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HomeMy WebLinkAboutSANTA ANA POLICE BENEVOLENT ASSOCIATION (9) 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 recognized employee organiza- tion for all personnel employed by the Police Department of the City of Santa Ana ( hereinafter referred to as the "City" ) in the classifica- tions and assignments of Police Officer , Policewoman, Senior Police Officer , Police Sergeant, Senior Police Sergeant, Police Lieutenant, Police Captain, 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 relations between the City and the affected employees , authorized representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages, hours and other terms and conditions of employment of affected employees within the lawful scope of representation 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 representation of Association, this Memorandum of which shall be submitted to the City Council of City for approval and implementation 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. SALARY A. Effective July 1 , 1976 , the base salary of each affected employee in the classification of Emergency Services Dispatcher (Police Department) shall be increased by two and one-half percent ( 2-1/2% ) . B . Effective July 1 , 1976 , the base salary of each affected employee in the classifications of Animal Control Officer and Assistant Animal Control Officer shall be increased by five percent ( 5% ) . C. Effective July 1 , 1976 , the base salary of each affected employee, including the adjustments referred to above in paragraphs A and B, shall be increased by two percent ( 2% ) . D. Effective January 1 , 1977 , the base salary of each affected employee , including the adjustments and the increases referred to above in paragraphs A, B and C, shall be increased by two and one- half percent ( 2-1/2% ) . E. Effective April 1 , 1977 , the base salary of each affected employee, including the adjustments and the increases referred to -2- above in paragraphs A, B, C and D, shall be increased by two and one- half percent ( 2=1/2% ) . F . Effective January 1 , 1978 , the base salary of each affected employee , including the adjustments and the increases referred to above in paragraphs A, B, C, D and E, shall be increased by three percent ( 3% ) . G. Effective April 1 , 1978 , the base salary of each affected ii employee, including the adjustments and the increases referred to above in paragraphs A, B, C, D, E and F, shall be increased by six percent ( 6%) . II. HEALTH INSURANCE Effective July 1 , 1976 , the City shall contribute the following amount toward the payment of premiums for affected employees and their dependents under the existing health insurance program ( or a new program providing substantially similar or improved coverage and benefits selected in accordance with current procedures) : A. With respect to employees who do not have dependents in- cluded under the program, 100% of the premium; 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. III. RETIREMENT Effective July 1 , 1976 , or as soon thereafter as practicable , the City shall amend its contract with the Public Employees ' Retirement System of the State of California (PERS) so as to permit each affected -3- employee to exercise the option to "buy back" or have "bought back" on his behalf, his prior military service , to the extent permitted and in accord- ance Ytwith the terms and conditions of Section 20930. 3 of the California Government Code, with the employee being obligated to "buy back" all com- pleted military service occurring subsequent to the effective date of the City' s contract with PERS and the City being obligated to "buy back" on behalf of any employee military service occurring prior to the effective date of said contract. IV. EXPANDED RESIDENCY Effective July 1 , 1976, the City shall amend its resolution implementing Section 9-3 of the Santa Ana Municipal Code in order to per- mit affected employees 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 em- ployment. Any affected employee desiring to take advantage of the oppor- tunity to reside outside of Orange County shall first request permission to do so from the department head . Said request shall be granted by the department head if he or she determines the intended residence is not an unreasonable distance from and/or does not require an unreasonable response time to the employee' s place of employment. If the department head refuses said request, the employee shall have a right to appeal said determination to the City Manager . V. OPTION TO CONVERT TERMINATION PAYMENT FOR UNUSED SICK LEAVE TO HEALTH INSURANCE BENEFITS Effective July 1 , 1977 , each affected employee shall have the option to convert that lump sum payment for unused sick leave benefits -4- available to him or her pursuant to the provisions of Section 9-169 of the Santa Ana Municipal Code into an obligation on the part of the City to pay on behalf of said employee and his or her dependents, if any, all health insurance premiums for said employee and any dependents necessary to cause said employee and any designated dependents to receive the full benefits available under the health insurance program then maintained by the City on behalf of its employees and their dependents; provided , however , that the City' s obligation to pay such premiums shall terminate as soon as one of the following events occurs: ( 1 ) The payment of said premiums for a period of five ( 5 ) years beyond termination of employment; or ( 2 ) the payment of premiums in a sum equal to 150% of the amount of the said lump sum payment that the employee would have received for unused sick leave benefits had this option not been elected . VI. BEREAVEMENT LEAVE Effective July 1 , 1976 , affected employees are entitled to bereave- ment leave benefits as follows : "An employee shall be entitled to receive 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. ' Im- mediate family' as used in this section is limited to: 1 . Any relative by blood or marriage who is a member of the employee' s household; 2. Any parent, child, brother or sister of the employee, and the spouse of the employee, regardless of residence; 3 . Any other relative of the employee by blood or marriage where it can be established that the result of his or her death requires the presence of the employee. " -5- VII. EXPANDED USE OF EARNED HOLIDAY BENEFITS Effective July 1 , 1976 , all affected employees will be extended the Option to receive as compensation for earned holiday benefits an .equiv- alent number of extra days off with pay, on a straight time basis, for each such earned holiday, which may be extended to employee' s annual vaca- tion leave . VIII. ASSIGNMENT PAY Effective July 1 , 1977 , each affected employee in the classif- icatons of Police Officer and Policewoman who is assigned to and perform- ing as an Investigator , Motorcycle Officer , Community Relations Officer , Background Investigator , Training Officer (Personnel Training Section) , ' Administrative Assistant, and Accident Investigator , shall receive an assignment bonus for the actual time of such assignment in an amount equal to five percent ( 5% ) over and above his or her current base salary, in- stead of $55. 00 per month. IX. LONG-TERM DISABILITY INSURANCE Effective July 1 , 1977 ,. the City shall contribute an additional $2 . 00 per month for each affected employee to be applied toward the pay- went of premiums under the long-term disability insurance program then maintained on behalf of each such employee by the Association, for a total monthly contribution by the City of $6. 00 per employee. X. ELIGIBILITY PERIOD FOR C.S. I. AND F.T.O. BONUSES Effective July 1 , 1977 , all affected employees who have commenced employment with the Police Department of City following a lateral transfer -6- 11 from another police department shall be eligible for bonuses for C.S. I and F.T.O. assignments as soon as they have successfully completed one year of service with the Police Department of City. XI. TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 1 , 1976 and continue until June 30 , 1978 . XII. FINALITY AND COMPLETENESS OF MEMORANDUM This Memorandum contains all the covenants, stipulations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be compelled to meet and confer with the other concerning any mandatory meet and confer issues 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, except by mutual agreement of the parties in writing or if caused by mandatory court actions or legislation effective subsequent to the ratification of this Memorandum. Except as provided herein, and not in conflict with any provision of this Memorandum, the City will continue to provide all affected employees all wages, hours and benefits that are mandatory meet and confer issues presently enjoyed by them and will also continue to administer its employee relations and its personnel policies and procedures in accordance with duly-adopted ordinances, resolutions, as well as established practices , and the affected employees will continue to be governed thereby during the term of this agreement. -7- XIII. INDEMNITY OR HOLD HARMLESS CLAUSE The Association shall indemnify, defend and hold the City harm- lesstagainst 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 presenta- tion of a claim therefor , accompanied by supporting evidence. XIV. STRIKES AND WORK STOPPAGES Continuous and uninterrupted service by the City and its em- ployees to the citizens, and orderly meet and conferral relations between the City and its employees being essential considerations of this Memo- randum, the Association agrees on behalf of itself and its members, indiv- idually and collectively, that there shall not be any strikes, boycotting, work stoppages, sit-downs, sick-outs, slow-down activities, any concerted refusal to render services or to work , or any other interference, curtail- ment 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 activi- ties, they are and each of them is to be construed as in violation of this. agreement 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 . -8- Employees shall not be entitled to any benefits or wages what- soever while they are engaged in any of the prohibited activities de- scribed 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 de- scribed above , the City, in addition to any other lawful remedies or disci- plinary actions available to it, may by action of the City Manager , suspend any and all of the rights and privileges accorded such employee organiza- tion under any ordinance , resolution or rules and regulations of the City or any Memorandum of Understanding with the City, including but not limited to the suspension of recognition of such employee organization, revocation of dues check-off privileges and the use of the City' s bulletin boards and facilities. XV. 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. XVI. APPROVAL BY CITY COUNCIL This Memorandum of Understanding is subject to approval by the City Council of City. The parties hereto agree to urge the City Council of City to approve this Memorandum of Understanding . -9- 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 appropriate lawful action. Dated: 74976 SANTA ANA POLICE BENEVOLENT ASSOCIATION / 1 ✓oJ14frq4jUe Dated: 7 — / q - 7 6 CITY OF SANTA ANA 6.177,77...--2-9--t4.__ Z._. -et/. -a' CITY OF SANTA ANA 4. JO 'A , OR (W)-01,. , APPROVED AS TO FORM: CLERK OF THE CO rCIL I \\,1 APPROVED AS TO FORM.: 1 Special Counsel for the City , CITY ATTORNEY -10-