment. EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City; provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or national origin. 90 EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of employer-employee relations designated pursuant to Section 3 hereof, or his duly authorized representative. EMPLOYER-EMPLOYEE RELATIONS - means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and individual employees or employee organizations. GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized employee organization concerning the meaning, application, or enforcement of any of the provisions of the City's Employer-Employee Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal procedure is not otherwise provided, or is not specifically withheld, by civil service rule, ordinance, resolution, charter provision, or memorandum of understanding. IMPASSE - means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences concerning matters on which they are required to meet and confer, remain so substantial that further meeting and conferring would not be likely to result in an agreement. MEDIATION OR CONCILIATION - means the efforts of an impartial third person or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms. MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or "meeting and conferring") - means the performance by duly authorized City representatives and duly authorized representatives of a recognized employee organization of their mutual obligation personally to meet and confer in good faith promptly upon the request of either party and continue for a reasonable period of time in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the City of its final budget for the ensuing year. This does not require either party to agree to a proposal or to make a concession. MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement between the City and a recognized employee organization reached through meeting and conferring. PEACE OFFICER - means an employee of the Santa Aha Police Department whose principal duties consist of active law enforcement and who is designated as a "peace officer" as that term is defined in Section 830, California Penal Code, except that, for 91 purposes of this Resolution only, "peace officer" does not mean a park patrolman, security guard or a member of the fire department, whether the latter be serving as a member of an arson investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the status of peace officer for purposes other than that of this Resolution. RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been granted formal recognition by the Employee Relations Officer as the employee organization which has the right to meet and confer in good faith as the majority representative of all members of an appropriate representation unit pursuant to Section 11 hereof, except those employees in such unit who have exercised their right not join an employee organization and who choose to represent themselves individually with the City, or has been designated through a secret ballot election as the exclusive representative of the employees in an appropriate representation unit pursuant to Section 11 of this Resolution. SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Section 3: Designation of the City's Employee Relations Officer The City Council hereby designates the City Manager as the Employee Relations Officer who shall be the City's principal representative on all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation, and to administer all provisions of this Resolution and the employee relations rule and procedures adopted pursuant thereto. The Employee Relations Officer is authorized to delegate his duties and responsibilities. Section 4: Meet and Confer in Good Faith - Scope City representatives and representatives of formally recognized employee organizations having exclusive representation rights, have the mutual obligation personally to meet and confer in good faith in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the City of its final budget for the ensuring year. The City shall not be required to meet and confer in good faith on a subject preempted by Federal or State law or by the City Charter. Section 5: Notice 92 The City will give reasonable written notice to each recognized employee organization affected by any ordinance, nde, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City, and each such organization shall be given the opportunity to meet and confer with the Employee Relations Officer prior to such adoption. In cases of emergency when the City determines that an ordinance, rule, resolution, or regulation relating to matters within the scope of representation must be adopted immediately without prior notice or meeting with recognized employee organization, the Employee Relations Officer shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Section 6: Petition for Recognition An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: Name mad address of the employee organization. Names and titles of its officers. Names and titles of employee organization representatives who are authorized to speak on behalf of the organization. A statement that the employee organization has, as one of its primary purposes, representing the employees in their employment relations with the City. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or intemational organization, and, if so, the name and address of each such regional, state or international organization. Certified copies of the employee organization's constitution and bylaws, including all amendments thereof. A designation of those persons, not exceeding three in number, and their addresses, to whom sent by first class or certified United States mail will be deemed sufficient notice on the employee organization. A statement that the employee organization is cognizant of the provisions of Section 3509 of the Meyer-Milias-Brown Act. 93 A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or national origin. A description of the composition of the unit or units claimed to be appropriate, including the job classifications of employees and the number of member employees therein, as well as a statement of reasons why the unit or units is or are considered to be appropriate. A statement that the employee organization has in its possession written proof, dated by the signer within six (6) months of the date upon which the petition is filed, to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be made in such language and form as the Employee Relations Officer shall prescribe and shall be submitted for confirmation to the Employee Relations Officer to a mutually agreed upon disinterested third party. Notwithstanding the above, the Employee Relations Officer, in his sole discretion, may accept employee dues deduction authorization, using the payroll register for the period immediately preceding the date of filing of a Petition of Recognition, as proof of employee support for the petitioning organization, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization, unless it can otherwise be shown that the dues deduction for the petitioning organization is the only one which provides full membership rights and privileges, including the right to vote. A request that the Employee Relations Officer recognize the petitioning employee organization as the Recognized Employee Organization representing the employees in the unit(s) claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation. The Petition, including all accompanying documents, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. The Employee Relations Officer may require additional information as required by this Resolution to be included in the Petition. The Employee Relations Officer shall give prompt written notice of the filing of a Petition to any recognized employee organization affected thereby. Section 7: City Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall within ten (10) days determine whether: There has been compliance with the requirements of the Recognition Petition; and 94 The proposed representation unit is an appropriate unit in accordance with Section 11 of this Resolution. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall within ten (10) days after making said determination, inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall meet and discuss the matter with such petitioning employee organization, and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 13 of this Resolution. Section 8: Open Period for Filing Challenging Petition(s) Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition Petition(s) for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the Recognition Petition being challenged), by filing a petition(s) evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 6 of this Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate un/t, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 11 of this Resolution. The petitioning employee organizations shall have fifteen (I 5) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 13 of this Resolution. Section 9: Election Procedure. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s) in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed full time in regular, 95 permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an election or runoff election if it received a numerical majority of ail vaiid votes cast in the election. If an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoffelection shall be conducted between the two choices receiving the largest number of valid votes cast (that is, either between two employee organizations, or one employee organization and no representation); the roles governing an initiai election being applicable to a runoff election, except that the runoff election shall be held within fifteen (15) days following the certification of the initial election results. There shall be no more than one vaiid election under this Resolution pursuant to any petition in a 12 month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Conciliation Service. Costs of conducting elections shail be borne in equal shares by the City and by each employee organization appearing on the ballot. In cases where a Memorandum of Understanding between the City and an employee organization is in effect on the effective date of this Resolution, it shall be presumed for the duration of the Memorandum of Understanding that the unit set forth in the Memorandum of Understanding is appropriate and that the employee organization is the majority representative of the employees covered therein. Unless a petition is filed pursuant to Section 12 below, it shail be presumed that when said Memorandum of Understanding terminates the employee organization shall continue to be a majority representative of employees covered by said Memorandum of Understanding for the purposes of meeting and conferring regarding matters within the scope of representation; provided, however, the employee organization flies with the City the information required by Section 6(a), 1 through 13 of this Resolution. Nothing contained herein shall preclude an employee organization fi.om filing a petition for recognition pttrsuant to Section 6 or Section 10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981. Section I0: Procedure for Decertification of Recognized Employee Organization. A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of January of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the termination date ofa Memorandtan of Understanding then having been in effect less than three (3) years, whichever occurs later. 96 A Decertification Petition may be filed by employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: The name, address and telephone number of the petitioner and a designated representative authorized to receive notices of requests for further information. The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be decertified as the representative of that unit. An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. Proof of employee support that a majority of the employees in the established appropriate unit no longer desires to be represented by the inctanbent Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. The Employee Relations Officer can only accept those petitions which 1) request decertification of the current formally recognized employee organization and 2) do not request to carve out another unit from the already established appropriate unit. An employee organization may file a Petition under this Section in the form of a Recognition Petition that conforms to the requirements of Section 6 of this Resolution in satisfaction of the Decertification Petition requirements hereunder. The Employee Relations Officer shall initially determine whether the Decertification Petition or Recognition Petition, if any, have been filed in compliance with the applicable provisions of this Resolution. If his determination is in the negative, he shall offer to consult thereof with the representative(s) of such petitioning employees or employee organization, and if such determination thereafter remains unchanged, shall return such Petition(s) to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 13 of this Resolution. If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he shall give written notice of such Decertification of Recognition Petition to the incumbent Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees 97 as to the question of decerfification, and if an accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbent Recognized Employee Organization is voted, the question of representation. Such election shall be conducted in conformance with Section 9 of this Resolution. The cost of any election proceeding under the provisions of this Section shall be borne entirely by the employee organization(s) challenging the incumbent recognized employee organization. An employee organization which displaces another employee organization as a formally recognized employee organization following an election conducted pursuant to this Section shall assume any existing Memorandum of Understanding then in effect as a condition of recognition and said Memorandum of Understanding shall remain in full force and effect for the balance of the term thereof. Section 11: Policy and Standards for Determination of Appropriate Units The basic policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on 1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public and 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. The effect of the proposed unit on efficient operations of the City and the compatibility of the unit with the responsibility of the City mhd its employees to serve the public. The effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units. Effect on the classification structure and impact on the stability of the employee relationship of dividing a single or related classification among two or more units. Notwithstanding the foregoing, management employees shall only be included in a unit consisting solely of management employees and confidential employees shall be included 98 in a unit consisting solely of confidential employees. When the City establishes new classifications or positions, or modifies the job content of an existing classification or position, the Employee Relations Officer shall, after notice to and consultation with all affected employee organizations, determine which, if any, representation unit shall include such new or modified classification(s) or position(s). Section 12: Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section I 0 of this Resolution. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 6 of this Resolution, shall contain a complete statement o fall relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 11 hereof. The Employee Relations Officer shall process such petitions as other Recognition petitions under this Resolution. The Employee Relations Officer may on his motion propose, during the period specified in Section 10 of this Resolution, that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 of this Resolution, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer=s determination may be appealed as provided in Section 13 of this Resolution. Ifa unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new appropriate unit or units pursuant to Section 6 hereof. Section 13. Appeals. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Resolution may, within ten (10) days of notice thereof, appeal such determination to the City Council for final decision. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 6); Challenging Petition (Section 8) or Decertification Petition (Section 10) or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 10) has not been filed in compliance with the applicable provisions of this Resolution, may, within fifteen (15) days of notice of such determination, appeal the determination to the City Council for final decision. 99 Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal, and shall render a final and binding decision regarding the resolution of the disputed issue(s) raised by the appeal after each party involved has been given an opportunity, during a public meeting, to present written and oral arguments in support of their respective positions and, if the City Council so desires, after any future investigation or review of the matter as it may deem appropriate. The City Council, may, in its discretion, refer the dispute to a third party hearing process for the purpose of seeking an advisory determination prior to making its final decision regarding the resolution of the dispute. Section 14: Submission of Current Information b.z Recognized Employee Organizations All changes in the information filed with the City by a Recognized Employee Organization under Items 1 through 13 of its Recognition Petition under Section 6 of this Resolution shall be submitted in writing to the Employee Relations Officer within fifteen (15) days of such change. Section 15: Payroll Deductions on Behalf of Employee Organizations Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by Recognized Employee Organization on forms provided therefore by the City. The providing of such service to the Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memorandum of Understanding and/or applicable administrative procedures. Section 16: Employee Organization Activities B Use of City Resources Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memorandum of Understanding and/or administrative procedures; shall be limited to activities pertaining directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections; and shall not interfere with the efficiency, safety and security of City operations. Section 17: Administrative Rules and Procedures The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after 100 consultation with affected employee organizations. Section 18: Initiation of Impasse Procedures If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on ail disputed issues. An impasse meeting shail then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shail be: To identify and specify in writing the issue or issues that remain in dispute; To review the position of the parties in a finai effort to resolve such disputed issue or issues; and If the dispute is not resolved, to discuss arrangement for the utilization of the impasse procedures provided herein. Section 19: Impasse Procedures Impasse procedures are as follows: If the parties so agree, the issue or issues at impasse shail be submitted directly to the City Council for determination. If they do not agree within seven (7) days following the conclusion of the impasse meeting set forth in Section 18 above, either party may submit the impasse to mediation. All mediation proceeding shail be private and the mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If the parties are unable to agree on a mediator after a reasonable period of time, they shail select the mediator from a list of three names to be provided by the State Conciliation Service, or if that agency for any reason shall fail to provide such list, by the American Arbitration Association. Upon receipt of such list, the parties shall alternately strike names from the list until a single name remains who shail become the mediator. The priority of striking names shall aitemate from one party to the other each time impasse procedures are invoked by the same parties. The employee organization or the City shall commence this process in an order determined by lot striking the first name from such list of names in any initial mediation. The cost of the mediator, if any, shall be shared equally by both parties. 101 If the parties have failed to resolve all their disputes through mediation within fifteen (15) days after the mediator commenced meetings with the parties, the parties may agree to submit the issues in dispute directly to the City Council. In that event, the City Council shall finally determine the issues after conducting a public hearing thereon and after such further investigation of the relevant facts as it may deem appropriate. If the parties have exhausted the mediation process, the matter shall be submitted to the City Council for resolution. Section 20: Construction This Resolution shall be administered and construed as follows: Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law or City Charter provisions. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial stoppage or slowdown of work or any other interference with the conduct of the City's operations. Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding between any employee organization and the City in effect on the effective date of this Resolution. All such agreements shall continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of the parties thereto. Whenever written notice is required by this Resolution, such notice shall deem to have been received on the day immediately following the day on which it was mailed (excluding Saturdays, Sundays, and holidays on which the offices of the City are closed) provided the same was sent by first class or certified mail, postage prepaid to the City at 20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its last address furnished to the City. Section 21: Severabilitg In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such portion to any person or circumstance, shall be held invalid by a decision of any court of competent jurisdiction, the remainder of this Resolution, or the application 102 of such portion to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or more sections, subsections, sentences, clauses or phrases be declared invalid. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution shall be operative from and after May 18, 1981. ADOPTED this 18th day of May, 1981, by the following vote: AYES: Acosta, Bricken, Oriset, Luxembourger, Markel, McGuigan, Serrat 103