HomeMy WebLinkAboutSANTA ANA POLICE OFFICERS ASSOCIATION (POA) (8) t5 � 1.7
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR FISCAL YEARS 1995-96 AND 1996-97
TABLE OF CONTENTS
ARTICLE I RECOGNITION 2
ARTICLE II NON-DISCRIMINATION CLAUSE 2
ARTICLE III ATTENDANCE, WORKDAY AND WORKWEEK 2
ARTICLE IV SALARIES 6
ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 9
ARTICLE VI POLICE CAREER DEVELOPMENT PROGRAM 11
ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 15
ARTICLE VIII OVERTIME 18
ARTICLE IX HOLIDAYS 23
ARTICLE X VACATION 24
ARTICLE XI OTHER LEAVES OF ABSENCE 27
ARTICLE XII EMPLOYEE INSURANCE 35
ARTICLE XIII RETIREMENT 36
ARTICLE XIV RELEASE TIME FOR ASSOCIATION REPRESENTATIVE 37
ARTICLE XV SAFETY 39
ARTICLE XVI RESIDENCY 39
ARTICLE XVII DISCIPLINE 39
ARTICLE XVIII GRIEVANCE REVIEW PROCEDURE 40
ARTICLE XIX DUES DEDUCTION AND INDEMNIFICATION 42
ARTICLE XX CITY RIGHTS 42
ARTICLE XXI STRIKES AND WORK STOPPAGES 44
ARTICLE XXII LAYOFFS 45
ARTICLE XXIII SOLE AND ENTIRE AGREEMENT 45
ARTICLE XXIV WAIVER OF BARGAINING DURING THE TERM OF THIS 46
AGREEMENT
ARTICLE XXV SEPARABILITY PROVISION 46
ARTICLE XXVI TERM OF AGREEMENT 46
ARTICLE XXVII RATIFICATION AND EXECUTION 47
EXHIBIT A ASSIGNMENT OF CLASSES TO SALARY RATE RANGES 49
EXHIBIT B BASIC SALARY AND WAGE SCHEDULE 50
•
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR FISCAL YEARS 1995-96 AND 1996-97
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
Officers Association (herein called the "Association" ) as the
recognized representative of the bargaining unit which includes
police department employees in the sworn, "safety-member"
classifications and assignments of Police Officer, Senior Police
Officer, Police Sergeant, Senior Police Sergeant and in the non-
sworn, "miscellaneous-member" classifications and assignments of
Animal Control Officer I and II , Background Investigator,
Communication Services Officer, Dare Officer, Darkroom Technician,
Detention Officer, Firearms Examiner, Forensic Specialist I and II,
Forensic Services Supervisor, Parking Control Officer, Police
Communications Supervisor, Police Community Services Specialist,
Police Investigative Specialist, Police Property and Evidence
Specialist, Police Property and Evidence Supervisor, Police
Recruit, Police Service Assistant, Police Service Officer, Police
Services Dispatcher, Rangemaster, Detention Supervisor, Senior
Parking Control Officer, and Traffic Services Specialist and
excludes all other employees of the Police Department .
ARTICLE II - NON-DISCRIMINATION CLAUSE
Section 1 . The City and Association agree that they shall not
discriminate against any employee because of race, color, sex, age,
national origin, political or religious opinions or affiliations,
or in violation of Government Code Sec . 3500 et seq. The City and
the Association shall reopen any provision of this Agreement for
the purpose of complying with any order of a Federal or State
agency or court of competent jurisdiction requiring a modification
or change in any provisions of this Agreement in compliance with
State or Federal anti-discrimination laws .
Section 2 . Whenever reference is made to the masculine gender
it shall be understood to include the feminine gender, unless
expressly stated otherwise .
ARTICLE III - ATTENDANCE, WORKDAY AND WORKWEEK
Section 1 . Attendance . Employees covered by this Agreement
shall be in attendance at their work during hours prescribed by the
Chief of Police or his designee (s) and shall not absent themselves
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during prescribed hours without approval of the Chief of Police or
his designee (s) .
Section 2 . 3\12 - 4\12 Work Schedule . Effective February 1,
1994 , the City will implement a 3/12 - 4/12 Plan for Sworn Officers
assigned to regular patrol on rotating shifts covering 24 hours and
for Detention Officers and Detention Supervisors assigned to the
jail .
Section 3 . Definitions of Terms For Employees Assigned To
5/8 Work Schedule .
A. Workday. For sworn and non-sworn employees not
assigned to 3/12 - 4/12 work schedule, or another alternative work
schedule, eight (8) hours shall constitute a regular workday,
except for sworn officers on designated assignments, for whom the
workday will constitute nine (9) hours . Employees assigned to 8-
1/2 hours will receive one-half (1/2) hour of unpaid lunch and
employees assigned to nine (9) hours will receive one (1) hour of
unpaid lunch. The unpaid lunch time for sworn officers (Code 7
time) shall not be considered overtime and is not otherwise
compensated except as provided in the Settlement Agreement executed
by the parties hereto on November 21, 1977 .
B. Minimum Workweek. The minimum workweek for all
employees covered by this Section shall consist of forty (40)
hours .
C. Workweek Schedule During Schedule Changes . The City
agrees to continue the following policy when scheduling days off
during shift, assignment or other schedule changes : except in cases
of emergency or other situations requiring days off, the City may
schedule employees impacted by a shift, work assignments or other
schedule changes, to a schedule no more and no less than five (5)
regular and normal workdays, as defined in subsection A above,
during any calendar week; however, and except in cases of
emergency, no employee shall be scheduled to work more than five
(5) consecutive days without the employee' s consent . It is the
intent of the parties that each employee so affected, shall receive
two (2) consecutive days off whenever practical .
For purposes of this Subsection, a calendar week begins
at 0001 hours on Sunday and ends at 2400 hours on the following
Saturday.
Section 4 . Definitions of Terms for Employees Assigned to
3/12 - 4/12 Work Schedule
A. Workday. A workday for employees assigned to 3/12 - 4/12
Work Schedule will consist of 11 hours and 30 minutes of work with
30 additional minutes for meals (Code 7) .
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B . Work Period. For those employees working 11 hours
and 30 minutes a day, the "work period" will consist of two
consecutive weeks with 3 shifts of 11 hours and 30 minutes in one
week and 4 shifts of 11 hours and 30 minutes in the second week.
The total hours for these two consecutive weeks shall be considered
equalling eighty (80) hours and thirty (30) minutes .
However, the one-half hour worked beyond 80 hours of work in
a two week period shall be added to the employee' s vacation time .
If during the two week work period, an employee is on leave without
pay he/she will not be eligible for one-half hour (1/2) of vacation
accrual . The employee, however, will be given early release to
make up for time worked beyond 80 hours .
C. Work Schedule During Schedule Changes . The City
agrees to continue the following policy when scheduling days off
during shift, assignment or other schedule changes : except in
cases of emergency or other situations requiring days off, the City
may schedule employees impacted by a shift, work assignments or
other schedule changes, to no more than four (4) regular and normal
workdays, as defined in subsection "A" above, during any calendar
week; however, and except in cases of emergency, no employee shall
be scheduled to work more than four (4) consecutive days without
the employee' s consent . It is the intent of the parties that each
employee so affected, shall receive three (3) consecutive days off
whenever practical .
D. Changes/Modifications . In that the 3 day 11 hours
and 30 minutes and 4 day 11 hours and 30 minutes schedule may need
modification during the life of this agreement to meet department
and community needs, said changes shall be made at the discretion
of the Chief of Police or his designee (s) after meeting and
conferring in good faith with the Association.
E . Alternative Work Week Schedule (s)
(Police Chief' s discretion)
Effective no later than the first of the month following the
first full month after agreement (which is December 1, 1996)
implementation of alternative work schedules shall be implemented
on a trial basis and at the Police chief' s discretion.
It is agreed that implementation shall begin no later than
December 1, 1996 for the following:
a . Traffic section
b . Investigations Division (except special
investigations assigned to the Chief' s office) .
c. Canine officers
For employees assigned to a 4/10 work schedule, 10-1/2 hours
shall constitute a regular work day, except for employees in
designated assignments, for whom the work day shall constitute 11
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hours . Employees assigned to a 10-1/2 work day will receive 1/2
hour of unpaid lunch, and employees assigned to an 11-hour day will
receive 1 hour of unpaid lunch.
Section 5 . Definition of Terms for Employees Assigned to 6/12
± 8 Hours Work Schedule .
A. "Employees" referred to in this section are those
assigned to the following classes and assignments :
CLASS POSITION ASSIGNMENT
Forensic Specialist I Crime Scene Investigator
Forensic Specialist II Crime Scene Investigator
Police Service Dispatcher Dispatch Center
Police Communications Supervisor Dispatch Center
B. Workday. A workday for the above stated classes and
position assignments shall be either 12 hours, or eight hours with
an additional 30 minutes for unpaid meal time .
C. Work Period, Work Week. The regular "work period"
for employees assigned to this work schedule shall be six (6)
twelve (12) hour workdays and one (1) eight (8) hour workday in
each two week period. A thirty (30) minute unpaid meal time shall
be scheduled each workday. A work week consisting of seven (7)
consecutive calendar days and forty (40) work hours shall be
assigned to each employee assigned to this work schedule .
Employees shall regularly work eight (80) hours in a "work period"
and forty (40) hours in a seven day work week.
Employees who are on a 6/12 + 8 hour schedule will earn
time and a half when they work over the normal schedule of 12 hours
on a 12-hour day and 8 hours on a 8-hour day.
D. Earned Time Usage. The usage of earned leave such as
holidays, vacations, sick leave, and other paid and unpaid leave
will be calculated based on the "day" of the work schedule utilized
as a day off . If an employee' s day off is on a scheduled twelve
(12) hour day, the employee will be charged twelve (12) hours for
that day. If an employee takes a day off on the eight (8) hour
workday, the employee will be charged for eight (8) hours .
4*
12 12 12 0 0 0 4 12 12 12 0 0 0 0
* 8-hour shift
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ARTICLE IV - SALARIES
Section 1 . Basic Compensation Plan. There is hereby
established a basic compensation plan for all members of the Santa
Ana Police Officers Association who are now employed or will in the
future be employed in any of the designated classifications of
employment listed in this Agreement and its attachments .
Section 2 . Salary Schedule . The basic salary schedule,
attached hereto in a matrix format as Exhibit A, and made a part
hereof as though set forth in full herein, provides numerous salary
rate ranges, each comprised of five (5) steps or rates of pay.
The respective rate ranges are identified by a three digit
number. The steps within each range are identified by the letters
"A" through "E" inclusive, with the "A" step being the lowest step
in the range . The purpose of each step and the length of service
required for advancement to the next higher step within a
particular salary rate range are set forth in Section 7 below.
Section 3 . Salaries .
A. Effective July 1, 1995, the base salaries of
employees covered by this Agreement shall be increased by five (5)
salary rate ranges (2 . 50) .
B. The assignment of classes to salary rate ranges is
listed in Exhibit B, which is attached and made a part hereof as
though set forth herein.
C. Effective July 1, 1997, employees designated as
CalPERS miscellaneous will contribute one percent (1%) of their
salary towards the 2% at 55 retirement benefit by taking a
reduction in pay of two (2) salary rate ranges .
Section 4 . Application of Basic Compensation Plan. The salary
rate ranges and steps contained in Exhibit B are monthly salary
rates . All officers and employees working in classifications of
employment covered by this Agreement shall be compensated at a
monthly rate, except that an employee hired for temporary work in
a position which has an anticipated duration of less than six (6)
months shall be paid at a rate per hour for actual time spent in
the performance of the duties of his or her employment . Any hourly
rate of pay, defined as the regular hourly rate of pay, shall be
computed by dividing the monthly salary rate by 173 . 33 . In
determining the hourly rate as herein provided, computation shall
be made to the nearest whole cent and a computation resulting in
exactly one-half cent shall fix the rate at the next higher whole
cent .
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Section 5 . Beginning Rates . A new employee of the City of
Santa Ana shall be paid the rate shown as Step "A" in the salary
rate range allocated to the class of employment for which he or she
has been hired. In special instances where such new employee
possesses unique and exceptional education, 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 of
employment to which the salary rate range applies and such
assignment having once been made shall remain in effect until the
said employee shall be entitled to advance to the next salary step
in accordance with the further provisions of this Article .
Section 6 . Service . The word "service" as used in this
Agreement shall be deemed to mean continuous, full-time service in
the classification in which the officer or employee is being
considered for salary advancement, service in the higher
classification or service in a classification allocated to the same
salary rate range and having generally similar duties and
requirements . Employees hired after the first (1st) working day of
the month shall not be credited with "time-in-service" for that
month when determining the length of service required for salary
step advancement . A lapse of service by an officer or employee for
a period of time longer than thirty (30) calendar days by reason of
resignation, quit, or discharge, shall serve to eliminate the
accumulated length of service time of such officer or employee for
the purpose of this Agreement and any such officer or employee
reentering the service of the City shall be considered as a new
officer or employee, except that he or she may be reemployed within
one (1) year and may be placed in the same salary step in the
appropriate salary range as he or she was at the time of
termination of employment .
Section 7 . Advancement Within Ranges . The following
regulations shall govern salary advancement within rate ranges :
A. Length of Service Advancements . After the salary of
an officer or employee has been first established and fixed under
this plan, such officer or employee shall be advanced from Step "A"
to Step "B" or from Step "B" to Step "C" or from Step "C" to Step
"D, " whichever is the next higher step to that on which the officer
or employee has been previously paid, effective the first day of
the month following the date of completion of the length of service
for such advancement as provided in Exhibit A of this Agreement .
B . Merit Advance. An officer or employee shall be
considered for advancement from Step "D" to Step "E" or upon the
completion of the required length of service as provided in Exhibit
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A of this Agreement; 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 Step
"E" may be granted only for continued meritorious and efficient
service and continued improvement by the officer or employee in the
effective performance of the duties of his or her position. Such
merit advancement shall require the following:
1 . There shall be on file in the Office of the Chief
Personnel Officer a copy of each periodic efficiency or performance
report required to be made on the officer or employee by the Civil
Service Rules and Regulations and/or the City Manager during the
period of service time of such officer or employee subsequent to
this last salary advancement .
2 . The Chief of Police, at least twenty (20)
calendar days prior to the anticipated completion of such officer' s
or employee' s required length of service, shall file with the City
Manager a statement recommending the granting or denial for the
merit increase and supporting such recommendations with specific
reasons therefore .
3 . No advancement in salary above Step "D" shall
become effective until approved by the City Manager, except when
placement on a salary step above Step "D" results from promotion
under the provisions of Section 9 of this Article .
C. Length of Service Required When Advancement Denied.
When an officer or employee has not been approved for advancement
to the next higher salary step, he or she may be reconsidered for
such advancement after the completion of three (3) months of
additional service and shall be reconsidered for such advancement
after the completion of six (6) months of additional service . This
reconsideration shall follow the same steps and shall be subject to
the same actions as provided in Subparagraphs B (2) and B (3) of
this Section.
Section 8 . Reduction in Salary Steps . Any officer or employee
who is being paid on a salary step higher than Step "D" may be
reduced to Step "D" of the appropriate salary range, upon the
recommendation of the Chief of Police, and the approval of the City
Manager. Procedure for such reduction shall follow the same
procedure as outlined for merit advancements in Section 7 above,
and such officer or employee may be considered for readvancement
under the same provisions as contained in Subsection C of Section
7 .
Section 9 . Promotional Salary Advancement . When an officer or
employee is promoted to a position in a higher classification from
a position in a lower classification in the same occupational
career ladder, he or she shall be reassigned to Step "A" in the
appropriate salary rate range for the higher classification;
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provided however, that if the base salary step currently being paid
such officer or employee is already equal to or higher than said
Step "A, " he or she will be placed in the lowest 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 career
development or educational incentive pay, but excluding shift
differential, assignment pay and bilingual pay.
Section 10 . Demotion. When an officer or employee is demoted
to a position in a lower classification, his or her salary rate
shall be fixed in the appropriate salary rate range for the lower
classification in accordance with the following provisions :
A. The salary rate shall be reduced by at least one (1)
step.
B . The new salary rate must be within the appropriate
salary rate range .
C. The new salary rate shall not be higher than the
salary step to which the officer or employee would have been
entitled had his or her service time in the higher classification
been spent in the lower classification.
D. If the salary rate recommended by the Chief of Police
is lower than the maximum step permissible under Subsection C
above, such recommendation shall be considered a reduction in pay
in addition to the demotion and shall be handled in accordance with
the provisions for salary reductions (Section 8 , above) .
Section 11 . Reallocation of Salary Rate Ranges . Any officer
or employee who is employed in a classification which is
reallocated to a different salary rate range from that previously
assigned shall be retained in the same salary step in the new
salary rate range as he or she had previously held in the prior
rate range and shall retain credit for length of service in such
step towards advancement to the next higher step.
ARTICLE V - ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
Section 1 . Assignment Pay Differentials .
A. An incumbent in the class of Police Services
Dispatcher who is continuously and regularly assigned to and
actually performing in a lead supervisory and trainer capacity over
an assigned shift of Police Services Dispatchers will be paid at a
rate set ten (10) salary rate ranges (5%) above his or her then
current base monthly salary step.
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B . Personnel in the class of Forensic Specialist I , who
are regularly and continuously assigned to and actually performing
duties in a "lead supervisory" capacity over a primary functional
unit of Forensic Specialist I employees, will be paid at a rate set
ten (10) salary rate ranges (5 . 0%) above their then current base
monthly salary step .
C. An incumbent in the class of Police Officer who is
continuously and regularly assigned to and actually performing
duties of an Assistant Team Leader (ATL) (Corporal) will be paid at
a rate set five (5) salary rate ranges (2 . 5%) above his or her then
current base monthly salary step.
D. The Police Chief at his/her discretion and based on
the department' s need may assign sworn officers in Investigation to
standby status for Saturday and Sunday or holidays . Officers thus
assigned will be compensated at the rate of two (2) hours of
straight time per day of standby duty.
Section 2 . Shift Differential, Non-Sworn Personnel . Each
employee in the classes of Animal Control Officer I , Animal Control
Officer II , Forensic Specialist I, Forensic Specialist II, Police
Communications Supervisor, Police Property & Evidence Specialist,
Police Service Officer, and Police Services Dispatcher, who is
continuously and regularly assigned to a schedule of work which
requires that he or she actually work a minimum of four and one-
half (4-1/2) hours between the hours of 5 : 00 P.M. and 7 : 00 A.M.
will be paid a shift differential at a rate set ten (10) salary
rate ranges (5 . 0%) above his or her then current base monthly
salary step.
Section 3 . Bilingual Pay. Qualified employees who meet the
following criteria will be paid a monthly pay differential, above
his or her base monthly salary step, as follows :
A. Assignment by the Chief of Police or his designee to
a position requiring bilingual capability in both English and one
of the following languages : Spanish, Samoan, Vietnamese, Hmong or
other language designated by the City Manager; and
B . Certified by the Chief Personnel Officer as having
satisfactorily demonstrated the required level of fluency in both
languages .
C. Street Level Proficiency In Spanish. A Police
Officer or Police Sergeant who successfully meets the "Street Level
Proficiency" requirements set out in the departmental Spanish
training program shall be paid a bilingual pay differential in an
amount equal to the product obtained by multiplying the base salary
rate being paid to an employee in the rank of Police Officer at
Step "E" by two and one-half percent (2 . 5%) (five [5] salary rate
ranges) .
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1 . Employees receiving "Street Level Proficiency"
incentive pay will be required, as a condition of continued
eligibility to receive such incentive pay, to successfully complete
an eight (8) hour refresher course once every twelve months from
the date of initial certification.
2 . "Street Level Proficiency" is part of a pilot program
and its success will be evaluated on an ongoing basis . If at any
time it is clear to the City Manager that the program is not
completely successful in delivering expected results, the program
will cease to exist . However, the employees who had successfully
completed the coursework and the qualifying examination will
receive the bilingual pay for the duration of the current contract
period, provided they meet the requirement as set forth in
Subsection C, Paragraph 1, above .
D . Complex Level Proficiency In Spanish. All employees
in the classifications of Police Officer and Police Sergeant who
successfully meet the "Complex Level Proficiency" requirements set
out in the departmental Spanish training program shall be paid a
bilingual pay differential in an amount equal to the product
obtained by multiplying the Step "E" base salary rate of Police
Officer by five percent (5 . 0%) (ten [10] salary rate ranges) .
E . All employees in classifications represented by this
Agreement, other than those specifically described in Subsections
C and D above, shall be paid a bilingual pay differential of one
hundred fifty dollars ($150 . 00) per month after successfully
meeting the requirements for "complex level proficiency. "
Section 4 . All assignments to positions set forth in Sections
1, 2, 3 above of sworn and non-sworn personnel shall be made or
revoked in a fair manner at the discretion of the Chief of Police.
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 3 through 8 of this Article, the following
definitions apply:
A. Educational Units . One (1) completed "semester" unit
in an academic course of instruction approved by the Chief of
Police and in an accredited college or university shall equal one
(1) educational unit . One (1) "quarter" unit achieved in an
educational institution as above shall equal two-thirds (2/3) of an
educational unit . "Trimester" units or other standards of
measurement used as a basis in awarding scholastic credits will be
accorded the same evaluation and weight as provided by the
respective accredited college or university. Only completed
coursework credited with a letter grade "C" or better (when
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evaluated by the "Pass/Fail" method) will be accepted. If such
ratings are not rendered for a specific course, then a certificate
of successful completion must be submitted.
B . Training Units . Twenty (20) classroom hours or its
equivalent of approved police training shall equal one unit .
Regular, periodic on-the-job training programs shall not be
considered as fulfilling this requirement .
Neither shall the special training required for Crime
Scene Investigators and Advanced Officers or other similar
mandatory training (e.g. , First Aid, C. P.R. Recertification, etc . )
nor the basic introductory training or similar training given an
employee during his or her probationary period be given credit for
the awarding of training units .
1 . When college credit is awarded for special
training in police work such units of credit may be counted for
either training units or educational units as the officer may
select .
2 . Training units may be earned by the assignment to
and performance of sworn police officer duties (other than
uniformed field patrol work in Field Operations 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 shall not be given, unless at least
three (3) full and continuous months of such assignment have been
completed. Not more than six (6) units of training through
assignment to non-patrol duties may be earned in any one (1) year
and not more than fifteen (15) such training units by assignment
shall be used in meeting the criteria for the Police Career
Development Program designations as set out in this Article .
Section 2 . Crime Scene Investigator (C.S . I . ) . Any sworn,
safety-member Police Officer who attains the following educational
and experience requirements and the approval as set out below shall
be paid an additional five (5) salary rate ranges (2 . 5%) above his
or her then current base monthly salary step. The criteria for such
designation shall be as follows :
A. 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 .
B . Completion of at least thirty (30) educational and/or
training units .
C. Assignment to and actual performance of the duties and
responsibilities of a C.S . I .
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D. 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 Chief of Police .
E . Approval of the Chief of Police . The number of such
designations as C.S . I . shall be no larger than the requirements of
the department as determined by the Chief of Police.
Section 3 . Senior Police Officer I . Any sworn, safety-member
Police Officer, regardless of duty assignment, who fulfills the
requirements established in this section shall be designated as a
Senior Police Officer I and shall be paid at a rate set fifteen
(15) salary rate ranges (7 . 5%) above his or her then current base
monthly salary step. The criteria for such designation shall be as
follows :
A. Completion of five (5) years of municipal police
experience and attainment of the "E" Step of the base salary rate
range for the Police Officer classification.
B . Completion (acquisition) of at least sixty (60)
educational and/or training units .
C. Approval of the Chief of Police .
Section 4 . Senior Police Officer II . Any sworn, safety-
member Police Officer who fulfills the requirements established in
this section shall be designated as a Senior Police Officer II and
shall be eligible to receive career incentive pay differential set
forth in Subsection "B" below:
A. The criteria for such designation shall be as follows :
1 . Completion of seven (7) years of municipal police
experience and attainment of the "E" Step of the base salary rate
for the Police Officer classification.
2 . Completion (acquisition) of at least ninety (90)
educational/training units; or possession of an Associate of Arts
degree from an accredited college with an additional thirty (30) or
more educational/training units .
3 . Approval of the Chief of Police .
B . Pay Differential : A Senior Police Officer II will be
paid a career incentive pay differential at a rate of twenty-five
(25) salary ranges (12 . 59s) set above his or her then current base
monthly salary step.
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Section 5 . Senior Police Officer III . Any sworn, safety-
member Police Officer who fulfills the requirements established in
this section shall be designated as a Senior Police Officer III and
shall be eligible to receive career incentive pay differential set
forth in Subsection "B" below.
A. The criteria for such designations shall be as
follows :
1 . Completion of nine (9) years of municipal police
experience and attainment of the "E" Step of the base salary rate
for the Police Officer classification.
2 . Completion (acquisition) of at least one hundred
twenty (120) educational/training units; or possession of an
Associate of Arts degree from an accredited college with an
additional sixty (60) or more educational/training units .
3 . Approval of the Chief of Police .
B . Pay Differential : A Senior Police Officer III will be
paid a career incentive pay differential at a rate of thirty (30)
salary rate ranges (15%) set above his or her then current base
monthly salary step.
Section 6 . Senior Police Sergeant I . Any officer holding the
rank of Police Sergeant in the Santa Ana Police Department,
regardless of duty assignment, who fulfills the requirements
established in this section shall be designated as a Senior Police
Sergeant I and shall be paid at a rate set fifteen (15) salary rate
ranges (7 . 5%) above his or her then current base monthly salary
step. The criteria for such designation shall be as follows :
A. Completion of five (5) years of municipal police
experience .
B . Completion (acquisition) of at least sixty (60)
educational and/or training units.
C. Approval of the Chief of Police.
Section 7 . Senior Police Sergeant II . Any officer holding the
rank of Police Sergeant in the Santa Ana Police Department,
regardless of duty assignment, who fulfills the requirements
established in this section shall be designated as a Senior Police
Sergeant II and shall be paid at a rate set twenty (20) salary rate
ranges (10%) above his or her then current base monthly salary
step . The criteria for such designation shall be as follows :
14
•
A. Completion of seven (7) 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 8 . Senior Police Sergeant III . Any officer holding
the rank of Police Sergeant in the Santa Ana Police Department,
regardless of duty assignment, who fulfills the requirements
established in this section shall be designated as a Senior Police
Sergeant III and shall be paid at a rate set twenty-five (25)
salary rate ranges (12 . 5%) above his or her then current base
monthly salary step. The criteria for such designation shall be as
follows :
A. Completion of nine (9) years of municipal police
experience and attainment of "E" Step of the base salary rate range
for the Police Sergeant classification.
B . Completion (acquisition) of at least one hundred
twenty (120) educational/training units; or possession of an
Associate of Arts academic degree from an accredited college with
an additional sixty (60) or more educational/training units .
C. Approval of the Chief of Police .
ARTICLE VII - TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM
Section 1 . Purpose .
A. To encourage the employees of the City of Santa Ana to
take college courses and special training courses which will better
enable them to perform their present duties and prepare them for
increased responsibilities .
B . To provide financial assistance to eligible employees
for education and training.
C. To establish eligibility requirements, conditions and
procedures whereby such assistance may be provided.
Section 2 . Eligibility.
A. Applications for tuition reimbursement will be
considered only from full-time, permanent City employees who have
completed probation.
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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 specialty.
D. Courses not ostensibly related to the employee' s job,
but which are required to qualify for degree that is directly
related to his or her 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 various Boards of
Education. Workshops, seminars, conferences and similar activities
not identifiable as a formal course of instruction within the
curriculum of a recognized educational institution, do not fall
within the purview of this program but may be authorized and funded
by the interested department without coordination with the
Personnel Services Department .
G. When an employee is required by his or her department
head to attend a particular course or seminar, the expense shall be
borne entirely by the City.
Section 3 . Reimbursement .
A. Reimbursement will be based on the cost of tuition or
registration fees and all required texts and related material for
each course . Additional expenses such as meals and parking fees are
not reimbursable .
B . Costs for required texts are eligible for one hundred
percent (100%) reimbursement subject to the following conditions :
1 . That a duplicate of the required text (s) was
unavailable for loan from the departmental libraries prior to the
commencement of coursework;
2 . That any textbook (s) purchased by the City shall
be submitted to the employee' s respective departmental library in
order that such text (s) may be made available to all employees .
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C. Tuition or registration costs of one hundred dollars
($100 . 00) or less are eligible for one hundred percent (100%)
reimbursement . Tuition costs in excess of one hundred dollars
($100 . 00) are eligible for seventy-five percent (75%)
reimbursement . Maximum tuition reimbursement per semester is five
hundred dollars ($500 . 00) with a maximum of $1, 500 a year. NOTE :
Summer session shall be counted as a separate "semester" for
purposes of the 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 or her department head.
B . The department head will recommend approval or
disapproval and forward the application to the Chief Personnel
Officer.
C. The Chief Personnel Officer will approve or disapprove
the application for the City Manager. One copy will be returned to
the employee and the duplicate copy will be retained in the office
of the chief personnel officer. 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/her copy of the approved
application to the Personnel Services Department within three
months after he/she has completed the course and received his/her
final grade . The employee must include official verification of
his/her 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 Services
Department within three months following completion of the course
become void.
E. Upon receipt of the application and required
documentation, the Personnel Services 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 Chief Personnel Officer will compute the amount of
reimbursement, authenticate the application and forward it to the
employee' s department head.
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F . The department head will then authorize the Finance
and Management Services Department to reimburse the employee the
approved amount out of the budget of the department concerned.
ARTICLE VIII - OVERTIME
Section 1 . General Policy for Overtime Work. Whenever it
shall be determined to be in the public interest for employees to
perform overtime work, or in an emergency situation, the City
Manager, the Chief of Police, or an authorized representative of
the City Manager or Chief of Police, may require an employee to
perform overtime work.
Section 2 . Definition.
A. Overtime for those employees working the 3/12 - 4/12
work schedule shall be defined as that authorized or required time
worked in excess of the eighty (80) hours and thirty (30) minutes
required to complete a two week work period or work in excess of
eleven (11) hours and thirty (30) minutes in one day. Work
amounting to less than thirty (30) minutes over the employee' s
regular eleven (11) hours and thirty (30) minutes regular work day
shall not be considered overtime .
B. For all employees, other than those working the 3/12
- 4/12 Work Schedule, 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 . Said thirty-minute per-day overtime exclusion
shall apply only to employees exempted from coverage under the
overtime provisions of the Fair Labor Standards Act (FLSA) .
A workweek is a fixed and regularly recurring period of 168
consecutive hours - 7 consecutive 24-hour periods - as designated
by the appointing authority.
Section 3 . Computation of a Workday, Work Week, Work Period.
Paid leave for holidays, sickness, vacation, and other time off
with pay shall be credited towards the total time worked in
computing a regular workday, and/or a work period, as defined
herein.
Section 4 . Compensation for Overtime .
A. The preferable method by which overtime shall be
compensated is by monetary payment, at one and one-half (1-1/2)
times the employee' s regular rate of pay.
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B . Should the Chief of Police determine that the best
interests of the City will be served thereby, he or his designee
may permit an employee to be compensated for overtime work by
taking paid compensatory time off at the rate of one and one-half
(1-1/2) times the employee' s regular rate of pay.
C. Eligible employees may convert time and one-half (T
1/2) paid overtime to time and one-half (T 1/2) compensatory time
off, with the prior permission of the employee' s supervisor and
subject to the operational needs of the department . This conversion
shall be limited to the accumulation of eighty (80) hours of
earned, unused compensatory time off benefits .
Twice during each calendar year, on March 15th and
November 15th, each affected employee having accrued compensatory
time off credits, may elect to convert up to forty (40) hours of
such accrued time off credits to the cash equivalent thereof, to a
maximum of eighty (80) hours per calendar year.
D. Time off with pay to compensate for overtime worked
may be accumulated, subject also to limitations herein elsewhere
provided, to a maximum of eighty (80) hours .
E . Because each hour of overtime worked is
programmatically accrued on a time and one-half (T 1/2) basis,
compensatory time off will be taken, and monetary payment will be
paid, on a straight-time basis . Also, upon termination, any earned,
unused compensatory time off ( "time-on-the-books") will be paid on
a straight-time basis .
Section 5 . Incremental Usage . Time off with pay to
compensate for overtime worked may be taken in increments as small
as one-half (1/2) hour.
Section 6 . Excess Usage . If compensatory time off is used in
excess of that available such excess compensatory time off will,
first, be deducted from any available vacation benefits and
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 (retirement,
holidays, vacation accrual, sick leave accrual and employee
insurance benefits) , toward the completion of probationary period
or to progression within a salary rate range .
Section 8 . Overtime Work to be Apportioned. To the extent
that he/she 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 .
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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 . Compensation for Overtime : Exclusions . No
overtime pay or compensatory time off with pay shall be allowed an
employee for attendance at conventions, conferences, seminars or
the like, unless such employee is ordered to attend. Overtime pay
or compensatory time off with pay shall be permitted only for
attendance on such employee' s normal days off or for time beyond a
normal workday' s duration. Overtime pay or compensatory time off
with pay shall not be allowed for travel time to and from
conventions, association meetings, conferences, seminars or the
like, should such time occur outside the employee' s normal work
schedule, unless the employee is ordered to attend.
Section 11 . Compensation for Overtime : Other Exclusions .
A. For employees on 3/12 - 4/12 Work Schedule, training
or attendance at conventions, conferences, seminars for the
duration of the day, or the like, held outside the City limits, in
lieu of an employee' s regularly scheduled 11 hour 30 minutes shift,
will count as 10 hours worked, including travel time, and thus the
employee will be left with 1 hour 30 minutes balance . This time
will be reimbursed from the employee' s "Time Off Bank" or from the
employee' s compensatory time balance . Training held within the
City limits for less than 8 hours or outside the city will be
accounted for on an hour-to-hour basis except employees attending
training outside the city limits may be eligible for 2 hours of
travel time . However, it is the City' s intent to minimize the
chargeback to paid time by the employee through effective planning
of training programs .
B . For employees on a 4/10 work schedule, training or
attendance at conventions, conferences, seminars for the duration
of the day, or the like, held outside the City limits, in lieu of
an employee' s regularly scheduled 10-hour shift, will count as 10
hours worked, including travel time . Training held within the City
limits for less than 8 hours or outside the City will be accounted
for on an hour-to-hour basis, except employees attending training
outside the City limits may be eligible for 2 hours of travel time.
Employees attending training of less than 8 hours will return to
their duty assignments or, with the approval of their immediate
supervisor, take time off from their time bank.
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Section 12 . Call-Back-Duty. Any employee covered by this
Agreement who is recalled to active duty from off-duty, shall be
entitled to overtime pay at the rate of one and one-half (1-1/2)
times the normal hourly pay rate for such employee for time
actually worked after reporting to the place of duty, or to two (2)
hours' pay at the normal rate of pay, whichever is greater.
Section 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
appearance by personnel covered by this Agreement shall be as
follows :
A. For each court appearance made by an employee during
his or her off-duty time in regard to city business three (3)
hours' overtime will be granted and paid on a straight time basis .
If court appearances are made both in the morning and afternoon of
a particular day, three (3) hours will be allowed for each session
attended. The employee must provide a copy of the subpoena
requiring his or her attendance to initiate payroll procedures .
Such employee may elect time off with pay as compensation for
overtime accrued as a result of court appearances .
B. A subpoenaed employee scheduled to appear in court on
City business during off-duty time may be placed on stand-by status
by his or her department head or authorized representative. In the
event such off-duty employee is on stand-by status during any court
session and is not required to appear in court, such employees
shall be compensated two (2) hours' overtime, paid on a straight
time basis, for each court session. If such off-duty employee on
stand-by actually appears in court, he or she shall be compensated
only as provided in Subsection A, supra . Any employee on stand-by
status who fails to appear in court ready to testify within (GO)
minutes after notification to appear shall not receive compensation
for either stand-by or for appearance .
C. Notwithstanding Subsections A and B, supra, whenever
an employee either commences or terminates his or her on-duty shift
while he or she is appearing in court or is on stand-by status, his
or her sole compensation for off-duty time spent in court or on
stand-by shall be on a straight time basis paid in half-hour
increments .
D. The above provisions of this Section shall apply only
to personnel exempted from coverage under the overtime provisions
of the FLSA.
21
E . Employees assigned to a 3/12 - 4/12 Work Schedule who
appear in court during their regularly scheduled workweek, and as
a result do not receive adequate rest, will be allowed to flex
their scheduled shift start time up to four hours, with the
approval of the employee' s immediate supervisor and watch
commander, or immediate supervisor and section commander.
Alternatively, the employee may be allowed to use up to four hours
from "Time Off Bank" or from compensatory time off at the beginning
of their scheduled shift to ensure adequate rest .
Section 15 . Creation of Compensation Time Bank.
A. Any member of the Association who works overtime, or
has accrued but unused holidays, can designate that he or she will
contribute the value of such time to a bank for use by members of
the Association for the purposes and subject to the restrictions
provided herein.
B. Any member of the Association may receive time off for
the welfare of officers, community service and any lawful activity
of the Association with pay drawn from the bank described in
Subsection A of this Section, provided that said employee first
gain approval for said use by the executive board of the
Association in the manner specified by its rules as adopted from
time to time, and subject to the approval or disapproval of the
Chief of Police consistent with the operational needs of the Police
Department .
C. No withdrawal or use of such bank may be made by or on
behalf of an employee ordered to take time off without pay for
discipline imposed by the Chief of Police or his designee .
Section 16 . Declaration of State of Emergency. Emergencies
shall be governed by the provisions of Santa Ana Municipal Code
Section 9-194 .
Section 17 . Compensation of Voluntary Contract Overtime .
Exclusive of other provisions of this Article, except Section 7 (No
Effect on Other Benefits) supra, Police Officers and Police
Sergeants who voluntarily agree to perform contract security
services at games, parades, dances and similar public events shall
be compensated at the rate of one and one-half (1-1/2) times the
employee' s regular rate of pay.
The Chief of Police shall determine how many off-duty police
officers should serve as security officers at each event . Police
Officers and Sergeants represented by the Association shall be
given first opportunity to volunteer for said off-duty assignments .
If, after a reasonable period of time, an insufficient number of
police officers have volunteered to work such assignments, the
Chief of Police may offer the remaining "openings" to any person (s)
he deems capable of performing the work at whatever straight-time
22
pay rate the City considers to be appropriate .
ARTICLE IX - HOLIDAYS
Section 1 . Legal holidays observed by full-time permanent and
probationary employees covered by this Agreement are as follows :
• January 1st - New Year' s Day.
• Third (3rd) Monday in January - In observance of Martin
Luther King Jr. ' s Birthday. (Effective January
1990)
• Third (3rd) Monday in February - In memory of George
Washington' s Birthday.
• Last Monday in May - In commemoration of Memorial Day.
• July 4th - In observance of Independence Day.
• First (1st) Monday in September - In observance of
Labor Day.
• November 11th - In observance of Veteran' s Day.
• Fourth (4th) Thursday in November - In observance of
Thanksgiving Day.
• The Friday immediately following Thanksgiving Day.
• December 25th - In observance of Christmas Day.
• Last working day before Christmas Day, unless Christmas
falls on a Thursday, in which instance, the day
following Christmas Day shall be observed in lieu
thereof .
• One (1) Floating Holiday - Any workday selected by the
employee with prior permission of the employee' s
supervisor.
• Every day proclaimed by the Mayor of the City as a holiday
for City employees .
Any holiday which falls on a Sunday will be observed on the
following Monday. Any holiday which falls on a Saturday will be
observed on the Friday preceding the Holiday.
Section 2 . Full-time permanent and probationary employees
covered by this agreement shall be entitled to receive 96 hours off
during the calendar year in lieu of the twelve (12) holidays
specified in Section 1, supra. The 96 hours will be added to the
employee' s "Time Off Bank, " as described in Article X Section 6 at
the beginning of the calendar year.
Said "time off" may be taken at any time during the calendar
year with prior permission of the employee' s supervisor and subject
to the operational needs of the department . However, if an employee
who separated from the service of the City has taken time off for
holidays in advance of the date or day the holiday actually
occurred, he or she must pay the City the cash value for such used
but unearned holiday time off benefits prior to or at the time of
separation.
23
Section 3 . A newly appointed employee must actually work at
least one day preceding the day a holiday listed in Section 1,
supra, actually occurs in order to receive credit for such holiday.
The employee will then be credited with all remaining holidays in
the year occurring after the appointment .
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 credit
for that holiday.
A newly appointed employee must complete six (6) months of
continuous full-time service in order to receive credit for the
Floating Holiday listed in Section 1 above .
Section 4 . This "time off, " as defined in Article X, Section
6 , may be taken in increments as small as one half (1/2) hour, with
fractional usage rounded upward to the next higher multiple of one
half (1/2) hour.
Section 5 . Holiday benefits may not be carried over from one
calendar year to the next .
ARTICLE X - VACATION
Section 1 . Purpose . It is the policy of the City to grant
employees vacation leave in order to provide them with a break in
their regular work schedule and this purpose will be used as a
guide in the administration of the provisions of this Article .
Section 2 . Regular Vacation Period.
A. Regular vacation with pay is granted to each full-time
permanent or probationary employee at the rate of 15 working days
for each completed year of service, accrued at the rate of 10
working hours for each completed month of service. Employees hired
after August 9, 1979 shall be granted regular vacation at the rate
of 10 working days for each of his or her first and second
completed year of service, accrued at the rate of 6 2/3 hours for
each completed month of service . Thereafter, all such employees
shall be granted regular vacation at the rate of 15 working days
for each completed year of services, accrued at the rate of 10
working hours for each completed month of service .
B . An employee who has completed less than one year' s
service during the calendar year shall receive a proportionate
fraction in accordance with the amount of service to his or her
credit during the year; provided, however, no employee shall be
entitled to, or receive payment for, any vacation until he or she
has completed six (6) months of continuous service .
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C. On or after the first (1st) day of the month
following completion of six (6) months of continuous full-time
service, an employee may be allowed to take all or a proportionate
fraction of his or her earned vacation, subject to scheduling
approval of the employee' s supervisor.
D . Absence on sick leave for a period in excess of
fifteen (15) consecutive calendar days shall not be considered as
service for vacation accrual purposes .
E . 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 or she not been on
vacation, shall be deducted from the computation so that one (1)
additional day of regular vacation shall be allowed to the employee
unless departmental practice provides some other manner of
compensating for municipal holidays . Should an employee be confined
to a hospital for sickness or injury while on authorized vacation,
each full day of such confinement, when confirmed by a physician' s
statement and approval of the Chief of Police, may be deducted from
the computation of 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 Subsection A, supra.
3 . No employee shall have a right to accumulate or
split his or her vacation, but the same may be allowed or required
by the Chief of Police .
Section 3 . Longevity Vacation.
A. Each permanent employee is granted additional work
days of vacation leave with pay for each computed 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
25
13 4 32
14 4-1/2 36
15 5 40
16 6 48
17 7 56
18 8 64
19 9 72
20 10 80
B . No employee becomes eligible for longevity vacation
until completion of the sixth year of continuous service, and each
employee continues to earn the maximum of ten (10) working days (80
hours) of longevity vacation for each completed year of service in
excess of twenty (20) years .
C. A period of earlier service does not apply toward
longevity vacation accumulation when an employee has had a break in
continuous service, unless the break in service is concluded by
reappointment, as provided in Section 9-114 of the Civil Service
Rules and Regulations, or by reemployment from layoff within one
(1) year.
D. Leave of absence without pay, as provided in Article
XI , Section IE (Sick Leave-Extended) and Section 8 (Authorized
Absence Without Pay - Long Term) herein, does not constitute a
break in continuous service as used in this section; however, the
leave of absence period shall not be applied toward the
accumulation of longevity vacation. Absence on military leave
followed by reinstatement, as provided in Section 9-116 of the
Civil Service Rules and Regulations, does not constitute a break in
service, and the period of absence on such military leave shall be
applied toward the accumulation of longevity vacation.
Section 4 . Limitation on Vacation. With the exception of a
retiring employee, no employee is granted, and no employee shall be
allowed to take, any vacation leave with pay in excess of fifty
(50) working days (400 hours) in any one year by any combination of
the vacations granted in this Agreement . Further, no employee may
carry over from one calendar year to the next more than the
equivalent of one longevity vacation period and the equivalent of
one regular vacation period from the previous two (2) years, and
vacation not taken beyond that amount is forfeited. Therefore, the
maximum vacation that an employee with less than six (6) years
service could accumulate is thirty (30) working days (240 hours)
and only an employee with more than twenty (20) years service could
carry over and take the authorized maximum of fifty (50) working
days (400 hours) in any one year.
Notwithstanding the foregoing, for any affected employee who
is in jeopardy of losing vacation because of department staffing
needs, the Chief of Police may provide for a 30-day extension
beyond the normal cut off date so that such employee will not lose
26
vacation time .
Section 5 . Excess Usage . If vacation time off is used in
excess of that available, such excess vacation time off will be,
first, deducted from any available compensatory time off accrual ;
finally, deducted from the next scheduled wage or salary payment .
Section 6 . Time Off Bank. An Employee Time Off Bank exists
for each employee in the unit . Time off will be computed on an
annual basis and will be composed of allowable vacation and
holidays based on existing policies . The time off from this bank
may be taken in increments as small as one half (1/2) hour, with
fractional usage rounded upward to the next higher multiple of one
half (1/2) hour.
Each affected employee shall be afforded the opportunity to
submit time off selection (s) and the Chief of Police or his
designee shall make every reasonable effort to accommodate the
employee' s preference (s) . The time at which an employee shall take
his or her leave time shall be determined by the Chief of Police,
with due regard for the wishes of the employee and particular
regard for the needs of the service .
NOTE: All other policies and procedures described in Article IX
"Holiday" and Article X "Vacation" will apply to the Time Off Bank.
However, no employee will be allowed to carry a negative balance in
the Time Off Bank.
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
contagious disease .
All "safety member" employees hired after July 1, 1981,
and all persons employed as "safety members" by the City as of July
1, 1981, with five years of service or less shall not be entitled
to use sick leave during periods of absence due to industrial
illness or injury or to extend any leave of absence due to
industrial illness or injury which leave is compensable under Labor
Code Section 4850 ; provided that when said employees working for
the City as of July 1, 1981, who then have five (5) years of
continuous service with the City, 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
27
July 1, 1981, who have already completed five (5) years of
continuous service with the City.
B . Accrual . Each employee shall be entitled to, and
shall earn, one (1) working day (8 hours) of sick leave for each
full calendar month of service in which he or she is employed by
the City with full pay; provided, however, any absence on sick
leave for a period of time greater than fifteen (15) consecutive
calendar days in any one (1) calendar month shall not be considered
to be service entitling an employee to earn sick leave as
aforesaid. Subject to the other provisions in this Article, sick
leave shall accrue to the credit of each employee to the extent
that it is not used. Notwithstanding the foregoing, employees on
leave of absence for service-connected illness or injury who are
covered by the provisions of Labor Code Section 4850 , shall
continue to accumulate one (1) day of sick leave (8 hours) for each
full calendar month of service for which he or she is employed by
the City with full pay during said absence for service-connected
illness or injury.
C. Authorized Only When Necessary. Use of sick leave by
City employees shall be authorized as follows :
1 . Sick leave is not a right which an employee may
use at his or her discretion, but shall be allowed only in cases of
necessity and actual sickness or disability, or as authorized in
Subsection J below.
2 . With respect to "miscellaneous-member" employees
covered by this Agreement, when such an employee' s absence is
caused by an industrial illness or injury, for which benefits are
required to be provided under the State Workers' Compensation
Insurance and Safety Act, the City shall pay 10096 of salary for the
first three (3) days of such absence and sick leave shall not be
debited.
D. Limit . The maximum total accumulation of sick leave
with pay shall be two hundred (200) working days (1600 hours) . 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
months without pay to an employee who has exhausted all of his or
her accrued sick leave if the City physician or a licensed
physician designated by the City Manager indicates that the
employee will be sufficiently recovered to return to his or her
employment within a six (6) months= period. Prior to the expiration
of the additional time, the employee may return to his or her
position provided that he or she has a certificate from one of the
above mentioned physicians stating that the employee is able to
perform all the duties of his or her position without
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qualification. In addition to the above, the City Manager may grant
a further extension not to exceed a total of one (1) year without
pay.
F. Extension by Use of Vacation. After an employee' s
sick leave has been exhausted he or she may be granted permission
to take any earned vacation he or she may have accrued.
G. Notice . The employee taking sick leave shall notify
his or her immediate supervisor not less than one (1) hour prior to
the time he or she is scheduled to report for duty. When the
absence is more than three (3) consecutive working days, the
employee must present to his or her department head a physician' s
certificate stating the cause of illness and that, in the
physician' s opinion, the employee could not report to work because
of such illness or injury and that the employee is sufficiently
recovered to safely return to work. Such certificate shall be
transmitted to the Chief Personnel Officer with the report of the
return of the employee to work.
A physician' s certificate or other satisfactory written
evidence of actual illness or injury may be required after an
absence of any duration of 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 willful misconduct; or
sickness or disability sustained while engaged in employment other
than employment by the City, for monetary gain or other
compensation, or by reason of engaging in business or activity for
monetary gain or other compensation.
I . Excess Usage . If sick leave is used in excess of that
due and available to an employee, such excess sick leave, will
first, be deducted from any available 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 members of the employee' s
immediate family, childbirth, imminent danger to the employee' s
home or other valuable property, or the existence of external
circumstances beyond the employee' s control making it impractical
for him/her to report for duty.
K. Payment for Unused Sick Leave.
1 . Except in cases of disability retirement, upon
non-disciplinary termination of employment after ten (10) years of
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cumulative full-time service with the City, each qualified employee
shall be entitled to payment for one-third (1/3) of the total sick
leave benefit credited to his or her account upon the effective
date of such termination, not to exceed a maximum limit of 53 . 33
working days, at the rate of pay effective on the date of such
termination.
At the employee' s election, payment for unused sick
leave may be received in either a lump sum of money, or in equal
monthly payments for a period of up to five (5) years .
A lump sum payment shall be made to the
beneficiaries of any eligible employee whose death occurs while
such employee is an active employee of the City, such payment to be
in the amount of one-third (1/3) of the total sick leave benefit
credited to the employee' s account at the time of his or her death,
and at the rate of pay effective on the date of death.
2 . At his or her option, an employee may convert any
lump sum payment provided herein into health insurance premiums, to
the extent necessary to provide the employee and his or her
designated eligible dependents, if any, with benefits under the
health insurance program maintained by the Association. The City' s
obligation to pay such premiums shall be terminated when 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.
Upon the death of any retired employee receiving a
benefit under the provision of Section 1 . K, said benefit will
continue to be paid on behalf of said retired employee to his/her
beneficiary.
3 . After 15 years of cumulative full time service
with the City (except for disability retirement or disciplinary
termination) , each qualified employee shall be entitled to receive
credit for 2/3 of their total sick leave benefits calculated at
their current pay rate; this credit shall be applied only toward
monthly health insurance premiums, beginning on the effective date
of termination. The City' s obligation to pay such premiums to the
Association on behalf of the employee shall be terminated when the
total credit as described above has been exhausted.
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;
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B . A parent, parent-in-law, spouse, child, brother,
sister, grandparent or grandchild 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.
* For purposes of Bereavement Leave only a day shall be defined as
the regular scheduled hours of the individual employee' s work day.
Section 3 . Military Leave .
A. Proof of Orders and Reinstatements . An employee shall
be granted military leave if he or she furnishes the Chief
Personnel Officer satisfactory proof of his or her orders to report
for duty. Upon return and upon showing proof of actual service
pursuant to such orders, he or she will be reinstated as provided
in Section 9-116 of the Civil Service Rules and Regulations of the
City of Santa Ana .
B . Temporary. Members of the reserve forces of the
United States, or the National Guard, granted temporary leave when
ordered to duty, in accordance with the Military and Veterans Code,
will be granted leave with pay not to exceed thirty (30) calendar
days in each calendar year after one year' s service with the City
upon presenting satisfactory proof of orders to and from such
temporary active duties .
Section 4 . Jury and Witness Leave. When an on-duty employee
is called to serve as a juror or a non-party witness in any court
action, he or 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 or her
department head for examination the subpoena calling him or her to
such service and shall pay into the City Treasury the fees
collected for such service, with the exception of reimbursement for
transportation expenses, if any.
Section 5 . Examination Leave . Employees participating in
examinations conducted during their normal working hours for
positions in the competitive service of the City of Santa Ana will
be granted leave with pay for the time actually required, without
loss of any accrued vacation or compensatory time off benefits .
Section 6 . 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
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the cause of his absence, the department head may restore him to
his position, with the City Manager' s approval .
Section 7 . Authorized Absence Without Pay. Absence without pay
not to exceed five (5) consecutive working days, may be authorized
by the department head. Absence without pay not to exceed fifteen
(15) calendar days may be authorized by the department with the
approval of the City Manager. Such absences may be authorized only
if in the judgment of the department head they serve the best
interest of the City.
Section 8 . Authorized Absence 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 :
A. Illness of the employee, or of a member of his or her
immediate family residing in the employee' s household, requires
that the employee move from the vicinity of the City as a remedial
health measure and a designated physician indicates that such
removal from the City is necessary and will not be required for
longer than six (6) months; or
B . The employee has been appointed by another
municipality to a position of greater responsibility in a field of
employment wherein the employee possesses special competence, and
such appointment constitutes an advancement in responsibility and
authority over that required in his/her employment with the City of
Santa Ana.
An employee returning to duty with the City shall inform
the department head and Chief Personnel Officer of his or her
intention at least thirty (30) calendar days prior to the
expiration of the six (6) months period or shorter period if the
full six (6) months is not taken. Upon receipt of such notice, the
department head will take steps necessary to restore the employee
to his or her former position.
Section 9 . Administrative Leave .
The City Manager is authorized to grant, at his discretion,
administrative leave with or without pay for permanent employees
if, in his opinion, such a leave is in the interest of the City.
Section 10 . Industrial Leave .
A. Each "safety member" employee covered by the
provisions of Labor Code Section 4850 who is compelled to be absent
from duty because of an illness or injury covered by the State of
California Workers' Compensation Insurance and Safety Act shall, in
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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 accrual of vacation and seniority.
Section 11 . Catastrophic Leave Donation. In order to assist
employees otherwise granted leave of absence without pay by the
City Manager because of a catastrophic non-industrial medical
condition or injury, the City and Union agree to implement a
Catastrophic Leave Donation Procedure .
A. Guidelines . It shall be understood that all
donations under this procedure are voluntary and subject to
taxation for both the donor and recipient .
1 . Employees may donate vacation or compensatory
time or one in-lieu holiday to the eligible employee . In no event
shall sick leave be donated.
2 . Employees shall be provided a two-week period to
submit donations . Donations received after this two-week period
shall not be processed. The two-week period for each case shall be
designated by the department head or his, her designee as provided
herein below.
3 . Donations shall be for a minimum of two (2)
hours and a maximum of eight (8) hours per donor. All donations
must be made in two-hour increments, except in-lieu holidays must
be for eight (8) hours .
4 . Any authorization of donations not made in
accordance with the procedures outlined in Section C, subparagraph
2 below, will not be processed.
5 . All donations shall be irrevocable.
6 . In the event the recipient returns to work
before leave donations have been exhausted, any balance on the
books shall be accrued by the recipient and designated as sick
leave .
B . Eligibility. Regular, full-time employees shall be
eligible for catastrophic leave donations if the following criteria
are met :
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1 . When it is reasonably foreseeable that all
accrued time on the books, such as sick leave, compensatory time,
vacation, and in-lieu holidays, will be exhausted and the
employee' s illness will continue past the time when the employee
will be on paid status .
2 . The employee' s department head, or his/her
designee, has approved a written request for donations accompanied
by a medical statement from the employee' s attending physician.
The attending physician' s statement must verify the employee' s need
for an extended medical leave and must include a brief statement of
the nature of the illness or injury and an estimate of the time the
employee will be unable to work.
C. Procedure .
1 . Upon receipt of a valid request for donations
from an eligible employee, the department head or his/her designee
shall post a notice of the eligible employee' s need for donations
on bulletin boards accessible to employees . No confidential
medical information shall be included in the posted notice .
2 . Employees wishing to donate time to an eligible
employee must sign his/her authorization of the transfer of such
donated time and provide :
A. His/her name, social security number, department
name, payroll and budget account number;
B . The number of hours of compensatory or vacation time
of the donation within the limitations of Section A, subparagraph
3 above;
C. The name, department and class title of the
recipient;
D. A statement indicating that the donor understands
such donation of time is irrevocable and the dollar amount thereof
is or may be income for Internal Revenue reporting purposes .
3 . At the close of the two-week donation period,
the department shall verify the hourly base salary rate of the
donating employee and confirm that each donating employee has
accrued vacation and/or compensatory time balances sufficient to
cover the designated donation.
4 . The department shall submit all approved
donation authorizations for an eligible employee at one time for
processing. No donation authorizations for the eligible employee
will be processed after this period. However, employees who
receive donations under this procedure and who exhaust all donated
hours may request an additional donation period subject to the
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provisions of Section A, herein.
5 . The City shall convert the donated time to
dollars at the hourly base salary rate of the donor. The dollars
shall then be converted to sick leave at the hourly base salary
rate of the recipient of the donation. The appropriate hours of
sick leave will be added to the recipient' s sick leave account for
use during his/her leave of absence without pay due to the
catastrophic medical condition.
ARTICLE XII - EMPLOYEE INSURANCE
Section I . During the term of this Agreement the City will
contribute toward the payment of premiums for health, dental and
long-term disability insurance plans administered by the
Association for the benefit of the employee represented by the
Association as follows :
A. Health Insurance .
Effective November 1, 1996, the City will contribute into
the Santa Ana Police Officer Association Medical Insurance Trust
Fund a maximum of $400 . 00 per month for each eligible employee
enrolled in health insurance plans provided by the Association for
its bargaining unit members and their eligible dependents . Any
contribution necessary to maintain benefits under said health
insurance plan in excess of $400 . 00 per month shall be borne
entirely by the Association and/or the employees .
B . Dental Insurance. The City will contribute into the
Santa Ana Police Officer Association Medical Insurance Trust Fund
a maximum of thirty dollars ($30 . 00) per month for each affected
employee enrolled in dental insurance plans provided by the
Association for its bargaining unit members and their eligible
dependents . Any contributions necessary to maintain benefits under
said dental plans in excess of $30 . 00 per month shall be borne
entirely by the Association and/or the enrollees .
C. Long-Term Disability (L.T.D. ) Insurance . The City
shall continue to contribute to the Santa Ana Police Officer
Medical Insurance Trust Fund an amount toward the payment of
premiums for each employee who is enrolled in the long-term
disability insurance plan provided by the Association for employees
covered by this Agreement in accordance with the following
schedule :
1 . With respect to sworn, "safety-member" police
personnel, up to a maximum of sixty-eight dollars ($68 . 00) per
month per enrollee .
2 . With respect to non-sworn, "miscellaneous-
35
member" personnel, up to a maximum of sixty-four dollars ($64 . 00)
per month per enrollee .
Any contribution necessary to maintain benefits
under such long-term disability insurance plan provided by the
Association for covered employees in excess of the amounts set
forth as above shall be borne by the Association and/or the
enrollees .
Section 2 . Life Insurance. The City shall maintain in effect
for the term of this Agreement its existing life insurance plan for
employees covered by this Agreement on the same basis as said plan
was offered to employees as of December 31, 1988 except the term
life insurance coverage for each affected employee will be in the
amount of twenty thousand dollars ($20, 000) , plus twenty thousand
dollars ($20, 000) accidental death and dismemberment (AD + D)
coverage, at no cost to the employee .
Section 3 . Employees on unpaid leave of more than 15 calendar
days shall not receive the City' s contribution toward any insurance
coverage. The Police Department will notify the Association of all
employees on unpaid leave or who separate from City employment
within three (3) working days . The City will continue the payment
of contribution for insurance coverage until the end of the month
in which the Association had received notice from the City of the
employee' s separation from employment .
ARTICLE XIII - RETIREMENT
Section 1 . General . The City shall continue to make
contributions to P.E.R.S . in accordance with its contract with
P.E.R. S for employees covered by said contract as amended on
January 1, 1990 .
Section 2 . Deferred Retirement . The City shall continue to
make payment to P. E .R. S . on behalf of each employee covered by this
Agreement in accordance with the following schedule :
A. With respect to "safety-member" employees, the City
shall pay an amount equal to nine-ninths (9/9ths) of his or her
individual employee retirement contribution.
B . With respect to "miscellaneous-member" employees
covered by this Agreement, the City shall pay an amount equal to
seven-sevenths (7/7ths) of his or her individual employee
retirement contribution.
Such payments shall be credited to the individual
employee' s P.E .R. S . account .
36
Such payments are not increases in base salary and no
salary rate range applicable to any of the employees covered by
this Agreement shall be changed or deemed to have been changed by
reason thereof . As a result, the City will not treat these payments
as ordinary income and thus, will not withhold federal or state
income tax from said payments . The City has received an opinion or
ruling from the Internal Revenue Service confirming that these
payments are deferred compensation, not ordinary income .
In the event that the City receives a subsequent ruling
from the Internal Revenue Service that such payments are ordinary
income of the employees instead of deferred compensation, the
City' s obligation to make such payments shall discontinue and in
place thereof the base salary of each affected employee shall
forthwith be increased by eighteen (18) salary rate ranges (9 . 0%)
for "safety-member" and fourteen (14) salary rate ranges (7 . 0%) for
all "miscellaneous-member" employees covered by this Agreement .
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.
C. The City will provide P.E.R. S. third level of 1959
Survivors Benefit to all eligible employees in the unit .
ARTICLE XIV - RELEASE TIME FOR ASSOCIATION REPRESENTATIVE
During the term of this Agreement, the City agrees to grant full-
time release from duty for one (1) Association representative for
the conduct of Association affairs subject to the following:
Section 1 . The Association shall reimburse the City for one
hundred percent (1000) of salary (including any salary additives,
such as career incentive pay) and benefit costs . Such reimbursement
may be from the bank established pursuant to Section 15 of Article
VIII of this Agreement .
Section 2 . The Association shall provide an insurance policy
or policies, or certificate of such insurance, naming the City of
Santa Ana, its officers, employees and agents as insured or
additional insured, which provides coverage against liability for
any and all claims and/or suits for damages or injuries to persons
or property resulting from or arising out of any act or omission of
said Association representative . Said policy or policies of
insurance shall provide coverage for both bodily injury and
property damage in not less than the following minimum amounts : One
million dollars ($1, 000 , 000 . 00) combined single limit or its
equivalent . Said policy or policies shall also contain a provision
that no termination, cancellation or change of coverage of insured
or additional insured shall be effective until thirty (30) days
notice thereof has been given in writing to the City of Santa Ana.
37
Section 3 . The Association shall provide the City of Santa Ana
with an insurance certificate from a workers' compensation
insurance carrier certifying that it carries primary workers'
compensation insurance on behalf of said Association representative
and the policy shall not be cancelled nor the coverage reduced
except upon ten (10) days' prior notice to the City of Santa Ana.
Section 4 . The Association shall indemnify and save harmless
the City of Santa Ana, its officers and employees, from and against
any and all damage to property or injuries to or death of any
person or persons, including property and employees or agents of
the City of Santa Ana, and shall defend, indemnify and save
harmless the City of Santa Ana, its officers and employees, from
any and all claims, demands, suits, actions or proceedings of any
kind of nature, including, but not by way of limitation, workers'
compensation claims, resulting from or arising out of the negligent
acts, errors, or omissions, or arising out of the intentional or
malicious acts of Association' s representative .
Section 5 . The Association and the City of Santa Ana agree
that Association' s representative will not be required to carry out
any peace officers' duties during such time that Association' s
representative is on such full-time release from duty. The
Association' s representative will be required to comply with the
Rules and Regulations of the Santa Ana Police Department as they
apply to off-duty employees, except such representative will not be
required to report for duty for any purpose .
Section 6 . Upon return to duty from such full-time release,
the Association' s representative shall be restored to the same
position without loss of any benefits as he or she would have
occupied or accrued if there had been no disruption in duty status.
A. The Association agrees that since the Association
Representative does not report for duty or account to the City for
his or her sick leave or vacation time, that vacation and sick
leave accruals shall be treated as follows :
B . The Association Representative shall accrue eight (8)
hours of sick leave each month until the accrued sick leave total
reaches a maximum of 1600 hours .
C. Vacation shall be accrued consistent with existing
POA MOU provisions . The Association Representative may not carry
over from one (1) calendar year to the next more than the
equivalent of one (1) longevity vacation period and the equivalent
of one (1) regular vacation period from the previous two (2) years .
Regular vacation in excess of that accrued during the previous two
(2) year period will be forfeited.
D. POA President may not donate his/her accrued vacation
or holiday time .
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ARTICLE XV - SAFETY
The City and the Employees of the City agree to comply with all
applicable federal, state and local laws, and City of Santa Ana
regulations, which relate to health and safety.
ARTICLE XVI - 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 request
permission to do so from the Police Chief . Said request shall be
granted by the Chief of Police if he determines the intended
residence is not an unreasonable distance from and/or does not
require an unreasonable response time to the employee' s place of
employment .
B . If the Chief of Police refuses said request, the
employee shall have a right to appeal said determination to the
City Manager.
ARTICLE XVII - DISCIPLINE
Section 1 . Any permanent employee covered by this Agreement
may only be disciplined in accordance with the standards and
procedures and subject to all rights of appeal set forth in Santa
Ana Municipal Code Sections 9-9, 9-10, 9-118 . 1, et seq. Any
probationary employee covered by this Agreement may be disciplined
in accordance with the standards and procedures set forth in Santa
Ana Municipal Code Sections 9-90, 9-91, 9-118, and subject to
review in accordance with the grievance review procedure contained
in this Agreement .
Section 2 . In addition, a new section shall be added to the
Municipal Code to provide as follows :
A. In the event an employee is ordered to absent himself
from the job based on probable cause and it is subsequently
determined by the Department Head, the City Manager, Personnel
Board or a court of competent 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
39
to him by the City during such ordered absence unless such employee
waives his/her rights to retroactive pay.
B . In the event an employee is reduced, suspended and/or
discharged, and upon appeal the City Manager, Personnel Board or a
court of competent jurisdiction does not sustain such reduction,
suspension, and/or discharge, the employee shall be entitled to his
base rate or salary including all additives, vacation, and sick
leave as if such unsustained reduction, suspension, or discharge
had not been invoked. However, in no event shall an employee be
entitled to any salary or credit for vacation and sick leave for
any period of time covered by a suspension sustained on appeal or
for any period of time waived by the employee as a condition to the
granting of a continuance of any hearing on appeal .
C. If during an absence for which an employee is paid
pursuant to this Section, he earned any money which he would not
have earned had he continued to perform the duties of his position,
such sum shall be deducted from the salary otherwise payable to him
pursuant to this Section.
ARTICLE 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 Review
Procedure .
Section 2 . Informal Process .
A. An employee must first attempt to resolve the
grievance on an informal basis through discussion with his or her
immediate supervisor without undue delay, but in no case, beyond a
period of five (5) working days after the occurrence of the alleged
incident giving rise to the grievance, or when the grievant knew or
should have reasonably become aware of the facts giving rise to the
grievance .
B . The supervisor will respond to the grievance within
five (5) working days of receiving the grievance .
C. If the grievance is not resolved at the immediate
supervisor level, the employee within five (5) working days of the
40
supervisor' s response will attempt to resolve the grievance on an
informal basis through discussion with his or her Section
Commander. The Section Commander will respond to the grievance
within three (3) working days of receiving the employee grievance .
D. Every effort shall be made to find an acceptable
solution to the grievance through this informal process .
E . In order that this informal process may be responsive,
all parties involved shall expedite this process . If, within
thirteen (13) 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 process
becomes formal . Should the grievant fail to file a written
grievance, and in the manner specified above, within ten (10)
working days after discussing the grievance with his or her Section
Commander, 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 and Section
Commander will add their comments and any justification they
consider proper, sign it, and forward it to their 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 or her 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 or she is not satisfied, and shall submit this, with the
original form through his or her superior officer and Division
Commander to the Chief of Police . Failure of the grievant to take
this action will constitute a waiver and bar to the grievance, and
the grievance will be considered settled on the basis of the
Division Commander' s response .
D. If the grievant files a written grievance to the Chief
of Police in the manner and within the time limits specified in "C"
above, then a conference shall be held at the request of the
employee or the Chief of Police .
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E . The Chief of Police shall inform the employee of his
action within ten (10) working days after receipt of the request
for settlement . The original of the grievance form and the Chief' s
decision shall be filed in the Personnel Records of the department .
F. If no satisfactory settlement has been reached at the
departmental level, the employee may, within six (6) working days
after being informed by the Chief of Police of his decision on the
matter, and the reasons thereof, submit the grievances in writing
to the City Manager, or his duly authorized representative, for
determination. Failure of the grievant to take this action will
constitute a waiver and bar to the grievance, and the grievance
will be considered settled on the basis of the Chief of Police' s
response .
The City Manager, after a careful review, shall render a
final decision on the merits of the grievance, in writing, and
return it to the grievant within fifteen (15) working days after
receiving the grievance. A copy of the written grievance to the
City Manager, and of the City Manager' s decision, shall be filed in
the Personnel Records of the department and the grievant' s
personnel jacket maintained in the Personnel Services Department .
G. After the procedure set forth in this Article has been
exhausted, the grievant, the Association, and the City shall have
all rights and remedies to pursue said grievance under the law.
ARTICLE XIX - DUES DEDUCTION AND INDEMNIFICATION
Section 1 . Dues Deduction. The City shall deduct dues, on a
regular basis, from the pay of all employees recognized to be
represented by the Association, who voluntarily authorize such
deduction, in writing, on a form to be provided for this purpose by
the City. The City shall remit such funds to the Association within
thirty (30) days following their deduction.
Section 2 . Indemnification. The Association agrees to hold the
City harmless and indemnify the City against any claims, causes of
actions, or lawsuits instituted by a member or members of the
Association arising out of the deductions or transmittal or such
funds to the Association, except the intentional failure of the
City to transmit, to the Association, monies deducted from the
employees pursuant to this Article .
ARTICLE XX - CITY RIGHTS
Section 1 . The City reserves, retains, and is vested with,
solely and exclusively, all rights of Management which have not
been expressly abridged by specific provision of this Agreement or
by law to manage the City, as such rights existed prior to the
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execution of this Agreement . The sole and exclusive rights of
Management, as they are not abridged by this Agreement or by law,
shall include but not be limited to the following rights :
A. To manage the City generally and to determine the
issues of policy.
B . To determine the existence or non-existence of facts
which are the basis of the Management decision.
C. To determine the necessity of organization of any
service or activity conducted by the City and expand or diminish
services .
D. To determine the nature, manner, means, and
technology, and extent of services to be provided to the public .
E . To determine methods of financing.
F . To determine types of equipment or technology to be
used.
G. To determine and/or change the facilities, methods,
technology, means, and size of the work force by which the City
operations are to be conducted.
H. To determine and change the number of locations,
relocations, and types of operations, processes, and materials to
be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract any work or
operation of the City.
I . To assign work to and schedule employees in
accordance with requirements as determined by the City, and to
establish and change work schedules and assignments .
J. To relieve employees from duties for lack of work or
similar non-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 performance
programs and standards .
L. To discharge, suspend, demote, or otherwise
discipline employees for proper cause in accordance with the
provision and procedures set forth in the City Charter and Santa
Ana Municipal Code .
M. To determine job classifications and to reclassify
employees .
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N. To hire, transfer, promote, and demote employees for
non-disciplinary reasons in accordance with this Agreement .
0. To determine policies, procedures, and standards for
selection, training, and promotion of employees .
P. To establish employee performance standards
including, but not limited to, quality and quantity standards and
to require compliance therewith.
Q. To maintain order and efficiency in its facilities
and operations .
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
requirements of law, whenever the contemplated exercise of
Management' s rights shall impact on a significant number of
employees of the bargaining unit, the City agrees to meet and
confer in good faith with representatives of the Association
regarding the impact of the contemplated exercise of such rights
prior to exercising such rights, unless the matter of the exercise
of such rights is provided for in the Agreement .
Section 3 . Except as modified by provisions of this Agreement,
no employee covered by this Agreement shall suffer, during the term
of this Agreement, a reduction in wages, hours or other economic
compensation for which he or she is eligible and which he or she
enjoyed prior to entering into this Agreement .
ARTICLE XXI - STRIKES AND WORK STOPPAGES
Section 1 . Prohibited Conduct .
A. The Association, its officers, agents,
representatives, and/or members agree that during the term of this
Agreement, they will not cause or condone any unlawful strike,
walkout, slowdown, sick-out or any other unlawful job action by
withholding or refusing to perform services .
B. Any employee who participates in any conduct
prohibited in Subsection A above shall be subject to suspension,
demotion or dismissal by the appointing authority.
C. In addition to any other lawful remedies or
44
disciplinary 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 lA 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
1A, and return to work.
ARTICLE XXII - LAYOFFS
A. All layoffs within the competitive service occasioned
by abolishment of a position, the combination of duties of two (2)
or more positions, or the reduction in numbers of employees in a
given class, shall be governed by seniority in the class .
Reemployment shall be in reverse order of layoff .
B . Any promotional probationary employee laid off under
these procedures, who held permanent status in a lower class shall
retain seniority rights in the previously held classification
provided that it is currently an actual classification in use by
the City.
C. Any permanent full-time employee laid off under the
above provisions may request a demotion to a position in a lower
class provided he/she meets reasonably related qualifications
required, for placement in the class and the classification is
vacant .
D. Notice of Service . On request, laid off employee
shall receive a statement certifying that his/her services have
been satisfactory. Layoff shall not be used in lieu of a
disciplinary dismissal .
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
and memoranda of agreement, or memoranda of understanding, or
contrary salary and/or personnel rules and regulations or
administrative codes, provisions of the City, oral and written,
expressed or implied, between the parties, and shall govern the
entire relationship and shall be the sole source of any and all
45
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 thereto,
unless required by specific provisions of this Agreement, and
irrespective of whether or not such matters were discussed or were
even within the contemplation of the parties hereto during the
negotiations leading to this Agreement . Regardless of the waiver
contained in this Article, the parties may, however, by mutual
agreement, in writing, agree to meet and confer about any matter
during the term of this Agreement .
ARTICLE XXV - SEPARABILITY PROVISION
Should any provision of this Agreement be found to be inoperative,
void, or invalid by a court of competent jurisdiction, all other
provisions of this Agreement shall remain in full force and effect
for the duration of this Agreement, provided that if any such
affected provisions invalidate or void any benefits of employees
covered hereunder, the parties shall forthwith commence
negotiations to replace the invalidated benefits with benefits of
comparable value .
ARTICLE XXVI - TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 1995 , through June
30 , 1997 .
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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 resolution which
will provide for the changes contained in said joint
recommendations . The City and the Association acknowledge that this
Agreement shall not be in full force and effect until ratified by
the membership of the Association and adopted by the City Council
of the City of Santa Ana. Subject to the foregoing, this Agreement
is hereby executed by the authorized representatives of the City
and the Association and entered into this day of , 1997 .
CITY OF SANTA ANA, a
Municipal Corporation of
the State of California
Dated: _17 By:
OR
Dated: 3//1/97 By:
ECUTIVE DIRECTOR,
PERSONNEL SERVICES
SANTA ANA POLICE
OFFICERS ASSOCIATION
Dated: 9-( N q1 By: Lam!
ESIDENT
By.
CHARLES G DWASSER, ESQ.
ATT T:
K OF THE CO CI
47
APPRO ED S FORM:
I TT OR
This Agreement has been ratified by the membership of the Santa Ana
Police Officers Association.
Dated: — / - 7 2 By:
Appro •ed as t• co to t :
1
C ' Yr A ►AGER
48
EXHIBIT A
ASSIGNMENT OF CLASSES
REPRESENTED BY THE SANTA ANA POLICE OFFICERS ASSOCIATION
TO SALARY RATE RANGES FOR FISCAL YEARS 1995-96 AND 1996-97
SALARY RATE RANGES EFFECTIVE :
7-1-95
CLASS TITLE NO. (MIN - MAX)
PERS Safety Member Classes
Police Officer 598 ($3861-4694)
Police Sergeant 641 ($4764-5790)
PERS Miscellaneous Member Classes
Animal Control Officer I 536 ($2853-3467)
Animal Control Officer II 566 ($3302-4014)
Background Investigator 551 ($3067-3728)
Communication Services Officer 531 ($2782-3381)
Dare Officer 531 ($2782-3381)
Darkroom Technician 531 ($2782-3381)
Detention Officer 551 ($3067-3728)
Detention Supervisor 566 ($3302-4014)
Firearms Examiner 607 ($4034-4906)
Forensic Services Supervisor 607 ($4034-4906)
Forensic Specialist I 541 ($2921-3550)
Forensic Specialist II 570 ($3365-4091)
Parking Control Officer 501 ($2402-2921)
Police Communications Supervisor 596 ($3822-4648)
Police Community Services
Specialist 551 ($3067-3728)
Police Investigative Specialist 551 ($3067-3728)
Police Property & Evidence
Specialist 534 ($2824-3432)
Police Property & Evidence
Supervisor 554 ($3113-3784)
Police Recruit 560 ($3205-3896)
Police Service Assistant 515 ($2574-3129)
Police Service Officer 531 ($2782-3381)
Police Services Dispatcher 556 ($3144-3822)
Rangemaster 531 ($2782-3381)
Senior Parking Control Officer 521 ($2650-3221)
Traffic Services Specialist 551 ($3067-3728)
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EXHIBIT B
BASIC SALARY AND WAGE SCHEDULE
The City's basic salary and wage schedule provides for a number of ranges of pay rates
(salary rate ranges) each comprised of five pay steps or rates. The salary rate ranges
are identified by a three-digit number and the steps by the letters A to E inclusive. For
non-management employees, the purpose of each step and the length of service required for
advancement within the rate range are summarized as follows:
A Step - Normal beginning pay rate.
B Step - Automatic Increase - After 6 mos. ' service in next lower
step. Also optional hiring rate.
C Step - Automatic Increase - After 12 mos. ' service in next lower
step. Also maximum hiring rate.
D Step - Automatic Increase - After 12 mos. ' service in next lower
step.
E Step - Merit Rate - After 18 mos. ' service in next lower step.
In the following salary schedule matrix, each salary range is identified by a three-digit
number. The first two digits are listed in the first vertical column on the left and the
third digit is listed horizontally across the top and identifies the appropriate column.
This three-digit range number locates "A" step of the range steps B, C, D and E are found
in the column directly below "A" step. For example, "A" step of Range No. 401 is found
to be $1476 by moving down the left column (Range No.) to the number 40 (the first two
digits of the Range No. ) , then horizontally to column 1 (the third digit of the Range
No. ) . The "A" step of $1476 has the remaining steps shown directly below, thus the full,
five-step range is 1476-1549-1627-1708-1793 . In the same manner, Range No. 455 is found
to be 1921-2017-2118-2223-2334.
SALARY SCHEDULE MATRIX
0 1 2 3 4 5 6 7 8 9
40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536
41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612
42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693
43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778
44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866
45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960
46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058
47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160
48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268
49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381
50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500
51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626
52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758
53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040
55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192
56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352
57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519
58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695
59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880
60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074
61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278
62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 III
63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718
64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954
65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201
66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461
67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734
68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021
69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322
70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638
50