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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA
AND
THE SANTA ANA FIRE MANAGEMENT ASSOCIATION
FOR THE PERIOD JULY 1, 2004 THROUGH JUNE 30, 2008
1
A-200S-123
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA FIRE MANAGEMENT ASSOCIATION
FOR THE PERIOD JULY 1,2004 THROUGH JUNE 30,2008
ARTICLE
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXIII
ARTICLE XXIV
ARTICLE XXV
ARTICLE XXVI
ARTICLE XXVII
FMA GROUP A-I
FMA GROUP A-2
FMA GROUP B
TABLE OF CONTENTS
SUBJECT
RECOGNITION
NON-DISCRIMINATION CLAUSE
ATTENDANCE, WORKDAY, WORKWEEK AND
WORK SCHEDULE
SALARIES
ASSIGNMENT AND OTHER PAY ADDITIVES
FIRE MANAGEMENT EDUCATIONAL INCENTIVE
PROGRAM
TRAINING AND EDUCATIONAL ASSISTANCE
PROGRAM
OVERTIME/SHIFT REPLACEMENT PAY
HOLIDAYS
VACATION
OTHER LEAVES OF ABSENCE
EMPLOYEE INSURANCE
DEFERRED COMPENSATION
RETIREMENT
CREDIT UNION DEDUCTION
EXPANDED RESIDENCY
PREVENTIVE MEDICINE PROGRAM
DISCIPLINE
GRIEVANCE REVIEW PROCEDURE
DUES DEDUCTION AND INDEMNIFICATION
CITY RIGHTS
STRIKES AND WORK STOPPAGES
SOLE AND ENTIRE AGREEMENT
WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT
SEPARABILITY PROVISION
TERM OF AGREEMENT
RATIFICATION AND EXECUTION
BASIC SALARY AND WAGE SCHEDULE
BASIC SALARY AND WAGE SCHEDULE
BASIC SALARY AND WAGE SCHEDULE
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ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act,
Government Code Section 3500, et. seq., the City of Santa
Ana (hereinafter called the "City") has recognized the Santa
Ana Fire Management Association (hereinafter called the
"Association") as the recognized representative of the
bargaining unit which includes Fire Department employees in
the classifications of Deputy Fire Chief, Fire Battalion
Chief, Fire Marshal, and Fire Communications Manager.
3
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and the Association agree that they shall not
discriminate against any employee in violation of State or
Federal. The City and the Association shall reopen any
provision of this Agreement for the purpose of complying
with any order of a Federal or State agency or court of
competent jurisdiction requiring a modification or change in
any provision or provisions of this Agreement in compliance
with state or federal anti-discrimination laws.
2.2
Whenever reference is made to the
be understood to include the
expressly stated otherwise.
masculine gender, it shall
feminine gender, unless
4
ARTICLE III
3.0 ATTENDANCE, WORKDAY, WORKWEEK AND WORK SCHEDULE
3.1 Attendance. Employees covered by this Agreement shall be in
attendance at their work during hours prescribed by the Fire
Chief or his or her designee (s) and shall not absent
themselves during prescribed hours without approval of the
Fire Chief or his or her designee(s).
3.2 Workday. Eight (8) hours of work shall constitute a minimum
workday for affected employees assigned to a forty (40) hour
workweek schedule. Any member assigned to an eight-hour
day, 40-hour week schedule may be allowed to work an
alternative workweek schedule, which could include a "4-10"
or "9-80" forty (40) hour workweek schedule. Twelve (12)
hours of work shall constitute a minimum workday for those
assigned to the twenty-four (24) hour tour of duty schedule.
The Fire Chief shall determine the number of hours of work
that will constitute a minimum workday for affected
employees assigned to workweek schedules different from the
usual forty (40) hour or fifty-six (56) hour (average)
schedules.
3.3 Minimum Workweek. The minimum workweek for affected
employees shall consist of forty (40) hours of work;
provided, however, for those employees assigned to the
twenty-four (24) hour tour of duty schedule the minimum
workweek shall average fifty-six (56) hours based on the
department's standard workweek schedule for fire suppression
and rescue personnel.
3.4 Special Workweek Schedules. If the Fire Chief determines
that, in the best interests of the City, a more flexible
workweek schedule is desirable, and the City Manager
concurs, the Fire Chief may prepare rules and procedures for
implementing a workweek schedule or schedules different from
the usual forty (40) hour or fifty-six (56) hour schedule.
Prior to implementing such a schedule or schedules, the City
shall meet and confer with the Association regarding the
impact of the rules, procedures and schedules on members of
the Association.
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ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a
basic compensation plan for all members of the Santa Ana
Fire Management Association who are now employed or will in
the future be employed in any of the designated
classifications of employment listed in this Agreement and
its attachments.
This plan includes two groups of classification titles, Fire
Management Group A (the sworn CalPERS "Safety" class of
Deputy Fire Chief and the non- sworn CalPERS "Miscellaneous"
class of Fire Marshal*) and Fire Management Group B (the
sworn CalPERS "Safety" class of Fire Battalion Chief and the
non-sworn CalPERS "Miscellaneous" class of Fire
Communications Manager) .
* The current incumbent is designated as "safety" for
retirement purposes.
4.2 Schedules of Salaries.
A. Two separate schedules of salary rate ranges, one for
classes of employment designated as represented Fire
Management Group A (Deputy Fire Chief and Fire
Marshal), and one for classes of employment designated
as represented Fire Management Group B (Fire Battalion
Chief and Fire Communications Manager) are attached
hereto in matrix format and made a part hereof as
though set forth in full herein. The schedules for
represented Fire Management Group A classes and
represented Fire Management Group B classes are listed
as follows:
Fire Management Group A
(Classes allocated to 15 step
salary rate ranges)
Salary
Schedule No.
FMA Group A-I
FMA Group A-2
Category of Employment
Fire Management Group B
(Classes allocated to 5 step
salary rate ranges)
FMA Group B
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B. Except for the "Fire Management Group B" salary
schedule described below, the basic salary schedule for
"Fire Management Group A" (titled "FMA Group Al and A-
2", respectively) contains numerous salary rate ranges,
each range comprised of fifteen (15) separate rates of
pay shown in monthly amounts. The respective rate
ranges are identified by a two-digit number preceded by
the capital letters "FM" or "FMFM", respectively. The
separate rates of payor steps within each salary rate
range are identified by the numbers "1" through "15"
inclusive, with Step "1" being the lowest or minimum
rate of the range, Step "8" the middle or midpoint rate
of the range, and Step "15" being the highest or
maximum rate. The purpose of each step and criteria
for advancement are set forth in Subsection 4.7 (A)
below.
C. The basic salary schedule for "Fire Management Group B"
(titled "FMA Group B") contains numerous salary rate
ranges, designated by the letter "M" and a three-digit
rate range number. These rate ranges are comprised of
five (5) steps or rates of pay shown in monthly
amounts, identified by the letters "A" through "E"
inclusive, with Step "A" being the lowest step in the
range. The purpose of each step and criteria for
advancement to the next higher step within a particular
salary rate range are set forth in Salary Schedule No.
FMA Group B (attached) and in Subsection 4.7(B) below.
4.3 Salaries.
A. The base salaries of employees covered by this
Agreement shall be adjusted as follows:
Effective July 1, 2004 through June 30, 2005 and July
1, 2005 through June 30, 2006, respectively, there
shall be no salary increases for employees covered by
this Agreement. If, however, any other City bargaining
unit receives an across-the-board salary increase
during the fiscal years defined above, employees
covered by this Agreement shall receive the highest
amount provided to any City bargaining unit.
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Effective July 1, 2006, the base salary of employees
covered by this Agreement shall be increased by the
greater of the following amounts: 1) that percentage
increase, rounded to the nearest half-percent (.5%),
not to exceed approximately 4.5%, consistent with the
amount received by members of the Santa Ana Firemen's
Benevolent Association; or 2) that percentage increase
in an across-the-board salary adjustment provided to
any other City bargaining unit for fiscal year 2006-07.
Effective July 1, 2007, the base salary of employees
covered by this Agreement shall be increased by the
greater of the following amounts: 1) that percentage
increase, rounded to the nearest half-percent (.5%),
not to exceed approximately 4.5%, consistent with that
amount received by members of the Santa Ana Firemen's
Benevolent Association; or 2) that percentage increase
in an across-the-board salary adjustment provided to
any other City bargaining unit during the fiscal year
2007-08.
B. Equity Adjustments. In addition to the salary
increases referenced in 4.3A above, effective July 1,
2005, the salary rate range assigned to the class of
Fire Battalion Chief shall be increased by twelve (12)
salary rate ranges (approximately 6%). Additionally,
effective July 1, 2005, a new salary schedule will be
developed for the class of Fire Marshal, which includes
an approximate six percent (6%) salary increase.
C. The assignment of classes to salary rate ranges during
the term of this Agreement resulting from the increases
specified in Subsections 4.3(A) and 4.3(B) above are
listed in Exhibit A, which is attached and made apart
hereof as though set forth herein.
4.4 Application of Basic Compensation Plan. All employees
working in classifications covered by this Agreement shall be
compensated at a monthly rate.
4.5 Beginning Rates.
A. Fire Management Group A Classes. An employee appointed
to a Fire Management Group A class (Deputy Fire Chief
or Fire Marshal) shall be compensated at any rate
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within the lower third of the l5-step salary rate range
(Steps "1" through "5") for their job classification as
authorized by the Fire Chief. When economic
conditions, unusual employment conditions, or
exceptional qualifications of a candidate for
employment indicate a higher rate would be in the City's
best interest, the City Manager may authorize hiring at
a higher rate in the salary rate range but this higher
rate generally shall not be above the midpoint.
B. Fire Management Group B Classes. An employee appointed
to a Fire Management Group B class (Fire Battalion
Chief or Fire Communications Manager) may be placed by
the Fire Chief at any step within the applicable five
(5) step salary rate range (Steps "A" through "E") in
the schedule to which the class has been allocated
through adoption of this Agreement, provided that such
employee shall be assigned such salary step upon the
commencement of his or her service in said
classification and such assignment having once been
made shall remain in effect until the said employee
shall be entitled to advance to the next salary step in
accordance with the further provisions of this Article
as set forth below.
4.6 Service. The word "service" as used in this Agreement shall
be deemed to mean continuous, full-time service in the
classification in which the officer or employee is being
considered for salary advancement, service in the higher
classification or service in a classification allocated to
the same salary rate range and having generally similar
duties and requirements. Employees hired after the first
(1st) working day of the month shall not be credited with
"time in service" for that month when determining the length
of service required for salary step advancement. A lapse of
service by an officer or employee for a period of time
longer than ten (10) calendar days by reason of resignation,
quit, or discharge, shall serve to eliminate the accumulated
length of service time of such officer or employee for the
purpose of this Agreement, and any such officer or employee
reentering the service of the City shall be considered as a
new officer or employee, except that he or she may be
reappointed as provided in SAMC Section 9-114, and may be
placed in the same salary step in the appropriate salary
rate range as he or she was at the time of termination of
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employment.
4.7 Advancement Within Ranges.
A. Fire Management Group A Classes Performance-Based
Evaluation System: There is hereby established a
performance-based evaluation system for employees
employed in Fire Management Group A classes covered by
this Agreement (Deputy Fire Chief and Fire Marshal),
the provisions of which are set forth herein below.
1. Purpose. The basic purpose of the performance-
based evaluation system is to help attract, retain
and motivate highly competent managers and to
provide them with a strong incentive to excel.
2. Specific Compensation Determination.
a. Subject to the approval of the City Manager,
the Fire Chief is hereby given the authority
to make appointments to salary rates within
authorized salary rate ranges, as governed
by the provisions of Subsection 4.5(A)
supra, and to make adjustments to the
individual compensation for Fire Management
Group A personnel as described in the
further provisions of this Article.
b. The City Manager shall establish performance
criteria and appraisal guidelines to be
utilized by the Fire Chief in setting
individual compensation for Fire Management
Group A personnel.
c. After the salary of an employee appointed to
a Fire Management Group A class has been
first established and fixed under this plan,
salary advancement through the remaining
steps of the fifteen (15) step salary rate
range shall be based on the results of an
annual performance evaluation.
3 .
Evaluation System
system shall be
components:
Components.
comprised of
The
the
evaluation
following
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a. Annual Objectives. The system shall include
a list of outcome-based, measurable
obj ect i ves to be achieved which have been
mutually agreed upon between the Fire Chief
and each individual employee appointed to a
Fire Management Group A class. A relative
weight will be assigned to each objective
listed with a minimum weight of ten percent
(10%) and all must total one hundred percent
(100%) .
b. Managerial Behaviors. In addition to his
or her performance in achieving agreed-upon
objectives, each Fire Management Group A
employee shall also be evaluated for his or
her managerial behaviors/performance,
including such behavior as communication
(oral or written), analysis and problem
solving, decision-making and judgment,
planning and organization, management
control, leadership, interpersonal
relations, time-management, technical
knowledge, handling of stress, etc.
4. Performance Evaluation Guidelines.
a. The Fire Chief shall annually evaluate the
performance of each of his or her
subordinate Fire Management Group A
employees to determine their individual
eligibility for a performance increase and
how much such increase, if any, will be.
Such annual performance evaluation shall
occur immediately following each individual
Fire Management Group A employee's employment
anniversary date and cover the twelve (12)
month period preceding that date.
Additionally, at least one (1) informal mid-
year progress review shall be held between
the Fire Chief and each of his or her
subordinate Fire Management Group A
employees.
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b. Performance Ratings. Each Fire Management
Group A employee's performance in relation to
his or her agreed upon annual objectives and
managerial behaviors will be evaluated
according to the following performance
rating scale:
Point Rating
Performance Levels
3
Significantly
Expectations:
Consistently
objectives,
expectations
Exceeds
exceeds all
requirements and
by a wide margin.
2
Exceeds Expectations:
Consistently meets all objectives
and requirements and exceeds
several.
1
Meets Expectations:
Meets objectives and requirements.
Below Expectations:
Fails to meet some objectives and
requirements.
-1
Unacceptable:
Performance is significantly below
the minimum required.
5. Performance-Based Salary Adjustments. Each Fire
Management Group A employee covered by this
Agreement may be eligible to receive an annual
performance-based in-range salary increase and/or
one-time monetary payment based on a percentage of
current annual rate of base salary, or be subject
to a performance-based salary reduction, in
accordance with the following:
a. For overall performance rated as
"Significantly Exceeds Expectations," either
step increases or one-time monetary payment
or a combination of step increases and one-
time monetary payment not to exceed seven
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and one-half percent (7.5%) in toto.
b. For overall performance rated as "Exceeds
Expectations," either step increases or one-
time monetary payment or a combination of a
step increase and one-time monetary payment
not to exceed five percent (5%) in toto.
c. For overall performance rated as "Meets
Expectations," a one-time monetary payment in
an amount up to but not to exceed two and
one-half percent (2.5%) of current annual
rate of base salary or advancement of one
step (2.5%) within the salary rate range.
d.
For overall performance rated as
Expectations," no performance salary
or monetary incentive payment.
"Below
increase
e. For overall performance rated as
"Unacceptable, " no performance salary
increase or monetary incentive payment.
Additionally, any Fire Management Group A
employee who has received such a rating and
who is being paid at a step higher than the
minimum rate of the salary rate range, may
be reduced by one or more steps upon the
recommendation of the Fire Chief and the
approval of the City Manager.
f. Application of Guidelines.
i. If a Fire Management Group A employee
who is recommended for a performance
increase is at the maximum of his or
her salary rate range, then the entire
performance increase must be awarded
the equivalent amount in a one-time
monetary incentive payment.
ii. Anyone-time monetary incentive payment
granted under this plan is not an
increase in base salary and no salary
rate range applicable to any Fire
Management Group A employee covered by
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this Agreement shall be changed or
deemed to have been changed by reason
of such payment. However, such
incentive payment is PERSable.
iii. Performance increase and/or monetary
payment amounts for Fire Management
Group A personnel require the approval
of the City Manager.
iv. The City Manager shall be responsible
for the development and administration
of detailed administrative procedures
and guidelines for the consistent and
effective application of the management
performance-based evaluation system.
Such procedures and guidelines shall
define how performance obj ecti ves,
measures and standards are developed;
when and how performance reviews are to
be carried out; how performance
component ratings and composite ratings
will be scored; and how performance
salary increase and monetary incentive
payment options are to be exercised.
B. Fire Management Group B Classes: The following
regulations shall govern salary advancement within rate
ranges for employees employed in Fire Management Group
B classes (Fire Battalion Chief and Fire Communications
Manager)
1. For any employee in a Fire Management Group B
classification covered by this Agreement who has
been initially appointed to a step lower than Step
"E," advancement to the next higher step (Step "B"
from Step "A" or Step "c" from Step "B," etc.) may be
granted only for continued satisfactory and
efficient service by said employee in the effective
performance of the duties of his or her position.
The effective date of such step increase, if
granted, shall be the first day of the month
following the completion of one year of service at
the step from which said employee is being
advanced.
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Such merit advancement shall require the following:
a. There shall be on file in the Office of the
Executi ve Director of Personnel Services a
copy of each periodic efficiency or
performance report required to be made on the
employee by the Civil Service Rules and
Regulations and/or the City Manager during the
period of service time of such employee
subsequent to his or her last salary
advancement.
b. The Fire Chief, at least twenty (20) calendar
days prior to the anticipated completion of
such employee's required length of service,
shall file with the City Manager 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 Fire Chief as to such recommendations and
shall be informed of the reasons.
c. No advancement in salary above Step "A" shall
become effective until approved by the City
Manager, except when placement on a salary
step above Step "A" results from promotion
under the provisions of Section 4.8 of this
Agreement.
2. When any such employee in a Fire Management Group B
classification has not been approved for
advancement to the next higher salary step, he or
she may be reconsidered for such advancement after
the completion of three (3) months of additional
service and shall be reconsidered for advancement
to the next higher step above his or her then
current step after the completion of six (6) months
of additional service.
3. Any employee in a Fire Management Group B
classification who is being paid at any salary step
above "A" may be reduced to the next lower step in
the appropriate salary rate range upon the
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recommendation of the Fire Chief and the approval
of the City Manager. Procedure for such reduction
shall follow the same procedure for merit
advancement in Subsection 4.7 Paragraph (B) (1)
above, and such officer or employee may be
considered for readvancement under the same
provisions as contained in Subsection 4.7,
Paragraph (B) (2) above.
4.8 Promotional Salary Advancement.
A. Fire Management Group A Classes: When an employee in a
Fire Management Group A class is promoted to a position
in a higher classification from a position in a lower
classification in the same occupational career ladder,
he or she shall be reassigned to the lowest step in
the appropriate salary rate range for the higher
classification; provided, however, that if the base
salary step currently being paid such employee is
already equal to or higher than this step, he or she
shall be placed in the lowest step in the appropriate
salary rate range as will grant that employee an
increase of at least five percent (5%) over his or her
current base salary step exclusive of any pay additive
or additives such as assignment pay, special skill pay
or the like.
B. Fire Management Group B Classes: When an employee in a
Fire Management Group B class is promoted to a position
in a higher classification from a position in a lower
classification in the same occupational career ladder,
he or she shall be reassigned to the lowest step in the
appropriate salary rate range for the higher
classification; provided, however, that if the base
salary step currently being paid such employee is
already equal to or higher than this step, he or she
shall be placed in the lowest step in the appropriate
salary rate range as will grant that employee an
increase of at least five percent (5%) over his or her
current base salary step exclusive of any pay additive
or additives such assignment pay, special skill payor
the like.
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4.9 Demotion.
A. Fire Management Group A Classes:
1. When an employee in a Fire Management Group A
class is demoted to a position in a lower
classification, he or she shall be placed at a
rate in the lower salary rate range which provides
at least a five percent (5%) reduction in pay.
2. A promotional employee who is rejected during the
probationary period from a Fire Management Group A
class shall be returned to the classification in
which he or she holds regular status and at
his or her former salary step, unless the reasons
for failure to complete probation would also be
cause for dismissal from City service.
B. Fire Management Group B Classes: When an employee in a
Fire Management Group B class is demoted to a position
in a lower classification, his or her salary rate shall
be fixed in the appropriate salary rate range for the
lower classification accordance with the following
provisions:
1. The salary rate shall be reduced by at least one
(1) step [approximately five percent (5%)].
2. The new salary rate must be within the appropriate
salary rate range.
3. The new salary rate shall not be higher than the
salary step to which the employee would have been
entitled had his or her service time in the higher
classification been spent in the lower
classification.
4. A promotional employee who is rejected during the
probationary period from a Fire Management Group B
class shall be returned to the classification in
which he or she holds regular status and at his or
her former salary step, unless the reasons for
failure to complete probation would also be cause
for dismissal from City service.
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4.10 Reallocation of Salary Rate Ranges. An employee who is
employed in a classification which is reallocated to a
different salary rate range from that previously assigned
shall be retained in the same salary step in the new salary
rate range as he or she had previously held in the prior
rate range and shall retain credit for length of service in
such step towards advancement to the next higher step.
4.11 Acting Pay. An employee in a class covered by this
Agreement may be appointed by the Fire Chief to serve in an
acting capacity during an unplanned absence from work of
thirty (30) calendar days or more of another employee
represented by the Association. Represented Fire Management
employees who are granted acting pay shall receive a five
percent (5%) increase or the minimum rate of the higher
salary range while serving in an "acting" capacity.
4.12 Fire Communications Classification and Compensation Study.
Effective as soon as practicable following Council approval
of this Agreement, the City shall complete a classification
and compensation study of the Fire Communications Manager
position. If a salary increase is indicated, it shall be
made retroactive to July 1, 2005.
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ARTICLE V
5.0 ASSIGNMENT AND OTHER PAY ADDITIVES
5.1 Bilingual Pay. An employee who is assigned by the Fire
Chief or his designee to a position requiring bilingual
capability in both English and either Spanish, Vietnamese or
other languages designated by the City Manager, will be paid
a monthly assignment pay differential in accordance with the
criteria and amounts set forth below:
A. Certification by the Executive Director of Personnel
Services as having satisfactorily demonstrated
conversational fluency in both languages for any
position requiring bilingual capability.
B. Positions for which the Fire Chief has determined that
bilingual proficiency is essential to carry out duties
and responsibilities of a critical and/or emergency
nature without ready access to backup assistance, or
positions where bilingual public contact is a major and
essential element of the work being performed, will be
designated as Primary Bilingual Assignments. A
qualified incumbent of such position will be paid a
monthly differential of one hundred fifty dollars
($150) above his or her then current base monthly
salary step.
During the term of this Agreement, the City agrees that
all positions assigned to the class of Fire Battalion
Chief shall be considered to be Primary Bilingual
Assignments.
C. Qualified employees in the classes of Deputy Fire Chief,
Fire Marshal, or Fire Communications Manager who are
assigned to positions involving the regular and
frequent use of bilingual skill in both English and
either Spanish, Vietnamese or other language designated
by the City Manager will be paid a monthly pay
differential of forty dollars ($40) above his or her
then current base monthly salary step. Incumbents in
those positions where bilingual proficiency is
essential to the performance of duties and
responsibilities of a critical and/or emergency nature,
or of positions where bilingual public contact is a
19
major, essential or integral element of the work being
performed, will be paid a monthly differential of one
hundred fifty dollars ($150) above his or her then
current base monthly salary step.
D. There shall be annual recertification of such bilingual
capabil i ty .
5.2 All assignments to positions set forth in this Article
shall be made or revoked at the discretion of the Fire
Chief.
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ARTICLE VI
6.0 FIRE MANAGEMENT EDUCATIONAL INCENTIVE PROGRAM
6.1 Effective July 1, 2005, members of the Association will be
paid an Educational Incentive allowance in the amounts and
in accordance with the criteria set forth below. Employees
wishing to participate in any of the programs designated
herein shall submit a request to the Deputy Fire Chief, who
will then make a recommendation to the Fire Chief for
approval. In no event shall the application of this
Educational Incentive program result in an employee being
eligible to earn more than approximately 7.5% above his or
her then current base monthly salary step. For purposes of
this Article, an employee must produce transcripts or other
approved form of proof of participation in order to qualify
for any of the below-referenced incentives.
A. National Fire Academy Executive Officer Program. Any
employee covered by this Agreement who successfully
completes the National Fire Academy Educative Officer
program shall be paid at a rate set approximately 7.5%
above his or her then current base monthly salary step.
B. California State Fire Training Fire Marshal Program.
Any employee covered by this Agreement who successfully
completes the California State Fire Training Fire
Marshal program shall be paid at a rate set
approximately 5% above his or her then current base
monthly salary step.
C. California State Fire Training Fire Officer Program.
Any employee covered by this Agreement who successfully
completes the California State Fire Training Fire
Officer program shall be paid at a rate set
approximately 5% above his or her then current base
monthly salary step.
D. California State Fire Training Chief Officer Program.
Any employee covered by this Agreement who successfully
completes the California State Fire Training Chief
Officer Program shall be paid at a rate set
approximately 2.5% above his or her then current base
monthly salary step.
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E. Communications Center Manager, Emergency Dispatch
Executive, and Association of Public Communication
Officials (APCO) Institute Programs. Any employee
covered by this Agreement who successfully completes
the Communications Center Manager, Emergency Dispatch
Executive, and APCO Institute programs shall be paid at
a rate set approximately 2.5% above his or her then
current base monthly salary step.
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ARTICLE VII
7.0 TRAINING AND 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 Eligibility.
A. Application for tuition reimbursement will be
considered only from full-time, regular City employees
who have completed probation.
B. Reimbursement is not authorized for courses for which
the employee is receiving financial assistance from
other sources such as G.I. Bill, scholarships, etc.
C. Applications will be approved only for courses directly
related to the employee's job or directly related to a
promotional position in the employee's occupational
specialty.
D. Courses not ostensibly related to the employee's job,
but which are required to qualify for a degree that is
directly related to his job, may be reimbursable only
after all required occupationally related courses have
been completed. (For example, a Fire Battalion Chief
is a candidate for an A.A. Degree in Fire Science and
has completed all coursework directly related to his
fire suppression duties. A course in American History
is required for the degree. The history course may
qualify for tuition reimbursement because the degree
can be related to the employee's job.)
23
E. Prior to receiving tuition reimbursement, employees
must submit documentary proof of having received a
grade of not less than "C" for the course. If
objective ratings are not rendered for the specific
course, then a certificate of successful completion
must be submitted.
F. Approval will be limited to courses given by accredited
colleges and universities, community colleges,
California State Fire Marshal classes, or other courses
approved by the Fire Chief. Workshops, seminars,
conferences and similar activities not identifiable as
a formal course of instruction within the curriculum of
a recognized educational institution, do not fall
within the purview of this program but may be
authorized and funded by the interested department
without coordination with the Personnel Services
Department.
G. When an employee is required by the Fire Chief to
attend a particular course or seminar, the expense
shall be borne entirely by the City.
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:
1.
That a duplicate
unavailable for
libraries prior to
of the required text (s) was
loan from the departmental
the commencement of coursework;
2. That any textbook(s) purchased by the City shall
be submitted to the Fire Department's departmental
library in order that such text(s) may be made
available to all employees.
C. Tuition and registration costs are eligible for one
hundred percent (100%) reimbursement up to a maximum of
two thousand dollars ($2,000) per fiscal year, which
24
the employee may claim as costs are incurred during the
year, or as one lump sum. Summer session, "mini-
semester," and "intersession" courses are counted as
separate "semesters" for purposes of this program.
D. Employees shall be limited, for purposes of tuition
reimbursement, to a maximum of two (2) collegiate level
courses of not more than a total number of units which
is equivalent to six (6) "semester" units per semester.
One (1) "quarter" unit shall equal two-thirds (2/3) of
one (1) "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 the Fire Chief.
B. The Fire Chief will recommend approval or disapproval
and forward the application to the Executive Director
of Personnel Services.
C. The Executive Director of Personnel Services will
approve or disapprove the application for the City
Manager. One copy will be returned to the employee and
the duplicate will be retained by the Personnel
Services Department. It is advisable that the
applicant accomplish the procedure so far described in
order to ascertain the eligibility of the intended
course of instruction for reimbursement under the
provisions of this policy prior to the inception of the
course or disbursement of personal funds.
D. The employee will submit his or her copy of the
approved application to the Personnel Services
Department within three (3) months after he or she has
completed the course and received his or her final
grade. He or she must include official verification of
his or her final grade with appropriate receipts for
tuition and textbook costs. These will be returned to
the employee upon request. Applications not submitted
to the Personnel Services Department within three (3)
months following completion of the course become void.
E.
Upon receipt
documentation,
of the application and required
the Personnel Services Department will
25
determine whether the completed course of instruction
is compatible with the provisions of subsections 7.2
and 7.3 of this Article. If found to be compatible,
the Personnel Services Department will compute the
amount of reimbursement, authenticate the application
and forward it to the Fire Chief.
F.
The Fire
Department
amount out
Chief will then authorize the Finance
to reimburse the employee the approved
of the budget of the Fire Department.
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ARTICLE VIII
8.0 OVERTIME/SHIFT REPLACEMENT PAY
8.1 Compensation for Overtime. Employees in any of the
designated classes of employment listed in this Agreement
are not eligible for monetary compensation for overtime work
or for compensatory time off with pay for overtime work,
unless so required by the Fair Labor Standards Act, or any
other State or Federal laws.
8.2 Shift Replacement Pay for Fire Battalion Chiefs. off duty
employees in the class of Fire Battalion Chief who are
assigned by the Fire Chief to a twenty-four (24) hour work
shift will receive straight time pay in 12 hour increments
(i.e. from one (1) to 12 hours worked equals 12 hours pay
and 13 to 24 hours worked equals 24 hours pay). The purpose
of this pay is compensation for replacing another Battalion
Chief who is on sick leave, vacation, bereavement leave, or
other approved absence. Addi tionally, this compensation
will be received when an off-duty Battalion Chief is
directed to respond to an emergency situation by the Fire
Chief. This practice shall conform to the following
guidelines:
A. Special Shift Replacement Pay will be calculated by
multiplying either 12 or 24 hours times the hourly rate
of pay for Fire Battalion Chief, "E" step, based on a
24-hour shift schedule and assuming pay additives of
7.5%, regardless of the salary step of the affected
employees.
B. Shift exchanges between two employees of the class of
Fire Battalion Chief will not qualify for Special Shift
Replacement Pay under these provisions.
C. Under no circumstances will Special Shift Replacement
Pay be construed as "overtime pay," as defined under the
Fair Labor Standards Act.
27
ARTICLE IX
9.0 HOLIDAYS
9.1
Regular Shift Personnel. Employees covered
agreement who work a regular forty (40) hour
schedule shall be entitled to receive the following
during the calendar year as paid holidays:
by this
workweek
days off
January 1st - New Year's Day
Third (3rd) Monday in January - In observance of Martin
Luther King's Birthday
Third (3rd) Monday in February
Presidents' Day
In observance of
Last Monday in May - In commemoration of Memorial Day
July 4th - In observance of Independence Day
First (1st) Monday in September
Labor Day
In observance of
November 11th - In observance of Veteran's Day
Fourth (4th) Thursday in November - In observance of
Thanksgiving Day
The Friday immediately following Thanksgiving Day
Last working day before Christmas Day, unless Christmas
Day falls on a Thursday, in which instance, the day
following Christmas Day shall be observed in lieu
thereof
December 25th - In observance of Christmas Day
One (1) Floating Holiday - Any workday
employee with prior permission of
supervisor
selected by the
the employee's
Every day proclaimed by the Mayor of the City as a
holiday for City employees
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Any holiday which falls on a Sunday will be observed on
the following Monday. Any holiday which falls on a
Saturday will be observed on the Friday preceding the
holiday.
9.2 Employees assigned to the twenty-four (24) hour work shift
schedule shall be entitled to receive twelve (12), l2-hour
days off during the calendar year in lieu of the holiday
benefits specified in Section 9.1 of this Article.
Employees assigned to a forty (40) hour schedule, which
could be a 5/8 or a 9/80 or 4/10 "alternative work schedule"
shall receive twelve (12), 8-hour days off during the
calendar year in lieu of the holiday benefits specified in
Section 9.1 of this Article.
Said substitute holidays may be taken at any time during the
calendar year with prior permission of the employee's
supervisor and subject to the operational needs of the
department. However, if an employee who separates from the
service of the City has taken time off for holidays in
advance of the date or day the holidays actually occur, he
or she must pay the City the cash value for such used but
unearned holiday time off benefits prior to or at the time
of separation.
9.3 Cash Option. Employees covered by this Agreement will be
given an option once per calendar year to receive cash
compensation computed on a straight time basis in lieu of
all or part of their holiday leave benefits set forth in
Section 9.2 above.
Such cash option may be eliminated or modified at the
discretion of the Fire Department to the extent necessary to
service the best interests of the department, to the extent
it represents additional costs to the City, or to the extent
it is construed as overtime under Department of Labor
Guidelines implementing provisions of the Fair Labor
Standards Act.
9.4 An employee separating from the service of the City must
actually work at least one (1) day following the day a
holiday listed in Section 9.1 above actually occurs in order
to receive compensation for the holiday.
9.5 Holiday time off may only be taken in increments of whole
days.
29
9.6 Holiday benefits may not be carried over from one calendar
year to the next.
30
ARTICLE X
10.0 VACATION
10.1 Purpose. It is the policy of the City to grant employees
vacation leave in order to provide them with a break in
their regular work schedule, and this purpose will be used
as a guide in the administration of the provisions of this
Article. Employees covered by this Agreement must take at
least five (5) consecutive days of vacation per year.
10.2 Regular Vacation Period.
A. Regular vacation with pay is granted to each employee
covered by this Agreement at the rate of fifteen (15)
working days for each completed year of service,
accrued at the rate of ten (10) working hours (fifteen
[15] working hours for personnel assigned to 24-hour
work shift schedule) for each completed month of
service. In those cases when an employee is transferred
between the twenty-four (24) hour shift schedule and
the regular forty (40) hour workweek schedule, the
employee's earned vacation, which is accrued in hours,
shall be converted to agree with the number of working
hours per day in the currently assigned schedule.
B. Personnel assigned to a regular forty 40) hour week may
take vacation time off in increments as small as one
(1) hour, with fractional usage rounded upward to the
next higher multiple of one (1).
Personnel assigned to the twenty-four (24) hour shift
schedule may take vacation time off in increments as
small as three (3) hours, with fractional usage rounded
upward to the next higher multiple of three (3).
C. Computing Regular Vacation.
1. In computing regular vacation, each municipal
holiday that occurs during the vacation, and that
falls on a day which the employee would have
worked had he or she not been on vacation, shall
be deducted from the computation so that one (1)
additional day of regular vacation shall be
allowed to the employee unless departmental
31
practice provides some other manner of
compensating for municipal holidays. Should an
employee be confined to a hospital for sickness or
injury while on authorized vacation, each full day
of such confinement, when confirmed by a
physician's statement and approval of the Fire
Chief, may be deducted from the computation of
vacation expended and charged against the
employee's accumulated sick leave.
2. No employee may carryover from one calendar year
to the next, more than the equivalent of two (2)
regular vacation periods from the previous two (2)
years, and vacation not taken beyond that amount
is forfeited. A regular vacation period is
defined as the maximum amount of vacation earned
in a calendar year as provided in Subsection A
above.
3. Employees mayor may not be allowed or required to
accumulate or split vacations. The time at which
an employee shall take his or her vacation shall
be determined by seniority within class with due
regard for the needs of the department.
10.3 Longevity Vacation.
A. Each affected employee is granted additional work days
of vacation leave with pay for each completed year of
full-time, continuous City service as set forth in the
following table. This additional vacation shall be
designated longevity vacation. For uniformed, "safety-
member" employees assigned to the twenty-four (24) hour
shift schedule, the working day granted is a twelve
(12) hour day.
Hourly Equivalent of Additional Days:
Additional
Days
40-hour Week
Employees
24-hour Shift
Employees
Completed
Years
6
7
8
9
10
1/2
1
1-1/2
2
2-1/2
4
8
12
16
20
6
12
18
24
30
32
11 3 24 36
12 3-1/2 28 42
13 4 32 48
14 4-1/2 36 54
15 5 40 60
16 6 48 72
17 7 56 84
18 8 64 96
19 9 72 108
20 10 80 120
B. No employee becomes eligible for longevity vacation until
completion of the sixth (6th) year of continuous service,
and each employee continues to earn the maximum of ten
(10) working days of longevity vacation for each
completed year of service in excess of twenty (20) years.
C. A period of earlier service does not apply toward
longevity vacation accumulation when an employee has had
a break in continuous service, unless the break in
service is concluded by reappointment, as provided in
Section 9-114 of the Civil Service Rules and Regulations,
or by reemployment from layoff within two (2) years for
"sworn" members and one (1) year for "non-sworn" members
covered by this Agreement.
D. Leave of absence without pay, as provided in Article
XI, Subsection l(E) (Sick Leave - Extended) and Section
11.8 (Authorized Absence Without Pay - Long Term) herein,
does not constitute a break in continuous service as used
in this section; however, the leave of absence period
shall not be applied toward the accumulation of longevity
vacation. Absence on military leave followed by
reinstatement, as provided in Section 9-143 of the Civil
Service Rules and Regulations, does not constitute a
break in service, and the period of absence on such
military leave shall be applied toward the accumulation
of longevity vacation.
10.4 Limitation on Vacation. With the exception of a retiring
employee, no employee is granted, and no employee shall be
allowed to take any vacation leave with pay in excess of
fifty (50) working days in anyone year by combination of
the vacations granted in this Agreement. Further, no
employee may carryover from one calendar year to the next
33
more than the equivalent of two (2) longevity vacation
periods and the equivalent of two (2) regular vacation
periods from the previous two (2) years and vacation not
taken beyond that amount is forfeited. Therefore, the
maximum vacation that an eight (8) hour employee with less
than six (6) years service could accumulate is thirty (30)
working days (240 hours) and only an eight (8) hour employee
with more than twenty (20) years service could carryover
and take the authorized maximum of fifty (50) working days
(400 hours) in anyone year.
10.5
Effect of Extended sick Leave
on sick leave for a period
consecutive calendar days shall
time for regular and longevity
on Vacation Accrual. Absence
in excess of fifteen (15)
not be considered as service
vacation accrual purposes.
10.6 Vacation Pay Options. Once each fiscal year, all employees
covered by this Agreement shall be given the option to
receive cash compensation, computed on a straight-time
basis, in lieu of up to five (5) working days of earned,
unused vacation leave benefits set forth in this Article.
10.7 Management vacation Benefit. Employees covered by this
Agreement will be granted an additional five (5) working
days [five (5), eight (8) -hour days for forty (40) hour
employees and five (5), twelve (12) hour days for shift
employees] per calendar year over the regular and longevity
vacation schedules applicable to represented non-management
employees of the City subject to a maximum accrual of
twenty-five (25) days of such additional five (5) days per
year.
34
ARTICLE XI
11.0 OTHER LEAVES OF ABSENCE
11.1 Sick Leave.
A. Definition. Except as otherwise provided below, sick
leave shall be deemed to mean absence from duty of an
employee because of illness or injury that prevents the
employee from performing the duties of his or her
position, and shall be deemed to include time in
quarantine resulting from exposure to a contagious
disease.
B. Accrual. Each employee shall be entitled to, and shall
earn, one (1) working day of sick leave for each full
calendar month of service in which he is employed by the
City with full pay; provided, however, any absence on
sick leave for a period of time greater than fifteen (15)
consecutive calendar days in anyone (1) calendar month
shall not be considered to be service entitling an
employee to earn sick leave as aforesaid.
Subject to the other provisions in this Article, sick
leave shall accrue to the credit of each employee to the
extent that it is not used. Notwithstanding the
foregoing, an employee on leave of absence for service
connected illness or injury who is covered by the
provision of Labor Code Section 4850, shall continue to
accumulate one (1) day of sick leave for each full
calendar month of service for which he or she is employed
by the City with full pay during said absence for
service-connected illness or injury.
The City Manager is authorized to grant a newly appointed
employee covered by this Agreement sick leave credits up
to an amount equal to any earned but unused sick leave
credits available to such appointee at the time of his or
her separation from his or her most recent previous
employer.
C. Authorized Only When Necessary. Sick leave is not a
right which an employee may use at his or her discretion,
but shall be allowed only in cases of necessity and
actual sickness or disability or as authorized in
Subsection J below.
35
D. Limit. Effective January 1, 2006, the maximum total
accumulation of sick leave with pay shall be 2,000 hours
for employees working an eight-hour day and 3,000 hours
for employees working a twelve-hour day. Sick leave
usage of less than a full day shall be charged in minimum
increments of one (1) hour, with fractional usage rounded
upward to the next higher multiple of one (1). For
affected employees assigned to the 24-hour work shift
schedule, the minimum sick leave increment is three (3)
hours, with fractional usage rounded upward to the next
higher multiple of three (3).
E. Extended. The City Manager may grant leave up to six (6)
months without pay to an employee who has exhausted all
of his or her accrued sick leave if the City physician,
or a licensed physician designated by the City Manager,
indicates that the employee will be sufficiently
recovered to return to his or her employment within a six
(6) months period. Prior to the expiration of the
additional time, the employee may return to his or her
position provided that he or she has a certificate from
one of the above mentioned physicians stating that the
employee is able to perform all the duties of his or her
position without qualification. In addition to the above,
the City Manager may grant a further extension not to
exceed a total of one (1) year without pay.
F. Extension by Use of Vacation. After an employee's sick
leave has been exhausted he or she may be granted
permission to take any earned vacation he or she may have
accrued.
G. Notice. The employee taking sick leave shall notify his
or her immediate supervisor either prior to or within
four (4) hours after the time he or she is scheduled to
report for duty, or as otherwise established by
departmental regulations. When the absence is more than
three (3) consecutive working days, or more than three
(3) consecutive scheduled shifts for affected employees
assigned to the twenty-four (24) hour shift schedule, the
employee must present to the Fire Chief a physician's
certificate stating the cause of illness and that, in the
physician's opinion, the employee could not report to
work because of such illness or injury and that the
employee is sufficiently recovered to safely return to
36
work. Such certificate shall
personnel officer with the
return to work.
be transmitted to the chief
report of the employee's
A physician's certificate or other satisfactory written
evidence of actual illness or injury may be required
after an absence of any duration less than three (3)
days, or less than three (3) scheduled shifts for
affected employees assigned to the twenty-four (24) hour
shift schedule.
H. Denial. No employee shall be entitled to sick leave with
pay while absent from duty because of sickness or injury
purposely self-inflicted or caused by willful misconduct;
or, sickness or disability sustained while engaged in
employment other than employment by the City, for
monetary gain or other compensation, or by reason of
engaging in business or activity for monetary gain or
other compensation.
I. Excess Usage. If sick leave is used in excess of that
due and available to an employee, such excess sick leave
will, first, be deducted from any available compensatory
time off benefit; second, from any available vacation
leave benefit; finally, deducted from the next scheduled
wage or salary payment.
J. Personal Necessity Leave. Each employee shall be afforded
the opportunity to use sick leave benefits up to six (6)
days (48 hours for 40-hour workweek employees or six (6),
24-hour shifts (144 hours) for uniformed, "safety-member"
personnel per calendar year (on a non-cumulative basis)
to attend to an illness of a child, parent, or spouse of
the employee. As used in this section:
1. "Child" means a biological, foster, or adopted child,
a stepchild, a legal ward, or a child of a person
standing in loco parentis;
2 .
"Parent"
parent,
means a biological, foster, or
a stepparent, or a legal guardian.
adoptive
Of the 48 and 144 hours, respectively, defined above,
each employee shall be afforded the opportunity to use up
to three (3) days (24 hours for 40-hour workweek
employees or three (3) 24-hour shifts (72 hours) for
37
uniformed, "safety-member" personnel per calendar year
(on a non-cumulative basis) for "personal necessity
leave," which circumstances shall be limited to serious
accidents involving members of the employee's immediate
family, childbirth, medical or dental appointments for
members of the employee's household, imminent danger to
the employee's home or other valuable property, or the
existence of external circumstances beyond the employee's
control making it impractical for him or her to report to
duty.
K. Payment for Unused Sick Leave.
1. Payment criteria and limitations.
a. Upon nondisciplinary termination of employment
after ten (10) years cumulative full-time
service with the City, each qualified employee
with less than twenty-five (25) years of
cumulative full-time service with the City shall
be entitled to payment for one-third (1/3) of
the total sick leave benefit credited to his or
her account upon the effective date of such
termination, not to exceed a maximum limit of
427 hours for employees working an eight (8)
hour schedule or 640 hours for employees working
a twelve (12) hour schedule, at the rate of pay
effective on the date of such termination.
b. Affected qualified employees who have completed
twenty-five (25) years or more of cumulative
full-time service with the City shall be
entitled to payment for two-thirds (2/3) of the
total sick leave benefit credited to his or her
account upon the effective date of such
termination, not to exceed a maximum limit of
1,067 hours for employees working an eight (8)
hour schedule or 1,600 hours for employees
working a twelve (12) hour schedule, at the rate
of pay effecti ve on the date of such
termination.
c. At the employee's election, payment of unused
sick leave may be received in either a lump sum
of money, or in equal monthly payments for a
period of up to five (5) years.
38
d. A lump sum payment shall be made to the
beneficiaries of any employee covered by this
Agreement whose death occurs while such employee
is an active employee of the City, such payment
to be equal to what would be credited to the
employee's account at the time of his or her
death, and at the rate of pay effective on the
date of death.
2. Conversion to Health Insurance Premium Payments.
a. At his or her option, an employee may convert
any lump sum payment provided herein into health
insurance premiums, to the extent necessary to
provide the employee and his or her designated
eligible dependents, if any, with benefits under
the health insurance program maintained by the
City.
i. The City's obligation to pay such premiums
shall terminate when the sum of premiums
paid equals the amounts as follows:
. After ten (10) years, but less than 15
years of service, the employee shall be
entitled to 50% of the amount of unused
sick leave benefits credited to his or her
account upon the effective date of
termination, not to exceed a maximum of
640 hours for employees working an eight
(8) hour schedule or 960 hours for
employees working a twelve (12) hour
schedule. This amount represents 150% of
the amount the employee would have been
entitled to had they elected to cash out
their sick leave hours.
. After fifteen (15) years, but less than 25
years of service, the employee shall be
entitled to 66.66% of unused sick leave
benefits credited to his or her account
upon the effective date of termination,
not to exceed a maximum limit of 1,067
hours for employees working an eight (8)
hour schedule or 1,600 hours for employees
working a twelve (12) hour schedule.
39
. After twenty-five (25) years of service,
the employee shall be entitled to 100% of
the amount of unused sick leave benefits
credited to his or her account upon the
effective date of termination, not to
exceed a maximum limit of 1,600 hours for
employees working an eight (8) hour
schedule or 2,400 hours for employees
working a twelve (12) hour schedule.
ii. Premiums will first be paid out of the lump
sum amount contributed by the employee and
then out of the amount contributed by the
City. If the retired former employee dies
before exhausting the full amount of his or
her lump sum contribution, the unused
portion of such contribution shall be
reconverted to cash and distributed to the
retiree's designated beneficiary.
11.2 Bereavement Leave. An employee shall be granted up to four
(4) days leave (32 hours for 40-hour-workweek employees and
48 hours for 24-hour shift employees) without loss of pay in
case of death of a member of the employee's immediate
family. Such leave is designated as bereavement leave.
"Immediate family" as used in this section is limited to:
A. Any relative by blood or marriage who is a member of the
employee's household;
B. A parent, spouse, child, brother, sister, grandparent or
grandchild of the employee, regardless of residence;
C. Any other relati ve 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.
11.3 Military Leave.
A. Proof of Orders and Reinstatement. An employee shall be
granted military leave if he or she furnishes the chief
personnel officer satisfactory proof of his or her orders
to report for duty. Upon return and upon showing of
40
proof of actual service pursuant to such orders, he or
she will be reinstated as provided in Section 9-143 of
the Civil Service Rules and Regulations of the City of
Santa Ana.
B. Temporary. Members of the reserve forces of the United
States, or the National Guard, granted temporary leave
when ordered to duty, in accordance with the Military and
Veterans Code, will be granted leave with pay not to
exceed thirty (30) calendar days in each calendar year
after one year's service with the City upon presenting
satisfactory proof of orders to and from such temporary
active duties.
11.4 Jury and Witness Leave. When an on-duty employee is called
to serve as a juror or non-party witness in any court
action, he or she shall be allowed the necessary time
actually required for such service without loss of pay.
Each on-duty employee called for such service shall present
to his or her department head for examination the subpoena
calling him or her to such service and shall pay into the
City Treasury the fees collected for such service, with the
exception of reimbursement for transportation expenses, if
any.
11.5 Examination Leave. Employees participating in examinations
conducted during their normal working hours for positions in
the competitive service of the City of Santa Ana will be
granted leave with pay for the time actually required,
without loss of any accrued vacation or compensatory time
off benefits.
11.6 Unauthorized Absence. Unauthorized absence from duty for
any duration of time may be considered cause for dismissal.
Absence from duty without leave for five (5) consecutive
working days shall be deemed a resignation from service;
provided, however, if upon return to duty the person so
absenting himself makes an explanation satisfactory to the
Fire Chief of the cause of his absence, the Fire Chief may
restore said person to his or her position, with the City
Manager's approval.
11.7 Authorized Absence Without Pay - Short Term. Absence without
pay not to exceed five (5) consecutive working days, may be
authorized by the Fire Chief. Absence without pay not to
exceed fifteen (15) calendar days may be authorized by the
41
Fire Chief with the approval of the City Manager. Such an
absence may be authorized only if in the judgment of the
Fire Chief it serves the best interest of the City.
11.8 Authorized Absence Without Pay - Long Term. Upon receipt of
a written request from an employee having regular status
plus action by the Fire Chief recommending approval of the
request, the City Manager may grant a leave of absence for
up to six (6) months.
An employee returning to duty with the City shall inform the
Fire Chief and Executive Director of Personnel Services of
his or her intention at least thirty (30) calendar days
prior to the expiration of the six (6) month period or
shorter period if the full six (6) months is not taken.
Upon receipt of such notice, the Fire Chief will take steps
necessary to restore the employee to his or her former
position.
In addition to the above, the City Manager may
further extension not to exceed a total of one
leave of absence without pay.
grant a
(1) year
11.9 Industrial Leave.
A. Each affected "safety-member" employee covered by the
provisions of Labor Code Section 4850 who is compelled to
be absent from duty because of an illness or injury
covered by the State of California Worker's Compensation
Insurance and Safety Act shall, in lieu of temporary
disability compensation payable under the aforementioned
Act, continue to be paid his or her normal salary and
accrue other benefits in accordance with the provisions
of Labor Code Section 4850.
B. Any period of time during which an employee is required
to be absent from his or her position by reason of an
industrial injury or industrial illness for which he or
she is entitled to receive compensation shall not be
considered a break in continuous service for the purpose
of his or her right to salary adjustments or to the
accrual of vacation and seniority.
C. In consideration for the City agreeing to provide a sick
leave payoff in an amount equal to two-thirds (2/3) of up
to 200 unused days upon service retirement or separation
42
after twenty-five (25) years or more of service (Article
XI, Section 11.IK) of a deceased retiree's cash share of
contributions made to a post-retirement health insurance
premium continuation account (Article XI, Section II.lK,
Subsection 2 a.i.), new members of the Association
appointed on or after July 1, 1987, will not have the
"right" enj oyed by a current member who might become
disabled to defer his disability retirement date until
after all accrued sick leave has been exhausted rather
than accepting an up-front lump sum payment in lieu
thereof and an earlier retirement date but will be
required to accept a lump sum payment for any unused sick
leave in lieu of deferring his/her disability retirement
date until after all accrued sick leave has been
exhausted.
11.10
Administrative Leave Policy. The City Manager is
authorized to grant, at his or her discretion, paid or
unpaid administrative leave for employees covered by this
Agreement.
11.11
Catastrophic Leave Donation. In order to assist
employees otherwise granted leave of absence without pay
by the City Manager because of a catastrophic non-
industrial medical condition or injury, the City and the
Association agree to implement a Catastrophic Leave
Donation Procedure.
Nothing herein shall be construed to alter City policies
and procedures as provided in the Charter or ordinances
of the City of Santa Ana or other provisions of this
Agreement with regard to granting unpaid leaves of
absence.
A. Guidelines.
under this
taxation for
It shall be understood that all donations
procedure are voluntary and subject to
the recipient.
1. Employees may donate vacation time or one in-lieu
holiday to the eligible employee. In no event shall
sick leave be donated.
2. Employees shall be provided a two-week period to
submit donations. Donations received after this two-
week period shall not be processed. The two-week
period for each case shall be designated by the Fire
43
Chief or his/her designee as provided herein below.
3. For employees who work a twenty-four (24) hour tour
of duty the donations shall be for a minimum of three
(3) hours and a maximum of twelve (12) hours per
donor. All donations must be made in three-hour
increments, except in-lieu holidays must be for
twelve (12) hours.
4. For employees who work a forty (40) hour alternative
work week the donations shall be for a minimum of two
(2) hours and a maximum of eight (8) hours per donor.
All donations must be made in two-hour increments,
except in-lieu holidays must be for eight (8) hours.
5.
Any authorization of donations not
with the procedures outlined
subparagraph 2 below, will not be
made in accordance
in Section C,
processed.
6. All donations shall be irrevocable.
7. In the event the recipient returns to work before
leave donations have been exhausted, any balance on
the books shall be accrued by the recipient and
designated as sick leave, and may be used pursuant to
Article XI, Section 11.1.
B. Eligibility. Regular, full-time
eligible for catastrophic leave
following criteria are met:
employees
donations
shall
if
be
the
1. When it is reasonably foreseeable that all accrued
time on the books, such as sick leave, compensatory
time, vacation, and in-lieu holidays, will be
exhausted and the employee's illness will continue
past the time when the employee will be on paid
status.
2. The Fire Chief or his/her designee has approved a
written request for donations accompanied by a
medical statement from the employee's attending
physician. The attending physician's statement must
verify the employee's need for an extended medical
leave and must include a brief statement of the
nature of the illness or injury and an estimate of
the time the employee will be unable to work.
44
C. Procedure.
1. Upon receipt of a valid request for donations from an
eligible employee, the Fire Chief or his/her designee
shall post a notice of the eligible employee's need
for donations on bulletin boards accessible to
employees. No confidential medical information shall
be included in the posted notice.
2 .
Employees wishing to donate
employee must sign his/her
transfer of such donated time
time to an eligible
authorization of the
and provide:
a. His/her name, department name, and employee
number;
b. The number of donated hours of vacation time or
in lieu holiday time within the limitations of
Section A, subparagraph 3 and 4 above;
c. The name, department and class title of the
recipient;
d.
A statement
understands
irrevocable.
indicating that
such donation of
the donor
time is
3. At the close of the two-week donation period, the
Fire Department shall verify that each donating
employee has accrued vacation and/or in lieu holiday
time balances sufficient to cover the designated
donation;
4. The Fire Department shall submit all approved
donation authorizations for an eligible employee at
one time for processing. No donation authorizations
for the eligible employee will be processed after
this period. However, employees who receive
donations under this procedure and who exhaust all
donated hours may request an additional donation
period subject to the provisions of Section A,
herein;
5. The City shall add the donated time to the
recipient's sick leave account.
45
ARTICLE XII
12.0 EMPLOYEE INSURANCE
12.1 Health Insurance.
A. The City shall contribute toward the payment of premiums
for affected employees and their dependents under the
CalPERS Health Program. Effective July 1, 2005, January
1, 2006, January 1, 2007, and January 1, 2008,
respectively, the City shall contribute toward medical
premiums an amount consistent with the rates then in
effect for the "employee only", "employee plus one", and
"family", tier respectively, of the Kaiser "Other
Southern California" CalPERS HMO plan. Effective January
1, 2006, the City shall establish a Cafeteria benefit
plan for employees covered by this Agreement.
B. Any contribution necessary to maintain benefits under any
health insurance program provided by the City for its
employees and their eligible dependents in excess of the
amounts of the City contribution specified above shall be
borne entirely by the employee.
C. 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
one-hundred percent (100%) of the monthly premium amount
for the City's lowest "employee-only" coverage, if said
employee waives, in writing, City-paid coverage. If an
employee waives City provided coverage, said employee
shall provide proof of medical insurance coverage in a
non-City sponsored health plan. Said waiver shall
include a provision warning such employee that reentry
into any of the City-sponsored plans is allowed only at
open enrollment, unless there is a qualifying event, and
may require proof of insurability for such employee
and/ or f amil y .
12.2 Dental Insurance. During the term of this Agreement, the
City agrees to contribute toward the payment of premiums for
dental insurance plans provided by the City for employees
covered by this Agreement and their eligible dependents:
46
Effective January 1, 2006:
A. One hundred percent (100%) of the premium cost for
"employee-only" coverage.
B. Up to ninety dollars ($90) per month per employee for
"family" coverage.
Effective January 1, 2007:
A. One hundred percent (100%) of the premium cost for
"employee only" coverage.
B. Up to one hundred dollars ($100) per month per employee
for "family" coverage.
Effective January 1, 2008:
A. One hundred percent (100%) of the premium cost for
"employee only" coverage.
B. Up to one hundred ten dollars ($110) per month per
employee for "family" coverage.
Any contribution necessary to maintain benefits under said
dental plans in excess of the amount set forth above shall
be borne entirely by the employee.
For each such employee who is covered under a spouse's non-
City sponsored dental plan, the City will pay the employee a
cash payment each month in an amount equal to one-hundred
percent (100%) of the City's contribution, if the employee
waives, in writing, City-paid coverage. Said waiver shall
include a provision warning such employee that reentry into
any City-sponsored plan is allowed only at open enrollment,
unless there is a qualifying event, and may require proof of
insurability for such employee and/or family.
12.3 Disability Insurance. The City shall continue to pay one
hundred percent (100%) of the premium cost for a long term
disability insurance plan for employees covered by this
Agreement.
12.4 Life Insurance. The City shall continue to pay one hundred
percent (100%) of the premium cost for term life insurance
coverage under the policy it maintains on behalf of its
47
officers and employees in order to provide employees covered
by this Agreement with life insurance coverage in an amount
equal to twice such employee's annual rate of salary to a
maximum of three hundred thousand ($300,000) provided said
affected employees can provide evidence of insurability of
coverage if so required by the terms and conditions of said
term life insurance policy.
In the event any such employee is determined to be
ineligible for said insurance coverage, the City will
attempt to provide as much coverage as may be obtained at
reasonable cost without having to provide evidence of
insurability.
12.5 The City shall retain the right to change health, dental and
life insurance carriers, administer the insurance benefits
provided thereunder, and select and/or change any excess or
supplemental insurance carriers as a part of any sel f-
insurance plan during the term of this Agreement, provided
that employees covered by this Agreement continue to receive
equivalent benefits and provided that the parties have met
and conferred before the benefits changes are made.
12.6 Optional Association Benefit Plans. By maj ori ty vote,
Association members may opt to receive cash equivalent of
premium contributions made by City on behalf of employees
and dependents, to purchase group health and/or group dental
and/ or group L. T . D. insurance coverage through the
Association or its Agent provided, however, all members of
the Association waive, in writing, coverage under City-
sponsored group health and/or group dental and/or group
L.T.D.
12.7 Medical Retirement Subsidy Plan. Based on the first payroll
period in October, 2001 and no later than October 31st each
year thereafter for the term of this Agreement, the City
shall contribute to a fund an amount of money equal to one
percent (1%) of the bargaining unit's salary base plus pay
additives for the purpose of providing a retiree health
insurance subsidy plan. Eligibility for and the specific
payments made to members of the bargaining unit pursuant to
this plan shall be designated at the sole discretion of the
Association. Members represented by this Agreement who are
not or have not been enrolled in any of the City's medical
48
insurance plans shall remain eligible for this benefit.
Members covered by this Agreement who participated in the
Medical Retirement Subsidy Plan with the Santa Ana Firemen's
Benevolent Association (SAFBA) and have promoted into the
Fire Management Association (FMA) shall retain his/her
investment with the SAFBA's Medical Retirement Subsidy and
continue to receive benefits in accordance with the SAFBA
Medical Retirement Subsidy Plan. The plan shall be
administered by the City, at no cost to the Association or
its members pursuant to the written directives of the
Association. The funds contributed by the City will be
maintained in such a manner as to insure that the funds are
invested in a reasonably secure plan that bears a reasonable
rate of interest/growth given current financial markets.
For purposes of this Agreement, investments made pursuant to
the then current Statement of Investment Policy for the City
of Santa Ana, shall be deemed to meet the requirements of
this section. This program is for medical insurance premium
reduction only and will be implemented by February 1, 2002
for an employee retiring after July 1, 2001. If an employee
retires between July 1, 2001 and February 1, 2002, he or she
will be eligible to participate in said plan; however, in no
event, will he or she be eligible to utilize this program
until February 1, 2002. Additionally, in no event shall
said employee(s) be eligible for retroactive medical premium
reduction assistance between the date of retirement and
February 1, 2002.
Effective July 1, 2004 and July 1, 2005, respectively, the
City shall contribute an amount of money equal to one
percent (1%) of the bargaining unit's base salary, including
pay additives, for the purpose defined herein.
Effective July 1, 2006 and July 1, 2007, respectively, the
City shall contribute an additional three-quarters of one
percent (.75%) for a total of 1.75% of the bargaining unit's
base salary, including pay additives, for the purpose
specified herein.
12.8 Vision Care Insurance. As soon as practicable, the City
agrees to implement through payroll deduction, a non-
participatory vision care plan through Eye Med. This plan
is voluntary on behalf of the employees and shall be fully
funded by the participating employees.
49
12.9 Physicals. The City shall provide an annual
examination to each member of this unit. The
Association shall meet to mutually define the
components for said physical exam.
physical
Ci ty and
specific
l2.l00ption to Redesignate Certain Contributions. Affected
employees shall have the option of waiving coverage under
any City-sponsored group insurance plan, such as medical,
dental, long-term disability and life insurance coverages,
and applying the above specified amount of City contribution
toward each such coverage waived to deferred compensation
and/or earned income. Effective January 1, 2006, the above
specified amount of City contribution referenced herein,
shall be construed as being those amounts specifically
applicable to Sections l2.lA, 12.2, 12.3, and 12.4,
respectively.
50
ARTICLE XIII
13.0 DEFERRED COMPENSATION
13.1 An amount equal to one percent of the base semi-monthly pay
rate being paid each affected employee is deemed to be
deferred compensation and shall be contributed into the
City's deferred compensation plan by the City on behalf of
each affected employee. The amount is subj ect to the
general terms and conditions of the City of Santa Ana
Deferred Compensation Plan, and subject further to the
conditions that the employee shall have no vested rights in
the amounts contributed by the City until termination of
employment with the City and that the City will pay the
total amount of contributions plus any earnings to the
employee upon termination, resignation, retirement,
dismissal or death.
51
ARTICLE XIV
14.0 RETIREMENT
14.1 General. The terms of the existing contract between the
City and California Public Employees' Retirement System
(CalPERS) governing the retirement benefits of employees
covered by this Agreement are incorporated by reference
herein. The City shall continue to make contributions to
CalPERS in accordance with its contract with CalPERS for
employees covered by said contract.
14.2 Deferred Retirement. The City shall continue to make
payment to CalPERS on behalf of each affected employee
covered by this Agreement in an amount equal to one hundred
percent (100%) of each employee's individual employee
retirement contribution. Such payments shall be credited to
the individual employee's CalPERS account.
Such payments are not increases in base salary and no salary
rate range applicable to any of the employees covered by
this Agreement shall be changed or deemed to have been
changed by reason thereof. As a result, the City will not
treat these payments as ordinary income and, thus will not
withhold Federal or state income tax from said payments.
The City has received an opinion or ruling from the Internal
Revenue Service confirming that these payments are deferred
compensation, not ordinary income.
In the event that the City receives a subsequent ruling from
the Internal Revenue Service that such payments are ordinary
income of the employees instead of deferred compensation,
the City's obligation to make such payments shall
discontinue and in place thereof the base salary of each
said employee shall forthwith be increased eighteen (18)
salary rate ranges (approximately 9%) for "safety-member"
employees covered under the "3% at Age 50" CalPERS formula
and fourteen (14) salary rate ranges (approximately 7%) for
"miscellaneous member" employees covered under the "2% at Age
55" CalPERS formula by this Agreement.
For the purpose of reporting an employee's compensation to
CalPERS, the City shall include these payments as if they
were a part of the employee's base salary.
52
14.3 Increased Cost-of-Living Allowance. If, during the term of
this Agreement, the City approves an agreement with any
other represented bargaining unit in the City to amend the
City's contract with CalPERS to provide an annual cost-of-
living adjustment to retiree allowances that is greater than
the current two percent (2%) maximum amount, employees
covered by this Agreement shall be included in a CalPERS
contract amendment which will provide them with an annual
adjustment amount equal to the highest such amount granted
other represented employees of the City.
14.4 2% at 55 for CalPERS "Miscellaneous" Members. CalPERS
designated "miscellaneous" employees represented by the
Association shall be covered by the 2% at 55 retirement
benefit. Prior to this Agreement, employees designated as
CalPERS "miscellaneous" were required to contribute one
percent (1%) of their salary towards the 2% at 55 retirement
benefit by taking a deduction in pay of two (2) salary rate
ranges.
The City and Association agreed, effective November 1, 2001,
to eliminate the one percent (1%) pay deduction towards the
2% at 55 retirement benefit.
14.5 3% at 50 Service Retirement Benefit for CalPERS "Safety"
Members. The City agrees to amend its contract with CalPERS
to provide "safety" employees represented by this bargaining
unit with the 3% at 50 Service Retirement benefit, effective
July 1, 2001.
14.6 Payment of 3% at 50 Service Retirement Benefit. The City
has received an actuarial valuation dated March 3, 2000 from
CalPERS informing the parties that a cost analysis to amend
the City's contract to provide this benefit to current
employees will increase the City's normal cost by 1.864% of
its total yearly "safety" payroll for this unit. In order to
provide this benefit to its current "safety" members, the
City and Association agree that eligible employees will pay
50% of the total additional normal cost to provide this
benefit, not to exceed .93%.
14.7 Yearly Actuarial Valuation Fluctuations. CalPERS provides
the City with a yearly actuarial valuation informing it of
its new employer contribution rate to be in effect July 1st
of each year. The City and Association agree that the City's
53
employer contribution rate will fluctuate from year to year
based on the investment returns earned by the retirement
system. The City agrees that current eligible "safety"
employees paying to receive this benefit should also benefit
from this yearly fluctuation in the City's annual actuarial
valuation. As such, current eligible "safety" employees will
contribute 50% of any yearly City employer contribution rate
to a maximum of .93% during the term of this Agreement.
14.8 CalPERS Fourth Level 1959 Survivor Benefits . Effective
December 7, 2002, the City will provide CalPERS fourth level
of 1959 Survivor Benefits to all eligible employees in this
unit.
14.9 Pre-Retirement Optional Settlement 2 Death Benefit.
Effective July 5, 2000, the City will provide the CalPERS
Pre-Retirement Optional Settlement 2 Death Benefit to all
eligible employees in this bargaining unit.
l4.l0Uniform Reporting Allowance. The CalPERS reporting
allowance shall be $50 per month per eligible member,
effective January 1, 2002.
14. IIMilitary Service Credit as Public Service. Effective March
8, 2001, Safety employees and April 5, 2002, Miscellaneous
employees, respectively, 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.
l4.l2Retirement Health Savings Program. As soon as practicable
following Council approval of this Agreement, the City shall
establish a voluntary program for employees to contribute
unused sick leave, vacation, or other employee benefits on a
pre-tax basis in conjunction with a Cafeteria Benefit Plan
or other tax exempt program.
l4.l3Enhanced Retirement Formula. If the Firemen's Benevolent
Association agrees to an enhanced retirement formula during
the term of this Agreement, then employees covered by this
Agreement shall receive the same benefit.
54
ARTICLE XV
15.0 CREDIT UNION DEDUCTION
15.1 The City shall permit an employee covered by this Agreement
to have a deduction made from his or her payroll check for
the Santa Ana City Employee's Credit Union, provided that
the employee executes a written authorization on the payroll
deduction form provided by the City.
55
ARTICLE XVI
16.0 EXPANDED RESIDENCY
16.1 The City shall continue to permit employees covered by this
Agreement to reside outside the limits of Orange County, so
long as such residency is not an unreasonable distance nor
requires an unreasonable response time to the particular
employee's place of employment. Any affected employee who
desires to take advantage of the opportunity to reside
outside of Orange County shall first request permission to
do so from his department head. Said request shall be
granted by the department head if it is determined that the
intended residence is not an unreasonable distance nor
requires an unreasonable response time to the employee's
place of employment.
Should the department head refuse any such request, the
employee shall have the right of appeal of said
determination to the City Manager for reconsideration.
56
ARTICLE XVII
17.0 PREVENTIVE MEDICINE PROGRAM
17.1 The City shall continue to maintain a comprehensive
preventive medicine program for all employees covered by
this Agreement who, during the course and scope of their
employment, are exposed to communicable diseases, with the
City to pay all necessary expenses in connection with such
program. The City reserves the right to determine which
medical facility or facilities will be used for any such
program.
57
ARTICLE XVIII
18.0 DISCIPLINE
18.1 Any regular employee covered by this Agreement may only be
disciplined in accordance with the standards and procedures
and subject to all rights of appeal set forth in the Santa
Ana Municipal Code.
58
ARTICLE XIX
19.0 GRIEVANCE REVIEW PROCEDURE
19.1 Definition of a Grievance. A grievance shall be defined as
a timely complaint by an employee or group of employees or
the Association concerning the interpretation or application
of specific provisions of this Agreement, or of the rules
and regulations governing personnel practices or working
conditions of the City, except, however, those matters
specifically assigned to the jurisdiction of the City
Personnel Board by those provisions of the City Charter and
the Civil Service Rules and Regulations.
No employee shall suffer any reprisal because of filing or
processing of a grievance or participation in the Grievance
Review Procedure.
19.2 Informal Process.
A. An employee must first attempt to resolve the grievance
on an informal basis through discussion with his or her
immediate supervisor without undue delay, but in no case,
beyond a period of ten (10) calendar days after the
occurrence of the alleged incident giving rise to the
grievance, or when the grievant knew or should have
reasonably become aware of the facts giving rise to the
grievance.
B. Every effort shall be made to find an acceptable solution
to the grievance through this informal means at the most
immediate level of supervision.
C. In order that this informal procedure may be responsive,
both parties involved shall expedite this process. If,
within five (5) working days, a mutually acceptable
solution has not been reached at the informal level, the
employee shall then set forth the grievance in writing,
indicate the nature of the action desired, sign it, and
submit it in duplicate to his or her immediate
supervisor. At this point, the grievance review process
becomes formal. Should the grievant fail to file a
written grievance, and in the manner specified above,
within ten (10) working days after first discussing the
grievance with the employee's immediate supervisor, the
grievance shall be barred and waived.
59
19.3 Formal Process.
A. If a grievance is not resolved through the informal
process, and a written grievance is filed within the time
limits set forth above, the grievant's immediate
supervisor shall add his or her comments and any
justification he or she considers proper, sign it, and
forward it to the Fire Chief without undue delay or, in
no case, more than ten (10) calendar days.
B. If the grievant files a written grievance with the Fire
Chief in the manner and within the time limits specified,
then a conference shall be held at the request of the
employee or the Fire Chief.
C. The Fire Chief shall inform the employee of his or her
action within ten (10) calendar days after receipt of the
request of the settlement. The original of the grievance
form and the Chief's decision shall be filed in the
personnel records of the department.
D. If no satisfactory settlement has been reached at the
departmental level, the employee may, within ten (10)
calendar days after being informed by the Fire Chief of
his or her decision on the matter, and the reasons
thereof, submit the grievance in writing to the City
Manager, or his or her duly authorized representative,
for determination. Failure of the grievant to take this
action will constitute a waiver and bar to the grievance,
and the grievance will be considered settled on a basis
of the Fire Chief's response.
E. The City Manager or his duly authorized representative,
after a careful review, shall render a final decision on
the merits of the grievance, in writing, and return it to
the grievant within fifteen (15) calendar days after
receiving the grievance. A copy of the written grievance
to the City Manager, or his or her duly authorized
representative, and of the City Manager's or his or her
representative's written decision shall be filed in the
personnel records of the department and the grievant's
personnel jacket maintained in the Personnel Services
Department.
60
F. After the procedures set
exhausted, the grievant,
shall have all rights
grievance under the law.
forth in this Article have
the Association, and the
and remedies to pursue
61
been
City
said
ARTICLE XX
20.0 DUES DEDUCTION AND INDEMNIFICATION
20.1 Dues Deduction. The City shall deduct dues, on a regular
basis, from the pay of all employees recognized to be
represented by the Association, who voluntarily authorize
such deduction, in writing, on a form to be provided for
this purpose by the City. The City shall remit such funds
to the Association within thirty (30) days following their
deduction.
20.2 Indemnification. The Association agrees to hold the City
harmless and indemnify the City against any claims, causes
of action, or lawsuits instituted by a member or members of
the Association arising out of the deductions or transmittal
of such funds to the Association, except the intentional
failure of the City to transmit, to the Association, monies
deducted from the employees pursuant to this Article.
62
ARTICLE XXI
21. 0 CITY RIGHTS
21.1 The City reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been
expressly abridged by specific provision of this Agreement
or by law to manage the City, as such rights existed prior
to the execution of this Agreement. The sole and exclusive
rights of Management, as they are not abridged by this
Agreement or by law, shall include, but not be limited to,
the following rights:
A. To manage the City generally and to determine the issues
of policy.
B. To determine the existence or non-existence of facts
which are the basis of the Management decision.
C. To determine the necessity of organization of any service
or activity conducted by the City and expand or diminish
services.
D. To determine the nature, manner, means, and technology,
and extent of services to be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods,
technology, means, and size of the work force by which
the City operations are to be conducted.
H. To determine and change the number of locations,
relocations, and types of operations, processes, and
materials to be used in carrying out all City functions
including, but not limited to, the right to contract for
or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance
with requirements as determined by the City, and to
establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or
similar nondisciplinary reason, subject to the provisions
63
of the City Charter, Municipal Code, Federal and state
law and this Agreement.
K. To establish and modify productivity and performance
programs and standards.
L. To discharge, suspend, demote, or otherwise discipline
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
nondisciplinary reasons in
Agreement.
and demote employees for
accordance with this
O. To determine policies, procedures, and standards for
selection, training and promotion of employees.
P. To establish employee performance standards including,
but not limited to, quality and quantity standards and to
require compliance therewith.
Q. To maintain order and efficiency in its facilities and
operations.
R. To establish and promulgate and/or modify rules and
regulations to maintain order and safety in the City
which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the
mission of the City in emergencies.
21.2 Except in emergencies, or where the City is required to make
changes in its operations because of the requirements of
law, whenever the contemplated exercise of Management's
rights shall impact on a significant number of employees of
the bargaining unit, the City agrees to meet and confer in
good faith with representatives of the Association regarding
the impact of the contemplated exercise of such rights prior
to exercising such rights, unless the matter of the exercise
of such rights is provided for in this Agreement.
64
ARTICLE XXII
22.0 STRIKES AND WORK STOPPAGES
22.1 Prohibited Conduct.
A. The Association, its officers, agents, representatives,
and/or members agree that during the term of this
Agreement, they will not cause or condone any unlawful
strike, walkout, slowdown, sick-out, or any other
unlawful job action by withholding or refusing to perform
services.
B. Any employee who participates in any conduct prohibited
in Subsection A above shall be subject to suspension,
demotion or dismissal by the appointing authority.
22.2 Association Responsibility. In the event that the
Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in
Subsection A, Section 21.1 above of this Article, Prohibited
Conduct, the Association shall immediately instruct any
persons engaging in such conduct that their conduct is in
violation of this Agreement and unlawful, and they must
immediately cease engaging in the conduct prohibited in said
Subsection A, Section 21.1, and return to work.
65
ARTICLE XXIII
23.0 SOLE AND ENTIRE AGREEMENT
23.1 It is the intent of the parties hereto that the provisions
of this Agreement shall supersede all prior agreements and
memoranda of agreement, or memoranda of understanding, or
contrary salary and/or personnel rules and regulations or
administrative codes, provisions of the City, oral and
written, express or implied between the parties, and shall
govern the entire relationship and shall be the sole source
of any and all rights which may be asserted hereunder. This
Agreement is not intended to conflict with Federal or State
law or the City Charter.
23.2 The City will continue to administer its employee relations
and its personnel policies and procedures in accordance with
duly-adopted ordinances and resolutions and the affected
employees will continue to be governed thereby during the
term of this Agreement.
66
ARTICLE XXIV
24.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
24.1 During the term of this Agreement, the parties mutually
agree that they will not seek to negotiate or bargain with
regard to wages, hours and terms and conditions of
employment, whether or not covered by this Agreement or in
the negotiations leading thereto, unless required by
specific provision of this Agreement, and irrespective of
whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the
negotiations leading to this Agreement. Regardless of the
waiver contained in this Article, the parties may, however,
by mutual agreement, in writing, agree to meet and confer
about any matter during the term of this Agreement.
67
ARTICLE XXV
25.0 SEPARABILITY PROVISION
25.1 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.
68
ARTICLE XXVI
26.0 TERM OF AGREEMENT
26.1 The term of this Agreement shall be from July 1, 2004
through June 30, 2008.
If this Agreement is not replaced by a new Agreement between
the City of Santa Ana and the Association before June 30,
2008, then it is agreed that all provisions of this
Agreement will remain in place until a new agreement is
reached.
69
ARTICLE XXVII
27.0 RATIFICATION AND EXECUTION
27.1 The City and the Association have reached an understanding
as to certain recommendations to be made to the City Council
for the City of Santa Ana and have agreed that the parties
hereto will jointly urge said Council to adopt a new wage
and salary resolution which will provide for the changes
contained in said joint recommendations. The City and the
Association acknowledge that this Agreement shall not be in
full force and effect until ratified by the membership of
the Association and adopted by the City Council of the City
of Santa Ana. Subject to the foregoing, this Agreement is
hereby executed by the authorized representatives of the
City and the Association and entered into this 6th day of
June 2005.
CITY OF SANTA
corporation
Califo l
ANA,
f
a municipal
the State
of
By:
,~
Dated:
By:
Dated:
Dated:
/
~\dh
I bJ Y}D:;-
By:
Dated:
ATTEST:. /
~- .~
,J J--<-<:~---c-<-./ .-
CLERK OF THE COUNCIL
v
70
This Agreement has been ratified by the membership of the Santa
Ana Fire Management Association.
Dated:
/bJy/or
/ .
71
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