HomeMy WebLinkAboutSANTA ANA POLICE BENEVOLENT ASSOCIATION (5) MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE BENEVOLENT ASSOCIATION
FOR FISCAL YEARS 1983-84 AND 1984-85
ARTICLE I - RECOGNITION
Pursuant to the provision 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 Police Benevolent Association (herein called the
"Association") as the recognized representative of the bargaining unit which
includes police department employees in the classifications and assignments of
Police Officer, Senior Police Officer, Police Sergeant, Senior Police
Seageant, Animal Control Officer I and II, Community Service Officer,
Criminalist I, II, III, Criminalistics Laboratory Aide, Criminalistics
Laboratory Supervisor, Evidence and Property Clerk, Forensic Specialist I and
II, Parking Control Officer, Police Recruit, Police Service Officer, Police
Services Dispatcher, and Senior Forensic Specialist and excludes all other
non-sworn employees of the Police Department and sworn, "safety-member" police
classes of Police Lieutenant, Police Captain, Deputy Chief of Police and
Police Chief.
ARTICLE II - NON-DISCRIMINATION CLAUSE
Section 1 . The City and Association agree that they shall not
discriminate against any employee because of race, color, sex, age, national
origin, political or religious opinions or affiliations, or in violation of
Government Code Sec.3500. The City and the Association shall reopen any
provision of this Agreement for the purpose of complying with any order of a
Federal or State agency or court of competent jurisdiction requiring a
modification or change in any provisions of this Agreement in compliance with
State or Federal anti-discrimination laws.
Section 2. Whenever reference is made to the masculine gender it shall
be understood to include the feminine gender, unless expressly stated
otherwise.
ARTICLE III - ATTENDANCE, WORKDAY AND WORKWEEK
Section 1. Attendance. Employees covered by this Agreement shall be in
attendance at their work during hours prescribed by the Chief of Police or his
designee(s) and shall not absent themselves during prescribed hours without
approval of the Chief of Police or his designee(s) .
Section 2. Definitions.
A. Workday. Eight (8) hours of work shall constitute a regular and
normal workday for all employees. The regular and normal workday for sworn,
"safety-member" police personnel assigned to Traffic and Patrol shall be a
tour of duty of eight and one-half (8 1/2) hours with one-half (1/2) hour for
meals (Code 7 time) and for all others nine (9) hours with one (1 ) hour for
Code 7 time, which Code 7 time shall not be considered overtime and is not
otherwise compensable except as provided in the Settlement Agreement executed
ems'°~ 1
�� Gs
by the parties hereto on November 21 , 1977, and including Field Operations
Divisional Order No. 15, dated February 15, 1978, and attached to said
Settlement Agreement as "Exhibit A."
B. Minimum Workweek. The minimum workweek for all employees covered
by this Agreement shall consist of forty (40) hours.
C. Workweek Schedule During Schedule Changes. Effective upon the
execution of this Agreement, the City agrees to implement the following policy
when scheduling days off during shift, assignment or other schedule changes;
except in cases of emergency or other situations requiring unscheduled
overtime duty, the City agrees, when rescheduling days off for employees to be
affected by a shift, work assignments or other schedule changes, to schedule
no more and no less than five (5) regular and normal workdays, as defined in
subsection A above, during any calendar week; however, and except in cases of
emergency, no employee shall be scheduled to work more than five (5)
consecutive days without the employee's consent. It is the intent of the
parties that each employee so affected, shall receive two (2) consecutive days
off whenever practical..
For purposes of this subsection, a calendar week begins at 0001 hours on
sunday and ends at 2400 hours on the following Saturday.
ARTICLE IV - SALARIES
Section 1 . Basic Compensation Plan. There is hereby established a basic
compensation plan for all members of the Santa Ana Police Benevolent
Association who are now employed or will in the future be employed in any of
the designated classifications of employment listed in this Agreement and its
attachments.
Section 2. Salary Schedu]Q.. The basic salary schedule, attached hereto
in a matrix format as Exhibit A, and made a part hereof as though set forth
in full herein, provides numerous salary rate ranges, each comprised of five
(5) 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 "A" through "E"
inclusive, with the "A" step being the lowest step in the range. The purpose
of each step and the length of service required for advancement to the next
higher step within a particular salary rate range are set forth in Section 7
below.
Section as.
A. Effective July 1 , 1983, the base salaries of employees covered
by this Agreement shall be increased by five (5) salary rate ranges (2.5%) .
B. Effective January 1 , 1985, the base salary of each employee as
adjusted above shall be increased by ten (10) salary rate ranges (5%) .
The assignment of classes to salary rate ranges during the term of this
Agreement resulting from said increases are listed in Exhibit B, which is
attached and made a part hereof as though set forth in full herein.
2
Section 4. Aonlieation_ of Basic Compensation Plan. The salary rate
ranges and steps contained in Section 2 hereof are monthly salary rates.
All officers and employees working in classifications of employment covered by
this Agreement shall be compensated at a monthly rate, except that an employee
hired for temporary work in a position which has an anticipated duration of
less than six (6) months shall be paid at a rate per hour for actual time
spent in the performance of the duties of his or her employment. 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 exactly one-half cent shall fix the rate at the next
higher whole cent.
Section 5. Beginning Rates. A new employee of the City of Santa Ana
shall be paid the rate shown as Step "A" 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 "B" or Step
"C" 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 or 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.
Section 6. Service. The word "service" as used in this Agreement shall
be deemed to mean continuous, full-time service in the classification in which
the officer or employee is being considered for salary advancement, service in
the higher classification or service in a classification allocated to the same
salary rate range and having generally similar duties and requirements.
Employees hired after the first (1st) working day of the month shall not be
credited with "time in service" for that month when determining the length of
service required for salary step advancement. A lapse of service by an
officer or employee for a period of time longer than thirty (30) calendar days
by reason of resignation, quit, or discharge, shall serve to eliminate the
accumulated length of service time of such officer or employee for the purpose
of this Agreement and any such officer or employee reentering the service of
the City shall be considered as a new officer or employee, except that he or
she may be reemployed within two (2) years and may be placed in the same
salary step in the appropriate salary range as he or she was at the time of
termination of employment.
Section 7. Advancement Within Ranges. The following regulations shall
govern salary advancement within rate ranges:
A. Length of Service Advancements. After the salary of an officer
or employee has been first established and fixed under this plan, such officer
or employee shall be advanced from Step "A" to Step "B" or from Step "B" to
Step "C", whichever is the next higher step to that on which the officer or
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 2 of this Article.
3
B. Merit Advances. An officer or employee shall be considered for
advancement from Step "C" to Step "D" or from Step "D" to Step "E" upon the
completion of the required length of service as provided in Section 2 of this
Article; the effective date of such merit increase, if granted, shall be on
the first day of the month following the completion of such required length of
service. Advancement to either Step "D" or Step "E" may be granted only for
continued meritorious and efficient service and continued improvement by the
officer or employee in the effective performance of the duties of his or her
position. Such merit advancement shall require the following:
(1) There shall be on file in the Office of the chief personnel
officer a copy of each periodic efficiency or performance report required to
be made on the officer or employee by the Civil Service Rules and Regulations
and/or the City Manager during the period of service time of such officer or
employee subsequent to this last salary advancement.
(2) The Chief of Police, at least twenty (20) calendar days
prior to the anticipated completion of such officer's or employee's required
length of service, shall file with the City Manager a statement recommending
the granting or denial for the merit increase and supporting such
recommendations with specific reasons therefor.
(3) No advancement in salary above Step "C" shall become
effective until approved by the City Manager, except when placement on a
salary step above Step "C" results from promotion under the provisions of
Section 9 of this Article.
C. Length of Service Required When Advancement Denied. When an
officer or employee has not been approved for advancement to the next higher
salary step, he or she may be reconsidered for such advancement after the
completion of three (3) months of additional service and shall be reconsidered
for such advancement after the completion of six (6) months of additional
service. This reconsideration shall follow the same steps and shall be
subject to the same actions as provided in the sub-paragraph B(2) and (3) of
this Section.
Section 8. Reduction in Salary Stens. Any officer or employee who is
being paid on a salary step higher thant Step "C" may be reduced by one or
more steps, but not lower that Step "C" of the appropriate salary range,
upon the recommendation of the Chief of Police, and the approval of the City
Manager. Procedure for such reduction shall follow the same procedure as
outlined for merit advancements in Section 7 above, and such officer or
employee may be considered for readvancement under the same provisions as
contained in subsection C of Section 7.
Section 9. Promotional Salary Advancement. When an officer or 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 "A" in the appropriate salary rate range for the higher
classification; provided however, that if the base salary step currently being
paid such officer or employee is already equal to or higher than said Step
"A", he or she will be placed in the lower step in the appropriate salary rate
range as will grant that officer or employee an increase of one (1 ) salary
step over his or her current base salary step including any additive or
4
additives such as career development or educational incentive pay, but
excluding shift dirrerential, assignment pay and bilingual pay.
,Section 10. Demotion. When an officer or employee is demoted to a
position in a lower classification, his or her salary rate shall be fixed in
the appropriate salary rate range for the lower classification in accordance
with the following provisions:
A. The salary rate shall be reduced by at least one (1) step.
B. The new salary rate must be within the appropriate salary rate
range.
C. The new salary rate shall not be higher than the salary step to
which the officer or 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 Chief of Police 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
reductioins. (Section 8, above) .
Section 11 . Reallocation of Salary Rate Ranges. Any officer or employee
who is employed in a classification which is reallocated to a different salary
rate range from that previously assigned shall be retained in the same salary
step in the new salary rate range as he or she had previously held in the
prior rate range and shall retain credit for length of service in such step
towards advancement to the next higher step.
ARTICLE V - ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
Section la Pav Differentials.
A. An incumbent in the class of Police Services Dispatcher who is
continuously and regularly assigned to and actually performing in a lead
supervisory and trainer capacity over an assigned shift of Police Services
Dispatchers will be paid at a rate set ten (10) salary rate ranges (5%) above
his/her then current base monthly salary step.
B. Sworn, safety-member personnel who are continuously and
regularly assigned to and actually performing duties of special assignments
identified below by functional title following their official. (payroll) class
title will be paid at a rate set ten (10) salary rate ranges (5%) above
then current base monthly salary step.
Official Title Functional (Assignment) Title
Police Officer: Accident Investigator, Background
Investigator, Community Relations
Officer, Field Training Officer,
Hispanic Affairs Officer, Invest-
igator, Motorcycle Officer, Re-
search & Planning Officer, Train-
5
ing Officer (Pers. & Training
Section), and Traffic Safety
Officer.
Police Sergeant: Investigator.
C. The special assignment pay differential specified in "B"
above shall be abolished effective upon expiration of this Agreement.
However, any Police Officer or Police Sergeant assigned to any such special
assignments as of December 31, 1983, shall, during the term of this Agreement,
continue to be paid the 5% assignment pay differential until he/she qualifies
and is approved for designation as a Senior Police Officer I, II, III or
Senior Police Sergeant I, II, III under the Police Career Development
Program, or until he/she is removed from any of the special assignments
specified in "B" above by action of the Police Chief, or until the expiration
of this Agreement. No further assignment of police personnel made to any of
the special assignments specified in "B" above on or after January 1 , 1984,
shall be eligible for assignment pay differential.
Section_2. Shift Differential, Non-Sworn Personnel. An employee in the
class of Police Services Dispatcher who is continuously and regularly assigned
to a schedule of work which requires that he or she actually work a minimum of
four and one-half (4 1/2) hours between the hours of 5:00 P.M. and 7:00 A.M.
will be paid a shift differential at a rate set five (5) salary rate ranges
(2.5%) above his or her then current base monthly salary step. Effective July
1, 1984, said differential shall be increased from five (5) to ten (10) salary
rate ranges (5%) .
Section 3. Bilingual Pay. Qualified employees who meet the following
criteria will be paid a monthly pay differential, above his or her base
monthly salary step, of one hundred dollars ($100.00).
A. Assignment by the Chief of Police or his designee to a position
requiring bilingual capability in both English and one of the following
languages: Spanish, Samoan, Vietnamese or other language designated by the
City Manager; and
B. Certified by the chief personnel officer as having
satisfactorily demonstrated conversational fluency in both languages.
Section 4. All assignments to positions set forth in Sections 1 through
3 above of sworn and non-sworn personnel shall be made or revoked at the
discretion of the Chief of Police in a fair manner.
ARTICLES' - POLICE CAREER DEVELOPMENT PRQQRAM
Section 1 . Definitions. For the purpose of clarifying the criteria for
the Police Career Development Program designations set forth in Sections 3
through 9 of this Article, the following definitions apply:
A. Educational Units. One (1 ) completed "semester" unit in an
academic course of instruction approved by the Chief of Police and in an
accredited college or university shall equal one (1) educational unit. One
(1 ) "quarter" unit achieved in an educational institution as above shall equal
6
two-thirds (2/3) of an educational unit. "Trimester" units or other standards
of measurement used as a basis in awarding scholastic credits will be accorded
the same evaluation and weight as provided by the respective accredited
college or university. Only completed coursework credited with a letter grade
"C1° or better (when evaluated by the "Pass/Fail" method) will be accepted. If
such ratings are not rendered for a specific course, then a certificate of
successful completion must be submitted.
B. Training Units. Twenty (20) classroom hours or its equivalent
of approved police training shall equal one unit. Regular, periodic
on-the-job training programs shall not be considered as fulfilling this
requirement.
Neither shall the special training required for Crime Scene
Investigators, Field Training Officers and Advanced Officers or other similar
mandatory training (e.g. , First Aid, C.P.R. recertifications, etc.) nor the
basic introductory training or similar training given an employee during his
or her probationary period be given credit for the awarding of training units.
(1) When college credit is awarded for special training in
police work such units of credit may be counted for either training units or
educational units as the officer may select.
(2) Training units may be earned by the assignment to and
performance of sworn police officer duties other than uniformed field patrol
work in Field Operations and Field Inspections Divisions, with one (1) full
and continuous month of such assignment equal to one (1) training unit.
Credit for experience in assignments other than patrol work in Field
Operations and Field Inspections Division shall not be given, unless at least
three (3) full and continuous months of such assignment have been completed.
Not more than six (6) units of training through assignment to non-patrol.
duties may be earned in any one (1 ) year and not more than fifteen (15) such
training units by assignment shall be used in meeting the criteria for the
Police Career Development Program designations as set out in this Article.
Seetiag 2. Crime Scene Investigator (C.S.I.) . Any sworn, safety-member
Police Officer who attains the following educational and experience
requirements and the approval as set out below shall be paid an additional
five (5) salary rate ranges (2.5%) above his or her then current base monthly
salary step. The criteria for such designation shall be as follows:
(1) Completion of two (2) years of experience as a sworn
Police Officer, at least one of which shall be in the Santa Ana Police
Department.
(2) Completion of at least thirty (30) educational and/or
training units.
(3) Assignment to and actual performance of the duties and
responsibilities of a C.S.I.
(4) Completion of a special training course for Crime Scene
Investigators as developed and administered by the Santa Ana Police
Department or such alternative course as designated for such purpose of the
Chief of Police.
7
(5) Approval of the Chief of Police. The number of such
designations as C.S.I. shall be no larger than the requirements of the
department as determined by the Chief of Police.
Section S, Senior Police Officer (Terminal). Any police officer
designated as a Senior Police Officer prior to July 1 , 1968, under provisions
of the original career development program and still assigned such designation
by the Chief of Police, shall be paid at a rate set ten (10) salary rate
ranges (5%) over his or her then current base monthly salary step.
As of the effective date of this Agreement, any such police officer so
designated shall continue in said designation until eligible for and assigned
to a higher level designation described below or until such time as he or she
shall be removed from the designation of Senior Police Officer by action of
the Chief of Police; however, no further assignment of police personnel shall
be made to the Senior Police Officer designation established by Resolution of
Council in October, 1964.
Section 4. Senior Police Offiper I. Effective January 1 , 1984, any
sworn, safety-member police officer, regardless of duty assignment, who
fulfills the requirements established in this section shall be designated as a
Senior Police Officer I and shall be paid at a rate set fifteen (15) salary
rate ranges (7.5%) above his or her then current base monthly salary step.
The criteria for such designation shall be as follows:
A. Completion of five (5) years of municipal police experience and
attainment of the "E" step of the base salary rate range for the Patrolman
classification.
B. Completion (acquisition) of at least sixty (60) educational
and/or training units.
C. Approval of the Chief of Police.
Seeti 5. Senior Poke Officer II. Any sworn, safety-member police
officer who fulfills the requirements established in this section shall be
designated as a Senior Police Officer II and shall be eligible to receive one
of the career incentive pay differentials set forth in "B" below:
A. The criteria for such designation shall be as follows:
1 . Completion of seven (7) years of municipal police
experience and attainment of the 11E" Step of the base salary rate for the
Police Officer classification.
2. Completion (acquisition) of at least ninety (90)
educational/training units; or possession of an Associate of Arts degree from
an accredited college with an additional fifteen (15) or more
educational/training units.
3. Approval of the Chief of Police.
B. Pay Differentials: A Senior Police Officer II will be paid a
career incentive pay differential at a rate set above his or her then current
8
base monthly salary step in accordance with the following schedule:
1 . Assignment to uniformed patrol duty in Field Operations
Division: Twenty-five (25) salary ranges (12.5%) .
2. All other assignments: Twenty (20) salary rate ranges
(10%), effective January 1 , 1984.
Section 6. Senior Police Officer TTT. Any sworn, safety-member police
officer who fulfills the requirements established in this section shall be
designated as a Senior Police Officer III and shall be eligible to receive one
of the career incentive pay differentials set forth in "B" below.
A. The criteria for such designations shall be as follows:
1 . Completion of nine (9) years of municipal police experience
and attainment of the "E" Step of the base salary rate for the Police Officer
classification.
2. Completion (acquisition) of at least one hundred twenty
(120) educations/training units; or possession of an Associate of Arts degree
from an accredited college with an additional sixty (60) or more
educational/training units.
3. Approval of the Chief of Police.
B. Pay Differentials: A Senior Police Officer III will be paid a
career incentive pay differential at a rate set above his or her then current
base monthly salary step in accordance with the following schedule:
1 . Assignment to uniformed patrol duty in Field Operations
Division: Thirty (30) salary rate ranges (15%) .
2. All other assignments: Twenty-five (25) salary rate ranges
(12.5%) , effective January 1 , 1984.
Section 7, Senior Police Sergeant I. Any officer holding the rank of
Police Sergeant in the Santa Ana Police Department, regardless of duty
assignment, who fulfills the requirements established in this section shall be
designated as a Senior Police Sergeant I and shall be paid at a rate set
fifteen (15) salary rate ranges (7.5%) above his or her then current base
monthly salary step. The criteria for such designation shall be as follows:
A. Completion of five (5) years of municipal police experience.
B. Completion (acquisition) of at least sixty (60) educational
and/or training units.
C. Approval of the Chief of Police.
Section 8. Senior Police Sergeant II. Any officer holding the rank of
Police Sergeant in the Santa Ana Police Department, regardless of duty
assignment, who fulfills the requirements established in this section shall be
designated as a Senior Police Sergeant II and shall be paid at a rate set
twenty (20) salary rate ranges (10%) above his or her then current base
monthly salary step. The criteria for such designation shall be as follows:
9
A. Completion of seven (7) years of municipal police experience and
attainment of HE?? step of the base salary rate range for the Police Sergeant
classification.
B. Completion (acquisition) of at least ninety (90) educational
and/or training units; or possession of an Associate of Arts academic degree
from an accredited college with an additional thirty (30) or more education or
training units.
C. Approval of the Chief of Police.
Section Q. Senior Police Sergeant III. Effective January 1, 198k, any
officer holding the rank of Police Sergeant in the Santa Ana Police
Department, regardless of duty assignment, who fulfills the requirements
established in this section shall be designated as a Senior Police Sergeant
III and shall be paid at a rate set twenty-five (25) salary rate ranges
(12.5%) above his or her then current base monthly salary step. The criteria
for such designation shall be as follows:
A. Completion of nine (9) years of municipal police experience and
attainment of "E" step of the base salary rate range for the Police Sergeant
classification.
B. Completion (acquisition) of at least one hundred twenty (120)
educational/training units; or possession of an Associate of Arts academic
degree from an accredited college with an additional sixty (60) or more
educational/training units.
C. Approval of the Chief of Police.
Section 10. Administrative Guidelines. An individual authorized an
increase in pay as a result of any provision of the Police Career Development
Program set out in this Article cannot also receive any additional pay
differential set forth in Article V of this Agreement except for bilingual
pay.
ARTICLE VIl-TRAINING AND a ATIONAL A r ANCE PROGRAM
Section 1 . Purpose.
A. To encourage the employees of the City of Santa Ana to take
college courses and special training courses which will better enable them to
perform their present duties and prepare them for increased responsibilities.
B. To provide financial assistance to eligible employees for
education and training.
C. To establish eligibility requirements, conditions and
procedures whereby such assistance may be provided.
Section 2. Eligibility.
A. Applications for tuition reimbursement will be considered only
from full-time, permanent City employees who have completed probation.
10
B. Reimbursement is not authorized for courses for which the
employee is receiving financial assistance from other sources such as G.I.
Bill, scholarships, etc.
C. Applications will be approved only for courses directly related
to the employee's job or directly related to a promotional position in the
employee's occupational speciality.
D. Courses not ostensibly related to the employee's job, but which
are required to qualify for degree that is directly related to his job may be
reimbursable only after all required occupationally related courses have been
completed.
E. Prior to receiving tuition reimbursement, employees must submit
documentary proof of having received a grade of not less than "C" for the
oourse. If objective ratings are not rendered for a specific course, then a
certificate of successful completion must be submitted.
F. Approval will be limited to courses given by accredited colleges
and universities, city colleges or adult education courses under the
sponsorship of the various Boards of Education. Workshops, seminars,
conferences and similar activities not identifiable as a formal course of
instruction within the curriculum of a recognized educational institution, do
not fall within the purview of this program but may be authorized and funded
by the interested department without coordination with the Personnel Division.
G. When an employee is required by his or her department head to
attend a particular course or seminar, the expense shall be borne entirely by
the City.
Section 3. Reimbursement.
A. Reimbursement will be based on the cost of tuition or
registration fees and all required texts and related material for each
course. Additional expenses such as meals and parking fees are not
reimbursable.
B. Costs for required texts are eligible for one hundred percent
(100%) reimbursement subject to the following conditions:
( 1) That a duplicate of the required text(s) was unavailable
for loan from the departmental libraries prior to the commencement of
coursework;
(2) That any textbook(s) purchased by the City shall be
submitted to the employee's respective departmental library in order that such
text(s) may be made available to all employees.
C. Tuition or registration costs of fifty dollars ($50.00) or less
are eligible for one hundred percent (100%) reimbursement. Tuition costs in
excess of fifty dollars ($50.00) are eligible for seventy-five percent (75%)
reimbursement. Maximum tuition reimbursement per semester is one hundred
seventy-five dollars ($175.00) . NOTE: Summer session shall be counted as a
separate "semester" for purposes of the program.
11
D. Employees shall be limited, for purposes of tuition
reimbursement, to a maximum of two (2) collegiate level courses of not more
than a total number of units which is equivalent to six (6) "semester" units
per semester. One ( 1) "quarter" unit shall equal two-thirds (2/3) of one (1 )
"semester" unit.
Section jflocedures.
A. An employees who desires to seek tuition reimbursement under
the provisions of this Article must complete, in duplicate, an Application for
Training and Educational Assistance form and submit it to his/her department
head.
B. The department head will recommend approval or disapproval
and forward the application to the chief personnel officer.
C. The chief personnel officer will approve or disapprove the
application for the City Manager. One copy will be returned to the employee
and the duplicate copy will be retained by the Personnel Division. It is
advisable that the applicant accomplish the procedures so far described in
order to ascertain the eligibility of the intended course of instruction for
reimbursement under the provisions of this policy prior to the inception of
the course or disbursement of personnel funds.
D. The employee will submit his copy of the approved application to
the Personnel Division within three months after he has completed the course
and received his final grade. He must include official verification of his
final grade with appropriate receipts for tuition and textbook costs. These
will be returned to the employee upon request. Applications not submitted to
the Personnel Division within three months following completion of the course
become void.
E. Upon receipt of the application and required documentation, the
Personnel Division will determine whether the completed course of instruction
is compatible with the provisions of Section 2 and 3 of this article. If
found to be compatible, the Personnel Division will compute the amount of
reimbursement, authenticate the application and forward it to the employee's
department head.
F. The department head will then authorize the Finance Department
to reimburse the employee the approved amount out of the budget of the
department concerned.
ARTICLE VIII - OVERTIME
Section 1 . General Policy for Overtime Work. Whenever 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 Chief of Police, or
an authorized representative of the City Manager or Chief of Police, may
require an employee to perform overtime work.
$ectio . Definition. Overtime work is defined as that authorized or
required time worked in excess of the regular workday and/or workweek except
that work amounting to less than thirty (30) minutes in excess of an
12
employee's regular workday shall not be considered overtime.
action 3. Computation of Forty (40) Hour Workweek. In computing a
regular workday and/or workweek, paid leave for holidays, sickness, vacation,
and other time off with pay shall be credited towards the total.
$ection 4. Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is
by monetary payment, at one and one-half (1 1/2) times the employee's regular
rate of pay.
B. Effective upon the first month following the execution of this
Agreement, sworn, safety-member personnel will no longer be required to
accumulate forty-eight (48) hours of unused compensatory time off (CTO)
benefits (for 32 hours of overtime actually worked) in order to be entitled to
receive cash payment for overtime work; provided however, that any unused CTO
"on the books" as of that date shall not be compensable by monetary payment,
except as provided for in Section 13 of this Article, and must be taken off in
the manner herein elsewhere provided.
C. Should the Chief of Police determine that the best interests
of the City will be served thereby, he or his 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 (1 1/2) times the employee's regular rate of pay.
D. Eligible employees may convert time and one-half (T 1/2) paid
overtime to time and one-half (T1/2) compensatory time off, with the prior
permission of the employee's supervisor and subject to the operational needs
of the department. This conversion shall be limited to the accumulation of
sixty (60) hours of earned, unused compensatory time off benefits.
E. Time off with pay to compensate for overtime worked may be
accumulated, subject also to limitations herein elsewhere provided, to a
maximum of sixty (60) hours.
F. Because each hour of overtime worked is programmatically accrued
on a time and one-half (T 1/2) basis, compensatory time off will be taken, and
monetary payment will be paid, on a straight-time basis. Also, upon
termination, any earned, unused compensatory time off ("time-on-the-books")
will be paid on a straight-time basis.
Section 5. Incremental Usage. Time off with pay to compensate for
overtime worked may be taken in increments as small as one-half (1/2) hour.
Section 6, Excess Usage. If compensatory time off is used in excess of
that available such excess compensatory time off will, first, be deducted
from any available vacation benefits (in whole hours only since vacation hours
are not recorded in fractions); finally, deducted from the next scheduled wage
or salary payment.
Section 7. No Effect cp Other Benefits. Overtime work shall not apply
to the earning of employee benefits (retirement, holidays, vacation accrual,
sick leave accrual and employee insurance benefits), toward the completion of
probationary period or to progression within a salary rate range.
13
Section 3. Overtime Work to be Apportioned. To the extent that he is
reasonably able to do so, the Chief of Police shall arrange work programs to
minimize overtime work; necessary overtime work shall be apportioned among
employees of like classification and assignment.
Section 9. advance Compensation for Overtime. 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.
Section JO. Employees Exclude&ipom Overtime, Employees who work on an
hourly, daily, seasonal or part-time basis, are not eligible for compensatory
time off with pay for work, or for monetary compensation at time and one-half
(T 1/2) for overtime work.
$eetion 11 . Compensation for Overtime: Otkgr. Exclusions. No overtime
pay or compensatory time off with pay shall be allowed an employee for
attendance at conventions, conferences, seminars or the like, unless such
employee is ordered to attend. Overtime pay or compensatory time off with pay
shall be permitted only for attendance on such employee's normal days off or
for time beyond a normal workday's duration. Overtime pay or compensatory
time off with pay shall not be allowed for travel time to and from
conventions, association meetings, conferences, seminars or the like, should
such time occur outside the employee's normal work schedule, unless the
employee is ordered to attend.
Section 12. Call-Back-Duty, Any employee covered by this Agreement who
is recalled to active duty from off-duty, shall be entitled to overtime pay at
the rate of one and one-half (1 1/2) times the normal hourly pay rate for
such employee for time actually worked after reporting to the place of duty,
or to two (2) hours' pay at the normal rate of pay, whichever is greater.
Section 11. Aoerylgd Overtime Paid Upon Promotions pr Uoo.n Separation.
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.
Section 14. Court Appearance. Compensation for court appearance by
personnel covered by this agreement shall be as follows:
A. For each court appearance made by an employee during his or her
off-duty time in regard to city business three (3) hours overtime will be
granted and paid on a straight time basis. If court appearances are made both
in the morning and afternoon of a particular day, three (3) hours will be
allowed for each session attended. The employee must provide a copy of the
subpoena requiring his or her attendances to initiate payroll procedures.
Such employee may not receive time off with pay as compensation for overtime
accrued as a resullt of court appearances.
14
B. A subpoenaed employee scheduled to appear in court on City
business during off-duty time may be placed on stand-by status by his or her
department head or authorized representative. In the event such off-duty
employee is on stand-by status during any court session and is not required to
appear in court, such employees shall be compensated two (2) hours overtime,
paid on a straight time basis, for each court session. If such off-duty
employee on stand-by actually appears in court, he or she shall be compensated
only as provided in sub-section A, supra. Any employee on stand-by status who
fails to appear in court ready to testify within thirty (30) minutes after
notification to appear shall not receive compensation for either stand-by or
for appearance.
C. Notwithstanding sub-sections A and B, supra, whenever an
employee either commences or terminates his or her on-duty shift while he or
she is appearing in court or is on stand-by status, his or her sole
compensation for off-duty time spent in court or on stand-by shall be on a
straight time basis paid in half-hour increments.
Section 15-,_--CaTime Bank
A. Any member of the association who works overtime, or has accrued
but unused holidays, can designate that he or she will contribute the value of
such time to a bank for use by members of the Association for the purposes
and subject to the restrictions provided herein.
B. Any member of the Association may receive time off for the
welfare of officers, community service and any lawful activity of the
Association with pay drawn from the bank described in paragraph "A" of this
section, provided that said employee first gain approval for said use by the
executive board of the Association in the manner specified by its rules as
adopted from time to time, and subject to the approval or disapproval of the
Chief of Police consistent with the operational needs of the Police
Department.
C. No withdrawal or use of such bank may be made by or on behalf of
an employee ordered to take time off without pay for discipline imposed by the
Chief of Police or his designee.
Section 16. Declaration of State of Emergency. Emergencies shall be
governed by the provisions of Santa Ana Municipal Code Section 9-194.
Section 17 Comoensation of Voluntary Contract Overtime. Exclusive of
other provisions of this Article, except Section 7 (No Effect On Other
Benefits) supra, Police Officers and Police Sergeants who voluntarily agree to
perform contract security services at games, parades, dances and similar
public events shall be compensated at the rate of one and one-half (1 1/2)
times the employee's regular rate of pay.
The Chief of Police shall determine how many off-duty police officers
should serve as security officers at each event. Police Officers and
Sergeants represented by the Association shall be given first opportunity to
volunteer for said off-duty assignments. If, after a reasonable period of
time, an insufficient number of police officers have volunteered to work such
assignments, the Chief of Police may offer the remaining "openings" to any
person(s) he deems capable of performing the work at whatever straight-time
15
pay rate the City considers to be appropriate.
ARTICLE IX- HOLIDAYS
Section 1 . Legal holidays observed by full-time permanent and
probationary employees covered by this agreement are as follows:
* January 1st - New Year's Day
* Third (3rd) Monday in February - In memory of George Washington's
Birthday.
* Last Monday in May - In commemoration of Memorial Day.
* July 4th - In observance of Independence Day.
* First (1st) Monday in September - In observance of Labor Day.
* November 11th - In observance of Veteran's Day.
* Fourth (4th) Thursday in November - In observance of Thanksgiving Day.
* The Friday immediately following Thanksgiving Day.
* December 25th - In observance of Christmas Day.
* Last working day before Christmas Day, unless Christmas falls on a
Thursday, in which instance, the day following Christmas Day shall be
observed in lieu thereof.
* One (1 ) Floating Holiday - Any workday selected by the employee
with prior permission of the employee's supervisor.
* Every day proclaimed by the Mayor of the City as a holiday for City
employees.
Any holiday which falls on a Sunday will be observed on the following
Monday. Any holiday which falls on a Saturday will be observed on the Friday
preceding the Holiday.
Section 2. Full-time permanent and probationary employees covered by
this Agreement shall be entitled to receive eleven (11 ) working days off
during the calendar year in lieu of the holiday benefits specified in Section
1 , supra.
Said subsitute holidays may be taken at any time during the calendar year
with prior permission of the employees, supervisor and subject to the
operational needs of the department. However, if an employee who separates
from the service of the City has taken time off for holidays in advance of the
date or day the holiday actually occur, he/she must pay the City the cash
value for such used but unearned holiday time off benefits prior to or at the
time of separation.
Section 3. A newly appointed employee must actually work at least one
day preceding the day a holiday listed in Section 1 , supra, actually occurs in
order to receive credit for such holiday during the month in which it occurs.
An employee separating from the service of the City must actually work at
least one day following the day a holiday listed in Section 1 , supra, actually
occurs in order to receive compensation for that holiday.
A newly appointed employee must complete six (6) months of continuous
full-time service in order to receive credit for the Floating Holiday listed
in Section 1 above.
Section 4. Holiday time off may only be taken in increments of eight (8)
16
hours.
Section 5. Holiday benefits may not be carried over from one calendar
year to the next.
ARTICLE X- VACATION
Section 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.
Section 2. IReeular Vgeation Period.
A. Regular vacation with pay is granted to each full-time permanent
or probationary employee at the rate of 15 working days for each completed
year of service, accured at the rate of 10 working hours for each completed
month of service. Employees hired after August 9, 1979 shall be granted
regular vacation at the rate of 10 working days for each of his or her first
and second completed year of service, accrued at the rate of 6 2/3 hours for
each completed month of service. Thereafter, all such employees shall be
granted regular vacation at the rate of 15 working days for each completed
year of service, accrued at the rate of 10 working hours for each completed
month of service.
B. An employee who has completed less than one year's service
during the calendar year shall receive a proportionate fraction in accordance
with the amount of service to his credit during the year; provided, however,
no employee shall be entitled to, or receive payment for, any vacation until
he has completed six (6) months of continuous service.
C. On or after the first (1st) day of the month following
completion of six (6) months of continuous full-time service, an employee may
be allowed to take all or a proportionate fraction of his or her earned
vacation, subject to scheduling approval of the employee's supervisor.
D. Absence on sick leave for a period in excess of fifteen (15)
consecutive calendar days shall not be considered as service for vacation
accrual purposes.
E. Vacation time off may be taken in increments as small as one (1)
hour, with fractional usage rounded upward to the next higher multiple of one
(1 ).
F. Computation _of Regular Vacation:
(1 ) In computing regular vacation, each municipal holiday that
occurs during the vacation, and that falls on a day which the employee would
have worked had he/she not been on vacation, shall be deducted from the
computation so that one (1 ) additional day of regular vacation shall be
allowed to the employee unless departmental practice provides some other
manner of compensating for municipal holidays. Should an employee be confined
to a hospital for sickness or injury while on authorized vacation, each full
day of such confinement, when confirmed by a physician's statement and
approval of the Chief of Police, may be deducted from the computation of
17
vacation expended and charged against the employee's accumulated sick leave.
(2) No employee may carry over from one calendar year to the
next, more than the equivalent of two (2) regular vacation periods from the
previous two (2) years, and vacation not taken beyond that amount is
forfeited. A regular vacation period is defined as the maximum amount of
vacation earned in a calendar year as provided in sub-section A, supra.
(3) No employee shall have a right to accumulate or split
his/her vacation, but the same may be allowed or required by the Chief of
Police. The time at which an employee shall take his/her vacation shall be
determined by the Chief of Police, with due regard for the wishes of the
employee and particular regard for the needs of the service.
Section 'i. Longevity Vacation.
A. Each permanent employee is granted additional work days of
vacation leave with pay for each completed year of full-time, continuous city
service as set forth in the following table. This additional vacation shall
be designated longevity vacation.
Completed Additional Hourly Equivalent
Years Days pf Additional Days
6 1/2 4
7 1 8
8 1 1/2 12
9 2 16
10 2 1/2 20
11 3 24
12 3 1/2 28
13 4 32
14 4 1/2 36
15 5 40
16 6 48
17 7 56
18 8 64
19 9 72
20 10 80
B. No employee becomes eligible for longevity vacation until
completion of the sixth year of continuous service, and each employee
continues to earn the maximum of ten (10) working days (80 hours) of longevity
vacation for each completed year of service in excess of twenty (20) years.
C. A period of earlier service does not apply toward longevity
vacation accumulation when an employee has had a break in continuous service,
unless the break in service is concluded by reappointment, as provided in
Section 9-114 of the Civil Service Rules and Regulations, or by reemployment
from layoff within two (2) years.
D. Leave of absence without pay, as provided in Article XI, Section
1E (Sick Leave-Extended) and Section 8 (Authorized Absence Without Pay - Long
Term) herein, does not constitute a break in continuous service as used in
this section; however, the leave of absence period shall not be applied toward
the accumulation of longevity vacation. Absence on military leave followed by
reinstatement, as provided in Section 9-116 of the Civil Services Rules and
18
Regulations, does not constitute a break in service, and the period of absence
on such military leave shall be applied toward the accumulation of longevity
vacation.
Section 3. Limitation on Vacation. With the exception of a retiring
employee, no employee is granted, and no employee shall be allowed to take,
any vacation leave with pay in excess of fifty (50) working days (400 hours)
in any one year by any combination of the vacations granted in this Agreement
Further, no employee may carry over from one calendar year to the next more
than the equivalent of one longevity vacation period and the equivalent of one
regular vacation period from the previous two (2) years, and vacation not
taken beyond that amount is forfeited. Therefore, the maximum vacation that
an employee with less than six (6) years' service could accumulate is thirty
(30) working days (240 hours) and only an employee with more than twenty (20)
years' service could carry over and take the authorized maximum of fifty (50)
working days (400 hours) in any one year.
Section 4. 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 wage or salary payment.
ARTTQr__ jL_r_OTHER LEAVES OF ABSENCE
Section 1 . Sick Leave.
A. Definition. Except as otherwise provided below, sick leave
shall be deemed to mean absence from duty of an employee because of illness or
injury that prevents the employee from performing the duties of his or her
position, and shall be deemed to include time in quarantine resulting from
exposure to a contagious disease.
All "safety member" employees hired after July 1 , 1981 , and all persons
employed as "safety member" by the City as of July 1 , 1981 , with five years of
service or less shall not be entitled to use sick leave during periods of
absence due to industrial illness or injury or to extend any leave of absence
due to industrial illness or injury which leave is compensable under Labor
Code Section 4850; provided that when said employees working for the City as
of July 1, 1981 , who then have five (5) years of continuous service with the
City or less eventually complete more than five years of continuous service
with the City, they shall be able to use such leave during such absences in
the same manner and to the same extent as persons as "safety members" by the
City as of July 1 , 1981 , who have already completed five (5) years of
continuous service with the City.
B. Accrual. Each employee shall be entitled to, and shall earn,
one (1 ) working day of sick leave for each full calendar month of service in
which he is employed by the City with full pay; provided, however, any absence
on sick leave for a period of time greater than fifteen (15) consecutive
calendar days in any one (1) calendar month shall not be considered to be
service entitling an employee to earn sick leave as aforesaid. Subject to the
other provisions in this Article, sick leave shall accrue to the credit of
each employee to the extent that it is not used. Notwithstanding the
foregoing, employees on leave of absence for service-connected illness or
injury who are covered by the provision of Labor Code Section 4850, shall
19
continue to accumulate one (1) day of sick leave for each full calendar month
of service for which he or she is employed by the City with full pay during
said absence for service-connected illness or injury.
C. Authorized Only When Necessary. Use of sick leave by City
employees shall be authorized as follows:
(1) Sick leave is not a right which an employee may use at his
or her discretion, but shall be allowed only in cases of necessity and actual
sickness or disability, or as authorized in subsection "J" below.
(2) With respect to "miscellaneous-member" employees covered
by this Agreement, when such an employee's absence is caused by an industrial
illness or injury, for which benefits are required to be provided under the
State Workers' Compensation Insurance and Safety Act, the City shall pay 100%
of salary for the first three (3) days of such absence and sick leave shall
not be debited.
D. Limit. The maximum total accumulation of sick leave with pay
shall be two hundred (200) working days. Sick leave usage of less than a full
day shall be charged in minimum increments of one (1 ) hour, with fractional
usage rounded upward to the next higher multiple of one (1 ).
E. $xtended.. The City Manager may grant leave up to six 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 reoovered to return
to his or her employment within a six (6) months' period. Prior to the
expiration of the additional time, the employee may return to his or her
position provided that he or she has a certificate from one of the above
mentioned physicians stating that the employee is able to perform all the
duties of his or her position without qualification. In addition to the
above, the City Manager may grant a further extension not to exceed a total of
one (1 ) year without pay.
F. Extension bylse of Vacation. After an employee's sick leave
has been exhausted he may be granted permission to take any earned vacation
he may have accrued.
G. Notice. The employee taking sick leave shall notify his or her
immediate supervisor not less than one (1 ) hour prior to the time he or she is
scheduled to report for duty. When the absence is more than three (3)
consecutive working days, the employee must present to his or her department
head a physician's certificate stating the cause of illness and that, in the
physician's opinion, the employee could not report to work because of such
illness or injury and that the employee is sufficiently recovered to safely
return to work. Such certificate shall be transmitted to the chief personnel
officer with the report of the return of the employee 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
20
. or caused by willful misconduct; or sickness or disability sustained while
engaged in employment other than employment by the City, for monetary gain or
other compensation, or by reason of engaging in business or activity for
monetary gain or other compensation.
I. Excess Usage. If sick leave is used in excess of that due and
available to an employee, such excess sick leave will, first, be deducted from
any available compensation time off benefit; second, from any available
vacation leave benefit; finally, deducted from the next scheduled wage or
salary payment.
J. Personal Necessity Leave. Each employee shall be afforded the
opportunity to use up to three (3) days (24 hours) of sick leave benefits
per calendar year (on a non-cumulative basis) for "personal necessity leave",
which circumstances shall include serious accidents or illnesses to members of
the employee's immediate family, childbirth, imminent danger to the employee's
home or other valuable property, or the existence of external circumstances
beyond the employee's control making it impractical for him/her to report for
duty.
K. Payment for Unused Sick Leave.
( 1 ) Except in cases of disability retirement, upon
non-disciplinary termination of employment after ten (10) years of cumulative
full-time service with the City, each qualified employee shall be entitled to
payment for one-third (1/3) of the total sick leave benefit credited to his or
her account upon the effective date of such termination, not to exceed a
maximum limit of 53.33 working days, at the rate of pay effective on the date
of such termination.
At the employee's election, payment for unused sick leave may be received
in either a lump sum of money, or in equal monthly payments for a period of up
to five (5) years.
A lump sum payment shall be made to the beneficiaries of any eligible
employee whose death occurs while such employee is an active employee of the
City, such payment to be in the amount of one-third (1/3) of the total sick
leave benefit credited to the employee's account at the time of his or her
death, and at the rate of pay effective on the date of death.
(2) At his or her option, an employeee may convert any lump
sum payment provided herein into health insurance premiums, to the extent
necessary to provide the employee and his or her designated eligible
dependents, if any, with benefits under the health insurance program
maintained by the City. The City's obligation to pay such premiums shall
be terminated upon the happening of any of the following events:
(a) Premiums have been paid on behalf of the former
employee for a period of five (5) years beyond the date of termination of
employment; or
(b) The sum of premiums paid equals one hundred fifty
percent (150%) of the amount of the lump sum payment that the employee would
have received for unused sick leave benefits had this option not been elected.
21
•
Section 2. Bereavement Leave. An employee shall be granted up to three
(3) days leave without loss of pay in case of death of a member of the
employee's immediate family. Such leave is designated as bereavement leave.
"Immediate family" as used in this section is limited to:
A. Any relative by blood or marriage who is a member of the
employee's household;
B. A parent, spouse, child, brother or sister of the employee,
regardless of residence;
C. Any other relative of the employee by blood or marriage where it
can be established by the employee that as a result of such relative's death,
the employee's presence is required.
Section R. Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be
granted military leave if he/she furnishes the chief personnel officer
satisfactory proof of his/her orders to report for duty. Upon return and upon
showing of proof of actual service pursuant to such orders, he/she will be
reinstated as provided in Section 9-116 of the Civil Service Rules and
Regulations of the City of Santa Ana.
B. Temporary. Members of the reserve forces of the United States,
or the National Guard, granted temporary leave when ordered to duty, in
accordance with the Military and Veterans Code, will be granted leave with pay
not to exceed thirty (30) calendar days in each calendar year after one year's
service with the City upon presenting satisfactory proof of orders to and from
such temporary active duties.
'Section 4. Jury and Witness Leave. When an on-duty employee is called to
serve as a juror or a non-party witness in any court action, he/she shall be
allowed leave for the time actually required for such service, without loss of
pay. Each on-duty employee called for such service shall present to his/her
department head for examination the subpoena calling him/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.
Section 5. Examination Leave. Employees participating in examinations
conducted during their normal working hours for positions in the competitive
service of the City of Santa Ana will be granted leave with pay for the time
actually required, without loss of any accrued vacation or compensatory time
off benefits.
Section 6. _ Tj, authorized Absence. Unauthorized absence from duty for any
duration of time may be considered cause of dismissal. Absence from duty
without leave for five (5) consecutive working days shall be deemed a
resignation from the service; provided, however, if upon return to duty the
person so absenting himself makes an explanation satisfactory to the
department head of the cause of his absence, the department head may restore
him to his position, with the City Manager's approval.
'Section 7, Authorized Absence Without Pay. Absence without pay not to
exceed five (5) consecutive working days, may be authorized by the department
22
head. Absence without pay not to exceed fifteen (15) calendar days may be
authorized by the department with the approval of the City Manager. Such
absences may be authorized only if in the judgment of the department head they
serve the best interest of the City.
Section 8. Authorized Absence With Pav - Long Term. Upon receipt of a
written request from an employee having permanent status plus action by the
department head recommending approval of the request, the City Manager may
grant a leave of absence for up to six (6) months for the following reasons
only, except as otherwise provided in these rules:
A. Illness of the employee, or of a member of his or her immediate
family residing in the employee's household, requires that the employee move
from the vicinity of the City as a remedial health measure and a designated
physician indicates that such removal from the City is necessary and will not
be required for longer than six (6) months; or
B. The employee has been appointed by another municipality to a
position of greater responsibility in a field of employment wherein the
employee possesses special competence, and such appointment constitutes an
advancement in responsibility and authority over that required in his/her
employment with the City of Santa Ana.
An employee returning to duty with the City shall inform the
department head and chief personnel officer of his/her intention at least
thirty (30) calendar days prior to the expiration of the six (6) months 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/her former position.
The City Manager is authorized to grant, at his discretion,
administrative leave with or without pay for permanent employees if, in his
opinion, such leave is in the interest of the City.
Section is_ Industrial Leave.
A. Each "safety member" employee covered by the provisions of
Labor Code Section 4850 who is compelled to be absent from duty because of an
illness or injury covered by the State of California Workers' Compensation
Insurance and Safety Act shall , in lieu of temporary disability compensation
payable under the aforementioned Act, continue to be paid his or her normal
salary and accrue other benefits in accordance with the provisions of Labor
Code Section 4850.
B. Any period of time during which an employee is required to be
absent from his or her position by reason of an industrial injury or
industiral illness for which he or she is entitled to receive compensation
shall not be considered a break in continuous service for the purpose of his
or her right to salary adjustment or to the accrual of vacation and seniority.
ARTICLE XII - EMPLOYEE INSURANCE
Section 1 . Health Insurance. Effective November 1 , 1983, the City shall
contribute the following amounts toward the payment of premiums for affected
employees and their dependents under the existing health insurance programs
23
(or new program or programs providing substantially similar or improved
coverage and benefits selected in accordance with procedures in effect on the
effective date of this Agreement):
A. With respect to employees who do not have dependents included
under the programs, the City will contribute an amount toward the payment of
premiums in accordance with the following schedule:
(1 ) For enrollees of the City's Self-Funded Indemnity
("see-your-own-doctor") Health Plan: $118.32 per month.
(2) For enrollees of the City's Blue Cross-Health Net health
plan: $80.86 per month.
(3) For enrollees of the City's I.N.A. Health Plan of
California health plan: $75.04 per month:
(4) For enrollees of the City's Kaiser Foundation Health Plan:
$72.98 per month.
Effective October 1 , 1984, the City will contribute up to an
additional $15.00 per month toward any increases in the above specified
premium amounts.
B. With respect to employees who have dependents included under
the program, the City will contribute toward the payment of premiums in
accordance with the following schedule:
(1) For enrollees of the City's Self-Funded Indemnity Health
Plan: $220.00 per month.
(2) For enrollees of the City's Blue Cross-Health Net health
plan: $213.82 per month.
(3) For enrollees of the City's I.N.A. Health Plan of
California health plan: $199.84 per month.
(4) For enrollees of the City's Kaiser Foundation Health Plan:
$184.40 per month.
Effective October 1 , 1984, the City will contribute up to an additional
$35.00 per month toward the cost of the premium, for "family" coverage under
the City's self-funded indemnity plan. Effective October 1 , 1984, the City
shall contribute a flat rate amount equal to 100% of the premium cost for
"family" coverage for each of the H.M.O. plans identified in subsections B(2),
B(3) and B(4) above, up to the required amount of City contribution toward
the cost of the premium for "family" coverage under the City's self-funded
indemnity plan.
C. Notwithstanding the foregoing, with respect to employees hired
after August 9, 1979, except "lateral transfer" police officers and employees
reappointed to the service of the City in accordance with Section 9-•114 of the
Civil Service Rules and Regulations, the City will contribute toward the
payment of premimums for health insurance on the following basis:
24
(1) For employees who have less than one (1) year of full-time
service, the amount of City contribution toward "employee only" coverage
specified in "A" above, but no amount for dependent coverage. Such employees
shall have the option to purchase dependent coverage under the plans provided
by the City for its employees by personally paying the amount of difference
between "employee-only" coverage and "family" coverage.
(2) After the completion of one (1 ) year of full-time service,
the City shall contribute toward the payment of premiums for health insurance
in the same manner as provided for in Subsections 1A and 1B, above.
(3) With respect to "lateral transfer" police officers and
employees reappointed to the service of the City in accordance with Section
9-114 of the Civil Service Rules and Regulations, the City will contribute
toward the payment of "family" coverage health insurance premiums in the same
manner as provided in Subsection 1B above, as soon as such employees are
eligible for such coverage after the date of their appointment/reappointment.
D. Any contribution necessary to maintain benefits under any health
insurance program provided by the City for its employees and their eligible
dependents in excess of the amounts of the City contribution specified above
shall be borne entirely by the employee.
Section 2. Dental Insurance. Effective November 1 , 1983, the City agrees
to contribute up to a miximum of twenty dollars ($20.00) per month per
employee toward the payment of premiums for dental insurance plans provided by
the City for employees covered by this Agreement and their eligible
dependents.
Any contribution necessary to maintain benefits under said dental
plans in excess of the amount set forth above shall be borne entirely by the
employees.
Section S. Long-Term Disability (L.T.D.) Insurance. Effective November
1, 1983, the City shall contribute the following amounts toward the payment of
premiums for employees covered by this Agreement under the existing long-term
disability plan maintained by the City for its employees:
A. With respect to sworn, "safety-member" police personnel, up to
a maximum of twenty-seven dollars ($27.00) per month per employee through June
30, 1984; and up to a maximum of forty-eight dollars ($48.00) per month per
employee effective July 1 , 1984.
B. With respect to non-sworn, "miscellaneous-member" employees, up
to a maximum of twenty-three dollars ($23.00) per month per employee through
June 30, 1984; and up to a maximum of forty-four dollars ($44.00) per month
per employee effective July 1 , 1984.
Any contribution necessary to maintain benefits under any long-term
disability insurance plan provided employees by the City in excess of the
amounts set forth as above shall be borne by the employees.
Section 4. Life Insurance. The City shall maintain in effect for the
term of this Agreement its existing life insurance plans covering employees
covered by the Agreement on the same basis as its plans are offered to
25
. employees as of June 30, 1983.
Section 5. The City shall retain the right to change health, dental,
long-term disability and life insurance carriers, administer the insurance
benefits provided thereunder, and select and/or change any excess or
supplemental insurance carriers as a part of any self-insurance plan during
the term of this Agreement, provided that employees covered by this Agreement
continue to receive the same or equivalent benefits.
Section 6, Optional PHA $enefit Plans.. By majority vote, Association
members may opt to receive cash equivalent of premium contributions made by
City on behalf of employees, to purchase group health and/or group dental
and/or group L.T.D. insurance coverage through the Association or its Agent;
provided, however, all members of the Association waive, in writing, coverage
under City-sponsored group health and/or group dental and/or group L.T.D.
ARTICLE XTI) - RETIREMENT
Section 1 - General. The terms of the existing contract between the City
and the California Public Employees' Retirement System (P.E.R.S.) governing
the retirement benefits of employees covered by this Agreement, as said
contract was amended effective October 1981 to provide for a different
schedule of benefits for employees hired after the effective date of such
amendment, are incorporated by reference herein. The City shall continue to
make contributions to P.E.R.S. in accordance with its contract with P.E.R.S.
for employees covered by said contract as amended.
Section 2. -_Deferred Retir ment. Effective July 1 , 1983, the City will
increase the amount of payment it makes to the P.E.R.S. on behalf of each
employee covered by this Agreement by two (2) percentage points so that for
each affected "safety-member" employee covered under the 2% at Age 50 Formula
the City shall pay an amount equal to seven-ninths (7/9ths) of his or her
individual employee retirement contribution; and for each affected
"safety-member" employee covered under the 2% at Age 55 Formula and each
affected "miscellaneous-member" employee the City shall pay an amount equal to
100% of his or her individual employee retirement contribution. Such payments
shall be credited to the individual employee's P.E.R.S. account.
Such payments are not increases in base salary and no salary rate
range applicable to any of the employees covered by this Agreement shall be
changed or deemed to have been changed by reason thereof. As a result, the
City will not treat these payments as ordinary income and, thus will not
withhold federal or state income tax from said payments. The City has
received an opinion or ruling from the Internal Revenue Service confirming
that these payments are deferred compensation not ordinary income.
In the event that the City receives a subsequent ruling from the
Internal Revenue Service that such payments are ordinary income of the
employees instead of deferred compensation, the City's obligation to make such
payments shall discontinue and in place thereof the base salary of each
affected employee shall forthwith be increased by fourteen (14) salary rate
ranges (7.0%) .
For the purpose of reporting an employee's compensation to P.E.R.S. ,
the City shall include these payments as if they were a part of the employee's
base salary.
26
Section 9. One-Year Highest Com ensation Option. The City shall amend
its contract with the P.E.R.S. in order to provide, effective July 1 , 1985,
the "one-year highest compensation" option (Section 20024.2 of the Public
Employee's Retirement Law) for all safety-members of the Association so that,
for such members retiring on or after said date, the period for determining
average salary when retirement allowances are computed would be changed from
the current 36 highest paid consecutive months to the 1a highest paid
consecutive months.
ARTICLE XIV - RELEASE TiNE_FQB-ASSOCIATION REPRESENTATIVE.
During the term of this Agreement, the City agrees to grant full-time
release from duty for one (1 ) Association representative for the conduct of
association affairs subject to the following:
Section 1 . The Association shall reimburse the City for one hundred
percent (100%) of salary (including any salary additives, such as career
incentive pay) and benefit costs. Such reimbursement may be from the bank
established pursuant to Section 15 of Article VIII of this Agreement.
Section 2. The Association shall provide an insurance policy or
policies, or certificate of such insurance, naming the City of Santa Ana, its
officers, employees and agents as insured or additional insured, which
provides coverage against liability for any and all claims and/or suits for
damages or injuries to persons or property resulting from or arising out of
any act or omission of said Association representative. Said policy or
policies of insurance shall provide coverage for both bodily injury and
property damage in not less than the following minimum amounts: One Million
Dollars ($1,000,000.00) combined single limit or its equivalent. Said policy
or policies shall also contain a provision that no termination, cancellation
or change of coverage of insured or additional insured shall be effective
until thirty (30) days notice thereof has been given in writing to the City of
Santa Ana.
S i 3. The Association shall provide the City of Santa Ana with
an insurance certificate from a workers' compensation insurance carrier
certifying that it carries primary workers' compensation insurance on behalf
of said Association representative and the policy shall not be cancelled nor
the coverage reduced except upon ten (10) days prior notice to the City of
Santa Ana.
Section k. The Association shall indemnify and save harmless the
City of Santa Ana, its officers and employees, from and against any and all
damage to property or injuries to or death of any person or persons, including
property and employees or agents of the City of Santa Ana, and shall defend,
indemnify and save harmless the City of Santa Ana, its officers and employees,
from any and all claims, demands, suits, actions or proceedings of any kind or
nature, including, but not by way of limitation, workers' compensation claims,
resulting from or arising out of the negligent acts, errors, or omissions, or
arising out of the intentional or malicious acts of Association's
representative.
Section 5. The Association and the City of Santa Ana agree that
27
. Association's representative will not be required to carry out any peace
officers' duties during such time that Association's representative is on such
full-time release from duty. The Association's representative will be
required to comply with the Rules and Regulations of the Santa Ana Police
Department as they apply to off-duty employees, except such representative
will not be required to report for duty for any purpose.
Section 5. Upon return to duty from such full-time release, the
Association's representative shall be restored to the same position without
loss of any benefits as he or she would have occupied or accrued if there had
been no disruption in duty status.
ARTICLE XV .SAFETY..
The City and the employees of the City agree to comply with all
applicable federal, state and local laws, and City of Santa Ana regulations,
which relate to health and safety. •
ARTICLE XVI - RESIpENCY.
Section 1.. Employees covered by this Agreement are permitted to reside
outside the limits of Orange County, 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.
A. Any employee desiring to take advantage of the opportunity to
reside outside of Orange County shall first request permission to do so from
the Chief of Police. Said request shall be granted by the Chief of Police if
he 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 Chief of Police refuses said request, the employee shall
have a right to appeal said determination to the City Manager.
ARTICLE XVII —DISCIPLINE,
Section 1 . Any permanent employee covered by this Agreement may only be
disciplined in accordance with the standards and procedures and subject to all
rights of appeal set forth in Santa Ana Municipal Code Sections 9-9, 9-10,
9-118.1 et seq. Any probationary employde covered by this Agreement may be
disciplined in accordance with the standards and procedures set forth in Santa
Ana Municipal Code Sections 9-90, 9-91 and 9-18, and subject to review in
accordance with the grievance review procedure contained in this Agreement.
Section 2. In addition, a new section shall be added to the Municipal
Code to provide as follows:
A. In the event an employee is ordered to absent himself from the
job based on probable cause and it is subsequently determined by the
Department Head, the City Manager, Personnel Board or a court of competent
28
jurisdiction, that cause did not exist for the ordered absence, the employee
shall have restored to him any paid leaves of absence against which such
absence may have been charged, and he shall be granted a retroactive leave of
absence with pay for the time during which he was prohibited from performing
the duties of his position, less any compensation paid to him by the City
during such ordered absence unless such employee waives his/her rights to
retroactive pay.
B. In the event an employee is reduced, suspended, and/or
discharged, and upon appeal the City Manager, Personnel Board or a court of
competent jurisdiction does not sustain such reduction suspension, and/or
discharge, the employee shall be entitled to his base rate of salary including
all additives, vacation, and sick leave as if such unsustained reduction,
suspension, or discharge had not been invoked. However, in no event shall an
employee be entitled to any salary or credit for vacation and sick leave for
any period of time covered by a suspension sustained on appeal or for any
period of time waived by the employee as a condition to the granting of a
continuance of any hearing on appeal.
C. If during an absence for which an employee is paid pursuant to
this Section, he earned any money which he would not have earned had he
continued to perform the duties of his position, such sum shall be deducted
from the salary otherwise payable to him pursuant to this Section.
ARTICLE XVTII - GRIEVANCE REVIEW PROCEDURE
Section 1 . Definition of Grievance. A grievance shall be defined as a
timely complaint by an employee or group of employees or the Association
concerning the interpretation or application of specific provisions of this
Agreement, or of the rules and regulations governing personnel practices or
working conditions of the City; except, however, those matters specifically
assigned to the jurisdiction of the City Personnel Board by provisions of the
City Charter and the Civil Service Rules and Regulations.
No employee shall suffer any reprisal because of filing or processing of
a grievance or participating in the Grievance Review Procedure.
Section 2. _Informal. Process.
A. An employee must first attempt to resolve the grievance on an
informal basis through discussion with his or her immediate supervisor without
undue delay, but in no case, beyond a period of five (5) working days after
the occurrence of the alleged incidence giving rise to the grievance, or when
the grievant knew or should have reasonably become aware of the facts giving
rise to the grievance.
B. Every effort shall be made to find an acceptable solution to the
grievance through this informal means at the most immediate level of
supervision.
C. In order that this informal procedure may be responsive, both
parties involved shall expedite this process. If, within five (5) working
days, mutually acceptable solution has not been reached at the informal level,
29
the employee shall then set forth the grievance in writing, indicate the
nature of the action desired, sign it, and submit it in duplicate to his or
her immediate supervisor. At this point, the grievance review process becomes
formal. Should the grievant fail to file a written grievance, and in the
manner specified above, within ten (10) working days after first discussing
the grievance with his or her immediate supervisor, the grievance shall be
barred and waived.
Seokjon 3. Formal_proees.
A. If the grievance is not resolved through the informal process,
and a written grievance is filed within the time limits set forth above, the
grievant's immediate supervisor shall add his or her comments and any
justification he or she consider proper, sign it, and forward it to his or her
Division Commander without undue delay, or in no case, more than three (3)
working days.
B. The Division Commander, after study of the case, shall attach
his decision and reasons therefore, and return them to the employee within
three (3) working days after receipt of the written grievance.
C. If no satisfactory settlement has been reached at the division
level, the employee may, within six (6) working days after receipt of the
Division Commander's decision and reason(s) therefor, carry the matter to the
Chief of Police. To do so, the employee shall describe on separate
corresponsdence, the reason why he is not satisfied, and shall submit this,
with the original form through his superior officer and Division Commander to
the Chief of Police. Failure of the grievant to take this action will
constitute a waiver and bar to the grievance, and the grievance will be
considered settled on the basis of the Division Commander's response.
D. If the grievant files a written grievance to the Chief of Police
in the manner and within the time limits specified in "C" above, then a
conference shall be held at the request of the employee or the Chief of
Police.
E. The Chief of Police shall inform the employee of his action
within ten (10) working days after receipt of the request for settlement. The
original of the grievance form and the Chief's decision shall be filed in the
Personnel Records of the department.
F. If no satisfactory settlement has been reached at the
departmental level, the employee may, within six (6) working days after being
informed by the Chief of Police of his decision on the matter, and the reasons
thereof, submit the grievances in writing to the City Manager, or his duly
authorized representative, for determination. Failure of the grievant to take
this action will constitute a waiver and a bar to the grievance, and the
grievance will be considered settled on the basis of the Chief of Police's
response.
The City Manager, after a careful review, shall render a final decision
on the merits of the grievance, in writing, and return it to the grievant
within fifteen (15) working days after receiving the grievance. A copy of the
written grievance to the City Manager, and of the City Manager's decision,
shall be filed in the Personnel Records of the department and the grievant's
30
•
personnel jacket maintained in the City Personnel Division.
G. After the procedure set forthe in this Article has been
exhausted, the grievant, the Association, and the City shall have all rights
and remedies to pursue said grievance under the law.
ARTICLE XIX - DUES DEDUCTION AND INDEMNIFICATION
Section 1 . Dues Deduction. The City shall deduct dues, on a regular
basis, from the pay of all employees recognized to be represented by the
Association, who voluntarily authorize such deduction, in writing, on a form
to be provided for this purpose by the City. The City shall remit such funds
to the Association within thirty (30) days following their deduction.
Section 2. Indemnification. The Association agrees to hold the City
harmless and indemnify the City against any claims, causes of actions, or
lawsuits instituted by a member or members of the Associattion arising out of
the deductions or transmittal or such funds to the Association, except the
intentional failure of the City to transmit, to the Association, monies
deducted from the employees pursuant to this Article.
ARTICLE XX - CITY RIGHTS
Dggtion 1. The City reserves, retains, and is vested with, solely and
exclusively, all rights of Management which have not been expressly abridged
by specific provision of this Agreement or by law to manage the City, as such
rights existed prior to the execution of this Agreement. The sole and
exclusive rights of Management, as they are not abridged by this Agreement or
by law, shall include but not be limited to the following rights:
A. To manage the City generally and to determine the issues of
policy.
B. To determine the existence or non-•existance of facts which are
the basis of the management decision.
C. To determine the necessity of organization of any service or
activity conducted by the City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and
extent of services to be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology,
means, and size of the work force by which the City operations are to be
conducted.
H. To determine and change the number of locations, relocations,
and types of operations, processes, and materials to be used in carrying out
all City functions including but not limited to, the right to contract for or
31
subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with
requirements as determined by the City, and to establish and change work
schedules and assignments.
J. To relieve employees from duties for lack of work or similar
non-discplinary reason, subject to the provisions of the City Charter,
Municipal Code, federal and state law and this Agreement.
K. To establish and modigy productivity and performance programs
and standards.
L. To discharge, suspend, demote, or otherwise discipline employees
for proper cause in accordance with the provision and procedures 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.
0. 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.
A. 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.
Sect'on 2. Except in emergencies, or where the City is required to make
changes in its operations because of the requirements of law, whenever the
contemplated exercise of Management's rights shall impact on a significant
number of employees of the bargaining unit, the City agrees to meet and confer
in good faith with representatives of the Association regarding the impact of
the contemplated exercise of such rights prior to exercising such rights,
unless the matter of the exercise of such rights is provided for in this
Agreement.
Section .3.. Except as modified by provisions of this Agreement, no
employee covered by this Agreeement shall suffer, during the term of this
Agreement, a reduction in wages, hours or other economic compensation for
which he or she is eligible and which he or she enjoyed prior to entering into
this Agreement.
32
ARTICLE. XXI - STRIKES AND .MRK STOPPAGES
Section 1 . prohibited ConDiat
A. The Association, its officers, agents, representatives, and/or
members agree that during the term of this Agreement, they will not cause or
condone any unlawful strike, walkout, slowdown, sick-out, or any other
unlawful job action by withholding or refusing to perform services.
B. Any employee who participates in any conduct prohibited in
sub-section "A" above shall be subject to suspension, demotion or dismissal by
the appointing authority.
C. In addition to any other lawful remedies or disciplinary actions
available to the City, if the Association fails, in good faith, to perform all
responsibilities listed below in Section 2, Association Repsonsibility, the
City may suspend any and all rights and privileges, accorded to the
Association in this Agreement, including but not limited to suspension of the
Grievance Review Procedure and dues deduction.
,Sectinn2,,_Association Resoonsibility. In the event that the
Association, its officers, agents, representatives, or members engage in any
of the conduct prohibited in Section 1 "A" of this Article, Prohibited
Conduct, the Association shall immediately instruct any persons engaging in
such conduct that their conduct is in violation of this Agreement and
unlawful, and they must immediately cease engaging in conduct prohibited in
said Section a "A", and return to work.
ARTICLE XXII - LAYOFFS
The City shall follow and adhere to Santa Ana Municipal Code Section
9-119 regarding layoffs. Section 9-119 of the Santa Ana Municipal Code
states:
"All layoffs within the competitive service occasioned by the
abolishment of a position, the combination of duties of two (2)
or more positions, or the reduction in number of employees in a
given class shall be governed by seniority in service and
performance. Reemployment shall be in reverse order of layoff."
ARTICLE XXIII - SOLE AND ENT R G EEMENT
Section 1 . It is the intent of the parties hereto that the provisions of
this Agreement shall supersede all prior agreements and memoranda of
agreement, or memoranda of understanding, or contrary salary and/or personnel
rules and regulations or administrative codes, provisions of the City, oral
and written, expressed or implied, between the parties, and shall govern the
entire relationship and shall be the sole source of any and all rights which
may be asserted hereunder. This agreement is not intended to conflict with
federal or state law or the City Charter.
Section,.. The City will continue to administer its employee relations
and its personnel policies and procedures in accordance with duly-adopted
33
ordinances and resolutions and the affected employees will continue to be
governed thereby during the term of this Agreement.
ARTICLE XXIV - WAIVER F BARGAINING DURING THE TERM OF THIS AGREEMENT.
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, unless required by specific provisions of
this Agreement, and irrespective of whether or not such matters were discussed
or were even within the contemplation of the parties hereto during the
negotiations leading to this Agreement. Regardless of the waiver contained in
this Article, the parties may, however, by mutual agreement, in writing, agree
to meet and confer about any matter during the term of this Agreement.
ARTICLE XXV - SEPARABILITY PROVISION.
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.
ARTICLE XXVI - TERMS OF AGREEMENT.
The term of this Agreement shall be from July 1 , 1983, through June 30,
1985.
AtlICLE� T_ RATIFICATION AND EXECUTION.
The City and the Association have reached an understanding as to certain
recommendations to be made to the City Council for the City of Santa Ana and
have agreed that the parties hereto will jointly urge said Council to adopt a
new wage and salary resolution which will provide for the changes contained in
said joint recommendations. The City and the Association acknowledge that
this Agreement shall not be in full force and effect until ratified by the
membership of the Association and adopted by the City Council of the City of
Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the
authorized representatives of the City and the Association and entered into
this day of _., 1984.
34
CITY OF SANTA ANA, a
municipal corporation of__
sue--
the State of California
Dated: \—v\ —` \ t By:
MA OR
Dated: (-2 7- By: _
Charles G st in, Esq.
SANTA ANA POLICE
�/
BE 'VOLENT ASSOCIATION
Dated: 1'-17_.:1 By:
P'rreesi eenntt
By: ��-�`- C,
4-Ski
Seth J. Kelse , Esq.
ATTEST:
CLERK OF THO COUNCIL 0-1=c5'i
APPRIVED AS T/ FORM:
CITY ATTfoNill,
This Agreement has been ratified by the membership of the Santa Ana
Police Benevolent Association. �f�,�
DATE: /Z-2- f34 BY: 1.�1J4) l l
AFprtvad as to o ;
m> v, c_ a4—
City Manager
35
•
CITY OF `.AN1A ANA -.
BASIC SALARY AMP M 5089xILL • EXHIBIT A
•
The City's basic salary and wage schedule provides for a number of ranges of pay rates (salary rate rang.nl e4L1,
coigansed of five pay steps or rates. The salary rate ranges are identified by a three-digit camber and the steps
by the letter. A to 1. inclusive. for non-mui mient -emplovees, the purpose of each step and the length of service
required fat advancement within the rate riuigr are suniun i&Vss follows:
A Step - Normal beginning pay rate.
11 Step - Autuasatic Increase - After 6 mos.' service in next lower step. -
Also optional hiring rate.
C Step - Antonin(' Increase - After 12 mos.' service in next lower step.
Also n thus
hiring rate.
I) Step - Mena_IGiii• After 12 mos.' service in next lower step.
L Step • Merit Rate - After 18 mos.' service in next lower step.
In the following salary schedule matrix, each salary range is identified by a three-digit somber. The first two
digits are Listed in the first vertical column on the left and the third digit Is listed horizontally across the
tap and Identifies the appropriate column. This three-digit range amber locates "A" step of the range ad steps 0,
C, 0 and I. are found in the column directly below "A" step. for example, "A" step of Range No. 301 is found to be
1906 by moving down the left column (Range No.) to the umber 30 (the first two digits of the Ranrge No.), then
horizontally to column 1 (the third digit of the Range No.). The "A" step of 1906 has the ran:tining steps shown •
directly below, thus the full , live-step range is 906-951-998.1049-1101. In the smite manner, Range No. 355 is found
to be 1100-1239-1301-1165 J434.
SALARY SCHEDULE MATRIX
0 I 2 3 4 5 6 7 8 9
25 70/ 710 714 117 721 724 728 732 735 739
26 742 745 749 75) 756 760 764 768 772 7)6
21 729 7112 786 790 794 798 802 806 810 814
28 010 022 826 830 834 838 842 847 . 851 855
29 859 063 867 871 016 880 885 889 893 898
30 901 906 911 915 920 924 929 934 936 943
31 947 951 956 961 966 910 975 900 985 990
32 994 998 11/03 1008 1014 1019 1024 1029 1034 1039
•
.31 1044 1049 1054 1059 1065 1070 1075 1081 1086 1091 .
34 1096 1101 1106 1112 1118 1123 1129 1134 1140 1146
35 1151 1156 1162 1168 1174 1180 1185 1191 1197 1203
;16 1209 1215 1221 1227 1233 1239 1245 1251 1258 1264
37 1269 1275 1281. 1268 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 1415 1463
40 1449 1476 1403 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
41 1700 1708 1717 1725 1734 1742 1751 1160 1769 1770
44 1105 1793 1802 1811 1020', 1830 1839 1848 1857 1866
45 1874 1.803 1092 1902 1911 . 1921 1930 1940 1950 1960
46 1960 197) 1907 1997 2007 . 2017 2027 ' 2037 2040 2050
47 2066 2076 2086 2097 - 2107 2110 2120 2139 2150 2160
48' 2169 2179 2190 2201 2212 2221 2234 2246 225) 2268
49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381
501 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500
511 2511 2521 2536 2548 2561 25)4 2587 2600 2613 2626
521 263) 2650 2663 2676 2690 2703 2717 2730 2744 2758
51 2769 2182 2/96 2810 2814 2838 2053 2867 2881 2096
54I 2907 2921 2916 2950 2965 2980 2995 3010 3025 3040
55 3052 3061 3082 3098 3113 3129 3144 3160 3116 3192
56 3205 3221 3237 3253 3269 3205 3302 3310 3335 3352
571 3365 3301 3390 1415 3432 3449 3467 3484 3501 3519
Sit 3533 3550 3560 3506 3604 3622 3640 3658 3676 3695
591 3110 3/20 3747 3165 1784 1801 3822 3041 3861 3860
•
EXHIBIT B
ASSIGNMENT OP CLASSES REPRESENTED BY
THE SANTA ANA POLICE BENEVOLENT ASSOCIATION
TO SALARY RATE RANGES
FOR FISCAL YEARS 1983-84 AND 1984-85
SALARY RATE RANGES EFFECTIVE:
7-1-83 1-1-85
CLASS TITLE # (Min.-Max. ) # (Min.-Max. )
PERS SAFETY-MEMBER CLASSES
Police Officer •
466 (2027-2463) 476 (2128-2587)
Police Sergeant 501 (2402-2921) 511 (2523-3067)
PERS MISCELLANEOUS-MEMBER CLASSES
Animal Control Officer I 404 (1498-1820) 414 (1573-1911)
Animal Control Officer II 434 (1734-2107) 444 (1820-2212)
.Community Service Officer 379 (1327-1612) 389 (1393.4693)
Criminalist I 452 (1892-2299) 462 (1987-2414)
Criminalist II 485 (2223-2703) 495 (2334-2838)
Criminalist III 505 (2451-2980) 515 (2574-3129)
Criminalistics Laboratory Aide 311 ( 951-1156) 321 ( 998-1215)
Criminalistics Laboratory Supervisor. - 526 (2717-3302) 536 (2853-3467)
Evidence and Property Clerk 402 (1483-1802) 412 (1557--1892)
Forensic Specialist I 409 (1536-1866) 41.9 (1612-1960)
Forensic Specialist II 438 (1769-2150) 448 (1857-2257)
Parking Control Officer 369 (1264-1536) 379 (1327-1612)
Police Recruit 428 (1684-2048) 438 (1769-2150)
Police Service Officer 399 (1463-1778) 409 (1536-1866)
Police Services Dispatcher 424 (1651-2007) 434 (1734-2107)
Senior Forensic Specialist 465 (2017-2415) 475 (2118-2574)