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HomeMy WebLinkAboutSANTA ANA POLICE BENEVOLENT ASSOCIATION (7) q- r-102 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE BENEVOLENT ASSOCIATION FOR FISCAL YEARS 1979-80 AND 1980-81 INDEX Article No. Title of Article Pie 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 V:[ 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 Safety 29 XV Residency 30 XVI Discipline 30 XVII Grievance Review Procedure 31 XVIII Dues Deduction and Indemnification 33 XIX City Rights 33 XI: Strikes and. Work Stoppages 35 XXI Layoffs 35 XXII Sole and Entire Agreement 35 XXIII Waiver of Bargaining During the Term of this Agreement 36 XXIV Separability Provision 36 XXV Term of Agreement 36 XXVI Ratification and Execution 36 a �� ©� e�, ,s ue MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE BENEVOLENT ASSOCIATION 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 Patrol- man, Policewoman, Senior Police Officer, Police Sergeant, Senion Police Sergeant, (Police) Emergency Services Dispatcher, Animal Control man, Assistant Animal Control Man, Police Service Officer, Evidence and Property Technician, Community Service Officer, I.D. Technician, Assistant I.D. Technician, Criminalist, Assistant Criminalist, and Parking Control Officer and excludes all other non-sworn police department employees and sworn classifications of Police Lieutenant, Police Captain, Deputy Chief of Police and Chief of Police. ARTICLE II •-• NON-DISCRIMINATION CLAUSE Section 1. The City and Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations. 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 mascu- line 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) . -1- 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 consist of forty (4D) hours. • C. ' Study of 4-1D Plan. The parties will con- tinue to investigate the 'feasibility of operating the Depart- ment or portions thereof under a schedule where employees work four days per week, ten hours a day® 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. "Salaries. Salaries of affected employees during the term of this Agreement are listed in Exhibit A. -- Section 3. The salary and wage rate ranges shown in Exhibit "A shall constitute the basic compensation plan consisting of five (5) steps or rates' of -pay in each rate range. The 'respective 'rate' 'ranges are identified by number and the steps by the letters "A" to "E" inclusive. The columnar heads at the top of each column shall establish the purpose of each step and the -length of service required for advance- ment to the next higher step as provided in Section 7 hereof. -2- i I 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 '. ' Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as Step "A" in the salary rate range allocated to the class of employment for which he or she has been hired: In special instances where such new employee possesses unique and exceptional educational training and/or experience qualifications, the department head, under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "B" or Step "C" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification or employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. Section 6. "Service. The word "service" as used in this Agreement shall bedeemed 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 -3- reentering the service of the City shall be considered as a new officer or employee, except that he or she may be reemployed within two (2) years and may be placed in the same salary step in the appropriate salary 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 AdvanceMe'nts: 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 -4- 1 ( Y become effective until approved by the City Manager, except when placement on a salary step above Step "C" results from promotion under the provisions of Section 9 of this Article. C. Length of Service Required When Advancement Denied. When an officer or employee has not been approved for advancement to the next higher salary step, he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be 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 Reduction in Sal'aa 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 ladderihe or she shall be reassigned to Step "A" in. the appropriate salary rate range for the higher classificationftLroVided 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 la Demotion. When an officer or employee is demoted to a position in a lower classification, hie 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. -5- 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 IV herein: Patrolmen 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; and Police Sergeants who are continuously assigned to and actually performing duty in the Investiga- tion Division. 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 -6- 5: 00 p.m. and 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 criterial will be paid an additional 1% above their then current base monthly salary step: A. Assignment by the Chief of Police or his designee to a position requiring biligual capability in both Spanish and English; and B. Certified by the Director of Personnel as having satisfactorily demonstrated conversational fluency in both Spanish and English: Section 4 . All assignments to position set forth in Sections l 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 '$ 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 of "C" or better (when letter grades are given) ; or credited with a "Pass" (when evaluated by the "Pass/Fail" method) will be accepted. If such ratings are not rendered for a specific course, ,then a certificate of successful completion must be submitted. B. Training Units. Twenty (20) classroom hours or its equivalent of approved police training shall equal one unit. Regular, periodic on-the-job training programs shall be considered as fulfilling this requirement. -7- 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 he '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.T 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: (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. -8- (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 Patrolman 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 Pollee Officer '(:Terminal) . Any Patrolman 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 Patrolman 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 requirenients '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: -9- 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 S. Senior Felice Officer 'II. Any sworn, uniformed police officer who ful£zils 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 -10- 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. -11- 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. LEligibil'ity. 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. -12- 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 (100%) 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 -13- 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 a 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 otthe 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. -14- 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. 'Increme'ntal 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 -15- 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. S'ection' 'a.' 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. Employee s 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-Aut. Any employee covered by this Agreement who is recalled to active duty from off-duty, -16- 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. -17- 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 des- cribed in paragraph "A" of this section , provided that said em- ployee 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 of his designer. Section 16. Declaration of State of Emergency. Emergencies shall be governed by the provisions of Santa Ana Municipal Code Section 9-194. 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 llth - 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. -18- 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. 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 the date of this Agreement shall be granted regular vacation at the rate of 10 working days for each of his or her -19- first and second completed year of service , accrued at the rate of 6 2/3 hours for each completed month of service. Thereafter, all such employees shall also be granted the 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 his 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 -20- 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 80 B. No employee becomes eligible for longevity vacation until completion of the sixth year of continuous service , and each employee continues to earn the maximum of ten ( 10 ) working days (80 hours) of longevity vacation for each completed year of service in excess of twenty (20 ) years. C. A period of earlier service does not apply toward longevity vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9-114 of the Civil 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 1E (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. -21- 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 -22- 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 -23- 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 -24- cumulative 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 de- signated 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 hap- pening 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 ter- mination 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 -25- 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 of Santa Ana. B. Temporary. Members of the reserve forces of the United States , or the National Guard , granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, will be granted leave with pay not to exceed thirty ( 30 ) calendar days in each calendar year after one year's service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. Section 4 . Jury and Witness Leave. When an on-duty employee is called to serve as a juror or 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: -26=•- 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, 1000 of the premium; -27- B. With respect to employees who do have dependents included under the program, an amount equal to 90% of the total premiums applicable to the "family plan" covering said employees and their dependents. C. Notwithstanding the foregoing, with respect to employees hired after the effective date of this Agreement , the City will contribute toward the payment of premiums for health insurance on the following basis: (1) During the first year of employment, 100% of the pre- mium for "employee-only" coverage but no amount for dependent coverage.. The ',employee shall have the option to purchase depen- dent coverage under the Plans provided hereunder by personally paying the amount of difference between "employees-only" coverage and "family" coverage. ( 2) During the second year of employment, 100% of the pre- mium for "employee-only" coverage and 50% of the "additional amount" necessary to purchase "family" coverage, provided the employee purchases such family coverage. The employee shall be responsible for paying the remaining 50% of such "additional amount" . ( 3) After the completion of two years of service, the City shall contribute toward the payment of premium for health insur- ance in the same manner as provided for in A and B, above. 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; -28- B. With respect to non-sworn , "miscellaneous" 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 , 1979 . 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 Section 1. The terms of the existing contract between the City and P.E. R. S. governing the retirement benefits of employees covered by this Agreement 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. Section 2. To the extent permitted by Federal and State law and the City Charter, the City shall have the right to provide a reitrement plan for future employees. The plan may provide dif- ferent benefits then those available to existing employees at a lower cost the the City, which benefits shall equal those pre- vailing for equally compensated employees in private industry in Orange County. Said new plan may be provided to employees who will be hired after the plan is instituted, provided that prior thereto, the City Council shall: (a) Designate a committee of the City Council to study retirement plans which shall provide benefits equal to those prevailing for equally compensated employees in private industry in Orange County; (b) Select a plan which meets the cirteria set forth in paragraph ( a) above; and (c) Give notice of the plan to the Association and its members and cause the designated representatives of the Council to explain the plan to and receive input from the Association -29- representatives at least 60 days before the plan is instituted for employees hired after the date the plan is instituted. 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 and regulations governing personnel practices or working conditions of the City; except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by 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 foward it to his or her Division Commander without undue delay, or in no case, more than three (3 ) working days. B. The Division Commander, after study of the case, shall attach his decision and reasons therefore , and return them to the employee within three (3) working days after receipt of the written grievance. C. If no satisfactory settlement has been reached at the division level, the employee may, within six ( 6) working days after receipt of the Division Commander's decision and reason( s) therefore, 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. F. 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 XVIII - 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 XIX - 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 of 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 XX - 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 disci- 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 XXI - 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 , 1979 through June 30 , 1981. 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- this Agreement shall not be in full force and effect until rati- fied 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 4►442 day of u , 1979 . CITY OF SANTA ANA, a municipal corporation of -fed the State of California. : DATED: Sr . a t 1 By' '°� _�,. - ^ -` MAYOR (.-01 DATED: August 4 , 1979 By: ��-, a-- �� � Charles Goldstein, Esq. SANTA ANA POLICE BENEVOLENT ASSOCIATION DATED: S71-8 T /9 By: 1 ! ,.1J -(/,'ce , 'll°S" DATED: August 3 , 1979 By: - .�" �� __ � Attop iey for the Santa Ana Police Benevolent Association ATTEST: la ta-Adik,r , 5-4a2K OF THE COU IL r "-t1Calle APPROVED AS TO FO //./" ;: ( " V KEITH L. GOW, CITY ATTORNEY This Agreement has been ratified by the membership of the Santa Ana Police Benevolent Association. 9/j g.09 DATE: By: ' " ,) 2 -37- EXHIBIT A ASSIGNMENT OF CLASSES REPRESENTED BY THE SANTA ANA POLICE BENEVOLENT ASSOCIATION TO SALARY RATE RANGES Effective July 1, 1979 A. Effective July 1, 1979, the City shall pay to the Public Employee's Retirement System (P.E.R.S.) on behalf of each "safety-member" employee covered hereunder an amount equal to five-ninths (5/9th) of his or her individual employee retirement contribution and on behalf of each non-safety "miscellaneous-member" employee an amount equal to five-sevenths (5/7th) of his or her individual employee retire- ment 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 shall request an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation not ordinary income. In the event that the City receives a 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. Effective July 1, 1979, the base salary of employees in the classification of Emergency Services Dispatcher shall be adjusted upward by five percent (5.0%) (ten (10) salary rate ranges) . C. Effective as soon as practicable following the effective date of this Agreement, the City agrees to establish a new single-position classification of Property and Evidence Clerk at a salary rate range set eight percent (8.0%) (sixteen (16) salary rate ranges) higher than the salary rate range assigned to the existing class of Stock Clerk. D. Effective July 1, 1979, the base salary of each employee shall be increased by four percent (4%) (eight (8) salary rate ranges) and will result in the following: Basic Compensation Plan Applicable to Classes Represented by the Santa Ana Police Benevolent Association Effective July 1, 1979 APP'TMENT/AUTOMATIC STEPS* MERIT STEPS* Begin- After After After After ning 6 mos . 12 mos. 12 mos . 18 mos. CLASS TITLE RANGE STEP A STEP B STEP C STEP D STEP E SWORN, "SAFETY" CLASSES Patrolman 407 $1521 $1596 $1676 $1760 $1848 Policewoman 407 1521 1596 1676 1760 1848 Police Sergeant 442 1802 1892 1987 2086 2190 A-1 Basic Compensation Plan Applicable to Classes Represented by the Santa Ana Police Benevolent Association Effective July 1, 1979 continued APP'TMENT/AUTOMATIC STEPS* MERIT STEPS* Begin- After After After After ning 6 mos. 12 mos. 12 mos. 18 mos. CLASS TITLE RANGE STEP A STEP B STEP C STEP D STEP E NON-SWORN, "MISCELLANEOUS" CLASSES Animal Control Officer 375 $1301 $1365 $1434 $1506 $1580 Asst. Animal Control Officer 345 1123 1180 1239 1301 1365 Assistant Criminalist 426 1668 1751 1839 1930 2027 Asst. I.D. Technician 350 1151 1209 1269 1332 1399 Community Service Officer 320 994 1044 1096 1151 1209 Criminalist 457 1940 2037 2139 2246 2357 Emergency Services Dispatcher 355 1180 1239 1301 1365 1434 Property & Evidence Clerk (To be established) 333** 1059 1112 1168 1227 1288 I.D. Technician 379 1327 1393 1463 1536 1612 Parking Control Officer 310 947 994 1044 1096 1151 Police Service Officer 340 1096 1151 1209 1269 1332 *The purpose of each step and the length of service required for advancement to the next higher step within a salary rate range as set forth in the basic compensation plan are summarized as follows: A Step - Normal beginning pay rate B Step - Automatic increase after 6 months' service in next lower (A), Step. Also optional hiring rate. C Step - Automatic increase after 12 months' service in next lower (B) Step. Also maximum hiring rate. D Step - Merit increase after 12 months' meritorious service in next lower (C) Step. E Step - Merit increase after 18 months' meritorious service in next lower (D) Step. **To be effective as soon as practicable following the effective date of this Agreement. EFF. 7-1-80 D. Effective July 1, 1980, the base salary of each employee as adjusted above shall be increased by seven percent (7.0%) (14 salary rate ranges) . A-2 LETTER OF UNDERSTANDING AND AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE BENEVOLENT ASSOCIATION The City of Santa Ana and the Santa Ana Police Benevolent Association agree that the existing plan document for the self-insured, indemnity health insurance plan (UWACO- administered) provided by the City for its employees and their dependents will be amended to provide for the following changes: 1. That the wording of the Deductible Amount clause will be revised so as to ensure that the benefit will continue to be administered in the manner in which it is being currently administered. 2. That the following clause regarding pre-existing conditions will be added: "With respect to a sickness or accidental injury existing prior to becoming insured for these benefits, no expenses incurred will be considered Eligible Medical Expenses, and no benefits will be payable, except expenses incurred in connection with such sickness or accidental injury after: A. A period of at least three (3) consecutive months has been completed on or after the effective date of his or her insurance, during which time the Insured or Insured Dependent has incurred no expenses and received no medical treatment in connection with the sickness or accidental injury; B. A period of at least twelve (12) consecutive months has elapsed, during } which time the Insured or Insured Dependent has been continuously insured for these benefits; or C. A period of at least six (6) consecutive months has elapsed, with respect to an Insured only, during which time the Insured has been continuously insured for these benefits and has been continuously actively at work." 3. That the following clause regarding the individual stop-loss limit on out-of- pocket expenses will be added: "When an Insured or an Insured Dependent has incurred $500 in out-of-pocket expenses in a calendar year due to the 80% co-insurance feature of the plan, the plan will pay 100% of the excess on any expenses covered by the plan incurred during the remainder of that calendar year. This $500 limit is in addition to the required $100 deductible amount per person per year. Any out-of-pocket expenses applied against the $500 stop-loss limit by an Insured or Insured Dependent during the last three months of the calendar year shall be carried over and applied against the $500 stop-loss limit for the next succeeding Calendar Year. "Out-of-pocket" means the coninsurance amounts paid by the Insured or Insured Dependent." 4. That retired employees, with or without dependents, will be added to those eligible for coverage under the plan by amending the Eligibility for Coverage clause by adding the following: "All retired employees who were such on September 1, 1979 and who immediately prior to retirement were employees as described in paragraph A above, and all employees who retire after September 1, 1979 and who, immediately prior to retirement, were employees as described in paragraph A above." (Paragraph A of Plan Document) 5. That continuance of coverage for dependents of deceased retired employees may be made available for a two year period beyond the demise of the retiree by adding the following clause: "Dependents of deceased retired employees, within a two year period beyond the demise of the retired employee, may purchase this Plan by paying the current premium amount and conforming the eligibility requirement as set forth in the Plan Document." 6. That the Schedule of Medical Expense Benefits be amended to add the limit- ation of fity (50) visits per year to the benefit applicable to "psychiatric care received other than as a hospital in-patient." 7 . That the Schedule of Medical Expense Benefits be amended to add the limit- ation of twenty-six (26) visits per year to the benefit applicable to "chiropractic care" and treatment services. 8. That specific wording be added to the appropriate section(s) of the Plan Document to require that insured retired employees and their eligible dependents who are eligible to do so must purchase federal Medicare, Parts A and B, and that benefits for such retired employees and dependents must be coordinated with Medicare, Parts A and B. This Letter of Understanding and Agreement is supplemental to and a part of the Memorandum of Understanding executed by the authorized representatives of the City and the Association on August , 1979. 1 Dated: August 3, 1979 SANTA ANA POLICE BENEVOLENT ASSOCIATION 1 Dated: August 4, 1979 CITY OF SANTA ANA