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HomeMy WebLinkAboutSANTA ANA POLICE OFFICERS ASSOCIATION (POA) (9) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1997-98 THRU 1999-00 TABLE OF CONTENTS ARTICLE I RECOGNITION 2 ARTICLE II NON-DISCRIMINATION CLAUSE 3 ARTICLE III ATTENDANCE, WORKDAY AND WORKWEEK 4 ARTICLE IV SALARIES 8 ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 13 ARTICLE VI POLICE CAREER DEVELOPMENT PROGRAM 16 ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 21 ARTICLE VIII OVERTIME 24 ARTICLE IX HOLIDAYS 30 ARTICLE X VACATION 32 ARTICLE XI OTHER LEAVES OF ABSENCE 36 ARTICLE XII EMPLOYEE INSURANCE 45 ARTICLE XIII RETIREMENT 48 ARTICLE XIV RELEASE TIME FOR ASSOCIATION REPRESENTATIVE 50 ARTICLE XV SAFETY 52 ARTICLE XVI RESIDENCY 53 ARTICLE XVII DISCIPLINE 54 ARTICLE XVIII GRIEVANCE REVIEW PROCEDURE 56 ARTICLE XIX DUES DEDUCTION AND INDEMNIFICATION 59 ARTICLE XX CITY RIGHTS 60 ARTICLE XXI STRIKES AND WORK STOPPAGES 63 ARTICLE XXII LAYOFFS 64 ARTICLE XXIII SOLE AND ENTIRE AGREEMENT 65 ARTICLE XXIV WAIVER OF BARGAINING DURING THE TERM OF THIS 66 AGREEMENT ARTICLE XXV SEPARABILITY PROVISION 67 ARTICLE XXVI TERM OF AGREEMENT 68 ARTICLE XXVII RATIFICATION AND EXECUTION 69 EXHIBIT A ASSIGNMENT OF CLASSES TO SALARY RATE RANGES 71 EXHIBIT B BASIC SALARY AND WAGE SCHEDULE 72 ARTICLE I 1 . 0 RECOGNITION 1 . 1 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, Communications 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 . 2 ARTICLE II 2 . 0 NON-DISCRIMINATION CLAUSE 2 . 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 union membership, or in violation of Government Code Sec . 3506 et pro . 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 . 2 . 2 Whenever reference is made to the masculine gender it shall be understood to include the feminine gender, unless expressly stated otherwise . 3 ARTICLE III 3 . 0 ATTENDANCE, WORKDAY AND WORKWEEK 3 . 1 Attendance . Employees covered by this Agreement shall be in attendance at their work location during hours prescribed by the Police Chief or his designee (s) and shall not absent themselves during prescribed hours without approval of the Chief of Police or his designee (s) . Any alternative work schedule is at the Police Chief' s discretion. 3 . 2 3/12 - 4/12 Work Schedule . Effective February 1, 1994 , the City implemented 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 . 3 . 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 . 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 assignment or other schedule change, 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 4 (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. 3 . 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 time) . 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 . 5 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. 3 . 5 Definitions of Terms For Employees Assigned To A 4/10 Work Schedule . A. Workday. For employees assigned to a 4/10 work schedule, 10-1/2 hours shall constitute a regular workday, except for employees in designated assignments, for whom 11 hours shall constitute the workday. Employees assigned to a 10-1/2 workday will receive 1/2 hour of unpaid lunch, and employees assigned to an 11-hour day will receive 1 hour of unpaid lunch. B . Workweek. The minimum workweek for all employees covered by this Section shall consist of forty (40) hours . C. Changes/Modifications . Since this schedule may need modification during the life of the Agreement to meet department and community needs, said changes shall be made at the discretion of the Police Chief or his designee (s) after meeting and conferring in good faith with the Association. 3 . 6 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 Communications Services Operator Dispatch Center B . Workday. A workday for the above stated classes and position assignments shall be either 12 hours, or eight (8) hours each with an additional 30 minutes for unpaid meal time . 6 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 eighty (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 an 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 7 ARTICLE IV 4 . 0 SALARIES 4 . 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 . 4 . 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 (3) 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 4 . 7 below. 4 . 3 Salaries . A. Effective July 1, 1998 , the base salaries of employees covered by this Agreement shall be increased by seven (7) salary rate ranges (3 . 5%) . B . Effective July 1, 1999 , the base salaries of employees covered by this Agreement shall be increased by seven (7) salary rate ranges (3 . 5%) . C. 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. D. 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 deduction in pay of two (2) salary rate ranges . E . If any other City bargaining unit receives an across-the-board salary increase in excess of 3 . 5%, but not to exceed 4%, in either 1997-98 , 1998-99 or 1999-00, respectively, then the employees covered by this Agreement shall receive the same . 8 F . Effective July 1, 1998, employees will contribute one (1) salary rate range ( . 5%) of their regular monthly salary towards the provision of retiree health insurance premium reduction assistance . This will be funded in the form of a payroll deduction taken from the 1998-99 and 1999-00 salary increases, respectively. 4 . 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 . 4 . 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 . 4 . 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 9 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 reappointed 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 . 4 . 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 B 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 Section 4 . 2 and Exhibit 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 Santa Ana Municipal Code and/or the City Manager during the period of service time of such officer or employee subsequent to this last salary advancement . 10 2 . The Police Chief, 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 4 . 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 merit step E, 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. 4 . 8 Reduction in Salary Steps . Any officer or employee who is being paid on merit step E may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Police Chief, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 4 . 7 above, and such officer or employee may be considered for readvancement under the same provisions as contained in Subsection C of Section 4 . 7 . 4 . 9 Promotional Salary Advancement . When an officer or employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "A" in the appropriate salary rate range for the higher classification; provided however, that if the base salary step currently being paid such officer or employee is already equal to or higher than said Step "A, " he or she will be placed in the lowest step in the appropriate salary rate range as will grant that officer or employee an increase of at least 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 11 shift differential, assignment pay and bilingual pay. 4 . 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 Police Chief 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 4 . 8, above) . 4 . 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 . 12 ARTICLE V 5 . 0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 5 . 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. 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 discretion and based on the department' s need may assign sworn officers to standby status for Saturday and Sunday, holidays, or other days as determined by the Police Chief . Officers thus assigned will be compensated at the rate of two (2) hours of straight time per day of standby duty. 5 . 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, Police Services Dispatcher, Communications Services Officer, Detention Officer, and Detention Supervisor 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 . 13 5 . 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 Police Chief or his designee to a position requiring bilingual capability in both English and one of the following languages : Spanish, Samoan, Vietnamese, Cambodian, Korean, 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) . Employees receiving "Street Level Proficiency" incentive pay may 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. 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 ten (10) salary rate ranges (5 . 00) . 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. " 14 5 . 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 Police Chief . 15 ARTICLE VI 6 . 0 POLICE CAREER DEVELOPMENT PROGRAM 6 . 1 Definitions . For the purpose of clarifying the criteria for the Police Career Development Program designations set forth in Sections 6 . 3 through 6 . 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 Police Chief 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 or a grade of "Pass" when evaluated by the "Pass/Fail " method will be accepted. If such ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. S . 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) 16 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 . 6 . 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 (acquisition) 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 . 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 Police Chief . E. Approval of the Police Chief . The number of such designations as C. S . I . shall be no larger than the requirements of the department as determined by the Police Chief . 6 . 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 : 17 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 Police Chief . 6 . 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 paid at a rate set twenty-five (25) salary rate ranges (12 . 5%) above his or her then current base monthly salary step in the Police Officer classification. The criteria for such designation shall be as follows : A. Completion of seven (7) years of municipal police experience and attainment of the "E" Step of the base salary rate range for the Police Officer classification. B. 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 . C. Approval of the Police Chief . 6 . 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 paid at a rate set thirty (30) salary rate ranges (15%) above his or her then current base monthly salary step in the Police Officer classification. The criteria for such designation shall be as follows : A. Completion of nine (9) years of municipal police experience and attainment of the "E" Step of the base salary rate range for the Police Officer classification. B. 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 . 18 C. Approval of the Police Chief . 6 . 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 and attainment of the "E" step of the base salary rate range for the Police Sergeant classification. B . Completion (acquisition) of at least sixty (60) educational and/or training units . C. Approval of the Police Chief . 6 . 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 in the Police Sergeant class . The criteria for such designation shall be as follows : 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 Police Chief . 6 . 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 in the Police Sergeant class . The criteria for such 19 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 Police Chief . 20 ARTICLE VII 7 . 0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 7 . 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. 7 . 2 Eligibility. A. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G. I . Bill , scholarships, etc . C. Applications will be approved only for courses directly related to the employee' s job or directly related to a promotional position in the employee' s occupational specialty. D. Courses not ostensibly related to the employee' s job, but which are required to qualify for a degree that is directly related to his 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 21 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 the Police Chief to attend a particular course or seminar, the expense shall be borne entirely by the City. 7 . 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 . 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 and winter sessions shall be counted as separate "semesters" 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 22 equal two-thirds (2/3) of one (1) "semester" unit . 7 . 4 Procedures . A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete an Application for Training and Educational Assistance form and submit it to the Police Chief . B . The Police Chief will recommend approval or disapproval and forward the application to the Personnel Services Department . It is advisable that the applicant accomplish the procedures so far described prior to the inception of the course or disbursement of personal funds in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy. C. 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 to the Personnel Services Department . 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. D. Upon receipt of the 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 Personnel Services Department will compute the amount of reimbursement, authenticate the application and forward it to the Police Chief . E . The Police Chief will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget of the Police Department . 23 ARTICLE VIII 8 . 0 OVERTIME 8 . 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 Police Chief, or an authorized representative of the City Manager or Police Chief, may require an employee to perform overtime work. 8 . 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 workday 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. 8 . 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. 8 . 4 Compensation for Overtime. A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one- 24 half (1-1/2) times the employee' s regular rate of pay. B . Should the Police Chief 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 . 8 . 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. 8 . 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 . 8 . 7 No Effect on Other Benefits . Overtime work shall not apply to the earning of employee benefits (retirement , 25 holidays, vacation accrual, sick leave accrual and employee insurance benefits) , toward the completion of probationary period or to progression within a salary rate range . 8 . 8 Overtime Work to be Apportioned. To the extent that he is reasonably able to do so, the Police Chief shall arrange work programs to minimize overtime work; necessary overtime work shall be apportioned among employees of like classification and assignment . 8 . 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. 8 . 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. 8 . 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 a 1 hour, 30 minute 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 26 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, or 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 . 8 . 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. 8 . 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. 8 . 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 . 27 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. Such employee may elect, in lieu of paid time, two (2) hours of compensatory time off for standby time and not appearing in court . 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 (60) 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. 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 his/her "Time Off Bank" or from compensatory time off at the beginning of their scheduled shift to ensure adequate rest . 8 . 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 28 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 gains 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 Police Chief 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 Police Chief or his designee . 8 . 16 Declaration of State of Emergency. Emergencies shall be governed by the provisions of Santa Ana Municipal Code Section 9-194 . 8 . 17 Compensation of Voluntary Contract Overtime . Exclusive of other provisions of this Article, except Section 8 . 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 Police Chief 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 Police Chief may offer the remaining "openings" to any person (s) he deems capable of performing the work at whatever straight-time pay rate the City considers to be appropriate . 29 ARTICLE IX 9 . 0 HOLIDAYS 9 . 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. • 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. 9 . 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 30 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. 9 . 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 . 9 . 4 This "time off, " as defined in Article X, Section 10 . 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. 9 . 5 Holiday benefits may not be carried over from one calendar year to the next . 31 ARTICLE X 10 . 0 VACATION 10 . 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 . 10 . 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, regardless of the employee' s daily work schedule . 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 service, 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 . 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 . 32 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 Police Chief, 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 Police Chief . 10 . 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 33 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 Santa Ana Municipal Code or by reemployment from layoff within one (1) year. D. Leave of absence without pay, as provided in Article XI , Section lE (Sick Leave-Extended) and Section 10 . 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 9-143 of the Santa Ana Municipal Code 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. 10 . 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) , eight (8) hour 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 34 (30) , eight (8) hour 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) , eight (8) hour 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 Police Chief may provide for a 30-day extension beyond the normal cut off date so that such employee will not lose vacation time. 10 . 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 . 10 . 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, holidays, and compensatory time 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 Police Chief 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 Police Chief, 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 VIII , "Overtime" , Article IX, "Holidays" , 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. 35 ARTICLE XI 11 . 0 OTHER LEAVES OF ABSENCE 11 . 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 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. 36 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 100% 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) , eight (8) hour 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 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 37 to report for duty. When the absence is more than three (3) consecutive working days, the employee must present to the Police Chief 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 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. For purposes of this section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his/her specific workday schedule . 38 K. Payment for Unused Sick Leave . 1 . Except in cases of disability retirement, upon non-disciplinary termination of employment after ten (10) years of 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 11 . 1K, 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 39 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. 11 . 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, For purposes of this Section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his/her specific workday schedule . Such leave is designated as bereavement leave . " Immediate family" as used in this section is limited to: A. Any relative by blood or marriage who is a member of the employee' s household; B . A parent, 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. 11 . 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 9-143 of the Santa Ana Municipal Code . 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 and Section 9- 144 of the Santa Ana Municipal 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 40 temporary active duties . 11 . 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 the Police Chief 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. 11 . 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 . 11 . 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 Police Chief of the cause of his absence, the Police Chief may restore him to his position, with the City Manager' s approval . 11 . 7 Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive working days, may be authorized by the Police Chief . 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 Police Chief they serve the best interest of the City. 11 . 8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status plus action by the Police Chief recommending approval of the request, the City Manager may grant a leave of absence for up to six (6) months . An employee returning to duty with the City shall inform the Police Chief 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 Police Chief will take steps necessary to restore the employee to his or her former 41 position. 11 . 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 interests of the City. 11 . 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 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. 11 . 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 Program. 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 Police Chief or his designee as provided herein below. 42 3 . Donations shall be for a minimum oftwo (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. Full-time employees shall be eligible for catastrophic leave donations if the following criteria are met : 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 Police Chief or his 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 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 Police Chief or his 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 : 43 A. His/her name, department name, and employee 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 employee number 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 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. 44 ARTICLE XII 12 . 0 EMPLOYEE INSURANCE 12 . 1 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 employees 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 . Further, all bargaining unit employees and the Association shall hold the City harmless, defend and indemnify the City for any claims regarding the administration of , or the payment of, claims under any Association-sponsored medical plan (s) . If any other City bargaining unit receives an increase in contribution toward health insurance benefits during the term of this Agreement, the employees covered by this Agreement will receive an equivalent amount . 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 45 in accordance with the following schedule : i . 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- 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 . D. 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 . 12 . 2 Retiree Health Insurance Plan. Members retiring on or after July 1, 1997, will be provided health insurance premium reduction assistance . For retirees out of the health insurance service area, the City shall require verification of health insurance premiums and will pay said retirees directly for their health insurance. However, in no case will payment exceed actual premium cost . The Association agrees to a no-interest loan to the Retiree Health Insurance Plan of $300, 000 for immediate implementation of this plan. The loan is repayable at the expiration of the Agreement, and it will be repaid from the one-half percent ( . 5%) collected from the active employees' salary deduction. In order to continue funding the plan, effective July 1, 1998 , bargaining unit members will contribute one-half percent ( .5%) of the 1998-99 salary increase and one-half percent ( . 5%) of the 1999-00 salary increase. These amounts will be contributed in the form of a monthly salary deduction from each employee represented by the Police Officers Association. 46 All bargaining unit employees and the Association shall hold the City harmless, defend and indemnify the City for any claims regarding the administration of, or the payment of , claims under any Association designed retiree health insurance benefit plan. 12 . 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 . All bargaining unit employees and the Association shall hold the City harmless, defend and indemnify the City for any claims regarding the administration of, or the payment of, claims under any Association designed retiree health insurance benefit plan. 47 ARTICLE XIII 13 . 0 RETIREMENT 13 . 1 General . The City shall continue to make contributions to the California Public Employees' Retirement System (CalPERS) in accordance with its contract with CalPERS for employees covered by said contract as amended on January 1, 1990 . 13 . 2 Deferred Retirement . The City shall continue to make payment to CalPERS 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 CalPERS account . 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 . 48 For the purpose of reporting an ' employee' s compensation to CalPERS, the City shall include these payments as if they were a part of the employee' s base salary. C. The City will provide CalPERS third level of 1959 Survivors Benefit to all eligible employees in the unit . 49 ARTICLE XIV 14 . 0 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: 14 . 1 The Association shall reimburse the City for one hundred percent (100%) 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 8 . 15 of Article VIII of this Agreement . 14 . 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. 14 . 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 . 14 . 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 or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the 50 negligent acts, errors, or omissions, or arising out of the intentional or malicious acts of Association' s representative . 14 . 5 The Association and the City of Santa Ana agree that the Association' s representative will not be required to carry out any peace officer' s duties during such time that the 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 . 14 . 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 . 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 : A. 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 . B . 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. C. The Association representative may not donate his/her accrued vacation or holiday time . 51 ARTICLE XV 15 . 0 SAFETY 15 . 1 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. 52 ARTICLE XVI 16 . 0 RESIDENCY 16 . 1 Effective as soon as practicable following the execution of this Agreement, the City shall perform any and all acts that are necessary so as to remove appropriate limitations upon where employees may reside who are covered by this Agreement . At the discretion of the Police Chief, selected special duty assignments may be designated as rapid response assignments . In those instances, the Police Chief may apply specific residency requirements upon members assigned to those positions . 53 ARTICLE XVII 17 . 0 DISCIPLINE 17 . 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 . 17 . 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 Police Chief , the City Manager, Personnel Board or a court of competent jurisdiction, that cause did not exist for the ordered absence, the employee shall have restored to him any paid leaves of absence against which such absence may have been charged, and he shall be granted a retroactive leave of absence with pay for the time during which he was prohibited from performing the duties of his position, less any compensation paid to him by the City during such ordered absence 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 . 54 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. 55 ARTICLE XVIII 18 . 0 GRIEVANCE REVIEW PROCEDURE 18 . 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 . 18 . 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 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 56 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. 18 . 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 Police Chief . 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 Police Chief . 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 Police Chief 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 . E . The Police Chief shall inform the employee of his action within ten (10) working days after the 57 conference with the Chief is held if one is held. The original of the grievance form and the Police 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 Police Chief of his decision on the matter, and the reasons thereof, submit the grievance 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 Police Chief' 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. 58 ARTICLE XIX 19 . 0 DUES DEDUCTION AND IDEMNIFICATION 19 . 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. 19 . 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 . 59 ARTICLE XX 20 . 0 CITY RIGHTS 20 . 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 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 60 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 provisions and procedures set forth in the City Charter and Santa Ana Municipal Code . M. To determine job classifications and to reclassify employees . 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 . 20 . 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 . 20 . 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 61 eligible and which he or she enjoyed prior to entering into this Agreement . 62 ARTICLE XXI 21 . 0 STRIKES AND WORK STOPPAGES 21 . 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 disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 21 . 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. 21 . 2 Association Responsibility. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 21 . 1A 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 21 . 1A, and return to work. 63 ARTICLE XXII 22 . 0 LAYOFFS 22 . 1 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 still listed in the City' s current basic classification and compensation plan. 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 position is vacant . D. Notice of Service . On request, a 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 . 64 ARTICLE XXIII 23 . 0 SOLE AND ENTIRE AGREEMENT 23 . 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 rights which may be asserted hereunder. This Agreement is not intended to conflict with federal or state law or the City Charter. 23 . 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 . 65 ARTICLE XXIV 24 . 0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 24 . 1 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 . 66 ARTICLE XXV 25 . 0 SEPARABILITY PROVISION 25 . 1 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 . 67 ARTICLE XXVI 26 . 0 TERM OF AGREEMENT 26 . 1 The term of this Agreement shall be from July 1, 1997, through June 30 , 2000 . 68 ARTICLE XXVII 27 . 0 RATIFICATION AND EXECUTION 27 . 1 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 , 1998 . CITY OF SANTA ANA, a Municipal Corporation. of th e of Califo a Dated: MAYOR Dated: / - /-6"W By: CITY MANAG R Dated: �'' /5 � By: r % EMPLOYEE RELATIONS MGR. PERSONNEL SERVICES ATTES ti C RK /r!' T`E COUNCIL VED AS TO FORM: jG -. - J A-Ss1s([y✓� CITY ATTORNEY • 69 This Agreement has been ratified by the membership of the Santa Ana Police Officers Association. SANTA ANA POLICE OFFICERS ASSOCIAT, N Dated: BYE,,/l Ji1'�i='�' y" ."c . `PRES I DENT e.01 CHARLES DWASSER, ESQ . 627 ' &- X) PHIL ARCHER / DENNIS BANNON • skin RI CULLIN�S 9 Al OHN DOUTHIT °At- MARK NIC OLS doHOA Je BOB REED () HARLIE SAMPSON 70 • • D, HF H . 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V 0 c > yi id N W U W. U k P H O P U(H r (d a) a) J) W W W .H Hi.H .H DI w N .H.H b1 CO .0 J) a) a) o N X a) a a 0 E E a) a s > > six w a) W • 1-7 .011 N Vi k H H 0 91 li V E W a) O W O E E > O O (J H P a) N cl) J)-H o E U) Vi W X O O 0 (d-H 0 0 V 0 0 H k DI W W W J.W ) m H o H 00) UV uw E000000 VUHOI a (24V) V) m Wa a) si I H CO CO O Hi(H O-Hi•HV E'H-H-H bl W U P al N N W D; Hi H SI 0 O O -0 U H W W W 0 W a) N W W W a) W W E k-H >,a) al CO 0) a HIH a EEX EfN 1a) a) a) a) mw.X- 11--rHi.H-rH-rH-Ui-rHi bioH ro OH a rci HH H .H-H' IUd o P4 "m aJ d)-rH 0 0 0 IH 0 0 0 0 0 0 0 0 0 rd W P m o k U o a, a u 00 W UQggfNNNNCL FL W P1 W P101P1 1 W NCOH CID 0 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 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 72