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HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC 4 (2004-2008) ~ THIRD SIDE LETTER AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 347 FOR FISCAL YEARS 2004-08 Effective July 1, 2004, the City of Santa Ana (City) and the Service Employees International Union (SEIU) agree that the Memorandum of Understanding between the City and SEIU requires an amendment, pursuant to the Santa Ana Municipal Code (SAMC), section 9-168(c)(1). Consequently, the parties have agreed to amend Article X~ section 1O.1C2, as follows: Article X. Section to.tC2 ..."If the workers' compensation related illness or injury continues past the initial three (3) consecutive days, the employee will have the three (3) unused sick days reaccredited to his or her account, if the employee remains off work longer than 14 days. ':.. ~ s. ~r- Kathie S. Gonzalez Assistant Director - Personnel AGREEJl:-___ " ,i()~jJ David Biondolillo President, SEIU -;\ 1'1 \ () 10 Date .sit.., ~ ~ Date SECOND SIDE LETTER AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 347 FOR FISCAL YEARS 2004-08 Effective upon the signing of this Side Letter, the City of Santa Ana (City) and the Service Employees International Union (SEIU) agree that they have met and conferred and agree to amend Article X of the Memorandum of Understanding between the City and SEIU for Fiscal Years 2004-08. The language to be modified is in italicized and bolded type and only applies to . Article 1O.2A. Article 10.2 - Bereavement Leave A. An employee shall be granted up to 21 1geurs three (3) working days 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. Note: All other provisions of Article 1O.2A shall remain the same. '.:.,,..-"'------ -~ Ar ,,1~ . u~O:r David Biondolillo President, SEIU I "j~~_, ,c,' Kathie S. Gonzalez Employee Relations Manager Date /' I~. It.- 21/()z;;, Date ~ -"'-=-~, ___ ".,...:C.-.c~~,__.__ '''_'~ FIRST SIDE LETTER AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SERVICE EMPLOYEES INTERNATIONAL UNTION, LOCAL 347 FOR FISCAL YEARS 2004-08 Effective upon the signing of this Side Letter, the City of Santa Ana (City) and the Service Employees International Union (SEIU) agree that they have met and conferred and agree to amend Article V of the Memorandum of Understanding between the City and SEIU for Fiscal years 2004-08. The language to be modified is in italicized and holdedtype and only applies to Article 5.5Blb. Article 5.5Bl b Employees must serve either ten (lO) consecutive working days of eight (8) hours each, 6F eight (8) consecutive working days of ten (I 0) hours each, eight (8) consecutive working days of nine (9) hours each and one (1) day consisting of eight (8) hours of work, or two (2) consecutive work weeks, consisting of three (3) 11.5 hour days and one (1) 5.5 hour day for a total of 80 hours of work 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 (I 0) 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 (I 0) day requirement ) l~ s. ~~ Kathie S. Gonzalez Employee Relations Manager ~}J!~ avid Biondolillo President, SEIU '\h l (),( Y/7/ocC;- Date Date A-2005-ll6 2004 - 2008 MEMORANDUM OF UNDERSTANDING CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO I MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND SANT A ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO FOR FISCAL YEARS 2004-05 THROUGH 2007-08 ARTICLE ARTICLE I ARTICLE II ARTICLE III ARTICLEN 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 ARTICLEXXN ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX TABLE OF CONTENTS SUBJECT PAGE RECOGNITION 5 NON-DISCRIMINATION CLAUSE 6 ATTENDANCE, WORKDAY & WORKWEEK 7 SALARIES 11 ASSIGNMENT & OTHER SPECIAL PAY ADDITNES 17 OVERTIME 29 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 33 HOLIDAYS 36 V ACA nON 38 OTHER LEAVES OF ABSENCE 42 EMPLOYEE INSURANCE 49 RETIREMENT 52 TOOL REIMBURSEMENT POLICY 54 UNIFORM MAINTENANCE 55 SAFETY 56 RESIDENCY 57 GRIEVANCE REVIEW PROCEDURE 58 UNION RIGHTS 60 DUES DEDUCTION & INDEMNIFICATION 67 CITY RIGHTS 69 STRIKES & WORK STOPPAGES 71 LAYOFFS 72 MISCELLANEOUS PROVISIONS 74 SOLE & ENTIRE AGREEMENT 77 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 78 EMERGENCY WANER PROVISION 79 SEPARABILITY PROVISION 80 TERM OF AGREEMENT 81 RATIFICATION & EXECUTION 82 2 TABLE OF CONTENTS (Continued) ARTICLE SUBJECT PAGE EXHIBIT C EXHIBIT D BASIC SALARY & WAGE SCHEDULE 84 ASSIGNMENT OF CLASSIFICATIONS TO SALARY RATE RANGES REPRESENTED BY SANTA ANA CITY EMPLOYEES CHAPTER 1939 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO 86 RESOLUTION NO. 81-75 93 9/80 HARDSHIP CLAIM 103 EXHIBIT A EXHIBIT B 3 TABLE OF CONTENTS (Cross-referenced in Alphabetical Order) SUBJECT ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES A TTENDANCE, 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 9/80 HARDSHIP CLAIM FORM 4 ARTICLE PAGE ARTICLE V 17 ARTICLE III 7 ARTICLE XX 69 ARTICLE XIX 67 ARTICLE XXVI 79 ARTICLE XI 49 ARTICLE XVII 58 ARTICLE VIII 36 ARTICLE XXII 72 ARTICLE XXIII 74 ARTICLE II 6 ARTICLE X 42 ARTICLE VI 29 ARTICLE XXIX 82 ARTICLE I 5 ARTICLE XVI 57 ARTICLE XII 52 ARTICLE XV 56 ARTICLE IV II ARTICLE XXVII 80 ARTICLE XXIV 77 ARTICLE XXI 71 ARTICLE XXVIII 81 ARTICLE XIII 54 ARTICLE VII 33 ARTICLE XIV 55 ARTICLE XVIII 60 ARTICLE IX 38 ARTICLE XXV 78 EXHIBIT B 86 EXHIBIT A 84 EXHIBIT C 93 EXHIBIT D 103 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions ofthe 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. 5 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. 6 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. A. 4/10 Work Schedule for Communitv Preservation Inspectors. Police Records Employees. and Selected Fleet Services Employees. The Department Head, with the approval of the City Manager, may assign the above-referenced employees to a workweek consisting offour (4) ten (10) hour days with an additional one-half (112) or one (I) 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. B. 3/11.5. 115.5 Work Schedule For Detention Records Emplovees. The Department Head, with the approval of the City Manager, may assign these employees to a workweek consisting ofthree (3) eleven and one-half (I 1.5) 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 off in 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 offin a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of either eleven and one-half (I 1.5) hours or five and one-half (5.5) hours. C 9/80 Work Schedule. The work schedule described below is known as the 9/80. The 9/80 work schedule is desifmed to be in comvliance with the reQuirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules. vractices and/or vrocedures ref!ardinf! work schedules and leave vlans. then the rules listed below will f!overn. Emvlovees shall be vermitted to work a 9/80 work schedule when authorized bv the Devartment Head and avvroved bv the Citv ManafJer. A devartmental work unit will not be vermitted to work this schedule inn the discretion of the Devartment Head and Citv Manafter. the 9/80 work schedule mav reduce service to the public. L 9/80 Work Schedule Defined. The 9/80 work schedule shall be defined as 7 workinl? eiffhtv hours over nine days in a two-week veriod. An emvlovee shall work eil?ht days for nine hours ver day and one day for eight hours, excludinf! a one-hour lunch durinl? each work shift. totalinl? fortv (40) workinf! hours in each FLSA work week. a. The Work Week Period. The forty (40) hour FLSA work week veriod shall be defined as the work veriod startinff from Fridav at mid-shift to Fridav at mid shin. No emvlovee workinf! the 9/80 work schedule will be able to flex their Fridav start time nor the time they take their lunch break. which will occur in the middle of the day on Fridavs. b. The 9/80 Work Period. The 9/80 two week work veriod for emvlovees starts Fridav mid shift and continues for fourteen (J4) days until Fridav mid shift. Durinf! this veriod. each week is made uv offour nine-hour work days (thirtv-six hours) and one four-hour Fridav and those hours eQual fortv work hours in each work week (e.I?. the Fridav is svW into four hours for the first shin. which is charf!ed to work week one and four hours for the second shift. which is chan:ed to work week two). c. Emvlovees cannot chanl?e schedules without vrior approval of their suvervisor and Devartment Head. The purvose of this authorization is to review the imvact on staffinf! and overtime. Emvlovees may chanf!e schedules at the bel?inninf! of any work veriod with suvervisor and Devartment Head avvroval. d. Modifications of the FLSA workweek veriod are not permitted unless authorized bv the Executive Director of Personnel Services and the Citv Manaf!er. e. Emerl?encies. All emvlovees on the 9/80 work schedule are subiect to be called to work any time to meet any and all emerf!encies or unusual conditions that. in the opinion of the Citv Manaf!er. Devartment Head or designee. may reQuire such service from any of said emvlovees. 2. Overtime Defined. All FLSA nonexemvt emvlovees workinl? under the 9/80 work schedule will earn overtime for all hours worked aner the first fortv (401 hours in an FLSA work week as reQuired under FLSA. Emvlovees are required to obtain suvervisor authorization before workinf! any overtime. a. Overtime Comvensation: As stated in Section 6.4 of this Memorandum of Understandinl? b. Comvensatory Time: As stated in Section 6.4 of this Memorandum of Understandinrr 8 3. Leaye Benefits. When an employee is 0(( on a scheduled workday under the 9/80 work schedule. then nine (9) hours o( elif!ible leave per workday shall be charf!ed af!ainst the employee 's leave balance or eif!ht (8) hours shall be charf!ed i(the dav offis a Fridav. All leaves shall continue under the current accrual. elif!ibility. request and approval requirements. a. Vacation Leave: As stated in Article IX o( this Memorandum o( Understandinf!. b. Sick Leave: As stated in Article X of this Memorandum o( Understandinf!. c. Bereavement Leave: As stated in Article X o(this Memorandum o( Understandinf!. d. Holidavs: As stated in Article VIII o( this Memorandum of Understandinf!. L For a recof!nized City holiday, ei,?ht hours. as stated in Article VIII. are earned (or each holiday. For the charf!inf! of hours on a scheduled holidav. the emplovee must use eif!ht (8) hours o( holidav time off and one (/) hour from the emplovee's vacation leave or compensatorv time banks for a nine (9) hour workdav change or eif!ht (8) hours holiday time off(or a Friday. 2. H a holiday falls on an employee's Fridav o(f. the emplovee must then take their holiday off before or arier the ref!ular holiday as their holiday off with supervisor and Department Head approval. Hthe emplovee cannot take their holiday off before or arier the ref!Ular scheduled holiday off the employee will bank eif!ht hours of holiday leave to be used at a later date with the supervisor's approval. e. Jurv Dutv Leave. The provisions o( the Memorandum of Understandinf! shall continue to apply: however. if an emplovee is called to serve on iurv dutv durinf! a normal Fridav off. Saturday. or Sunday. or on a Otv holiday. then the iurv duty shall be considered the same as havinf! occurred durinf! the employee's day off work; therefore. the employee will receive no added compensation. It is the intent ofthe parties that no additional paid time off shall be gained or lost as a result of the implementation of either the 4/l0~the 3/11.5 plus 1/5.5. or the 9/80 work schedules. The City reserves the right to abandon either the 411 O. the 3/11.5 plus 115.5. or the 9/80 work schedules for these employees if, in the opinion of the 9 concerned Department Head and the City Manager, either the 4/1 O~the 3/11.5 vlus 1/5.5. or the 9/80 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 any of these work schedules. D. Anv emvlovee havinl! been authorized to work the 9/80 work schedule who subseQuentlv encounters a versonal hardshiv with his/her work hours mav reQuest an accommodation from his/her Devartment Head. A "hardshiv reQuest" will be limited to an emvlovee's authorized hours o( work An accommodation will be considered onlv after the emvlovee has exhausted all other versonal ootions to resolve the hardshiv. I(the emvlovee is unable to resolve his/her vroblem. the emvlovee mav reQuest an accommodation (rom their Devartment Head bv submitting a hardshiv claim. The Devartment Head mav authorize an accommodation after reviewinl! said claim or assil!n a manal!er to investil!ate and recommend a resolution o( the hardshiv claim. The recommendation o( the manarrer will be limited to the (ollowinl!: 1" Avvrove an avvrovriate flex schedule that does not disruot the devartment abilitv to deliver its services or create disruvtion in the work unit. 2. Disavvrove the emvlovee 's vrovosed solution to resolve the hardshiv. 3. Reassign the emvlovee to a 5/40 work schedule. The Devartment Head mav accept anv one o(the manarrer's recommendations or advance his own to resolve the hardshiv. E. 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. 10 ARTICLE IV 4.0 SALARIES 4.1 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. 4.2 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 classifications to salary rate ranges is listed in Exhibit B, which is attached and made a part hereof as though set forth herein. 4.3 Salaries. A. Effective Julv ]. 2004. the base salaries or emvlovees covered bv this Al.?reement shall not be increased. B. Effective July L 2005, the base salaries of employees covered by this Agreement shall not be increased. C Effective Julv ]. 2006. the base salaries or emvlovees covered bv this Al.?reement shall be increased bv an amount eQual to that received bv the Police baYf;aininl.? unit but shall not be less than seven (71 salary rate ranfJes (apvroximatelv 3.5%1 nor exceed nine (91 salary rate ranfJes (avvyoximatelv 4.5%1. D. Effective Julv ]. 2007. the base salaries or emvlovees covered bv this Al.?reement shall be increased bv an amount equal to that received bv the Police barfJaininl.? unit but shall not be less than seven (71 salary rate ranl.?es (avvroximatelv 3.5%1 nor exceed nine (91 salary rate ranfJes (apvroximatelv 4.5%). E. The varties al.?ree that should any other City harf!ainin'i! unit receive a hiF!her salary increase during the term of this Af!reement. this bargaininf! unit will receive the same increase. 11 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 ofless 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 Act (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 (I) 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 ofthe City of Santa Ana shall be paid the rate shown as Step "AA" in the salary rate range allocated to the classification 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 (I ") working day ofthe 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 oftime 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 (I) 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 ofthis section shall mean separating from full- time City employment altogether, not leaving one position to accept appointment to another position in an unrelated classification outside the career ladder. 12 4.8 Advancement Within Ranges. A. 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 first day ofthe 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. B. 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 (I ") 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 ofthe duties of his or her position. Such merit advancement shall require the following: I. 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. 2. The Department Head, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Department Head as to such recommendations and of the reasons therefore. 3. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Section I 0 of this Article. C. Length of Service Required When Advancement Denied. When an employee has not been approved for advancement to merit Step "E," he or she may be reconsidered for such advancement after the completion ofthree (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) 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. 13 4.9 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. 4.10 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 (I) 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 payor the like, except when placement at "E" step will not be sufficient to provide a one (1) salary step (approximately 5%) increase. 4.11 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 (I) salary step (approximately 5%). B. The new salary rate must be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Subsection C above, such recommendation 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. 4.12 Reallocation of Salarv 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. 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 14 responsibilities of another classification, may request a classification review oftheir 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. A. The Department Head will review the employee's submitted request and within sixty (60) days will make one of the following determinations: I. Will support the employee's request. a. 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. b. 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. a. 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. b. If the Department Head does not support the employee's request, but agrees that some ofthe duties and/orresponsibilities being performed by the employee are those of a higher level City classification, he or she can do the following: I. Return the employee to performance of the duties and/or responsibilities of their proper classification. 2. 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. B. 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 ofthe 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 ofthe 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 15 provide the employee and Department Head with an approximate start date for the study. C. All determinations ofthe Department Head and the Executive Director of Personnel Services are final. D. All studies and study findings will require City Manager approval before proceeding. E. 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. 16 ARTICLE V 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 5.1 Assignment Pav DifferentiaL Effective November I, 2001, assignment pay differentials, as listed herein and throughout the agreement, 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 A. Incumbents in the classifications of Senior Office Assistant, Secretary, Executive Secretary, or Planning Commission Secretary who are assigned by a Department Head, with the prior approval ofthe 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. B. Incumbents in the classifications 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. C. An incumbent in the classification 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. D. Incumbents in the classifications 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. E. Incumbents in the classifications 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 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 17 (approximately 2.5%), respectively, for each certification, above their then current base monthly salary step. F. Personnel in the classifications 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. G. Personnel in the classification 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. H. Personnel in the classification 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. I. Personnel in the classification 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. J. Personnel in the classification of Park Maintenance Worker who are regularly and continuously assigned to and actually performing duties as a pesticide operator will have the opportunity to earn up to fifteen (IS) 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%. K. Personnel in the classification 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. L. Effective as soon as practicable (ollowing approval o( this Memorandum o( UnderstandinfJ bv the Citv Council. an emvlovee that is required bv a Devartment Head or their desirmee to perform the duties o( a Notary Public (or the Citv. in addition to refJular duties. shall be paid a monthlv differential o(fortv dollars ($40) above his or her then current base monthlv salary stev. 5.2 Lead Pay. An incumbent who is regularly and continuously assigned to lead a functional unit 18 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. 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 Service 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 classification of Custodian who is regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set fifteen (IS) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. 5.3 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: A. Certification by the Executive Director of Personnel Services as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capacity. B. 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. Effective the first dav of the first Dav period followinf! the date of aDproval of this Memorandum of Understand in,? by the City Council. the monthly di(ferential will be increased by an additional twentv-five dollars ($25) above the emDlovee's base monthlv salary steD making the total monthly differential one hundred seventy-five dollars ($175). C. 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 ofthe 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 19 full month of such assignment. D. 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. E. There shall be periodic recertification of such bilingual capability. 5.4 Shift Differential. A Generally. An employee in a classification 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 II2) hours between the hours of5:00 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. B. Library Department Employees. Library Department employees hired prior to December I, 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 12) 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 I, 1987. C. Earlv Morning 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 I :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 (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step. D. Park Maintenance Worker. Employees in the classification 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 II2 hours) between the hours of5:00 p.m. and 7:00 a.m.) as part of his or herregular 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. 20 E. Standby Pav. 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 ") day ofthe second (2od) payroll period following Council approval, such 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 112) per incident. 5.5 Temporarv Upgrade Assignment Pav. 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 I. Temporary Upgrade Assignments shall be limited to the temporary filling of vacant, full-time, budgeted positions due to the termination, promotion or authorized long-term absence of the incumbent. A temporarily vacant position need not be a position without an incumbent. 2. Each such assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred eighty (180) days of such assignment. 3. 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: a. The duties and responsibilities ofthe position to be filled are of such nature that they cannot remain unassigned pending the return to duty of the absent incumbent or preparation of an eligible list whichever is applicable. b. It is not practical to assign the duties of the vacant position to any 21 other employee or employees in the same or higher classification. 4. The City Manager or his designee must give written approval of all Temporary Upgrade Assignments involving an increase in pay for the appointee. B. Eligibility. I. With the exception ofthose described in paragraph 3 below, regular, full-time employees shall receive Temporary Upgrade Assignment Payifthe following criteria are met: a. The work assumed encompasses the majorityofthe typical duties and responsibilities ofthe vacated position. b. 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. c. 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 unless they are normally granted holiday hours. Normally granted holidays will be included in computing actual duty days. d. 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. 2. Whenever practicable, the appointing authority shall rotate Temporary Upgrade Assignments among all qualified employees. 3. Employees in the following categories shall not be assigned to Temporary Upgrade work unless specifically authorized by the City Manager: a. Non-permanent employees (Probationary, Part-time, Seasonal, etc.). b. Employees performing work above their regular classification in a 22 training capacity. C. Payment. I. On the eleventh (I I lh) 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 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 (I 0) consecutive days during the term ofthis 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 ofthis Agreement. 2. Assignment or special pay additives, such as bilingual pay, shift differential, special skill pay, etc., paid to an employee prior to becoming eligible for 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. 3. 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. 4. 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. 5.6 All assignments of personnel to positions set forth in Sections 5.1 through 5.4 above shall be made or revoked at the discretion ofthe Department Head. 5.7 Career Development Incentives. Employees hired in a classification which requires an 23 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 ("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. A. An incumbent in one of the classifications 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 California (a total oftwenty (20) salary rate ranges (approximately 10%) for possession of both). Additionally, said incumbents who possess a valid certificate issued by the ICBO (or similarnationallyrecognized 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%). o Assistant Engineer I o Assistant Engineer II o Assistant Engineer-Transportation (T) o Senior Assistant Engineer o Senior Civil Engineer o Senior Engineer o Senior Traffic Engineer o Assistant Plan Check Engineer I o Assistant Plan Check Engineer II o Associate Plan Check Engineer o Senior Plan Check Engineer o Senior Transportation Analyst B. An incumbent who was employed as of August 16, 1991 in the classification of Plan Examiner (T), Assistant Plan Check Engineer I or II, Associate Plan Check Engineer, Senior 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 I, 1988, said ten (10) range differential shall 24 be reduced to five (5) salary rate ranges (approximately 2.5%) for any incumbent of said classifications who is issued his or her initial certificate on or after January I, 1988. C. An incumbent in one of the classifications listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of building inspection, combination insvection, 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 schedule listed below. Incumbents who vossess a valid certificate issued bv the ICBO in combination insvection mav substitute this for buildin,? insvection or combination dwellinz insvection: however. incumbents shall not receive incentive vav for more than two of these three certificates. 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 Building Inspector o Electrical Inspector o Plumbing Inspector o Combination Building Inspector o Building Technician o Plan Examiner (T) o Senior Plumbing and Mechanical Systems Specialist D. Incumbents in the classifications of: o Community Preservation Technician o Community Preservation Inspector o Senior Community Preservation Inspector o Community Preservation Inspector II (T) o Building Inspector* o Senior Building lnspector* o Senior Building Inspector o Senior Electrical Inspector o Senior Plumbing Inspector o Senior Combination Building Inspector o Plan Examiner (T) Electrical o Senior Electrical Systems Specialist who possess a valid certificate issued by the lCBO (or similar nationally recognized certification organization) in the areas of building inspection, plumbing inspection, 25 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 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, Report Writing, 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 ofthree): fifteen (IS) 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 classifications 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. * E. Commencinf! Julv 1. 2006. the City af!ree to re ODen the issue of Dav additives for Community Preservation classifications !JDon receitJI of written notification from Union to commence discussions. F. An incumbent in one of the classifications listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating 26 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 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 offive): twenty-five (25) salary rate ranges (approximately 12.5%). o Construction Inspector I o Construction Inspector II G. An incumbent in the classification 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 offive): twenty-five (25) salary rate ranges (approximately 12.5%). o Contracts Administrator H. An incumbent in one of the classifications 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. o Projects Manager o Tree Maintenance Supervisor o Tree Trimmer o Maintenance Worker II (assigned to the tree crew) o Public Works Projects Specialist o Landscape Development Associate 27 L. An incumbent in the classification 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) 28 ARTICLE VI 6.0 OVERTIME 6.1 General Policv 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 for those on a 5140 work schedule is defined as: A. That authorized or required time worked in excess of the normal workday, tour of duty, or workweek schedule for the particular classification and organizational unit of an employee. A workweek is a fixed and regularly recurring period of 168 consecutive hours - 7 consecutive 24-hourperiods - 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. B. 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. 63 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 (except for emplovees on a 4110. 3111.5 plus 1/5.5. or the 9/80 work schedule) 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. 6.4 Compensation for Overtime. A. The preferable method by which overtime shall be compensated is by monetary payment, at one andone-half(l1/2) times the employee's regularrate of pay, subject to the provisions of Subsection "e" below. B. 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 29 overtime work by taking paid compensatory time off at the rate of one and one-half (I 112) times the employee's regular base rate of pay. C. Employees shall have the option with Department Head approval to convert a maximum of eighty (80) hours of time and one-half (T 112) paid overtime (in compensation for 53 113 overtime hours worked) to time and one-half (T 112) compensatory time off benefits. Such compensatory time off shall be taken at the discretion ofthe employee when requested at least 72 hours in advance. subject to the operational needs and staffing requirements ofthe department. ]fthe Department Head or his or her desifJnee subseQuentlv denies the requested compensatory time off the emplovee and department will mutuallv a(!ree on a future date within one vear when the emplovee can use the paid compensatory time off If the requested compensatory time off is not used within that one vear. such compensatory overtime will be paid off in cash. D. Time off with pay to compensate for overtime worked may be accumulated to a maximum of eighty (80) hours. E. Because each hour of overtime worked is programmatically accrued on a time and one-half (T 112) 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. F. Time off with pay to compensate for overtime worked may be taken in increments as small as a half (112) hour. G. 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. H. 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. L 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. 6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee 30 benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance benefits), toward the completion of probationary period, or to progression within salary rate range. 6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so, 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 Dutv. 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 (I 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 ofthe 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 or she shall determine, to protect life and property within the City. 6.9 Applicabilitv of Fair Labor Standards Act. The parties agree that if the applicability of the Fair Labor Standards Act to local govemmental 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: A. 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 moming 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. B. 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 31 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 court session. Such employee may elect, in lieu of paid time, two (2) hours of compensatory 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. 32 ARTICLE VII 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 7.1 Purpose. A To encourage the employees of the City of Santa Ana to take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 7.2 Eligibilitv. A. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G.L Bill, scholarships, etc. C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his or her job, may be reimbursable only after all required occupationally related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "c" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. F. 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. 33 G. When an employee is required by his or her Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department. 7.3 Reimbursement. A. Reimbursement will be based on the cost of tuition or registration fees and all required texts and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. B. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions: I. That a duplicate of the required text(s) was unavailable for loan from the departmental libraries prior to the commencement of course work; 2. 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. C. 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. D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One (I) "quarter" unit shall equal two-thirds (2/3) of one (I) "semester" unit. 7.4 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance form and submit it to his or her Department Head prior to the commencement of c1ass(es) or the payment of fees for registration/tuition. B. 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 Personnel Services. C. The Executive Director of Personnel Services or his or her 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 to ascertain the eligibility of the intended course of instruction for reimbursement 34 under the provIsIOns of this policy pnor to the inception of the course or disbursement of personal funds. D. The employee will submit his or her copy of the approved application to the Personnel Services Department within three (3) months after he or she has completed the course and received his or her final grade. 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. E. Upon receipt ofthe application and required documentation, the Personnel Services Department will determine whether the completed course of instruction is compatible with the provisions ofthis Article and will compute the amount ofreimbursement, authenticate the application and forward it to the employee's Department Head. F. 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 concemed. 35 ARTICLE VIII 8.0 HOLIDAYS 8.1 Legal holidays observed by full-time permanent and probationary employees of the City of Santa Ana are as follows: o January I - New Year's Day. o Third (3'd) Monday in January - In observance of Martin Luther King, Jr.'s Birthday. o Third (3'") Monday in February - In memory of George Washington's Birthday. o Last Monday in May - In commemoration of Memorial Day. o July 41h - In observance of Independence Day. o First (I") Monday in September - In observance of Labor Day. o November lllh - In observance of Veteran's Day. o Fourth (4Ih) 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 251h - In observance of Christmas Day. o One (I) Floating Holiday - Any workday selected by the employee with prior permission ofthe 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. 8.2 Holidavs - Shift Personnel and Emvlovees on Alternate Work Schedules. A. Full-time employees whose regularly scheduled days off are other than Saturday and 36 Sunday shall be entitled to receive twelve (12) working days off during the year in lieu ofthe holiday benefits specified in Section 8.1 above. However, employees with alternative work schedules in the Community Preservation, Police Records, Detention Records. Fleet Services Divisions. and emvlovees on a 9/80 work schedule shall be credited with 96 hours of Holiday Time at the beginning of every calendar year in lieu oftwelve (12) holidays in the year. If any employee working in the above referenced catagories 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. B. 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. 8.3 Modified Holidav Schedule - Librarv Emolovees. Full-time employees assigned to the Library Department shall, during the term ofthis Agreement, observe holidays on the dates specified in Section 8.1 above. 8.4 A newly appointed employee must actually work at least one (I) 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 ofthe City must actually work at least one (I) 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 I above. 8.5 Holiday time off may be only be taken in increments of eight (8) hours. Employees assigned to the 4/1 0 plan in the Community Preservation Division of the Planning & Building Agency, in the Fleet Services Division ofthe Finance & Management Services Agency or the Police Records Division of the Police Department must use their holidays in ten (10) hour increments. Employees assigned to the 3/l1.5 plusl!5.5 plan in the Detention Records Division ofthe Police Department must use their holidays in 11.5 hour increments. Effective with the date or avvroval or this Memorandum or Understandinf! bv the Citv Council. emvlovees assif!ned to a 9/80 work schedule must use their holidavs in nine (9) hour increments as described in Section 3.2 (C) (3) (d) (] ) suvra. 8.6 Holiday benefits may not be carried over from one (I) calendar year to the next. 37 ARTICLE IX 9.0 VACATION 9.1 Pumose. 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. 9.2 Regular Vacation Period. A. Regular vacation with pay is granted to each full-time permanent or probationary employee, at the rate of fifteen (I 5) 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 of ten (10) working days for each of his or her first and second completed year of service, accrued at the rate of six and two-thirds (6 2/3) hours for each completed month of service. Thereafter, all such employees shall be granted regular vacation at the rate of fifteen (I 5) working days for each completed year of service accrued at the rate of ten (I 0) working hours for each completed month of service. B. 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. C. On or after the first (I ") 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. D. Vacation time off may be taken in increments as small as one-half (112) hour, with fractional usage rounded upward to the next higher multiple of one-half (112). E. Upon completion oftwo (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. 1. In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one (I) additional day of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of 38 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 ofthe Department Head, maybe deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 2. No employee may carryover from one (I) calendar year to the next, more than the equivalent oftwo (2) regular vacation periods from the previous two (2) years, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. 3. 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. 9.3 Longevitv Vacation. A. 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. Completed Years 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 Additional Davs II2 I I II2 2 2 II2 3 3 II2 4 4 II2 5 6 7 8 9 IO Hourlv Equivalent of Additional Days 4 8 12 16 20 24 28 32 36 40 48 56 64 72 80 B. No employee becomes eligible for longevity vacation until completion of the sixth (6th) year of continuous service, and each employee continues to earn the maximum 39 often (l0) working days (80 hours) oflongevity vacation for each completed year of service in excess of twenty (20) years. C. 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 layoff within one (1) year. Leave of absence without pay, as provided in Article X, Section 10.IE (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 oflongevity vacation. Absence on military leave followed by reinstatement, as provided in Section 9-143 ofthe 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. D. Effective Julv I. 2005. emvlovees covered bv this af!reement will be permitted to cash-out UD to fortv (40) hours of their current vear's allocation of 10nf/evitv vacation accrual on a straight time basis. Notwithstandinz Article VI. Section 6.3. such cash-out of/onzevitv vacation will not be counted or credited as time worked for vurvose of overtime calculation. Effective Julv 1. 2006. emvlovees covered bv this agreement will be vermitted to cash-out up to fiftv (50) hours of their current year 's allocation oflonf!evitv vacation. Effective Julv 1. 2007. employees covered bv this af!reement will be vermitted to cash out up to sixty (60) hours of their current vear's allocation of lonzevitv 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 anyone year by any combination of the vacations granted in these rules and regulations. Further, no employee may carry over from one (I) calendar year to the next more than the equivalent of one (I) longevity vacation period and the equivalent of one (I) 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 anyone year. 9.5 Excess Usage. If vacation time offis 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. 40 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 shaH not be considered as service time for regular and longevity vacation accrual purposes. 41 ARTICLE X 10.0 OTHER LEAVES OF ABSENCE 10.1 Sick Leave. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness, 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. B. Accrual. Each employee shall be entitled to, and shall earn, one (I), 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 anyone (I) 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. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: I. 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. 2. 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. Ifthe 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. 42 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. D. Limit. The maximum total accwnulation of sick leave with pay shalI be two hundred (200), eight (8) hour working days. Sick leave usage ofless than a fulI day shalI be charged inminimwn increments of one-half( 112) hour, with fractional usage rounded upward to the next higher multiple of one-half (112). E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted alI of his or her accrued sick leave if the City physician or a licensed physician designated by the City Manager indicates that the employee wilI be sufficiently recovered to return to his or her employment within a six (6) month period. Prior to the expiration ofthe additional time, the employee may return to his or her position provided that the employee has a certificate from one of the above mentioned physicians stating thatthe employee is able to perform alI 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 (I) year without pay. F. Extension bv Use of Accrued Compensatorv Time Off and/or Vacation. After an employee's sick leave has been exhausted, he or she may be granted pennission to use, first, any unused compensatory time off benefits, then, any unused vacation leave benefits he or she may have accrued. G. Notice. The employee taking sick leave shalI notify his or her immediate supervisor either prior to or within four (4) hours after the time he or she is scheduled to report for duty, or as otherwise established by departmental regulations. When the absence is more than three (3) consecutive working days, the employee must present to his or her Department Head a physician's certificate stating the cause of ilIness and that, in the physician's opinion, the employee could not report to work because of such ilIness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shalI 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 ilIness or injury may be required after an absence of any duration less than three (3) days. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful 43 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. L 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. J. Necessitv 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 ofthe 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 bybloodor 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; d) when the existence of external circumstances beyond the employee's control make it impossible for him or her to report for duty; or e) attend to medical or dental appointments for members of the employee's household. For the purposes ofthis 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. 1. Except in cases of disability retirement, upon nondisciplinary termination of employment after ten (I 0) years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for one-third (1/3) ofthe 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 cash-out after ten (10) years of service shall be equal to 427 hours (53.33 x 8). 44 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 (II3) ofthe 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. 2. 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: a. Premiums have been paid on behalf of the former employee until all monies are exhausted; or b. 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. c. Except in cases of disability retirement, upon nondisciplinary termination of employment after fifteen (I5) 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. 10.2 Bereavement Leave. A. An employee shall be granted up to 24 hours leave without loss of pay in case of death of a member ofthe employee's immediate family. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: I. Any member of the employee's household related by blood or marriage; 2. A parent, parent-in-law, spouse, child, brother, sister, grandparent or grandchild of the employee, regardless ofresidence; 45 3. Any otherrelative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. B. Whenever an emvlovee is required to travel one waY more than 500 miles to attend to the death of a member of the emvlovee 's immediate family. an emvlovee may use uv to sixteen (J 6) hours of additional leave charged to their Personal Necessitv Leave balance when authorized bv the Deoartment Head. 10.3 MiJitarv Leave. A. 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 ofthe Civil Service Rules and Regulations of the City of Santa Ana. B. Temporarv. 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 ajuror ornon-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 offbenefits. 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 46 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. lO.8 Authorized Absence Without Pav - 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. lO.9 Industrial Leave. Anyperiod of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation and seniority. 10.10 Pregnancv Disabilitv 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 ofthe 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 ifthe employee pays a cash premium to continue coverage while on a leave of absence without payor is covered 47 under the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) provIsIOns. 48 ARTICLE XI 11.1 EMPLOYEE INSURANCE 11.1 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: A. 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. B. Effective Julv 1. 2005. the Citv shall contribute toward medical Dremiums an amount consistent with the rates then in effect for each tier of the CalPERS Kaiser Permanente HMO Other Southern California vlan C. Effective Januarv 1.2006. Januarv 1.2007. and Januarv 1.2008. resvectivelv. the Citv shall contribute toward medical premiums an amount consistent with the rates then in effect for each tier of the CalPERS Kaiser Permanente HMO Other Southern California vlan D. Anv contribution necessary to maintain benefits under said medical Dlans in excess of the amount set forth above shall be borne entirelv bv the emDlovee. 11.2 Dental Insurance. Effective Januarv 1.2004. throuf!h December 31.2005. the Citv af!rees to contribute a maximum ofuD to seven tv ($70) dollars Der month Der emvlovee toward the Davment of vremiums for dental insurance vlans vrovided bv the Citv for emDlovees covered bv this Agreement and their elii!ible devendents. Effective Januarv 1. 2006. the Citv contribution amount will be increased to a maximum of UD to eii/htv ($80) dollars ver month ver emDlovee. Effective Januarv 1. 2007. the Citv contribution amount will be increased to a maximum OfUD to ninetv ($90) dollars ver month Der emDlovee. Any contribution necessary to maintain benefits under said dental plans in excess of the amount set forth above shall be borne entirely by the employee. 11.3 Long-Term Disabilitv (L.T.D.) Insurance. Effective January I, 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 L TD plan. For employees who elect to upgrade their LTD benefit coverage to a 60 day elimination period plan, the City will contribute up to eleven dollars ($11.00) per month. Any amount necessary 49 to maintain benefits under the long term disability insurance plans provided by the City in excess ofthe amounts set forth above shall be borne by the employee. 11.4 Life Insurance. The City shall maintain in effect for the term ofthis Agreement its existing life plans covering employees covered by this Agreement on the same basis as its plans are offered to the employees as ofJune 30, 1998, including term life insurance coverage for each affected employee in the amount oftwenty thousand dollars ($20,000) plus twenty thousand dollars ($20,000) Accidental Death and Dismemberment (AD&D) coverage at no cost to the employee. 11.5 When there is a need to discuss matters relating to emp loyee insurance and the City believes it would be beneficial to involve an Insurance Committee, the Union shall have an equal number ofrepresentatives as the City on such a committee to meet as necessary. 11.6 Medical Retirement Subsidv Plan. A. Based on the first payroll period in October, 2001 and no later than October 31st each year thereafter for the term ofthis 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 ofSEIU. 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 ofthis 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 I, 2001. Ifan employee retires between July I, 2001 and February I, 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. B. E(fective Julv 1. 2004. Julv 1. 2005. and Julv 1. 2006. resvectivelv. the City's contribution toward the Medical Retirement Subsidv Plan shall increase bv 0.1% each vear under the conditions svecified in Section 11.6 A above. C Effective Julv 1. 2007. the CiN 's contribution toward the Medical Retirement Subsidv Plan shall increase bv 0.2% under the conditions svecified in Section 11.6 A above. With this final contribution amount. the Citv's maximum contribution toward the 50 SEIU Medical Retirement Subsidy Plan will eQual 1.0% of the bariZaininiZ unit's salary base. 11.7 Vision Plan. As soon as Dracticable after the approval of this Memorandum of UnderstandiniZ bv the Citv Council. the Citv aiZrees to imDlement a non-contributory vision plan throufJh Davroll deduction for emDlovees wishiniJ to DarticiDate in such a Dlan. 51 ARTICLE XII 12.0 RETIREMENT 12.1 General. The terms of the existing contract between the City and California 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. 12.2 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 (I 00%) 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 CaIPERS, the City shall include these payments as if they were a part of the employee's base salary. 12.3 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 (I %) ofthe total cost of3.266% for the 2% at 55 retirement benefit by authorizing a one percent (I %) deduction from their salary (two (2) salary rate ranges) effective July I, 1997. Effective November I, 2001, this one percent (I%) deduction is eliminated. 12.4 Credit for Unused Sick Leave. Effective January I, 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 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 52 section applies to members whose effective date of retirement is within four (4) months of separation from employment. 12.5 Militarv Service Credit as Public Service. Effective January I, 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 and Union may reopen Article XII Retirement, for the purpose of negotiating any new Retirement Formula for Local Miscellaneous Members that currently is available to contracting agencies. The Citv and Union agree to meet and commence discussions vertaininf! to an enhanced retirement formula no later than ten davs alier receivinf! the actuarial revort from CalP ERS on the cost of vrovidinf! such formula. The vartv reauestinf! the meeting will be resvonsible for vaving CalPERS for the cost of the actuarial revort. If negotiations on a new Formula for Local Miscellaneous Members is successfully completed, the City will proceed to amend its contract with the California Public Employees Retirement System (CalPERS) as soon as practicable. 53 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 ofthe mechanic. The City will continue with one (1) or more vendors an account(s) for said employees who have at least one (I) 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'sjob 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. 54 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 (II) 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 ofunifonns made of dacron and one (I) wool sweater. The Union agrees that any such employee who wishes to be provided with one (I) 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). 55 ARTICLE XV 15.0 SAFETY 15.1 General. The City and the employees ofthe 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 Safetv 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. A. 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. B. 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-4l. C. If a particular classification of employment is designated as requiring its incumbents to wear safety shoes, then it will be mandatory for all incumbents of that classification 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 ofthe City's Safety Officer.) D. The procedure necessary to be followed for the imp lementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. 56 ARTICLE XVI 16.0 RESIDENCY 16.1 Employees covered by this Agreement are permitted to reside outside the limits of Santa Ana 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 of a circle drawn with the City Hall of the City of Santa Ana as the center and the radius of which extends to the southem most point of the County of Orange. A. Any employee desiring to take advantage ofthe opportunity to reside outside of the area stated within this section shaH first request permission to do so from the Department Head. Said request shall be granted by the Department Head ifhe or she determines the intended residence is not an unreasonable distance from and/or does not require an unreasonable response time to the employee's place of employment. B. If the Department Head refuses the said request, the employee shaH have a right to appeal said determination to the City Manager. 57 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 ofthis Agreement, or ofthe 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 A. 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 ofthe alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (I5) 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 grievance, and in the manner specified above, within fifteen (I 5) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. D. Any resolution of the grievance at the informal stage by any person other than a middle manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application ofthis Agreement. 17.3 Formal Process. A. Second Step. The Department Head or his or her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review 58 the grievance and may affirm, 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. B. 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 (IS) 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. 59 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 work site leaderslstewards. A Such reasonable number of work site leaders/stewards recognized by the City shall be limited to fifteen (15). B. 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 I 939/Service Employees International Union Local 347, AFL- CIa Bylaws, as well as the names and classification titles of all work site leaders/stewards and other Union representatives. The Union agrees to inform the City in writing of any changes in said list within ten (IO) calendar days. C. 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 pursuant to this provision ofthe Agreement. D. 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 and report to their supervisors on the work time 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 60 considered time worked for computation of overtime according to the Fair Labor Standards Act. E. President's Leave Time. During the term ofthis Agreement, the City agrees to grant the Union President 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: 1. The Union President 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 ofthe MOO. 2. The Department Director ofthe 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. 3. The Department Director ofthe 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 Union President to be onsite working on City business four (4) hours each day five (5) days a week The Department Director may change the schedule ofthe Union President upon reasonable notice to the Union President. 4. During the period oftime 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 Union President during his or her work time shall be referred to the Union's offsite headquarters. 5. Time paid for conducting Union business shall not count towards the computation of overtime. 6. The Union shall reimburse the City for 100% of the salary, including any premium payments and benefit costs for the President's leave time. Such reimbursement may be from the bank established pursuant to this Agreement or directly from the Union. 7. 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 ofthe 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 61 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). 8. 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. 9. 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 canceled nor coverage reduced except upon ten (I 0) working days prior notice to the City of Santa Ana. 10. The Union shall indemnify and save harmless the City of Santa Ana, 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, 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 ofthe 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 62 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: a. 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. b. 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. c. 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 ofthe 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 Business Leave, dollars will be withdrawn from such Union Business Leave Bank, equal to the hourly rate (with benefit cost) ofthe 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 ofthe 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. 63 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 off without 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 ofthe City of Santa Ana. The Union President shall have up to twenty (20) hours per week or one thousand forty (I,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. A. 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 managerresponsible for the worksite. B. Such visits shall not disrupt the work of City employees, interfere with the normal operations of the department or with established safety and security requirements. Where any such problems arise, the Union and the City will agree on an alternate meeting/conference facility for the purpose of providing a place for the Union to hold a meeting before or after work or during lunch periods. If the City facility provided 64 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. C. Solicitations of membership and all activities concerned with the internal management ofthe 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. D. 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. 18.3 Release Time for Employee Representatives. A In the event that the Union is formally meeting and conferring with representatives ofthe 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 offwithout loss of compensation or other benefits. B. 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. C. Such meetings are subject to scheduling in a manner consistent with City operating needs and work schedules. 18.4 Use of Bulletin Boards. Space shall be made available to the Union on the City's existing employee bulletin boards for the purpose of posting notices pertaining to Union business, subject to the following conditions: A. 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. B. Material posted is not derogatory to the City, City employees or other employee organizations. C. All materials are dated, identify the Union and bear the signature of the authorized representative(s) ofthe Union responsible for their issuance. 65 D. The City reserves the right to detennine what reasonable portion of employee bulletin boards are to be allocated to Union materials. E. If the Union does not abide by these provisions, it will forfeit its right to have materials posted on the City's employee bulletin boards. F. The Union shall not be permitted to post any material that is prohibited by State law or the City Charter. 18.5 Use of City Facilities. The City shall allow the Union to conduct meetings in the City's public meeting rooms during non-working hours provided such meetings are scheduled in accordance with regulations governing the use of public meeting rooms at City facilities; provided, however, the Union shall not be permitted to use City facilities to discuss or present any matter that is prohibited by State law or the City Charter. 66 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 Ag:encv Shop. A. All employees represented by the Santa Ana City Employees, Chapterl939/Service Employees International Union Local 347, AFL-CIO, shall, as a condition of continuing employment become and remain members ofthe 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 iflegally authorized. B. 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 payro II section. The effective date of Union dues, service deductions or charitable contribution for such employees shall be the beginning of the first pay period of employment. C. Any employee ofthe 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 of a 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 (I5) calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City Manager 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. 67 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, hamlless 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. 68 ARTICLE XX 20.0 CITY RIGHTS 20. I The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision ofthis Agreement or by law to manage the City, as such rights existed prior to the execution ofthis Agreement. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in canying out all City functions, including but not limited to the right to contract for or subcontract any work or operation ofthe City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similarnon-disciplinaryreason, 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. 69 L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Agreement. o. To determine policies, procedures, and standards for selection, training and promotion of employees. P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and aU 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 ofJaw, 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 ofthe 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. 70 ARTICLE XXI 21.0 STRIKES & WORK STOPPAGES 2 I.l Prohibited Conduct. A The Union, its officers, agents, representatives, and/or members agree that during the term ofthis Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out, or any other unlawful job action by withholding or refusing to perform services. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority without right of appeal to the Personnel Board in accordance with City Charter Section 1014. 21.2 Union Responsibilitv. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section I, 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 I, Subsection A above, and return to work. 71 ARTICLE XXII 22.0 LAYOFFS 22.1 If it is decided to contract out work currentlv beinz oerformed bv emolovees of this barzaininz unit and it is oroiected that no emDlovee covered bv this Azreement is to be laid off. receive a reduction in hours worked, or receive a loss in Dav due to said contractinz out, the Citv shall orovide the Union reasonable notice of the decision to contract out. will meet with the Union UDon the Union's reauest over the imoact of the decision to contract out and will consider reasonable alternatives orovided bv the Union. 22.2 If the Citv determines to contemDoraneouslv reolace emolovees covered bv this Azreement with contract workers to oerform the same work under similar circumstances, it will exoeditiouslv notifV the Union of its intentions. Uoon reauest bv the Union the Citv will schedule meetinf!s with the Union leadershio to discuss this obiective and zive the Union the oDoortunitv to Dresent information before anv final decision. The Citv and Union leadershio af!ree to commence meetinfJ when oracticable for a period not to exceed fortv-five davs, unless mutuallv afJreed to meet lonzer. At the end of the azreed uoon time and if the oarties have not achieved satisfactory resolution. the issues will be resolved accordinz to the Citv 's Emolover-Emolovee Relations Resolution (Resolution No. 81-751. 22.3 Notwithstandinz Section 22.1 and lor Section 22.2 hereof. if anv barzaininfJ unit member is laid off as a result of a decision bv the Citv to contract out work. the Citv shall make a reasonable effort to cause the affected emolovee(s) to become emoloved bv the comoanv or entitv with which the Citv contracted for the aoolicable services. 22.4 It is the hooe of the Citv not to seoarate anv emolovee(s) from emolovment because of a reduction in the work force or work week durinfJ the term of this Azreement. However. circumstances arisin>: durinf! this AfJreement mav require such seoaration(s). In that event, the Citv will orovide reasonable notice to the Union of the details of the seoaration(s) in order to meet and exchanze information, ooinions and orooosals refJardinf! the conseauence(s) of the seoaration(s) on the emolovee(s). This orovision in not intended to be a waiver of anv other rizhts the oarties mav have under this Af!reement. 22.1 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 ofthe principles outlined in this Article XXII shall be subject to the grievance procedure. A. 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 72 employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first. B. In lieu oflayoff, an employee may elect to work in a lower classification, in which he or she has served, providing that classification is within the same job family/career ladder. In that event, the employee's length of service in the next lower classification will be added to his or her length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications. C. The reemployment list shall be valid for one year from the date of its establishment. Reemployment shall be in reverse order ofIayoffs. The Joint Labor Management Committee will determine Job Family/Career Ladder. 22.{1 A bargaining unit employee who is laid off from fulI 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 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 (1801h) day folIowing the initial day of such temporary appointment, whichever occurs first. 73 ARTICLE XXIII 23.0 MISCELLANEOUS PROVISIONS 23.1 The City agrees to provide a list each month to the Union with names and classification titles of bargaining unit employees who have separated from full-time City service, and the names and classification titles 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 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic, non-industrial medical condition or injury, the City and 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. A Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. I. Employees may donate vacation or compensatory time or one in lieu holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two-week period to submit donations. Donations received after this two-week period shall not be processed. The two-week period for each case shall be designated by the Department Head or his or her designee as provided herein below. 3. 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. 4. Any authorization of donations not made in accordance with the procedures outlined in Section C, Subparagraph 2 below, will not be processed. 74 5. All donations shall be irrevocable. 6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article X, Sections ID.lA through 10.IK. 7. Donations shall be limited to employees ofthis bargaining unit or any other unrepresented unit. B. Eligibility. Regular, full-time employees shall be eligible for Catastrophic Leave Donations if the following criteria are met: I. 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. 2. 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. C. Procedure. I. 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 infonnation shall be included in the posted notice. 2. 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. b. 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 ofthe recipient; d. A statement indicating that the donor understands such donation of time is irrevocable. 75 3. 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. 4. 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. 5. The City shall add the donated time to the recipient's sick leave account. 23.4 Joint Labor Management Teams. The City and the Union agree to form Joint Labor Management teams for the purpose of exploring issues of mutual concern. 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 (I) 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: A. Career Ladder/Job Familv (for the purpose of developing career ladder/job family series to be used in promotions or in the event oflayoffs). B. 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). 76 ARTICLE XXIV 24.0 SOLE & ENTIRE AGREEMENT 24.1 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 Ana. 24.2 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, filrther, however, no provision of the rules and regulations shall be changed to contravene specific provisions ofthis Agreement. 77 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 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. 78 ARTICLE XXVI 26.0 EMERGENCY WANER 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 ofthis 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. 79 ARTICLE XXVII no 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 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. 80 ARTICLE XXVIII 28.0 TERM OF AGREEMENT 28.1 The term of this Agreement shall be from June Z. 2005 through June 1!2. 2008. 81 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 force and effect until ratified by the membership ofthe Union and adopted by the City Council ofthe 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 6th day of June, 2005. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: June 7. 2005 // //')//) By: ~(L d/;/ /,f[:" "_/ City Manager Dated: hHl.Q 7,2005 Dated: June 7, 2005 ATTEST: l Cj Cil-t)---W- ~ ~2J i .'Clerk of the Council APPROVED AS TO FORM: ~~ , I 82 This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter I 939/Service Employees International Union Local 347, AFL-CIO. Dated: 7-';;;7-1)5 SEW: /~#~/ '~unt Legal Counsel B~&~M1) David Biondolillo, President r ~o~cik Field Representative A2- ;;~/i ~ ., ///"' t>~Ji avid J. Rodrigue / '. Cecilia Flores .-.~_.' , ..> Qo _' ~ '^"", ' ~ .?-f2..\../'Y"'""o- c, stina ~. Spina '- -. ~vJQoJ Paula Wood IVd//t1J Willard Ho ~/2 / I A ~- 41 ado " ~ 83 SEIU BASIC SALARY & WAGE SCHEDULE EXHIBIT A Page I of2 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 emptoyees. The salary rate ranges are identified by a three digit number and steps by letters AA, A to E inclusive. For SEIU emptoyees, the purpose of each step and the length of service required for advancement within the rate range are sununarized as follows: Pumose: AA Step A Step B Step C Step D Step EStep 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 classifications. Automatic Increase, and is maximum hiring rate. Merit Rate. Required Length of Service: AAtoA A toB B toC C toD 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 colunm on the teft and the third digit is listed horizontally across the top and identifies the appropriate column. This three digit range number locates the "AA" step of the range, which is the first ofthe 6 steps. Steps HA," "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 ofthe RangeNo.). The "AA" stepof$1476has the remaining steps shown directly beneath it; thus the full, six step range is 1476-1549-1627-t 708-t 793-t883. In the same manner, Range No. 455 is found to be t921-2017-2118-2223-2334-245L SALARY SCHEDULE MA TRlX 0 2 3 4 5 6 7 8 9 35 1151 1156 1162 tt68 1174 1180 1185 1191 1197 1203 36 t209 12t5 122t 1227 t233 1239 1245 125t 1258 1264 37 1269 1275 1281 1288 1294 1301 1307 1314 1320 1327 38 t332 t338 1345 1352 1358 1365 1372 1379 1386 1393 39 t399 1405 14t3 1420 t427 1434 t441 1448 1455 1463 40 1469 1476 1483 149t 1498 t506 t513 1521 t528 t536 41 t542 t549 1557 1565 t573 1580 1588 1596 1604 16t2 42 t619 1627 1635 1643 t651 1659 t668 t676 1684 t693 43 1700 1708 1717 t725 1734 t742 175t 1760 1769 1778 44 1785 1793 1802 1811 t820 1830 t839 1848 1857 t866 45 1874 1883 t892 t902 1911 t921 t930 1940 t950 t960 46 t968 1977 t987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2t50 2t60 48 2t69 2t79 2t90 2201 22t2 2223 2234 2246 2257 2268 49 2277 2288 2299 23tl 2322 2334 2346 2357 2369 2381 84 SEIU BASIC SALARY & WAGE SCHEDULE EXHIBIT A (Continued) Page 2 0[2 50 2391 2402 2414 2427 2439 245t 2463 2475 2488 2500 51 25t t 2523 2536 2548 2561 2574 2587 2600 26t3 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 28tO 2824 2838 2853 2867 288t 2896 54 2907 2921 2936 2950 2965 2980 2995 30tO 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3t76 3t92 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 384t 3861 3880 60 3896 39t5 3935 3954 3974 3994 40\4 4034 4054 4074 6t 409\ 4111 4132 4t52 4t73 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 460t 4624 4648 4671 4694 47t8 64 4741 4764 4787 48tO 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5t5t 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 546t 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 58t8 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 61\0 6t40 6170 6200 6230 6260 629t 6322 70 6353 6384 64t6 6446 6478 6510 6542 6574 6606 6638 71 6670 6702 6735 6768 680\ 6835 6869 6903 6937 697t 72 7005 7039 7073 7107 7141 7176 721\ 7247 7283 73\9 73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 74 7723 776t 7799 7837 7875 7913 7951 7989 8029 8069 75 8\09 8\49 8189 8229 8269 8309 8349 8389 843\ 8473 76 85t5 8557 8599 8641 8683 8725 8767 8809 8853 8897 77 894\ 8985 9029 9073 9tt7 9161 9205 9250 9296 9342 85 EXHIBIT B SANTA ANA CITY EMPLOYEES CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO FOR FISCAL YEARS JULY 1,2004 THROUGH JUNE 30, 2008 JOB TITLE Assigned 6-Step Salary Rate Range Numbers Effective: 7/1/2004 RANGE NO. ACCOUNTANT I ACCOUNTANT II ACCOUNTING ASSISTANT ACCOUNTS PAYABLE SUPERVISOR ARTS ADMINISTRATOR ASStSTANT BUYER ASSISTANT ENGINEER - TRANSPORTATION (T) ASSISTANT ENGINEER I ASSISTANT ENGINEER II ASSISTANT FLEET EQUIPMENT TECHNICIAN ASSISTANT LIBRARIAN ASSISTANT PARKS/LANDSCAPE PLANNER ASSISTANT PLAN CHECK ENGINEER I ASSISTANT PLAN CHECK ENGINEER II ASSIST ANT PLANNER I ASSISTANT PLANNER II ASSOCIATE PARK AND LANDSCAPE PLANNER ASSOCIATE PLAN CHECK ENGINEER ASSOCtATE PLANNER ASSOCIATE ZOO CURATOR BOOKMOBILE OPERATOR BUILDING INSPECTOR BUILDING MAINTENANCE SUPERVISOR BUILDING MAINTENANCE TECHNICIAN BUILDING TECHNICIAN BUSINESS TAX COLLECTOR/INSPECTOR BUYER CENTRAL SERVICES SUPERVISOR COMBINA nON BUILDING INSPECTOR COMMUNITY CENTER COORDINATOR COMMUNITY CENTER REPRESENTATIVE COMMUNITY DEVELOPMENT DISTRICT MANAGER COMMUNITY DEVELOPMENT RESOURCE COORDINATOR COMMUNITY DEVELOPMENT TECHNICIAN COMMUNITY EVENTS COORDINATOR 598 626 547 60t 599 562 640 626 640 542 556 607 626 640 607 627 657 655 657 596 525 607 617 565 559 571 611 571 607 607 566 677 657 576 566 86 JOB TITLE COMMUNITY EVENTS SUPERVISOR COMMUNITY PRESERVATION INSPECTOR COMMUNITY PRESERVATION INSPECTOR II (T) COMMUNITY PRESERVATION TECHNICIAN COMMUNITY SERVICES SUPERVISOR COMPUTER OPERATIONS COORDINATOR COMPUTER OPERA TOR COMPUTER PROGRAMMER COMPUTER SYSTEMS ANAL YST/PROGRAMMER CONSTRUCTION INSPECTOR I CONSTRUCTION INSPECTOR II CONTRACTS ADMINISTRATOR CUSTODIAN 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 ELECTRlCALINSPECTOR EMPLOYMENT SERVICES FISCAL SPECIALIST ENGINEERING DRAFTING TECHNICIAN I ENGINEERING DRAFTING TECHNICIAN II ENVIRONMENTAL COORDINATOR EQUIPMENT OPERATOR EQUIPMENT OPERA TOR - MOTOR SWEEPER (T) EQUtPMENT OPERATOR - STREET(T) EQUIPMENT OPERATOR - TRAFFIC PAINT EQUIPMENT OPERATOR - WATER MAINTENANCE EXECUTIVE SECRETARY FACILITIES SUPERVISOR FINANCE EXECUTIVE SECRETARY FLEET EQUIPMENT SUPERVISOR FLEET EQUIPMENT TECHNICIAN I FLEET EQUIPMENT TECHNICIAN II FLEET EQUIPMENT TECHNICIAN III FLEET PARTS SPECIALIST 7/I/04 RANGE NO. 632 607 627 559 654 662 571 614 634 607 617 607 500 552 555 525 516 525 566 508 580 576 627 657 687 607 598 576 607 657 566 566 566 566 566 564 617 564 63t 572 592 607 582 87 JOB TITLE 7/1/04 RANGE NO. 525 586 617 565 637 568 588 627 498 624 667 513 645 536 645 687 546 570 560 587 513 457 657 581 550 560 536 596 453 498 473 536 597 479 500 520 540 546 642 576 682 642 498 GENERAL MAINTENANCE AIDE GENERAL MAINTENANCE LEADER GENERAL MAINTENANCE SUPERVISOR GENERAL MAINTENANCE WORKER GIS ADMtNISTRA TOR GRAPHICS DEStGNER I GRAPHICS DESIGNER II GRAPHICS SUPERVISOR HOUSING AUTHORITY AIDE HOUSING AUTHORITY ANALYST HOUSING AUTHORITY COORDINATOR HOUSING AUTIIORITY INTAKE SPECIALIST HOUSING AUTHORITY OPERATIONS SUPERVISOR HOUSING PROGRAMS AIDE HOUSING PROGRAMS ANALYST HOUStNG PROGRAMS COORDINATOR HOUSING SPECIALIST I HOUSING SPECIALIST II INFORMATION SERVICES REPRESENTATIVE INSTRUMENT TECHNICIAN INTAKE SPECtALIST KENNEL ATTENDANT LANDSCAPE DEVELOPMENT ASSOCIATE LEAD ACCOUNTING ASSISTANT LEAD DETENTION RECORDS SPECIALIST LEAD POLICE RECORDS SPECIALIST LEARNING CENTER TECHNICIAN LIBRARIAN LIBRARY AIDE LIBRARY SERVICES ASSISTANT LIBRARY SPECIALIST LIBRARY TECHNICtAN LOAN SPECIALIST MAIL CLERK/MESSENGER MAINTENANCE ASSISTANT MAINTENANCE WORKER 1 MAINTENANCE WORKER It METER READER COLLECTOR MICRO SYSTEMS PROGRAMMER MICRO SYSTEMS TECHNICIAN NETWORK ENGINEER NETWORK SPECIALISTIW AN SYSTEMS ADMINISTRATOR OFFICE ASSISTANT 88 JOB TITLE 7/1/04 RANGE NO. 473 567 398 569 617 525 525 586 579 529 559 545 627 597 626 587 564 607 645 518 585 546 682 642 667 546 546 586 530 627 536 547 656 513 560 541 546 486 566 617 607 627 667 OFFICE SPECIALIST OFFICE SUPERVISOR PARK MAINTENANCE AIDE PARK MAINTENANCE LEADER PARK MAINTENANCE SUPERVISOR PARK MAINTENANCE WORKER PARK NATURALIST P ARK RANGER PARKING METER OPERATIONS SUPERVISOR PARKING METER TECHNICIAN I PARKING METER TECHNICIAN II PERMIT PROCESSOR PERMIT SUPERVISOR PERMIT TECHNICIAN PLAN EXAMINER (T) PLANNING ASSISTANT PLANNING COMMtSSION 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 ASSIST ANT PURCHASING SPECIALIST PURCHASING SUPERVISOR 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 89 JOB TITLE REDEVELOPMENT PROJECT MANAGER III REPROGRAPHlC EQUIPMENT OPERATOR RESIDENTIAL CONSTRUCTION SPECIALIST REVENUE AND CONTRACT COMPLIANCE AUDITOR REVENUE PROCESSING ASSISTANT REVENUE SUPERVISOR SANITATION INSPECTOR I SANITATION INSPECTOR II SECRETARY SENIOR ACCOUNTANT SENIOR ACCOUNTING ASSISTANT SENIOR ASSIST ANT ENGINEER SENIOR BUILDING INSPECTOR SENIOR CIVIL ENGINEER SENIOR COMBINATION BUILDING INSPECTOR SENIOR COMMUNITY PRESERVATION INSPECTOR SENIOR DEPUTY CLERK OF TIlE COUNCIL SENIOR DETENTION RECORDS SPECIALIST SENIOR ELECTRICAL INSPECTOR SENIOR ELECTRICAL SYSTEMS SPECIALIST SENIOR ENGINEER SENIOR FLEET EQUIPMENT SUPERVISOR SENIOR GRADING SPECIALIST SENIOR HOUSING SPECIALIST SENIOR LAND SURVEYOR SENIOR LIBRARIAN SENIOR LIBRARY SERVICES ASSISTANT SENIOR LIBRARY TECHNICIAN (T) SENIOR OFFICE ASSISTANT SENIOR OFFICE SPECIALIST SENIOR PARK MAINTENANCE SUPERVISOR SENIOR PLAN CHECK ENGINEER SENIOR PLANNER SENIOR PLUMBING INSPECTOR SENIOR PLUMBINGIMECHANICAL SYSTEMS SPECIALIST SENIOR POLICE RECORDS SPECIALIST SENIOR PROGRAMMER ANALYST SENIOR RECEPTIONIST SENIOR RECREATION CENTER DIRECTOR SENIOR RECREATION SUPERVISOR SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST SENtOR SYSTEMS ADMINISTRATOR SENIOR TRAFFIC ENGINEER 7/1/04 RANGE NO. 687 505 607 626 516 60t 556 597 543 645 562 655 627 678 627 627 596 535 627 627 678 651 627 608 688 601 525 556 525 498 647 678 677 627 627 545 662 543 55t 647 627 634 678 90 JOB TITLE SENIOR TRANSPORTATION ANALYST 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 BUYER SUPERVISING LIBRARIAN SUPERVISING LIBRARY SERVICES ASSISTANT SUPERVISING PARK RANGER SURVEY PARTY CHIEF SURVEY PARTY TECHNICIAN I SURVEY PARTY TECHNICIAN II SYSTEMS ADMINISTRATOR SYSTEMS SUPPORT ANALYST SYSTEMS TECHNICIAN TELECOMMUNICATIONS COORDINATOR TELECOMMUNICATIONS CUSTOMER SERVICE REPRESENTATIVE TENANT SERVICES TECHNICIAN TRAFFIC TECHNICIAN TREASURY SERVICES SUPERVISOR TREE MAINTENANCE SUPERVISOR TREE lRIMMER UTILITY tNSPECTOR 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 OPERA TOR II WATER SYSTEMS OPERATOR Il1 WEB SYSTEMS TECHNICIAN 7/1/04 RANGE NO. 678 647 607 53t 541 576 576 6t7 560 667 641 629 530 611 640 576 607 602 662 542 644 555 543 630 601 617 560 597 598 492 586 586 617 540 545 565 637 597 617 553 573 587 542 91 JOB TITLE 7/1/04 RANGE NO. 516 687 542 567 587 642 547 596 547 457 5t7 547 596 WEB SITE ENTRY SPECIALIST WORK CENTER COORDINATOR WORKFORCE SPECIALIST I WORKFORCE SPECIALIST II WORKFORCE SPECIALIST JII WORKFORCE SPECIALIST IV ZOO ANIMAL REGISTRAR ZOO CURATOR OF EDUCATION ZOO EDUCATION SPECIALIST ZOO KEEPER AIDE ZOO KEEPER t ZOO KEEPER II ZOO MAINTENANCE SUPERVISOR (T) designates a "terminal" classification. A position classification that has been designated as "terminat" by formal City Conncit action wit! 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 classification that has been so assigned. 92 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 Councit of the City of Santa Ana declares that it is the public policy ofthe 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 rutes 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 Emptoyees, 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 I: Title of Resotution This Resolution shall be known as the "Employer-Emptoyee Relations Resotution of the City of Santa Ana". Section 2: Definitions As used in this Resolution, the following terms shall have the meanings indicated: APPROPRlA TE UNIT - means a unit of emptoyee classifications or positions established pursuant to Section I I of this Resotution. CITY - means the City of Santa Ana, a municipal corporation, and where appropriate herein, "City" refers to the City Councilor any duly authorized management emptoyee as herein defined. DAY - means calendar day unless expressly stated otherwise. EMPLOYEE - means any person regutarly 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 ofrnanagement positions with respect to employer-employee relations. EMPLOYEE, MANAGEMENT - means any employee having responsibility for formutating, administering or managing the implementation of City policies or programs, including but not limited to, department and assistant department heads, division heads, and professionat administrative staff employees employed to render advice and assistance pertaining to the conduct oflegal, fiscal, budgetary, personnet management and employer-emptoyee relations affairs of the City. 93 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 emptoyee, regardless of job description or title, having authority, in the interest ofthe 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 merety routine or clerical nature, but requires the use of independent judgment. EMPLOYEE ORGANIZA nON - means any lawful organization which includes employees of the City and which has as one of its primary purposes representing such employees in their emptoyment relations with the City; provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or national origin. EMPLOYEE RELA nONS OFFICER - means the City's principal representative in all matters of employer-employee retations 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. GRlEV ANCE - means a dispute, claimed by an employee, group of emptoyees 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. MEDIA nON OR CONCILlA TION - 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 - (sometmies referred to herein as "meet and confer" or "meeting and confemng") - means the performance by duly authorized City representatives and duly authorized representatives of a recognized emptoyee 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 bndget 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 Ana Police Department whose principat 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 purposes ofthis Resotution 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 94 or assistant state fire marshat, or in any capacity wherein the member would have the status of peace officer for pmposes other than that of this Resolution. RECOGNIZED EMPLOYEE ORGANIZATION - means an emptoyee organization which has been granted formal recognition by the Employee Relations Officer as the employee organization wbich 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 t t 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 etection as the exclusive representative of the emptoyees in an appropriate representation unit pursuant to Section I t oithis Resolution. SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer-employee retations including, but not limited to, wages, hours, and other tenus 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 Emplovee Relations Officer The City Council hereby designates the City Manager as the Employee Retations 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 retations rule and procedures adopted pursuant thereto. The Employee Relations Officer is authorized to delegate his duties and responsibilities. Section 4: Meet and Confer ill 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 finat 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 taw or by the City Charter. Section 5: Notice The City wilt give reasonable written notice to each recognized employee organization affected by any ordinance, rule, resolution, or regutation retating 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 Emptoyee Relations Officer prior to such adoption. In cases of emergency when the City detennines 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 Recofmition 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 and address of the employee organization. 95 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 retations with the City. A statement whether the employee organization is a chapter or tocal of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state or international organization. Certified copies of the emptoyee 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 wilt be deemed sufficient notice on the employee organization. A statement that the emptoyee organization is cognizant of the provisions of Section 3509 of the Meyer-Mitias-Brown Act. 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 fited, 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 tanguage and form as the Emptoyee Retations Officer shall prescribe and shalt be submitted for confirmation to the Emptoyee Relations Officer to a mutually agreed upon disinterested third party. Notwithstanding the above, the Employee Retations Officer, in his sole discretion, may accept emptoyee 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 anyone employee shall not be considered as proof of employee support for any emptoyee organization, unless it can otherwise be shown that the dues deduction for the petitioning organization is the ontyone 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 penatty of perjury , by the duly authorized officer(s) ofthe emptoyee organization executing it. The Employee Relations Officer may require additionat information as required by this Resolution to be included in the Petition. The Employee Relations Officer shalt give prompt written notice of the filing of a Petition to any recognized employee organization affected thereby. Section 7: City Response to Recolmition Petition Upon receipt of the Petition, the Employee Relations Officer shall within ten (t 0) days determine whether: 96 There has been compliance with the requirements of the Recognition Petition; and 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 ofthe foregoing matters are not affirmatively determined, the Employee Relations Officer shall meet and discuss the matter with such petitioning employee organization, and, if such detennination thereafter remains unchanged, shall infonn 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: Ooen 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 unit, 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 (15) 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 ofthis Resolution. All employee organizations who have duly subntitted 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, 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 fonnally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an election or runoff election if it received a numerical majority of all valid 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 runoff election shall be conducted between the two choices receiving the largest nnmber of valid votes cast (that is, either between two employee organizations, or one employee organization and no representation); the rules governing an initial 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 valid 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 shall be borne in equal shares by the City and by each employee organization appearing on the ballot. 97 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 shall 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 files with the City the information required by Section 6(a), 1 through 13 of this Resolution. Nothing contained herein shall preclude an employee organization from filing a petition for recognition pursuant to Section 6 or Section 10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981. Section 10: Procedure for Decertification of Recol!nized Emolovee On!3nization 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 of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. 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 ofthe 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 incumbent Recognized Employee Organization. Such proof shall be subntitted 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 I) 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 detennination of the Employee Relations Officer is in the affirmative, or ifhis 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. 98 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 as to the question of decertification, 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 iu 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 II: 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 econontically 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: Sintilarity of the general kinds of work performed, types of qualifications required, and the general working conditions. History of representation in the City and sintilar 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 ofthe City and tlle compatibility ofthe unit with the responsibility of the City and its employees to serve the public. The effect on the adntinistration 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 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, afternotice 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 10 of this Resolution. Such requests shall be subntitted 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 of all 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. I 99 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 shan 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 an affected employee organizations shan be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 ofthis 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. If a 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 ofthe Employee Relatious Officer under this Resolution may, within ten (1 0) 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. Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof served ou 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 ofthe 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: Subntission of Current Information Qy Recognized Emplovee Organizations An changes in the information filed with the City by a Recognized Employee Organization under Items I through 13 of its Recognition Petition under Section 6 of this Resolution shall be subntitted in writing to the Employee Relations Officer within fifteen (15) days of such change. Section 15: PayrOn Deductions on Behalf of Emplovee Organizations Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payron deductions of membership dues and insurance prentiums 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: Emolovee Organization Activities - 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 shan be authorized only to the extent provided for in Memorandum of Understanding and/or administrative procedures; shall be lintited to activities pertaining directly to the employer- employee relationship and not such internal employee organization business as soliciting membership, campaigning for 100 office, and organization meetings and elections; and shall not interfere with the efficiency, safety and security of City operations. Section 17: Adntinistrative Rules and Procedures The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and adntinister the provisions of this Resolution after consultation with affected employee organizations. Section 18: Initiation of Imoasse 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 all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be: To identify and specify in writing the issue or issues that remain in dispute; To review the position of the parties in a final 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: ImDasse Procedures Impasse procedures are as follows: If the parties so agree, the issue or issues at impasse shall be subntitted directly to the City Council for determination. Ifthey do not agree within seven (7) days following the conclusion ofthe impasse meeting set forth in Section 18 above, either party may subntit the impasse to mediation. All mediation proceeding shall 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 shall select the mediator from a list ofthree 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, tlle parties shall alternately strike names from the list until a single name remains who shall become the mediator. The priority of striking names shall alternate 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. 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 subntit 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 subntitted to the City Council for resolution. Section 20: Construction 101 This Resolution shall be adntinistered and construed as follows: Nothiug 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 ofthis 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: Severability 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 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 ofthe City of Santa Ana: that this Resolution shall be operative from and after May 18, 1981. ADOPTED this 18'h day of May, 1981, by the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat 102 EXHIBIT "D" 9/80 HARDSHIP CLAIM Name: Division/Section: Position: Work Telephone Number: Supervisor Name and Telephone: Work Hours: Proposed Work Hours: HARDSHIP CLAIMED: OPTIONS EXPLORED BY EMPLOYEE TO RESOLVE PERSONAL HARDSHIP: EMPLOYEE'S PROPOSED SOLUTION: SUPERVISOR'S NEEDS AND CONCERNS: COMMITTEE'S RECOMMENDATION TO DEPARTMENT HEAD: 103