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HomeMy WebLinkAboutSANTA ANA POLICE BENEVOLENT ASSOCIATION (8) EJC: ar lg•1 ,Lk 10/1/78 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE BENEVOLENT ASSOCIATION, A Recognized Employee Organization This Memorandum of Understanding is entered into with reference to the following facts: A. The Santa Ana Police Benevolent Association (hereinafter referred to as the "Association") is the recog- nized employee organization for all personnel employed by the Police Department of the City of Santa Ana (hereinafter referred to as the "City") in the classifications and assign- ments of Police Officer, Policewoman, Senior Police Officer, Police Sergeant, Senior Police Sergeant, Police Lieutenant, Police Emergency Services Dispatchers, Animal Control Officer, Assistant Animal Control Officer, Police Service Officer, Community Service Officer, I.D. Technician, Assistant I.D. Technician, Criminalist, Assistant Criminalist, Evidence Clerk and Parking Control Officer (hereinafter collectively referred to as "affected employees") ; B. In the interest of maintaining harmonious rela- tions between the City and the affected employees, authorized st � j representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concern- ing wages, hours and other terms and conditions of employment of affected employees within the lawful scope of representa- tion of Association; and C. The authorized representatives of City and the Association have reached a mutual agreement as to certain wages, hours and other terms and conditions of employment of the affected employees within the lawful scope of represen- tation of Association, this Memorandum of which shall be sub- mitted to the City Council of City for approval and implemen- tation of its terms and conditions by appropriate ordinance, resolution or other lawful action. THEREFORE, the City and the Association agree that, subject to approval and implementation by the City Council of City, the wages, hours and other terms and conditions of employment for the affected employees shall be established for the term hereof, as follows: I. INCREASED HEALTH AND .DENTAL -INSURANCE PREMIUMS Effective July 1, 1978, the City shall pay 1000 of the increased premiums for the existing health and dental insurance benefits available under the programs maintained by the City for its employees and dependents that become effec- tive during the term of this Memorandum of Understanding. -2- KLG:ar 10/15/78 In all other respects, the terms and conditions of Part II of the Memorandum of Understanding dated July 19, 1976, relating to health insurance shall remain in full force and effect. II. REIMBURSEMENT OF EMPLOYEE RETIREMENT CONTRIBUTIONS Effective July 1, 1978, the City shall reimburse all affected employees for retirement contributions paid by them or owing to the Public Employees' Retirement System of the State of California (PERS) in an amount equal to 5% times the "compensation" upon which such retirement contributions are calculated, for all time worked or deemed to have been worked by the employee during the term of this Memorandum of Understanding. Thus, the City will reimburse each "safety" employee for 5/9th of his/her individual employee contribution to PERS and each "non-safety" employee for 5/7th of his/her individual employee contribution to PERS for all time the em- ployee has worked or is deemed to have worked, during the term of this Memorandum of Understanding. Such reimbursement shall be accomplished through four . -1.iinstallment payments as /� C ey follows: (1) on November 9 , 1979, following execution of this Memorandum of Understanding, each qualifying, affected employee shall receive reimbursement for the months of July, August, September and October, 1978; (2) on January 9 , 1979 , each qualifying, affected employee shall receive reimbursement for the months of November and December, 1978; (3) on April 9, 1979 , each qualifying affected employee shall receive reimburse- ment for the months of January, February and March, 1979; (4) on July 9, 1979, each qualifying, affected employee shall receive reimbursement for the months of April, May and June, 1979. Such -3- • KLG: ar 10/15/78 reimbursement is not an increase in salary, no salary range applicable to any of the affected employees shall be changed or deemed to have been changed by reason of such reimburse- ment, no benefits payable to the affected employees, or any of them, which are calculated on the basis of salary shall be increased hereby, and because the City is reimbursing employees for monies expended or to be expended by the, the City will not treat these payments as ordinary income and, thus, will not withhold federal or state income tax from said payments . On July 1, 1979, the City's obligation to make such reimbursement shall discontinue; provided, however, that as a substitute therefor, the base salary of each affected employee shall automatically be increased by 5% over and above current base salary, unless to do so will expose City to loss of moneys from the State of California, in which event the parties shall agree on a payment schedule which will continue such reimbursement to the affected employees until receipt of such moneys is no longer jeopardized, whereupon City's said obligation shall discontinue. This conversion shall in no way operate to deprive Association of its lawful rights to request improvements in compensation benefits, including -4- salary, for its members for the 1979-80 fiscal year and to compel City to meet and confer in good faith regarding such requests. III, HOLIDAY BENEFITS Effective July 1, 1978, each affected employee shall be entitled to receive one additional paid holiday per annum, to be compensated as a floating -holiday in the same form and manner as compensation is provided for other holidays, with the exception that, in the event any compensatory time off benefits that have been provided as part of such compensation have not been utilized on or before December 31, 1978, such benefits may be carried over and utilized prior to June 30, 1979. IV. OVERTIME COMPENSATION Effective upon the execution of this Memorandum of Understanding, the first 32 hours of overtime worked by each affected employee shall be compensated at the rate of 1-1/2 times the employee's regular base compensation, in paid compensatory time off. In addition, all earned, unused com- pensatory time off benefits then credited to the account of each affected employee shall be increased by multiplying each hour thereof times 1-1/2. Thereafter, no affected employee shall be entitled to receive a cash payment for overtime worked until he/she shall have accumulated more than 48 hours of -5- earned, unused compensatory time off benefits. V. PERSONAL NECESSITY LEAVE Effective upon the execution of this Memorandum of Understanding, each affected employee shall be afforded an opportunity to use up-to three days of sick leave benefits per year for "personal necessity leave, " which circumstances shall include serious accidents or illnesses to members of the employee's immediate family, childbirth, imminent danger to the employee' s home or other valuable property, or the existence of external circumstances beyond the employee' s control making it impractical for him/her to report for duty. VI. TERM OF MEMORANDUM. OF :UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 1, 1978 and continue until June 30, 1979. VII. FINALITY AND COMPLETENESS: OF- MEMORANDUM This Memorandum contains all the covenants, stip- ulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be com- pelled to meet and confer with the other concerning any matters within the lawful scope of representation of Association, whether specifically conferred or consulted about prior to the execution of this Memorandum or which may have been omitted in the meetings and conferrals which led up to the execution of this Memorandum, unless required by judicial or legislative -6- action subsequent to the ratification of this Memorandum. Except as provided herein, the City will continue to provide all affected employees all wages, hours and other benefits presently enjoyed by them and will also continue to adminis- ter its employee relations and its personnel policies and procedures in accordance with duly-adopted ordinances, resolu- tions, as well as established practices, and the affected employees will continue to be governed thereby during the term of this Memorandum of Understanding. VIII. INDEMNITY OR HOLD HARMLESS CLAUSE The Association shall indemnify, defend and hold the City harmless against any and all- claims made and .against any suit instituted by a member of the Association against the City arising out of the deduction or check-off of employee organization dues. In addition, the Association shall refund to the City any amount transmitted in error, upon presentation of a claim therefor, accompanied by supporting evidence. IX. STRIKES AND WORK STOPPAGES Continuous and uninterrupted service by the City and its employees to the citizens, and orderly meet and conferral relations between the City and its employees being essential considerations of this Memorandum, the Association agrees on behalf of itself and its members, individually and collec- tively, that there shall not be any strikes, boycotting, work -7- stoppages, sit-downs, sick-outs, slow-down activities, any concerted refusal to render services or to work, or any other interference, curtailment or restriction of work or picketing in support thereof at any time during the term of the Memorandum. It is the intention of the above prohibitions that, except to the extent that a constituted judicial body or the legislature of the State of California expressly determines the lawfulness of such activities, they are and each of them is to be construed as in violation of this memorandum of under- standing and subject to the City actions and remedies specified in this provision. In the event of a violation of this provision by the Association and/or by affected employees, the City may, in addition to other remedies, discipline such employees up to and including discharge. Employees shall not be entitled to any benefits or wages whatsoever while they are engaged in an- of the pro- hibited activities described above unless mutually agreed in writing to the contrary by the City and the Association. In the event the Association calls, engages in, encourages, assists, or condones in any manner, any of the prohibited activities described above, the City, in addition to any other lawful remedies or disciplinary actions avail- able to it, may by action of the City Manager, suspend any -8- and all of the rights and privileges accorded such employee organization under any ordinance, resolution or rule and regu- lation of the City or any Memorandum of Understanding with the City, including but not limited to the suspension of recog- nition of such employee organization, revocation of dues check- off privileges and the use of the City' s bulletin boards and facilities. X. SEPARABILITY Should any provision of this Memorandum be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions shall remain in full force and effect for the duration of this Memorandum, it being the intention of the parties that no portion of this Memorandum or provision herein shall become inoperative or fail by reason of the invalidity of any other portion or provision. XI. APPROVAL BY CITY COUNCIL This Memorandum of Understanding is subject to ap- proval by the City Council of City. The parties hereto agree to urge the City Council of City to approve this Memorandum of Understanding. Following approval of this Memorandum of Understanding by the City Council of City, its terms and conditions shall be implemented by appropriate ordinance, resolution or other • -9- appropriate lawful action. Dated: i(1/46 7B SANTA ANA POLICE BE EVOLENT ASSO • ATI Dated: !'")c,-,- I tc-1-1 CITY OF S NTA ANA 7/111 ATTEST: MAYOR CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY -10-