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HomeMy WebLinkAboutSANTA ANA MANAGEMENT ASSOCIATION (2010-2014)0 N A-2011-021 crz CZ) TWOFOUR-YEAR CONTRACT EXTENSION TO THE MEMORANbUM OF UNbERSTANDING, AS AMENDED, BETWEEN THE CITY OF SANTA ANA AND SANTA ANA MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2010-11 AND 201 "THROUGH 2013-14 The City of Santa Ana (CITY) and the Santa Ana Management Association (SAMA) have met and o agreed to amend the preyieusly amended extend the 2004-10 Memorandum of Understanding -zzC (MOU) between the CITY and SAMA for i Fiseal yeeps 2094 05 thi-eugh 2009 10 by extending four (4) years. The emoting initial MOU provisions, and v? the provisions outlined in the two-year contract extension for Fiscal Years 2010-11 and 2011-12 will remain unchanged unless addressed modified by this addendum. The new expiration date of the MOU wi4 shall be June 30, 24922014, and the MOU will shall be amended as follows: AMENDED ARTICLE V (new language in bold italics, deleted provisions lined out) 5.2 Schedule of Salaries. A. Two separate schedules of salary rate ranges, one for classifications of employment designated as SAMA Middle Management (MM) assigned to 16 step 17-step monthly salary rate ranges, and one for classifications of employment designated as SAMA Administrative Management (AM) assigned to 5-step monthly salary rate ranges, are attached hereto in matrix format as though set forth herein. The schedules for SAMA Middle Management (MM) classifications and SAMA Administrative Management (AM) classifications and their effective dates are attached to this Agreement as Exhibit A and Exhibit B, respectively, and are listed as follows: Category of Employment Salary RfectiTe Schedule No. be4:e SAMA Middle Management (MM) M 06 Refer to Exhibit 7-04 (Classification assigned to 4-5-17 step 7105 salary rate ranges) MM G7 :-x-96 MME-86- 710? SAMA Administrative Management (AM) AM 06/06 Refer to Exhibit x-1 04 (Classification assigned to 5-step x-1-05 salary rate ranges) 7-06 ? 710 ±Sehed 8. The basic salary schedule for SAMA Middle Management classifications contains numerous salary rate ranges, each range comprised of fi fteeig (15) seventeen (17) separate rates of pay shown in monthly amounts. The respective rate ranges are SAMA Contract Extension: 2010-14 Page 1 identified by a two-digit number preceded by the capital letters "MM." The separate rates of pay or steps within each salary rate range are identified by the numbers "1" through W "17" inclusive, with Step "1" being the lowest or minimum rate of the range, Step "8" "9" the middle or midpoint rate of the range, and Stepp "17" being the highest or maximum rate. The purpose of each step and criteria for advancement are set forth in Subsection 5.8(A) below. C. The basic salary schedule for SAMA Administrative Management contains numerous salary rate ranges, designated by the letter "AM" and a three-digit rate range number. These rate ranges are comprised of five (5) steps or rates of pay shown in monthly amounts, identified by the letters "A" through "E" inclusive, with Step "A" being the lowest step in the range. The purpose of each step and criteria for advancement to the next higher step within a particular salary rate range are set forth in Exhibit B and in Subsection 5.8 (B) below. D. The assignment of SAMA classifications to salary rate ranges is listed in Exhibit C, which is attached and made a part hereof as though set forth herein. 5.3 Salaries. E. Effective July 1, 2008, the base salaries of classifications covered by this Agreement shall be increased by approximately four percent (4%). F. Effective January 1, 2009, the base salaries of classifications covered by this Agreement shall be increased by approximately two and one-half percent (2.5%). G. Gffeetiye July 1, 2099, the base selepies ef elessifleatiens eeyeped by this Agreement 0 R Rfeetwe January 1, 2010, the base selepies ef eless-fieetiens eeyeped by this 0 G. Rfeetoye July 1, 2010, the base selep:es of elessifieetions eaveped by thi-s G. Effective Aly 1, 2010, there shall be no salary increase for classifications covered by this Agreement. H. EffeefiYe Janue-Y 1, 2011, the base selaries of elessifieetions eeYered by the-9 Agreement shall be inereased by approximately two and one half pereent (2.5%). H. Effective January 1, 2011, there shall be no salary increase for classifications covered by this Agreement. SAMA Contract Extension: 2010-14 Page 2 I. Effective Tu/y 1, 2011, the base salaries of classifications covered by this Agreement shall be increased by approximately 3%. J. Effective July 1, 2012, the base salaries of classifications covered by this Agreement shall be increased by approximately 3.5%. K. Effective July 1, 2007, Miscellaneous employees covered by this Agreement shall contribute 2% of their salary toward the employer cost of the 2.7% at 55 retirement benefit. To the extent permitted by CalPER5 and Internal Revenue Service regulations, this 2% contribution shall be implemented through payroll deduction on a pre-tax basis. L. Effective July 1, 2008, Miscellaneous employees covered by this Agreement shall contribute an additional 2% of their salary (for a total of 4%) toward the employer cost of the 2.7% at 55 retirement benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this additional 2% contribution shall be implemented through payroll deduction on a pre-tax basis. M. Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall contribute an additional 2.3% of their salary (for a total of 6.3%) toward the employer cost of the 2.7% at 55 retirement benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis. L Should an other bar ainin uni* l b . y g g emeept-en of the 4% and sa ary er enefit . inepease, with 4:he • : , 2009 and J enuepy 1, 2010, respe efiYely, during the term of this Agreement- SAMA em lo ees she'! be t d th t l b i i , p y gran e a - sa ary or enef t equ -val ewt, 5.4 Application of Basic Compensation Plan. The salary rate ranges contained in Subsection 5.2 and Exhibit Care monthly salary rate ranges. All employees working in classifications of employment covered by this Agreement shall be compensated at a monthly rate. 5.5 Probation. Except for employees in the Excepted Service and employees re-employed from re-employment eligible lists, the probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) or appointment from a promotional eligible list. 5.6 Beginning Rates. A. 5AMA Middle Management Classifications. An employee appointed to a Middle Management classification shall be compensated at any rate within the lower third of the 1-517--step salary rate range (Steps "1" through " ""6') for their job classification SAMA Contract Extension: 2010-14 Page 3 as authorized by the Appointing Authority. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicate a higher rate would be in the City's best interest, the City Manager may authorize hiring at a higher rate in the salary rate range but this higher rate generally shall not be above the midpoint. B. SAMA Administrative Management Classifications. An employee appointed to an Administrative Management classification may be placed by the Appointing Authority at any step within the applicable five (5) step salary rate range (Steps "A" through "E") in the schedule to which the classification has been assigned through adoption of this Agreement, provided that such employee shall be assigned such salary step upon the commencement of his or her service in said classification and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article as set forth below. 5.7 Service. The word "service" as used in this Agreement 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 rate range and having generally similar duties and requirements. Notwithstanding the above, employees in classifications designated as Administrative Management (AM) who are 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 for salary advancement. A lapse of service by an employee for a period of time longer than ten (10) calendar days, by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of this Agreement, and any such employee reentering the service of the City shall be considered as a new employee, except that he or she may be reappointed as provided in Santa Ana Municipal Code (SAMC) Chapter 9-114 and may be placed in the same salary step in the appropriate salary rate range as he or she was at the time of termination of employment. 5.8 A A. SAMA dvancement Within Ranges. Adjustment System* There is y established "e4epmenee based eyeiwetien i by this adjustment system is 4:e help attreet, re4;9;n and metiyate highly eerApetent SAMA Contract Extension: 2010-14 Page 4 a. Annue' Gb-jeetiyes.- Tie--sys#emi shat-ink based, able ebjeefiyes te be eehieyed that heye been mutually agpeed upen agpeed upo n ebjeetiy es eseh Mid - dl M r - t l a_..._.. .' ll l , e enageme n emp e yee she e se be, i i l sea i f d i i , eeis e n , i if any, will be. Sweh annual pepfepmanee eyeluefien shell eeewp SAMA Contract Extension: 2010-14 Page -S v.y. n , . VMf mT CCC.C.RTECVGC11T1'7VITJo Meets objectives and requirements. a 7 6% i . ) n t-ete-. "Gxeeeds " eith SAMA Contract Extension: 2010-14 Page 6 F ll " e. ee eyera perfermanee rated as Meets a pepeent (2.6%) ene step (2.6%) within the salary Pate range, rr based in range step inerease er menetapy ineentiye payment. n r Additienally . , Pating and whe is bein aid a t st hi h th M i g p a ep g ep en e m nimum rate ef SAMA Contract Extension: 2010-14 Page 7 A. SAMA Middle Management classes: The following provisions shall govern salary advancement within rate ranges for employees employed in SAMA Middle Management classes: 1) For any employee in a SAMA Middle Management classification covered by this Agreement who has been initially appointed to a step lower than Step 717; advancement to the next higher step in the SAMA Middle Management schedule of salary rate ranges may be granted only for continued meritorious and efficient service by said employee in the effective performance of the duties of his or her position. Such advancement shall be in two-step increments, each step being equivalent to approximately 2.5%, for a total annual increase of approximately 5% per year. For example, an employee covered by this Agreement shall advance from Step 1 to Step 3, Step 3 to Step 5, Step 5 to Step 7, Step 7 to Step 9, Step 9 to Step 11, Step 11 to Step 13, Step 13 to Step 15, or Step 15 to Step 17 (the top step in the salary rate range), respectively. This two-step advancement shall be granted for continued meritorious and efficient service by said employee in the effective performance of the duties of his or her position. The effective date of such merit step increase, if granted, shall be the first (V") day of the month following the completion of one (1) year of service at the step from which said employee is being advanced. 2) During the term of this Agreement, a SAMA middle management employee who has not yet reached step 15 of the SAMA Middle Management schedule of salary rate ranges shall continue to progress through the salary rate range at the rate of two (2) steps per year (approximately 5%), until Step 15 is achieved. 3) For the period of Fiscal Years 2010-11 and 2011-12, no SAMA Middle Management employee shall advance further than Step 15 of the salary rate range. SAMA Contract Extension: 2010-14 Page 8 4) Effective July 1, 2012, each SAMA Middle Management employee who has already reached Step 15 shall be eligible to receive a one (1) step merit salary increase (approximately 2.5%) effective on his or her anniversary date in class. Said employee shall then be at Step 16 of his or her salary rate range. 5) Effective Aly 1, 2013, each SAMA Middle Management employee who has already reached Step 16 shall be eligible to receive a one (1) step merit salary increase (approximately 2.5%) effective on his or her anniversary date in class. Said employee shall then be at Step 17 of his or her salary rate range. Such merit advancement shall require the following: a) There shall be on file in the office of the Executive Director of Personnel Services a copy of each periodic performance appraisal required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. b) The Appointing Authority, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Appointing Authority as to such recommendations and shall be informed of the reasons. c) No advancement in salary shall become effective until approved by the City Manager, except when placement on a salary step above Step "1 " results from promotion under the provisions of Section 5.9 (A) of this Agreement. d) Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step advance shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of such merit step advance shall be SAMA Contract Extension: 2010-14 Page 9 retroactive to the first (1St) day of the month following the completion of the required length of service. 6) When an employee in a SAMA Middle Management classification has not been approved for advancement to the next higher salary step, he or she may be reconsidered for such advancement after the completion of three (3) months of additional continued service in the classification and shall be reconsidered for advancement to the next higher step above his or her then current step after the completion of six (6) months of additional continued service in the classification. 7) An employee in a SAMA Middle Management classification who is being paid at any salary step above Step "1 " may be reduced to the next lower step in the appropriate salary rate range upon the recommendation of the Appointing Authority and the approval of the City Manager. Procedure for such reduction shall follow the same procedure for merit advancement in Subsection 5.8 Paragraph (A) (6) above, and such officer or employee may be considered for readvancement under the same provisions as contained in Subsection 5.8 Paragraph (A) (6) above. B. SAMA Administrative Management Classifications: The following conditions shall govern salary advancement within 5-step rate ranges for employees employed in SAMA Administrative Management classifications: 1. For any employee in an Administrative Management classification covered by this Agreement who has been initially appointed to a step lower than Step "E," advancement to the next higher step (Step "B" from Step "A" or Step "C" from Step "B," etc.) may be granted only for continued meritorious and efficient service by said employee in the effective performance of the duties of his or her position. The effective date of such merit step increase, if granted, shall be the first day of the month following the completion of one year of service at the step from which said employee is being advanced. Such merit advancement shall require the following: a) There shall be on file in the Office of the Executive Director of Personnel Services a copy of each periodic efficiene e- performance Pepen# appraisal required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. SAMA Contract Extension: 2010-14 Page 10 b) The Appointing Authority at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Appointing Authority as to such recommendations and shall be informed of the reasons. C) No advancement in salary abeye Step-t,44 shall become effective until approved by the City Manager, except when placement on a salary step above Step "A" results from promotion under the provisions of Section 5.9(B) of this Agreement. d) Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step increase shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of such merit step increase shall be retroactive to the first (I") day of the month following the completion of the required length of service. 2. When any such employee in a classification designated as Administrative Management (AM) has not been approved for advancement to the next higher salary step, he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for advancement to the next higher step above his or her then current step after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in Subsection 5.8(8)(1) above. 3. Any employee in an Administrative Management classification who is being paid at any salary step above "A" may be reduced to the next lower step in the appropriate salary rate range upon the recommendation of the Executive Director and the approval of the City Manager. Procedure for such reduction shall follow the same procedure for merit advancement provided in Subsection 5.8 (B) (1) above, and such employee may be considered for readvancement under the same provisions as contained in Subsection 5.8 (B) (2) above. 5.9 Promotional Salary Advancement. A. SAMA Middle Management Classifications: When an employee in a non-management classification of the City service is promoted to a SAMA Middle Management classification, they shall be placed at a salary rate in the appropriate salary rate range that will provide at least a five percent (5%) pay increase. SAMA Contract Extension: 2010-14 Page 11 B. SAMA Administrative Management Classifications: 1. Promotion from a Non-Management Classification. An employee who is promoted to a SAMA Administrative Management classif ication from a non-management classification of the City service shall be placed at a salary rate in the appropriate Administrative Management monthly salary rate range that provides a pay increase of at least one (1) step [approximately five percent (5%)]. 2. Promotional Salary Advancement. When an employee in a classification designated as Administrative Management (AM) is promoted to a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to the beginning step in the appropriate monthly salary range for the higher classification; provided, however, that if the base salary currently being paid such employee is already equal to or higher than such beginning step, he or she shall be placed in the lowest step in the appropriate monthly salary rate range as will grant the employee a pay increase of at least (1) step [approximately five percent (5%)] over his or her current base salary step exclusive of pay premiums such as bilingual pay, special skills or the like. 5.10 Demotion. A. SAMA Middle Management Classifications: When an employee in a Middle Management classification is demoted to a position in a lower classification, he or she shall be placed at a rate in the lower salary rate range which provides at least a five percent (5%) reduction in pay. B. SAMA Administrative Management Classifications: When an employee in a SAMA Administrative Management Classification is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification accordance with the following provisions: 1. The salary rate shall be reduced by at least one (1) step [approximately five percent (5%)]. 2. The new salary rate must be within the appropriate salary rate range. 3. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. 5.11 Probationary Rejection. A promotional employee who is rejected during the probationary period from a SAMA classification shall be returned to the classification in which he or she SAMA Contract Extension: 2010-14 Page 12 holds regular status and at his or her former salary step, unless the reasons for failure to complete probation would also be cause for dismissal from City service. 5.12 Reallocation of Salary Rate Ranges. An employee who is employed in a classification covered by this Agreement which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 5.13 Acting Pay. An employee in a classification covered by this Agreement may be appointed by an Executive Director to serve in an acting capacity during an unplanned absence from work of thirty (30) calendar days or more of another employee represented by SAMA. Represented SAMA employees who are granted "acting pay" shall receive a f ive percent (5%) increase or the minimum rate of the higher salary range while serving in an "acting" capacity. AMENDED ARTICLE IX (new language in bold italics, deleted provisions lined out) 9.3 Longevity Vacation D. Effective July 1, 2005, employees covered by this Agreement will be permitted to cash-out up to sixty (60) hours of their current year's allocation of longevity vacation accrual on a straight time basis. E. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Years 2009-10 and 2010-11 an employee's ability to cash out longevity vacation time. The ability to cash out longevity vacation time shall be re-instated July 1, 2OA2011. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. F. Effective July 1, 201 through June 30, X22014, all employees covered by this Agreement will be permitted to cash-out a maximum of one hundred (100) hours of accrued longevity vacation per fiscal year. 6. Effective July 1, 201220, 4, the maximum permitted yearly cash out of longevity vacation time shall revert back to sixty (60) hours per fiscal year. 9.4 Limitation on Vacation A. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days (400 hours) in any one year by any combination of the vacations granted in these rules SAMA Contract Extension: 2010-14 Page 13 and regulations. Further, no employee may carry over from one (1) calendar year to the next more than the equivalent of one (1) longevity vacation period and the equivalent of one (1) regular vacation period from the previous two (2) years and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) years service could accumulate is thirty (30) working days (240 hours) and only an employee with more than twenty (20) years service could carry over and take the authorized maximum of fifty (50) working days (400 hours) in any one year. B. Effective January 1, 2010, no employee may carry over from one (1) calendar year to the next more than the equivalent of two (2) three (3) longevity vacation periods and the equivalent of one (1) regular vacation period from the current year and the previous two (2) years; vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) years service could accumulate is thirty (30) working days (240 hours) and only an employee with more than twenty (20) years service could carry over and take the authorized maximum of seventy-five (75) working days (600 hours) in any one year. 9.6 Management Vacation Benefit. A. All full time SAMA employees covered by this Agreement will be granted an additional five (5) working days [five (5), eight (8)-hour days for forty (40) hour employees] per calendar year over the regular and longevity vacation schedules applicable to represented non-management employees of the City subject to a maximum accrual of twenty-five (25) days of such additional five (5) days per year. B. Effective January 1, 2010, the maximum accrual of management vacation benefit hours shall increase to thirty (30) days (240 hours). 9.7 Management Vacation Pay Option A. Effected employees shall be given, once each calendar year, the option to receive cash compensation, computed on a straight-time basis, in lieu of up to five (5) 8-hour working days of earned unused management vacation benefits set forth in Section 9.6 above. B. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Years 2009-10 and 2010-11 their ability to cash out management vacation benefits. The ability to cash out management vacation benefits shall be re-instated July 1, 20402011. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. SAMA Contract Extension: 2010-14 Page 14 C. Effective July 1, 2 W20TY through June 30, 20122014, all employees covered by this Agreement will be permitted to cash-out a maximum of sixty-seven (67) hours of accrued management vacation per calendar year. 0. Effective July 1, 20122014, the maximum permitted yearly cash out of management vacation time shall revert back to forty (40) hours per calendar year. AMENDED ARTICLE XI (new language in bold italics, deleted provisions lined out) 11.0 EMPLOYEE INSURANCE 11.7 Medical Retirement Subsidy Plan. A. Effective Fiscal Year 2004-05, the City's annual contribution to the Medical Retirement Subsidy Plan for full time SAMA employees shall be increased by an additional one-half percent (0.5%) of the bargaining unit's salary base, under the same Medical Retirement Subsidy Plan it maintains for Executive Officers and Management employees of the City. With this additional contribution amount, the City's contribution toward the Medical Retirement Subsidy Plan for SAMA employees shall equal one percent (1.0%) of the bargaining unit's salary base. B. Effective Fiscal Year 2008-09, the City's annual contribution to the Medical Retirement Subsidy Plan for full time SAMA employees shall be increased by an additional four tenths of one percent (0.40%) of the bargaining unit's salary base. With this additional amount, the City's contribution toward the Medical Retirement Subsidy Plan for SAMA employees shall equal one and four tenths' percent (1.40%) of the bargaining unit's salary base. C. Effective Fiscal Year 2009-10, the City's annual contribution to the Medical Retirement Subsidy Plan for full time SAMA employees shall be increased by an additional point three five tenths of one percent (0.35%) of the bargaining unit's salary base. With this additional amount, the City's contribution toward the Medical Retirement Subsidy Plan for SAMA employees shall equal one and three quarters' percent (1.75%) of the bargaining unit's salary base. The City makes its annual contribution to the Medical Retirement Subsidy plan for employees covered by this Agreement in October of each year. The parties to this Agreement hereby agree as follows: SAMA Contract Extension: 2010-14 Page 15 1. The October 2009 payment of 1.75% of base salary to the Medical Retirement Subsidy plan covering the members of this bargaining unit will be suspended entirely; 2. The October 2010 payment of 1.759:0 of base salary to the Medical Retirement Subsidy plan covering the members of this bargaining unit will be reduced by 0.75%. Therefore, the October 2010 payment by the City to the Medical Retirement Subsidy plan covering the members of this bargaining unit shall be 1.09'0 of the bargaining unit's salary base; 3. Effective Fiscal Year 2011-12, the City's annual contribution to the Medical Retirement Subsidy Plan for full time SAMA employees shall revert back to one and three quarters' percent (1.759:0) of the bargaining unit's salary base during the term of this Agreement. AMEND ARTICLE XVIII (new language in bold italics-renumber subsequent articles in MOU) 18.0 GRIEVANCE REVIEW PROCEDURE 18.1 Definition of a Grievance. A grievance shall be defined as o timely complaint by on employee or group of employees or the Association concerning the interpretation or application of specific provisions of this Agreement, or of the rules and regulations governing personnel practices or working conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by those provisions of the City Charter and the Civil Service Rules and Regulations. No employee shall suffer any reprisal because of filing or processing of a grievance or participation in the Grievance Review Procedure. Ne4withstanding the Provisions of Seefi 184 th C i reques4: of SAMA after januar ! en , e 2010 th Cit ty agrees that upon *he wri44en ill d l y with SAMA for the sele , , e y w f d e)tpe ifieus y meet- and eenfe l purpose o amen ing this MOW to imp ement a grieyanee eentained in the MOW's of ether e l b i the City, mp eyee argain ng units, ineluding management-,-4n SAMA Contract Extension: 2010-14 Page 16 18.2 Informal Process, A. An employee must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond o 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. B. Every effort shall be mode to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within five (5) working days, a mutually acceptable solution has not been reached at the informal level, the employee shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to his or her immediate supervisor. At this point, the grievance review process becomes formal. Should the grievant foil to file o written grievance, and in the manner specified above, within ten (10) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. 18.3 formal Process. A. If a grievance is not resolved through the informal process, and a written grievance is filed within the time limits set forth above, the grievants immediate supervisor shall odd his or her comments and any justification he or she considers proper, sign it, and forward it to the Deportment Head without undue delay or, in no case, more than ten (10) calendar days. B. If the grievant files a written grievance with the Department Head in the manner and within the time limits specified, then a conference shall be held at the request of the employee or the Department Head. C. The Deportment Head shall inform the employee of his or her action within ten (10) calendar days after receipt of the request of the settlement. The SAMA Contract Extension: 2010-14 Page 17 original of the grievance form and the Department Head's decision shall be filed in the personnel records of the department. D. If no satisfactory settlement has been reached at the departmental level, the employee may, within ten (10) calendar days after being informed by the Department Head of his or her decision on the matter, and the reasons thereof, submit the grievance in writing to the City Manager, or his or her duly authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Department Head's response. E. The City Manager or his duly authorized representative, after a careful review, shall render a final decision on the merits of the grievance, in writing, and return it to the grievant within fifteen (15) calendar days after receiving the grievance. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his or her representative's written decision shall be filed in the personnel records of the department and the grievant's personnel jacket maintained in the Personnel Services Department. F. After the procedures set forth in this Article have been exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. ARTICLE XIX ; 191.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 184 19.1 During the term of this Agreement, the parties mutually agree that they will not seek to negotiate or bargain concerning wages, hours, or terms and conditions of employment, whether or not covered by the Agreement, or in the negotiations leading thereto, and whether or not such matters were discussed, or were even within the contemplation of the parties during the negotiations leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter not covered by this Agreement, or to carry out any provision of salary or benefit tied to another bargaining unit during the term of this Agreement. 19.2 RE-OPENER RE6ARDIN6 THE POSSIBLE MERGER OF MIDDLE AND ADMINISTRATIVE MANA6EMENT CATE6ORIE5 OF EMPLOYMENT SAMA Contract Extension: 2010-14 Page 18 During FY 2010-11, the City and SAMA agree to re-open the MOU for the purpose of discussing the feasibility of merging Middle and Administrative Management categories of employment. ARTICLE XX XZX 209.0 EMERGENCY WAIVER PROVISION 4-94 20.1 In case of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement or the Santa Ana Municipal Code or Resolutions, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergencies. After the City declares the emergency over, this Agreement will be reinstated immediately. SAMA shall have the right to meet and confer with the City regarding the impact of the suspension of the provisions in the Agreement during the emergency. AMENDED ARTICLE XXIXE (new language in bold italics, deleted provisions lined out) 21W.0 TERM 2.04 21.1 The term of this Memorandum of Understanding shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article III, Implementation, are fully met, but in no event shall said Memorandum of Understanding become effective prior to 12:01 a.m. on July 1, 2004. This Memorandum of Understanding shall expire and otherwise be fully terminated at 12:00 midnight on June 30, 2008v12 2014. ARTICLE XXII XXI- 2224.0 NON-DISCRIMINATION 244 22.1 The parties mutually recognize and agree fully to protect the rights of all employees covered hereby to join and participate in the activities of SAMA and all other rights in the Employee Relations Resolution (Resolution Number 81-075) and Government Code, Sections 3500 through 3511. 2-14 22.2 The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, sexual SAMA Contract Extension: 2010-14 Page 19 orientation, age, national origin, political or religious opinions or affiliations, or disability status or other factors not directly related to the successful performance of the job. SAMA Contract Extension: 2010-14 Page 20 ARTICLE XXIII XXII 23.0 2" RATIFICATION & EXECUTION 23.1 The City and SAMA have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and SAMA acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of SAMA and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and SAMA and entered into 4th day of .Tanuary 2011. CITY OF SANTA ANA Dated: RECOMMENDED: A V-111? Kathie Gonzalez Executive Director Personnel Services APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE J troka nt City Attorney David N. Ream City Manager ATTEST: r Maria D. 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