HomeMy WebLinkAboutSANTA ANA POLICE MANAGEMENT ASSOCATION (3) - 2003A-2003-270
2003-2004
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
AND
SANTA ANA POLICE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
ARTICLE
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VI1
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
EXHIBIT A
EXHIBIT B
SUBJECT
Recognition
Non-Discrimination Clause
Attendance, Workday, Workweek and Work Schedule
Salaries
Assignment and Other Special Pay Additives
Training and Educational Assistance Program
Overtime
Holidays
Vacation
Other Leaves of Absence
Employee Insurance
Deferred Compensation
Retirement
Credit Union Deduction
Expanded Residency
Controlled Parking and Take Home Vehicle Privileges
Discipline
Grievance Review Procedure
Dues Deduction and Indemnification
City Rights
Strikes and Work Stoppages
Sole and Entire Agreement
Waiver of Bargaining During The Term of Agreement
Separability Provision
Term of Agreement
Ratification and Execution
Salary Schedule Matrix
Assignment of Classes Represented By The Santa Ana
Police Management Association To Salary Rate Ranges
For Fiscal Year 2003-04
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ARTICLE I
1.0 RECOGNITION
1.1
Pursuant to the provision of the Meyers-Milias-Brown Act, Government Code Section 3500,
e_!t seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana
Police Management Association (hereinafter called the "Association") as the recognized
representative of the bargaining unit which includes Police Department employees in the
classifications of Police Records Manager, Policy Property & Facilities Manager, Police
Communications Manager, Police Lieutenant and Police Captain.
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1
The City and the Association agree that they shall not discriminate against any employee
because of race, color, sex, age, national origin, sexual orientation, political or religious
opinions or affiliations. The City and the Association shall reopen any provision of this
Agreement for the purpose of complying with any order of a Federal or State agency or court
of competent jurisdiction requiring a modification or change in any provision or provisions
of this Agreement in compliance with State or Federal anti-discrimination laws.
2.2
Whenever reference is made to the masculine gender, it shall be understood to include the
feminine gender, unless expressly stated otherwise.
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ARTICLE III
3.0 ATTENDANCE, WORKDAY, WORKWEEK & WORK SCHEDULE
3.1
Attendance. Employees covered by this Agreement shall be in attendance at their work
during hours prescribed by the Police Chief or his designee(s) and shall not absent
themselves during prescribed hours without authorization.
3.2 Alternative Work Schedule.
A. All represented employees, except Lieutenants assigned as Watch Commanders,
shall work a 9/80 work schedule. Employees assigned to the 207(k) 9/80 work schedule shall
work either five (5) nine-hour workdays in the first seven (7) day span and three (3) nine-hour
and one (1) eight-hour workdays in the second seven (7) day span, or alternatively three (3) nine-
hour workdays and one (1) eight-hour workday in the first seven (7) day span and five (5) nine-
hour workdays in the second seven (7) day span. Each nine (9) hour workday shall consist of
nine (9) hours of work and thirty (30) minutes tmpaid mealtime. The eight (8) hour workday
shall consist of eight (8) hours of work and thirty (30) minutes of unpaid mealtime.
Police Lieutenants assigned to the Field Operations Division as Watch
Commanders will continue to be assigned to a 3/12 - 4/12 work schedule. The
minimum work day for these employees will consist of 11 hours and 30 minutes
of work, with 30 additional minutes for meals. A minimum work period shall
consist of two (2) consecutive weeks, with three (3) shifts of 11 hours and 30
minutes in one (1) week and four (4) shifts of 11 hours and 30 minutes in the
second week.
For purposes of computing holiday, vacation, and sick leave accruals, an eight (8) hour
day shall be the basis for computation.
ARTICLE IV
4.0 SALARIES
4.1
Basic Compensation Plan. There is hereby established a basic compensation plan for all
members of the Santa Ana Police Management Association who are now employed or will
in the future be employed in any of the designated classifications of employment listed in this
Agreement and its attachments.
4.2
Salary Schedule. The basic salary schedule, attached hereto in a matrix form as Exhibit A,
is comprised of four (4) steps or rate ranges of pay for sworn (CalPERS "Safety") employees
and five (5) steps or rate ranges of pay for non-sworn (CalPERS "Miscellaneous")
employees.
The steps within each range are identified by the letters "A" through "D" inclusive for sworn
(CalPERS "Safety") classifications and "AA" through "D" inclusive for non-sworn (CalPERS
"Miscellaneous") classifications, with Step "A" being the lowest step for sworn (CalPERS
"Safety") and Step "AA" being the lowest step for non-sworn (CalPERS "Miscellaneous")
classifications.
The assignment of classes to salary rate ranges during the term of this Agreement is listed
in Exhibit "B", which is attached and made a part hereof as though set forth herein.
4.3 Salaries.
Effective July 1, 2003, the base salaries of employees covered by this Agreement
shall be increased by eight (8) salary rate ranges, which is approximately 4%.
The parties agree that the City may, at its sole discretion, alter its payroll practices to
eliminate the salary and wage step increases system as set forth in its current payroll
matrix, Exhibit "A" to this Agreement, and replace them with an equivalent
percentage system. For example, a five (5) salary rate range increase would not be
computed as set forth on the current matrix, but would instead be exactly 2.5%,
rounded up to or down to the nearest penny. This system would apply to all salary
increases as set forth in this Agreement, including Article IV ("Salaries"), Article V
("Assignment and Other Special Pay Additives") and Exhibit A. There shall be no
negative consequences to any represented employee by such conversion.
C. The City agrees, during the term of this Agreement, to the following:
To maintain thirty-four (34) salary rate ranges (17%) between the classes of
Police Captain and Police Lieutenant; and
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Effective July 1, 2002, employees will contribute one-half percent (.5%) of
their base salary plus pay additives through payroll deduction to a fund
maintained by the City of Santa Ana for the purpose of providing retiree
health insurance premium reduction assistance. This payroll deduction for
retiree health insurance premium reduction assistance will continue until such
time as the parties may mutually agree to end said deduction.
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 was eliminated, effective November l, 2001.
4.4
Application of Basic Compensation Plan. All employees working in classifications of
employment covered by this Agreement shall be compensated at a monthly rate, as set forth
in Exhibit B.
4.5
Beginning Rates. An employee appointed to one of the designated sworn (CalPERS
"Safety") classifications of employment listed in this Agreement may be placed by the
appointing authority at Step "A," Step "B," or Step "C" within the applicable rate range in
the schedule to which the class has been allocated by Resolution of the City, provided that
such employee shall be assigned such salary step upon the commencement of his or her
service in said classification and such assignment having once been made shall remain in
effect until the said employee shall be entitled to advance to the next salary step in
accordance with the further provisions of the Article.
An employee appointed to one of the designated non-sworn (CalPERS "Miscellaneous")
classifications of employment listed in this Agreement may be placed by the appointing
authority at Step "AA," Step "A," Step "B," or Step "C," within the applicable salary rate
range as provided above.
4.6
Service. The word "service" as used in this Agreement shall be deemed to mean continuous,
full-time service in the classification in which the 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 ten (10) calendar days by
reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of
service time of such employee for the purpose of this Agreement and any such employee
reentering the service of the City shall be considered as a new employee, except that he or
she ma3' be reemployed within two (2) years 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 leaving City service
altogether and not movement within City employment by way of transfer, promotion, or
demotion between and among any City departments.
4.7
Advancement Within Ranges. The following regulations shall govern salary advancement
within rate ranges:
For any employee covered by this Agreement who has been initially appointed to a
step lower than Step "D," advancement to the next higher step (Step "A" from Step
"AA," Step "B" from Step "A," or Step "C" from Step "B," or Step "D" from Step
"C," respectively) shall be granted for continued satisfactory and efficient service by
said employee in the effective performance of the duties of his or her position. The
effective date of an increase from Step "AA" to Step "A," if granted, shall be the first
(I st) day of the month fbllowing the completion of six (6) months of service at Step
"AA." The effective date of such step increase from Step "A," Step B," and Step "C,"
if granted, shall be the first (1 ~t) day of the month following the completion of one (1)
year of service at the step which said employee is being advanced.
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 efficiency or performance report required to
be made on the employee by the Civil Service Rules and Regulations and/or
the City Manager during the period of service time of such employee
subsequent to his or her last salary advancement.
The Police Chief, at least twenty (20) calendar days prior to the anticipated
completion of such employee's required length of service, shall file with the
City Manager a statement recommending the granting or denial of the step
increase and supporting such a recommendation with specific reasons
therefore. The employee shall be notified of the reasons therefore.
No advancement in salary above the lowest step in the salary rate range of the
designated classification shall become effective until approved by the City
Manager, except when placement on a salary step above the lowest step in the
applicable salary rate range results from promotion under the provisions of
Section 4.8 of this Article.
When any such employee has not been approved for advancement to the next higher
salary step, he or she may be reconsidered for advancement to the next higher step
above his or her then current step after the completion of three (3) months of
additional service and shall be reconsidered for such advancement after the
completion of six (6) months of additional service.
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4.8
Promotional Salary Advancement. When an employee is promoted to a position in a higher
classification from a position in a lower classification, he or she shall be reassigned to the
lowest step in the appropriate salary rate range for the higher classification that gives the
employee a minimum increase of one (1) salary step (approximately 5%) over his or her
current base salary step exclusive of any pay additive or additives such as shifi differential,
assignment pay, special skill pay or the like.
4.9
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) step.
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.
4.10
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
in the prior rate range and shall retain credit for length of service in such step towards
advancement to the next higher step.
ARTICLE V
5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
5.1
Bilingual Assignment Pay. An employee who speaks both English and either Spanish,
Samoan, Vietnamese or other languages designated by the Police Chief, will be paid a
monthly assignment pay differential in accordance with the criteria and amounts set forth
below:
Any Police Captain or Police Lieutenant who has been certified by the Executive
Director of Personnel Services as having satisfactorily demonstrated conversational
fluency in both languages shall be paid a monthly differential of one hundred fifty
dollars ($150) above his or her then current base monthly salary step.
Any other member of this bargaining unit who works in a position where it has been
determined by the Police Chief that bilingual proficiency is essential to carry out
duties and responsibilities of a critical and/or emergency nature without ready access
to backup assistance, or positions where bilingual public contact is a major and
essential element of the work being performed shall be paid a monthly differential
of one hundred fifty dollars ($150) above his or her then current base monthly salary
step, upon certification by the Executive Director of Personnel Services that this
person has satisfactorily demonstrated conversational fluency in both languages.
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6.1
6.2
ARTICLE VI
6.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
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.
Eligibility.
Application for tuition reimbursement will be considered only from full-time, regular
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 the G.I. Bill, scholarships, etc.
Applications will be approved only for courses directly related to the employee's job
or directly related to a promotional position in the employee's occupational
speciality.
Courses not ostensibly related to the employee's job, but which are required to
qualify for a degree that is directly related to his j ob, may be reimbursable only after
all required, occupationally-related courses have been completed. (For example, a
Fire Engineer is a candidate for an A.A. Degree in Fire Science and has completed
all coursework directly related to his fire suppression duties. A course in American
History is required for the degree. The history course may qualify for tuition
reimbursement because the degree can be related to the employee's job).
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
and certain non-collegiate training seminars approved by the Police Chief. Other
I1
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
Police Department with prior approvaI of the Police Chief.
6.3 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. If, however, an employee is required
by the Police Chief to attend a particular course or seminar, the expense shall be
borne entirely by the Department.
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
Department library prior to the commencement of coursework; and
That any textbook(s) purchased by the City shall be submitted to the
employee's Departmental library in order that such text(s) may be made
available to all employees.
Tuition and registration costs are eligible for one hundred percent (100%)
reimbursement up to a maximum of two thousand dollars ($2,000) per year per
(including non-P.O.S.T, reimbursable courses and approved non-collegiate seminar
training courses).
Reimbursement for non-collegiate seminar training courses require the prior approval
of the Police Chief and shall be limited to two (2) such courses per year and a
maximmn of $500 per course.
Employees shall be limited, for purposes of tuition reimbursement, to a maximum
of two (2) collegiate level courses of not more than a total number of units which
is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall
equal two-thirds (2/3) of one (1) "semester" unit.
6.4 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 the Police Chiefi
I2
The Police Chief will recommend approval or disapproval and forward the
application to the Personnel Services Department.
The Executive Director of Personnel Services will approve or disapprove the
application for the City. One (1) 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 prior to the inception of the
course or disbursement of personal funds in order to ascertain the eligibility of the
intended course of instruction for reimbursement under the provisions of this policy.
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 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 Executive Director
of Personnel Services will compute the amount of reimbursement, authenticate the
application and forward it to the Police Chief.
The Police Chief will then authorize the Finance and Management Services
Department to reimburse the employee the approved amount of the budget of the
Police Department.
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ARTICLE VII
7.0 OVERTIME
7.1
Compensation for Overtime. Employees in any of the designated classes of employment
listed in this Agreement are not eligible for monetary compensation for overtime work or for
compensatory time off with pay for overtime work, unless so required by the Fair Labor
Standards Act, or any other State or Federal laws.
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8.1
8.2
ARTICLE VIII
8.0 HOLIDAYS
Legal Holidays observed by full-time permanent and probationary employees of the City of
Santa Ana are as follows:
A. January 1 ~ - New Year's Day
B. Third (3rd) Monday in January - In observance of Martin Luther King, Jr.'s Birthday
C. Third (3rd) Monday in February - In memory of George Washington's Birthday
D. Last Monday in May - In commemoration of Memorial Day
E. July 4th - In observance of Independence Day
F. First (Ist) Monday of September - In observance of Labor Day
G. November 11th - In observance of Veteran's Day
H. Fourth (4~h) Thursday in November - In observance of Thanksgiving Day
I. The Friday immediately following Thanksgiving Day
J. 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.
K. December 25th - In observance of Christmas Day
L. One (I) Floating Holiday - Any workday selected by the employee with prior
permission of the employee's supervisor.
M. Every day proclaimed by the Mayor of the City as a holiday for City employees. Any
holiday which falls on a Sunday will be observed on the following Monday. Any
holiday which falls on a Saturday will be observed on the Friday preceding the
holiday.
Full-time permanent and probationary employees covered by this Agreement shall be entitled
to receive twelve (12) working days off during the calendar year in lieu of the holiday
benefits specified in Section 8.1, supra. However, employees with alternative work
schedules shall be credited with 96 hours of Holiday Time at the beginning of every calendar
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8.3
8.4
8.5
8.6
year in lieu of twelve (12) holidays in the year.
Said substitute holidays may be taken at any time during the calendar year with prior
permission of the employee's supervisor and subject to the operational needs of the
Department. However, if an employee who separates from the service of the City has taken
time off for holidays in advance of the date or day the holidays actually occur, he or she must
pay the City the cash value for such used but unearned holiday time off benefits prior to or
at the time of separation.
A newly appointed employee must actually work at least one (1) day preceding the day a
holiday listed in Section 8.1, 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 8.1 above.
Holiday time off may be only taken in increments equal to that individual employee's "work
day".
Holiday benefits may not be carried over from one (1) calendar year to the next.
Holiday Cash Option. Employees covered by this Agreement will be given an option
each calendar year to receive cash compensation computed on a straight time basis in lieu
of 80 hours of their holiday leave benefits set forth in Section 8.2 above. This option may
only be exercised in lieu of either Vacation Pay Option, as defined in either Article 9.6 or
9.7, respectively, contained herein.
Such cash option may be eliminated or modified to the extent it is construed as overtime
under Department of Labor Guidelines implementing provisions of the Fair Labor
Standards Act.
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ARTICLE IX
9.0 VACATION
9.1
9.2
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 wiI1 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 120 hours for each completed year of service, accrued at the
rate often (10) working hours for each completed month of service.
Vacation time off may be taken in increments as small as one (1) hour, with
fractional usage rounded upward to the next higher multiple of one (1).
C. Computing 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 so
that one (1) additional day of regular vacation shall be allowed to the
employee. 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 Police Chief, may
be deducted from the computation of vacation expended and charged against
the employee's accumulated sick leave.
No employee may carry over t¥om one (1) calendar year to the next, more
than the equivalent of 240 hours of regular vacation 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.
Employees may or may not be allowed or required to accumulate or split
vacations. The time at which an employee shall take his or her vacation shall
be determined by seniority within rank, with due regard for the needs of the
service.
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9.3
Longevity Vacation.
In addition to regular vacation, each employee is granted longevity vacation with pay
for each completed year of full-time, continuous City service as set forth in the
following table.
Completed Additional
Years Days
Hourly Equivalent of
Additional Days
6 ½ 4
7 I 8
8 1 ½ 12
9 2 16
10 2 ½ 20
11 3 24
12 3 ½ 28
13 4 32
14 4 ½ 36
15 5 40
16 6 48
17 7 56
18 8 64
19 9 72
20 10 80
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 service does not apply toward longevity vacation accumulation
when an employee has had a break in continuous service, unless the break in service
is concluded by reappointment, as provided in Section 9-114 of the Civil Service
Rules and Regulations, or by reemployment from layoff within two (2) years.
Leave of absence without pay, as provided in Article X, Section 10.1E (Sick Leave -
Extended) and Section 10.8 (Authorized Absence Without Pay - Long Term) herein,
does not constitute a break in continuous service as used in this section; however, the
leave of absence period shall not be applied toward the accumulation of longevity
vacation. Absence on military leave followed by reinstatement, as provided in
Section 9-143 of the Civil Service Rules and Regulations, does not constitute a break
in service, and the period of absence on such military leave shall be applied toward
the accumulation of longevity vacation.
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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 120 hours of longevity vacation plus the combined
equivalent of 120 hours from the previous two (2) years. Any 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. Under extenuating
circumstances, the Chief, may at his/her discretion, grant an employee a thirty (30) day
extension during which to take this vacation. This extension provision will be limited to two
(2) consecutive years.
9.5
Excess Usage. If vacation time off is used in excess of that available, such excess vacation
time off will be deducted from the next scheduled salary payment.
9.6
Vacation Pay Options. Affected employees shall be given the option once each fiscal year
to receive cash compensation, computed on a straight time basis, in lieu of up to five (5)
working days of earned, unused vacation leave benefits set for in Sections 9.2 and 9.3 of this
Article.
9.7
Management Vacation Benefit. All employees represented by this unit will be granted an
additional 40 hours of vacation per calendar year over the regular and longevity vacation
schedules. Employees may accrue a maximum of 200 hours of such additional vacation.
Employees must take at least five (5) consecutive days of vacation each year.
In addition to the vacation pay options as set forth in Section 9.6 above, affected employees
who take an additional (second) set of five (5) consecutive days of vacation leave during the
year shall be given the option to receive cash compensation, computed on a straight time
basis, in lieu of up to five (5) working days of earned, unused vacation leave benefits set
forth in this Article.
The Vacation Pay Options defined in Articles 9.6 and 9.7, respectively, may only be
exercised in lieu of the Holiday Cash Option, set forth in Article 8.6 contained herein.
9.8
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 for
vacation accrual purposes.
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ARTICLE X
10.0 OTHER LEAVES OF 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 or injury that prevents the
employee from performing the duties of his or her position, and shall be deemed to
include time in quarantine resulting from exposure to a contagious disease.
Accrual. Each employee shall be entitled to, and shall earn, one (1) working day of
sick leave for each full calendar month of service in which he is employed by the
City with full pay; provided, however, any absence on sick leave for a period of time
greater than fifteen (15) consecutive calendar days in any one (1) calendar month
shall not be considered to be service entitling an employee to earn 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 it is not used. Notwithstanding the
foregoing, an employee on leave of absence for service-connected illness or injury
who is covered by the provisions of Labor Code Section 4850, shall continue to
accumulate one (1) day of sick leave for each full calendar month of service for
which he or she is employed by the City with full pay during said absence for service-
connected illness or injury.
Authorized Only When Necessary. Sick leave is not a right which an employee may
use at his or her discretion, but shall be allowed only in cases of necessity and actual
sickness or disability, or as authorized in Subsection J below.
When an accepted industrial illness or injury has caused a non-sworn 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 (4~h) day when the City pays the employee
workers' compensation benefits for such illness or injury, lfthe 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 o fall advanced sick leave, the City will deduct the unrecovered cost
of sick leave from such terminated employee's final paycheck, to the extent possible.
2O
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 1,600 hours.
Sick leave usage of less than a full day shall be charged in minimum increments of
one (1) hour, with fractional usage rounded upward to the next higher multiple of one
(1).
Extended. The City Manager may grant leave up to six (6) months without pay to an
employee who has exhausted all of his 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 employment within a six (6) month period.
Prior to the expiration of the additional time, the employee may return to his position
provided that the employee has a certificate from a licensed physician stating that the
employee is able to perform all the duties of his 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 Vacation. After an employee's sick leave has been exhausted,
he or she may be granted permission to take any earned vacation he or she may have
accrued.
Notice. The employee taking sick leave shall notify his or her immediate supervisor
as established by the Police Department regulations. When the absence is more than
three (3) consecutive working days, the employee must present to the Police Chief
a physician's certificate stating 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 Personnel Services Department 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
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.
21
Excess Usage. If sick leave is used in excess of that due and available to an
employee, such excess sick leave will, first, be deducted from any available vacation
leave benefit; finally, deducted from the next scheduled salary payment.
Personal 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; and "parent" means a biological, foster, adoptive
parent, a stepparent, or a legal guardian.
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 home or other valuable property; or
(d) when the existence of external circumstances beyond the employee's control
make it impractical 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.
K. 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 with less than twenty-five (25) years of cumulative
full-time service with the City shall be entitled to payment for one-third (1/3)
of the total sick leave benefit credited to his or her account upon the effective
date of such termination, not to exceed a maximum limit of 427 hours at the
rate of pay effective on the date of such termination. The payment formula
for unused sick leave for affected qualified employees with twenty-five (25)
years or more cumulative full-time service shall be increased to two-thirds
(2/3) of the total sick leave benefit credited to the employee's account upon
the effective of such termination, not to exceed a meuximum limit of 1,600
hours at the rate of pay effective on the date of such termination.
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 two-thirds (2/3) of the total
sick leave benefit credited to the employee's account at the time of his or her
22
10.2
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 when the sum 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.
Premiums will first be paid out of the lump sum amount contributed by the
employee and then out of the amount contributed by the City. If the retired
~brmer employee dies before exhausting the full amount of his or her lump
sum contribution, the unused portion of such contribution shall be recovered
to cash and distributed to the retiree's designated beneficiary.
Except in cases of disability retirement, upon nondisciplinary termination of
employment after fifteen (15) years of cumulative full-time service with the
City, each qualified employee shall be entitled to payment for two-thirds (2/3)
of the total sick leave benefit credited to his or her account upon the effective
date of such termination to be applied toward employee and his or her
designated eligible dependents' health insurance premiums under the health
insurance program maintained by the City.
Bereavement Leave. An employee shall be granted up to three (3) days leave without loss
of pay in case of death ora member of the employee's immediate family. For 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/her specific workday schedule. Such leave is designated
as bereavement leave. "Immediate family" as used in this section is limited to:
A. Any relative by blood or marriage who is a member of the employee's household;
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 as a result of such relative's death, the employee's presence is
required.
10.3 Military Leave.
A. Proof of Orders mid Reinstatements. An employee shall be granted military leave if
23
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 9-143 of the Civil Service Rules and Regulations of the City of Santa Ana.
Temporary. Members of the reserve forces of the United States or the National
Guard, granted temporary leave when ordered to duty, in accordance with the
Military and Veterans Code, will be granted leave with pay not to exceed thirty (30)
calendar days in each calendar year after one (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 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
the Police Chief 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.
I0.5
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 offbenefits.
10.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be
considered cause for dismissal.
10.7
Authorized Absence Without Pa,/- Short Term. Absence without pay not to exceed five (5)
consecutive working days, may be authorized by the Police Chief. Absence without pay not
to exceed fifteen (15) calendar days may be authorized by the Department with the approval
of the City Manager. Such an absence may be authorized only if in the judgment of the
Police Chief it serves the best interest of the City.
10.8
Authorized Absence Without Pa,/- Long Term. Upon receipt of a written request from an
employee having permanent status plus action by the Police Chief 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 Police Chief 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) months' period or a shorter period of the full six (6) months
if not taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore
the employee to his or her former position.
24
10.9 Industrial Leave.
I0.10.
lO.1I
Each "safety member" employee covered by the provisions of Labor Code Section
4850 who is compelled to be absent from duty because of an illness or injury covered
by the State of California Workers' Compensation Insurance and Safety Act shall,
in lieu of temporary disability compensation payable under the aforementioned Act,
continue to be paid his or her normal salary and accrue other benefits in accordance
with the provisions of Labor Code Section 4850.
Any period of time during which an employee is required to be absent from his or her
position by reason of an industrial injury or industrial illness for which he or she is
entitled to receive compensation shall not be considered a break in continuous service
for the purpose of his or her right to salary adjustments or to the accrual of vacation,
seniority and any other benefits.
Administrative Leave Policy. The City Manager is authorized to grant, at his discretion, paid
or unpaid administrative leave for employees covered by this Agreement.
Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of catastrophic non-industrial medical
condition or injury, the City and Association agree to implement a Catastrophic Leave
Donation procedure.
Nothing herein shall be construed to alter City policies and procedures as provided in the
Charter or ordinances of the City of Santa Ana or other provisions of this Agreement with
regard to granting unpaid leaves of absence.
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 becoming eligible for
L.T.D. benefits.
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 Police Chief or his
designee as provided herein below.
3. Donations shall be for a minimum of two (2) hours and a maximum of eight
25
(8) hours per donor. All donations must be made in two (2) hour increments,
except in lieu holidays must be for eight (8) hours.
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.
Eligibility. 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, vacation, and in lieu holidays, will be
exhausted and the employee's illness will continue past the time when the
employee will be on paid status.
The Police Chief or his/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 ora valid request for donations from an eligible employee, the
Police Chief 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/her name, department name, and employee number.
The number of hours of compensatory or vacation time of the
donation within the limitations of Section A, subpm'agraph 3 above.
C. The name, department and employee number of the recipient.
26
D. A statement indicating that the donor understands such donation of
time is irrevocable.
27
11.1
11.2
11.3
ARTICLE XI
11.0 EMPLOYEE INSURANCE
Health Insurance. The City shall contribute the following amounts toward the payment of
premiums for affected employees and their dependents under the California Public
Employees' Retirement System (CalPERS) health insurance programs.
Effective January 1, 2004, the City shall contribute toward medical premiums an
amount consistent with the rates then in effect for the "employee-only" and "family"
tiers respectively, of the Kaiser California CalPERS HMO plan. The "employee
only" tier applies to employees who have no dependents. The "family" tier applies
to employees who do have dependents.
Any contribution necessary to maintain benefits under any health insurance program
provided by the City for its employees and their eligible dependents in excess of the
amounts of the City contribution specified above shall be borne entirely by the
employee.
For each such employee who is covered under a spouse's non-City sponsored health
plan, the City will pay the employee a cash paymeut each month in an amount equal
to fifty percent (50%) of the monthly premium amount for the City's lowest
"employee-only" coverage, if said employee waives, in writing, City-paid coverage.
Said waiver shall include a provision warning such employee that reentry into any of
City-sponsored plans may require proof of insurability for such employee and/or
family.
Dental Insurance. The City agrees to contribute toward the payment of premiums for dental
insurance plans provided by the City for employees covered by this Agreement and their
eligible dependents on the following basis:
Effective January 1, 2004:
A. One hundred percent (100%) of the premium cost for "employee-only" coverage.
B. Up to seventy dollars ($70) per month per employee for "family" coverage.
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.
Disability Insurance. The City shall continue to pay one hundred percent (100%) of the
premium cost for a long term disability insurance plan for employees covered by this
Agreement as said plan was amended effective November 1, 1985, to provide Unrepresented
28
Management personnel a monthly benefit of sixty-six and two~thirds percent (66 2/3%) of
base monthly salary (insured payroll), less offsets contained in the existing plan, to a
maximum monthly benefits of $5,000.
11.4
Life Insurance. The City shall continue to pay one hundred percent (100%) of the premium
cost for term life insurance coverage under the policy it maintains on behalf of its officers
and employees in order to provide employees covered by this Agreement with life insurance
coverage in an amount equal to twice such employee's annual rate of salary to a maximum
of three hundred dollars ($300,000), provided said affected employees can provide evidence
of insurability of coverage above one hundred fifty thousand dollars ($150,000) if so required
by the terms and conditions of said term life insurance policy.
In the event any such employee is determined to be ineligible for said insurance coverage,
the City will attempt to provide as much coverage as may be obtained at reasonable cost
without having to provide evidence of insurability.
11.5
The City shall retain the right to change health, dental and life insurance carriers, administer
the insurance benefits provided thereunder, and select and/or change any excess or
supplemental insurance carriers as a part of any self-insurance plan during the term of this
Agreement, provided that employees covered by this Agreement continue to receive
equivalent benefits and provided that the parties have met and conferred before the changes
have been made.
11.6
Option to Redesignate Certain Contributions. Affected employees shall have the option of
waiving coverage under any City-sponsored group insurance plan, such as medical, dental,
long-term disability and life coverages, and applying the above specified amount of City
contribution toward each such coverage waived to deferred compensation and/or earned
income.
11.7
Medical Retirement Subsidy Plan. Effective July 1, 1998, July 1, 1999, July 1, 2000, and
July 1,2001, respectively, the City contributed an amount 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. The specific payments made to members of the Association pursuant
to this plan shall be designated at the sole discretion of the Association. The plan shall be
administered by the City, at no cost to the Association or its members, 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. Effective June 30,
2002, this .5% contribution is eliminated.
Effective July 1,2002, employees covered by this Agreement shall begin contributing one-
half percent (.5%) of their base salary plus pay additives through payroll deduction to the
29
above-specified fund currently maintained by the City. This payroll deduction/hr retiree
health insurance premium reduction assistance will continue until such time as the parties
may mutually agree to end said deduction.
11.8 Vision Insurance. If any other bargaining unit receives a vision insurance plan during the
term of this Agreement, the City and PMA agree to reopen this section of the Agreement.
30
ARTICLE XII
12.0 DEFERRED COMPENSATION
12.1
Each employee shall continue to receive an amount equal to one percent (1%) of his or her
monthly salary to be designated and deposited in the City's deferred compensation program.
The amounts contributed by the City under this article shall be subject to provisions as
outlined in the Internal Revenue Code (IRC) 457. Furthermore, all new contributions and
existing assets are to be held for the exclusive benefits of the participants and beneficiaries.
It is anticipated that during calendar year 1999, the City will install a new Personnel/Payroll
system. Upon completion of the installation, employees may request and shall be provided
with a full accounting of monies in the employee's individual plan.
31
ARTICLE ×II1
13.0 RETIREMENT
13.1
13.2
General. The terms of the existing contract between the City and California Public
Employees' Retirement System (CalPERS) governing the City retirement benefits of
employees covered by this Agreement are incorporated by reference herein. The City shall
continue to make contributions to CalPERS in accordance with its contract with CalPERS
for employees covered by said contract as amended.
Deferred Retirement. The City will continue to make payment to CalPERS on behalf of each
affected employee, one hundred percent (100%) of his or her individual employee retirement
contribution. Such payments shall be credited to the individual employee's CalPERS
account.
Such payments are not increases in base salary and no salary rate range applicable to any of
the employees covered by this Agreement shall be changed or deemed to have been changed
by reason thereof. As a result, the City will not treat these payments as ordinary income and,
thus will not withhold Federal or State income tax from said payments. The City has
received an opinion or ruling from the Internal Revenue Service confirming that these
payments are deferred compensation, not ordinary income.
For the purpose of reporting an employee's compensation to CalPERS, the City shall include
these payments as if they were part of the employee's base salary.
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 eighteen (I 8) salary rate ranges (9%) for
"safety member" employees covered under the 3% at Age 50 CalPERS Formula and fourteen
(14) salary rate ranges (7%) for all "miscellaneous member" employees covered by this
Agreement.
Effective July 1, 1994, the City will provide CalPERS third level of 1959 Survivors' Benefits
to all eligible employees in the unit.
If the City's actuarial valuation from CalPERS indicates an employer contribution rate of
0%, then the City will provide, as soon as practicable, CalPERS fourth level of 1959
Survivors Benefit to all eligible employees in the unit. If, however, this CalPERS valuation
indicates an employer contribution rate of more than 0%, the City and Association agree to
reopen this Article of the MOU for further discussion.
32
CalPERS designated "miscellaneous" employees represented by the Association shall be
covered by the 2% at 55 retirement benefit. Effective July 1, 1997, the City agreed to pay
2.266% of the cost providing CalPERS 2% at 55 retirement benefit to these employees.
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 was eliminated.
13.3
Pre-Retirement Optional Settlement 2 Death Benefit. As soon as practicable after the signing
of this Agreement, the City shall take whatever action is necessary to implement the
provisions of California Government Code Section 21548, to provide that Safety employees
of this bargaining unit will be eligible to receive the Pre-Retirement Optional Settlement 2
Death Benefit in lieu of the lump sum Basic Death Benefit. This benefit is a monthly
allowance equal to the amount the member would have received if he/she had retired from
service on the date of death and elected Optional Settlement 2, the highest monthly
allowance a member can leave a spouse.
This benefit will cease upon remarriage.
13.4
3% at 50 Service Retirement Benefit for Safety Members. The City agrees to amend its
contract with CalPERS to provide Safety employees represented by this bargaining unit with
the new 3% at 50 Service Retirement benefit, effective July 1,200 I.
Payment of New 3% at 50 Service Retirement Benefit. The actual cost for the benefit shall
be determined upon receipt of the annual actuarial valuation setting forth employer rates for
the 2001-02 fiscal year and every subsequent year thereafter. In order to provide this benefit
to its current safety members, the City and Association agree that eligible employees will pay
50% of the total additional normal cost to provide this benefit, not to exceed 1.42% of safety
payroll at such time as the City of Santa Ana incurs such cost.
Yearly Actuarial Valuation Fluctuations. CalPERS provides the City with a yearly actuarial
valuation informing it of its new employer contribution rate to be in effect July 1st of each
year. The City and Association agree that current excess assets have reduced the City's
current employer contribution rate for its Safety Plans to 0% and that the City's employer
contribution rate will fluctuate from year to year based on the investment returns earned by
the retirement system. The City agrees that current eligible safety employees paying to
receive this benefit should also benefit fi'om this yearly fluctuation in the City's annual
actuarial valuation. As such, current eligible Safety employees will contribute 50% of any
yearly City employer contribution rate to a maximum of 1.42%. For example, if in year two,
the City's employer contribution rate is 2.5%, then employees covered by this Agreement
will pay 1.25%. However, if the City's rate increases to 3.50% in the subsequent year, the
employees covered by this Agreement will pay 1.42%.
33
13.5
13.6
Military Service Credit as Public Service. Effective January 1,200 l, 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.
Deferred Retirement Option Plan (DROP'}. If the Deferred Retirement Option Plan (DROP)
is enacted by the State of California during the term of this Agreement, the City and PMA
agree to reopen this Agreement to meet and confer regarding this option.
34
ARTICLE XIV
14.0 CREDIT UNION DEDUCTION
14.1
The City shall permit an employee covered by this Agreement to have a deduction made
from his or her payroll check for the Santa Ana City Employee's Credit Union, provided that
the employee executes a written authorization on the payroll deduction form provided by the
City.
35
ARTICLE XV
15.0 EXPANDED RESIDENCY
15.1
The City shall continue to permit employees covered by this Agreement to reside outside the
limits of Orange County, so long as such residency is not an unreasonable distance nor
requires an unreasonable response time to the particular employee's place of employment.
Any affected employee who desires to take advantage of the opportunity to reside outside of
Orange County shall first request permission to do so from the Police Chief. Said request
shall be granted by the Police Chief if it is determined that the intended residence is not an
unreasonable distance nor requires an unreasonable response time to the employee's place
of employment.
Should the Police Chief refuse any such request, the employee shall have the right of appeal
of said determination to the City Manager for reconsideration.
36
ARTICLE XVI
16.0 CONTROLLED PARKING AND TAKE HOME VEHICLE PRIVILEGES
16.1
Parking. The City shall continue to provide employees covered by this Agreement with free
parking for personal vehicles during on-duty hours in controlled parking facilities in the
Civic Center area.
16.2
Take Home Vehicle. Effective July 1, 1998, all employees in the classification of Lieutenant
shall receive a City-owned and maintained vehicle for traveling between the employee's
residence and the Police Department or other business-related location, as necessary in the
performance of his or her duties.
37
ARTICLE XVII
17.0 DISCIPLINE
17.1
An employee covered by this Agreement may only be disciplined in accordance with the
standards and procedures and subjects to all rights of appeal set forth in Section 1000d of the
City Charter and Municipal Code Sections 9-9, %10, 9-118.1 et. seq.
17.2 In addition, a new section shall be added to the Municipal Code to provide as follows:
In the event an employee is ordered to absent himself from the job based on probable
cause and it is subsequently determined by the Police Chief, the City Manager,
Personnel Board or a court of competent jurisdiction, that cause did not exist for the
ordered absence, the employee shall have restored to him any paid leaves of absence
against which such absence may have been charged, and he shall be granted a
retroactive leave of absence with pay for the time during which he was prohibited
from performing the duties of his position, less any compensation paid to him by the
City during such ordered absence.
In the event an employee is reduced, suspended, and/or discharged, and upon appeal
the City Manager, Personnel Board or a court of competent jurisdiction does not
sustain such reduction, suspension, and/or discharge, the employee shall be entitled
to his base rate of salary including all additives, vacation, and sick leave as if such
unsustained reduction, suspension, or discharge had not been invoked. However, in
no event shall an employee be entitled to any salary credit for vacation and sick leave
for any period of time covered by a suspension sustained on appeal or for any period
of time waived by the employee as a condition to the granting ora continuance of any
hearing on appeal.
If, during an absence for which an employee is paid pursuant to this Section, he
earned any money which he would not have earned had he continued to perform the
duties of his position, such sum shall be deducted from the salary otherwise payable
to him pursuant to this Section.
38
ARTICLE XVIII
18.0 GRIEVANCE REVIEW PROCEDURE
18.1
Definition of a Grievance. A grievance shall be defined as a timely complaint by an
employee or group of employees of the Association concerning the interpretation or
application of specific provisions of this Agreement, or of the rules and regulations
governing personnel practices or working conditions of the City, except, however, those
matters specifically assigned to the jurisdiction of the Personnel Board by those provisions
of fl~e City Charter and the Civil Service Rules and Regulations.
No employee shall suffer any reprisal because of filing or processing of a grievance or
participation in the Grievance Review Procedure.
18.2 Informal Process.
An employee must first attempt to resolve the grievance on an informal basis through
discussion with his or her immediate supervisor without undue delay, but in no case,
beyond a period of ten (10) calendar days after the occurrence of the alleged incident
giving rise to the grievance, or when the grievant knew or should have reasonably
become aware of the facts given 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 five (5) 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 to the employee's Police Chief. At
this point, the grievance review process becomes formal. Should the grievant and/or
his or her designated representative fail to file a written grievance, and in the manner
specified above, within ten (10) working days after first discussing the grievance with
the employee's immediate supervisor, the grievance shall be barred and waived.
18.3 Formal Process.
If a grievance is not resolved through the informal process, and a written grievance
is filed within the time limits set forth above, the grievant's immediate supervisor
shall add his or her comments and any justification he or she considered proper, sign
it, and forward it to the Police Chief without tmdue delay or, in no case, more than
ten (10) calendar days.
39
If the grievant files a written grievance to the Police Chief in the manner and within
the time limits specified, then a conference shall be held at the request of the
employee or the Police Chief.
The Police Chief shall inform the employee of his action within ten (10) calendar
days after the receipt of the request of the settlement. The original of the grievance
form and the Chief's decision shall be filed in the Personnel Records of the
Department.
If no satisfactory settlement has been reached at the Department level, the employee
may, within ten (10) calendar days after being informed by the Police Chief of his
decision on the matter, and the reasons thereof, submit the grievance in writing to the
City Manager, or his duly authorized representative, for determination. Failure of the
grievant to take this action will constitute a waiver and bar to the grievance, and the
grievance will be considered settled on a basis of the Police Chief's response.
The City Manager or his duly authorized representative, after a careful review, shall
render a final decision on the merits of the grievance, in writing, and return it to the
grievant within thirty (30) calendar days after receiving the grievance. A copy of the
written grievance to the City Manager, or his duly authorized representative, and of
the City Manager's or his representative's written decision shall be filed in the
Personnel Records of the Department and the grievant's personnel jacket maintained
in the Personnel Services Department.
After the procedures set forth in this Article have been exhausted, the grievant, the
Association, and the City shall have all rights and remedies to pursue said grievance
under the law.
40
ARTICLE XIX
19.0 DUES DEDUCTION AND INDEMNIFICATION
19.1
Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all
employees recognized to be represented by the Association, who voluntarily authorize such
deduction, in writing, on a form to be provided for this purpose by the City. The City shall
remit such funds to the Association within thirty (30) days following their deduction.
19.2
Indemnification. The Association agrees to hold the City harmless and indemnify the City
against any claims, causes of action, or lawsuits instituted by a member or members of the
Association arising out of the deductions or transmittal of such funds to the Association,
except the intentional failure of the City to transmit, to the Association, monies deducted
from the employees pursuant to this Article.
41
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 non-existence 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 workforce 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 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.
K. To establish and modify productivity and performance programs and standards.
42
20.2
To discharge, suspend, demote, or otherwise discipline employees for proper cause
in accordance with the provisions set forth in the City Charter and Santa Aha
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 including, but not limited to, quality
and quantity standards and to require compliance therewith.
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.
Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the contemplated exercise of Management's
rights shall impact on a significant number of employees of the bargaining unit, the City
agrees to meet and confer in good faith with representatives of the Association regarding the
impact of the contemplated exercise of such rights prior to exercising such rights, tmless the
matter of the exercise of such rights is provided for in this Agreement.
43
ARTICLE XXI
21.0 STRIKES AND WORK STOPPAGES
21.1 Prohibited Conduct.
The Association, its officers, agents, representatives, and/or members agree that
during the term of this Agreement, they will not cause or condone any unlawful
strike, workout, slowdown, sick-oat, or any other unlawful j ob 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.
21.2
Association Responsibility. In the event that the Association, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Subsection A,
Section 21.1 above of this Article, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this Agreement and unlawful,
and they must immediately cease engaging in the conduct prohibited and return to work.
44
ARTICLE XXII
22.0 SOLE AND ENTIRE AGREEMENT
22.1
It is the intent of the parties hereto that the provisions of this Agreement shall supersede all
prior agreements m~d memoranda of agreement, or memoranda of understanding, or contrary
salary and/or persoxmel rules and regulations or administrative codes, provisions of the City,
oral and written, expressed or implied between the parties, and shall govern the entire
relationship and shall be the sole source of any and all rights which may be asserted
hereunder. This Agreement is not intended to conflict with Federal or State law or the City
Charter.
22.2
The City will continue to administer its employee relations and its personnel policies and
procedures in accordance with duly adopted ordinances and resolutions, and the affected
employees will continue to be governed thereby during the term of this Agreement.
45
ARTICLE XXIII
23.0 WAIVER OF BARGAINING DURING THE TERM OF AGREEMENT
23.1
During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours and terms of conditions of employment,
whether or not covered by this Agreement or in the negotiations leading thereto, unless
required by specific provision of this Agreement, and irrespective of whether or not such
matters were discussed or were even within the contemplation of the parties hereto during
the negotiations leading to this Agreement. Regardless of the waiver contained in this
Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer
about any matter during the term of this Agreement.
46
ARTICLE XXIV
24.0 SEPARABILITY PROVISION
24.1
Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction or by statue, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement, provided that if any such
affected provisions invalidate or void any benefits of employees covered hereunder, the
parties shall forthwith commence negotiations to replace the invalidated benefits with
benefits of comparable value.
47
ARTICLE XXV
25.0 TERM OF AGREEMENT
25.1 The term of this Agreement shall be from July 1, 2003 through June 30, 2004.
48
ARTICLE XXVI
26.0 RATIFICATION AND EXECUTION
26.1
Dated:
Dated:
Dated:
The City and the Association have reached an understanding as to certain recommendations
to be made to the City Council for the City of Santa Ana and have agreed that the parties
hereto will jointly urge said Council to adopt a new wage and salary resolution which will
provide for the changes contained in said joint recommendations. The City and the
Association acknowledge that this Agreement shall not be in full force and effect until
ratified by the membership of the Association and adopted by the City Council of the City
of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized
representatives of the City and the Association and entered into this 15th day of December,
2003.
CITY OF SANTA ANA, a municipal
corporafi~ate o~,f Calify,~
By: n - ,~ ~ ~ ·
By: CITY MANA~~G R
EMPLOYEE RELATIONS MANAGER
PERSONNEL SERVICES
ATTES~'--~7
' -~LERK OF THE COUNCIL
APPROVED AS TO FORM:
TY,~TTORN~EY
49
This Agreement has been ratified by the membership of the Santa Ana Police Management
Association.
Dated:
PRESIDENT, SANTA ANA POLICE
MANAGEMENT ASSOCIATION
5O
EXHIBIT A
SALARY SCHEDULE MATRIX
0 1 2 3 4 5 6 7 8 9
M52
M53
M54
M55
M56
M57
M58
M59
M60
M61
M62
M63
M64
M65
M66
M67
M68
M69
M70
M71
M72
M73
M74
M75
M76
M77
M78
M79
M80
M81
M82
M83
M84
2637 2650 2663 2676 2690 2703 2717 2730 2744 2758
2769 2782 2796 2810 2824 2838 2853 2867 2881 2896
2907 2921 2936 2950 2965 2980 2995 3010 3025 3040
3052 3067 3082 3098 3113 3129 3144 3160 3176 3192
3205 3221 3237 3253 3269 3285 3302 3318 3335 3352
3365 3381 3398 3415 3432 3449 3467 3484 3501 3519
3533 3550 3568 3586 3604 3622 3640 3658 3676 3695
3710 3728 3747 3765 3784 3803 3822 3841 3861 3880
3896 3915 3935 3954 3974 3994 4014 4034 4054 4074
4091 411I 4132 4152 4173 4194 4215 4236 4257 4278
4296 4317 4339 4360 4382 4404 4426 4448 4470 4493
4511 4533 4556 4579 4601 4624 4648 467I 4694 4718
4741 4764 4787 4810 4834 4858 4882 4906 4930 4954
4978 5002 5026 5051 5076 5101 5126 5151 5176 5201
5226 5252 5278 5304 5330 5356 5382 5408 5434 5461
5488 5515 5542 5569 5596 5623 5650 5678 5706 5734
5762 5790 5818 5847 5876 5905 5934 5963 5992 6021
6050 6080 6110 6140 6170 6200 6230 6260 6291 6322
6353 6384 6415 6446 6478 6510 6542 6574 6606 6638
6670 6702 6735 6768 6801 6835 6869 6903 6937 6971
7005 7039 7073 7107 7141 7176 7211 7247 7283 7319
7355 7391 7427 7463 7499 7535 7571 7609 7647 7685
7723 7761 7799 7837 7875 7913 795I 7989 8029 8069
8109 8149 8189 8229 8269 8309 8349 8389 8431 8473
8515 8557 8599 8641 8683 8725 8767 8809 8853 8897
894I 8985 9029 9073 9117 9161 9205 9250 9296 9342
9388 9434 9482 9529 9577 9625 9673 9721 9770 9819
9857 9906 9955 10005 10055 10105 10156 10207 10258 10309
10350 10401 10453 10506 10558 10611 10664 10717 10771 10825
10868 10922 10976 11031 11086 11142 11198 11254 11310 11366
11411 11468 11525 11583 11640 11699 11757 11816 11875 11934
11982 12041 12102 12162 12223 12284 12345 12407 12469 12532
12581 12643 12707 12770 12834 12898 12963 13027 13093 13158
51
EXHIBIT B
ASSIGNMENT OF CLASSES REPRESENTED BY THE
SANTA ANA POLICE MANAGEMENT ASSOCIATION TO
SALARY RATE RANGES FOR FISCAL YEAR
2003-04
SALARY RATE RANGES EFFECTIVE
July 1,2003
CalPERS SAFETY MEMBER CLASSES
(assigned to 4 step salary rate ranges)
CLASS TITLE NO.
MIN-MAX
Police Captain
Police Lieutenant
788 $9770-11,310
754 $8269-9577
CalPERS MISCELLANEOUS MEMBER CLASSES
(assigned to 5 step salary rate ranges)
NO. MIN-MAX
Police Communications Manager 681 $5790-7039
Police Property & Facilities Mgr 713 $6768-8229
Police Records Manager 703 $6446-7837
52