HomeMy WebLinkAboutItem 11 - Revised Memorandum of Understanding with the Santa Ana Police Association Human Resources Department
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Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 7, 2026
TOPIC: Revised Memorandum of Understanding Between the City of Santa Ana and
the Santa Ana Police Officers Association
AGENDA TITLE
Revised Memorandum of Understanding Establishing the Terms and Conditions of
Employment for Classifications Represented by the Santa Ana Police Officers
Association (POA)
RECOMMENDED ACTION
Authorize the City Manager to execute a revised Memorandum of Understanding (MOU)
between the City of Santa Ana and the Santa Ana Police Officers Association (POA) for
the period of January 1, 2024 through June 30, 2027, modifying and delineating specific
articles of the MOU (Agreement No. 2026-XXX).
GOVERNMENT CODE 484308 APPLIES: No
DISCUSSION
The City Council approved a Memorandum of Understanding (MOU) between the City of
Santa Ana and the Santa Ana Police Officers Association (POA) on June 16, 2024. The
City and POA now desire to alter a few items in the MOU. Articles 5.0 and 6.0 of the MOU
outlines assignment and other special pay additives. On May 28, 2025, Council approved
the creation of the Correctional Officer II classification. To reflect the new classification,
the City and POA have agreed to update Article 5.0. This would create a promotional
opportunity for Correctional Officers to advance from Correctional Officer I to Correctional
Officer II. Also, the City and POA have agreed to provide a new pay premium of 2.5% for
Jail Transportation Officers. Correctional Officers are required at times to transport
inmates; the City and POA desire to provide additional pay for those Correctional Officers
that obtain the certification required and who are regularly assigned to this duty. In
addition, this revised MOU language will clarify that the current pilot premium would also
apply to fixed wing aircraft pilots.
The City has received multiple letters from CalPERS questioning if specific assignment
pays and special additives should be considered pensionable. The proposed changes
would clarify the various requirements for the assignment pays and special additives
where applicable and clarify the language to meet CalPERS questions matching the intent
Revised Memorandum of Understanding between the City of Santa Ana and the Santa
Ana Police Officers Association
April 7, 2026
Page 2
of both the City and the POA. The updated language does not alter the intent of the MOU
nor the past practice of implementing the MOU.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with these actions.
FISCAL IMPACT
The estimated annual cost of the agreement for FY25-26 is $18,886 for the jail transport
premium and fixed wing pilot premium. Funds are available for expenditure in the Fiscal
Year 2025-2026 budget. Funding for subsequent years will be included in the proposed
budgets for City Council consideration.
EXHIBIT
1. Revised Memorandum of Understanding between the City of Santa Ana and the
Santa Ana Police Officers Association
Submitted By: Lori Schnaider, Executive Director of Human Resources
Approved By: Alvaro Nunez, City Manager
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SANTA ANA
AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
JANUARY 1, 2024 - JUNE 30, 2027
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR 2024-2027
TABLE OF CONTENTS
ARTICLEI ..................................................................................................................................... 1
1.0 RECOGNITION................................................................................................................... 1
ARTICLE1I.................................................................................................................................... 2
2.0 NON-DISCRIMINATION CLAUSE................................................................................... 2
ARTICLEIII................................................................................................................................... 3
3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY........................ 3
ARTICLEIV .................................................................................................................................. 8
4.0 SALARIES ........................................................................................................................... 8
ARTICLEV.................................................................................................................................. 12
5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES .......................................... 12
ARTICLEVI ................................................................................................................................ 20
6.0 CAREER DEVELOPMENT PROGRAM ......................................................................... 20
ARTICLEVII............................................................................................................................... 24
7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM.................................... 24
ARTICLEVIII.............................................................................................................................. 27
8.0 OVERTIME........................................................................................................................ 27
ARTICLEIX ................................................................................................................................ 35
9.0 HOLIDAYS........................................................................................................................ 35
ARTICLEX.................................................................................................................................. 38
10.0 VACATION...................................................................................................................... 38
ARTICLEXI ................................................................................................................................ 42
11.0 OTHER LEAVES OF ABSENCE.................................................................................... 42
ARTICLEXII............................................................................................................................... 49
12.0 EMPLOYEE INSURANCE ............................................................................................. 49
ARTICLEXIII.............................................................................................................................. 51
13.0 RETIREMENT................................................................................................................. 51
ARTICLEXIV.............................................................................................................................. 55
14.0 ASSOCIATION LEAVE.................................................................................................. 55
ARTICLEXV............................................................................................................................... 58
15.0 RESIDENCY.................................................................................................................... 58
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ARTICLEXVI.............................................................................................................................. 59
16.0 DISCIPLINE..................................................................................................................... 59
ARTICLEXVII............................................................................................................................ 62
17.0 GRIEVANCE REVIEW PROCEDURE.......................................................................... 62
ARTICLEXVIII........................................................................................................................... 64
18.0 DUES DEDUCTION AND INDEMNIFICATION......................................................... 64
ARTICLEXIX.............................................................................................................................. 65
19.0 CITY RIGHTS.................................................................................................................. 65
ARTICLEXX............................................................................................................................... 67
20.0 STRIKES AND WORK STOPPAGES............................................................................ 67
ARTICLEXXI.............................................................................................................................. 68
21.0 LAYOFFS......................................................................................................................... 68
ARTICLEXXII............................................................................................................................ 69
22.0 SOLE AND ENTIRE AGREEMENT.............................................................................. 69
ARTICLEXXIII........................................................................................................................... 70
23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU.......................... 70
ARTICLEXXIV........................................................................................................................... 71
24.0 SEPARABILITY PROVISION........................................................................................ 71
ARTICLEXXV............................................................................................................................ 72
25.0 TERM OF MOU............................................................................................................... 72
EXHIBITA................................................................................................................................... 75
MONTHLY WAGE RATE SCHEDULE................................................................................ 75
EXHIBITB................................................................................................................................... 79
UNIFORM ALLOWANCE BY CLASSIFICATION.............................................................. 79
EXHIBITC................................................................................................................................... 80
HEALTH PLAN AGREEMENT ............................................................................................. 80
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ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions 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" or "SAPOA") as the
recognized representative of the bargaining unit which includes full-time police department
employees in the sworn, "safety-member" classifications and full-time police department
employees in the non-sworn, "miscellaneous-member" classifications listed in Exhibit A,
as well as such classifications as may be added hereafter by resolution of the City Council.
All other classifications not specifically listed in Exhibit A or added to this Association via
resolution to the City Council are excluded from representation by the Association.
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ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and Association agree that they shall not discriminate against any employee in
violation of State or Federal law. The City and the Association shall meet and modify any
provisions of this MOU that are inconsistent with the law.
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ARTICLE III
3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE &WORKDAY
3.1 Attendance. Employees covered by this MOU shall be in attendance at their work location
during hours prescribed by the Police Chief or their designee(s) and shall not absent
themselves during prescribed hours without approval of the Police Chief or their
designee(s).
3.2 Definitions.
A. Standard Work Period. The Standard Work Period shall consist of a consecutive
seven (7) day, one hundred sixty-eight(168) hour period.
B. Alternative Work Period-207(k)Exempt Employees. The Alternative Work Period
shall apply to all members of the Association who are peace officers, Correctional
Officers I and II or Correctional Supervisors who are subject to the partial overtime
exemption provided by the Fair Labor Standards Act (FLSA) pursuant to Section
207(k). The 207(k) employees' Work Period shall consist of a consecutive twenty-
eight (28) day, six hundred seventy-two (672) hour time period. In conformance
with the FLSA, members who are peace officers, Correctional Officers I and II, or
correctional supervisors shall not be eligible for FLSA overtime, as defined under
the FLSA for employees assigned to the Alternate Work Period until they have
worked in excess of one hundred seventy-one (171) hours in the Alternate Work
Period. Nothing in this section shall prevent a peace officer, Correctional Officer I
and II or correctional supervisor from earning overtime and being compensated for
overtime based on the overtime provisions as stated in Article VIII of this MOU.
All overtime shall be paid at one and one-half(1 1/2) times the regular rate of pay.
Regular Rate of Pay: Shall mean the base rate of pay and any Assignment and Other
Special Pay Additives, Career Development Program Pay, Call-Back-Duty and
Court Appearance pay as listed in Article V, VI and VIII.
C. Work Hours. Work hours are the regularly scheduled hours of work as determined
by the Police Chief or their designee. A"day"is defined as any consecutive twenty-
four (24) hour period.
D. Work Schedules. The Police Chief has established the following work schedules.
These schedules may be changed by the Police Chief based on operational need.
The City will negotiate over any impacts of schedule changes.
1. Standard Work Period Schedules.
a. 5/40 Work Schedule. Employees shall work five (5) eight (8) hour
workdays per seven (7) consecutive days, one hundred sixty-eight
(168) hour Standard Work Period. Each workday shall consist of
eight(8)hours of work and a thirty(30)minute unpaid meal period.
5/40 work schedules for employees may be an option if approved by
their supervisor/manager.
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b. 4/10 Work Schedule. Employees shall work four (4) ten (10) hour
days per seven (7) consecutive days, one hundred sixty-eight (168)
hour Standard Work Period. Each workday shall consist of ten(10)
hours of work, and either a thirty(30)minute or one (1)hour unpaid
meal period. The determination as to a thirty(30)minute or one (1)
hour unpaid meal period shall be made by the Police Chief or their
designee.
C. 9/80 Work Schedule. Employees shall work alternate weeks of four
(4) consecutive workdays nine(9) consecutive hours each followed
by five (5) consecutive workdays, four (4) of which consist of nine
(9) consecutive hours each and one (1) day of eight(8) consecutive
hours during each one hundred sixty-eight (168) hour Standard
Work Period. Each nine (9) hour workday shall consist of nine (9)
hours of work and either a thirty(30)minute or one (1)hour unpaid
meal period. For employees who work a 9/80 work schedule, their
FLSA work period shall begin exactly four (4) hours after the start
time of their eight (8) hour workday. The eight (8) hour workday
shall be divided by either a thirty(30)minute or one(1)hour unpaid
meal period. The determination as to a thirty(30)minute or one (1)
hour unpaid meal period shall be made by the Police Chief or their
designee.
d. 12/40 Work Schedule. Employees shall work three (3) twelve (12)
hour and thirty(30)minute workdays and one(1)four hour workday
in each seven (7) consecutive day, one hundred sixty-eight (168)
hour Standard Work Period. Each workday shall consist of eleven
(11)hours and thirty(30) minutes of work, and a one (1)hour meal
period, thirty (30) minutes of which shall be paid and thirty (30)
minutes of which shall be unpaid, for a total of twelve (12) hours
and thirty(30) minutes. The four (4)hour workday shall consist of
four (4) hours of work. Employees who work this shift actually
work an eight(8)hour shift where their FLSA work period shall end
exactly four(4)hours after the start time of their shift. This way the
second four (4) hours of the shift is worked in the next FLSA work
period. This ensure that the employee is schedule to work forty(40)
hours in each work period.
2. Alternate Work Period Schedules-207(k) Exempt Employees.
a. 207(k) 3/12.5 Work Schedule — Patrol/Canine. Employees shall
work thirteen (13)twelve(12)hour and thirty(30)minute workdays
in each twenty eight (28) day FLSA Work Period. Of the thirteen
(13) workdays, an employee assigned to this schedule shall be
required to work one (1) twelve (12) hour and thirty (30) minute
"payback" day each twenty-eight (28) day FLSA Work Period,
scheduled or assigned pursuant to the Department's work schedule
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policy. Each workday shall consist of twelve (12)hours of work and
a thirty(30)minute paid meal period. During each twenty-eight(28)
day FLSA Work Period, employees shall work one hundred sixty-
two and one half (162.5) hours. Upon completion of this work
schedule, employees will earn an additional two (2)hours and thirty
(30) minutes of vacation time, provided they do not take leave
without pay during that Work Period. Employees assigned to this
schedule are compensated for their meal periods. Consequently, if
an employee is unable to take their meal period, or is interrupted
during their meal period, they shall not receive further
compensation.
b. 207(k) 7/12.5 Work Schedule - Detention. Employees shall work
three (3) twelve (12) hour and thirty (30) minute workdays in one
(1) seven(7)day period and four(4)twelve (12)hour and thirty(30)
minute workdays in the next seven (7) day period, or alternatively,
four(4)twelve(12)hour and thirty(30)minute workdays in the first
seven (7) day period and three (3) twelve (12) hour and thirty (30)
minute workdays in the following seven (7) day period. This cycle
shall be repeated twice each twenty-eight (28) day FLSA Work
Period. Each workday shall consist of eleven (11) hours and thirty
(30) minutes of work and a one (1) hour meal period, thirty (30)
minutes of which shall be paid and thirty(3 0)minutes of which shall
be unpaid, for a total of twelve (12) hours and thirty (30) minutes.
During each twenty-eight (28) day FLSA Work Period, employees
assigned to the 207(k)7/12.5 Work Schedule shall earn one (1)hour
of vacation time if they do not take leave without pay during that
Work Period. Correctional Officers I and 11 will be compensated at
the time and a half overtime rate for all time worked in excess of
their regular work shift of twelve and one half (12.5) hours per
workday. The overtime compensation will apply only to actual time
worked beyond the regular shift.
C. 207(k) 4/10.5 Work Schedule-Detention Administration.
Employees shall work seven(7)ten(10)hour and thirty(30)minute
workdays and one (1) ten (10) hour workday during each two (2)
week period. This pattern will recur twice during the twenty-eight
(28) day FLSA Work Period. Each ten (10) hour and thirty (30)
minute workday shall consist of ten (10) hours and thirty (30)
minutes of work and either a thirty (30) minute or one (1) hour
unpaid meal period. The ten (10) hour workday shall consist of ten
(10) hours of work and either a thirty (30) minute or one (1) hour
unpaid meal period. The determination as to a thirty(30)minute or
one (1) hour unpaid meal period shall be made by the Police Chief
or their designee.
d. 207(k)4/10 Work Schedule. Employees shall work sixteen(16)ten
hour workdays in each twenty-eight (28) day FLSA Work Period.
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Each workday shall consist of ten (10) hours of work and either a
thirty (30) minute or one (1) hour unpaid meal period. The
determination as to a thirty(30)minute or one (1)hour unpaid meal
period shall be made by the Police Chief or their designee.
e. 207(k) 9/80 Work Schedule. Employees shall work five(5)nine(9)
hour workdays in one(1) seven(7) day period and three(3)nine (9)
hour workdays and one (1) eight (8) hour workday in the second
seven (7) day period, or alternatively three (3) nine (9) hour
workdays and one (1) eight (8) hour workday in the first seven (7)
day span and five (5) nine (9) hour workdays in the second span.
This cycle shall be repeated twice each twenty-eight(28) day FLSA
Work Period. Each nine (9) hour workday shall consist of nine (9)
hours of work and either a thirty(30) minute or one (1)hour unpaid
meal period. The eight (8) hour workday shall consist of eight (8)
hours of work and either a thirty(30) minute or one (1)hour unpaid
meal period. The determination as to a thirty(30)minute or one (1)
hour unpaid meal period shall be made by the Police Chief or their
designee.
f. 207(k) 9/81 Work Schedule. Employees shall work eighty-one (8 1)
hours in a consecutive fourteen (14) day, three hundred thirty-six
(336) hour period. This cycle shall be repeated twice each twenty-
eight (28) day FLSA Work Period. Employees shall work five (5)
nine (9) hour workdays in one (1) seven (7) day span and four (4)
nine (9)hour workdays in the second seven(7) day span. Each nine
(9) hour workday shall consist of nine (9) hours of work and either
a thirty (30) minute or one (1) hour unpaid meal period. While
assigned to the 9/81 schedule, an officer shall earn two (2)hours of
overtime during each twenty-eight (28) day FLSA Work Period,
unless they take leave without pay during the twenty-eight(28) day,
six hundred seventy-two (672)hour period.
3.3 Meal Periods. Except for those employees assigned to Patrol, other employees who do not
receive a paid meal period whose meal periods are interrupted by the performance of job
related duties, will receive another full, uninterrupted meal period or will be compensated
for their meal period at their overtime rate of pay at time and one-half(1.5) their regular
rate of pay. For purposes of this section, "interrupted"shall mean a significant interruption
of more than a few minutes (de minimis). For employees who receive a one (1)hour lunch
period (half(0.5) of which is paid) overtime compensation shall apply only to the unpaid
half (0.5) hour. Unless exigent circumstances exist beyond the Department's control,
employees assigned to Patrol shall be provided a thirty(30) minute paid meal period.
3.4 Detective Redeployment.
All employees assigned as detectives (investigators) shall work one (1) day per month in
the patrol function of the Field Operations Bureau pursuant to a schedule as determined by
the Chief of Police or their designee.
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Once each calendar year the Chief of Police shall conduct a review of the organization of
the Police Department to determine whether positions and assignments currently in the
Investigations Bureau represent a deployment of resources that best enables the department
to provide police services to the city. Effective the first day of the month following City
Council approval of this 2024-2027 MOU, the Chief of Police on a monthly basis shall
conduct a review of the organization of the Police Department to determine whether
positions and assignments currently in the Investigations Bureau represents a deployment
of resources that best enables the department to provide police services to the city.
The Chief of Police may, as a result of this review,remove positions and assignments from
the Investigations Bureau and assign them, and the individuals who occupy them, to other
bureaus or eliminate them and assign the individuals who occupy them to other positions
and assignments in the department.
The annual review and any re-assignment made as a result of the review shall be completed,
including the appeal thereof outlined below, sufficiently in advance of the annual patrol
deployment sign-up to enable those who will be assigned to Patrol to make use of their
seniority when choosing patrol shifts and days off.
Any employee who is informed that they will be removed from the Investigations Bureau
and lose the Investigations assignment pay differential may appeal per Article 16 to the
Chief of Police. This appeal constitutes the sole administrative appeal of the Chief s
decision, shall be conducted in an informal manner and the decision of the Chief shall be
final.
3.5 Field Operations shifts and requests for time off shall be based on seniority in job
classification and rank held within the employee's assigned Bureau.
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ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
members of the Association who are now employed or will in the future be employed in
any of the designated classifications of employment listed in this MOU and its attachments.
4.2 Salary Schedule. The basic salary schedule, attached hereto as Exhibit "A", and made a
part hereof as though set forth in full herein,provides salary ranges, each comprised of five
(5) steps or rates of pay.
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 range is
summarized as follows:
Step A Normal beginning pay rate
Step B After 6 months' service at Step "A" and the receipt of a "meets
standards"performance evaluation. Also optional hiring rate
Step C After 12 months' service in next lower step and the receipt of a
"meets standards" performance evaluation. Also maximum hiring
rate.
Step D After 12 months' service in next lower step and the receipt of a
"meets standards"performance evaluation.
Step E After 12 months' service in next lower step and the receipt of a
"meets standards"performance evaluation.
After the salary of an employee has been first established, the employee shall be advanced
from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C" to Step "D," or
from Step "D"to Step "E,"whichever is the next higher step to that on which the employee
has been previously paid, effective the first day of the month following completion of the
required length of service at each step. Employees shall be advanced from one step to the
next effective the first day of the pay period following completion of the required length
of service at each step. This assumes the employee has received at least a "meets
standards"performance evaluation which is a condition of moving to the next step.
For employees who are not at top step who receive their performance evaluation after the
first day of the month following their anniversary date, they shall move to the next step
retroactive to the first day of the month following their anniversary date. For employees
who are not at top step who receive their performance evaluation after the first day of the
pay period following their anniversary date, they shall move to the next step retroactive to
the first day of the pay period following their anniversary date.
If an employee who is not at top step receives an evaluation that is less than a "meets
standards" evaluation, they will be re-evaluated three (3) months after their anniversary
date. If they achieve a meets standards evaluation, they will then move to the next step on
the first day of the following pay period. If they do not receive at least a"meets standards"
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evaluation,they will not move to the next step and need to wait until the following year for
their next evaluation.
4.3 Salary Adjustments.
Effective the first full pay period following July 1, 2024, the base salary of employees
covered by this MOU shall be increased by four percent (4.0%).
Effective the first full pay period following July 1, 2025, the base salary of employees
covered by this MOU shall be increased by four percent (4.0%).
Effective the first full pay period following July 1, 2026, the base salary of employees
covered by this MOU shall be increased by four percent (4.0%).
4.4 Longevity Pay.
Longevity pay, as presented in the table below, is calculated as the listed percentage of the
employee's base monthly salary step. Each of the service year levels are stackable.
Sworn Employees — longevity for employees in the classifications of Police Officer and
Police Sergeant is defined as, total years of law enforcement service.
Non-Sworn Employees—longevity is defined as, total years of City service.
Effective First Full
Service Effective Pay Period Effective First Full
Employee Years January 1, Following July 1, Pay Period Following
Type Completed 2024 2025 July 1, 2026
Sworn
Employees 10 N/A 5% 5%
15 5% Additional 5% Additional 5%
20 11 Additional 5% I Additional 5% 11 Additional 5%
Non-Sworn
Employees 15 N/A 2.5% 5%
20 11 2.5% Additional 2.5% Additional 5%
4.5 Application of Basic Compensation Plan. The salary steps contained in Exhibit A are
monthly salary rates. All officers and employees working in classifications of employment
covered by this MOU 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 their employment. An employee's base rate of pay, which is also known as their
hourly rate of pay is computed by taking their monthly rate of pay and dividing it by one
hundred seventy-three and thirty-three hundredths (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 or higher shall fix the rate at the next higher whole cent.
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4.6 Be ig nnin.z Rates. A new employee of the City of Santa Ana shall be paid the rate shown
as Step "A" in the salary range allocated to the class of employment for which they have
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 any other Step within the
allocated salary range,provided that such employee shall be assigned such salary step upon
the commencement of their service in the classification of employment to which the salary
range applies and such assignment having once been made shall remain in effect until the
employee shall be entitled to advance to the next salary step in accordance with the further
provisions of this Article.
4.7 Service. The word "service" as used in this MOU shall be deemed to mean continuous,
full-time service in the classification in which the employee is being considered for salary
advancement, service in the higher classification or service in a classification allocated to
the same salary range and having generally similar duties and requirements. Employees
hired after the first (1st) working day of the month shall not be credited with "time-in-
service" for that month when determining the length of service required for salary step
advancement. A lapse of service by an employee for a period of time longer than thirty
(30) calendar days by reason of resignation or discharge, shall serve to eliminate the
accumulated length of service time of such employee for the purpose of this MOU and any
such employee reentering the service of the City shall be considered as a new employee,
except that they may be reappointed within one (1) year and may be placed in the same
salary step in the appropriate salary range as they was at the time of termination of
employment.
4.8 Promotional Salary Advancement. When an employee is promoted to a position in a higher
classification from a position in a lower classification in the same occupational job family
series, they shall be reassigned to Step "A" in the appropriate salary range for the higher
classification; provided however, that if the base salary step currently being paid to the
employee is already equal to or higher than said Step "A," they will be placed in the lowest
step in the appropriate salary range as will grant the employee an increase of at least one
(1) salary step over their current base salary step including assignment pays, shift
differential and bilingual pay being paid at the time of promotion.
4.9 Demotion. When an employee is demoted to a position in a lower classification, their
salary rate shall be fixed in the appropriate salary 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 range.
C. The new salary rate shall not be higher than the salary step to which the employee
would have been entitled had their service time in the higher classification been
spent in the lower classification.
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4.10 Reallocation of Salary Ranges. Any employee who is employed in a classification which
is reallocated to a different salary range from that previously assigned shall be retained in
the same salary step in the new salary range as they had previously held in the prior range
and shall retain credit for length of service in such step towards advancement to the next
higher step.
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ARTICLE V
5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
5.1 Assignment Pay Differentials.
Assignment pay differentials, as listed herein and throughout the MOU, will, in each case,
be added individually and separately to the employee's base salary. In no event shall one
(1) assignment pay differential be added to the employee's base salary as a basis for the
calculation of an additional pay differential.
5.2 Lead Worker/Supervisory Premium
Employees who are routinely and consistently assigned to lead("lead"is defined in Lexipol
Policy 1039) a functional unit which includes positions in the same or lower classifications
as the incumbent, shall be compensated as provided below:
A. Employees in the class of Police Services Dispatcher who are routinely and
consistently assigned to and actually performing in a lead capacity over an assigned
shift of Police Services Dispatchers will be paid assignment pay equal to five
percent (5.0%) of base pay for all hours paid. A leave of absence for an entire pay
period will result in the employee not receiving the pay for being a lead.
B. Employees in the class of Forensic Specialist I, who are routinely and consistently
assigned to and actually performing duties in a lead capacity over a primary
functional unit of Forensic Specialist I employees, will be paid assignment pay
equal to five percent (5.0%) of base pay for all hours paid.
C. Employees in the class of Police Officer who are assigned as a Corporal (i.e., who
are routinely and consistently assigned lead other employees)will be paid at a rate
of two and one half percent(2.5%) of base pay.
If an employee in the assignment of Corporal is assigned to lead a work unit without
a Sergeant, they will be paid an additional two and one half percent (2.5%) (for a
total of five percent (5%)) of base pay. At the present time, Directed Patrols and
Civic Center Patrol units are examples of such assignments.
D. Employees in the class of Correctional Officer I (and effective March 22, 2026 for
Correctional Officer 11)who are routinely and consistently assigned to and actually
performing in a lead capacity assigned to and actually performing duties of the
assignment of Senior Correctional Officer will be paid two and one half percent
(2.5%) of base pay for all hours paid.
E. Employees in the class of Firearms Examiner who are routinely and consistently
assigned to and actually performing duties in a lead capacity, will be paid five
percent (5.0%) of base pay.
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F. Notwithstanding the specific provisions of Article V, Section 5.2,A—E, employees
who are routinely and consistently assigned to and actually performing duties in a
lead capacity of a functional unit which includes positions in the same or lower
classifications as the incumbent, may be compensated up to five percent (5%) of
base pay for all hours paid for said duties upon mutual agreement of the City and
POA.
The parties agree that to the extent permitted by law, the pay in this section is special
compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as Lead Worker/Supervisory Premium. However, CalPERS ultimately
determines whether any form of compensation qualifies as special compensation.
5.3 Training Premium
A. Employees in the class of Police Services Dispatcher who are routinely and
consistently assigned to train employees will be paid assignment pay equal to five
percent (5.0%) of base pay when assigned to train employees.
B. Employees who are routinely and consistently assigned to train as a Training
Officer working in Field Operations, in the Detention facility, as a Forensic
Specialist II, or as the Training Coordinator will be paid two and one half percent
(2.5%) of base pay.
C. Employees who are routinely and consistently assigned to perform training
functions as a Parking Control Officer will be paid two and one half percent(2.5%)
of base pay.
The parties agree that to the extent permitted by law, this pay in this section is special
compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as Training Premium. However, Ca1PERS ultimately determines whether any
form of compensation qualifies as special compensation.
5.4 Detective Division Premium
Employees who are routinely and consistently assigned to an investigative unit who
are performing duties of an Internal Affairs Officer will be paid two and one half
percent (2.5%) of base pay.
The parties agree that to the extent permitted by law, the pay in this section is special
compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as Detective Division Premium. However, Ca1PERS ultimately determines
whether any form of compensation qualifies as special compensation.
5.5 Police Investigator Premium
A. Sworn employees identified by the Police Department, who are routinely and
consistently assigned to analyze crimes or investigative accidents and actually
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performing duties of a Detective/Investigator assigned to the Investigations
Division or Special Investigations Units will be paid two and one half percent
(2.5%) of base pay.
B. Sworn employees identified by the Police Department, who are routinely and
consistently assigned to a detective or intelligence division and who are actually
performing duties of a Background Investigator will be paid two and one half
percent (2.5%) of base pay.
The parties agree that to the extent permitted by law, the pay in this section is special
compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as Police Investigator Premium. However, CalPERS ultimately determines
whether any form of compensation qualifies as special compensation.
5.6 Motorcycle Patrol Premium
Police Officers or Police Sergeants who are routinely and consistently assigned to and
actually performing duties of a Motor Officer assigned to the Traffic Division who are
routinely and consistently assigned to operate and/or patrol on motorcycle will be paid two
and one half percent (2.5%) of base pay. Motor Officers shall maintain their motorcycle
on duty.
The parties agree that to the extent permitted by law, the pay in this section is special
compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3) as Motorcycle Patrol Premium. However, CalPERS ultimately determines
whether any form of compensation qualifies as special compensation.
5.7 Aircraft/Helicopter Premium
Employees in the class of Police Officer who are routinely and consistently assigned as a
helicopter or fixed wing aircraft pilot will be paid five percent (5.0%) of base pay. This
pay does not apply to individuals who pilot a drone.
The parties agree that to the extent permitted by law, this pay is special compensation and
shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as
Aircraft/Helicopter Premium. However, CalPERS ultimately determines whether any
form of compensation qualifies as special compensation.
5.8 Search Pay Premium
Effective March 22, 2026,employees in the classifications of a Correctional Officer
I, Correctional Officer 11, or Correctional Supervisor who are routinely and
consistently assigned to search and process prisoners in the induction area of jails
as a Jail Transport Officer will be paid two and one half percent(2.5%)of base pay.
The parties agree that to the extent permitted by law, this pay is special compensation and
shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Search Pay
Premium. However, CalPERS ultimately determines whether any form of compensation
qualifies as special compensation.
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5.9 Shift Differential Pay
A. Non-Sworn Personnel. Employees in the classes of Animal Service Officer I,
Animal Service Officer II, Forensic Specialist I, Crime Research Analyst, Forensic
Specialist II, Police Communications Supervisor, Police Investigative Specialist,
Police Property&Evidence Specialist,Police Service Officer,Police Evidence and
Supply Specialist, Police Services Dispatcher, Communications Services Officer,
Correctional Officer, (effective March 22, 2026 for Correctional Officer 11),
Correctional Supervisor and Parking Control Officer who are routinely and
consistently assigned to a schedule of work which requires that they 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 of five percent (5.0%) of base
pay.
B. Sworn employees covered by this MOU who are routinely and consistently
assigned to a schedule of work that requires that they actually work a minimum of
four and one-half(4 '/z) hours between the hours of 5:00 P.M. and 7:00 A.M. will
be paid a shift differential at a rate of five percent (5.0%) of base pay.
The parties agree that to the extent permitted by law, pay for shift differential is special
compensation and shall be reported as such, pursuant to Title 2 CCR, Section 571(a)(4)
and 571.1(b)(3) as Shift Differential. However, Ca1PERS ultimately determines whether
any form of compensation qualifies as special compensation.
5.10 Bilingual Pay. Qualified employees who meet the following criteria shall be paid a monthly
pay differential, above their base monthly salary step, as follows:
A. Assignment by the Police Chief or their designee to a position requiring bilingual
capability in both English and any other language and American Sign Language;
and
B. Certification is determined by an employee's passing score on a bilingual
proficiency examination. . Employees must recertify for this pay every three (3)
years.
C. Sworn: Street Level Proficiency in Spanish. A Police Officer or Sergeant who
successfully demonstrates the required level of bilingual fluency as determined by
determined by an employee's passing score on a bilingual proficiency examination
shall be paid bilingual pay of equal to the product obtained by multiplying the Step
"E" base salary rate of Police Officer by two and one half percent (2.5%) of base
pay.
D. Sworn: Complex Level Proficiency in Designated Languages. A Police Officer or
Police Sergeant who successfully demonstrates the required level of bilingual
fluency as determined by an employee's passing score on a bilingual proficiency
examination shall be paid a bilingual pay equal to the product obtained by
multiplying the Step "B" base salary rate of Police Officer by five percent(5%) of
base pay.
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E. Non-Sworn: Secondary Level Proficiency in Designated Languages. An employee
who is routinely and consistently assigned to a position requiring communication
skills in languages other than English. where regular and frequent bilingual usage
is necessary to the performance of duties, but not a major, essential, or integral
element of the work and who successfully demonstrates the required level of
bilingual fluency as determined by an employee's passing score on a bilingual
proficiency examination shall be paid seventy-five dollars ($75)per month.
F. Non-Sworn: Primary Level Proficiency in Designated Languages. An employee
who is routinely and consistently assigned to a position requiring communication
skills in languages other than English where bilingual proficiency is essential to
carry out duties and responsibilities of a critical and/or emergency nature without
ready access to backup assistance, or positions where bilingual public contact is a
major, essential, or integral element of the work being performed, will be
designated as Primary Bilingual Assignments. A non-sworn employee assigned to
such a position who successfully demonstrates the required level of bilingual
fluency shall be paid three hundred dollars ($300)per month.
The parties agree that to the extent permitted by law,bilingual pay is special compensation
and shall be reported pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as
Bilingual Premium. However, Ca1PERS ultimately determines whether any form of
compensation qualifies as special compensation.
5.11 Temporary Upgrade Assignment Pay. The parties acknowledge that from time to time it
may be necessary for the department to fill a temporarily vacant, full-time budgeted,
higher-level position due to the temporary absence of the incumbent or if the higher-level
position becomes vacant (up to 960 hours). The parties agree that such a position may be
filled by an eligible unit member (this means an employee must meet the minimum
qualifications for the higher-level position and shall be responsible for performing the full
range of duties and responsibilities of the higher-level classification) for an initial period
of up to six (6) months, and at the discretion of the Chief of Police, for an additional six
(6) months; and that the employee assigned to fill such a position shall receive Temporary
Upgrade Assignment Pay as set forth below:
A. Eligibility.
Full-time employees shall be assigned to fill a vacant, full-time budgeted, higher-
level position, and shall receive Temporary Upgrade Assignment Pay for filling
that position,when the occupier of that position is not performing the duties of that
position for a period of two (2) consecutive calendar weeks or more. An employee
filling a position under this section who is absent for two (2) days or less during the
two (2) consecutive calendar week period will not lose their eligibility for
Temporary Upgrade Assignment Pay; however, the days of absence shall not be
counted in the computation of the two (2) week period.
In computing qualifying service or temporary upgrade assignment pay, only full
days of actual duty shall be included. Partial days shall not be combined to make
full days unless they are holiday hours. Holiday time off will be included in
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computing actual duty days.
Employees holding the position immediately subordinate to the vacant, full-time,
budgeted,higher-level position to be filled shall be given first consideration to said
position consistent with the operational needs of the department. When there is
more than one (1) employee holding the position immediately subordinate to the
vacant, full-time, budgeted, higher-level position to be filled, the most senior
employee holding one (1) of the immediately subordinate positions shall be
assigned to said position consistent with the operational needs of the department.
Non-permanent employees (probationary,part-time, seasonal, etc.) and employees
performing work above their regular class in a training capacity shall not be
assigned to a vacant, full-time, budgeted, higher-level position in accordance with
this section unless specifically authorized by the City Manager.
B. Compensation.
1. After an employee has served two (2) consecutive calendar weeks in a
vacant, full-time, budgeted, higher-level position, they shall be
compensated at the Temporary Upgrade Assignment Pay rate for each full
day that they are assigned to the higher-level position,retroactive to the first
(lst) day of said assignment.
2. An employee serving in a Temporary Upgrade Assignment will be paid
within the pay range of the higher-level position. The employee will receive
the higher of. 1) the minimum step of the higher-level position or; 2) five
percent (5%) of base pay inclusive of assignment pays which the employee
is receiving.
3. An employee assigned to a vacant,full-time budgeted,higher-level position
not represented by this bargaining unit (e.g., a Sergeant temporarily
assigned to act as a Lieutenant) will receive the Temporary Upgrade Pay
described above, but will remain a member of this bargaining unit.
4. An employee assigned to a vacant, full-time, budgeted, higher-level
position will continue to be eligible for salary step increases in their regular
position.
The parties agree that to the extent permitted by law, Temporary Upgrade Assignment Pay
is special compensation and shall be reported pursuant to Title 2, CCR 571(a)(3) as
Temporary Upgrade Pay. This pay is only reportable to CAPERS as special compensation
for those who qualify as classic members as described by the Public Employees' Pension
Reform Act of 2013 — PEPRA. This pay is not reportable as special compensation for
employees defined as "new members" under PEPRA. However, CalPERS ultimately
determines whether any form of compensation qualifies as special compensation.
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5.12 Compensation for Canine Officers for Off-Duty Activities
Police Officers who are routinely and consistently assigned as a Canine Officer will be
paid five percent(5%) of base pay. This pay shall be considered compensation for the care
and feeding of the dog off-duty and is for the thirty(30) minutes of time each day for such
purpose.
The City and the Association understand and agree that this additional compensation is
intended to compensate canine officers for all off duty hours spent caring, grooming,
feeding and otherwise maintaining their canine unit, in compliance with the FLSA.
The parties acknowledge that the FLSA, which governs the entitlement to compensation
for canine duties, entitles the parties to agree to a reasonable number work hours for the
performance of off duty canine duties. The work hours (thirty(30) minutes per day)
derived at in this agreement were determined after an actual inquiry of the officers assigned
in the canine assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (91h
Cir. 2004). It is the intent of the parties through the provisions of this section to fully
comply with the requirements of the FLSA. In addition,both parties believe that this
section of the MOU does comply with the requirements of the FLSA.
5.13 Standby Pay
The Police Chief at their discretion and based on the department's need may assign sworn
officers to standby status for non-workdays 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. Officers assigned to standby status on non-workdays will not lose
their standby pay when called to duty, if they have been on call for at least six (6) hours
when called. If officers on standby status are called to duty after having been on call for
less than six(6)hours,they will be paid for their response to work, but not for their standby
status. Employees on standby status shall provide the department with a telephone number
at which they can be reached. The employee must be able to return to the department
within the amount of time they would be able to return if traveling from home. An
employee on standby/on-call shall remain fit for duty. Employees on standby are also
subject to the requirements of the Department Procedure # 6003, which sets forth the
guidelines for standby status.
5.14 Compensation for Briefing ime
Employees in the class of Correctional Officer 1, Correctional Officer 11 or Correctional
Supervisor, who are continuously and regularly assigned to either the 207(k) 7/12.5
Corrections Work Schedule, or the 4/10.5 Corrections Administration Work Schedule,
shall be paid three percent (3%) of base pay. This assignment pay is compensation for the
additional thirty(30) minutes work or briefing time each day.
5.15 Non-Sworn Investigatory
Non-sworn employees identified by the Police Department, who are routinely and consistently
assigned as a Police Investigative Specialist, Background Investigator, and Collision Investigator,
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will be paid two and one half percent (2.5%) of base pay.
5.16 Correctional Officer Assianments
Correctional Officer(I and II) shift assignments shall be made whenever shift change sign-
ups occur and based on seniority in the classifications of Correctional Officer I and 11. The
assignment of Correctional Officer is recognized as a special assignment. If the parties to
this MOU mutually agree, additional special assignments for the classification of
Correctional Officer I and 11 (following the meet and confer process) can be created.
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ARTICLE VI
6.0 CAREER DEVELOPMENT PROGRAM
6.1 Definitions. For the purpose of clarifying the criteria for the Police Career Development
Program designations set forth in Sections 6.2 through 6.8 of this Article, the following
definitions apply. It is the responsibility of the employee regardless of rank or
classification, to notify the police department human resources of the completion of any
Career Development Pay requirements and to provide the required proof of completion or
eligibility. Any Career Development pay additive shall not commence until the department
is notified by the employee of obtaining eligibility and all required proof of eligibility is
received by the department.
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.
B. Training Units. Twenty (20) classroom hours or its equivalent of approved police
training shall equal one unit.
Regular,periodic, on-the-job training programs shall not be considered as fulfilling
this requirement. Neither shall the special training required for Crime Scene
Investigators and Advanced Officers or other similar mandatory training(e.g.,First
Aid, C.P.R. Recertification, etc.) nor the basic introductory training or similar
training given an employee during their probationary period be given credit for the
awarding of training units.
1. When college credit is awarded for special training in police work, such
units of credit may be counted for either training units or educational units
as the officer may select.
2. Training units may be earned by the assignment to and performance of
sworn police officer duties (other than uniformed field patrol work in Field
Operations Division) with one (1) full and continuous month of such
assignment equal to one (1) training unit. Credit for experience in
assignments other than patrol work in Field Operations shall not be given,
unless at least three(3) full and continuous months of such assignment have
been completed. Not more than six (6)units of training through assignment
to non-patrol duties may be earned in any one (1) year and not more than
fifteen (15) such training units by assignment shall be used in meeting the
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criteria for the Police Career Development Program designations as set out
in this Article.
C. The Senior Police Officer I-III and Senior Police Sergeant I-III provisions set forth
in sections 6.3 — 6.8 below apply to sworn employees in the bargaining unit hired
by the City of Santa Ana into a sworn position prior to January 1,2014. The Career
Development Pay provided for in section 6.10 below is for sworn members of the
bargaining unit hired into a sworn position with the City of Santa Ana on or after
January 1, 2014.
6.3 Senior Police Officer I. Any sworn, safety-member Police Officer, regardless of duty
assignment, who completes (acquires) at least sixty (60) educational/training units fulfills
the requirements established in this section shall be designated as a Senior Police Officer I
and shall, upon approval of the Police Chief, be paid seven and one half percent (7.5%) of
base pay.
6.4 Senior Police Officer Il. Any sworn, safety-member Police Officer, regardless of duty
assignment, who completes (acquires) 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 shall be designated as a Senior Police Officer
II and shall,upon approval of the Police Chief,be paid twelve and one half percent(12.5%)
of base pay.
6.5 Senior Police Officer 111. Any sworn, safety-member Police Officer, regardless of duty
assignment, who completes (acquires) at least one hundred and 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 shall,upon approval
of the Police Chief, be designated as a Senior Police Officer III and shall be paid fifteen
percent (15%) of base pay.
6.6 Senior Police Sergeant . Any officer holding the rank of Police Sergeant in the Santa Ana
Police Department, regardless of duty assignment, who completes (acquires) at least sixty
(60) educational/training units; shall be designated as a Senior Police Sergeant I and shall,
upon approval of the Police Chief,be paid seven and one half percent(7.5%) of base pay.
6.7 Senior Police Sergeant 11. Any officer holding the rank of Police Sergeant in the Santa
Ana Police Department, regardless of duty assignment, who completes (acquires) 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 shall,
upon approval of the Police Chief, be designated as a Senior Police Sergeant Il and shall
be paid twelve and one half percent(12.5%) of base pay.
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 completes (acquires) at least
one hundred and 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 shall, upon approval of the Police Chief, be designated as a
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Senior Police Sergeant III and shall be paid fifteen percent (15%) of base pay.
6.9 Education Incentive Pay - Non-Sworn. An incumbent in one of the classes designated as
"non-sworn" covered by this MOU shall earn an additional amount as follows:
A. Upon attainment of an Associate in Arts Degree, employee will be paid at a rate of
five percent(5%) above their then current base monthly salary step. For employees
hired after July 1, 2017, the pay in this paragraph shall only apply to employees in
classifications which do not require a degree.
B. Upon attainment of a Bachelor of Arts or Science Degree, an employee will be paid
seven and one half percent(7.5%)of base pay above their then current base monthly
salary step. If the employee obtains a Bachelor's Degree without attaining an
Associate in Arts Degree, they will be paid five percent (5%) of base pay. For
employees hired after July 1, 2017, the pay in this paragraph shall only apply to
employees in classifications which do not require a degree for any employee hired
after July 1, 2017.
C. Upon attainment of a Masters in Arts Degree, an employee will be paid ten percent
(10%) of base pay. This pay is not stacked with the pay in paragraphs A and B
above. For employees hired after July 1, 2017, the pay in this paragraph shall only
apply employees in classifications which do not require a degree.
6.10 Career Development Pay-Sworn
Sworn employees hired on or after January 1, 2014 shall be eligible to receive Career
Development Pay as follows:
A. Level One - Upon attainment of an Associate in Arts Degree employees will be
paid five percent (5%) of base pay.
B. Level Two - Upon attainment of an Associate in Arts Degree and an additional
thirty (30) educational units toward a declared Bachelor's degree, employees will
be paid five percent(5%)of base pay for a total often percent(10%)of base pay. If
such employee obtains a Bachelor's Degree without attaining an Associate in Arts
Degree, they will be paid ten percent (10%) of base pay.
C. Level Three -Upon attainment of a Bachelor of Arts or Science Degree employees
will be paid five percent (5%) of base pay for a total of fifteen percent (15%) of
base pay.
The parties agree that to the extent permitted by law,the pay in Sections 6.3 through 6.10 is special
compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as
Educational Incentive. The City has a system in place to evaluate and approve acceptable courses.
However, CalPERS ultimately determines whether any form of compensation qualifies as special
compensation.
6.11 Advanced POST Certificate. Sworn employees who obtain and possess an Advanced
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POST Certificate will be paid two percent (2%) of base pay. The Advanced POST
Certificate pay will be provided effective the first pay period after the date it is issued but
not earlier than the first full pay period following City Council approval of this MOU.
The parties agree that to the extent permitted by law, this pay is special compensation and
shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) as Peace
Officer Standard Training (POST) Certificate Pay. However, Ca1PERS ultimately
determines whether any form of compensation qualifies as special compensation.
6.12 Fingerprint Training Pay
Employees in the class of Forensic Specialist I or Forensic Specialist II who complete 80
hours of fingerprint training from the Department's approved course list as well as 16
additional hours of City-qualified court testimony training shall be paid two and one half
percent (2.5%) of base pay. If these employees complete an additional 96 hours of
fingerprint training (for a total of 176 hours) from the Department's approved course list
as well as 16 additional hours (for a total of 32 hours) of City-qualified court testimony
training, they shall be paid an additional two and one half percent (2.5%) of base pay, for
a total of five percent(5.0%) of base pay. This training enhances employees' ability to do
their job. A system is in place to evaluate and approve acceptable courses.
The parties agree that to the extent permitted by law, the pay for fingerprinting training is
special compensation and shall be reported pursuant to Title 2 CCR, Section 571(a)(2) and
571.1(b)(2) as Educational Incentive. However, CalPERS ultimately determines whether
any form of compensation qualifies as special compensation.
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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 Eli_ibility.
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 their job may be reimbursable only
after all required occupationally related courses have been completed.
E. Prior to receiving tuition reimbursement, employees must submit documentary
proof of having received a grade of not less than "C" for the course. If objective
ratings are not rendered for a specific course, then a certificate of successful
completion must be submitted.
F. Approval will be limited to courses given by accredited colleges and universities,
city colleges or adult education courses under the sponsorship of the various Boards
of Education. Workshops, seminars, conferences and similar activities not
identifiable as a formal course of instruction within the curriculum of a recognized
educational institution, do not fall within the purview of this program but may be
authorized and funded by the interested department without coordination with the
Human Resources 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.
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H. For specifics regarding this Article, please refer to Santa Ana Police Department
Training Bulletin 02-07 - Scheduling of Training Days and Travel Time
Compensation.
7.3 Reimbursement.
A. Reimbursement will be based on the cost of tuition or registration fees and all
required texts, eBooks and related material for each course. Additional expenses
such as meals and parking fees are not reimbursable.
B. Costs for required texts and eBooks are eligible for one hundred percent (100%)
reimbursement subject to the following conditions:
1. For textbooks: a duplicate of the required textbook(s) was unavailable for
loan from the departmental libraries prior to the commencement of
coursework,
2. For textbooks: 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 one thousand five hundred dollars ($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
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 Human Resources 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 (3) months after they have completed the course and received their
final grade, the employee must include official verification of their final grade with
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appropriate receipts for tuition and textbook costs to the Human Resources
Department. These will be returned to the employee upon request. Applications
not submitted to the Human Resources Department within three (3) months
following completion of the course become void.
D. Upon receipt of the required documentation,the Human Resources 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 Human
Resources 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.
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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. Standard Work Period Overtime. Overtime for those employees assigned to the
Standard Work Period shall be authorized or required time worked in excess of
those hours assigned to their particular Standard Work Period Schedule workday
or hours in excess of forty(40)hours per Work Period. However, subject to Article
8.3 below, if an employee uses sick leave or personal necessity leave as provided
for in this MOU in the same Standard Work Period in which they works hours in
addition to their regular hours, the sick leave and/or personal necessity leave shall
not count as work hours which shall mean that the additional hours worked shall be
paid at straight time if they are less than or equal to the number of sick leave or
personal necessity leave hours used in the Standard Work Period. The use of such
leave hours shall not affect overtime earned in accordance with Article 8.14 of this
MOU.
B. Alternative Work Period Overtime. Pursuant to this MOU, employees assigned to
the Alternate Work Period (the twenty-eight (28) day FLSA work period per
Section 7(k) of the FLSA) shall earn overtime for authorized or required time
worked in excess of those hours assigned to their particular Alternative Work
Period Schedule workday or hours in excess of their Alternative Work Period
Schedule hours in a consecutive twenty-eight (28) day, six hundred seventy-two
(672)hour period. However, subject to Article 8.3 below, if an employee uses sick
leave or personal necessity leave as provided for in this MOU in the same
Alternative Work Period in which they works hours in addition to their regular
hours, the sick leave and/or personal necessity leave shall not count as work hours
which shall mean that the additional hours worked shall be paid at straight time if
they are less than or equal to the number of sick leave or personal necessity leave
hours used in the Alternative Work Period. The use of such leave hours shall not
affect overtime earned in accordance with Article 8.14 of this MOU.
8.3 Computation of a Workday and Work Period. Paid leave for holidays, vacation, and other
time off with pay(including approved workers' compensation leave), except for sick leave
and personal necessity, shall be credited towards the total time worked in computing a
regular workday,and/or a work period,as defined herein. Sick leave and personal necessity
shall not count as hours worked towards the total time worked in computing a regular
workday and/or a work period.
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Unit members shall record hours worked in one-tenth(1/10)of an hour increments of time.
This is illustrated by the following:
0-3 Minutes—No additional time should be recorded
4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour
For example, if an employee whose work schedule is 7:30 a.m. to 5:30 p.m. works until
5:48 p.m. they would record 9.3 hours for the day.
Leave without pay shall not 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-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, their designee may permit an employee to be compensated for overtime
work by earning compensatory time off at the rate of one and one-half(1 1/2)hours
for each hour of overtime worked. This time, hereinafter identified as"comp time"
shall be accrued as set forth below.
C. There are two (2) Comp Time banks. The first bank is the Non-FLSA Comp-Time
Bank established under the 2013-2015 MOU. Those employees hired after July 1,
2015 or those employees with less than one hundred (100)hours of Comp-Time at
the time the banks were created will not have a Non-FLSA Comp-Time Bank. The
second bank is the FLSA Comp-Time Bank.
1. The Non-FLSA Comp Time Bank can never have hours added to it. The
hours in that bank can only be used as leave time and when using such leave
will not cause the City to have to pay another employee overtime to fill
behind the employee using the leave. The comp time in this bank cannot be
cashed out during employment, only at the time the employee leaves City
employment. If an employee uses the comp time in this bank during
employment and exhausts the entire accrual in this bank, the employee's
Non-FLSA Comp Time Bank will be closed as no additional hours may
accrue into this bank.
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2. The FLSA Comp Time Bank has a maximum accrual of one-hundred(100)
hours. An employee who has one hundred(100)hours in this bank will earn
overtime paid at time and one-half the employee's regular rate of pay for
overtime earned in accordance with this MOU and the FLSA. An employee
who works overtime and who has less than one hundred (100)hours in their
FLSA Comp Time Bank may be able to accrue hours (at the rate of one and
one half(1.5) hours for each hour of overtime worked) in accordance with
subdivision (B) above.
By December 15 of each year, employees may make an irrevocable election
to cash out up to eighty (80) hours of FLSA Comp Time which they may
earn in the following calendar year. In the following year, the employee
can receive the cash for FLSA Comp Time they irrevocably elected to cash
out in either two (2) separate increments of up to forty(40)hours or one (1)
increment of eighty(80) hours.
The employee would be paid one half of what they irrevocably elected to
cash out hours on both the second pay day in July and the first pay day in
December (assuming they have earned it) or the employee can elect to be
paid their full amount they elected to cash out on the first pay day in
December. However, if the employee's FLSA Comp Time balance is less
than the amount the employee elected to cash out(in the prior calendar year)
the employee will receive cash for the amount of FLSA Comp Time the
employee has earned at the time of the cash out.
D. Use of Comp Time from the FLSA Comp Time Bank.
1. When an employee submits a request for time off using accrued
compensatory time, and that employee has found a qualified replacement,
the time off request will be granted. A qualified replacement means that the
replacement officer or employee is able to fulfill the requirements of the
position to which the requesting officer is assigned.
a. Compensatory time off requests made for consideration during the
monthly scheduling meetings will be treated as any other time off
and granted only on the basis of seniority.
b. Pursuant to the 3-12 Operating Rules, officers may trade work days
with other officers within the twenty-eight (28) day deployment
period. Any trades must be approved by the affected Commanders
and the Field Operations Bureau Commander.
2. When an employee submits a request to take time off using accrued
compensatory time and the officer deployment is above minimum staffing
for the day requested, then the request will be granted without further
conditions. However, if the number of officers scheduled to work on the
day(s) of the request is at or below minimum staffing as defined by the
department, the compensatory time off request will be granted only if a
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qualified replacement has volunteered and committed to work the
assignment left open by the request for time off. The volunteer may
exchange days off with the requesting employee within the twenty-eight
(28) day deployment period, whichever applies, or may elect to receive
overtime compensation.
3. Requests for use of compensatory time off during holidays as defined by
this MOU, must be submitted in time to be considered during the monthly
scheduling meeting held by bureau and division commanders for the
upcoming month. These requests will be considered by seniority and will
be granted only if officer deployment is above minimum staffing.
Compensatory time off requested during a City-designated holiday will be
treated as any other time off request and will be granted in order of seniority
as long as minimum staffing levels are met. The replacement policy in
Section 8.4(D)(4) below will not apply to compensatory time off requests
submitted for consideration during monthly scheduling meetings.
4. Although it is always preferable for the employee to find a qualified
replacement when requesting the use of compensatory time off, if provided
sufficient notice of a request for time off, the department will work with
employees to find a qualified replacement. Sufficient notice and reasonable
period will be defined as follows:
a. Seventy-two (72) hours' notice for one (1) day or less of time off
requested.
b. Five (5) calendar days' notice for more than one (1) workday up to
one (1)workweek.
C. Fourteen (14) calendar days' notice for more than one (1) week
compensatory time off request.
5. If an employee has provided sufficient notice to use compensatory time off,
the department will work with the employee to find a qualified replacement
in the following manner:
a. The watch commander will maintain a calendar of time off that has
been requested in accordance with the guidelines listed above.
Qualified employees will be allowed to volunteer to work these
shifts.
b. If an employee volunteers and signs up to work for another
employee who has requested compensatory time off, that
volunteering employee will be held responsible for working that full
shift without further reminder. Employees who do not show up to
work, or retract their offer to replace another officer,may be subject
to disciplinary action and may not be permitted to volunteer to work
in this manner in the future.
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6. The watch commander shall send out an e-mail message to all officers
requesting a volunteer to cover the shift by switching days off or working
on overtime.
7. When a compensatory time off request is made in a manner that does not
comply with this policy, and granting that request would unduly disrupt the
operations of the department, the department may deny that request.
8.5 Incremental Usage. Compensatory time off may be taken in increments as shall as one-
half(1/2)hour.
8.6 No Effect on Other Benefits. Overtime is not pensionable, employees do not earn
additional leave accruals and it does not count toward the completion of the probationary
period or progression to the next salary step.
8.7 Overtime Work to be Apportioned. To the extent that they are 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.
8.8 Advance Compensation for Overtime. Compensatory time off earned within a pay period
cannot be used within the same pay period.
8.9 Compensation for Overtime: Overtime pay or comp time shall be allowed an employee
for attendance at conventions, conferences, seminars or the like, as long as prior
authorization is received. Overtime pay or comp time pay shall be permitted only for
attendance which is ordered on such employee's normal days off or for time beyond a
normal workday's duration. Please refer to Santa Ana Police Department Training Bulletin
02-07 for details.
8.10 Call-Back and On-Call.
A. Employees who are on call during their off-duty time due to their assignment (i.e.,
Homicide Investigators, Internal Affairs Sergeants, Crimes Against Persons
Sergeants, etc.) and are called back to work will be paid for their travel time at the
overtime rate from the time they leave their home until the time they return home,
or until their regularly scheduled shift begins. Only that period of time devoted to
work will be compensated. If employees are not home when they are called back
to duty, they will receive their normal home to work travel time or if closer to City
than their home, travel to that location and back.
1. Employees who are on-call are subject to the following:
Employees are required to promptly return to work after being called and be fit
for duty and able to respond. Employees on call are not permitted to drink
alcohol or use any substance that will affect their ability to return to work.
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Being on call does not constitute hours worked since employees are off-duty
and permitted to engage in personal pursuits.
Employees are required to respond to a phone call as quickly as possible. Upon
responding, the employee will be instructed as to whether they are required to
return to work (it is possible that the issue could be resolved by tallying to the
employee on the phone or using a computer to resolve the issue) and if so, will
be informed of the location to which they must respond. Response time will
generally be the employee's normal commute time and any additional minimal
time necessary to get ready to return to work-
B. Employees who are ordered back to work while off-duty because of an emergency
or other unforeseen event will be paid for travel time at the overtime rate from the
time they leave their home until they return home, or until their regularly scheduled
shift begins. Only that period of time devoted to work will be compensated.
C. Employees who are called at home and offered voluntary overtime work, and elect
to accept the offer, will not be compensated for travel time in any manner.
Similarly, employees who sign up for voluntary overtime, or who have advance
notice that they will have to work during their off-duty time on an overtime basis,
will not be compensated for travel time.
8.11 Accrued Compensatory Time Off 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 they shall be compensated for
accrued compensatory time on the next payday.
8.12 Court Appearance. Compensation for court appearance shall be as follows:
A. For each required court appearance made by an employee during their off-duty time
regarding City business, employees shall be paid overtime for the period of time
from their arrival at court until they are released from court or the court session
closes for that day. However, in no case, shall an employee receive less than two
(2) hours overtime for a court appearance. If court appearances are made both in
the morning and afternoon of a particular day, the employee shall receive a
minimum of two (2) hours overtime for each session attended. Employees who
appear in court in the morning and are required to stay until through the court's
meal break into the afternoon session will be considered to be in paid status during
the court's meal break.
The employee must provide a copy of the subpoena requiring their attendance to
initiate payroll procedures.
B. A subpoenaed employee scheduled to appear in court on City business during off-
duty time may be placed on on-call status by the Police Chief or their authorized
representative if the employee can respond to the court, if called, within sixty (60)
minutes of the employee's notification. In the event such off-duty employee is on
on-call status during any court session and is not required to appear in court, such
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employees shall be compensated two (2) hours at straight time, for each court
session. Such employee may elect, in lieu of paid time, to earn two (2) hours of
comp time off for standby time and not appearing in court, with the approval of the
Police Chief.
C. Employees assigned to the 3/12.5-7/12.5, or 3/12-4/12 Work Schedule who appear
in court during their regularly scheduled workweek, and who, as a result, do not
receive adequate rest (because of the hours of the day they work), will be allowed
to flex their scheduled shift start time up to four(4) 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 (4) hours from their "Comp Time Banks" at the beginning of their scheduled
shift to ensure adequate rest.
1. An employee whose work shift ends or starts within thirty (30) minutes of
a mandatory court appearance shall be compensated for those thirty (30)
minutes at an overtime rate.
2. Employees assigned to a Watch 3 (6:00 p.m. to 6:30 a.m.)who are required
to appear in court following the end of their shift will have the option of
remaining on duty or ending their shift. Employees that continue active
duty will be compensated at time and one-half while on duty. Employees
that end their shift will be unpaid prior to their court appearance.
D. Employees who are on call for court during off-duty time, and who are called to
testify, will be paid at the overtime rate of time and a half of their regular hourly
rate, to include actual travel time from their home to court and back, or until their
regularly scheduled shift begins. Travel time will be limited to a maximum of one
(1) hour each way. Only that period of time devoted to work will be compensated.
Time spent on personal pursuits or other non-work related activity will not be
compensated.
E. Those employees who have advance notice of their required appearance in court,
have arranged an appearance time with the District Attorney's Office, or who
otherwise have advance notice of mandatory court appearances, will not be
compensated for travel time in any manner.
F. Employees who appear in court during off-duty hours may elect to start their norinal
work shift early as specified herein.
G. A subpoenaed employee scheduled to appear in court on City business during off-
duty time and placed on-call by the Police Chief or their authorized representative
will be compensated two (2) hours at straight time if they are not advised of the
cancellation of their appearance within five (5) Court business days of said
appearance.
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8.13 Creation of Association Comp Time Bank.
A. Any member of the Association who works overtime, or has accrued but unused
holidays, can designate that they will contribute the value of such time to a bank
for use by members of the Association for the purposes and subject to the
restrictions provided herein.
B. Any member of the Association may receive time off for the welfare of officers,
community service and any lawful activity of the Association with pay drawn from
the bank described in Subsection A of this Section, provided that said employee
first 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
their designee.
D. The City agrees to provide the SAPOA with a quarterly accounting (at the end of
March,June, September and December)of all Association Comp Time accrued and
used.
8.14 Compensation of Voluntary Contract Overtime. Exclusive of other provisions of this
Article, except Section 8.6 (No Effect on Other Benefits), Police Officers and Police
Sergeants who voluntarily agree to perform contract security services at games, parades,
dances and similar public events for a separate and independent employer shall be
compensated at the rate of one and one-half(1 1/2) times the employee's regular rate of
pay. However, the hours worked do not constitute hours worked under the FLSA.
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 such 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)they deem capable of performing the work at whatever straight-time pay rate the
City considers to be appropriate.
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ARTICLE IX
9.0 HOLIDAYS
9.1 Legal holidays observed by full-time permanent and probationary employees covered by
this MOU are as follows:
• January 1-New Year's Day.
• Third (3rd) Monday in January- Martin Luther King Jr.'s Birthday.
• Third (3rd) Monday in February- Presidents' Day.
• March 31 — Cesar Chavez Day (effective the first holiday after City
Council approval of this 2024-2027 MOU).
• Last Monday in May- Memorial Day.
• July 4 - Independence Day.
• First(1st) Monday in September- Labor Day.
• November 11 - Veteran's Day.
• Fourth(4th) Thursday in November- Thanksgiving Day.
• The Friday immediately following Thanksgiving Day.
• December 25 - 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 Employees shall receive ninety-six(96)holiday hours each year(twelve(12)eight(8)hour
holidays—which includes the floating holiday) in lieu of the holidays specified in Section
9.1. However, the floating holiday in Section 9.1 shall be donated back to the City to pay
for the Association President's Leave per Section 14.3.
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Effective January 1, 2025, employees shall receive one hundred and four (104) holiday
hours each year(thirteen (13) eight (8)hour holidays). These amounts include the floating
holiday on the list in Section 9.1. However, the floating holiday plus four (4) additional
holiday hours (for a total of twelve (12) hours)shall be donated back to the City to pay for
the Association President's Leave per Section 14.3.
For each of the holidays, employees have the following two (2) options:
A. Option 1 - Employees can use their holiday hours (eighty-eight(88)hours in 2024,
which is increased to ninety two (92) hours effective January 1, 2025) during the
calendar year by scheduling it as time off. If this option is chosen, the following
provisions apply:
l. The employee will not be cashed out for any of the eighty-eight(88)holiday
hours which is increased to ninety-two (92)hours effective January 1, 2025
at the end of the year if any of the hours are not used.
2. If an employee leaves City employment during the year and has not used all
of the holiday hours earned during the year at the date of separation the
remaining holiday hours earned to date will be paid to the employee on their
final check. This pay will not be reported to CalPERS as Special
Compensation.
3. If an employee leaves City employment during the year and has used more
holiday hours in the calendar year than they have earned as of that date,they
must pay the City the cash value for such used but unearned holiday time
off benefits prior to or at the time of separation.
4. Employees can use holiday leave 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.
B. Option 2—Employees may make an irrevocable election to receive holiday pay in
lieu (paid at the regular rate of pay at straight time) of time off for the holiday. If
this option is chosen, employees must submit their irrevocable election by
December 15 of each calendar year to the Police Department Human Resources
Division who will then forward it to City Payroll.
Employees will receive eight (8) hours and effective January 1, 2025, seven and
two thirds (7.67) hours of holiday pay in lieu for each holiday. The employee will
receive the pay on the payday following when each of the twelve (12) holidays
occur. If this option is chosen, the parties agree that to the extent permitted by law,
this holiday pay in lieu is special compensation and shall be reported to CalPERS
pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay.
An employee who does not irrevocably elect Option 2 by December 15 of the
previous calendar year will receive holidays per Option 1.
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9.3 All employees must actually work at least one (1) day preceding the day a holiday listed in
Section 9.1, 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 (1)
day following the day a holiday listed in Section 9.1, 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 9.1 above.
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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 Vacation.
A. Members shall accrue vacation with pay on a monthly basis as set forth in the
following table.
Annual Monthly
Beginning Vacation Accrual
Years Accrued Rate
1 80 6.67
2 80 6.67
3 120 10.00
4 120 10.00
5 120 10.00
6 124 10.33
7 128 10.67
8 132 11.00
9 136 11.33
10 140 11.67
11 144 12.00
12 148 12.33
13 152 12.67
14 156 13.00
15 160 13.33
16 168 14.00
17 176 14.67
18 184 15.33
19 192 16.00
20 or more 200 16.67
B. An employee who has completed less than one(1)year's service during the calendar
year shall receive a proportionate fraction in accordance with the amount of service
to their credit during the year; provided, however, no employee shall be entitled to
use any vacation until they 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 their earned vacation, subject to scheduling approval of
the employee's supervisor.
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D. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar
days shall not be considered as service for vacation accrual purposes.
E. Computation of Vacation.
1. If a holiday listed in Article 9 occurs during an employee's vacation,
vacation hours will not be deducted. For employees who choose to earn
holiday in lieu pay, they are already being paid for the holiday. If an
employee qualifies for sick leave while on vacation, the time will be
deducted from sick leave, not vacation.
2. With the exception of military leave, an employee who has a break in
service of one (1) year or less will continue to accrue vacation per Section
10.2(A). If an employee has a break in service of one(1)year or more,they
shall be considered a first year employee for purposes of accruing vacation.
F. Vacation Buy-Back. By December 15 of each year, employees may make an
irrevocable election to cash out up to sixty (60) hours (one hundred twenty (120)
hours if they used eighty (80) hours in the calendar year they are making the
election) of vacation which they can accrue per year which will be earned in the
following calendar year at the employee's base rate of pay. In the following year,
the employee can receive the cash for the vacation they irrevocably elected to cash
out in either two (2) separate increments of up to thirty(30)hours (sixty(60)hours
if they if they used eighty (80) hours in the calendar year they are making the
election) hours or one (1) increment of up sixty (60) hours (one hundred twenty
(120) hours if they if they used eighty (80) hours in the calendar year they are
making the election)they can accrue in a year.
The employee would be paid one-half of what they irrevocably elect to cash out
hours on both the second pay day in July and the first pay day in December or the
employee can elect to be paid sixty(60) hours (one hundred twenty (120) hours if
they if they used eighty(80)hours in the calendar year they are making the election)
on the first pay day in December. However, if the employee's vacation balance is
less than the amount the employee elected to cash out (in the prior calendar year)
the employee will receive cash for the amount of vacation the employee has
accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out vacation in the following
calendar year and uses vacation in that subsequent year,the vacation used will come
from vacation the employee had earned prior to January I of the year the employee
has elected to cash out vacation. This is to ensure that assuming an employee had
a vacation balance prior to January 1,the vacation used will not result in a reduction
in the amount of vacation the employee will be eligible to cash out.
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10.3 Limitation on Vacation.
With the exception of a retiring employee, no employee is granted, and no employee shall
be allowed to take, any vacation leave with pay in excess of four hundred (400) hours in
any one (1) year.
10.4 Vacation Carry-Over.
A. No employee may carry over from one (1) calendar year to the next,more than the
maximum vacation carryover as set forth in the following table. Any vacation not
used beyond the maximum carryover amount from year to year will be paid off by
the City at the end of the calendar year at the employee's base rate of pay so that at
the beginning of the following calendar year, the employee will have the maximum
carryover amount of vacation in their vacation bank.
Completed Years Max Carryover
1 80
2 160
3 280
4 320
5 360
6 364
7 372
8 380
9 388
10 396
11 404
12 412
13 420
14 428
15 436
16 448
17 464
18 480
19 496
20 512
21 520
22 520
23 520
24 520
25 520
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10.5 Use of Accrued Vacation. Vacation,may be taken in increments as small as one-half(1/2)
hour.
Each affected employee shall be afforded the opportunity to submit selection(s) for use of
accrued vacation, and the Police Chief or their designee shall make every reasonable effort
to accommodate the employee's preference(s). The time at which an employee shall take
their vacation, 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.
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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 their position and shall be deemed to
include time in quarantine resulting from non-duty related exposure to a contagious
disease.
B. Accrual. Each employee shall earn eight (8) hours of sick leave for each full
calendar month of service in which they are employed by the City with full pay.
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. 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 eight (8) hours of sick
leave for each full calendar month of service for which they are employed by the
City with full pay during said absence for service-connected illness or injury.
C. Authorized Only When NecessarX. 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 their discretion, but
shall be allowed only in cases of necessity and actual sickness or disability,
or as authorized in Subsection J below.
2. For miscellaneous-member employees covered by this MOU,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 one hundred percent(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 shall be one thousand six
hundred(1,600)hours. Sick leave usage of less than a full day shall be charged in
minimum increments of one-half(1/2) hour.
For employees who are newly hired from outside the City into classifications
represented by the Association following Council approval of this MOU:
1. Maximum accumulation of seven hundred (700) sick leave hours; and
2. Any annual accrual over the seven hundred (700) hours (up to ninety-six
(96) hours) would be cashed out into an employee's RHS during the first
pay period in January of each year.
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E. Extended. The City Manager may grant leave up to six (6) months without pay to
an employee who has exhausted all of their accrued sick leave if a licensed
physician indicates that the employee will be sufficiently recovered to return to
their employment within a six (6) month period. Prior to the expiration of the
additional time, the employee may return to their position provided that they have
a certificate from their physicians stating that the employee is able to perform all
the duties of their 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,
they may be granted permission to take any earned vacation they may have accrued.
G. Notice. The employee taking sick leave shall notify their immediate supervisor not
less than one(1)hour prior to the time they are scheduled to report for duty. If after
three (3) consecutive days of sick leave usage and if sick leave abuse is suspected
based on articulable facts, an employee may be required to produce a physician
certificate verifying that the employee was sick.
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 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;
third, from any available holiday leave benefits; and finally, will be considered
leave without pay.
J. Personal Necessity Leave (Family Sick Leave per Labor Code section 233). Each
employee shall be afforded the opportunity to use up to forty-eight (48) hours of
sick leave per calendar year, on a non-cumulative basis. This leave may be used to
attend to an illness of a child, parent, spouse, registered domestic partner,
grandchild, grandparent, parent in law, or sibling of the employee. It can also be
used for a"designated person". A"designated person"is a person identified by the
employee at the time they request sick leave. An employee may designate one (1)
person per twelve (12) month period. As used in this section, "child" means a
biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person
standing in loco parentis; and "parent" means a biological, foster, adoptive parent,
a stepparent, or a legal guardian.
Up to three (3) days of this personal necessity leave may be used: (a) to attend to a
serious accident to members of the employee's immediate family; (b) childbirth;
(c) to cope with imminent danger to the employee's home or other valuable
property; or (d) when the existence of external circumstances beyond the
employee's control make it impractical for them to report for duty. For the purposes
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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 their specific workday schedule.
K. Payment for Unused Sick Leave.
Definition. All employees hired or appointed into the bargaining unit on or prior
to December 20, 2022 (as this section does not apply to employees hired or
appointed into the bargaining unit after December 20, 2022), except for those
involved in disciplinary termination, shall be entitled to payment under the
following provisions:
l. 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 their 457 account or cash upon the
effective date of such termination, not to exceed a maximum limit of four
hundred twenty-seven (427)hours, at the rate of pay in effect on the date of
such termination.
a. At their option, an employee may convert the above lump sum
payment option into the retiree health account fund, held by the
SAPOA for the purposes of retiree health insurance or long term
care insurance premiums to the extent necessary to provide the
employee and their designated eligible dependents, if any, with
benefits under the health insurance program maintained by the
Association. For unused sick leave benefits had this option not been
elected,not to exceed a maximum of six hundred forty(640)hours.
2. After fifteen (15) years of service, employees shall be entitled to one
hundred percent (100%) of the amount of unused sick leave benefits
credited to their 457 account or cash upon the effective date of separation,
up to a maximum of one thousand six hundred (1,600) hours.
3. 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 their
death, and at the rate of pay effective on the date of death.
4. Upon the death of any retired employee receiving a benefit under this
provision, said benefit will continue to be provided through the Association
on behalf of said retired employee to their beneficiary.
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 their specific workday schedule. Such leave is designated
as bereavement leave. "Immediate family" as used in this section is limited to:
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A. Any relative by blood or marriage who is a member of the employee's household;
B. A parent, parent-in-law, stepparent, spouse, registered domestic partner, child,
brother, stepbrother, sister, stepsister, grandparent, or grandchild of the employee,
regardless of residence.
C. An employee (who has worked for the City for at least thirty (30) days) shall be
granted up to five (5) days of leave for the death of a member of the employee's
immediate family, as specified in this Section. Three (3) of the days will be paid
bereavement leave and the remaining two (2) days of leave may be unpaid, except
that an employee may use accrued vacation, sick leave, or compensatory time off
that is otherwise available to the employee for this purpose. This leave must be used
within three (3) months from the date of death of the family member.
11.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave
if they furnishes the Executive Director of Human Resources or designee
satisfactory proof of their orders to report for duty. Upon return and upon showing
proof of actual service pursuant to such orders, they 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 military 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)working days in each
calendar year after one (1)year's service with the City upon presenting satisfactory
proof of orders to and from such 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 they 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 them to such service.Refer
to Departmental Order 396 - Jury Duty for specifics.
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 themselves makes an explanation satisfactory to the
Police Chief of the cause of their absence, the Police Chief may restore them to their
position, with the City Manager's approval.
11.7 Authorized Absence Without Pay. Absence without pay not to exceed five (5)consecutive
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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 the
Executive Director of Human Resources or designee of their 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 their former position.
11.9 Administrative Leave. The City Manager is authorized to grant, at their discretion,
administrative leave with or without pay (without pay if the employee requests) for
permanent employees if, in their 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 their 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 their
position by reason of an industrial injury or industrial illness for which they are
entitled to receive compensation shall not be considered a break in continuous
service for the purpose of their 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 following Catastrophic Leave Donation Program applies:
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
1. Employees may donate vacation or compensatory time or holiday leave
time to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two (2) week period to submit donations.
Donations received after this two (2) week period shall not be processed.
The two (2) week period for each case shall be designated by the Police
Chief or their designee as provided herein below. If all previous time
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donated has been exhausted, the recipient may request a new donation
period be designated by the Police Chief or their designee as provided
herein below.
3. All vacation, compensatory time or holiday leave time donations must be
made in two (2) hour increments. There is no limit on the amount of the
donation that can be made.
4. Any authorization of donations not made in accordance with the procedures
outlined in Section 11.11(C)(2), 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 and may be used pursuant to Article XI, Sections
11.1(A)through 11.1(K) above.
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 their 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 their 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 their
authorization of the transfer of such donated time and provide:
a. Their name, department name, and employee number;
b. The number of hours of compensatory, holiday or vacation time of
the donation within the limitations of Section 11.11(A)(3);
C. The name, department, and employee number of the recipient;
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d. A statement indicating that the donor understands such donation of
time is irrevocable.
3. At the close of the two(2)week donation period,the department shall verify
that each donating employee has accrued vacation, holiday and/or comp
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 add the donated time to the recipient's sick leave account.
D. Upon the death of any active employee receiving a benefit under this provision,the
City agrees to pay any unused Catastrophic Leave Donations remaining on the
books to the surviving beneficiary.
E. For those current employees with unused catastrophic leave on the books, the City
agrees to convert said unused catastrophic leave to sick leave for use in accordance
with the provisions of At XI, Sections 11.1(A) through 11.1(K) above.
11.12 Assignment Departmental Seniority
Employees who are authorized to be on an unpaid medical leave for twelve (12) weeks or
less shall continue to accrue seniority related to their particular assignment, as it relates to
the badge number list or for any other purpose concerning Police Department Operations
for which seniority is considered. Once such leave of absence exceeds twelve (12)weeks,
the employee will no longer accrue seniority(for all purposes, including, but not limited to
their classification, assignment or rank). While such employee will not lose any of the
seniority they have previously earned, by not continuing to accrue seniority at that point,
others who previously were less senior may become more senior than such employee for
seniority purposes in the Department.
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ARTICLE XII
12.0 EMPLOYEE INSURANCE
12.1 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. Medical Insurance. The City will contribute one thousand five hundred seventy-
five dollars ($1,575.00) per month to the Santa Ana Police Officers Association
Medical Insurance Trust Fund for each affected employee enrolled in medical
insurance plans provided by the Association for its bargaining unit members and
their eligible dependents. Any contributions necessary to maintain benefits under
the plans in excess of the aforementioned amount per month shall be borne entirely
by the Association and/or the enrollee. Members of the bargaining unit who are
not Association members and therefore not eligible to purchase insurance through
the Trust will receive from the City up to one thousand five hundred seventy-five
dollars ($1,575.00)per month to be used only for the purchase of medical insurance
for themselves and eligible dependents.
The Association will provide the City with proof that each of the employees in the
Association who have enrolled in insurance are receiving insurance. The
Association will also provide the City (once each quarter) with a list of the group
insurance plan and rates for medical, dental and Long Term Disability.
The Association shall provide and administer health benefit plans for employees in
accordance with the terms and conditions of the Health Plan Agreement attached
as Exhibit C to this MOU.
The parties agree to reopen this 2024-2027 MOU to consider the City's health
insurance contribution after receiving the results of the 2024 Association Medical
Insurance Trust Fund audit.
B. Life Insurance. The City shall provide term life insurance coverage for each
affected employee in the amount of thirty thousand dollars ($30,000), plus thirty
thousand dollars ($30,000) accidental death and dismemberment (AD + D)
coverage, subject to carrier contract, terms, and conditions.
12.2 Retiree Health Contribution.
All employees covered by this MOU will contribute two percent (2%) of their regular rate
of pay through payroll deduction to a fund maintained by the Santa Ana Police Officers
Association for the purpose of providing retiree health insurance premium reduction
assistance.
On October 1 of each year, the City shall contribute an amount equal to two percent (2%)
of each employee's regular rate of pay of each active employee who is covered by this
MOU as of October 1 of each year to a fund maintained by the Santa Ana Police Officers
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Association for the purpose of providing retiree health insurance premium reduction
assistance.
12.3 If an employee is on an unpaid leave of more than fifteen (15) calendar days in a calendar
month the City will not contribute toward any insurance coverage for the following
calendar month.
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.
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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.
13.2 Deferred Retirement. The City shall continue to make payment to CalPERS on behalf of
each employee covered by this MOU in accordance with the following schedule:
A. For Safety employees covered by this MOU who do not qualify as"New Members"
under the California Public Employees' Pension Reform Act of 2013 (PEPRA), the
City shall pay the nine percent(9%)member contribution and report it to CalPERS
as compensation earnable.
B. For Miscellaneous employees covered by this MOU who do not qualify as "New
Members" under the California Public Employees' Pension Reform Act of 2013
(PEPRA)the City shall pay the eight percent(8%) member contribution and report
it to CalPERS as compensation earnable.
Such payments shall be credited to the individual employee's CalPERS account.
Such payments are not increases in base salary and no salary range applicable to
any of the employees covered by this MOU 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 as permitted by IRS Code section 414(h)(2).
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.
The parties agree that to the extent permitted by law the value of the Employer Paid
Member Contribution is special compensation and shall be reported as such pursuant to
Title 2 CCR, Section 571(a)(1). This pay is only reportable to CalPERS as special
compensation for those who qualify as classic members as described by the Public
Employees' Pension Reform Act of 2013 —PEPRA. This pay is not reportable as special
compensation for employees defined as "new members" under PEPRA. However,
CalPERS ultimately determines whether any form of compensation qualifies as special
compensation.
13.3 CalPERS Fourth Level of 1959 Survivors Benefits. The City will provide CAPERS fourth
level of 1959 Survivors Benefit to all eligible employees in the unit. Employees pay the
employee contribution for this benefit.
13.4 CAPERS Pre-Retirement Optional Settlement 2 Death Benefit. The City shall provide the
CalPERS Pre-Retirement Optional Settlement 2 Death Benefit to all employees covered
by this MOU.
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13.5 Military Service Credit as Public Service. Employees may elect (per Government Code
21024)to purchase up to four(4) years of service credit for any continuous active military
or merchant marine service prior to employment. The employee must contribute an amount
equal to the contribution for current and prior service that the employee and the employer
would have made with respect to that period of service.
13.6 3% at 50 Service Retirement Benefit for Safety employ. The City contracts with
CalPERS to provide Safety employees who do not qualify as "New Members" under
PEPRA with the 3% at 50 Service Retirement benefit.
All Safety employees who do not qualify as"New Members"under PEPRA shall pay twelve
percent(12%)compensation eamable to pay for the employer portion of the City's CalPERS
contribution. This payment shall be paid in accordance with Government Code Section
20516(f). If, at any time in the future, the Association informs the City that it no longer
agrees to this cost sharing agreement, effective on the date of the elimination of the cost
sharing (which would need to coincide with the expiration date of the MOU) these
employees' base salary would be reduced by twelve percent(12%).
Pre-Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.7 2.7% k 57 Service Retirement Benefit for "New Member" Safety employ. The City
agrees to provide Safety employees who are defined as"New Members"within the meaning
of the California Public Employees' Pension Reform Act (PEPRA) of 2013 with the 2.7%
@ 57 Service Retirement benefit.
Final compensation will be based on the highest annual average compensation earnable
during the thirty-six (36) consecutive months immediately preceding the effective date of
their retirement, or some other thirty-six (36) consecutive month period designated by the
member.
Employees covered under the 2.7% @ 57 retirement formula shall pay one-half of the
normal cost rate as established each year by CalPERS.
Pre-Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.8 2.7% at 55 Service Retirement Benefit for Miscellaneous employ. The City contracts
with CalPERS to provide Miscellaneous employees who do not qualify as"New Members"
under PEPRA with the 2.7% at 55 Service Retirement benefit.
The employee's contribution rate for Miscellaneous employees who do not qualify as
"New Members" under PEPRA is eight percent (8%) compensation earnable. All
employee contributions for retirement benefits are paid to the employer portion of the
City's CalPERS contribution. This payment shall be paid in accordance with Government
Code section 20516(f). If, at any time in the future, the Association informs the City that
it no longer agrees to this cost sharing agreement, effective on the date of the elimination
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of the cost sharing (which would need to coincide with the expiration date of the MOU)
these employees' base salary would be reduced by eight percent (8%).
Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.9 2% g 62 Service Retirement Benefit for "New Member" Miscellaneous employees. The
City agrees to provide Miscellaneous employees covered by this MOU who are defined as
"New Members" within the meaning of the California Public Employees' Pension Reform
Act(PEPRA) of 2013 with the 2% @ 62 Service Retirement benefit
Final compensation will be based on the highest annual average compensation earnable
during the thirty-six (36) consecutive months immediately preceding the effective date of
their retirement, or some other thirty-six (36) consecutive month period designated by the
member.
Employees covered under the 2%@ 62 retirement formula shall pay one half of the normal
cost rate as established each year by Ca1PERS
Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.10 Credit for Unused Sick Leave. All sworn and non-sworn employees can have unused
accumulated sick leave at the time of retirement converted to additional service credit. The
maximum total unused sick leave that can be converted shall be ten (10) eight (8) hour
working days equal to eighty(80) hours. This section applies to members whose effective
date of retirement is within four(4)months or one hundred twenty(120)days of separation
from employment. (Government Code Section 20965). The City may amend it contract
with CalPERS to eliminate this benefit for employees hired after the effective date of the
contract amendment. Employees hired on or after a contract amendment between the City
and CalPERS to eliminate this benefit shall not be eligible to convert unused sick leave to
CalPERS for service credit.
13.11 Uniform Allowance. With respect to Safety and Miscellaneous employees who do not
qualify as "New Members" under the California Public Employees' Pension Reform Act
(PEPRA), the City shall report to CalPERS the monetary value of uniforms and uniform
maintenance for those employees required to wear uniforms. The monetary value (as of
the first date of the MOU) by classification is listed in Exhibit B, entitled "Uniform
Allowance by Classification." The monthly amounts listed in Exhibit B may be adjusted
(either upward or downward) as the cost of the uniforms and/or their maintenance changes.
The value of the Uniform Allowance shall be determined by the City(based on the current
cost of the uniforms and/or their maintenance at the time of the report to CalPERS) and
will be reported to the California Public Employees' Retirement System (CalPERS) for
retirement purposes only.
Under CCR 571(a), Uniform allowance is defined as "Compensation paid or the monetary
value for the purchase, rental and/or maintenance of required clothing, including clothing
made from specially designed protective fabrics, which is a ready substitute for personal
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attire the employee would otherwise have to acquire and maintain. This excludes items that
are solely for personal health and safety such as protective vests,pistols,bullets and safety
shoes.
The parties agree that to the extent permitted by law, Uniform Allowance is special
compensation and shall be reported pursuant to Title 2, CCR 571(a)(5) as Uniforin
Allowance. This is only reportable to Ca1PERS as special compensation for those who
qualify as classic members as described by the Public Employees' Pension Reforin Act of
2013—PEPRA. This pay is not reportable as special compensation for employees defined
as "new members"under PEPRA. However, Ca1PERS ultimately determines whether any
form of compensation qualifies as special compensation.
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ARTICLE XIV
14.0 ASSOCIATION LEAVE
14.1 The City agrees to grant full-time release from duty for the Association President subject
to the following:
A. The Association President shall be:
1. Required to attend POST training and maintain qualifications (training,
certifications, weapons, etc.) to work as a sworn peace officer;
2. Eligible to work overtime assignments with prior approval of the Chief of
Police;
3. Required to report to duty in the event of a declared emergency as
determined by the Chief of Police; and
4. Assigned to a 5/40 work schedule and shall report time off usage (vacation,
sick, etc.) in accordance with City and department policies and procedures.
14.2 The City shall pay the Association President the percentage difference between what the
Association President receives in base pay plus other forms of special compensation (with
the exception of Employer Paid Member Contribution identified in Title 2 California Code
of Regulations Section 571), and four and three-fourths percent (4.75%) over the top step
pay of the next higher rank including base pay plus other forms of special compensation
available to the next higher rank (with the exception of Employer Paid Member
Contribution identified in Title 2 California Code of Regulations Section 571). During the
time that an employee is the Association President, it is CaIPERS' determination as to
whether any form of special compensation being paid to the POA President can be reported
as compensation earnable or pensionable compensation. If CalPERS concludes that any
form of special compensation cannot be reported as compensation earnable or pensionable
compensation it will not be reported. If CalPERS concludes that any form of special
compensation can be reported as compensation earnable or pensionable compensation it
will be reported.
14.3 All employees shall donate the one (1) floating holiday (set forth in Section 9.1), and
effective January 1, 2025, an additional four (4) holiday hours (for a total of twelve (12)
hours) annually to pay for the Association President's Leave. The floating holiday, which
would otherwise accrue in January, will not accrue so that its value can be used throughout
the calendar year to pay for the Association President's Leave. Effective January 1, 2025,
the additional four (4) hours of holiday pay will be reduced from each holiday so that per
Section 9.2, employees shall accrue 7.67 hours (instead of eight (8) hours) of holiday pay
or leave per holiday.
Per Section 9.3 of this MOU, newly appointed employees who become employees of the
bargaining unit after January I must wait six (6) months to receive credit for the floating
holiday. As such, for employees hired between January 1 and June 30 of each calendar
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year, their floating holiday will not accrue, but will be used by the City to pay for
Association President's Leave in the same calendar year six (6) months after being hired.
Employees hired on or after July 1 will not earn a floating holiday in the same calendar
year. These employees will earn their floating holiday six (6) months after being hired. At
that time,the floating holiday they would have otherwise accrued will not accrue,but rather
be used by the City to pay for Association President's Leave.
For the annual calculation described in Section 14.4, for employees hired between January
1 and June 30,the City will include the eight(8)hours of their holiday leave.For employees
hired between July 1 and December 31, since they will not be earning a floating holiday in
the year they are hired, the City will not use any hours in the same calendar year hired in
calculating the annual value of the floating holiday leave from employees.
14.4 Accounting for Association Representative Leave.
A. At the end of each calendar year by January 31 of the following year, the City will
provide the Association with an accounting of the value of the Association
President's Leave used in the prior calendar year. The purpose of this accounting
will be to compare the value of the floating holiday leave (and effective January 1,
2025 the value of the floating holiday and four (4) additional hours - for a total of
twelve(12)hours)that was not earned by the employees in the calendar year to the
value of the Association President's Leave used by the Association.
B. In conducting this accounting, the value of the floating holiday leave will be
determined by the hourly total cost of each employee (base pay, any additional
special pay additives and all employer benefits costs (including,but not limited to,
health allowances and employer total cost of retirement — employer normal cost
plus Employer Paid Member Contribution)who, in the calendar year, donated their
eight (8) hour floating holiday (and effective January 1, 2025 the value of the
floating holiday and four (4) additional hours - for a total of twelve (12)hours).
C. In determining the value of the Association President's Leave, the City will take
the total cost of the Association President (base pay, any additional special pay
additives and all employer benefit costs, including, but not limited to, health
allowances and employer cost of retirement—employer normal cost plus Employer
Paid Member Contribution) and divide it by two thousand eighty (2,080) hours.
That will determine the hourly value of total cost of the Association President's
Leave. The City will then review the number of hours of Association President's
Leave used and determine the cost of the leave hours used by multiplying the
number of leave hours by the hourly value of total cost the Association President.
In evaluating the total cost of the Association President, it shall include the cost of
all wages and benefits including, but not limited to, health and retirement benefits.
D. If the value of the floating holiday leave (and effective January 1, 2025 the value
of the floating holiday and four (4) additional hours - for a total of twelve (12)
hours)) that was donated exceeds the value of the Association President's Leave,
the City will issue a check to the Association for the difference in value, which will
be used for the Association's general fund. The Association may instead elect to
56
convert the difference in value (up to one thousand (1,000) hours) to be used as
Association Leave in that fiscal year, as long as the City captures the cost of the
person using the leave as well as the cost of any other person who is working as a
result of the person using the leave. Such non-cumulative Association Leave would
be in addition to the Association Leave provided for in Section 14.6. The terms in
Section 14.6 would apply to Association Leave provided in this section. Similarly,
if the value of the floating holiday leave (and effective January 1, 2025 the value of
the floating holiday and four(4) additional hours-for a total of twelve (12)hours))
that was donated is less than the value of the Association President's Leave, the
Association will issue a check to the City for the difference in value. This provision
will ensure that employees represented by the Association will pay for the precise
cost of the Association President's Leave used in the calendar year.
14.5 The Police Chief shall allow on-duty time, up to three (3) days for five (5)board members,
once per year, to attend the Peace Officers' Memorial. The Police Chief shall allow on-
duty time, up to four (4) days for five (5) board members, once per year, to attend the
Fraternal Order of Police ("FOP") training. The Association will pay for all costs for the
board members' attendance at said events, including per diem, travel, hotel, etc. If the
Memorial or FOP falls on a board member's normal day off, they will not receive on-duty
pay for attendance.
14.6 The City agrees to grant up to a total of one hundred ninety (190) hours per fiscal year on
a non-cumulative basis to enable Association members, officers, worksite
leaders/stewards, to conduct union business and assist other bargaining unit employees in
processing grievances under the Grievance Review Procedure; provided, however, that
such Association members, officers, worksite leaders/stewards, and aggrieved employees
shall make advance arrangement with their supervisors prior to absenting themselves for
such purpose. The officers, worksite leaders/stewards, and aggrieved employees shall be
required by the City to record and report to their supervisors the work time spent in assisting
other bargaining unit employees pursuant to this provision of the MOU.
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ARTICLE XV
15.0 RESIDENCY
15.1 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
requirements upon members assigned to those positions to live within a certain distance of
City Hall.
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ARTICLE XVI
16.0 DISCIPLINE
16.1 Pre-Disciplinary Procedure
If an employee is to be suspended without pay, receive a reduction in pay, transferred for
purposes of discipline, demoted, or discharged, the employee shall:
A. Receive written notice of the intended action at least ten (10) calendar days before the
date it is intended to become effective, stating the specific grounds and the particular
facts upon which the intended action is based.
B. Receive copies of any known materials, reports, transcripts, statements, or other
documents upon which the intended action is based.
C. Be accorded the right to respond to the intended charges in writing or in person with
the Chief of Police or designee within a reasonable period of time, not to exceed ten
(10)business days unless the Chief of Police or designee authorizes a longer time.
D. Be given the written decision of the Chief of Police or designee prior to the effective
date of the disciplinary action.
16.2 Disciplinary Appeals Procedure
The following appeals procedures are adopted by the parties pursuant to Government Code
section 3304.5 of the Public Safety Officers' Procedural Bill of Rights Act.
A. Punitive Action - The term "punitive action" means any action defined by
Government Code section 3303, i.e., "any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or transfer for
purposes of punishment."
B. Formal Appeals Procedures — For Punitive Action not Covered by the Informal
Hearing Process
1. Filing an appeal: If an employee desires to appeal a disciplinary action not
covered by the informal process, they (or their representative) shall submit a
written notice of appeal to the Executive Director of Human Resources or
designee. A representative of the City shall contact either the employee or their
identified representative within ten (10) calendar days of receipt of the notice
of appeal to determine whether the parties can agree on an arbitrator to hear the
appeal. If the parties cannot reach agreement on an arbitrator, the Executive
Director of Human Resources or designee will send a letter to the State
Mediation and Conciliation Service requesting a list of seven (7) arbitrators.
Once the list is received, the representatives of the parties shall strike names
until an arbitrator is chosen. The parties shall toss a coin to determine who shall
59
strike the first name. Once the arbitrator is selected, the parties will contact the
arbitrator to schedule a hearing.
2. Hearing process: During the hearing, the formal rules of evidence do not apply.
The cost of the list of arbitrators, the arbitrator themselves, and the court
reporter shall be split evenly (50% and 50%) between the City and the
Association. Once the arbitrator issues their advisory recommendation, the
Executive Director of Human Resources or designee will submit the advisory
recommendation to the City Manager.
a. The Arbitrator's Recommendation: The arbitrator shall issue their advisory
recommendation within thirty(30)calendar days from the conclusion of the
hearing.
3. The City Manager's Role: Within thirty-five (35) calendar days of receipt of
the advisory arbitrator's recommendation, the City Manager shall issue and
send their final written decision to the parties. The City Manager may accept,
reject, or modify the arbitrator's advisory recommendation or any part thereof.
In no case, however, may the City Manager increase the penalty above that
imposed by the Chief of Police. The City Manager's decision shall be final and
binding. In reaching their decision, the City Manager shall review the
arbitrator's advisory recommendation and the evidence, both documentary and
testimonial, and arguments presented during the advisory arbitration.
4. Right to File in Court: The employee has the right to appeal the City Manager's
decision in accordance with California Code of Civil Procedure section 1094.6
that provides a ninety(90) day statute of limitations.
16.3 Informal Appeals Procedures
The Informal Appeals Procedure, as opposed to the formal procedures, will be used for
written reprimands.
A. Appeal to the Chief of Police
I. The appeal is an opportunity for the employee to present inforination and arguments
why a punitive action should not occur or offer alternatives to the action.
2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the
written reprimand, the employee shall notify the Executive Director of Human
Resources or Designee in writing that they intend to appeal the written reprimand.
The Executive Director of Human Resources or designee shall contact either the
employee or their identified representative within ten (10) calendar days of receipt
of the notice of appeal to schedule the appeal.
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3. Hearing Officer: The Chief of Police shall act as the hearing officer. The meeting
shall take place within twenty-one(2 1)calendar days of the date the employee filed
the appeal or such other time as may be agreeable by the parties.
4. Decision: After the meeting, a decision will be submitted in writing within thirty
(30)calendar days and provided to the employee. The decision is final. The decision
shall advise the employee that the time within which judicial review of the decision
may be sought as governed by Code of Civil Procedure § 1094.6.
16.4 The appeal of performance evaluations shall be subject to a one(1) step appeal to the Chief
of Police or City Manager or designee (depending on who made the decision) as
determined by the Executive Director of Human Resources or designee. Such requests for
appeal shall be submitted in writing to the Executive Director of Human Resources or
designee within ten (10) calendar days from the date the employee received the
performance evaluation. The Chief of Police or City Manager or designee shall meet with
the employee within ten (10) calendar days after submission of the appeal. The Chief of
Police or City Manager or designee shall deliver the written response to the employee
within ten (10) calendar days after meeting with the employee. The decision of the Chief
of Police or City Manager or designee shall be final and binding.
16.5 Employees may be represented by up to two (2) representatives of their choice when
entitled to a representative by law (for example, one (1) attorney and one (1) Association
representative, or two (2) Association representatives).
16.6 The parties can mutually agree to extend any deadlines in this Article.
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ARTICLE XVII
17.0 GRIEVANCE REVIEW PROCEDURE
17.1 Definition of Grievance. A grievance shall be defined as a timely complaint by an
employee, a group of employees or the Association concerning the interpretation or
application of specific provisions of this MOU, 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 provisions of the
City Charter and the Civil Service Rules and Regulations.
No employee shall suffer any reprisal for filing or processing a grievance or participating
in the Grievance Review Procedure.
17.2 Step 1.
A. An employee or the Association must first attempt to resolve the grievance at Step
1 with the Executive Director of Human Resources or designee without undue
delay,but in no case,beyond a period of ten(10)calendar 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. The
parties can mutually agree to extend any deadlines in this section.
B. The Executive Director of Human Resources or designee will respond to the
grievance within fourteen (14) calendar days of receiving the grievance.
C. Every effort shall be made to find an acceptable solution to the grievance at Step
1.
D. If the grievant is not satisfied with the response from the Executive Director of
Human Resources or designee, the grievant, within ten (10) calendar days of
receiving the response must submit the grievance in writing to Step 2 (advisory
arbitration) by emailing the Executive Director of Human Resources or designee.
Should the grievant fail to file a written grievance at Step 2,within ten(10)calendar
days after receiving the response at Step 1, the grievance shall be barred and
waived.
17.3 Step 2.
A. A representative of the City shall contact the grievant within ten(10) calendar days
of receipt of the Step 2 grievance to determine whether the parties can agree on an
arbitrator to hear it. If the parties cannot reach agreement on an arbitrator, the
Executive Director of Human Resources or designee will send a letter to the State
Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once
the list is received, the representatives of the parties shall strike names until an
arbitrator is chosen. The parties shall toss a coin to determine who shall strike the
first name. Once the arbitrator is selected, the parties will contact the arbitrator to
schedule a hearing.
62
B. Hearing Process: During the hearing, the formal rules of evidence do not apply.
The cost of the list of arbitrators, the arbitrator themselves, and the court reporter
shall be split evenly (50% and 50%) between the City and the Association. Once
the arbitrator issues their advisory recommendation, the Executive Director of
Human Resources or Designee will submit the advisory recommendation to the
City Manager.
1. The Arbitrator's Decision: The arbitrator shall issue their advisory
recommendation within thirty(30)calendar days from the conclusion of the
hearing.
C. The City Manager's Role: Within thirty-five (35) calendar days of receipt of the
advisory arbitrator's recommendation, the City Manager shall issue and send their
final written decision to the parties. The City Manager may accept,reject,or modify
the arbitrator's advisory recommendation or any part thereof The City Manager's
decision shall be final and binding. In reaching their decision, the City Manager
shall review the arbitrator's advisory recommendation and the evidence, both
documentary and testimonial, and arguments presented at the advisory arbitration.
D. Right to File in Court: The employee has the right to appeal the City Manager's
decision in accordance with California Code of Civil Procedure section 1094.6 that
provides a ninety (90) day statute of limitations.
17.4 Alleged violations of City Rules, Regulations, and Policies
If an employee, group of employees or the Association (grievant)believes there has been
a violation, misapplication or misinterpretation of a City rule, regulation or policy, the
grievant may, file a grievance within ten (10) calendar days of the alleged violation,
misapplication or misinterpretation or when the grievant knew or should have reasonably
become aware of the facts giving rise to the grievance. The parties may mutually agree to
extend the timeline to file a grievance per this section.
Such a grievance should be filed with the Executive Director of Human Resources or
designee. The grievant may request a meeting with either the Chief of Police or City
Manager (depending on who made decision). The decision of Chief of Police or City
Manager's shall be final.
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ARTICLE XVIII
18.0 DUES DEDUCTION AND INDEMNIFICATION
18.1 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.
18.2 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.
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ARTICLE XIX
19.0 CITY RIGHTS
19.1 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 MOU
or by law to manage the City, as such rights existed prior to the execution of this MOU.
The sole and exclusive rights of Management, as they are not abridged by this MOU 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 necessity of organization of any service or activity conducted by
the City and expand or diminish services.
C. To determine the nature, manner, means, and technology, and extent of services to
be provided to the public.
D. To determine methods of financing.
E. To determine types of equipment or technology to be used.
F. 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.
G. 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.
H. 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.
I. To relieve employees from duties for lack of work or similar non-disciplinary
reason, subject to the provisions of the City Charter, Municipal Code, federal and
state law and this MOU.
J. To establish and modify productivity and performance programs and standards.
K. 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.
L. To determine job classifications and to reclassify employees as well as to determine
minimum qualifications for entry level classifications.
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M. To hire, transfer, promote, and demote employees for non-disciplinary reasons in
accordance with this MOU.
N. To determine policies, procedures, and standards for selection, training, and
promotion of employees.
O. To establish employee performance standards including, but not limited to, quality
and quantity standards and to require compliance therewith.
P. To maintain order and efficiency in its facilities and operations.
Q. 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 MOU.
R. To take any and all necessary action to cagy out the mission of the City.
19.2 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 MOU.
The City and Association agree that upon the expiration of this MOU and during the good
faith negotiations for a subsequent contract, salary and benefits shall continue at the then
current rate.
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ARTICLE XX
20.0 STRIKES AND WORK STOPPAGES
20.1 Prohibited Conduct.
A. The Association, its officers, agents, representatives, and/or members agree that
during the term of this MOU, 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 20.2, Association Responsibility, the City may suspend any and all rights
and privileges, accorded to the Association in this MOU, including but not limited
to suspension of the Grievance Review Procedure and dues deduction.
20.2 Association Responsibility. In the event that the Association, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Section 20.1(A) of
this Article, Prohibited Conduct, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this MOU and unlawful, and
they must immediately cease engaging in conduct prohibited in said Section 20.1(A), and
return to work.
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ARTICLE XXI
21.0 LAYOFFS
21.1 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.
21.2 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.
21.3 Any permanent, full-time employee laid off under the above provisions may request a
demotion to a position in a lower class provided they meets reasonably related
qualifications required for placement in the class and the position is vacant.
21.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which
they has served, providing that classification is within the same job family/career ladder.
In that event,the employee's length of service in the next lower classification will be added
to their length of service in the affected classification, and said combined seniority shall be
used to bump down into the next lower classification. This method of combining seniority
shall be applied to subsequent lower classifications.
21.5 For positions that were advertised in the Police Department as "open and promotional" or
"promotional only" which are open to Police Department employees only, there will be
created a "job ladder" such that those employees in positions to be eliminated through
layoff shall be entitled to return to the POA job classification in the Police Department
from which they promoted, "bumping"any employee in that job class with less cumulative
years of service in that job class than the bumping employee had in that job class prior to
promotion.
21.6 Notice of Service. On request, a laid off employee shall receive a statement certifying that
their services have been satisfactory. Layoff shall not be used in lieu of a disciplinary
dismissal.
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ARTICLE XXII
22.0 SOLE AND ENTIRE AGREEMENT
22.1 It is the intent of the parties hereto that the provisions of this MOU 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 MOU is not intended to conflict with federal or state law or the City
Charter.
22.2 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 MOU.
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ARTICLE XXIII
23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU
23.1 During the term of this MOU,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 MOU or in the negotiations leading thereto, unless required by
specific provisions of this MOU, 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 MOU. 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 MOU.
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ARTICLE XXIV
24.0 SEPARABILITY PROVISION
24.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full force and
effect for the duration of this MOU,provided that if any such affected provisions invalidate
or void any benefits of employees covered hereunder,the parties shall forthwith commence
negotiations to discuss the impact of the invalidation.
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ARTICLE XXV
25.0 TERM OF MOU
25.1 The term of this MOU shall be from January 1, 2024 through June 30, 2027.
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CITY OF SANTA ANA, a Municipal
Corporation of the State of California
Dated: By:
MAYOR
Dated: By:
CITY MANAGER
Dated: By:
E ECUTNE DIRECTOR OF
HUMAN RESOURCES
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
§_NWT
Peter J. Brown
Liebert Cassidy Whitmore
LEGAL COUNSEL FOR
CITY OF SANTA ANA
73
i
This MOU has been ratified by the membership of the Santa Ana Police Officers Association.
SANTA ANA POLICE
OFFICERS ASSOCIATION
Dated: 2 .S' �' By:
Jo Kachirisky
SIDENT
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EXHIBIT A
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024 TO JULY 13, 2024
SWORN CLASSIFICATIONS
JOB
JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,153 8,560 8,989 9,439 9,911
Police Sergeant 03300 10,059 10,562 11,090 11,644 12,227
NON-SWORN CLASSIFICATIONS
JOB
JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 5,765 6,053 6,357 6,674 7,008
Animal Service Officer II 03930 6,674 7,008 7,359 7,726 8,112
Background Investigator 06170 6,203 6,514 6,838 7,180 7,540
Communications Services Officer 07660 5,627 5,908 6,203 6,514 6,838
Correctional Officer 00310 6,203 6,514 6,838 7,180 7,540
Correctional Supervisor 00370 7,880 8,274 8,688 9,123 9,579
Crime Research Aide 03995 6,546 6,872 7,215 7,576 7,956
Crime Research Analyst 03990 7,431 7,803 8,194 8,603 9,033
Emergency Operations Coordinator 02705 8,688 9,123 9,579 10,059 10,562
Firearms Examiner 07600 8,153 8,560 8,989 9,439 9,911
Forensic Services Supervisor 01360 9,485 9,960 10,458 10,981 11,530
Forensic Specialist I 03970 6,546 6,872 7,215 7,576 7,956
Forensic Specialist II 03980 7,180 7,540 7,918 8,314 8,730
Parking Control Officer 03900 4,857 5,103 5,359 5,627 5,908
Police Athletic/Activities League 03600 5,599 5,879 6,173 6,482 6,805
Assistant Director
Police Communications Supervisor 06180 7,726 8,112 8,518 8,945 9,393
Police Community Services 00780 6,203 6,514 6,838 7,180 7,540
Specialist
Police Evidence and Supply 00799 5,709 5,995 6,295 6,610 6,940
Specialist
Police Evidence and Supply 00801 6,295 6,610 6,940 7,287 7,650
Supervisor
Police Investigative Specialist 00790 6,203 6,514 6,838 7,180 7,540
Police Photo/Video Specialist 01100 6,053 6,357 6,674 7,008 7,359
Police Property and Evidence 00800 6,295 6,610 6,940 7,287 7,650
Supervisor
Police Recruit 03870 6,482 6,805 7,145 7,504 7,880
Police Service Officer 03800 5,627 5,908 6,203 6,514 6,838
Police Services Dispatcher 03680 6,357 6,674 7,008 7,359 7,726
Rangemaster 03820 5,627 5,908 6,203 6,514 6,838
Senior Parking Control Officer 01270 5,359 5,627 5,908 6,203 6,514
Traffic Services Specialist 00860 6,203 6,514 6,838 7,180 7,540
75
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024 TO JULY 12, 2025
SWORN CLASSIFICATIONS
JOB
JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,479 8,902 9,349 9,817 10,307
Police Sergeant 03300 10,461 10,984 11,534 12,110 12,716
NON-SWORN CLASSIFICATIONS
JOB
JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 5,996 6,295 6,611 6,941 7,288
Animal Service Officer II 03930 6,941 7,288 7,653 8,035 8,436
Background Investigator 06170 6,451 6,775 7,112 7,467 7,842
Communications Services Officer 07660 5,852 6,144 6,451 6,775 7,112
Correctional Officer 00310 6,451 6,775 7,112 7,467 7,842
Correctional Supervisor 00370 8,195 8,605 9,036 9,488 9,962
Crime Research Aide 03995 6,808 7,147 7,504 7,879 8,274
Crime Research Analyst 03990 7,728 8,115 8,522 8,947 9,394
Emergency Operations Coordinator 02705 9,036 9,488 9,962 10,461 10,984
Firearms Examiner 07600 8,479 8,902 9,349 9,817 10,307
Forensic Services Supervisor 01360 9,864 10,358 10,876 11,420 11,991
Forensic Specialist I 03970 6,808 7,147 7,504 7,879 8,274
Forensic Specialist II 03980 7,467 7,842 8,235 8,647 9,079
Parking Control Officer 03900 5,051 5,307 5,573 5,852 6,144
Police Athletic/Activities League 03600 5,823 6,114 6,420 6,741 7,077
Assistant Director
Police Communications Supervisor 06180 8,035 8,436 8,859 9,303 9,769
Police Community Services 00780 6,451 6,775 7,112 7,467 7,842
Specialist
Police Evidence and Supply 00799 5,937 6,235 6,547 6,874 7,218
Specialist
Police Evidence and Supply 00801 6,547 6,874 7,218 7,578 7,956
Supervisor
Police Investigative Specialist 00790 6,451 6,775 7,112 7,467 7,842
Police Photo/Video Specialist 01100 6,295 6,611 6,941 7,288 7,653
Police Property and Evidence 00800 6,547 6,874 7,218 7,578 7,956
Supervisor
Police Recruit 03870 6,741 7,077 7,431 7,804 8,195
Police Service Officer 03800 5,852 6,144 6,451 6,775 7,112
Police Services Dispatcher 03680 6,611 6,941 7,288 7,653 8,035
Rangemaster 03820 5,852 6,144 6,451 6,775 7,112
Senior Parking Control Officer 01270 5,573 5,852 6,144 6,451 6,775
Traffic Services Specialist 00860 6,451 6,775 7,112 7,467 7,842
76
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 13, 2025 TO JULY 11, 2026
SWORN CLASSIFICATIONS
JOB
JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 8,818 9,258 9,723 10,210 10,719
Police Sergeant 03300 10,879 11,423 11,995 12,594 13,225
NON-SWORN CLASSIFICATIONS
JOB
JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 6,236 6,547 6,875 7,219 7,580
Animal Service Officer II 03930 7,219 7,580 7,959 8,356 8,773
Background Investigator 06170 6,709 7,046 7,396 7,766 8,156
Communications Services Officer 07660 6,086 6,390 6,709 7,046 7,396
Correctional Officer 00310 6,709 7,046 7,396 7,766 8,156
Correctional Supervisor 00370 8,523 8,949 9,397 9,868 10,360
Crime Research Aide 03995 7,080 7,433 7,804 8,194 8,605
Crime Research Analyst 03990 8,037 8,440 8,863 9,305 9,770
Emergency Operations Coordinator 02705 9,397 9,868 10,360 10,879 11,423
Firearms Examiner 07600 8,818 9,258 9,723 10,210 10,719
Forensic Services Supervisor 01360 10,259 10,772 11,311 11,877 12,471
Forensic Specialist 03970 7,080 7,433 7,804 8,194 8,605
Forensic Specialist II 03980 7,766 8,156 8,564 8,993 9,442
Parking Control Officer 03900 5,253 5,519 5,796 6,086 6,390
Police Athletic/Activities League 03600 6,056 6,359 6,677 7,011 7,360
Assistant Director
Police Communications Supervisor 06180 8,356 8,773 9,213 9,675 10,160
Police Community Services 00780 6,709 7,046 7,396 7,766 8,156
Specialist
Police Evidence and Supply 00799 6,174 6,484 6,809 7,149 7,507
Specialist
Police Evidence and Supply 00801 6,809 7,149 7,507 7,881 8,274
Supervisor
Police Investigative Specialist 00790 6,709 7,046 7,396 7,766 8,156
Police Photo/Video Specialist 01100 6,547 6,875 7,219 7,580 7,959
Police Property and Evidence 00800 6,809 7,149 7,507 7,881 8,274
Supervisor
Police Recruit 03870 7,011 7,360 7,728 8,116 8,523
Police Service Officer 03800 6,086 6,390 6,709 7,046 7,396
Police Services Dispatcher 03680 6,875 7,219 7,580 7,959 8,356
Rangemaster 03820 6,086 6,390 6,709 7,046 7,396
Senior Parking Control Officer 01270 5,796 6,086 6,390 6,709 7,046
Traffic Services Specialist 00860 6,709 7,046 7,396 7,766 8,156
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MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 12, 2026
SWORN CLASSIFICATIONS
JOB
JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E
Police Officer 03200 9,171 9,628 10,112 10,618 11,148
Police Sergeant 03300 11,314 11,880 12,475 13,098 13,754
NON-SWORN CLASSIFICATIONS
JOB
JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E
Animal Service Officer I 03920 6,485 6,809 7,150 7,508 7,883
Animal Service Officer II 03930 7,508 7,883 8,277 8,690 9,124
Background Investigator 06170 6,977 7,328 7,692 8,077 8,482
Communications Services Officer 07660 6,329 6,646 6,977 7,328 7,692
Correctional Officer 00310 6,977 7,328 7,692 8,077 8,482
Correctional Supervisor 00370 8,864 9,307 9,773 10,263 10,774
Crime Research Aide 03995 7,363 7,730 8,116 8,522 8,949
Crime Research Analyst 03990 8,358 8,778 9,218 9,677 10,161
Emergency Operations Coordinator 02705 9,773 10,263 10,774 11,314 11,880
Firearms Examiner 07600 9,171 9,628 10,112 10,618 11,148
Forensic Services Supervisor 01360 10,669 11,203 11,763 12,352 12,970
Forensic Specialist I 03970 7,363 7,730 8,116 8,522 8,949
Forensic Specialist II 03980 8,077 8,482 8,907 9,353 9,820
Parking Control Officer 03900 5,463 5,740 6,028 6,329 6,646
Police Athletic/Activities League 03600 6,298 6,613 6,944 7,291 7,654
Assistant Director
Police Communications Supervisor 06180 8,690 9,124 9,582 10,062 10,566
Police Community Services 00780 6,977 7,328 7,692 8,077 8,482
Specialist
Police Evidence and Supply 00799 6,421 6,743 7,081 7,435 7,807
Specialist
Police Evidence and Supply 00801 7,081 7,435 7,807 8,196 8,605
Supervisor
Police Investigative Specialist 00790 6,977 7,328 7,692 8,077 8,482
Police Photo/Video Specialist 01100 6,809 7,150 7,508 7,883 8,277
Police Property and Evidence 00800 7,081 7,435 7,807 8,196 8,605
Supervisor
Police Recruit 03870 7,291 7,654 8,037 8,441 8,864
Police Service Officer 03800 6,329 6,646 6,977 7,328 7,692
Police Services Dispatcher 03680 7,150 7,508 7,883 8,277 8,690
Rangemaster 03820 6,329 6,646 6,977 7,328 7,692
Senior Parking Control Officer 01270 6,028 6,329 6,646 6,977 7,328
Traffic Services Specialist 00860 6,977 7,328 7,692 8,077 8,482
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EXHIBIT B
MONTHLY UNIFORM ALLOWANCE BY CLASSIFICATION
Job Title Rounded to .10
POA-NS Animal Services Officer I $ 27.50
POA-NS Animal Services Officer 11 $ 27.50
POA-NS Communications Services Officer $ 28.40
POA-NS Correctional Officer I $ 27.50
POA-NS Correctional Officer II $ 27.50
POA-NS Correctional Supervisor $ 27.50
POA-NS Forensic Specialist 1 $ 27.50
POA-NS Forensic Specialist II $ 27.50
POA-NS Forensic Specialist Supervisor $ 27.50
POA-NS Parking Control Officer $ 27.50
POA-NS Police Communications Supervisor $ 27.50
POA-NS Police Community Services Specialist $ 27.50
POA-NS Police Evidence & Supply Specialist $ 27.50
POA-NS Police Evidence & Supply Supervisor $ 27.50
POA-NS Police Investigative Specialist $ 27.50
POA-SWORN Police Officer $ 27.50
POA-SWORN Police Officer with Motor Officer Premium $ 38.60
POA-NS Police Property& Evidence Supervisor $ 28.40
POA-NS Police Recruit $ 27.50
POA-SWORN Police Sergeant $ 27.50
POA-SWORN Police Sergeant with Motor Officer Premium $ 38.60
POA-NS Police Service Officer $ 27.50
POA-NS Police Services Dispatcher $ 28.40
POA-NS Senior Parking Control Officer $ 27.50
POA-NS Traffic Services Specialist $ 27.50
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EXHIBIT C
HEALTH PLAN AGREEMENT
by and between
The City of Santa Ana
and
The Santa Ana Police Officers Association
IN CONSIDERATION OF the mutual covenants,promises, and conditions set forth herein below
and pursuant to Article XII of the Parties' 2024-2027 Memorandum of Understanding ("MOU"),
the City of Santa Ana ("City") and Santa Ana Police Officers Association ("Association") agree
as follows:
1. The term of this Agreement shall begin on January 1, 2024.
2. Employees' required contributions towards health plan premiums shall be determined by
the Association. To the extent that the Affordable Care Act ("ACA") is still the law, such
employee contribution must fall below such threshold in order to meet the ACA's
affordability threshold under the Federal Poverty Line Safe Harbor. This means that the
employee's required contribution toward premiums for the lowest cost plan that offers
minimum essential coverage shall not exceed nine and twelve hundredths percent(8.39%)
(or the applicable percentage set by the ACA for the year) of the monthly Federal Poverty
Line for a single individual that is in effect during the six (6) months prior to the start of
the plan year (For example, in 2024, the monthly Federal Poverty Line for a single
individual is one thousand two hundred fourteen dollars and ninety cents($1,214.90); eight
and thirty-nine one hundredths percent(8.39%) of one thousand two hundred and fourteen
dollars and ninety cents ($1,214.90) is one hundred and one dollars and ninety-three cents
($101.93). This means that an employee's required contribution toward the lowest cost
plan for 2024 must not exceed one hundred and one dollars and ninety-three cents
(S 101.93). For employees who are on approved Family Leave pursuant to applicable law,
the Association shall continue to pay health insurance premiums to the same extent the
City would be required under applicable law or as long as the employee is considered full-
time for Internal Revenue Service's ("IRS")ACA reporting by the City.
3. The City shall contribute to the Association medical insurance trust fund the following
amounts for provision and administration of health and related benefits:
The City shall contribute toward health benefits (including medical, dental, and long-term
disability insurance benefits) one thousand five hundred seventy-five dollars ($1,575) per
month for each actively employed enrollee member of the bargaining unit.
a. Employees are not entitled to cash out any of the one thousand five hundred
seventy-five dollars ($1,575)per month.
b. The Association shall ensure that for purposes of the ACA's affordability
determination, the portion of the one thousand five hundred seventy-five dollars
($1,575)that makes the lowest cost plan affordable under the Federal Poverty Line
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Safe Harbor is applied only to health premiums and cannot be applied to other
insurance.
4. The Association shall maintain a medical insurance trust fund for the sole purpose of
providing and administering health/dental/long-term disability benefit plans, which may
include medical prescriptions, vision care, and/or long-term disability insurance, ("Health
Benefit Plans"), for employees in the bargaining unit. Said medical insurance trust fund
shall be administered by medical insurance trustee(s) designated by Association. Funds in
said medical insurance trust shall not be co-mingled with other Association funds. It is
intended that the administration of the Health Benefit Plans by the trust fund shall not
survive the expiration of this Agreement without mutual written consent of the Parties.
5. Beginning with the calendar year ending December 31, 2023 and every year thereafter,the
City shall reduce future monthly contributions towards health benefits for any excess fund
balance being held in the Trust as of December 31. "Excess fund balance" shall be defined
as any amount that exceeds four (4) times the total insurance premiums minus the
employee's share of the premium contribution paid for the month of December for the year
just ended. The amount of the "excess fund balance" shall be determined following
completion of an annual audit conducted by auditors that are agreed to by the City and the
Association of the Association Medical Insurance Trust. Once the "excess fund balance"
is determined for the prior calendar year, the City shall reduce its monthly contribution for
the next six (6) months by one-sixth (1/6) of the "excess fund balance". The application of
these reductions for"excess fund balance"will begin to occur thirty(30) days after completion
of the final audit report (e.g., if the determination of the "excess fund balance" occurs in
February, then starting in March).
6. Health Benefit Plans provided through the medical insurance trust fund shall be made
available by the Association to all employees in the bargaining unit. Employees must sign
a written authorization for deductions. Annual predetermined rate increases shall be
automatically adjusted with the approval of the Association,without a requirement for new
payroll deduction forms.
7. The level of benefits for each type of plan shall be substantially similar to those provided
to employees not represented by the Association under the Public Employees' Medical &
Hospital Care Act ("PEMHCA") that governs the California Public Employees'
Retirement System("CalPERS")Health Insurance programs during the twelve (12)month
period immediately preceding this Agreement.
8. Health Benefit Plans must receive prior approval from the Executive Director of Human
Resources or designee whose approval shall not be unreasonably withheld. Group policies
must be designated as such in the California Insurance Code and issuance must be lawful
in this state. The Association shall offer health plans that constitute minimum essential
coverage and provide minimum value under the ACA's employer shared responsibility
provisions. The Association shall not offer reimbursement of premiums for health coverage
obtained through Covered California, as this constitutes an impermissible employer
payment plan under the ACA.
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9. All costs of providing and administering the Health Benefit Plans shall be the sole
responsibility of the Association. The City shall not be responsible for any cost of providing
or administering said plans in excess of the amounts specified in this Agreement. The use
of City contributions to cover the administrative costs of the program shall not exceed fifty
thousand dollars ($50,000) during calendar year 2023. Each calendar year thereafter, the
maximum amount of administrative costs funded using City contributions will be adjusted
by the annual percentage change in the Medical Care Services Consumer Price Index
("CPI") for all urban consumers as of November for the preceding year (i.e., the 2024
administrative fee will be adjusted by the annual change in CPI between November 2022
and November 2023). Administrative costs are defined as costs incurred as a result of
administering said plans exclusive of premium payments. The City shall continue to take
deductions from employees' pre-taxed earnings in accordance with Article XII of the
parties' 2024-2027 Memorandum of Understanding.
10. The Association will be responsible for ensuring that best investment practices shall be
used in accordance with applicable laws and regulations when investing the Trust's funds.
11. The Association will be responsible for all accounting practices relating to the
disbursement of all trust funds. Accounting practices will be in accordance with industry
standards.
12. Upon completion of the annual audit,the Association shall provide the City with a copy of
the annual audit within thirty (30) days of the report's issuance. The annual audit report
shall include actual cost of Health Benefit Plan premiums, total amount of contributed
funds spent on all plans, and details of how all remaining contributed funds are spent or
administered. As used in this Agreement, "remaining contributed funds"means any part of
the City's contribution that has not been spent on health benefit premiums. All books and
records related to the administration and provision of such plans shall be available to audit
and/or inspection by the City upon request and a thirty(30)-day notice.
13. All regular and probationary full-time employees in classifications represented by the
Association and members of the Association shall be eligible and offered an opportunity
to enroll in the Association plan options. No employee shall be eligible for City-provided
Health Benefit Plans unless they are not a member of the Association.
14. The Association shall have an open enrollment at least once a year.
15. The waiting period for Health Benefit Plan coverage may not exceed sixty(60) days.
16. The Association may not terminate its Health Benefit Plans during the term of this
Agreement. If the Association or health provider terminates Health Benefit Plan coverage,
the City will terminate its contribution for the medical benefit trust fund thirty (30) days
prior to plan termination unless the Association provides a suitable replacement plan
approved by the Executive Director of Human Resources or designee whose approval shall
not be unreasonably withheld.
17. Employees eligible for coverage under an Association plan as a result of change of City
representation unit shall be enrolled without regard to pre-existing conditions of illness or
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injury for plan benefits for themselves and their enrolled dependents. Employees eligible
for coverage under a City health plan as a result of change of City representation unit shall
be enrolled without regard to pre-existing conditions of illness or injury for plan benefits
for themselves and their enrolled dependents.
18. In the administration and provision of health care plans, the Association shall comply with
COBRA, HIPAA, ACA, and all other applicable state and federal laws and regulations to
the same extent the City would be required to comply.
19. Association shall comply with all laws applicable to health and welfare benefit, and/or
medical or similar benefit, trust funds and the administration and management thereof
20. The Association shall take all steps necessary to ensure the confidentiality of Health
Benefit Plan user information.
21. Except as provided below,plan eligibility shall terminate at the end of the calendar month
in which any of the following occur:
a. Employee terminates. However, this will not interfere with a former employee's
right to continue insurance coverage at their option as provided for under law.
b. Change of bargaining unit.
C. Disenrollment of a dependent (for the dependent).
However, upon any of the above occurrences, if the employee would still be reported to
the IRS as full-time under the ACA, then that employee's Plan eligibility shall continue
until the end of the stability period as reported by the City, or until coverage by the new
City representation unit begins, whichever comes first.
22. The provisions of this Agreement shall not be subject to the grievance and arbitration
provisions of the Parties' separate Memorandum of Understanding.
23. The Association shall defend, indemnify and hold the City harmless from any claims or
legal action arising out of, or in any way related to, Health Benefit Plans administered
and/or provided pursuant to this Agreement,including any IRS penalties assessed as a result
of the ACA's employer shared responsibility provisions. This obligation shall not arise with
respect to any claim or legal action brought by Association or employees concerning
coverage overlap between the respective City and Association plans.
24. This Agreement is the entire, integrated agreement with respect to the subject matter
hereof, and supersedes all prior and contemporaneous oral and written agreements and
discussions. The Parties also agree that no modification of this Agreement shall be valid
unless it is in writing and signed by all of the Parties to this Agreement.
25. This Agreement shall not be construed in favor or against any party, regardless of which
party drafted or participated in the drafting of its terms.
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26. The parties agree to reopen negotiations if any of the following occurs:
a. If changes to the ACA occur which modify this Agreement, including additions or
potential repeal;
b. If there are other legislative changes that modify this Agreement.
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