HomeMy WebLinkAboutSANTA ANA POLICE BENEVOLENT ASSOCIATION (6) MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE BENEVOLENT ASSOCIATION
FOR FISCAL YEARS 1981-82 AND 1982-83
INDEX
Article No. Title of Article Page No.
I Recognition 1
II Nondiscrimination Clause 1
III Attendance, Workday and Workweek 1
IV Salaries 2
V Assignment and Other Special Pay Additives 6
VI Police Career Development Program 7
VII Training and Educational Assistance Program 12
VIII Overtime 14
IX Holidays 18
X Vacation 19
XI Other Leaves of Absence 22
XII Employee Insurance 27
XIII Retirement 29
XIV Promotional Procedures Review Committee 29
XV Safety 30
XVI Residency 30
XVII Discipline 30
XVIII Grievance Review Procedure 31
XIX Dues Deduction and Indemnification 33
XX City Rights 33
XXI Strikes and Work Stoppages 35
XXII Layoffs 35
XXIII Sole and Entire Agreement 35
XXIV Waiver of Bargaining During the Term of this Agreement 36
XXV Separability Provision 36
XXVI Term of Agreement 36
XXVII Ratification and Execution 36
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE BENEVOLENT ASSOCIATION
FOR FISCAL YEARS 1981-82 AND 1982-83
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 (hereinafter 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 Sergeant,
Animal Control Officer I and II, Assistant Criminalist, Community Service Officer,
Criminalist, 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, Police Commander 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 orgin, political
or religious opinions or affiliations. The City and the Association shall reopen
any provision of this Agreement for the purpose of complying with any order of a
Federal or State agency or court of competent jurisdiction requiring a modification
or change in any 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 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 consit of forty (40)
hours .
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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 assignment 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 Schedule. The basic salary schedule, attached
hereto in a matrix format as Exhibit A, and made a part hereof as though set forth
in full herein, provides numerous salary rate ranges, each comprised of 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 parti-
cular salary rate range are set forth in Section 7 below.
Section 3. Salaries
A. Effective July 1, 1981, the base salaries of employees covered
by this Agreement shall be increased by twelve percent (12%) (24 salary rate
ranges) .
B. Effective July 1, 1981, the base salaries of employees in the
classes of Evidence and Property Clerk and Police (Emergency) Services Dispatchers
shall be increased an additional five percent (5%) (10 salary rate ranges) above
the increase granted in subsection A above.
C. Effective July 1, 1982, the base salary of each employee as
adjusted above shall be increased by eight percent (8%) (16 salary rate ranges) .
The assignement 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.
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Section 4 . Application of Basic Compensation Plan.
The salary rate ranges and steps contained in Section 3
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 employ-
ment. 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
even cent and a computation resulting in an even one-half
cent shall fix the rate at the next higher even 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 j
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 ten (10) calendar days by reason of resignation,
quit, or discharge, shall serve to eliminate the accumulated
length of service time of such officer or employee for the
purpose of this Agreement and any such officer or employee
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reentering the service of the City shall be considered as a
new officer or employee, except that he or she may be reemployed
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within two (2) years and may be placed in the same salary
step in the appropriate salary rate range as he or she was
at the time of terminiation 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 competion of
the length of service required for such advancement as
provided in Section 3 hereof.
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 3 hereof; 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 Director
of Personnel 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 his 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 of the merit increase and supporting such recommendations
with specific reasons therefor. The officer or employee
shall be notified by the Chief of Police as to such recom-
mendations and shall be informed of the reasons therefor.
(3) No advancement in salary above Step "C" shall
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i approved bythe CityManager, except
become effective until pp 9
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
reconsidred 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 Steps. Any officer or
employee who is being paid on a salary step higher than Step
"C" may be reduced by one or more steps, but not lower than
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 additives such as careeer
development or educational incentive pay, but excluding
shift differential, 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 provisons:
A. The salary rate shall be reduced by at least
one (1) step.
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B. The new salary rate must be within the appro-
priate 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 considred a
reduction in pay in addition to the demotion and shall be
handled in accordance with the provisions for salary reduc-
tions. (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
previous held in the prior rate range and shall retain
credit for length of service in such step towards advance-
ment to the next higher step.
ARTICLE V - ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
Section 1 . Assignment Pay Differential. The following employees will
be paid an additional five percent (5%) (ten salary rate ranges) above their
then current base monthly salary, unless they are receiving additional pay as a
result of any provision of the Police Career Development Program set forth in
Article VI herein:
Police Officers who are continuously and regularly assigned to and
actually performing duties as: Accident Investigators, Background Investigators,
Hispanic Affairs Officers, Community Relations Officers, Field Training Officers,
Training Officers (Personnel and Training Section) , Investigators, Research
and Planning Officers, Traffic Safety Officers, or Motorcycle Officers on two-
wheeled motorcycles; Police Sergeants who are continuously assigned to and
actually performing duty in the Investigation Division; and Police Services
Dispatchers who are continuously and regularly assigned to and actually
performing in a lead supervisory and trainer capacity over an assigned shift of
Dispatchers.
Section 2. Shift Differential, Non-Sworn Personnel. An employee in the
class of Emergency 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
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7 : 00 A.M. will be paid a shift differential of an additional 2 . 5%
(5 salary rate ranges) above his or her then current base monthly
salary step .
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 seventy-five dollars ($75 . 00)
during Fiscal Year 1981 -82 and one hundred dollars ($100 . 00) during
Fiscal Year 1982-83 :
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 Director of Personnel 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 .
ARTICLE VI - POLICE CAREER DEVELOPMENT PROGRAM
Section 1 . Definitions
For the purpose of clarifying the criteria for the Police
Career Development Program designations set forth in Sections 4
through 8 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 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 "C" or better Cwhen
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 be considered as fulfilling
this requirement .
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Neither the special training set out for Crime Scene Investigators,
Field Training Officers 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 Division,
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
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.
Section 2 . C. S. I and F.T.O. (Terminal)
A. Crime Scene Investigator (C.S. I . ) . Any
sworn, uniformed Police Officer who attains the following
eductional and experience requirements and the approval as
set out below shall be paid an additional two and one-half
percent (2. 5%) (5 salary rate ranges) above his or her then
current base monthly salary step. The criteria for such
designation shall be as follows :
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(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 uniformed field patrol duty in Field
Operations Division 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 by the Police Chief .
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(5) Approval of the Police Chief.
The number of such designations as C. S.I . shall be
no larger than the requirements of the department as determined
by the Police Chief.
B. Field Training Officer F.T.O. (Terminal)
As of the effective date of this Agreement,
any such police officer so designated as F . T.O.- shall continue in
said designation and continue to be paid an additional two
and one-half percent (2 . 5%) (five salary rate ranges) above
his or her then current base monthly salary step, until he
or she is eligible for and assigned to an active higher
level designation described below or until such time as he
or she shall be removed from the designation of F.T.O. by
action of the Chief of Police; however, no further assign-
ment of police personnel shall be made to the F.T.O. desig-
nations as established under provisions of the Police Career
Development Program in effect prior to the effective date of
this Agreement.
Section 3 . Senior Police Officer (Terminal) . Any
police officer designated as a Senior Police Officer prior to
July 1, 1968 under provisions of the original career develop-
ment program and still assigned such designation by the
Chief of Police, shall be paid an additional five percent
(5%) (10 salary rate ranges) 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 desig-
nation 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 assign-
ment of police personnel shall be made to the Senior Police
Officer designation established by Resolution of Council in
October, 1964 .
Section 4 . Senior Police Officer I. Any sworn,
uniformed police officer, (including motor officers) who
fulfills the requirements established in this section shall
be designated as a Senior Police Officer I and shall be paid
an additional seven and one-half percent (7 . 5%) (fifteen
salary rate ranges) above his or her then current base
monthly salary step. The criteria for such designation
shall be as follows:
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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. Assignment to uniformed patrol duty in Field
Operations Division.
D. Approval of the Chief of Police.
Section 5. Senior Police Officer II. Any sworn,
uniformed police officer who fulfills the requirements
established in this section shall be designated as a Senior
Police Officer II and shall be paid an additional twelve and
one-half percent (12. 5%) (twenty-five salary rate ranges)
above his or her then current base monthly salary step. The
criteria for such designation shall be as follows:
A. Completion of seven (7) 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 ninety
(90) educational and/or training units; or possession of an
Associate of Arts degree from an accredited college with an
additional fifteen (15) or more educational or training
units.
C. Assignment to uniformed patrol duty in Field
Operations Division.
D. Approval of the Chief of Police.
Section 6. Senior Police Officer III. Any sworn,
uniformed police officer who fulfills the requirements
established in this sectional shall be designated as a
Senior Police Officer III and shall be paid an additional
fifteen percent (15%) (30 salary rate ranges) 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 the "E" step of the base
salary rate range for the Patrolman classification.
B. Completion (acquisition) of at least one
hundred twenty (120) education and/or training units; or
possession of an Associate of Arts degree from an accredited
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college with an additional sixty (60) or more educational or
training units.
C. Assignment to uniformed patrol duty in Field
Operations Division.
D. Approval of the Chief of Police.
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 an additional
seven and one-half percent (7. 5%) (15 salary rate ranges)
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 an additional
ten percent (10%) (20 salary rate ranges) above his or her
then current base monthly salary step. The criteria for
such designation shall be as follows :
A. Completion of eight 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 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 9. 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.
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ARTICLE VII - TRAINING AND EDUCATIONAL ASSISTANCE 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.
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 a 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 course. If objective
ratings are not rendered for a specific course, then a
certificate of successful completion must be submitted.
F. Approval will be limited to courses given by
accredited colleges and universities, city colleges or adult
education courses under the sponsorship of the Board of
Education. Workshops, seminars, conferences and similar
activities not identifiable as a formal course of instruction
within the curriculum of a recognized educational institution,
do not fall within the purview of this program but may be
authorized and funded by the interested department without
coordination with the Personnel Department.
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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 depart-
mental library in order that such text (s) may be made available
to all employees.
C. Tuition or registration costs of twenty-five
dollars ($25 . 00) or less are eligible for one hundred percent
(1000) reimbursement. Tuition costs in excess of twenty-
five dollars ($25. 00) are eligible for seventy-five percent
(75%) reimbursement. Maximum tuition reimbursement per
semester is one hundred twenty-five dollars ($125. 00) .
NOTE: Summer session shall be counted as a separate "semester"
for purposes of this program.
D. Employees shall be limited, for purposes of
tuition reimbursement, to a maximum of two (2) collegiate
level courses of not more than a total number of units which
is equivalent to six (6) "semester" units per semester. One
(1) "quarter" unit shall equal two-thirds (2/3) of one (1)
"semester" unit.
Section 4 . Procedures
A. An employee who desires to seek tuition
reimbursement under the provisions of this Article must
complete, in duplicate, an Application for Training and
Educational Assistance form and submit it to his/her department
head.
B. The department head will recommend approval
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or disapproval and forward the application to the Director '
of Personnel .
C. The Director of Personnel 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 Department. 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 personal funds.
D. The employee will submit his copy of the
approved application to the Personnel Department 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
Department within three months following completion of the
course become void.
E. Upon receipt of the application and required
documentation, the Personnel Department will determine
whether the completed course of instruction is compatible
with the provisions of Sections 2 and 3 of this Article. If
found to be compatible, the Personnel Department 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 a duly
authorized representative of the City Manager or Chief of
Police, may require an employee to perform overtime work.
Section 2. 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 employee' s
regular workday shall not be considered overtime.
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Section 3. Computation of Forty (40) Hour Workweek.
In computing a regular workday and/or workweek, paid leave
for holidays, sickness, vaction, and other time off with pay
shall be credited towards the total.
Section 4 . Compensation for Overtime.
A. With respect to sworn, "safety" police per-
sonnel, the first thirty-two (32) hours of overtime worked
by any of the employees covered by this Agreement shall be
compensated at the rate of one and one-half (1 1/2) times
the employee ' s regular rate of pay, in paid compensatory
time off. No sworn, "safety" employee covered by this
Agreement shall be entitled to receive a cash payment for
overtime work until he or she shall have accumulated more
than forty-eight (48) hours of overtime and unused compen-
satory time off benefits.
B. With respect to non-sworn, "miscellaneous"
members of the Association:
(1) 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.
(2) 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 over-
time 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.
(3) Eligible employees may convert time and one-half
(T 1/2) paid overtime to time and one-half (T 1/2) compen-
satory 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 accumu-
lation of sixty (60) hours of earned, unused compensatory
time off benefits.
(4) 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.
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
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•
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 on Other Benefits. Overtime work
shall not apply to the earning of employee benefits (retire-
ment, holidays, vacation accrual, sick leave accrual and
employee insurance benefits) , toward the completion of
probationary period or to progression with a salary rate
range.
Section 8. 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 10. Employees Excluded From Overtime. Employees
who work on a 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.
Section 11. Compensation for Overtime; Other 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, conference, 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,
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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 13 . Accrued Overtime Paid Upon Promotions or
Upon 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
appearances 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 attendance to initiate payroll
procedures. Such employee may not receive time off with pay as
compensation for overtime accrued as a result of court appear-
ances .
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 representa-
tive. 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 employee shall be compensated two 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 appear-
ance.
C. Notwithstanding sub-sections A and B, supra, when-
ever 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.
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Section 15. Creation of Compensation Time Bank.
A. Any member of the association who works overtime can designate
that he or she will contribute the value of such time worked 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. Compensation 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 sfiall be
compensated at the rate of one and one-half (11/2) 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 pay rate the City considers to be appropriate.
ARTICLE IX - HOLIDAYS
Section 1. Legal holidays observed by full-time permanent and probationary
employees of the City of Santa Ana 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.
* One (1) Floating Holiday - Any workday selected by the employee with prior
permission of the employee's supervisor.
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* 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 ten ( 10 )
working days off during the calendar year in lieu of the holiday
benefits specified in Section 1 , supra.
Said substitute 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
holidays actually occur, he/she must pay the City the cash value
for such used by 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 holi-
day 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 compen-
sation for 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) 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 . Regular Vacation 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 , accrued 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
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year of service , ac ued at the rate of 6 2/3 h irs 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 on year' s ser-
vice 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 hip or her earned vacation , subject to scheduling approval of
the employee' s supervisor.
D. Absence on sick leave for a period of 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
additional day of regular vacation shall be allowed to the em-
ployee unless departmental practice provides some other manner of
compensating for municipal holidays. Should an employee be con-
fined 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 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
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regard for the wishes of the employee and particular regard for
the needs of the service.
Section 3 . 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 of 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 BO
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 Ser-
vice Rules and Regulations , or by reemployment from layoff within
two (2) years.
D. Leave of absence without pay, as provided in
Article XI , Section lE (Sick Leave-Extended ) and Section 8 (Auth-
orized 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 accumula-
tion of longevity vacation. Absence on military leave followed
by reinstatement, as provided in Section 9-116 of the Civil Ser-
vices Rules and Regulations , does not constitute a break in ser-
vice , and the period of absence on such military leave shall be
applied toward the accumulation of longevity vacation.
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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 com-
bination of the vacations granted in these rules and regulations .
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 pre-
vious 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 of salary payment.
ARTICLE XI - 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 con-
tagious disease.
All "safety member" employees hired after the date of this
Agreement and all persons employed as "safety members" by the
City as of the date of this Agreement 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 the date of this Agree-
ment 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
employed as "safety members" by the City as of the date of this
Agreement 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 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
•
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•
one 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. Not-
withstanding the foregoing , employees on leave of absence for
service-connected illness or injury who are covered by the pro-
vision of Labor Code Section 4850 , shall continue to accumulate
one 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 many 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" employee' s 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 , paid sick leave shall be allowed to such employee
beginning with the first full calendar day such employee is absent
from duty for such reason , and shall continue until the first day
when the employee is paid Workers' Compensation benefits by the
City for such illness or injury and if the total temporary dis-
ability continues the length of time required to pay him compensa-
tion for the first three (3 ) full days of disability, three (3 )
days of sick leave deducted shall be recredited. If the employee
has no accumulated sick leave at the commencement of such indus-
trial illness or injury, sick leave shall be advanced for the
foregoing purpose , and deduction equal to the amount thereof
shall be made from any sick leave subsequently accrued by the
employee until the total amount so advanced has been recovered.
If the employment of any such employee who has had sick leave so
advanced should be terminated prior to recovery of the amount of
sick leave so advanced , the unrecovered cost thereof shall be
deducted from such employee' s final paycheck, to the extent possible.
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. Extended. The City Manager may grant leave up to
six (6 ) months without pay to an employee who has exhausted all
of his accrued sick leave if the City physician or a licensed
physician designated by the City Manager indicates that the em-
ployee will be sufficiently recovered to return to his employment
within a six ( 6 ) months' period. Prior to the expiration of the
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additional time, the employee may return to his position provided
that he has a certificate from one of the above mentioned physicians
stating that the employee is able to perform all the duties of
his position without qualification . In addition to the above ,
the City Manager may grant a further extension not to exceed a
total of one year without pay.
F. Extension by use 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 either prior to or within four
( 4 ) hours after 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 department head a physician ' s
certificate stating the cause of illness and that , in the physi-
cian' 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 director of personnel with the report of the
return of the employee to work.
A physicians' certificate or other satisfactory written
evidence of actual illness or injury may be required after an
absence of any duration less than three (3 ) days.
H. Denial. No employee shall be entitled to sick
leave with pay while absent from duty because of sickness: or
injury purposely self-inflicted or caused by wilful misconduct;
or sickness or disability sustained while engaged in employment
other than employment by the City, for monetary gain or other
compensation, or by reason of engaging in business or activity
for monetary gain or other compensation.
I . Excess Usage. If sick leave is used in excess of
that due and available to an employee , such excess sick leave
will , first , be deducted from any available compensatory time off
benefit; second , from any available vacation leave benefit; finally ,
deducted from the next scheduled wage or salary payment.
J. Personal Necessity Leave. Each employee shall be
afforded the opportunity to use 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 member 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
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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 employees 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 employee may convert any lump sum payment
provided herein into health insurance premiums, to the extent necessary to
provide the employee and his or her designated eligible dependents, if any, with
benefits under the health insurance program maintained by the City. The City's
obligation to pay such premiums shall terminate 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.
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 3. Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted
military leave if he/she furnishes the Director of Personnel 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 ofSanta Ana.
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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 frog
such temporary active duties.
Section 4 . Jury and Witness Leave. When an on-duty employee
is called to serve as a juror or 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 the
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 . Unauthorized Absence. Unauthorized absence from
duty for any duration of time may be considered cause for 'dismissal.
Absence from duty without leave for five (5 ) consecutive working
days shall be deemed a resignation from the service; provided ,
however , if upon return to duty the person so absenting himself
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 auth-
orized by the department 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 judgement of the department head they
serve the best interest of the City.
Section 8. Authorized Absence Without Pay - Long Term.
Upon receipt of a written request from an employee having permanent
status plus action by the department head recommending approval
of the request , the City Manager may grant a leave of absence for
up to six (6) months for the following reasons only, except as
otherwise provided in these rules:
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A. Illness of the employee , or of a member of his
immediate family residing in the employee' s household , requires
that the employee move from the vicinity of the City as a re-
medial 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 munici-
pality 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 employment with the City of
Santa Ana.
An employee returning to duty with the City shall in-
form the department head and Director of Personnel of his inten-
tion 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 de-
partment head will take steps necessary to restore the employee
to his former position.
Section 9 . Industrial Leave.
A . Each "safety-member" employee covered by the pro-
visions 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 industrial illness for which he or she is
entitled to receive compensation shall not be considered a break
in continuous service for the purpose of his or her right to
salary adjustment or to the accural of vacation and seniority.
ARTICLE XII - EMPLOYEE INSURANCE
Section 1. Health Insurance. The City shall contribute the
following amounts toward the payment of premiums for affected
employees and their dependents under the existing health insur-
ance program (or a new program providing substantially similar or
improved coverage and benefits selected in accordance with pro-
cedures in effect on the effective date of this Agreement) :
A. With respect to employees who do not have dependents
included under the program, 100% of the premium;
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B. With respect to employees who do have dependents included under
the program, the City will contribute toward the payment of premiums for
health insurance on the following basis:
(1) For employees who have less than one year of full-time
service, an amount equal to 100% of the premium for "employee-only" coverage
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 plan" coverage.
(2) For employees who have completed one year of full-time
service; an amount equal to 90% of the total premium applicable to the "family
plan" coverage.
(3) Notwithstanding the foregoing, 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, tht
City will contribute an amount equal to 90% of the total premium applicable to
the "family plan" coverage as soon as such employees are eligible for such
coverage after the date of their appointment/reappointment.
Additionally, the City will apply said 90% premium payment benefit, retroactive
to July 1, 1981 , to any such lateral transferee or reappointee appointed/
reappointed within the two-year period preceding the effective date of this
Agreement who had family plan coverage on July 1, 1981 .
Section 2 . Dental Insurance. The City agrees to contribute
the following amounts toward the payment of premiums for dental
insurance plans provided by the City for employees covered by
this Agreement and their eligible dependents ;
A. With respect to sworn , "safety" police personnel ,
up to a maximum of fifteen dollars and thirty-two cents ($15 . 32 )
per month per employee.
B. With respect to "miscellaneous" employees, up to a
maximum of twelve dollars ( $12. 00) per month per employee .
C. Any contribution necessary to maintain benefits
under said dental plans in excess of the amounts set forth above
shall be borne entirely by the employee.
Section 3 . Long-Term Disability (L.T.D. ) Insurance. The
City shall continue to 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" police personnel ,
up to a maximum of six dollars ($6.00 ) per month per employee;
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G
B. With respect to non-sworn, "miscellaneous'L.member employees, up
to a maximum of two dollars ($2.00) per month per employee;
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 5. Life Insurance. The City shall maintain in effect for the
term of this agreement its existing life insurance plans covering employees covered
by this Agreement on the same basis as its plans are offered to employees as of
June 30, 1981.
Section 6. 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.
ARTICLE XIII - RETIREMENT
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.
ARTICLE XIV - PROMOTIONAL PROCEDURES REVIEW COMMITTEE
On November 1, 1981, the Chief of Police shall convene a study committee
comprised of four (4) representatives appointed by the Chief of Police and three
(3) representatives appointed by the Association for the purpose of having said
committee review and make recommendations to the Chief of Police on or before
December 1, 1981, regarding policies and procedures to be utilized in the conduct
of future examinations for promotion to the class of Police Sergeant.
The Chief of Police shall give due weight and consideration to the recommen-
dations of the study committee before developing and promulgating policies and
procedures for such future examinations. The Chief of Police shall complete his
review by February 1, 1982, and shall submit his recommended policy change(s), if
any, to the appropriate authority with a copy of said recommendations to the
Association. Said policies and procedures shall not be in conflict with the pro-
visions of the Charter or Civil Service Rules and Regulations of the City and will
be subject to the approval of the City Manager and the meet and confer requirements
of Article XX of this Agreement prior to their implementation.
Association representatives of the Committee shall be given the necessary
release time from their normally assigned duties without loss of compensation or
privileges to attend committee study sessions.
The time limits contained in this Article may be modified by the mutual
consent of the parties.
- 29 -
ARTICLE XIV - 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 XV - RESIDENCY.
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 re-
quest 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 XVI - DISCIPLINE
Section 1 . Any 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 Section 1008 of
the City Charter and Municipal Code Sections 9-9 , 9-10 , 9-118 . 1
et seq.
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 deter-
mined by the Department Head , the City Manager , Personnel Board
or a court of competent jurisdiction , that cause did not exist
for the ordered absence, the employee shall have restored to him
any paid leaves of absence against which such absence may have
been charged, and he shall be granted a retroactive leave of
absence with pay for the time during which he was prohibited from
performing the duties of his position, less any compensation paid
to him by the City during such ordered absence.
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
-30-
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 , sus-
pension , or discharge had not been invoked. However , in no event
shall an employee be entitled to any salary or credit for vaca-
tion and sick leave for any period of time covered by a suspen-
sion 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 posi-
tion , such sum shall be deducted from the salary otherwise pay-
able to him pursuant to this Section.
ARTICLE XVIII - 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 sand
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 provision 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 Re-
view Procedure.
Section 2 . Informal Process.
A. An employee must first attempt to resolve the griev-
ance 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 griev-
ant 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 re-
sponsive , both parties involved shall expedite this process. If,
within five (5 ) working days , a mutually acceptable solution has
not been reached at the informal level , the employee shall then
set forth the grievance in writing , indicate the nature of the
action desired, sign it , and submit it in duplicate to his or her
immediate supervisor. At this point , the grievance review pro-
cess becomes formal. Should the grievant fail to file a written
-31-
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.
Section 3 . Formal Process .
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 considers
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 then.
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 correspondence , 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 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 grivance 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 of 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 of the 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 bar to the grievance , and the griev-
ance 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
-32-
•
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
personnel jacket maintained in the City Personnel Department.
G. After the procedure set forth 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 lawsuites instituted by a member or members
of the Association arising out of the deductions or transmittal
of such funds to the Association, except the intentional failure
of the City to transmit , to the Association , monies deducted from
the employees pursuant to this Article.
•
ARTICLE XX - CITY RIGHTS
Section 1 . The City reserves , retains , and is vested with ,
solely and exlusively, all rights of Management which have not
been expressly abridged by specific provision of this Agreement
or by law to manage the City , as such rights existed prior to the
execution of this Agreement. The sole and exclusive rights of
Management , as they are not abridged by this Agreement or by law,
shall include but not be limited to the following rights :
A. To manage the City generally and to determine the
issues of policy.
B. To determine the existence or non-existence of
facts which are the basis of the Management decision.
C. To determine the necessity of organization of any
service or activity conducted by the City and expand or diminish
services.
D. To determine the nature , manner , means, and tech-
nology, and extent of services to be provided to the public.
•
E. Methods of financing.
F. Types of equipment or technology to be used.
-33-
G. To determine and/or change the facilities, methods,
technology, means , and size of the work force by which the City
operations are to be conducted.
H. To determine and change the number of locations ,
relocations , and types of operations , processes , and materials to
be used in carrying out all City functions including but not
limited to the right to contract for or subcontract any work or
operation of the City.
I . To assign work to and schedule employees in accord-
ance 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-disciplinary reason , subject to the provisions of
the City Charter , Municipal Code, federal and state law and this
Agreement .
K. To establish and modify productivity and perform-
ance programs and standards.
L. To discharge , suspend, demote , or otherwise dis-
cipline employees for proper cause in accordance with the pro-
vision and procedures set forth in the City Charter and Santa Ana
Municipal Code.
M. To determine job classifications and to reclassify
employee.
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 in-
cluding but not limited to quality and quantity standards and to
require compliance therewith.
Q. To maintain order and efficiency in its facilities
and operations.
R. To establish and promulgate and/or modify rules and
regulations to maintain order and safety in the City which are
not in contravention with this Agreement.
S. To take any and all necessary action to carry out
the mission of the City in emergencies.
Section 2 . Except in emergencies , or where the City is
required to make changes in its operations because of the re-
quirements of law, whenever the contemplated exercise of Manage-
ment' s rights shall impact on a significant number of employees
-34-
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 ex-
ercising such rights , unless the matter of the exercise of such
rights is provided for in this Agreement.
Section 3 . During the term of this Agreement , no employee
covered by this Agreement shall suffer a reduction in wages ,
hours or other economic compensation for which he or she is eli-
gible and which he or she enjoyed prior to entering into this
Agreement.
ARTICLE XXI- STRIKES AND WORK STOPPAGES
Section 1 . Prohibited Conduct .
A. The association, its officers , agents , representatives ,
and/or members agree that during the term of this Agreement , they
will not cause or condone any unlawful strike , walkout, slowdown,
sick-out, or any other unlawful job action by withholding or
refusing to perform services.
B. Any employee who participates in any conduct pro-
hibited 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 diFci-
plinary actions available to the City , if the Association fails ,
in good faith, to perform all responsibilities listed below in
Section 2 , Association Responsibility, 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.
Section 2. Association Responsibility. 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
1 "A" , and return to work.
ARTICLE XXII- LAYOFFS
The City shall follow and adhere to the City Charter provision
regarding layoffs set forth in Section 1009 of the City Charter.
ARTICLE XXIII - SOLE AND ENTIRE AGREEMENT
Section 1 . It is the intent of the parties hereto that the
provisions of this Agreement shall supersede all prior agreements
-35-
•
and memoranda of agreement , or memoranda of understanding , or
contrary salary and/or personnel rules and regulations or admin-
istrative codes , provisions of the City, oral and written , ex-
pressed 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 2 . The City will continue to administer its employee
relations and its personnel policies and procedures in accordance
with duly-adopted ordinances and resolutions and the affected
employees will continue to be governed thereby during the term of
this Agreement.
ARTICLE XXIV - WAIVER OF 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 there-
to, 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 in-
operative, 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 .
VALUE XXVI - TERM OF AGREEMENT
The term of this Agreement shall be from July 1 , 1981 through
June 30 , 1983 .
ARTICLE XXVII - 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 resolu-
tion which will provide for the changes contained in said joint
recommendations. The City and the Association acknowledge that
-36-
BASIC SALARY AND NAGI SCFERILl. EXHIBIT A
•
The City's basic salary and wage schedule provides for a number of ranges of pay l...rs (salary rate rang,rl ea...
comprised of five pay steps or rates. The salary rate ranges are identified by.a three-digit number and the steps,
by the letters A to E inclusive. For non-management employees, the purpose of each step and the length of service
required for advancement within the rate range are surnamed as follows:
A Step - Norma] beginning pay rate.
B Step - Automatic Increase - After 6 mos.' service in next lower step.
Also optional hiring rate.
C Step - Automatic Increase - After 12 mos.' service in next lower step.
Also maximum hiring rate.
D Step - Meritte - After 12 mos.' service in next lower step.
E Step - Merit Rate - After 16 mos.' service in next lower step.
In the following salary schedule matrix, each salary range is identified by a three-digit number. The first twc
digits are listed in the first vertical column on the left and the third digit is listed horizontally across the
top and identifies the appropriate column. This three-digit range number locates "A" step of the range and steps B,
C, D and E are found in the column directly below "A" step. For example, "A" step of Range No. 301 is found to be
$906 by moving down the left column (Range No.) to the number 30 (the first two digits of the Range No.), then
horizontally to column l (the third digit of the Range No.). The "A" step of $906 has the remaining steps shop.-.
directly below, thus the full, five-step range is 906-951-996-1049-1101. In the same manner, Range No. 355 is found
to be 1160-1239-1301-1365-1434.
SALARY' SCHEDULE MATRIX
0 ] 2 3 4 5 6 7 8 9
30 902 906 911 915 920 924 929 934 938 943
31 947 951 956 961 966 970 975 980 985 990
32 994 998 1003 1008 1014 1019 1024 1029 1034 1039
33 1044 1C49 1054 1059 1065 1070 1075 1081 1066 1091
34 1096 1101 1106 1112 1118 1123 1129 1134 1140 1146
35 1151 1156 1162 1166 1174 1180 1185 1191 1197 1203
36 1209 1215 1221 1227 1233 1239 1245 1251 1256 1264
37 1269 1275 1281 1288 1294 1301 1307 1314 1320 1327
38 1332 1338 1345 1352 1356 1365 1372 1379 1386 1393
39 1399 1405 1413 1420 1427 1434 1441 1446 1455 1463
40 1469 1476 1483 1491 1498 1506 1513 1521 1526 1536
41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612
42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693
43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778
44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866
45 1874 1883 1692 1902 1911 1921 1930 1940 1950 1960
46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2056
47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160
48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268
49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381
50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500
51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626
52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758
53 2769 2782 2796 2810 2824 2838 2653 2867 2881 2896
54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040
55 3052 3067 3062 3098 3113 3129 3144 3160 3176 3192
56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352
57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519
58 3533 3550 3568 3586 3604 3622 3640 365E 3676 3695
59 3710 372B 3747 3765 3784 3603 3822 3841 3861 3860
60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074
61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278
62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493
63 4511 4533 4556 4579 460] 4624 4648 4671 4694 4718
— Al —
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 7th day of Se feix jv
1981 . d
CITY OF SANTA ANA, a municipal
corporation of the State of
Cal-ifornia .
DATED: October 26 ,1981 By : (etqlt'Gr'/Z_ee--c-A--/
GORDON BRIG , MAYOR
DATED : /V By : .�`.
Charles Goldstein, Esq .
SANTA ANA POLICE BENEVOLENT
ASSOCIATION
C�
DATED : j0 —�/--c�'/ By : sc
;"��
DATED : Z- / f/ By : // ,
DATED: /Q)-Zf-g) By :
ATTEST :
ERK OF THE COUNCIL
APPROVED AS TO FORM:
&ward f?. CorI`rvv
CITY ATTORNEY - g ---M C a�
f ('4
This Agreement has been ratified by the membership of the Santa
Ana Police Benevolent Association on S� -fe`rrbpr 22 /46./
DATE: /0 - •2/- r3'/ By :
President P .B .A.
-37 -
EXHIBIT B
ASSIGNMENT OF CLASSES REPRESENTED BY
THE SANTA ANA POLICE BENEVOLENT ASSOCIATION
TO SALARY RATE RANGES
A. The City shall pay to the Public Employee ' s Retirement System
(P . E.R. S . ) on behalf of each affected "safety-member" employee
covered under the 2% at Age 50 Formula an amount equal to five
ninths (5/9ths) of his or her individual employee retirement
contribution and on behalf of each affected "safety-member"
employee covered under the 2% at Age 55 Formula (effective on
and after October 1 , 1981) and each affected non-safety
"miscellaneous-member" employee an amount equal to five-sevenths
(5/7ths) of his or her individual employee retirement contribution .
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 requested an opinion or ruling
from the Internal Revenue Service confirming that these payments
are deferred compensation not ordinary income . As of the effective
date of this Agreement , the City has not received the requested
ruling from the I .R. S .
In the event that the City receives a ruling from the Internal
Revenue Service that such payments are ordinary income of the
employees instead of deferred compensation, the City' s obligation
to make such payments shall discontinue and in place thereof the
base salary of each said employee shall forthwith be increased by
five percent (5 . 0%) (Ten (10) salary rate ranges) .
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.
B. The City' s Basic Compensation Plan (Resolution No . 58-281 , as
amended) will be further amended so that the following classes of
employment shall be allocated to the various salary rate range
numbers on the effective dates as set forth below:
SALARY RATE RANGES EFFECTIVE :
7-1-81 7-1-82
CLASS TITLE # (Min . -Max . ) # (Min . -Max . )
PERS "SAFETY-MEMBER" CLASSES
Police Officer 445 (1830-2223) 461 (1977 -2402)
Police Sergeant 480 (2169- 2637) 496 (2346-2853)
- B1 -
EXHIBIT B
SALARY RATE RANGES EFFECTIVE :
7-1-81 7 -1-82
CLASS TITLE N (Min . -Max . ) H in . ax . )
PERS "MISCELLANEOUS-MEMBER" CLASSES
Animal Control Officer I (a) 383 (1352-1643) 399(1463-1778)
Animal Control Officer II (b) 413 (1565-1902) 429 (1693- 2058)
Assistant Criminalist 464 (2007-2493) 480 (2169 -2637)
Community Service Officer 358 (1197 -1455) 374 (1294-1573)
Criminalist 495 (2334 - 2838) 511 (2523-3067)
Evidence and Property Clerk 381 (1338-1627) 397 (1448-1760)
Forensic Specialist I 388 (1386-1684) 404 (1498-1820)
Forensic Specialist II 417 (1596-1940) 433 (1725-2097)
Parking Control Officer 348 (1140-1386) 364 (1233-1498)
Police Recruit 407 (1521-1848) 423 (16:43-1997)
Police Service Officer 378 (1320-1604) 394(1427-1734)
Police Services Dispatcher (c) 403 (1491-1811) 419 (1612-1960)
Senior Forensic Specialist 444 (1820-2212) 460 (1968-2391)
(a) Title changed from Assistant Animal Control Man
(b) Title changed from Animal Control Man
(c) Title changed from Emergency Services Dispatcher
- B2 -