HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC 5 (PART-TIME CIVIL SERVICE) (2004-2008)
A-2006-150
2004 - 2008
LETTER
OF
AGREEMENT
CITY OF SANTA ANA
AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347
PART TIME CIVIL SERVICE EMPLOYEE
REPRESENTATION UNIT
LETTER OF AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347
FOR FISCAL YEARS 2004-05 THRU 2007-08
PART TIME CIVIL SERVICE EMPLOYEE REPRESENT A TION UNIT
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
ARTICLE XXVIII
ARTICLE XXIX
EXHIBIT A
EXHIBIT B
EXHIBIT C
TABLE OF CONTENTS
SUBJECT
RECOGNITION
NON-DISCRIMINATION CLAUSE
ATTENDANCE, HOUR LIMITS, AND NUMBER OF
EMPLOYEES
SALARIES
ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
OVERTIME
TRAINING & EDUCATIONAL ASSISTANCE
PROGRAM - NOT APPLICABLE
HOLIDAYS
V ACA TION
OTHER LEAVES OF ABSENCE
EMPLOYEE INSURANCE
RETIREMENT
TOOL REIMBURSEMENT POLICY
UNIFORM MAINTENANCE
SAFETY
RESIDENCY
GRIEVANCE REVIEW PROCEDURE
UNION RIGHTS
DUES DEDUCTION & INDEMNIFICATION
CITY RIGHTS
STRIKES & WORK STOPPAGES
LA YOFFS
MISCELLANEOUS PROVISIONS
SOLE & ENTIRE AGREEMENT
WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT
EMERGENCY WAIVER PROVISION
SEPARABILITY PROVISION
TERM OF AGREEMENT
RATIFICATION & EXECUTION
BASIC SALARY & WAGE SCHEDULE
ASSIGNMENT OF CLASSES REPRESENTED BY SANTA
ANA CITY EMPLOYEES CHAPTER 1939 SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 347
RESO 81-75
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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 City Employees Chapter 1939/Service Employees International Union Local
347 (hereinafter called the "Union") as the recognized representative of the bargaining
unit which includes Part Time Civil Service personnel employed by the City of Santa
Ana in classifications listed in Exhibit "B".
1.2 During the term of this Agreement, no substantive issue ofrepresentation shall be raised
contrary to this recognition except as provided in Resolution No. 81-75, the Employer-
Employee Relations Resolution ofthe City of Santa Ana.
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and the Union agree that they shall not discriminate against any employee
because of race, color, sex, age, national origin or alienage, sexual orientation, political or
religious opinions or affiliations, or union membership, and that all jobs are open to
males and females. The City and the Union shall reopen any provision of this Agreement
for the purpose of complying with any order of a Federal or State agency or court of
competent jurisdiction requiring a modification or change in any provision or provisions
of this Agreement in compliance with State or Federal anti-discrimination laws.
2.2 Whenever reference is made to the masculine gender, it shall be understood to include the
feminine gender, unless expressly stated otherwise.
ARTICLE III
3.0 ATTENDANCE, HOUR LIMITS, AND NUMBER OF EMPLOYEES
3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work
during hours prescribed by the Department Head or his/her designee(s) and shall not
absent themselves without approval of the Department Head or his/her designee(s).
3.2 Hour Limits. Persons appointed to a Part Time Civil Service position work an average of
20 - 30 hours per week and may not exceed 138 hours in any two (2) consecutive pay
periods, if working more than 30 hours per week in some of the weeks.
NOTE: Pay periods for Part Time Civil Service employees run from the II th of the
month, through the 25th of the same month, and from the 26th of the month through the
10th of the following month. The total number of hours worked depends on the number
of work days contained in two (2) consecutive pay periods. For example, in two (2)
consecutive pay periods which contain a total of 23 work days, a person appointed to a
Part Time Civil Service position may work a total of 92 to 138 hours.
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Should there be any intentional violation by the City of the Part Time Civil Service hour
limits as shown in Section 3.2 above that equal two (2) in a six (6) month period, or three
(3) in a twelve (12) month period, then the City will be obligated to immediately
compensate the employee by paying the full cost up to the amount paid on behalf of a full
time employee of the employee-only medical insurance premiums from that date forward.
Failure to comply with this provision is subject to the grievance procedure. For purposes
of this Section only, the total number of hours worked shall be exclusive of vacation, sick
leave, or holiday time.
3.3 Number ofEmplovees. The number of Part Time Civil Service positions during the term
of this Agreement shall not exceed:
o Fifteen (15) in the Library Department
o Ten (10) in the Parks, Recreation, and Community Services Department
o Twelve (12) in all other departments
Should an adjustment to these numbers be requested by either party during the term of
this Agreement, the parties agree to meet and confer regarding this matter.
3.4 Hourlv Conversion. Whenever reference is made to a required number of days, months,
or years for Full Time Civil Service employees in this Article, an equivalent number of
hours shall be substituted to satisfy an equivalent requirement for Part Time Civil Service
employees as defined in Section 3.2 of this Agreement.
ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
Part Time Civil Service personnel who are now employed or will in the future be
employed in any of the designated classifications of employment represented by the
Union as listed in this Agreement and its attachments.
4.2 SalarY Schedule. The basic salary schedule is attached hereto in a matrix format as
Exhibit "A," which is included in the Full Time SEW MOU and made a part hereof as
though set forth in full herein. Such salary schedule provides numerous salary rate
ranges, each comprised of six (6) steps or rates of pay.
The respective rate ranges are identified by a three digit number. The steps within each
range are identified by the letters "AA" through "E" inclusive, with Step "AA" being the
lowest step in the range. For Part Time Civil Service employees, the purpose of each step
and length of service required for advancement to the next step within a particular salary
rate range is summarized as follows:
AA Step
A Step
B Step
- Normal beginning pay rate.
- After 1040 hours in next lower step.
- After 2080 hours in next lower step.
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Also optional hiring rate.
Also optional hiring rate.
C Step
D Step
EStep
- After 2080 hours in next lower step. Also optional hiring rate.
- After 2080 hours in next lower step. Is maximum hiring rate.
- Merit rate. After 3120 hours in next lower step.
Specific regulations governing advancement within salary rate ranges for Part Time Civil
Service employees are set forth in Section 4.8 of this Agreement.
4.3 Salaries.
A. Effective July I, 2004, the base salaries of employees covered by this Agreement
shall not be increased.
B. Effective July I, 2005, the base salaries of employees covered by this Agreement
shall not be increased.
C. Effective July I, 2006, the base salaries of employees covered by this Agreement
shall be increased by nine (9) salary rate ranges (approximately 4.5%).
D. Effective July I, 2007, the base salaries of employees covered by this Agreement
shall be increased by an amount equal to that received by the Police Officers'
Association but shall not be less than seven (7) salary rate ranges (approximately
3.5%) nor exceed nine (9) salary rate ranges (approximately 4.5%).
E. The parties agree that should any other City bargaining unit receive a higher
salary increase during the term of this Agreement, this bargaining unit will
receive the same increase.
F. The assignment of classes to salary rate ranges is listed in Exhibit B, which is
included in the Full Time SElU MOD and made a part hereof as though set forth
herein.
4.4 Application of Basic Compensation Plan. The salary rate ranges contained in Section 4.2
and Exhibit "B" are monthly salary rate ranges. However, all employees working in
classifications of employment covered by this Agreement shall be compensated at an
hourly rate. The regular rate of pay shall be computed as provided for by the Fair Labor
Standards Act (FLSA).
Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by
dividing the monthly salary rate by 173.33. In determining the hourly rate as herein
provided, computation shall be made to the nearest whole cent and a computation
resulting in an even one-half cent shall fix the rate at the next higher whole cent.
4.5 Probation. The probationary period shall be the hourly equivalent of one (1) year (2080
hours) from the date of appointment from an open eligible list (new hire) or a
reappointment eligible list (rehire) and the hourly equivalent of six (6) months (1040
hours) from the date of appointment from a promotional eligible list.
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4.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown
as Step "AA" in the salary rate range allocated to the class of employment for which he
or she has been hired. In special instances where such new employee possesses unique
and exceptional educational training and/or experience qualifications, the Department
Head, under whom the employee will serve, may submit a written request and
justification to the City Manager for authorization to place such new employee on Step
"A," "B," "C," or "D" within the allocated salary rate range, provided that such employee
shall be assigned such salary step upon the commencement of his or her service in the
classification of employment to which the salary rate range applies and such assignment
having once been made shall remain in effect until the said employee shall be entitled to
advance to the next salary step in accordance with the further provisions of this Article.
4.7 Service. The word "service" as used in this Agreement shall be deemed to mean
continuous, full time service (or an equivalent nwnber of hours) in the classification in
which the employee is being considered for salary advancement, service in a higher
classification or service in a classification allocated to the same salary rate range and
having generally similar duties and requirements. Employees hired after the first (1 st)
working day of the month shall not be credited with "time in service" for that month
when determining the length of service required for salary step advancement. A lapse of
service by an employee for a period of time longer than thirty (30) calendar days by
reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length
of service time of such employee for the purposes of this Agreement, and such employee
reentering the service of the City shall be considered as a new employee, except when he
or she is being or will be reappointed within one (1) year and placed in the same salary
step in the appropriate salary rate as he or she was at the time of termination of
employment. "Resignation, quit, or discharge" for purposes of this section shall mean
separating from Part Time Civil Service City employment altogether, not leaving one
position to accept appointment to another position in an unrelated classification outside
the career ladder.
4.8 Advancement Within Ranges.
A. Length of Service Advancements. After the salary of an employee has been first
established and fixed under this plan, such employee shall be advanced from Step
"AA" to Step "A," from Step "A" to Step "B," from Step "B" to Step "C," or
from Step "C" to Step "D," whichever is the next higher step to that on which the
employee has been previously paid, effective the first day of the month following
the date of completion of the length of service required for such advancement as
provided in Section 4.2 and Exhibit A hereof.
B. Merit Advances. An employee shall be considered for advancement from Step
"D" to Step "E" upon the completion of the required length of service as provided
in Section 4.2 and Exhibit A hereof; the effective date of such merit increase, if
granted, shall be on the first (1 ") day of the month following the completion of
such required length of service. Advancement to Step "E" may be granted only
for continued meritorious and efficient service and continued improvement by the
employee in the effective performance of the duties of his or her position. Such
merit advancement shall require the following:
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1. There shall be on file in the office of the Executive Director of Personnel
Services a copy of each periodic performance appraisal report required to
be made on the employee by the Civil Service Rules and Regulations
and/or the City Manager during the period of service time of such
employee subsequent to his or her last salary advancement.
2. The Department Head, at least twenty (20) calendar days prior to the
anticipated completion of such employee's required length of service,
shall file with the City Manager a statement recommending the granting or
denial of the merit increase and supporting such a recommendation with
specific reasons therefore. The employee shall be notified by the
Department Head as to such recommendations and of the reasons
therefore.
3. No advancement in salary above Step "D" shall become effective until
approved by the City Manager, except when placement on a salary step
above Step "D" results from promotion under the provisions of Section
4.10 of this Article.
C. Length of Service Required When Advancement Denied. When an employee has
not been approved for advancement to merit Step "E," he or she may be
reconsidered for such advancement after the completion of 520 hours of
additional service and shall be reconsidered for such advancement after the
completion of 1 040 hours of additional service. This reconsideration shall follow
the same steps and shall be subject to the same actions as provided in
subparagraph B of this section.
4.9 Reduction in Salarv Steps. Any employee who is being paid at merit Step "E" may be
reduced to Step "D" of the appropriate salary range, upon the recommendation of the
Department Head, and the approval of the City Manager. Procedure for such reduction
shall follow the same procedure as outlined for merit advancements in Section 4.8 above,
and such employee may be considered for readvancement under the same provisions as
contained in Subsection C of Section 4.8 above.
4.10 Promotional Salarv Advancement. When an employee is promoted to a position in a
higher classification from a position in a lower classification in the same occupational
career ladder, he or she shall be reassigned to Step "AA" in the appropriate salary rate
range for the higher classification; provided, however, that if the base salary step
currently being paid such employee is already equal to or higher than said Step "AA," he
or she will be placed in the lowest step in the appropriate salary rate range as will grant
that employee a minimum increase of one (1) salary step (approximately 5%) over his or
her current base salary step, inclusive of lead pay, and exclusive of any other assignment
or special pay additive or additives such as bilingual pay, shift differential, special skill
payor the like, except when placement at "E" step will not be sufficient to provide a one
(1) salary step (approximately 5%) increase.
4.11 Demotion. When an employee is demoted to a position in a lower classification, his or
her salary rate shall be fixed in the appropriate salary rate range for the lower
classification in accordance with the following provisions:
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A. The salary rate shall be reduced by at least one (1) step (approximately 5%).
B. The new salary rate must be within the appropriate salary rate range.
C. The new salary rate shall not be higher than the salary step to which the employee
would have been entitled had his or her service time in the higher classification
been spent in the lower classification.
D. If the salary rate recommended by the Department Head is lower than the
maximum step permissible under Subsection C above, such recommendation shall
be considered a reduction in pay in addition to the demotion and shall be handled
in accordance with the provisions for salary reductions (Section 4.9, above).
4.12 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification
which is reallocated to a different salary rate range from that previously assigned shall be
retained in the same salary step in the new salary rate range as he or she had previously
held in the prior rate range and shall retain credit for length of service in such step
towards advancement to the next higher step.
4.13 Request for Classification Review. Any employee who, for a continuous period
exceeding six (6) months, believes he or she is regularly and consistently performing
duties and/or responsibilities not in conformance with their classification concept, or
duties and/or responsibilities of another classification, may request a classification review
of their position through their supervisor to the Department Head. The employee must
submit their request on a form specified by the Executive Director of Personnel Services,
outlining in writing how they believe their current duties and/or responsibilities differ
from their classification concept.
A. The Department Head will review the employee's submitted request and within
sixty (60) days will make one of the following determinations:
1. Will support the employee's request.
a. If the Department Head supports the employee's request for a
classification review, he or she shall forward the request to the
Executive Director of Personnel Services along with justification
for support ofthe employee's request.
b. The Department Head shall notify the employee that his or her
request has been submitted to the Executive Director of Personnel
Services.
2. Will not support the employee's request.
a. If the Department Head does not support the employee's request
for a classification review, he or she shall notify the employee of
this decision in writing and set forth the basis for the decision.
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b. If the Department Head does not support the employee's request,
but agrees that some of the duties and/or responsibilities being
performed by the employee are those of a higher level City
classification, he or she can do the following:
I. Return the employee to performance of the duties and/or
responsibilities of their proper classification.
2. Eliminate the higher duties and/or responsibilities being
performed by the employee, for which the City has agreed
are those for which it shall provide higher compensation.
B. Any employee request for classification review approved by the Department Head
shall be forwarded to the Executive Director of Personnel Services. The
Executive Director of Personnel Services shall confirm receipt of the request in
writing to the employee. Within sixty (60) days of receipt of the request, the
Executive Director of Personnel Services shall notify the employee and
Department Head of the decision as to whether a study will be conducted. If the
Executive Director of Personnel Services determines that a study is appropriate,
the Executive Director of Personnel Services shall so notify the employee and the
Department Head in writing and shall provide the employee and Department
Head with an approximate start date for the study.
C. All determinations of the Department Head and the Executive Director of
Personnel Services are final.
D. All studies and study findings shall reqUire City Manager approval before
proceeding.
E. All recommendations resulting from study findings require the approval of the
City Council and shall be implemented in accordance with the City's Civil
Service rules.
ARTICLE V
5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
5.1 Assignment Pav Differential.
Assignment pay differentials, as listed herein and throughout the contract, shall, in each
case, be added individually and separately to the employee's base salary. In no event
shall one assignment pay differential be added to the employee's base salary as a basis
for the calculation of an additional pay differential.
A. Incumbents in the classifications of Senior Office Assistant, Secretary or
Executive Secretary who are assigned by a Department Head, with the prior
approval of the City Manager, to a position requiring the ability to take dictation
at a rate of 70 words per minute or better on a regular basis or as an essential or
integral element of the work ofthe position, shall be paid a monthly differential of
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sixty dollars ($60) above his or her then current base monthly salary step for each
full month of such assignment.
B. Incumbents in the classifications of Park Maintenance Worker and Park
Maintenance Leader who are continuously and regularly assigned to perform
duties as a Park Maintenance Planner-Scheduler, shall be paid an assignment pay
differential at a rate set above his or her then current base monthly salary step in
accordance with the following schedule: twenty (20) salary rate ranges (10%) for
full-time assignment; ten (10) rate ranges (approximately 5%) for half-time
assignment.
C. An incumbent in the classification of Senior Office Assistant who is continuously
and regularly assigned to operate. and who actually operates, a two-way radio
communications base station. shall be paid at a rate set five (5) salary rate ranges
(approximately 2.5%) above his or her then current base monthly salary step.
D. Incumbents in the classifications of Fleet Equipment Technician II and III who
are assigned to perform repair and maintenance on fire apparatus on a continuous
and regular basis. who possess a California State Certification of Fire Mechanic
Level I or Level II. shall be paid an assignment pay differential at a rate set five
(5) salary rate ranges (approximately 2.5%) respectively, for each certification,
above his or her then current base monthly salary step.
E. Incumbents in the classifications of Fleet Equipment Technician I, II and III who
are assigned to perform repair and maintenance on emergency response vehicles,
excluding fire apparatus. on a continuous and regular basis, and who possess a
nationally recognized certification for Emergency Vehicle Technician Level I or
II, shall be paid an assignment pay differential at a rate set five (5) salary rate
ranges (approximately 2.5%), respectively, for each certification, above his or her
then current base monthly salary step.
F. Incumbents in the classifications of Fleet Equipment Technician I, II, III, and
Fleet Equipment Supervisor, who maintain a valid State of California Class "A"
(Commercial) Driver's License and are assigned to an area that requires the
possession of a Class "A" license in the course and scope of their work shall be
paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her
then current base monthly salary step.
G. Incumbents in the classification of Park Maintenance Worker who are regularly
and continuously assigned to and actually performing park mowing duties using
heavy mower equipment, shall be paid at a rate set twenty (20) salary rate ranges
(approximately 10%) above his or her then current base monthly salary step.
H. Incumbents in the classification of Park Maintenance Worker who are regularly
and continuously assigned to and actually performing duties as a utilities
coordinator shall be paid at a rate set twenty (20) salary rate ranges
(approximately 10%) above his or her then current base monthly salary step.
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I. Incumbents in the classification of Park Maintenance Worker who are regularly
and continuously assigned to and actually performing duties as an irrigation
technician shall be paid at a rate set twenty (20) salary rate ranges (approximately
10%) above his or her then current base monthly salary step.
J. Incumbents in the classification of Park Maintenance Worker who are regularly
and continuously assigned to and actually performing duties as a pesticide
operator shall have the opportunity to earn up to fifteen (15) salary rate ranges
(approximately 7.5%) above his or her then current base monthly salary step for
acquisition of the following: Department of Food & Agriculture Qualified
Applicator License = five (5) salary rate ranges (approximately 2.5%); Certificate
in Ornamental Horticulture = ten (10) salary rate ranges approximately 5%.
K. Incumbents in the classification of Park Maintenance Worker who maintain a
valid Certified Pool Operator license and who are assigned to and actually
performing duties as an aquatics technician shall be paid at a rate set five (5)
salary rate ranges (approximately 2.5%) above his or her then current base
monthly salary step.
5.2 Lead Pav. An incumbent who is regularly and continuously assigned to lead a functional
unit which includes two (2) or more Part Time Civil Service positions in the same or
lower classifications as the incumbent may be compensated for said duties upon mutual
agreement of the City and SEIU and approval of the Department Head and the Executive
Director of Personnel Services. This compensation shall be referred to as "lead pay."
In addition, incumbents in the following classifications who are regularly and
continuously assigned to perform lead supervisory responsibilities shall receive lead pay
compensation at a rate set ten (10) salary rate ranges (approximately 5%) above his or her
then current base monthly salary step: Buyer, Customer Services Representative,
Equipment Operator-Motor Sweeper, Information Services Representative, Librarian,
Library Services Assistant, Parking Meter Technician II, Senior Systems Administrator,
Graphics Designer II, Senior Accounting Assistant, Housing Specialist II, Senior
Librarian, Workforce Specialist II, and Workforce Specialist III. An incumbent in the
classification of Custodian who is regularly and continuously assigned to perform lead
supervisory responsibilities shall receive lead pay compensation at a rate fifteen (15)
salary rate ranges (approximately 7.5%) above his or her then current base monthly salary
step.
5.3 Bilingual Pav. An employee who is assigned by a Department Head or his or her
designee to a position requiring bilingual capability in both English and either Spanish,
Samoan, Vietnamese or other languages designated by the City Manager, shall be paid a
monthly assignment pay differential in accordance with the criteria and amounts set forth
below:
A. Certification by the Executive Director of Personnel Services as having
satisfactorily demonstrated conversational fluency in both languages for any
position requiring bilingual capacity.
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B. Positions where it has been determined by the Department Head that bilingual
proficiency is essential to carry out duties and responsibilities of a critical and/or
emergency nature without ready access to backup assistance, or positions where
bilingual public contact is a major, essential or integral element of the work being
performed, shall be designated as Primary Bilingual Assignments. A qualified
incumbent of such position shall be paid a prorated amount based on $175G per
173.33 hours above his or her then current base hourly salary step.
C. Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not a
major, essential or integral element of the work, shall be designated as Secondary
Bilingual Assignments. A qualified incumbent of such position shall be paid a
prorated amount based on $40 per 173.33 hours above his or her base hourly
salary step for each full month of such assignment.
D. The number of such Primary and/or Secondary Bilingual Assigmnents shall be no
larger than the requirements of the department as determined by the Department
Head and the City Manager.
E. There shall be periodic recertification of such bilingual capability.
5.4 Shift Differential.
A. Generallv. An employee in a class represented by the Union who is continuously
and regularly assigned to a schedule of work which requires that he or she
actually work a minimum of four and one-half (4 Y2) hours between the hours of
5:00 p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work
shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or
her then current base monthly salary step; except, however, such shift pay
differential shall not be applicable to employees in the classification of Park
Ranger and Supervising Park Ranger.
B. Librarv Department Emplovees. Library Department employees hired prior to
December 1, 1987, who work evening shifts until closing time, but who are not
otherwise eligible for shift differential as provided under Subsection A above,
shall receive, as special shift pay, an amount equal to one-half (Y2) of one hour's
pay for each day they work an evening shift until closing time. Said special shift
pay shall be computed on the hourly equivalent of the base monthly salary step.
Such half-hour's pay shall not be counted toward the computation of overtime.
Such special Library shift pay differential shall not be applicable to Library
employees hired on or after December I, 1987.
C. Earlv Morning Street Crews. A Street Maintenance employee who is assigned to
traffic painting or downtown cleanup crews who is continuously and regularly
assigned to a schedule of work which requires that he or she actually work at least
fifty percent (50%) of his or her normal daily work shift between the hours of
I :00 a.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work
shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or
her then current base monthly salary step.
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D. Park Maintenance Worker. Employees in the class of Park Maintenance Worker
who are regularly and continuously assigned to a schedule of work which requires
that they actually work a minimum of two (2) weekend night shifts (4 1,1., hours
between the hours of 5:00 p.m. and 7:00 a.m.) as part of his or her regular five (5)
day work schedule, shall be paid a special night shift differential of five (5) salary
rate ranges (approximately 2.5%) above his or her then current base monthly
salary step.
E. Standbv Pav. Employees who are released from active duty but who are required
by their department to leave notice where they can be reached and be available to
return to active duty when required by the department at any time other than their
regularly scheduled working hours, shall be said to be on standby duty. Such
employees shall receive two hundred dollars ($200) per week when assigned to be
on standby duty.
Water Production staff shall be required to serve on standby duty and receive
standby pay as defined above. The City's preference shall be to accomplish the
above through volunteers; however, qualified employees may be directed to be on
standby if the number of volunteers is insufficient.
In addition to the $200 per week standby pay, if an employee is able to handle the
incident by phone or other electronic means without reporting to duty, he shall be
entitled to overtime pay at the rate of 15 minutes or actual time spent per incident
whichever is greater, paid at time and one-half (T 1,1.,) per incident.
5.5 Temporarv Upgrade Assignment Pay. In order to provide an equitable method of
compensating employees who are assigned temporarily to a vacant, full-time, budgeted,
higher-level position the following shall apply:
A. General Guidelines.
I. Temporary Upgrade Assignments shall be limited to the temporary filling of
vacant, full-time, budgeted positions due to the termination, promotion or
authorized long-term absence of the incumbent. A temporarily vacant position
need not be a position without an incumbent.
2. Each such assignment may be terminated at any time, but in no event shall such
assignment continue beyond one hundred eighty (180) days of such assignment.
3. Prior to recommending to the City Manager that a pay differential for a
Temporary Upgrade Assignment be granted, the Department Head shall make the
following determinations:
a. The duties and responsibilities of the position to be filled are of such
nature that they cannot remain unassigned pending the return to duty of
the absent incumbent or preparation of an eligible list whichever is
applicable.
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b. It is not practical to assign the duties of the vacant position to any other
employee or employees in the same or higher classification.
4. The City Manager or his designee must give written approval of all Temporary
Upgrade Assignments involving an increase in pay for the appointee.
B. Eligibilitv.
I. With the exception of those described in paragraph 3 below, regular, Part Time
Civil Service employees shall receive Temporary Upgrade Assignment Pay if the
following criteria are met:
a. The work assumed encompasses the majority of the typical duties and
responsibilities of the vacated position.
b. Employees must serve ten (10) consecutive working days of eight (8) hours
each, or eight (8) consecutive working days of ten (10) hours each for
employees working an alternative work schedule, in an acting capacity to
qualify for assignment pay. A permitted absence of two (2) days or less
during such ten (10) day period shall not be deemed to void such consecutive
service; however, the days of absence shall not be counted in the
computation of such ten (10) day requirement.
c. In computing qualifying service rendered, only full days of actual duty shall
be included, and partial days shall not be combined to make full days unless
they are normally granted holiday hours. Normally granted holidays will be
included in computing actual duty days.
2. Whenever practicable, the appointing authority shall rotate Temporary Upgrade
Assignments among all qualified employees.
3. Employees in the following categories shall not be assigned to Temporary
Upgrade work unless specifically authorized by the City Manager:
a. Non-permanent employees (Probationary, Part-time, Seasonal, etc.).
b. Employees performing work above their regular class in a training capacity.
c. Part Time Civil Service employees.
C. Pavment.
]. On the eleventh (II th) consecutive working day an employee has been serving in a
Temporary Upgrade Assignment, and for each additional consecutive working
day the employee so serves, he or she shall receive the beginning rate (Step
"AA") assigned to the higher classification or the lowest rate in that range which
is at least ten (10) salary rate ranges (5%) higher than the current base salary rate
he or she normally receives, whichever is greater.
]4
If an employee has worked ten (10) consecutive days during the term of this
Agreement in a higher classification, the employee shall thereafter receive
upgrade pay for each day the employee is assigned to work in the higher
classification during the term of this Agreement. Employees must requalify for
an upgrade (Temporary Assignment) if the employee has not worked in this
specific upgrade assignment for a period of 18 consecutive months. The
employee shall only be considered to work in a higher classification if such work
is duly and specifically authorized by the employee's Department Head.
2. Special pay differentials, such as shift differential, bilingual pay, special skill pay,
etc., being paid to an employee prior to becoming eligible for Temporary Upgrade
Assigrunent Pay, will not be considered in computing the amount of higher pay to
which he or she is entitled in Subparagraph 5.5C above, unless the special
circumstances upon which said additive is based are also applicable to the
Temporary Upgrade Assignment and the employee otherwise meets the criteria
established for such pay differential.
3. Temporary Upgrade Assigrunents which entail moving an employee into a
classification represented by an employee unit other than that which represents his
or her permanent classification shall not include any change in fringe benefits for
the affected employee.
4. While working in a Temporary Upgrade Assignment, an employee will continue
to accrue, and have recorded, general, special or normal salary step increases in
the employee's permanent position; however, such salary increases will be paid
only to maintain the minimum five percent (5%) differential above the salary to
which an employee is entitled in his or her permanent position.
5.6 Assignments - Discretion. All assignments of personnel to positions set forth in Sections
5.1 through 5.5 above shall be made or revoked at the discretion of the Department Head.
5.7 Career Development Incentives. Employees hired in a classification which requires an
International Code Council (ICC), International Conference of Building Officials (ICBO)
or similar nationally recognized certificating organization certificate as a prerequisite to
hiring, either upon appointment or by the time of the employee's passage of probation
("regular appointment"), shall not be eligible for career incentive pay for that prerequisite
certificate. However, he or she shall be eligible for career incentive pay for any other
certificates approved for his or her classification. In no event shall the application of this
Career Development Incentive Program result in an individual being eligible to earn more
than twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then
current base monthly base salary step.
A. An incumbent in one of the classifications listed below will be paid at a rate set
ten (10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step for each of the following: valid registration as a Registered
Engineer by the State of California and valid registration as a Structural Engineer
by the State of California (a total of twenty (20) salary rate ranges (approximately
10%) for possession of both). Additionally, said incumbents who possess a valid
15
certificate issued by the ICC, ICBO, (or similar nationally recognized certificating
organization in the areas of accessibility/usability (one specialty area), or
residential energy plan check or non-residential energy plan check, shall be paid
an incentive pay differential at a rate set above his or her then current base
monthly salary step in accordance with the following schedule: one certificate
from one specialty area: five (5) salary rate ranges (approximately 2.5%); an
additional certificate from a second specialty area (total of two): ten (10) salary
rate ranges (approximately 5%); an additional certificate from a third specialty
area (total of three): fifteen (15) salary rate ranges (approximately 7.5%).
o Assistant Engineer I
o Assistant Engineer II
o Senior Assistant Engineer
o Senior Engineer, Senior Traffic Engineer, or Senior Civil Engineer
o Assistant Engineer - Transportation (T)
o Associate Engineer - Transportation (T)
o Assistant Plan Check Engineer I
o Assistant Plan Check Engineer II
o Associate Plan Check Engineer
o Senior Plan Check Engineer
o Senior Transportation Analyst
B. An incumbent who was employed as of August 16, 1991 in the classifications of
Plan Examiner (T), Assistant Plan Check Engineer I or II, Associate Plan Check
Engineer, Senior Plan Check Engineer and who, as of December 31,1987, had
possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to
be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or
her then current base monthly salary step. However, effective January 1, 1998,
said ten (10) range differential shall be reduced to five (5) salary rate ranges
(approximately 2.5%) for any incumbent of said classifications who is issued his
or her initial certificate on or after January 1, 1988.
C. An incumbent in one of the classifications listed below who possesses a valid
certificate issued by the ICBO, ICC, or similar nationally recognized certificating
organization in the areas of building inspection, electrical inspection, mechanical
inspection, plumbing inspection, combination dwelling inspection, plan
examining, accessibility/usability (one (I) specialty area), residential energy plan
check, or non-residential energy plan check shall be paid an incentive pay
differential at a rate set above his or her then current base monthly salary step in
accordance with the following schedule: one certificate from one specialty area:
five (5) salary rate ranges (approximately 2.5%); an additional certificate from a
second specialty area (total of two): ten (10) salary rate ranges (approximately
5%); an additional certificate from a third specialty area (total of three): fifteen
(15) salary rate ranges (approximately 7.5%); an additional certificate from a
fourth specialty area (total of four): twenty (20) salary rate ranges (approximately
10%); and an additional certificate from the fifth specialty area (total of five):
twenty-five (25) salary rate ranges (approximately 12.5%).
16
o
o
o
o
Building Inspector
Electrical Inspector
Plumbing Inspector
Combination Building Inspector
o
o
o
o
Senior Building Inspector
Senior Electrical Inspector
Senior Plumbing Inspector
Senior Combination Building
Inspector
o
o
o
Building Technician
Plan Examiner (T) 0
Senior Plumbing and Mechanical 0
Systems Specialist
Plan Examiner (T) Electrical
Senior Electrical Systems
Specialist
D. An Incumbent in one the classifications listed below:
o Community Preservation Technician
o Community Preservation Inspector
o Senior Community Preservation Inspector
o Community Preservation Inspector II (T)
o Building Inspector*
o Senior Building Inspector**
who possesses a valid certificate issued by the ICBO, ICe. or similar nationally
recognized certification organization in the areas of building inspection, plumbing
inspection, electrical inspection, combination dwelling inspection, mechanical
inspection, plans examiner, zoning inspection, and property maintenance and
housing inspection; code enforcement officer (comprised of housing and zoning
certificates - these two shall count as one specialty area certificate);**
who possesses a valid certificate issued by the International Association of
Electrical Inspectors (lAEI) in the area of electrical inspection for one and two
family dwellings; additionally, an incumbents who possesses a valid certificate
issued by the ICBO in electrical inspection by June 30, 1998, may substitute this
for electrical inspection certification from IAEI;
who has successfully completed City approved training in PC 832 (the exercise of
powers of arrest and communications), Basic Certification by the Southern
California Association of Code Enforcement Officials (consisting of the five (5)
following courses: Field Activities, Legal Aspects, Administrative, Community
Relations and Community Development);
shall be paid an incentive pay differential at a rate set above his or her then
current base monthly salary step in accordance with the following schedule:
One certificate from one specialty area: five (5) salary rate ranges (approximately
2.5%); an additional certificate from a second specialty area (total of two): ten
(10) salary rate ranges (approximately 5%); an additional certificate from a third
specialty area (total of three): fifteen (15) salary rate ranges (approximately
7.5%); an additional certificate from a fourth specialty area (total of four): twenty
(20) salary rate ranges (approximately 10%); an additional certificate from a fifth
specialty area (total of five): twenty-five (25) salary rate ranges (approximately
12.5%).
17
*
If assigned to Community Preservation, employees in these classes will be
eligible only for those incentives identified in either Section 5.7C
exclusively or Section 5.70 exclusively.
**
Effective July I, 2001, employees who have been receiving compensation
for code enforcement officer (comprised of housing and zoning
certificates) shall continue to receive said compensation.
E. An incumbent in one of the classifications listed below who possesses a valid
certificate issued by the ICBO, ICC, or similar nationally recognized certificating
organization in the areas of reinforced concrete, structural masonry, structural
steel/welding, electrical inspection, plumbing inspection, plans examiner, or cn
landscape contractors license, shall be paid an incentive pay differential at a rate
set above his or her then current base monthly salary step in accordance with the
following schedule: one certificate from one specialty area: five (5) salary rate
ranges (approximately 2.5%); an additional certificate from a second specialty
area (total of two): ten (10) salary rate ranges (approximately 5%); an additional
certificate from a third specialty area (total of three): fifteen (15) salary rate
ranges (approximately 7.5%); an additional certificate from a fourth specialty area
(total of four): twenty (20) salary rate ranges (approximately 10%); and an
additional certificate from a fifth specialty area (total of five): twenty-five (25)
salary rate ranges (approximately 12.5%).
o Construction Inspector I
o Construction Inspector II
F. Any incumbent in the classification of Contracts Administrator who possesses a
valid certificate issued by the ICBO, ICC, or similar nationally recognized
certificating organization in the areas of plumbing inspection, electrical
inspection, plans examiner, cn landscape contractors license, turf grass
management, or certified arborist (ISA), shall be paid an incentive pay differential
at a rate set above his or her then current base monthly salary step in accordance
with the following schedule: one certificate from one specialty area: five (5)
salary rate ranges (approximately 2.5%); an additional certificate from a second
specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an
additional certificate from a third specialty area (total of three): fifteen (15) salary
rate ranges (approximately 7.5%); an additional certificate from a fourth specialty
area (total of four): twenty (20) salary rate ranges (approximately 10%); and an
additional certificate from a fifth specialty area (total of five): twenty-five (25)
salary rate ranges (approximately 12.5%).
G. An incumbent in one of the classifications listed below who possesses a valid
certificate issued by the International Society of Arboriculture (ISA) as a certified
arborist, shall be paid at a rate of set five (5) salary rate ranges (approximately
2.5%) above his or her then current base monthly salary step.
18
o Projects Manager
o Tree Maintenance Supervisor
o Tree Trimmer
o Maintenance Worker II (assigned to the tree crew)
o Public Works Projects Specialist
o Landscape Development Associate
H. An incumbent in the classification of Maintenance Worker II (assigned to the tree
crew), who possesses a valid certificate issued by the International Society of
Arboriculture (ISA) as a certified Tree Worker, shall be paid at a rate of set five
(5) salary rate ranges (approximately 2.5%) above his or her then current base
monthly salary step.
ARTICLE VI
6.0 OVERTIME
6.1 General Policv for Overtime Work. When it shall be determined to be in the public
interest for employees to perform overtime work, or in an emergency situation, the City
Manager, the Department Head, or a duly authorized representative of the City Manager
or the Department Head, may require an employee to perform overtime work.
6.2 Definition. Overtime work is defined as:
A. That authorized or required time worked in excess of eight (8) hours per day
and/or 40 hours per week. A workweek is a fixed and regularly recurring period
of 168 consecutive hours - 7 consecutive 24-hour periods - as designated by the
appointing authority. An employee's work schedule within the workweek shall
not be changed to avoid payment of overtime; provided, however, nothing shall
abridge management's right to establish and change work schedules and
assignments in accordance with the rights of management contained in Article
XX, infra.
B. Work on any regularly scheduled non-work day of which there shall be two (2)
per week, if work on any regularly scheduled non-work day is worked at
management's direction.
6.3 Computation of Fortv (40) Hour Workweek. In computing the forty (40) hour
workweek, the following type of work hours shall be included in the computation: actual
work time, jury/witness leave, sick leave, and holiday leave. If bereavement leave is
subsequently negotiated, said leave would also be included in the computation. Any
combination of these work hours in excess of eight (8) hours per day or forty (40) hours
per week shall entitle the employee to overtime compensation.
However, paid time off for vacation leave, compensatory time off, Union President's
Leave and Union Business Leave shall not be credited towards the forty (40) hour
workweek, unless the employee is required to work by management.
19
6.4 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one-half (I Yz) times the employee's regular rate of pay,
subject to the provisions of Subsection "c" below.
B. Should the Department Head determine that the best interests of the City will be
served thereby, his or her designee may permit an employee to be compensated
for overtime work by taking paid compensatory time off at the rate of one and
one-half (I \'2) times the employee's regular base rate of pay.
C. Employees shall have the option to convert a maximum of eighty (80) hours of
time and one-half (I Yz) paid overtime (in compensation for 53 1/3 overtime hours
worked) to time and one-half (I Yz) compensatory time off benefits. Such
compensatory time off shall be taken at the discretion of the employee subject to
the operational needs and staffing requirements of the department.
D. Time off with pay to compensate for overtime worked may be accumulated to a
maximum of eighty (80) hours.
E. Because each hour of overtime worked is programmatically accrued on a time and
one-half (1 Yz) basis, compensatory time off will be taken, and monetary payment
will be paid, on a straight-time basis. Also, upon termination, any earned, unused
compensatory time off ("time-on-the-books") will be paid on a straight-time
basis.
F. Time off with pay to compensate for overtime worked may be taken in increments
as small as a half (\'2) hour.
G. If compensatory time off is used in excess of that available, such excess
compensatory time off will be deducted from the next scheduled wage or salary
payment.
H. Time off with pay as compensation for overtime may not be granted or taken in
advance of the overtime work for which the time off compensates. Before
compensatory time off with pay may be taken, as herein provided, the overtime
worked must have been recorded on official payroll records at or about the time
the overtime work was performed. In the absence of such recording, no
compensatory time off with pay will be permitted.
I. Upon an employee's appointment to a position in which overtime may not be
earned or upon an employee's separation from employment with the City by
resignation, retirement, layoff or otherwise, he or she shall forthwith be
compensated for any overtime accumulated to the time immediately preceding
such promotion or separation.
6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee
benefits (retirement, vacation, and sick leave accrual), toward the completion of
probationary period or to progression within a salary rate range.
20
6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so,
the Department Head or his or her designee shall arrange work programs to minimize
overtime work. Necessary overtime work shall be apportioned among employees of like
classification and assignment.
6.7 Call-Back Dutv. Any employee covered by this Agreement who is recalled to active duty
from off-duty, shall be entitled to overtime pay at the rate of one and one-half (1 'li) times
the normal hourly pay rate for such employee for time actually worked after reporting to
the place of duty, or three (3) hours pay at the normal rate of pay, whichever is greater.
6.8 Declaration of State of Emergencv. Upon the occurrence of fire, flood, earthquake,
strike, riot or other catastrophe or emergency which directly affects City operations or the
welfare of the City's citizens, the City Manager may declare a state of emergency to
exist. Upon the declaration of a state of emergency, the City Manager may require any or
all Part Time Civil Service employees of the City to work overtime or off-shift as he or
she shall determine to protect life and property within the City.
6.9 Applicabilitv of Fair Labor Standards Act. The parties agree that if the applicability of
the Fair Labor Standards Act to local governmental entities is eliminated by either
legislative or judicial action, they shall meet and confer regarding any proposed changes
to this Agreement; however, no such changes shall be made except on mutual agreement.
ARTICLE VII
7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
(NOT APPLICABLE)
ARTICLE VIII
8.0 HOLIDAYS
8.1 Legal holidays observed by Part Time Civil Service permanent and probationary
employees ofthe City of Santa Ana are as follows:
o January 1- New Year's Day.
o Third (3'd) Monday in January - In observance of Martin Luther King, Jr.'s Birthday.
o Third (3'd) Monday in February - In memory of Presidents' Day.
o Last Monday in May - In commemoration of Memorial Day.
o July 4th - In observance of Independence Day.
o First (1 st) Monday in September - In observance of Labor Day.
2]
o November 11th - In observance of Veteran's Day.
o Fourth (4th) Thursday in November - In observance of Thanksgiving Day.
o The Friday immediately following Thanksgiving Day.
o Last working day before Christmas Day, nnless Christmas Day falls on Thursday, in
which instance, the day following Christmas Day shall be observed in lieu thereof.
o December 25th - In observance of Christmas Day.
o One (I) Floating Holiday - Any workday selected by the employee with pnor
permission of the employee's supervisor.
o Every day proclaimed by the Mayor of the City as a holiday for City employees.
o Any holiday which falls on a Snnday will be observed on the following Monday.
o Any holiday which falls on a Saturday will be observed on the Friday preceding the
holiday.
8.2 Each Part Time Civil Service employee shall be entitled to receive pay for four (4) hours
for each of the holidays specified in 8.1 above. This shall equate to a total of 48 hours
per calendar year.
8.3 A newly appointed employee must actually work at least one (I) day preceding the day a
holiday listed in Section 8.1, supra, actually occurs in order to receive credit for such
holiday during the month in which it occurs.
An employee separating trom the service of the City must actually work at least one (1)
day following the day a holiday listed in Section 8.1, supra, actually occurs in order to
receive compensation for the holiday.
A newly appointed employee must complete six (6) months of continuous Part Time
Civil Service in order to receive credit for the Floating Holiday listed in Section 8.1
above.
8.4 Holiday benefits may not be carried over from one (I) calendar year to the next.
ARTICLE IX
9.0 V ACA TION
9.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide
them with a break in their regular work schedule and this purpose will be used as a guide
in the administration of the provisions of this Article.
22
9.2 Administration.
A. Effective July I, 2005, the City and Union agree to increase each Part Time Civil
Service employee's annual vacation accrual from 30 hours to 72 hours. In order
to effectuate this increase for the 2005-06 fiscal year, effective with the paycheck
of June 20, 2006, each Part Time Civil Service employee shall be credited with an
additional 42 hours vacation leave. Beginning July I, 2006 and each month
thereafter, each employee shall earn six (6) hours per month of vacation, for a
total maximum accrual of 72 hours per year.
B. A Part Time Civil Service employee who has completed less than one year's
service during the calendar year shall receive a proportionate fraction in
accordance with the amount of service to his or her credit during the year;
provided, however, no Part Time Civil Service employee shall be entitled to or
receive payment for any vacation until he or she has completed six (6) months of
continuous service.
C. On or after the first (I") day of the month following completion of six (6) months
of continuous Part Time Civil Service, an employee may be allowed to take all, or
a proportionate fraction of, his or her earned vacation, subject to scheduling
approval ofthe employee's supervisor.
D. Limit: The maximum total accumulation of vacation leave with pay shall be two
hundred (200) hours. Vacation time off may be taken in increments as small as
one-half (Yz) hour with fractional usage rounded upward to the next higher
multiple of one-half (Yz).
E. Computation of Regular Vacation.
1. Should an employee be confined to a hospital for sickness or injury while
on authorized vacation, each full day of such confinement, when
confirmed by a physician's statement and approval of the Department
Head, may be deducted from the computation of vacation expended and
charged against the employee's accumulated sick leave.
2. No employee shall have the right to accumulate or split his or her
vacation, but the same may be allowed or required by the Department
Head. The time at which an employee shall take his or her vacation shall
be determined by the Department Head, with due regard for the wishes of
the employee and particular regard for operational needs.
9.3 Excess Usage. If vacation time off is used in excess of that available, such excess
vacation time off will, first, be deducted from any available compensatory time off
accrual; finally, deducted from the next scheduled salary payment.
9.4 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period
in excess of fifteen (15) consecutive calendar days shall not be considered as service time
for regular vacation accrual purposes.
23
ARTICLE X
10.0 OTHER LEAVES OF ABSENCE
10.1 Sick Leave.
A. Definition. Except as otherwise provided below, sick leave shall be deemed to
mean absence from duty of an employee because of illness, injury, medical, or
dental appointment that prevents the employee from performing the duties of his
or her position, and shall be deemed to include time in quarantine resulting from
exposure to a contagious disease.
B. Administration. Effective July I, 2005, the City and Union agree to increase each
Part Time Civil Service employee's annual sick leave accrual from 30 hours to 72
hours. In order to effectuate this increase for the 2005-06 fiscal year, effective
with the paycheck of June 20, 2006, each Part Time Civil Service employee shall
be credited with an additional 42 hours sick leave. Beginning July 1,2006 and
each month thereafter, each employee shall earn six (6) hours per month of sick
leave, for a total maximum annual accrual of 72 hours per year.
C. Authorized Onlv When Necessarv. Use of sick leave by City employees shall be
authorized as follows:
I. Sick leave is not a right which an employee may use at his or her
discretion, but shall be allowed only in cases of actual sickness and
disability, or necessity, as authorized in Subsection J below.
D. Limit. The total maximum accumulation of sick leave with pay shall be 200
hours. Sick leave usage of less than a full day shall be charged in minimum
increments of one-half (Yz) hour, with fractional usage rounded upward to the next
higher multiple of one-half (Yo,).
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) month period. Prior to the expiration of the additional time, the
employee may return to his or her position provided that the employee has a
certificate from one of the above mentioned physicians stating 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 bv Use of Accrued Compensatorv Time Off. After an employee's sick
leave has been exhausted, he or she may be granted permission to use any unused
compensatory time off benefits or unused vacation leave.
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
24
scheduled to report for duty, or as otherwise established by departmental
regulations. When the absence is more than three (3) consecutive working days,
the employee must present to his or her Department Head a physician's certificate
stating that, in the physician's opinion, the employee could not report to work
because of such illness or injury and that the employee is sufficiently recovered to
safely return to work. Such certificate shall be transmitted to the Executive
Director of Personnel Services with the report of the employee's return to work.
A physician's certificate or other satisfactory written evidence of actual illness or
injury may be required after an absence of any duration less than three (3) days.
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.
T. 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, deducted from vacation leave; third, from
the next scheduled salary payment.
J. Necessitv Leave. Each employee shall be afforded the opportunity to use up to 36
hours of sick leave per calendar year, on a non-cumulative basis, as personal
necessity leave. All of this personal necessity leave may be used to attend to an
illness of a child, parent, or spouse of the employee. As used in this section,
"child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a
child of a person standing in loco parentis; "parent" means a biological, foster,
adoptive parent, a stepparent, or a legal guardian; and "immediate family" means
any member of the employee's household related by blood or marriage; a parent,
parent-in-law, spouse, child, brother, sister, grandparent, or grandchild of the
employee, regardless of residence; any other relative of the employee by blood or
marriage, where it can be established by the employee that the employee's
presence is required to handle emergency arrangements and/or other matters.
This 36 hours of personal necessity leave also may be used: a) to attend to a
serious accident to a member of the employee's immediate family; b) childbirth;
c) to cope with imminent danger to the employee's family, home, or other
valuable property; or d) when the existence of external circumstances beyond the
employee's control make it impossible for him or her to report for duty.
10.2 Militarv Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave
if he or she furnishes the Executive Director of Personnel Services satisfactory
proof of his or her order to report for duty. Upon return and upon showing of
proof of actual service pursuant to such orders, he or she will be reinstated as
provided by law.
2S
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 the hourly equivalent of one (I)
year's service with the City upon presenting satisfactory proof of orders to and
from such temporary active duties.
10.3 Jurv and Witness Leave. When an on-duty employee is called to serve as a juror or non-
party witness in any court action, he or she shall be allowed to leave for the time actually
required for such service, not to exceed six (6) hours per day, without loss of pay. Each
on-duty employee called for such service shall present to his or her Department Head for
examination the subpoena calling him or her to such service and shall pay into the City
Treasury the fees collected for such service, with the exception of reimbursement for
transportation expenses, if any.
10.4 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.
10.5 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 or herself makes an explanation
satisfactory to the Department Head regarding the cause of his or her absence, the
Department Head may restore him or her to his or her position, with the City Manager's
approval.
10.6 Authorized Absence Without Pav - Short Term. Absence without pay not to exceed five
(5) consecutive working days, may be authorized by the Department Head. Absence
without pay not to exceed fifteen (15) calendar days may be authorized by the
Department Head with the approval of the City Manager. Such an absence may be
authorized only if in the judgment of the Department Head it serves the best interest of
the City.
10.7 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from
an employee having permanent status, plus action by the Department Head
recommending approval of the request, the City Manager may grant a leave of absence
without pay for up to six (6) months.
In addition to the above, the City Manager may grant a further extension not to exceed a
total of one (I) year leave of absence without pay.
An employee returning to duty with the City shall inform the Department Head and the
Executive Director of Personnel Services of his or her intention at least thirty (30)
calendar days prior to the expiration of the six (6) month period, or shorter period if the
full six (6) months is not taken. Upon receipt of such notice, the Department Head will
take steps necessary to restore the employee to his or her former position.
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10.8 Pregnancv Disabilitv Leave. A pregnant employee is entitled to a reasonable leave of
absence without pay for any temporary disability resulting from pregnancy, miscarriage,
childbirth or recovery there from. Such reasonable leave of absence shall not exceed four
(4) months. However, an employee may be granted up to an additional two (2) months of
leave, at the discretion of the City Manager, for a total of up to six (6) months in which to
recover from the disability if substantiated by a physician's certificate.
Employees may take an unpaid leave of absence during pregnancy disability consistent
with the law. As with all other temporary disabilities, a physician's certificate is required
to verify the extent and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give a reasonable notice (not less
than four (4 ) weeks) before the date she will take the leave and the estimated duration of
the leave. Health and welfare insurance coverage will be continued only if the employee
continues to pay a cash premium to continue coverage while on a leave of absence
without pay.
10.9 Familv Medical Leave Act. The City shall comply with all applicable provisions of the
Family Medical Leave Act (FMLA).
ARTICLE XI
11.0 EMPLOYEE INSURANCE
11.1 Health Insurance. Part Time Civil Service employees shall be eligible to participate in
the City's medical, dental and vision insurance programs only. Effective July 1, 2006,
the City shall contribute $100 per month per employee toward the payment of premiums
for medical and dental insurance coverage for employees currently enrolled in the City's
insurance program.
ARTICLE XII
12.0 RETIREMENT
12.1 General. The terms of the existing contract between the City and the California Public
Employees' Retirement System (CalPERS) governing City retirement benefits for
affected employees are incorporated by reference herein.
Each Part Time Civil Service employee shall be a member of the CalPERS system and
shall continue to make payment to CalPERS in an amount necessary to pay one hundred
percent (100%) of his or her individual retirement contribution which is equal to seven
percent (7%) of his/her PERSable salary. Such payments shall be credited to the
individual employee's CalPERS account.
12.2 2% At 55 Retirement Benefit. Effective July I, 1997, the City agreed to pay 2.266% of
the cost of providing CalPERS 2% at 55 retirement benefit to employees of this unit.
Employees agreed to pay one percent (I %) of the total cost of 3.266% for the 2% at 55
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retirement benefit by authorizing a one percent (I %) deduction from their salary (two (2)
salary rate ranges) effective July I, 1997. Effective November 1, 2001, this one percent
(1 %) deduction was eliminated.
ARTICLE XIII
13.0 TOOL REIMBURSEMENT POLICY
13.1 Employees classified as Fleet Equipment Technician I, II, or 1II, or Fleet Equipment
Supervisor shall continue to provide such tools as are ordinarily used in the trade which
shall be the personal tools of the mechanic. The City will continue with one (1) or more
vendors an account(s) for said employees who have at least one (1) year of service in
such classifications. Such employees shall be allowed up to $900 per fiscal year with
such vendor(s) in order to purchase tools which, in the sole determination of the Fleet
Services Manager, are necessary for the performance of such employee's job duties. The
City's policy and procedure for the replacement of stolen tools shall be the same as it
existed prior to the effective date of this Agreement. The City shall bear no liability or
responsibility for such tools except as provided in this Section.
ARTICLE XIV
14.0 UNIFORM MAINTENANCE
14.1 All employees who are required by the City to wear a uniform while on duty shall
continue to be provided seven (7) sets of clean uniforms every two (2) weeks at no cost to
the employees. All field/yard maintenance, custodial and equipment repair employees
shall be provided eleven (11) clean sets every two (2) weeks at no cost to the employee.
All Police Records Personnel and the Senior Office Assistants assigned to the traffic
window shall be provided three (3) sets of uniforms made of dacron and one (I) wool
sweater. The Union agrees that any such employee who wishes to be provided with one
(I) or more additional clean sets per week above the amounts specified above will be
required to pay the extra cost incurred for such additional set(s).
ARTICLE XV
15.0 SAFETY
15.1 General. The City and the employees of the City agree to comply with all applicable
Federal, State and local laws and the City of Santa Ana regulations, which relate to health
and safety.
15.2 Central Safetv Committee. Part Time Civil Service employees are eligible to serve on
the City's Central Safety Committee. However, in no case shall the total number of
SEIU members (both Full Time and Part Time Civil Service) exceed two (2)
representatives and two (2) alternates.
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15.3 Safety Shoes.
A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per
affected employee, for the purchase and/or repair of approved safety shoes/boots.
The option of purchase and/or repair shall be at the sole discretion of the
employee.
B. All safety shoes/boots purchased under this program must have steel reinforced
toes and insteps and bear the official stamp of approval from the American
National Standards Institute (ANSI), z-41.
C. If a particular class of employment is designated as requiring its incumbents to
wear safety shoes, then it will be mandatory for all incumbents of that class to
wear the type of safety shoe (boot or low-quarter) deemed to be appropriate by the
Department Head. (Some exemptions may be allowed, on a case-by-case basis,
depending on the type and amount of exposure to hazard in particular positions
and subject to the approval or disapproval of the City's Safety Officer).
D. The procedure necessary to be followed for the implementation and operation of
this program shall be in accordance with the existing policies and procedures as
previously established by the City.
ARTICLE XVI
16.0 RESIDENCY
16.1 Employees covered by this Agreement are permitted to reside outside the limits of Santa
Ana so long as such residency is not an unreasonable distance from, nor requires an
unreasonable response time to, the particular employee's place of employment. It shall
not be deemed an unreasonable distance within the meaning of this section if the
employee resides within the area of a circle drawn with the City Hall of the City of Santa
Ana as the center and the radius of which extends to the southern most point of the
County of Orange.
A. Any employee desiring to take advantage of the opportunity to reside outside of
the area stated within this section shall first request permission to do so from the
Department Head. Said request shall be granted by the Department Head if he or
she determines the intended residence is not an unreasonable distance from and/or
does not require an unreasonable response time to the employee's place of
employment.
B. If the Department Head refuses the said request, the employee shall have a right
to appeal said determination to the City Manager.
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ARTICLE XVII
17 .0 GRIEVANCE REVIEW PROCEDURE
17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an
employee or group of employees or the Union concerning the interpretation or
application of specific provisions of this Agreement, or of the rules and regulations
governing personnel practices or working conditions of the City, except, however, those
matters specifically assigned to the jurisdiction of the City Personnel Board by those
provisions of the City Charter and the Civil Service Rules and Regulations.
17.2 Informal Process - First Step
A. An employee and/or his or her designated representative must first attempt to
resolve the grievance on an informal basis through discussion with his or her
immediate supervisor without undue delay, but in no case, beyond a period of
fifteen (15) working days after the occurrence 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 fifteen (15) working days, a mutually
acceptable solution has not been reached at the informal level, the employee
and/or the employee's designated representative shall then set forth the grievance
in writing, indicate the nature of the action desired, sign it, and submit it in
duplicate to the employee's Department Head. At this point, the grievance review
process becomes formal. Should the grievant fail to file a written grievance, and
in the manner specified above, within fifteen (15) working days after first
discussing the grievance with the employee's immediate supervisor, the grievance
shall be barred and waived.
D. Any resolution of the grievance at the informal stage by any person other than a
middle manager or above shall not become precedence or be used to establish past
practice regarding implementation, interpretation, or application of this
Agreement.
17.3 Formal Process.
A. Second Step. The Department Head or his or her designated representative shall
meet with the employee and/or the employee's designated representative within
fifteen (15) working days after the grievance has been submitted to the
Department Head. The Department Head, or his or her designated representative,
shall review the grievance and may affirm, reverse or modify the disposition
made at the First Step and shall deliver his or her answer to the employee and/or
the employee's designated representative within ten (10) working days after said
meeting.
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B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the
employee and/or the employee's representative may submit the grievance in
writing to the City Manager or his or her designated representative within thirty
(30) days of being informed of the disposition made at the Second Step. Failure
of the grievant and/or his or her designated representative to take this action will
constitute a waiver and bar to the grievance, and the grievance will be considered
settled on the basis of the disposition made at the Second Step.
The City Manager or his or her designated representative shall meet with the
employee and/or the employee's designated representative within fifteen (15)
working days after submission of the grievance. The City Manager, or his or her
designated representative, after careful review, may affirm, reverse, or modify the
disposition made at the Second Step and his or her decision, which shall be final
and binding, shall be delivered in writing, to the employee and/or the employee's
designated representative within fifteen (15) working days after said meeting.
A copy of the written grievance to the City Manager, or his or her duly authorized
representative, and of the City Manager's or his or her representative's written
decision, shall be filed in the personnel records of the department and the
grievant's personnel jacket maintained in the City Personnel Services Department.
17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted,
the grievant, the Union, and the City shall have all rights and remedies to pursue said
grievance under the law.
ARTICLE XVIII
18.0 UNION RIGHTS
18.1 Release Time for Union Grievance Representatives. The Union shall have the right to
appoint/elect a reasonable number of representatives who are recognized by the City as
officers or worksite leaders/stewards.
A. Such reasonable number of worksite leaders/stewards recognized by the City and
specified within the Full Time SEIU MOU shall be increased by one (1) for the
Part Time Civil Service category of employment, to a total of 16.
B. The City's Employee Relations Manager shall be provided with a list of names
and classification titles of the Union's officers as set forth in the Santa Ana City
Employees, Chapter 1939/Service Employees International Union Local 347
Bylaws, as well as the names and classification titles of all worksite
leaders/stewards and other Union representatives. The Union agrees to inform the
City in writing of any changes in said list within ten (10) calendar days.
C. During the term of this Agreement, the City agrees to grant up to a total of two
hundred (200) hours per fiscal year on a non-cumulative basis to enable the
officers and worksite leaders/stewards to assist other bargaining unit employees in
processing grievances under the Grievance Review Procedure; provided,
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however, that such officers and worksite leaders/stewards shall make advance
arrangements with their supervisors prior to absenting themselves for such
purpose. The officers and worksite leaders/stewards shall be required by the City
to record and report to their supervisors the work time spent in assisting other
bargaining unit employees pursuant to this provision of the Agreement.
D. Union Business Leave Time. In addition to the two hundred (200) hours per
fiscal year provided by the City on a non-cumulative basis, officers and worksite
leaders/stewards shall be granted an additional three hundred (300) hours per
fiscal year on a non-cumulative basis paid by the Union from the bank of hours or
directly by the Union. The purpose of this additional three hundred (300) hours
per fiscal year shall be to enable the officers and worksite leaders/stewards to
assist the bargaining unit employees in processing grievances under the Grievance
Review Procedure and for union activities which may include conventions,
seminars and meetings. However, such officers and worksite leaders/stewards
shall make arrangements with their supervisors prior to absenting themselves for
such purposes. The officers and worksite leaders/stewards shall be required by
the City to record and report to their supervisors on the worktime spent on Union
business.
Time spent by officers or worksite leaders/stewards on Union Business leave
time, under this Letter of Agreement, shall not be considered time worked for
computation of overtime according to the Fair Labor Standards Act.
E. If, at some point in the future, the President for the SEIU bargaining unit is
elected from the Part Time Civil Service category of employment, then all rights
and privileges pertaining to President's leave shall apply.
18.2 Worksite Access.
A. Officers, worksite leaders/stewards and/or paid Union representatives shall be
permitted to visit break and lunch areas designated by the City, before or after
work or during designated lunch periods for the purpose of discussing Union
business, provided that arrangements are made in advance with the manager
responsible for the worksite.
B. Such visits shall not disrupt the work of City employees, interfere with the normal
operations of the department or with established safety and security requirements.
Where any such problems arise, the Union and the City will agree on an alternate
meeting/conference facility for the purpose of providing a place for the Union to
hold a meeting before or after work or during lunch periods. If the City facility
provided the Union as an alternate meeting site during non-working hours is a
public meeting room, its scheduling and use shall be governed in accordance with
regulations pertaining to the use of public meeting rooms at City facilities.
C. Solicitations of membership and all activities concerned with the internal
management of the Union, such as collecting dues, holding membership meetings,
preparation of petitions, preparation of proposals, campaigning for office,
conducting elections and distributing literature, shall not be conducted during
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working hours.
D. Officers and employees may perform those duties assigned to them by the Union,
but in no event shall they have the right to interfere with the performance of work
of any other employee or interfere with City operations or to call a strike,
slowdown, work stoppage, sympathy strike or take any economic action against
the City.
18.3 Release Time for Emplovee Representatives.
A. In the event that the Union is formally meeting and conferring with
representatives of the City on matters within the scope of representation during
regular City business hours, a reasonable number of officers, employee
representatives or other officials of the Union shall be allowed reasonable time off
without loss of compensation or other benefits.
B. Such officers and employee representatives shall not leave their duty or work
station or assignment without the prior knowledge of their supervisor or such
supervisor's supervisor.
C. Such meetings are subject to scheduling in a manner consistent with City
operating needs and work schedules.
18.4 Use of Bulletin Boards. Space shall be made available to the Union on the City's
existing employee bulletin boards for the purpose of posting notices pertaining to Union
business, subject to the following conditions:
A. Materials posted by the Union shall not include campaign material on municipal
election matters, including elections for City Council, other City positions, or
other municipal political matters.
B. Material posted shall not be derogatory to the City, City employees or other
employee organizations.
C. All materials shall be dated, identify the Union and bear the signature of the
authorized representative(s) of the Union responsible for their issuance.
D. The City reserves the right to determine what reasonable portion of employee
bulletin boards are to be allocated to Union materials.
E. If the Union does not abide by these provisions, it will forfeit its right to have
materials posted on the City's employee bulletin boards.
F. The Union shall not be permitted to post any material that is prohibited by State
law or the City Charter.
18.5 Use of City Facilities. The City shall allow the Union to conduct meetings in the City's
public meeting rooms during non-working hours provided such meetings are scheduled in
accordance with regulations governing the use of public meeting rooms at City facilities;
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provided, however, the Union shall not be permitted to use City facilities to discuss or
present any matter that is prohibited by State law or the City Charter.
ARTICLE XIX
19.0 DUES DEDUCTION & INDEMNIFICATION
19.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all
employees recognized to be represented by the Union, who voluntarily authorize such
deduction, in writing, on a form to be provided for this purpose by the City. The City
shall remit such funds to the Union within thirty (30) calendar days following their
deduction.
19.2 Agencv Shop.
A. All employees represented by the Santa Ana City Employees,
Chapter I 939/Service Employees International Union Local 347, AFL-CIO, shall,
as a condition of continuing employment become and remain members of the
Union or shall pay to the Union a service fee in lieu thereof. Such service fee
shall be one dollar ($1) per pay period less than Union dues if legally authorized.
B. Any employee hired by the City subject to this Memorandum of Understanding
shall be provided, through the Personnel Services Department, with an
authorization form for the deduction of Union dues. Said employee shall have
thirty (30) working days following the initial date of employment to fully execute
the authorization form of his or her choice and return said form to the
Agency/Department payroll section.
The effective date of Union dues, service deductions or charitable contribution for
such employees shall be the beginning of the first pay period of employment.
C. Any employee of the City subject to this Memorandum of Understanding who
wishes to execute a written declaration claiming a religious exemption from
paying Union dues, and who is a member of a bona fide religion, body or sect
which has historically held conscientious objections to joining or financially
supporting a public employee organization and which is recognized as such by the
Public Employer Relations Board, shall, upon presentation of verification of
active membership in such religion, body or sect be permitted to make a
charitable contribution equal to the service fee in lieu of Union membership or
service fee payment. Declarations or applications for religious exemption and any
supporting documentation shall be forwarded to the Union within fifteen (15)
calendar days of receipt by the City. The Union shall have fifteen (15) calendar
days after receipt of a request for religious exemption to challenge any exemption
granted by the City Manager or his or her designee. If challenged, the deduction
to the charity of the employee's choice shall commence but shall be held in
escrow pending resolution of the challenge. Charitable contributions shall be by
regular payroll deduction only. For purposes of this section, charitable deduction
means a contribution to one of three non-profit organizations, with the United
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Way being one of them.
The Santa Ana City Employees, Chapter 1939/Service Employees International
Union Local 347, AFL-CIO, shall indemnify and hold the City, its officers and
employees, harmless from any and all claims, demands, suits, or any other action
arising from the Agency Shop provisions herein. In no event shall the City be
required to pay from its own funds, Union dues, service fee or charitable
contributions, which the employee was obligated to pay, but failed to pay,
regardless of the reasons.
ARTICLE XX
20.0 CITY RIGHTS
20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of
management which have not been expressly abridged by specific provision of this
Agreement or by law to manage the City, as such rights existed prior to the execution of
this Agreement. The sole and exclusive rights of Management, as they are not abridged
by this Agreement or by law, shall include but not be limited to the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or nonexistence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to
be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size
of the workforce by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions,
including but not limited to the right to contract for or subcontract any work or
operation of the City.
1. 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.
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J. To relieve employees from duties for lack of work or similar non-disciplinary
reason, subject to the provisions of the City Charter, Municipal Code, Federal and
State law and this Agreement.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper
cause in accordance with the provisions set forth in the City Charter and Santa
Ana Municipal Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Agreement.
O. To determine policies, procedures, and standards for selection, training and
promotion of employees.
P. To establish employee performance standards including but not limited to quality
and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
20.2 Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the contemplated exercise of
Management's rights shall impact on a significant number of employees of the bargaining
unit, the City agrees to meet and confer in good faith with representatives of the Union
regarding the impact of the contemplated exercise of such rights prior to exercising such
rights, unless the matter of the exercise of such rights is provided for in this Agreement.
ARTICLE XXI
21.0 STRIKES & WORK STOPPAGES
21.1 Prohibited Conduct.
A. The Union, its officers, agents, representatives, and/or members agree that during
the term of this Agreement, they will not cause or condone any unlawful strike,
walkout, slowdown, sick-out, or any other unlawful job action by withholding or
refusing to perform services.
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B. Any employee who participates in any conduct prohibited in Subsection A above
shall be subject to suspension, demotion or dismissal by the appointing authority
without right of appeal to the Personnel Board in accordance with City Charter
Section 1014.
21.2 Union Responsibilitv. In the event that the Union, its officers, agents, representatives, or
members engage in any of the conduct prohibited in Section 1, Subsection A above of
this Article, the Union shall immediately instruct any persons engaging in such conduct
that their conduct is in violation of this Agreement and unlawful, and they must
immediately cease engaging in the conduct prohibited in said Section 1, Subsection A
above, and return to work.
ARTICLE XXII
22.0 LAYOFFS
22.1 The City agrees to inform the Union as soon as possible if and when a decision is made to
reduce positions represented by the Union through layoff.
If it is decided to contract out work, the City shall provide the Union reasonable notice of
the decision; meet and confer with the Union over the impact of the decision; will
seriously consider reasonable alternatives provided by the Union; and if any bargaining
unit member is laid off as a result of the decision, the City shall make a reasonable effort
to place said employee with the contracting company.
22.2 In the event of a reduction-in-force, part time employees in any City office, activity or
department shall be laid off prior to laying off Part Time Civil Service Employees as
above defined. Wherever possible, Part Time Civil Service Employees in the
classification shall be laid off prior to Full Time employees in the same classification.
22.3 The principles of seniority (length of service) shall govern layoffs as described herein,
except in the event that more than one (1) employee has the same seniority date, in which
case performance also shall be considered. The City's determination of performance
shall not be arbitrary or capricious in nature. Any dispute over the application of the
principles outlined in this Article XXII shall be subject to the grievance procedure.
A. Classification seniority is defined as length of service in the classification, and
shall begin on the first date worked by the employee in that classification.
Whenever a position within a classification is to be eliminated, resulting in the
layoff of an employee, seniority shall govern the order of layoff. The employee
with the lowest seniority in the affected classification shall be laid off first.
B. In lieu of layoff, an employee may elect to work in a lower classification, in
which he has served, providing that classification is within the same job
family/career ladder. In that event, the employee's length of service in the next
lower classification will be added to his length of service in the affected
classification, and said combined seniority shall be used to bump down into the
next lower classification. This method of combining seniority shall be applied to
subsequent lower classifications.
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C. The reemployment list shall be valid for one (1) year from the date of its
establishment. Reemployment shall be in reverse order of layoffs. The Joint
Labor Management Committee will determine Job Family/Career Ladder.
22.4 A bargaining unit employee who is laid off from Part Time Civil Service employment
pursuant to this Article, may be granted a temporary appointment to a vacant Part Time
Civil Service position in any classification for which there is no eligible list and for
which said employee meets the minimum qualifications established for the classification
and possesses the requisite knowledge, skills and abilities to satisfactorily perform the
work of the classification. Such temporary appointment will be terminated upon the
establishment of a new eligible list for the classification or on the one hundred eightieth
(l80th) day following the initial day of such temporary appointment, whichever occurs
first.
ARTICLE XXIII
23.0 MISCELLANEOUS PROVISIONS
23.1 The City agrees to provide a list each month to the Union with names and class titles of
bargaining unit employees who have separated from City service, and the names and
class titles of bargaining unit employees who have been hired. The Union agrees to pay
the City's cost of producing said list(s). A complete list of bargaining unit employees
and their addresses will be provided to the Union once every fiscal year.
23.2 The City agrees to distribute Union membership pamphlets to bargaining unit employees
at the new employee orientation sessions conducted by the City.
23.3 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of a catastrophic medical condition or
injury, the City and Union agree to implement a Catastrophic Leave Donation Program.
Nothing herein shall be construed to alter City policies and procedures as provided in the
Charter or ordinances of the City of Santa Ana or other provisions of this Agreement with
regard to granting unpaid leaves of absence.
The Catastrophic Leave benefit will be provided for non-industrial injury or sickness
only, prior to utilizing vacation or comp time.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
1. Employees may donate vacation or compensatory time to the eligible
employee. In no event shall sick leave be donated.
2. Employees shall be provided a two week period to submit donations.
Donations received after this two week period shall not be processed. The
two week period for each case shall be designated by the Department
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Head or his or her designee as provided herein below.
3. 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 (2) hour
increments.
4. Any authorization of donations not made in accordance with the
procedures outlined in Section C, Subparagraph 2 below, will not be
processed.
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave.
7. Donations shall be limited to employees of this bargaining unit or any
other unrepresented unit.
B. Eligibilitv. Part Time Civil Service employees shall be eligible for Catastrophic
Leave Donations ifthe following criteria are met:
I. When it is reasonably foreseeable that all accrued time on the books, such
as sick leave, compensatory time, and vacation will be exhausted and the
employee's illness will continue past the time when the employee will be
on paid status.
2. The employee's Department Head, or his or her designee, has approved a
written request for donations accompanied by a medical statement from
the employee's attending physician. The attending physician's statement
must verify the employee's need for an extended medical leave and an
estimate ofthe time the employee will be unable to work.
C. Procedure.
I. Upon receipt of a valid request for donations from an eligible employee,
the Department Head or his or her designee shall post a notice of the
eligible employee's need for donations on bulletin boards accessible to
employees. No confidential medical information shall be included in the
posted notice.
2. Employees wishing to donate time to an eligible employee must sign his
or her authorization of the transfer of such donated time and provide:
a. His or her name, department name, and employee number;
b. The number of hours of compensatory or vacation time of the
donation within the limitations of Section A, subparagraph 3
above;
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c. The name, department and employee number of the recipient;
d. A statement indicating that the donor understands such donation of
time is irrevocable.
3. At the close of the two (2) week donation period, the department shall
verify that each donating employee has accrued vacation and/or
compensatory time balances sufficient to cover the designated donation.
4. The department shall submit all approved donation authorizations for an
eligible employee at one time for processing. No donation authorizations
for the eligible employee will be processed after this period. However,
employees who receive donations under this procedure and who exhaust
all donated hours may request an additional donation period subject to the
provisions of Section A, herein.
5. The City shall add the donated time to the recipient's sick leave account.
In no event shall the total time credited to an employee's sick leave
balance exceed 200 hours, pursuant to Article X, Section 10.l.D.
23.4 Full Time Eligible Lists. Part Time Civil Service employees, upon their written request,
shall be placed on the Full Time transfer eligible list for the classification in which they
are employed. Certification from that list shall be in accordance with all existing Civil
Service rules.
ARTICLE XXIV
24.0 SOLE & ENTIRE AGREEMENT
24.1 It is understood and agreed that the parties to this Memorandum of Understanding are
subject to all current and future applicable Federal and California laws, the City of Santa
Ana Charter and Municipal Code, as well as the City's Employer-Employee Relations
Resolution (#81-75). It is the intent of the parties hereto that the provisions of this
Agreement shall supersede all prior agreements and memoranda of agreement, or
memoranda of understanding, or contrary salary and/or personnel rules and regulations or
administrative codes, provisions of the City, oral or written, express or implied between
the parties, and shall govern the entire relationship and shall be the sole source of any and
all rights which may be asserted hereunder. This Agreement is not intended to conflict
with Federal or State law or the City Charter.
The City will continue to provide employees covered by this Agreement a reduced size
copy of this Agreement and its attachments and including a section containing the
Employer-Employee Relations Resolution of the City of Santa Ana.
40
24.2 Notwithstanding the foregoing, there exists within the City personnel rules and
regulations and departmental rules and regulations. These rules and regulations shall be
continued to the extent they do not contravene specific provisions of this Agreement.
Such rules and regulations may, from time to time, be changed by the City. If these
changes affect wages, hours, and/or other terms and conditions of employment, the City
shall meet and confer with the Union; provided, further, however, no provision of the
rules and regulations shall be changed to contravene specific provisions of this
Agreement.
ARTICLE XXV
25.0 WANER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
25.1 During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours and terms and conditions of
employment, whether or not covered by the Agreement or in the negotiations leading
thereto, and irrespective of whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the negotiations leading to this
Agreement. Regardless of the waiver contained in this Article, the parties may, however,
by mutual agreement, in writing, agree to meet and confer about any matter during the
term of this Agreement.
ARTICLE XXVI
26.0 EMERGENCY WAIVER PROVISION
26.1 In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national emergency, or similar circumstances,
provisions of this Agreement or the Personnel Rules or Resolutions of the City, which
restrict the City's ability to respond to these emergencies, shall be suspended for the
duration of such emergency. After the emergency is declared over, this Agreement will
be reinstated immediately. The Union shall have the right to meet and confer with the
City regarding the impact on employees of the suspension of the provisions in the
Agreement during the course ofthe emergency.
ARTICLE XXVII
27.0 SEPARABILITY PROVISION
27.1 Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this Agreement shall remain in full
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.
41
ARTICLE XXVIII
28.0 TERM OF AGREEMENT
28.1 The term of this Agreement shall be from July I, 2004 through June 30, 2008.
ARTICLE XXIX
29.0 RATIFICATION & EXECUTION
29.1 The City and the Union have reached an understanding as to certain recommendations to
be made to the City Council for the City of Santa Ana and have agreed that the parties
hereto will jointly urge said Council to adopt a new wage and salary resolution which
will provide for the changes contained in said joint recommendations. The City and the
Union acknowledge that this Letter of Agreement shall not be in full force and effect
until ratified by the membership of the Union and adopted by the City Council of the City
of Santa Ana. Subject to the foregoing, this Letter of Agreement is hereby executed by
the authorized representatives of the City and the Union and entered in to this 19th day of
June, 2006.
CITY OF SANTA ANA, a municipal
corporati tate of Califo . a
Dated:
Dated: \ \ - 2.- ex.
B~~ ..' ~-:Lv.JJ-vw' ''IV
City Manager '-j . \
Dated:~
By: ~ ~. O~(-.
Assistant Director of Personnel
Services
ATTEST:
,q
Patricia Healy
Clerk of the Council
I/{b
APPROVED AS TO FORM:
42
This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter
I 939/Service Employees International Union Local 347.
Dated: ,() \ 11> , tJlo
Fi':? :f
Field Representative, SEIU
~ ~wluv~
Lisa Ruva1cava
8~d; ~
Sandi Gottlieb
~ifJi!:fj}Mf~
-S~ ~~
~ J90~
Paula Wood
43
SEIU
BASIC SALARY & WAGE SCHEDULE
EXHIBIT A
Page I of2
The City's Basic Salary and Wage Schedule provides for a number of ranges of pay rates (salary rate ranges) each
comprised of six pay steps or rates for SEIU employees. The salary rate ranges are identified by a three digit
number and steps by letters AA, A to E inclusive. For SEIU Part Time Civil Service employees, the purpose of each
step and the length of service required for advancement within the rate range are summarized as follows:
Puroose:
AA Step
A Step
B Step
C Step
D Step
EStep
Normal beginning pay rate.
Automatic Increase. Also optional hiring rate.
Automatic Increase. Also optional hiring rate.
Automatic Increase. May also be maximum hiring rate for certain classes.
Automatic Increase, and is maximum hiring rate.
Merit Rate.
Reauired Length of Service for Part Time Civil Service Employees:
AAtoA
A toB
B toC
C toD
D toE
After 1040 hours' completed service.
After 2080 hours' completed service.
After 2080 hours' completed service.
After 2080 hours' completed service.
After 3120 hours' completed service.
In the following salary schedule matrix, each salary range is identified by a three digit number. The first two digits
are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies
the appropriate column. This three digit range number locates the "AA" step of the range, which is the first of the 6
steps. Steps "A," "B," "C," "D," and "E" are found in the column directly below the "AA" step. For example, the
"AA" step of Range No. 401 is found to be $1476 by moving down the left column to the number 40 (the first two
digits of the Range No.), then horizontally to column I (the third digit of the Range No.). The "AA" step of$1476
has the remaining steps shown directly beneath it; thus the full, six step range is 1476-1549-1627-1708-1793-1883.
In the same number, Range No. 455 is found to be 1921-2017-2118-2223-2334-2451.
SALARY SCHEDULE MATRIX
0 2 3 4 5 6 7 8 9
35 1151 1156 1162 1168 1174 1180 1185 1191 1197 1203
36 1209 1215 1221 1227 1233 1239 1245 1251 1258 1264
37 1269 1275 1281 1288 1294 1301 1307 1314 1320 1327
38 1332 1338 1345 1352 1358 1365 1372 1379 1386 1393
39 1399 1405 1413 1420 1427 1434 1441 1448 1455 1463
40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536
41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612
42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693
43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778
44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866
45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960
46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058
47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160
48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268
49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381
50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500
51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626
52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758
53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896
54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040
55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192
44
56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352
57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519
58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695
59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880
60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074
61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278
62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493
63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718
64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954
65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201
66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461
67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734
68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021
69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322
70 6353 6384 6416 6446 6478 6510 6542 6574 6606 6638
71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971
72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319
73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685
74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069
75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473
76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897
77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342
45
EXHIBIT B
SANTA ANA CITY EMPLOYEES CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347, AFL-CIO
FOR FISCAL YEARS JULY I, 2004 THROUGH JUNE 30, 2008
JOB TITLE
ASSIGNED SALARY RATE RANGE NUMBERS AS OF:
7/112004 7/1/2005 7/112006
RANGE RANGE RANGE
NO. NO. NO.
ACCOUNTANT I
ACCOUNTANT 11
ACCOUNTING ASSISTANT
ACCOUNTS PAYABLE SUPERVISOR
ARTS ADMINISTRATOR
ASSISTANT BUYER
ASSISTANT ENGINEER - TRANSPORTATION (T)
ASSISTANT ENGINEER I
ASSISTANT ENGINEER 11
ASSISTANT FLEET EQUIPMENT TECHNICIAN
ASSIST ANT LIBRARIAN
ASSISTANT PARKS/LANDSCAPE PLANNER
ASSIST ANT PLAN CHECK ENGINEER I
ASSIST ANT PLAN CHECK ENGINEER 11
ASSIST ANT PLANNER I
ASSIST ANT PLANNER 11
ASSOCIA TE PARK AND LANDSCAPE PLANNER
ASSOCIATE PLAN CHECK ENGINEER
ASSOCIATE PLANNER
ASSOCIATE ZOO CURATOR
BOOKMOBILE OPERATOR
BUILDING INSPECTOR
BUILDING MAINTENANCE SUPERVISOR
BUILDING MAINTENANCE TECHNICIAN
BUILDING TECHNICIAN
BUSINESS TAX COLLECTOR/INSPECTOR
BUYER
CENTRAL SERVICES SUPERVISOR
COMBINATION BUILDING INSPECTOR
COMMUNITY CENTER COORDINATOR
COMMUNITY CENTER REPRESENTATIVE
COMMUNITY DEVELOPMENT ANALYST
COMMUNITY DEVELOPMENT DISTRICT MANAGER
COMMUNITY DEVELOPMENT RESOURCE COORD
COMMUNITY DEVELOPMENT TECHNICIAN
COMMUNITY EVENTS COORDINATOR
COMMUNITY EVENTS SUPERVISOR
COMMUNITY PRESERVATION INSPECTOR
COMMUNITY PRESERVATION INSPECTOR 11 (T)
COMMUNITY PRESERVATION TECHNICIAN
COMMUNITY SERVICES SUPERVISOR
COMPUTER OPERATIONS COORDINATOR
COMPUTER OPERATOR
598
626
547
601
599
562
640
626
640
542
556
607
626
640
607
627
657
655
657
596
525
607
617
565
559
571
611
571
607
607
566
598
626
547
601
599
562
640
626
640
542
556
607
626
640
607
627
657
655
657
596
525
607
617
565
559
571
611
571
607
607
566
607
635
556
610
608
571
649
635
649
551
565
616
635
649
616
636
666
664
666
605
534
616
626
574
568
580
620
580
616
616
575
631
686
666
585
575
641
616
636
568
663
671
580
677
657
576
566
632
607
627
559
654
662
571
677
657
576
566
632
607
627
559
654
662
571
46
COMPUTER PROGRAMMER 614 614 623
COMPUTER SYSTEMS ANAL YST/PROGRAMMER 634 634 643
CONSTRUCTION INSPECTOR I 607 607 616
CONSTRUCTION INSPECTOR II 617 617 626
CONTRACTS ADMINISTRATOR 607 607 616
CORRECTIONAL RECORDS SPECIALIST 508 508 517
CORRECTIONAL RECORDS SUPERVISOR 580 580 589
CUSTODIAN 500 500 509
CUSTODIAN SUPERVISOR 552 552 561
CUSTOMER SERVICE REPRESENTATIVE 555 555 564
DATA ENTRY OFFICE ASST 525 525 534
DATA ENTRY OPERATOR 516 516 525
DATA ENTRY SPECIALIST 525 525 534
DEPUTY CLERK OF THE COUNCIL 566 566 575
ECONOMIC DEVELOPMENT AIDE 576 576 585
ECONOMIC DEVELOPMENT SPECIALIST I 627 627 636
ECONOMIC DEVELOPMENT SPECIALIST II 657 657 666
ECONOMIC DEVELOPMENT SPECIALIST III 687 687 696
ELECTRICAL INSPECTOR 607 607 616
EMPLOYMENT SERVICES FISCAL SPECIALIST 598 598 607
ENGINEERING DRAFTING TECHNICIAN I 576 576 585
ENGINEERING DRAFTING TECHNICIAN II 607 607 616
ENVIRONMENTAL COORDINATOR 657 657 666
EQUIPMENT OPERATOR 566 566 575
EQUIPMENT OPERATOR - MOTOR SWEEPER 566 566 575
EQUIPMENT OPERATOR - STREET 566 566 575
EQUIPMENT OPERATOR - TRAFFIC PAINT 566 566 575
EQUIPMENT OPERATOR - WATER MAINTENANCE 566 566 575
EXECUTIVE SECRETARY 564 564 573
FACILITIES SUPERVISOR 617 617 626
FINANCE EXECUTIVE SECRETARY 564 564 573
FLEET EQUIPMENT SUPERVISOR 631 631 640
FLEET EQUIPMENT TECHNICIAN I 572 572 581
FLEET EQUIPMENT TECHNICIAN II 592 592 601
FLEET EQUIPMENT TECHNICIAN III 607 607 616
FLEET PARTS SPECIALIST 582 582 591
GENERAL MAINTENANCE AIDE 525 525 534
GENERAL MAINTENANCE LEADER 586 586 595
GENERAL MAINTENANCE SUPERVISOR 617 617 626
GENERAL MAINTENANCE WORKER 565 565 574
GIS ADMINISTRATOR 637 637 661
GRAPHICS DESIGNER I 568 568 577
GRAPHICS DESIGNER II 588 588 597
GRAPHICS SUPERVISOR 627 627 636
HOUSING AUTHORITY AIDE 498 498 507
HOUSING AUTHORITY ANALYST 624 624 633
HOUSING AUTHORITY COORDINATOR 667 667 676
HOUSING AUTHORITY INTAKE SPECIALIST 513 513 522
HOUSING AUTHORITY OPERATIONS SUPV. 645 645 654
HOUSING PROGRAMS AIDE 536 536 545
HOUSING PROGRAMS ANALYST 645 645 654
HOUSING PROGRAMS COORDINATOR 687 687 696
HOUSING SPECIALIST I 546 546 555
47
HOUSING SPECIALIST II
INFORMATION SERVICES REPRESENTATIVE
INSTRUMENT TECHNICIAN
INTAKE SPECIALIST
KENNEL ATTENDANT
LANDSCAPE DEVELOPMENT ASSOCIATE
LEAD ACCOUNTING ASSISTANT
LEAD CORRECTIONAL RECORDS SPECIALIST
LEAD POLICE RECORDS SPECIALIST
LEARNING CENTER TECHNICIAN
LIBRARIAN
LIBRARY AIDE
LIBRARY SERVICES ASSISTANT
LIBRARY SPECIALIST
LIBRARY TECHNICIAN
LOAN SPECIALIST
MAIL CLERK/MESSENGER
MAINTENANCE ASSISTANT
MAINTENANCE WORKER I
MAINTENANCE WORKER II
METER READER COLLECTOR
MICRO SYSTEMS PROGRAMMER
MICRO SYSTEMS TECHNICIAN
NETWORK ENGINEER
NETWORK SPECIALIST/W AN SYSTEMS ADMINISTRATOR
OFFICE ASSISTANT
OFFICE SPECIALIST
OFFICE SUPERVISOR
PARK MAINTENANCE AIDE
PARK MAINTENANCE LEADER
PARK MAINTENANCE SUPERVISOR
PARK MAINTENANCE WORKER
PARK NATURALIST
PARK RANGER
PARKING METER OPERATIONS SUPERVISOR
PARKING METER TECHNICIAN I
PARKING METER TECHNICIAN II
PERMIT PROCESSOR
PERMIT SUPERVISOR
PERMIT TECHNICIAN
PLAN EXAMINER (T)
PLANNING ASSISTANT
PLANNING COMMISSION SECRETARY
PLUMBING INSPECTOR
POLICE FISCAL OFFICER
POLICE RECORDS SPECIALIST
POLICE RECORDS SUPERVISOR
POLICE SUPPLY SPECIALIST
PRINCIPAL PROGRAMMER ANALYST
PROGRAMMER ANALYST
PROJECTS MANAGER
PROPERTY CONTROL SPECIALIST
PROPERTY REHABILITATION ASSISTANT
570
555
587
513
457
657
581
550
560
536
596
453
498
473
536
597
479
500
520
540
546
642
576
682
642
498
473
567
398
569
617
525
525
586
579
529
559
545
627
597
626
587
564
607
645
518
585
546
682
642
667
546
546
570
560
587
513
457
657
581
550
560
536
596
453
498
473
536
597
479
500
520
540
546
642
576
682
642
498
473
567
398
569
617
525
525
586
579
529
559
545
627
597
626
587
564
607
645
518
585
546
682
642
667
546
546
579
569
596
522
466
666
590
559
569
545
605
462
507
482
545
606
488
509
529
549
555
651
585
691
651
507
482
576
407
578
626
534
534
595
588
538
568
554
636
606
635
596
573
616
654
527
594
555
691
651
676
555
555
48
PUBLIC WORKS CREW LEADER 586 586 595
PUBLIC WORKS DISPATCHER 530 530 539
PUBLIC WORKS PROJECTS SPECIALIST 627 627 636
PURCHASING ASSISTANT 536 536 545
PURCHASING SPECIALIST 547 547 556
PURCHASING SUPERVISOR 656 665
RECEPTIONIST 513 513 522
RECORDS MANAGEMENT SPECIALIST (T) 560 560 569
RECORDS SPECIALIST 541 541 550
RECREATION CENTER DIRECTOR 546 546 555
RECREATION LEADER 486 486 495
RECREATION PROGRAM COORDINATOR 566 566 575
RECREATION SUPERVISOR 617 617 626
REDEVELOPMENT ASSISTANT 607 607 616
REDEVELOPMENT PROJECT MANAGER I 627 627 636
REDEVELOPMENT PROJECT MANAGER II 667 667 676
REDEVELOPMENT PROJECT MANAGER III 687 687 696
REPROGRAPHIC EQUIPMENT OPERATOR 505 505 514
RESIDENTIAL CONSTRUCTION SPECIALIST 607 607 616
REVENUE AND CONTRACT COMPLIANCE AUDITOR 626 626 635
REVENUE PROCESSING ASSISTANT 516 516 525
REVENUE SUPERVISOR 601 601 610
SANITATION INSPECTOR I 556 556 565
SANITATION INSPECTOR II 597 597 606
SECRETARY 543 543 552
SENIOR ACCOUNTANT 645 645 654
SENIOR ACCOUNTING ASSISTANT 562 562 571
SENIOR ASSIST ANT ENGINEER 655 655 664
SENIOR BUILDING INSPECTOR 627 627 636
SENIOR CIVIL ENGINEER 678 678 687
SENIOR COMBINATION BUILDING INSPECTOR 627 627 636
SENIOR COMMUNITY DEVELOPMENT ANALYST 660
SENIOR COMMUNITY PRESERVATION INSPECTOR 627 627 636
SENIOR CORRECTIONAL RECORDS SPECIALIST 535 535 544
SENIOR DEPUTY CLERK OF THE COUNCIL 596 596 605
SENIOR ELECTRICAL INSPECTOR 627 627 636
SENIOR ELECTRICAL SYSTEMS SPECIALIST 627 627 636
SENIOR ENGINEER 678 678 687
SENIOR FLEET EQUIPMENT SUPERVISOR 651 651 660
SENIOR GRADING SPECIALIST 627 627 636
SENIOR HOUSING SPECIALIST 608 608 617
SENIOR LAND SURVEYOR 688 688 697
SENIOR LIBRARIAN 601 601 610
SENIOR LIBRARY SERVICES ASSISTANT 525 525 534
SENIOR LIBRARY TECHNICIAN (T) 556 556 565
SENIOR OFFICE ASSISTANT 525 525 534
SENIOR OFFICE SPECIALIST 498 498 507
SENIOR PARK MAINTENANCE SUPERVISOR 647 647 656
SENIOR PLAN CHECK ENGINEER 678 678 687
SENIOR PLANNER 677 677 686
SENIOR PLUMBING INSPECTOR 627 627 636
SENIOR PLUMBING/MECHANICAL SYSTEMS SPEC. 627 627 636
SENIOR POLICE RECORDS SPECIALIST 545 545 554
49
SENIOR PROGRAMMER ANALYST 662 662 671
SENIOR RECEPTIONIST 543 543 552
SENIOR RECREATION CENTER DIRECTOR 551 551 560
SENIOR RECREATION SUPERVISOR 647 647 656
SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 627 627 636
SENIOR SYSTEMS ADMINISTRATOR 634 634 643
SENIOR TRAFFIC ENGINEER 678 678 687
SENIOR TRANSPORTATION ANALYST 678 678 687
SENIOR WATER MAINTENANCE SUPERVISOR 647 647 656
SENIOR WATER SYSTEMS OPERATOR 607 607 616
STENOGRAPHIC CLERK (T) 531 531 540
STOCK CLERK 541 541 550
STOREKEEPER 576 576 585
STREET LIGHTING MAINTENANCE WORKER 576 576 585
STREET MAINTENANCE SUPERVISOR 617 617 626
STREET PAINTER 560 560 569
SUPERVISING ACCOUNTANT 667 667 676
SUPERVISING BUYER 641 641 650
SUPERVISING LIBRARIAN 629 629 638
SUPERVISING LIBRARY SERVICES ASSISTANT 530 530 539
SUPERVISING PARK RANGER 611 611 620
SURVEY PARTY CHIEF 640 640 649
SURVEY PARTY TECHNICIAN I 576 576 585
SURVEY PARTY TECHNICIAN II 607 607 616
SYSTEMS ADMINISTRATOR 602 602 611
SYSTEMS SUPPORT ANALYST 662 662 671
SYSTEMS TECHNICIAN 542 542 551
TELECOMMUNICATIONS COORDINATOR 644 644 653
TELECOMMUNICATIONS CUSTOMER SERVICE REP. 555 555 564
TENANT SERVICES TECHNICIAN 543 543 552
TRAFFIC TECHNICIAN 630 630 639
TREASURY SERVICES SUPERVISOR 601 601 610
TREE MAINTENANCE SUPERVISOR 617 617 626
TREE TRIMMER 560 560 569
UTILITY INSPECTOR 597 597 606
VIDEO TECHNICIAN 598 598 607
VISITOR SERVICES COORDINATOR 492 492 501
VOLUNTEER SERVICES COORDINATOR 586 586 595
WATER MAINTENANCE CREW LEADER 586 586 595
WATER MAINTENANCE SUPERVISOR 617 617 626
WATER MAINTENANCE WORKER II 540 540 549
WATER METER REPAIRER I 545 545 554
WATER METER REPAIRER II 565 565 574
WATER QUALITY COORDINATOR 637 637 646
WATER QUALITY INSPECTOR 597 597 606
WATER QUALITY SUPERVISOR 617 617 626
WATER SYSTEMS OPERA TOR I 553 553 562
WATER SYSTEMS OPERA TOR II 573 573 582
WATER SYSTEMS OPERA TOR III 587 587 596
WEB SYSTEMS TECHNICIAN 542 551
WEBSITE ENTRY SPECIALIST 516 525
WORK CENTER COORDINATOR 687 687 696
WORKFORCE SPECIALIST I 542 542 551
50
WORKFORCE SPECIALIST II 567 567 576
WORKFORCE SPECIALIST III 587 587 596
WORKFORCE SPECIALIST IV 642 642 651
ZOO ANIMAL REGISTRAR 547 547 556
ZOO CURATOR OF EDUCATION 596 596 605
ZOO EDUCATION SPECIALIST 547 547 556
ZOO KEEPER AIDE 457 457 466
ZOO KEEPER I 517 517 526
ZOO KEEPER II 547 547 556
ZOO MAINTENANCE SUPERVISOR 596 596 605
51
EXHIBIT C
RESOLUTION NO. 81-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RELATING TO EMPLOYER-EMPLOYEE RELATIONS
IN THE PUBLIC SERVICE OF THE CITY OF SANTA ANA
WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the City to maintain and
enhance its administration of employer-employee relations and to protect the public by assuring at all times the
orderly and uninterrupted operations and services of City government; and
WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of communication between the
City and its employees, including provisions for (a) recognizing the rights of employees to join organizations of
their own choosing for the purpose of representation on matters affecting employee relations or to represent
themselves individually in dealing with the City; and (b) establishing equitable and uniform rules and procedures to
provide for the orderly and systematic presentation, consideration and resolution of employer-employee relations
matters; and
WHEREAS, the City of Santa Ana has met and conferred in good faith with representatives of the Santa Ana City
Employees' Association; Santa Ana Police Benevolent Association; Santa Ana Firemen's Benevolent Association;
and the American Federation of State, County and Municipal Employees, AFL-CIO, which are the only employee
organizations known to the City to have among their members employees of the City, concerning the rules and
regulations for the administration of employer-employee relations set forth herein; and
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as follows:
Section 1: Title of Resolution
This Resolution shall be known as the "Employer-Employee Relations Resolution of the City of Santa Ana".
Section 2: Definitions
As used in this Resolution, the following terms shall have the meanings indicated:
APPROPRIATE UNIT - means a unit of employee classifications or positions established pursuant to Section II of
this Resolution.
CITY - means the City of Santa Ana, a municipal corporation, and where appropriate herein, "City" refers to the
City Council or any duly authorized management employee as herein defined.
DAY - means calendar day unless expressly stated otherwise.
EMPLOYEE - means any person regularly employed by the City on a full time basis except those persons elected by
popular vote.
EMPLOYEE, CONFIDENTIAL - means an employee who is assigned to perform work directly involved in the
development, preparation or presentation of management positions with respect to employer-employee relations.
EMPLOYEE, MANAGEMENT - means any employee having responsibility for formulating, administering or
managing the implementation of City policies or programs, including but not limited to, department and assistant
department heads, division heads, and professional administrative staff employees employed to render advice and
assistance pertaining to the conduct of legal, fiscal, budgetary, personnel management and employer-employee
relations affairs of the City.
EMPLOYEE, PROFESSIONAL - means a classification of employees engaged in work (a) predominantly
intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; (b)
involving the constant exercise of discretion and judgment in its performance; and (c) requiring knowledge in a field
of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in
an institution of higher learning, as distinguished from a general academic education, or from an apprenticeship or
from training in the performance of routine, mental, manual or physical processes.
52
EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having authority, in the
interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or
effectively to recommend such actions, if in connection with any of the foregoing, the exercise of such responsibility
is not of merely routine or clerical nature, but requires the use of independent judgment.
EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City and which
has as one of its primary purposes representing such employees in their employment relations with the City;
provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or
national origin.
EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all malters of employer-
employee relations designated pursuant to Section 3 hereof, or his duly authorized representative.
EMPLOYER-EMPLOYEE RELATIONS - means the relationship between the City and its employees and their
employee organization, or when used in a general sense, the relationship between City management and individual
employees or employee organizations.
GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized employee
organization concerning the meaning, application, or enforcement of any of the provisions of the City's Employer-
Employee Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal
procedure is not otherwise provided, or is not specifically withheld, by civil service rule, ordinance, resolution,
charter provision, or memorandum of understanding.
IMPASSE - means that the representatives of the City and a Recognized Employee Organization have reached a
point in their meeting and conferring in good faith where their differences concerning matters on which they are
required to meet and confer, remain so substantial that further meeting and conferring would not be likely to result
in an agreement.
MEDIA nON OR CON CILIA TION - means the efforts of an impartial third person or persons, functioning as
intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation,
suggestion and advice. Mediation and conciliation are interchangeable terms.
MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or "meeting and
conferring") - means the performance by duly authorized City representatives and duly authorized representatives of
a recognized employee organization of their mutual obligation personally to meet and confer in good faith promptly
upon the request of either party and continue for a reasonable period of time in order to exchange freely information,
opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to
the adoption by the City of its final budget for the ensuing year. This does not require either party to agree to a
proposal or to make a concession.
MEMORANDUM OF UNDERSTANDING - means a wrilten memorandum of the agreement between the City and
a recognized employee organization reached through meeting and conferring.
PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal duties consist of
active law enforcement and who is designated as a "peace officer" as that term is defined in Section 830, California
Penal Code, except that, for purposes of this Resolution only, "peace officer" does not mean a park patrolman,
security guard or a member of the fire department, whether the latter be serving as a member of an arson
investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the
status of peace officer for purposes other than that of this Resolution.
RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been granted formal
recognition by the Employee Relations Officer as the employee organization which has the right to meet and confer
in good faith as the majority representative of all members of an appropriate representation unit pursuant to Section
11 hereof, except those employees in such unit who have exercised their right not join an employee organization and
who choose to represent themselves individually with the City, or has been designated through a secret ballot
election as the exclusive representative of the employees in an appropriate representation unit pursuant to Section 11
of this Resolution.
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SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer-employee
relations including, but not limited to, wages, hours, and other terms and conditions of employment except,
however, that the scope of representation shall not include consideration of the merits, necessity, or organization of
any service or activity provided by law or executive order.
Section 3: Desi~mation of the City's Emolovee Relations Officer
The City Council hereby designates the City Manager as the Employee Relations Officer who shall be the City's
principal representative on all matters of employer-employee relations, with authority to meet and confer in good
faith on matters within the scope of representation, and to administer all provisions of this Resolution and the
employee relations rule and procedures adopted pursuant thereto. The Employee Relations Officer is authorized to
delegate his duties and responsibilities.
Section 4: Meet and Confer ill Good Faith - Scope
City representatives and representatives of formally recognized employee organizations having exclusive
representation rights, have the mutual obligation personally to meet and confer in good faith in order to exchange
freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of
representation prior to the adoption by the City of its final budget for the ensuring year.
The City shall not be required to meet and confer in good faith on a subject preempted by Federal or State law or by
the City Charter.
Section 5: Notice
The City will give reasonable written notice to each recognized employee organization affected by any ordinance,
rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the
City, and each such organization shall be given the opportunity to meet and confer with the Employee Relations
Officer prior to such adoption.
In cases of emergency when the City detennines that an ordinance, rule, resolution, or regulation relating to matters
within the scope of representation must be adopted immediately without prior notice or meeting with recognized
employee organization, the Employee Relations Officer shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
Section 6: Petition for Recoj;mition
An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization
representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer
containing the following information and documentation:
Name and address of the employee organization.
Names and titles of its officers.
Names and titles of employee organization representatives who are authorized to speak on behalf of the
organization.
A statement that the employee organization has, as one of its primary purposes, representing the employees in their
employment relations with the City.
A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any
manner with, a regional or state, or national or international organization, and, if so, the name and address of each
such regional, state or international organization.
Certified copies of the employee organization's constitution and bylaws, including all amendments thereof.
A designation of those persons, not exceeding three in number, and their addresses, to whom sent by first class or
certified United States mail will be deemed sufficient notice on the employee organization.
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A statement that the employee organization is cognizant of the provisions of Section 3509 of the Meyer-Milias-
Brown Act.
A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or
national origin.
A description of the composition of the unit or units claimed to be appropriate, including the job classifications of
employees and the number of member employees therein, as well as a statement of reasons why the unit or units is
or are considered to be appropriate.
A statement that the employee organization has in its possession written proof, dated by the signer within six (6)
months of the date upon which the petition is filed, to establish that a majority of the employees in the unit claimed
to be appropriate have designated the employee organization to represent them in their employment relations with
the City. Such written proof shall be made in such language and form as the Employee Relations Officer shall
prescribe and shall be submitted for confirmation to the Employee Relations Officer to a mutually agreed upon
disinterested third party. Notwithstanding the above, the Employee Relations Officer, in his sole discretion, may
accept employee dues deduction authorization, using the payroll register for the period immediately preceding the
date of filing of a Petition of Recognition, as proof of employee support for the petitioning organization, except that
dues deduction authorizations for more than one employee organization for the account of anyone employee shall
not be considered as proof of employee support for any employee organization, unless it can otherwise be shown
that the dues deduction for the petitioning organization is the only one which provides full membership rights and
privileges, including the right to vote.
A request that the Employee Relations Officer recognize the petitioning employee organization as the Recognized
Employee Organization representing the employees in the unites) claimed to be appropriate for the purpose of
meeting and conferring in good faith on all matters within the scope of representation.
The Petition, including all accompanying documents, shall be declared to be true, correct and complete, under
penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. The Employee
Relations Officer may reqnire additional information as required by this Resolution to be included in the Petition.
The Employee Relations Officer shall give prompt written notice of the filing of a Petition to any recognized
employee organization affected thereby.
Section 7: City Response to Recos:mition Petition
Upon receipt of the Petition, the Employee Relations Officer shall within ten (10) days determine whether:
There has been compliance with the requirements of the Recognition Petition; and
The proposed representation unit is an appropriate unit in accordance with Section 11 of this Resolution.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall
within ten (10) days after making said determination, inform the petitioning employee organization, shall give
written notice of such request for recognition to the employees in the unit and shall take no action on said request for
thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee
Relations Officer shall meet and discuss the matter with such petitioning employee organization, and, if such
determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The
petitioning employee organization may appeal such determination in accordance with Section 13 of this Resolution.
Section 8: ~ Period for Filing Challenging Petition(s)
Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition
Petition( s) for an appropriate unit has been filed, any other employee organization may file a competing request to
be formally acknowledged as the recognized employee organization of the employees in the same or in an
overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in
the Recognition Petition being challenged), by filing a petition(s) evidencing proof of employee support in the unit
claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in
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Section 6 of this Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the
Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the
more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the
Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section
II of this Resolution. The petitioning employee organizations shall have fifteen (15) days from the date notice of
such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to
conform to such determination or to appeal such determination pursuant to Section 13 of this Resolution.
Section 9: Election Procedure
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the
Employee Relations Officer and the concerned employee organization(s) in accordance with its rules and procedures
subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which
have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of "no
organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons
employed full time in regular, permanent positions within the designated appropriate unit who were employed
during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election
commences, including those who did not work during such period because of illness, vacation or other authorized
leaves of absence, and who are employed by the City in the same unit on the date of election. An employee
organization shall be formally acknowledged as the Recognized Employee Organization for the designated
appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in
the election. If an election involving three or more choices, where none of the choices receives a majority of the
valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid
votes cast (that is, either between two employee organizations, or one employee organization and no representation);
the rules governing an initial election being applicable to a runoff election, except that the runoff election shall be
held within fifteen (15) days following the certification of the initial election results.
There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 month period
affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the
election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be
borne in equal shares by the City and by each employee organization appearing on the ballot.
In cases where a Memorandum of Understanding between the City and an employee organization is in effect on the
effective date of this Resolution, it shall be presumed for the duration of the Memorandum of Understanding that the
unit set forth in the Memorandum of Understanding is appropriate and that the employee organization is the majority
representative of the employees covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be
presumed that when said Memorandum of Understanding tenninates the employee organization shall continue to be
a majority representative of employees covered by said Memorandum of Understanding for the purposes of meeting
and conferring regarding matters within the scope of representation; provided, however, the employee organization
files with the City the information required by Section 6(a), 1 through 13 of this Resolution. Nothing contained
herein shall preclude an employee organization from filing a petition for recognition pursuant to Section 6 or Section
10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981.
Section 10: Procedure for Decertification ofRecmmized Emplovee Ore:anization
A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a
majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only
during the month of January of any year following the first full year of recognition or during the thirty (30) day
period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of
Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification
Petition may be filed by employees or their representative, or an employee organization, and shall contain the
following information and documentation declared by the duly authorized signatory under penalty of perjury to be
true, correct and complete:
The name, address and telephone number of the petitioner and a designated representative authorized to receive
notices of requests for further information.
The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be
decertified as the representative of that unit.
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An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the
employees in the appropriate unit, and any other relevant and material facts relating thereto.
Proof of employee support that a majority of the employees in the established appropriate unit no longer desires to
be represented by the incumbent Recognized Employee Organization. Such proof shall be submitted for
confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party.
The Employee Relations Officer can only accept those petitions which 1) request decertification of the current
formally recognized employee organization and 2) do not request to carve out another unit from the already
established appropriate unit.
An employee organization may file a Petition under this Section in the form of a Recognition Petition that confonns
to the requirements of Section 6 of this Resolution in satisfaction of the Decertification Petition requirements
hereunder.
The Employee Relations Officer shall initially detennine whether the Decertification Petition or Recognition
Petition, if any, have been filed in compliance with the applicable provisions of this Resolution. If his determination
is in the negative, he shall offer to consult thereof with the representative(s) of such petitioning employees or
employee organization, and if such determination thereafter remains unchanged, shall return such Petition(s) to the
employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees
or employee organization may appeal such determination in accordance with Section 13 of this Resolution.
If the determination of the Employee Relations Officer is in the affirmative, or if his negative detennination is
reversed on appeal, he shall give written notice of such Decertification of Recognition Petition to the incumbent
Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen
(15) days after such notice to determine the wishes of unit employees as to the question of decertification, and if an
accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbent Recognized
Employee Organization is voted, the question of representation. Such election shall be conducted in conformance
with Section 9 of this Resolution.
The cost of any election proceeding under the provisions of this Section shall be borne entirely by the employee
organization(s) challenging the incumbent recognized employee organization.
An employee organization which displaces another employee organization as a formally recognized employee
organization following an election conducted pursuant to this Section shall assume any existing Memorandum of
Understanding then in effect as a condition of recognition and said Memorandum of Understanding shall remain in
full force and effect for the balance of the term thereof.
Section 11: Policy and Standards for Determination of Aooropriate Units
The basic policy objectives in detennining the appropriateness of units shall be the effect of a proposed unit on I)
the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees
to effectively and economically serve the public and 2) providing employees with effective representation based on
recognized community of interest considerations. These policy objectives require that the appropriate unit shall be
the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered
shall be:
Similarity of the general kinds of work performed, types of qualifications required, and the general working
conditions.
History of representation in the City and similar employment; except however, that no unit shall be deemed to be an
appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
The effect of the proposed unit on efficient operations of the City and the compatibility of the unit with the
responsibility of the City and its employees to serve the public.
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The effect on the administration of employer-employee relations created by the fragmentation of classifications and
proliferation of units.
Effect on the classification structure and impact on the stability of the employee relationship of dividing a single or
related classification among two or more units.
Notwithstanding the foregoing, management employees shall only be included in a unit consisting solely of
management employees and confidential employees shall be included in a unit consisting solely of confidential
employees.
When the City establishes new classifications or positions, or modifies the job content of an existing classification or
position, the Employee Relations Officer shall, after notice to and consultation with all affected employee
organizations, determine which, if any, representation unit shall include such new or modified classification(s) or
position(s).
Section 12: Procedure for Modification of Established Appropriate Units
Requests by employee organizations for modifications of established appropriate units may be considered by the
Employee Relations Officer only during the period specified in Section 10 of this Resolution. Such requests shall be
submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 6 of this
Resolution, shall contain a complete statement of all relevant facts and citations in support of the proposed modified
unit in terms of the policies and standards set forth in Section 11 hereof. The Employee Relations Officer shall
process such petitions as other Recognition petitions under this Resolution.
The Employee Relations Officer may on his motion propose, during the period specified in Section 10 of this
Resolution, that an established unit be modified. The Employee Relations Officer shall give written notice of the
proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed
modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee
Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 of
this Resolution, and shall give written notice of such determination to the affected employee organizations. The
Employee Relations Officer~s determination may be appealed as provided in Section 13 of this Resolution. If a unit
is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may
thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new
appropriate unit or units pursuant to Section 6 hereof.
Section 13. ADDeals
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under
this Resolution may, within ten (10) days of notice thereof, appeal such determination to the City Council for fmal
decision.
An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition
Petition (Section 6); Challenging Petition (Section 8) or Decertification Petition (Section 10) or employees
aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 10) has not
been filed in compliance with the applicable provisions of this Resolution, may, within fifteen (15) days of notice of
such determination, appeal the determination to the City Council for final decision.
Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee
Relations Officer. The City Council shall conunence to consider the matter within thirty (30) days of the filing of
the appeal, and shall render a final and binding decision regarding the resolution of the disputed issuers) raised by
the appeal after each party involved has been given an opportunity, during a public meeting, to present written and
oral arguments in support of their respective positions and, if the City Council so desires, after any future
investigation or review of the matter as it may deem appropriate. The City Council, may, in its discretion, refer the
dispute to a third party hearing process for the purpose of seeking an advisory determination prior to making its final
decision regarding the resolution of the dispute.
Section 14: Submission of Current Information Qy Recognized Emplovee Organizations
All changes in the information filed with the City by a Recognized Employee Organization under Items 1 through
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13 of its Recognition Petition under Section 6 of this Resolution shall be submitted in writing to the Employee
Relations Officer within fifteen (15) days of such change.
Section 15: Payroll Deductions on BehalfofEmplovee Organizations
Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such
Recognized Employee Organization may be provided payroll deductions of membership dues and insurance
premiums for plans sponsored by such organization upon the written authorization of employees in the unit
represented by Recognized Employee Organization on forms provided therefore by the City. The providing of such
service to the Recognized Employee Organization by the City shall be contingent upon and in accordance with the
provisions of Memorandum of Understanding and/or applicable administrative procedures.
Section 16: Emolovee OIl!anization Activities - Use of City Resources
Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee
organizations and those representing them shall be authorized only to the extent provided for in Memorandum of
Understanding and/or administrative procedures; shall be limited to activities pertaining directly to the employer-
employee relationship and not such internal employee organization business as soliciting membership, campaigning
for office, and organization meetings and elections; and shall not interfere with the efficiency, safety and security of
City operations.
Section 17: Administrative Rules and Procedures
The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to
implement and administer the provisions of this Resolution after consultation with affected employee organizations.
Section 18: Initiation of Imoasse Procedures
If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the
impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement
of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee
Relations Officer. The purpose of such impasse meeting shall be:
To identify and specify in writing the issue or issues that remain in dispute;
To review the position of the parties in a final effort to resolve such disputed issue or issues; and
If the dispute is not resolved, to discuss arrangement for the utilization of the impasse procedures provided herein.
Section 19: Impasse Procedures
Impasse procedures are as follows:
If the parties so agree, the issue or issues at impasse shall be submitted directly to the City Council for
determination.
If they do not agree within seven (7) days following the conclusion of the impasse meeting set forth in Section 18
above, either party may submit the impasse to mediation.
All mediation proceeding shall be private and the mediator shall make no public recommendation, nor take any
public position at any time concerning the issues.
If the parties are unable to agree on a mediator after a reasonable period of time, they shall select the mediator from
a list of three names to be provided by the State Conciliation Service, or if that agency for any reason shall fail to
provide such list, by the American Arbitration Association.
Upon receipt of such list, the parties shall alternately strike names from the list until a single name remains who
shall become the mediator. The priority of striking names shall alternate from one party to the other each time
impasse procedures are invoked by the same parties. The employee organization or the City shall commence this
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process in an order determined by lot striking the first name from such list of names in any initial mediation.
The cost of the mediator, if any, shall be shared equally by both parties.
If the parties have failed to resolve all their disputes through mediation within fifteen (I5) days after the mediator
cormnenced meetings with the parties, the parties may agree to submit the issues in dispute directly to the City
Council. In that event, the City Council shall finally determine the issues after conducting a public hearing thereon
and after such further investigation of the relevant facts as it may deem appropriate.
If the parties have exhausted the mediation process, the matter shall be submitted to the City Council for resolution.
Section 20: Construction
This Resolution shall be administered and construed as follows:
Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any
authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or
State law or City Charter provisions.
Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923
applicable to City employees or employee organizations, or of giving employees or employee organizations the right
to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial
stoppage or slowdown of work or any other interference with the conduct of the City's operations.
Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding between any
employee organization and the City in effect on the effective date of this Resolution. All such agreements shall
continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of
the parties thereto.
Whenever written notice is required by this Resolution, such notice shall deem to have been received on the day
immediately following the day on which it was mailed (excluding Saturdays, Sundays, and holidays on which the
offices of the City are closed) provided the same was sent by first class or certified mail, postage prepaid to the City
at 20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its last address furnished
to the City.
Section 21: Severabilitv
In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such portion to any
person or circumstance, shall be held invalid by a decision of any court of competent jurisdiction, the remainder of
this Resolution, or the application of such portion to persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution
and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or more sections,
subsections, sentences, clauses or phrases be declared invalid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution shall
be operative from and after May 18, 1981. ADOPTED this 18th day of May, 1981, by the following vote:
A YES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat
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