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HomeMy WebLinkAboutPOLICE OFFICERS' ASSOCIATION (POA) - 2013MEMORANDUM To: Mayor Miguel Pulido Date: January 15, 2013 From: Edward S. Raya, Executive Director of Personnel ~ ~~/ Subject: POA MOU As you are aware, the City and the Police Officers Association (POA) have entered into a series of contract extensions and side letters during the past several years. This has created a number of separate documents, which are difficult to read in the context of the original Memorandum of Understanding (MOU). In order to make it easier for all concerned, we have incorporated into the 2004-08 POA MOU, all side letters and contract extensions previously agreed to and approved by Council since 2008. The POA has reviewed and approved this document. Consequently, I have attached for your signature the 2008-13 POA MOU. Because all language contained in this MOU has already been agreed to by the Council, this document does not need formal Council approval. Should you have any questions, please contact me at 647-5372. C: Paul Walters JULY 1, 2008 -JUNE 30, 2013 MEMORANDUM OF UNDERSTANDING CITY OF SANTA ANA AND SANTA ANA POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 2008-09 THROUGH 2012-13 TABLE OF CONTENTS ARTICLE I RECOGNITION 3 ARTICLE II NON-DISCRIMINATION CLAUSE 4 ARTICLE III ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY 5 ARTICLE IV SALARIES g ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 16 ARTICLE VI CAREER DEVELOPMENT PROGRAM 21 ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 25 ARTICLE VIII OVERTIME 28 ARTICLE IX HOLIDAYS 35 ARTICLE X VACATION 38 ARTICLE XI OTHER LEAVES OF ABSENCE 42 ARTICLE XII EMPLOYEE INSURANCE 50 ARTICLE XIII RETIREMENT 52 ARTICLE XIV RELEASE TIME FOR ASSOCIATION REPRESENTATIVE 55 ARTICLE XV SAFETY 57 ARTICLE XVI RESIDENCY Sg ARTICLE XVII DISCIPLINE 59 ARTICLE XVIII GRIEVANCE REVIEW PROCEDURE 60 ARTICLE XIX DUES DEDUCTION AND INDEMNIFICATION 62 ARTICLE XX CITY RIGHTS 63 ARTICLE XXI STRIKES AND WORK STOPPAGES 65 ARTICLE XXII LAYOFFS 66 ARTICLE XXIII SOLE AND ENTIRE AGREEMENT 67 ARTICLE XXIV WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 68 ARTICLE XXV SEPARABILITY PROVISION 69 ARTICLE XXVI TERM OF AGREEMENT 70 ARTICLE XXVII RATIFICATION AND EXECUTION 71 EXHIBIT A BASIC SALARY AND WAGE SCHEDULE 73 EXHIBIT B ASSIGNMENT OF CLASSES TO SALARY RATE RANGES 75 2 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provision of the Meyers-Milias-Brown Act,Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana Police Officers Association (herein called the "Association") as the recognized representative of the bargaining unit which includes police department employees in the sworn, "safety- member" classifications and assignments of Police Officer, Senior Police Officer, Police Sergeant, Senior Police Sergeant and in the non-sworn, "miscellaneous-member" classifications and assignments of Animal Service Officer I and II, Background Investigator, Communications Services Officer, Crime Research Analyst, DARE Officer, Darkroom Technician, Detention Officer, Firearms Examiner, Forensic Specialist I and II, Forensic Services Supervisor, Parking Control Officer, Police Communications Supervisor, Police Community Services Specialist, Police Evidence and Supply Specialist, Police Investigative Specialist, Police Property and Evidence Specialist, Police Property and Evidence Supervisor, Police Recruit, Police Service Assistant, Police Service Officer, Police Services Dispatcher, Range master, Detention Supervisor, Senior Parking Control Officer, and Traffic Services Specialist and excludes all other employees of the Police Department. 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 reopen any provision of this Agreement for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provisions of this Agreement in compliance with State or Federal anti-discrimination laws. 2.2 Whenever reference is made to the masculine gender it shall be understood to include the feminine gender, unless expressly stated otherwise. 4 ARTICLE III 3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY 3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work location during hours prescribed by the Police Chief or his designee(s) and shall not absent themselves during prescribed hours without approval of the Police Chief or his designee(s). 3.2 Definitions. A. Standard Work Period. The Standard Work Period shall consist of a consecutive seven (7) day, 168 hour period. B. Alternative Work Period-207(k Exem t Employs. The Alternative Work Period shall apply to all members of the Association who are peace officers, detention officers or detention supervisors who are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) pursuant to Section 207(k). The 207(k) employees' Work Period shall consist of a consecutive 28 day, 672 hour time period. In conformance with the FLSA, members who are peace officers, detention officers, or detention 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 171 hours in the Alternate Work Period. Nothing in this section shall prevent a peace officer, detention officer or detention supervisor from earning overtime and being compensated for overtime based on the overtime provisions of this Agreement as stated in Article VIII of this Agreement. All overtime shall be paid at one and one-half (1 1/2) times the regular rate of pay. C. Work Hours. Work hours are the regularly scheduled hours of work as determined by the Police Chief or his designee. A "day" is defined as any consecutive 24 hour period. D. Work Schedules. At this time, the Police Chief has established the following work schedules. These schedules may be changed by the Police Chief subject to the provisions of the Meyers-Milias-Brown Act. Unless exigent circumstances exist, the Police Chief, or his designee, shall inform the Association prior to the changing of the below designated Work Schedules. 1. Standard Work Period Schedules. a. 5/40 Work Schedule. Employees shall work five (5) eight hour workdays per seven (7) consecutive day, 168 hour Standard Work Period. Each workday shall consist of eight (8) hours of work and a 30 minute unpaid meal period. b. 4/10 Work Schedule. Employees shall work four (4)10 hour days per seven (7) consecutive day, 168 hour Standard Work Period. Each workday shall consist of 10 hours of work, and either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. c. 9/80 Work Schedule. Employees shall work four (4) nine hour days and one (1) four hour day in each seven (7) consecutive day, 168 hour Standard Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a 30 minute or one (1) hour unpaid meal period. The eight hour workday shall consist of four (4) hours applied to the first seven (7) day period and four (4) hours applied to the second seven (7) day period divided by either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. d. 12/40 Work Schedule. Employees shall work three (3) 12 hour and 30 minute workdays and one (1) four hour workday in each seven (7) consecutive day, 168 hour Standard Work Period. Effective November 1, 2004, each workday shall consist of 11 hours and 30 minutes of work, and a one (1) hour meal period, 30 minutes of which shall be paid and 30 minutes of which shall be unpaid, for a total of 12 hours and 30 minutes. The four (4) hour workday shall consist of four (4) hours of work. 2. Alternate Work Period Schedules-207(k Exempt Employees. a. 207(k) 3/12.5 Work Schedule -Patrol/Canine. Employees shall work thirteen 12 hour and 30 minute workdays in each 28 day FLSA Work Period. Of the 13 workdays, an employee assigned to this schedule shall be required to work one (1) 12 hour and 30 minute "payback" day each 28 day FLSA Work Period, scheduled or assigned pursuant to the Department's work schedule policy. Each workday shall consist of 12 hours of work and a 30 minute paid meal period. During each 28 day FLSA Work Period, employees shall work 162.5 hours. Upon completion of this work schedule, employees will earn an additional two (2) hours and 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 his or her meal period, or is interrupted during his or her meal period, he or she shall not receive further compensation. b. 207(k) 7/12.5 Work Schedule -Detention. Employees shall work three (3) 12 hour and 30 minute workdays in one (1) seven day period and four (4) 12 hour and 30 minute workdays in the next seven (7) day period, or alternatively, four (4)12 hour and 30 minute workdays in the first seven (7) day period and three (3) 12 hour and 30 minute 6 workdays in the following seven (7) day period. This cycle shall be repeated twice each 28 day FLSA Work Period. Effective November 1, 2004, each workday shall consist of 11 hours and 30 minutes of work and a one (1) hour meal period, 30 minutes of which shall be paid and 30 minutes of which shall be unpaid, for a total of 12 hours and 30 minutes. During each 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. Detention Officers will be compensated at the time and a half overtime rate for all time worked in excess of their regular work shift of 12.5 hours per workday. The overtime compensation will apply only to actual time worked beyond the regular shift and calculated in increments of six (6) minutes. c. 207(k)4/10.5 Work Schedule-Detention Administration. Employees shall work seven (7) ten hour and 30 minute workdays and one (1) ten hour workday during each two (2) week period. This pattern will recur twice during the 28 day FLSA Work Period. Each 10 hour and 30 minute workday shall consist of 10 hours and 30 minutes of work and either a 30 minute or one (1) hour unpaid meal period. The 10 hour workday shall consist of 10 hours of work and either a 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 his designee. d. 207(k) 4/10 Work Schedule. Employees shall work 16 ten hour workdays in each 28 day FLSA Work Period. Each workday shall consist of 10 hours of work and either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. e. 207(k) 9/80 Work Schedule. Employees shall work five (5) nine hour workdays in one (1) seven (7) day span and three (3) nine hour workdays and one (1) eight hour workday in the second seven (7) day span, or alternatively three (3) nine hour workdays and one (1) eight hour workday in the first seven (7) day span and five (5) nine hour workdays in the second span. This cycle shall be repeated twice each 28 day FLSA Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either a 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 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Police Chief or his designee. f. 207(k) 9/81 Work Schedule. Employees shall work 81 hours in a consecutive 14 day, 336 hour period. This cycle shall be repeated twice each 28 day FLSA Work Period. Employees shall work five (5) nine hour workdays in one (1) seven (7) day span and four (4) nine hour workdays in the second seven (7) day span. Each nine hour workday shall consist of nine (9) hours of work and either a 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 28 day FLSA Work Period, unless he or she takes leave without pay during the 28 day, 672 hour period. 3.3 Part Time Employment. During the term of this Agreement, no presently existing full-time positions will be eliminated as the result of the use of part-time employee(s) and, to the extent possible, when the workload of any one or more part-time employee(s) would justify the addition of afull-time position or positions, the parties will meet and confer regarding the addition of a full-time position or positions, subject to City Council approval. 3.4 Code Seven. Except for those employees assigned to Patrol, other employees whose meal periods are interrupted by the performance of job related duties, will receive another full, uninterrupted lunch period or will be compensated for their lunch period at their overtime rate of pay at time and one-half their regular rate of pay. For purposes of this section, "interrupted" shall mean a significant interruption of more than a few minutes (deminimus). For employees who receive aone-hour lunch period (half of which is paid) overtime compensation shall apply only to the unpaid half-hour. Unless exigent circumstances exist beyond the Department's control, employees assigned to Patrol shall be provided a 30 minute paid meal period. Should an employee's meal period be interrupted, every effort shall be made to allow the affected employee to resume his/her meal period for the remaining unused time, not to exceed the 30 minute total meal period. 3.5 DETECTIVE REDEPLOYMENT For the period July 1, 2010 through June 30 2012, 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 his designee. ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Santa Ana Police Officers Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this Agreement and its attachments. 4.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit A, and made a part hereof as though set forth in full herein, provides numerous salary rate ranges, each comprised of five (5) steps or rates of pay. The respective rate ranges are identified by a three (3) digit number. The steps within each range are identified by the letters "A" through "E" inclusive, with the "A" step being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range are set forth in Section 4.7 below. 4.3 Salary Adjustments. A. The base salaries of employees covered by this Agreement shall be adjusted as follows: Effective July 1, 2008, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4%). Effective January 1, 2009, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5%). Effective July 1, 2010, the base salary of employees covered by this Agreement shall be increased by zero (0) salary rate ranges. Effective January 1, 2011, the base salary of employees covered by this Agreement shall be increased by zero (0) salary rate ranges. Effective July 1, 2011, the base salary of employees covered by this Agreement shall be increased by six (6) salary rate ranges (approximately 3%). Effective December 1, 2011, employees shall contribute 2% (of the 3% salary increase received on July 1, 2011) of their salary increase to pay for employer portion of the City's PERS contribution as more fully addressed below in Section 13.5. This contribution shall be paid in accordance with Government Code section 20516(f). Effective July 1, 2012, the base salary of employees covered by this Agreement shall be increased by seven (7) salary rate ranges (approximately 3.5%). Effective on July 1, 2012, employees covered by this Agreement shall contribute the increase received on that date to pay for employer portion of the City's PERS contribution as more fully addressed below in Section 13.5. This contribution shall be paid in accordance with Government Code section 20516(f). City agrees that if, upon completion of negotiations for a successor MOU with the FBA and all other safety units/employees, the City has not agreed to (or imposed) an employee retirement contribution (either as cost sharing or employer paid member contribution) at the same or greater percentage as to that paid by safety employees who are covered by this Agreement, the City will return the 3.5% salary increase (retroactive to July 1, 2012) to employees covered by this Agreement. B. An employee covered by this Agreement who provides written notice to the City's Benefits and Compensation Manager prior to June 30, 2009, of his or her express intention to retire from City employment on or before January 1, 2011, shall be governed by the following: 1. Effective July 1, 2009, the base salary of an employee who has notified the City of his or her intent to retire from City employment on or before January 1, 2011, shall be increased by eight (8) salary rate ranges (approximately 4%); 2. Effective January 1, 2010, the base salary of an employee who has notified the City of his or her intent to retire from City employment on or before January 1, 2011, shall be increased by five (5) salary rate ranges (approximately 2.5%); 3. In exchange for the salary increases as set forth in 4.3-A-1-a and 4.3-A-1-b, above, an employee who has notified the City in writing of his or her intent to retire from City employment on or before January 1, 2011, as set forth in 4.3- A-l,ahove, shall take unpaid furlough hours off from work during the period July 1, 2009 to June 30, 2010 ("the furlough period") as set forth below: POA Furlough Hours In-lieu of MOU Salary Increase Deferral Bases salary increase as of 7/1/09: 4.00% Base salary increase as of 1/1/10: 2.50% Furlough equivalent value of 6.5% MOU base salary increase: Number of 8/hour Days: 17 Number of hours: 135 1 furlough hr (% of salary): 0.0481 7/1/09 1/1/2010 1/1/2010 7/1/2010 to to to to Schedule 12/31/09 6/30/10 6/30/10 12/31/10 Work Retirement (hr. per 4 % 4 % 2.5 % 2.5 Schedule Date da MOU MOU MOU MOU Tota! Hrs. 1 i 3/ 12 12/31 /2009 12 42 42 lii 3/12 6/30/2010 12 42 42 26 109 liii 3/12 12/31/2010 12 42 42 26 26 135 1 iv 4/ 10 12/31 /2009 10 42 42 lv 4/10 6/30/2010 10 42 42 26 109 lvi 4/10 12/31/2010 10 42 42 26 26 135 ]0 Note: Furlough equivalency table reflects the true value associated with swapping furlough hours in-lieu of MOU salary increase deferral. Furloughs should be based on number of hours not number of days (provides flexibility when employees move across schedules). Number of furlough hours will be the same across all schedules. The required furlough hours shall be monitored by the City payroll department. Any affected employee is required to take the equivalent of at least one (1) furlough day per month during the furlough period. Any affected employee who fails to take the required furlough day in any month shall incur a deduction from his or her gross pay in the succeeding pay period in an amount equal to the hours of his or her regular daily shift, computed at base rate plus premiums. Any employee who notifies the City of his or her intent to retire under these provisions and receives the salary increases as set forth in 4.3"A" "1" subsections "a" and "b" above, and who does not retire on or before January 1, 2011, shall not receive the salary increases scheduled for July 1, 2010 and January 1, 2011, respectively. C. The assignment of classes to salary rate ranges is listed in Exhibit B, which is attached and made a part hereof as though set forth herein. D. Effective July 1, 2001, and in the event the City incurs an employer cost, safety employees covered by this Agreement will contribute up to 1.42% of their salary toward the 3% at 50 retirement benefit. Due to excessive employer contribution rates, effective July 1, 2004 and during the term of this Agreement, the agreed upon employee contribution rate shall be the maximum of 1.42%. Effective July 1, 2007, Miscellaneous employees covered by this Agreement shall contribute 2% of their salary toward the 2.7% at 55 retirement benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, this 2% contribution shall be implemented through payroll deduction on a pre-tax basis. 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 2.7% at 55 retirement benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, this additional 2% contribution shall be implemented through payroll deduction on a pre-tax basis. 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 2.7% at 55 retirement benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, this additiona12.3% contribution shall be implemented through payroll deduction on a pre-tax basis. E. Effective July 1, 1998, employees will contribute one-half percent (.5%) of their base salary plus pay additives 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. Effective July 1, 1999, employees will contribute an additional one-half percent (.5%) for a total of one percent (1%) of their base salary plus pay additives 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. This payroll deduction for retiree health insurance premium reduction assistance will continue until such time as the parties may mutually agree to end said deduction. Additionally, effective October 1, 2006, the City shall contribute an amount equal to one-half percent (.5%) of the bargaining unit's annual base salary, including pay additives, for the purpose of providing retiree health insurance premium reduction assistance. Effective October 1, 2008, and each October ls` thereafter, the City shall contribute an additional amount equal tonne-quarter percent (.25%) for a total City contribution of three-quarters' percent (.75%) of the bargaining unit's annual base salary, including pay additives (excluding overtime), for the purpose of providing retiree health insurance premium reduction assistance. The parties agree that the City's payment due on October 1, 2011 (which the parties previously agreed would not be due until January 1, 2012) shall not be required to be made until October 1, 2012. In addition, the payment due on October 1, 2012 will be due on January 1, 2013. 4.4 Application of Basic Compensation Plan. The salary rate ranges and steps contained in Exhibit A are monthly salary rates. All officers and employees working in classifications of employment covered by this Agreement shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of his or her employment. Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate plus pay additives by 173.33. In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting inexactly one-half cent or higher shall fix the rate at the next higher whole cent. 4.5 Be inning Rates. Anew employee of the City of Santa Ana shall be paid the rate shown as Step "A" in the salary rate range allocated to the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional education, training and/or experience qualifications, the department head under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "B" or Step "C" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. 12 4.6 Service. The word "service" as used in this Agreement shall be deemed to mean continuous, full-time service in the classification in which the officer or employee is being considered for salary advancement, service in the higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1st) working day of the month shall not be credited with "time-in-service" for that month when determining the length of service required for salary step advancement. A lapse of service by an officer or employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such officer or employee for the purpose of this Agreement and any such officer or employee reentering the service of the City shall be considered as a new officer or employee, except that he or she may be reappointed within one (1) year and may be placed in the same salary step in the appropriate salary range as he or she was at the time of termination of employment. 4.7 Advancement Within Ranges. The following regulations shall govern salary advancement within rate ranges: A. Length of Service Advancements. After the salary of an officer or employee has been first established and fixed under this plan, such officer or employee shall be advanced from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C" to Step "D," whichever is the next higher step to that on which the officer or employee has been previously paid, effective the first day of the month following the date of completion of the length of service for such advancement as provided in Exhibit B of this Agreement. B. Merit Advance. An officer or employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 4.2 and Exhibit A of this Agreement. The effective date of such merit increase, if granted, shall be on the first day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the officer or employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: 1. There shall be on file in the office of the chief personnel officer a copy of each periodic efficiency or performance report required to be made on the officer or employee by the Santa Ana Municipal Code and/or the City Manager during the period of service time of such officer or employee subsequent to this last salary advancement. 2. The Police Chief, at least twenty (20) calendar days prior to the anticipated completion of such officer's or employee's required length of service, shall file with the City Manager a statement recommending the granting or denial for the merit increase and supporting such recommendations with specific reasons therefore. 3. No advancement in salary above Step "D" shall become effective until 13 approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Section 4.9 of this Article. C. Length of Service Required When Advancement Denied. When an officer or employee has not been approved for advancement to the merit step E, he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in Subparagraphs B (2) and B (3) of this Section. 4.8 Reduction in Salary Steps. Any officer or employee who is being paid on merit step E may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Police Chief, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 4.7 above, and such officer or employee may be considered for re-advancement under the same provisions as contained in Subsection C of Section 4.7. 4.9 Promotional Salary Advancement. When an officer or employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "A" in the appropriate salary rate range for the higher classification; provided however, that if the base salary step currently being paid such officer or employee is already equal to or higher than said Step "A," he or she will be placed in the lowest step in the appropriate salary rate range as will grant that officer or employee an increase of at least one (1) salary step over his or her current base salary step including any additive or additives such as career development or educational incentive pay, but excluding shift differential, assignment pay and bilingual pay. 4.10 Demotion. When an officer or employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) step. B. The new salary rate must be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the officer or employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Police Chief is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions (Section 4.8, above). 4.11 Reallocation of Salary Rate Ran es. Any officer or employee who is employed in a 14 classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 4.12 Direct Paycheck DepOSlt. The City and Association agree to form a Citywide task force to determine the feasibility of implementing a direct paycheck deposit system. If agreed to by all parties, the new system will be implemented by January 1, 2001, or as soon as practicable thereafter. 4.13 Deferred Compensation. If, during the term of this Agreement, the City agrees to match employee Deferred Compensation contributions for members of any other bargaining unit, then employees covered by this Agreement shall receive the same benefit. 15 ARTICLE V 5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 5.1 Assignment Pay Differentials. Effective the first day of the first full month following Council approval of this Agreement, assignment pay differentials, as listed herein and throughout the contract, will, in each case, be added individually and separately to the employee's base salary. In no event shall one assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. A. An incumbent in the class of Police Services Dispatcher who is continuously and regularly assigned to and actually performing in a lead supervisory and trainer capacity over an assigned shift of Police Services Dispatchers will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above his or her then current base monthly salary step. B. Personnel in the class of Forensic Specialist I, who are regularly and continuously assigned to and actually performing duties in a "lead" supervisory capacity over a primary functional unit of Forensic Specialist I employees, will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above their then current base monthly salary step. C. An incumbent in the class of Police Officer who is continuously and regularly assigned to and actually performing duties of a Corporal will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. Effective July 1, 2005, if a Corporal is assigned to lead a work unit without a Sergeant, he or she will be paid an additional five (5) salary rate ranges (approximately 2.5%) above his or her base monthly salary step for such assignment. At the present time, Directed Patrols and Civic Center Patrol units are examples of such assignments. D. An incumbent in the class of Detention Officer who is continuously and regularly assigned to and actually performing duties of a Senior Detention Officer will be paid at a rate set five (5) salary rate ranges approximately 2.5%) above his or her then current base monthly salary step. E. The Police Chief at his discretion and based on the department's need may assign sworn officers to standby status for non-work days 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- work days 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 16 response to work, but not for their standby status. F. An employee who is continuously and regularly assigned as a Training Officer working in Field Operations, the Detention facility, or as a Forensic Specialist II will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. G. An employee who is continuously and regularly assigned to and actually performing duties of an Internal Affairs Officer will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. H. Effective July 1, 2003, an employee who is continuously and regularly assigned to perform training functions as a Parking Control Officer will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. I. Effective November 1, 2004, an incumbent in the class of Police Officer who is continuously and regularly assigned as a Canine Officer will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. This pay shall be considered compensation for the care and feeding of the dog and will be in lieu of the thirty (30) minutes of time each day currently provided for such purpose. J. Effective July 1, 2005, an incumbent in the class of Police Officer who is continuously and regularly assigned to and actually performing duties of a Motor Officer assigned to the Traffic Division will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. K. Effective July 1, 2005, an incumbent, identified by the Police Department, who is continuously and regularly assigned to and actually performing duties of a Detective/Investigator assigned to the Investigations Division or Special Investigations Units as well as Police Investigative Specialist, Background Investigator, Collision Investigator, and Graffiti Task Force Investigator, will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. L. Effective November 1, 2004, each employee in the class of Detention Officer or Detention Supervisor, who is continuously and regularly assigned to either the 207(k) 7/12.5 Detention Work Schedule, or the 4/10.5 Detention Administration Work Schedule, shall be paid at a rate set six (6) salary rate ranges (approximately 3%) above his or her then current base monthly salary step. This assignment pay is compensation for the additiona130 minutes work or briefing time each day. M. Personnel in the class of Firearms Examiner who are regularly and continuously assigned to and actually performing duties in a "lead" supervisory capacity over a primary functional unit, will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above their then current base monthly salary step. 17 N. Notwithstanding the specific provisions of Article V, Section 5.1, A - M, supra, an incumbent who is regularly and continuously assigned to lead a functional unit which includes positions in the same or lower classifications as the incumbent, may be compensated for said duties upon mutual agreement of the City and POA and approval of the Police Chief and the Executive Director of Personnel Services. This compensation shall be referred to as "lead pay." O. Effective September 1, 2006, an incumbent in the class of Forensic Specialist I or Forensic Specialist II who is continuously and regularly assigned as a Tenprint - AFIS Technician will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. P. Effective September 1, 2006, an incumbent in the class of Forensic Specialist I or Forensic Specialist II who is continuously and regularly assigned as a Fingerprint Analyst will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. In no event shall an incumbent receive more than ten (10) salary rate ranges (approximately 5%) more than his or her then current base monthly salary step for performing the duties of both the Tenprint - AFIS Technician and Fingerprint Analyst. 5.2 Shift Differential, Non-Sworn Personnel. Each employee 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, Detention Officer, Detention Supervisor and Parking Control Officer who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 1 /2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate set ten (10) salary rate ranges (approximately 5.0%) above his or her then current base monthly salary step. 5.3 Bilin u~ al Pay. Qualified employees who meet the following criteria shall be paid a monthly pay differential, above his or her base monthly salary step, as follows: A. Assignment by the Police Chief or his designee to a position requiring bilingual capability in both English and one of the following languages: Spanish, Samoan, Vietnamese, Cambodian, Korean, Hmong or other language designated by the City Manager; and B. Certification by the chief personnel officer as having satisfactorily demonstrated the required level of fluency in both languages. C. Sworn: Street Level Proficienc~panish. A Police Officer or Sergeant who successfully demonstrates the required level of bilingual fluency as determined by the chief personnel officer shall be paid a bilingual pay differential in an amount equal to the product obtained by multiplying the Step "E"base salary rate of Police Officer by 18 five (5) salary rate ranges (approximately 2.5%). Employees receiving "Street Level Proficiency" incentive pay may be required, as a condition of continued eligibility to receive such incentive pay, to successfully complete an eight (8) hour refresher course once every twelve months from the date of initial certification. D. 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 the chief personnel officer shall be paid a bilingual pay differential in an amount equal to the product obtained by multiplying the Step "E" base salary rate of Police Officer by ten (10) salary rate ranges (approximately 5%). E. Non Sworn: Secondary Level Proficiency in Designated Lan~ua es. Anon-sworn employee who successfully demonstrates the required level of bilingual fluency as determined by the chief personnel officer shall be paid a monthly differential of forty dollars ($40) above his or her then current base monthly salary step. F. Non-sworn• Primary Level Proficiency in Designated Lan ua es. Anon-sworn employee who successfully demonstrates the required level of bilingual fluency as determined by the chief personnel officer shall be paid a monthly differential of one hundred seventy-five dollars ($175) above his or her then current base monthly salary step. 5.4 All assignments to positions set forth in Sections 5.1, 5.2, 5.3 above of sworn and non-sworn personnel shall be made or revoked in a fair manner at the discretion of the Police Chief. 5.5 Temporary Upgrade Assignment PaX. The parties acknowledge that from time to time it may be necessary for the department to fill a vacant, full-time budgeted, higher-level position. The parties agree that such a position may be filled by an eligible unit member 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. Eli ibility. Full-time employees shall be assigned to fill a vacant, full-time budgeted, higher- levelposition, 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 his or her eligibility for Temporary Upgrade Assignment Pay; however, the days of absence shall not be counted in the computation of the two 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 19 unless they are holiday hours. Holiday time off will be included in 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 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. After an employee has served two (2) consecutive calendar weeks in a vacant, full-time, budgeted, higher-level position, he shall be compensated at the Temporary Upgrade Assignment Pay rate for each full day that he is assigned to the higher-level position, retroactive to the first (ls`) day of said assignment. 2. An employee serving in a Temporary Upgrade Assignment will be paid a temporary assignment pay premium at a rate set ten (10) salary rate ranges (approximately 5%) above their then current base monthly salary step. 3. An employee assigned to a vacant, full-time budgeted, higher-level position not represented by this bargaining unit will retain all fringe benefits afforded to members of this bargaining unit, if the employee remains eligible for such pay while in the temporary assignment, in accordance with this MOU, but will not be eligible for any benefits afforded to members of the bargaining unit for the position to which he or she is temporarily assigned. 4. An employee assigned to a vacant, full-time, budgeted, higher-level position will continue to accrue, and have recorded, general, special, or normal salary step increases in the employee's permanent position; however, such salary increase will be paid only to maintain the minimum ten (10) salary rate range (approximately S%) differential required by this section. 20 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: 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 his or her probationary period be given credit for the awarding of training units. 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- patrolduties may be earned in any one (1) year and not more than fifteen (15) such training units by assignment shall be used in meeting the criteria for the Police Career Development Program designations as set out in this Article. 6.2 Crime Scene Investigator (C.S.I.). Any sworn, safety-member Police Officer who attains the following educational and experience requirements and the approval as set out below shall be paid an additional five (5) salary rate ranges (2.5%) above his or her then current base 21 monthly salary step. The criteria for such designation shall be as follows: A. Completion of two (2) years of experience as a sworn Police Officer, at least one of which shall be in the Santa Ana Police Department. B. Completion (acquisition) of at least thirty (30) educational and/or training units. C. Assignment to and actual performance of the duties and responsibilities of a C.S.I. D. Completion of a special training course for Crime Scene Investigators as developed and administered by the Santa Ana Police Department or such alternative course as designated for such purpose by the Police Chief. E. Approval of the Police Chief. The number of such designations as C.S.I. shall be no larger than the requirements of the department as determined by the Police Chief. 6.3 Senior Police Officer I. Any sworn, safety-member Police Officer, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Officer I and shall be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: A. Completion of five (5) years of municipal police experience in the Police Officer classification, of which thirty (30) months must be with the Santa Ana Police Department. B. Completion (acquisition) of at least sixty (60) educational and/or training units. C. Approval of the Police Chief. 6.4 Senior Police Officer II. Any sworn, safety-member Police Officer, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Officer II and shall be paid at a rate set twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then current base monthly salary step in the Police Officer classification. The criteria for such designation shall be as follows: A. Completion of seven (7) years of municipal police experience in the Police Officer classification, of which thirty (30) months must be with the Santa Ana Police Department. B. Completion (acquisition) of at least ninety (90) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units. C. Approval of the Police Chief. 6.5 Senior Police Officer III. Any sworn, safety-member Police Officer, regardless of duty 22 assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Officer III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15%) above his or her then current base monthly salary step in the Police Officer classification. The criteria for such designation shall be as follows: A. Completion of nine (9) years of municipal police experience in the Police Officer classification, of which thirty (30) months must be with the Santa Ana Police Department. B. Completion (acquisition) of at least one hundred twenty (120) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units. C. Approval of the Police Chief. 6.6 Senior Police Ser ems. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Sergeant I and shall be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: A. Completion of five (5) years of municipal police experience and be eligible for "E" step of the base salary rate range of the Police Sergeant class. "Eligible" as defined only for Section 6.6(A) means that a Police Sergeant shall be considered for advancement from Step "D" or "E" to Senior Police Sergeant I upon the completion of the required length of service as provided in Section 4.2 and Exhibit A of this Agreement; the effective date of such increase shall be on the first day of the month following completion of such required length of service. B. Completion (acquisition) of at least sixty (60) educational and/or training units. C. Approval of the Police Chief. 6.7 Senior Police Ser eg ant II. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Sergeant II and shall be paid at a rate set twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then current base monthly salary step in the Police Sergeant class. The criteria for such designation shall be as follows: A. Completion of seven (7) years of municipal police experience and be eligible for "E" step of the base salary rate range of the Police Sergeant class. "Eligible" as defined only for Section 6.7(A) means that a Police Sergeant shall be considered for advancement from Step "D" or "E" to Senior Police Sergeant II upon the completion of the required length of service as provided in Section 4.2 and 23 Exhibit A of this Agreement; the effective date of such increase shall be on the first day of the month following completion of such required length of service. B. Completion (acquisition) of at least ninety (90) educational and/or training units; or possession of an Associate of Arts academic degree from an accredited college with an additional thirty (30) or more education or training units. C. Approval of the Police Chief. 6.8 Senior Police Ser eag nt III. Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Sergeant III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15%) above his or her then current base monthly salary step in the Police Sergeant class. The criteria for such designation shall be as follows: A. Completion of nine (9) years of municipal police experience and be eligible for "E" step of the base salary rate range of the Police Sergeant class. "Eligible" as defined only for Section 6.8(A) means that a Police Sergeant shall be considered for advancement from Step "D" or "E" to Senior Police Sergeant III upon the completion of the required length of service as provided in Section 4.2 and Exhibit A of this Agreement; the effective date of such increase shall be on the first day of the month following completion of such required length of service. B. Completion (acquisition) of at least one hundred twenty (120) educational/training units; or possession of an Associate of Arts academic degree from an accredited college with an additional sixty (60) or more educational/training units. C. Approval of the Police Chief. 6.9 Career Development Program -Non-Sworn. Effective the first day of the first full month following Council approval of this Agreement, an incumbent in one of the classes designated as "non-sworn" covered by this Agreement shall earn an additional amount as follows: A. Upon attainment of an Associate in Arts Degree and five (5) years' experience with the City of Santa Ana, said employee will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. B. Upon attainment of a Bachelor of Arts or Science Degree and with five (5) years' experience with the City of Santa Ana, said employee will be paid at a rate set an additional (5) salary rate ranges (approximately 2.5%) for a total of 10 salary rate ranges (approximately 5%) above his or her then current base monthly salary step. If said employee obtains a Bachelor's Degree without attaining an Associate in Arts Degree, he or she will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. 24 ARTICLE VII 7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 7.1 Pumose. 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 ibg ility. A. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G.I. Bill, scholarships, etc. C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his or her job may be reimbursable only after all required occupationally related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. F. Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of the various Boards of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Personnel Services Department. G. When an employee is required by the Police Chief to attend a particular course or seminar, the expense shall be borne entirely by the City. H. For specifics regarding this Article, please refer to Santa Ana Police Department 25 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 and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. B. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions: 1. That a duplicate of the required text(s) was unavailable for loan from the departmental libraries prior to the commencement of coursework; 2. That any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) maybe made available to all employees. C. Tuition or registration costs of one hundred dollars ($100.00) or less are eligible for one hundred percent (100%) reimbursement. Tuition costs in excess of one hundred dollars ($100.00) are eligible for seventy-five percent (75%) reimbursement. Maximum tuition reimbursement per semester is five hundred dollars ($500.00) with a maximum of $1,500 a year. NOTE: Summer and winter sessions shall be counted as separate "semesters" for purposes of the program. D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit. 7.4 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete an Application for Training and Educational Assistance form and submit it to the Police Chief. B. The Police Chief will recommend approval or disapproval and forward the application to the Personnel Services Department. It is advisable that the applicant accomplish the procedures so far described prior to the inception of the course or disbursement of personal funds in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy. C. Within three months after he/she has completed the course and received his/her final grade, the employee must include official verification of his/her final grade with appropriate receipts for tuition and textbook costs to the Personnel Services Department. These will be returned to the employee upon request. Applications not 26 submitted to the Personnel Services Department within three months following completion of the course become void. D. Upon receipt of the required documentation, the Personnel Services Department will determine whether the completed course of instruction is compatible with the provisions of Sections 2 and 3 of this Article. If found to be compatible, the Personnel Services Department will compute the amount of reimbursement, authenticate the application, and forward it to the Police Chief. E. The Police Chief will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget of the Police Department. 27 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 40 hours per Work Period. B. Alternative Work Period Overtime. Pursuant to this Agreement, employees assigned to the Alternate Work Period 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 his or her Alternative Work Period Schedule hours in a consecutive 28 day, 672 hour period. 8.3 Computation of a Workday and Work Period. Paid leave for holidays, sickness, vacation, and other time off with pay shall be credited towards the total time worked in computing a regular workday, and/or a work period, as defined herein. Work amounting to less than six (6) minutes shall not be considered time worked. Overtime worked for six (6) or more minutes shall be calculated in six (6) minute intervals. 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, he or his designee may permit an employee to be compensated for overtime work by earning paid compensatory time off at the rate of one and one-half (1 1 /2) times the employee's regular rate of pay. The employee will be credited with time off at the rate of one and one-half 1 1 /2) hours of time for each hour of overtime worked. This time, hereinafter identified as "comp time" will be accrued in a comp time bank for each employee. The hours in this bank shall reflect the converted time value of each hour worked. Effective January 1, 2010, employees are limited to the accumulation of 160 hours of comp time. Effective July 1, 2010, employees are limited to the accumulation of 200 hours of comp time. 28 2. For the period of July 1, 2010 to June 30, 2011, employees covered by this Agreement agree to defer the cash out of any comp time. The cash out option, as modified below, shall be reinstated effective July 1, 2011. The designated periods for cash out shall be September 15 and ending September 30; December 15 and ending December 31; March 15 and ending March 31; and June 15 and ending June 30. a. For the period July 1, 2010 to June 30, 2011, employees paid out of the General Fund of the City agree that compensation to them for overtime earned by them shall be in the form of compensatory time off (comp time) unless and until they have accumulated a maximum of 200 hours of comp time. Any accumulation of compensatory time in excess of 200 hours shall be paid in cash. 3. Beginning July 1, 2011, each affected employee who has accrued comp time credits, may elect to convert up to twenty (20) hours of such accrued time each calendar year quarter to the cash equivalent thereof, to a maximum of eighty (80) hours per calendar year. 4. For the period December 1, 2011 and ending June 30, 2013, all employees covered by this Agreement who work overtime hours shall have those hours accrue as compensatory time off, not overtime pay. To ensure that overtime pay is not paid by the City during this time period, effective December 1, 2011, for all safety employees in the unit, their compensatory time off accrual bank is increased to 480 hours. For non-safety employees their compensatory time off accrual bank is increased to 240 hours. 5. For the period December 1, 2011 and ending June 30, 2013, all employees covered by this Agreement are encouraged to use their compensatory time off so that the City will not be required to pay overtime pay. The raising of the compensatory time accrual cap to 480 hours (safety) and 240 hours (non- safety) isintended to ensure that virtually all overtime worked will be accrued as compensatory time off and be used as such. 6. For the period December 1, 2011 and ending June 30, 2013, no employees covered by this Agreement will be permitted to cash out any compensatory time off except if leaving the employ of the City. 7. The deferral of the cash out option shall not affect an employee's ability to be compensated for all accumulated comp time upon separation from employment with the City. C. Use of Comp Time. When an employee submits a request for time off using accrued compensatory time, and that employee has found a qualified replacement, the 29 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. Effective August 7, 2005, 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 new 3-12 Operating Rules, officers may trade work days with other officers within the 28-day deployment period. Any trades must be approved by the affected Lieutenants 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 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 28-day deployment period, whichever applies, or may elect to receive overtime compensation. a. For the period July 1, 2010 through June 30, 2011, requests under this section will be granted only if the volunteer agrees to exchange days off within the 28-day work period, and agrees that he or she will not be subject to payment for overtime as a result of the exchange. 3. Requests for use of compensatory time off during holidays as defined by the current 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. The policy of the department has been, and will continue to be, that compensatory time off requested during aCity-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 8.4C4 below will not apply to compensatory time off requests submitted for consideration during monthly scheduling meetings. 4. Although it is always preferable for the officer 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: 30 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 of a compensatory time off request, 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. In the future, the department may develop, at its own discretion, an automated schedule that will contain this information. 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, maybe subject to disciplinary action and may not be permitted to volunteer to work in this manner in the future. 6. The watch commander shall send out an a-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. Time off with pay to compensate for overtime worked may be taken in increments as small as one-half (1 /2) hour. 8.6 Excess Usage. If compensatory time off is used in excess of that available, such excess compensatory time off will first be deducted from any available vacation benefits and finally, deducted from the next scheduled wage or salary payment. 8.7 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance benefits), toward the completion of probationary period or to progression within a salary rate range. 31 8.8 Overtime Work to be Apportioned. To the extent that he is reasonably able to do so, the Police Chief shall arrange work programs to minimize overtime work; necessary overtime work shall be apportioned among employees of like classification and assignment. 8.9 Advance Compensation for Overtime. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. 8.10 Compensation for Overtime: Exclusions. 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 offor for time beyond a normal workday's duration. Please refer to Santa Ana Police Department Training Bulletin 02-07 for details. 8.11 Call-Back-Duty. 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. 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. 8.12 Accrued Overtime Paid Upon Promotions or Upon Separation. Upon an employee's appointment to a position in which overtime may not be earned or upon an employee's separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. 8.13 Court Appearance. Compensation for court appearance by personnel covered by this Agreement shall be as follows: 32 A. For each required court appearance made by an employee during his or her off-duty time in regard to 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, two (2) hours overtime will be allowed for each session attended. If the employee is not released and must remain available for afternoon court, the employee shall be paid overtime for all hours the court is in session that day. The employee must provide a copy of the subpoena requiring his or her 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 stand-by status by the Police Chief or his authorized representative if the employee can respond to the court, if called, within 60 minutes of the employee's notification. In the event such off-duty employee is on stand-by status during any court session and is not required to appear in court, such employees shall be compensated two (2) hours on a straight time basis, for each court session. Such employee may elect, in lieu of paid time, two (2) hours of comp time off for standby time and not appearing in court, with the approval of the Police Chief. If such off-duty employee on stand-by actually appears in court, he or she shall be compensated as provided in Subsection A, supra. C. Employees assigned to the 3/12.5 or 7/12.5 Work Schedule who appear in court during their regularly scheduled workweek, and as a result do not receive adequate rest, will be allowed to flex their scheduled shift start time up to four hours, with the approval of the employee's immediate supervisor and watch commander, or immediate supervisor and section commander. Alternatively, the employee may be allowed to use up to four hours from his/her "Time Off Bank" or from compensatory time off at the beginning of their scheduled shift to ensure adequate rest. 1. An employee whose work shift ends or starts within thirty minutes of a mandatory court appearance shall be compensated for those thirty minutes at an overtime rate. 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 33 compensated for travel time in any manner. F. Employees who appear in court during off-duty hours may elect to start their normal 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 standby status by the Police Chief or his authorized representative will be compensated two (2) hours on a straight time basis if he or she is not advised of the cancellation of his or her appearance within five (5) Court business days of said appearance. 8.14 Creation of Association Comp Time Bank. A. Any member of the Association who works overtime, or has accrued but unused holidays, can designate that he or she will contribute the value of such time to a bank for use by members of the Association for the purposes and subject to the restrictions provided herein. B. Any member of the Association may receive time off for the welfare of officers, community service and any lawful activity of the Association with pay drawn from the bank described in Subsection A of this Section, provided that said employee first gains approval for said use by the executive board of the Association in the manner specified by its rules as adopted from time to time, and subject to the approval or disapproval of the Police Chief consistent with the operational needs of the Police Department. C. No withdrawal or use of such bank may be made by or on behalf of an employee ordered to take time off without pay for discipline imposed by the Police Chief or his designee. 8.15 Declaration of State of Emer ency. Emergencies shall be governed by the provisions of Santa Ana Municipal Code Section 9-194. 8.16 Compensation of Voluntary Contract Overtime. Exclusive of other provisions of this Article, except Section 8.7 (No Effect on Other Benefits) supra, Police Officers and Police Sergeants who voluntarily agree to perform contract security services at games, parades, dances and similar public events shall be compensated at the rate of one and one-half (1 1/2) times the employee's regular rate of pay. The Police Chief shall determine how many off-duty police officers should serve as security officers at each event. Police Officers and Sergeants represented by the Association shall be given first opportunity to volunteer for said off-duty assignments. If, after a reasonable period of time, an insufficient number of police officers have volunteered to work such assignments, the Police Chief may offer the remaining "openings" to any person(s) he deems capable of performing the work at whatever straight-time pay rate the City considers to be appropriate. 34 ARTICLE IX 9.0 HOLIDAYS 9.1 Legal holidays observed byfull-time permanent and probationary employees covered by this Agreement are as follows: • January 1st -New Year's Day. • Third (3rd) Monday in January - In observance of Martin Luther King Jr.'s Birthday. • Third (3rd) Monday in February - In observance of Presidents' Day. • Last Monday in May - In commemoration of Memorial Day. • July 4th - In observance of Independence Day. • First (lst) Monday in September - In observance of Labor Day. • November 11th - In observance of Veteran's Day. • Fourth (4th) Thursday in November - In observance of Thanksgiving Day. • The Friday immediately following Thanksgiving Day. • December 25th - In observance of Christmas Day. • Last working day before Christmas Day, unless Christmas falls on a Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. • One (1) Floating Holiday -Any workday selected by the employee with prior permission of the employee's supervisor. • Every day proclaimed by the Mayor of the City as a holiday for City employees. Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday which falls on a Saturday will be observed on the Friday preceding the Holiday. 9.2 Full-time, permanent and probationary employees covered by this agreement shall be entitled to receive 96 hours off during the calendar year in lieu of the twelve (12) holidays specified in Section 9.1, supra. Said hours, up to a maximum of 80 hours, may be carried over from one calendar year to the next and shall be cashed out upon separation from employment, not to exceed a maximum of 160 hours. An employee required to work on a City observed "legal" holiday shall be paid at his or her straight time rate. 35 However, if an employee who separated from the service of the City has taken time off for holidays in advance of the date or day the holiday actually occurred, he or she must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation. 9.3 Cash Option. Employees covered by this Agreement shall be given an option twice per calendar year to receive cash compensation ("cash out") computed on a straight time basis in exchange for eighty (80) hours of their annual holiday leave benefits set forth in Section 9.2 above. Specifically, employees may cash out up to 40 hours of holiday leave benefits in April of each calendar year and an additiona140 hours of holiday leave benefits in November of each calendar year. An employee that does not cash out holiday leave benefits in April may cash out a maximum of 80 hours of holiday leave benefits in November. The following terms and conditions apply to the Cash Option set forth above for the period of time beginning July 1, 2009 and ending June 30, 2013. Effective July 1, 2013, the cash out limits set forth in subparagraph "B" below shall no longer apply and the Cash Option cash out limits shall be revised as set forth in 9.3C below. A. The Cash Option is deferred for that period of time beginning July 1, 2009 and ending June 30, 2010. The Cash Option, as modified below, is reinstated effective July 1, 2010. The deferral of the Cash Option shall not affect an employee's ability to be compensated for accumulated leave upon separation from employment with the City, up to a maximum of 160 hours. B. For that period of time beginning July 1, 2010, and ending June 30, 2013, employees shall be given the option twice per calendar year to receive cash compensation ("cash out") computed on a straight time basis in exchange for 106 hours of their annual holiday leave benefits set forth in Section 9.2 above. Specifically, employees may cash out up to 53 hours oi~ holiday leave benefits in November, 2010; November, 2011; and November 2012; and an additional 53 hours of holiday leave benefits in April, 2011; April, 2012; and April, 2013. An employee that does not cash out holiday leave benefits in the November period may cash out a maximum of 106 hours of holiday leave benefits in the April period. C. For the period December 1, 2011 and ending June 30, 2013, all employees covered by this Agreement shall defer, for the duration of Fiscal Years 2011-12 and 2012-13, an employee's ability to cash out annual holiday leave benefits. The ability to cash out annual holiday leave benefits shall be re-instated July 1, 2013. Specifically, employees may cash out up to 67 hours of holiday leave benefits in November, 2013; April, 2014; November, 2014; April, 2015; November, 2015; and April, 2016, respectively. An employee that does not cash out holiday leave benefits in the November period may cash out a maximum of 134 hours of holiday leave benefits in the April period for each fiscal year. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. 36 Such option maybe eliminated or modified to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (FLSA). 9.4 Anewly-appointed employee must actually work at least one day preceding the day a holiday listed in Section 9.1, supra, actually occurs in order to receive credit for such holiday. The employee will then be credited with all remaining holidays in the year occurring after the appointment. An employee separating from the service of the City must actually work at least one day following the day a holiday listed in Section 9.1, supra, actually occurs in order to receive credit for that holiday. Anewly-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. 9.5 This "time off," as defined in Article X, Section 10.6, may be taken in increments as small as one half (1 /2) hour, with fractional usage rounded upward to the next higher multiple of one half (1 /2) hour. 9.6 Effective July 1, 2009, a maximum of one (1) year of Holiday benefits may be carried over from one calendar year to the next. An employee terminating employment with the City may cash out accumulated, unused Holiday leave benefits, not to exceed a maximum of 160 hours. 37 ARTICLE X 10.0 VACATION 10.1 Pu ose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular ~~~ork schedule, and this purpose will be used as a guide in the administration of the provisions of this Article. 10.2 Reuular Vacation Period. A. Full time employees shall be granted regular vacation at the rate of 80 hours for each of his or her first and second completed year of service, accrued on a monthly basis at the rate of 6 2/3 hours for each completed month of service. Thereafter, all such employees shall be granted regular vacation at the rate of 120 hours for each completed year of service, accrued at the rate of 10 hours for each completed month of service. B. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he or she has completed six (6) months of continuous service. C. On or after the first (1st) day of the month following completion of six (6) months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of leis or her earned vacation, subject to scheduling approval of the employee's supervisor. D. Absence on sick leave for• a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for vacation accrual purposes. E. Computation of Regular Vacation. 1. In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that ten (10) additional hours of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Police Chief, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 2. No employee may carry over from one calendar year to the next, more than the equivalent of two (2) regular vacation periods from the previous two (2) years, and vacation not taken beyond that amount is forfeited. A regular 38 vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A, supra. No employee shall leave a right to accumulate or split his or her vacation, but the same may be allowed or required by the Police Chief. 10.3 Lon evity Vacation. A. Each permanent employee is granted additional hours of vacation leave with pay for each computed year offull-time, continuous city service as set forth in the following table. This additional vacation shall be designated longevity vacation. Completed Hourly Equivalent Years of Additional Days 6 4 7 g 8 12 9 16 10 20 11 24 12 28 13 32 14 36 15 40 16 48 17 56 18 64 19 72 20 80 B. No employee becomes eligible for longevity vacation until completion of the sixth year of continuous service, and each employee continues to earn the maximum of 80 hours of longevity vacation for each completed year of service in excess of 20 years. C. A period of earlier service does not apply toward longevity vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9-114 of the Santa Ana Municipal Code or by reemployment from layoff within one (1) year. D. Leave of absence without pay, as provided in Article XI, Section lE (Sick Leave- Extended) and Section 10.8 (Authorized Absence Without Pay -Long Term) herein, does not constitute a break i n continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of longevity vacation. Absence on military leave followed by reinstatement, as provided in Section 9-143 of the Santa Ana Municipal Code does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of longevity vacation. 39 E. Effective July 1, 2005, employees covered by this Agreement shall be given an option once per calendar year, to receive cash compensation computed on a straight time basis in lieu of up to a total of forty (40) hours of their longevity vacation leave benefits set forth in Subsection A above. F. 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. Tlie ability to cash out longevity vacation time shall be re- instated July 1, 2011. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. G. For the period July 1, 2011 through June 30, 2014, employees covered by this Agreement shall be given an option once per fiscal year, to receive cash compensation computed on a straight time basis in lieu of up to a total of sixty-seven (67) hours of their longevity vacation leave benefits set forth in subsection A above. H. For the period December 1, 2011 and ending June 30, 2013, all employees covered by this Agreement shall defer, for the duration of Fiscal Years 2011-12 and 2012-13 an employee's ability to cash out longevity vacation time. The ability to cash out longevity vacation time shall be re-instated July 1, 2013. Specifically, employees may cash out up to 76 hours of annual longevity vacation benefits during Fiscal Years 2013-14, 2014-15, and 2015-16, respectively. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. I. Effective July 1, 2016, the yearly longevity cash-out provisions shall revert back to that as set forth in section 10.3"E", above. Therefore, effective July 1, 2016, employees covered by this Agreement shall be given an option once per calendar year to receive cash compensation computed on a straight time basis in lieu of up to a total of forty (40) hours of their longevity vacation leave benefits. Such option may be eliminated or modified at the discretion of the Department to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (FLSA). 10.4 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 400 hours in any one year by any combination of the vacations granted in this Agreement. Further, no employee may carry over from one calendar year to the next more than the equivalent of one longevity vacation period and the equivalent of one regular vacation period from the previous two (2) years, and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) years service could accumulate is 240 hours and only an employee with more than 20 40 years of service could carry over and take the authorized maximum of 400 hours in any one year. B. For the calendar year period of 2010 through 2013, an employee's maximum year-to- year vacation carry over shall be increased by one (1) additional longevity vacation period. Therefore, for the calendar period 2010 through 2013, an employee may carry over from one calendar year to the next no more than the equivalent of three (3) longevity vacation periods and the equivalent of one regular vacation period from the previous two (2) years, and vacation not taken beyond that amount is forfeited. C. Effective January 1, 2016, the maximum yearly vacation carryover shall revert back to that as set forth in subsection "A", above, and any accumulated vacation in excess of that maximum allowable carry over not used prior to January 1, 2017, shall be forfeited. D. Notwithstanding the foregoing, for any affected employee who is in jeopardy of losing vacation because of department staffing needs, the Police Chief may provide fora 30-day extension beyond the normal cut off date so that such employee will not lose vacation time. 10.5 Excess Usage. If vacation time off is used in excess of that available, such excess vacation time off will be, first, deducted from any available compensatory time off accrual; finally, deducted from the next scheduled wage or salary payment. 10.6 Time Off Banks. Employee Time Off Banks exist for each employee in the unit. Time off will be computed on an annual basis. Separate banks will be maintained for vacation, holidays, and compensatory time, respectively, based on existing policies applicable to each. Time off from each bank may be taken in increments as small as one half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one half (1/2) hour. Each affected employee shall be afforded the opportunity to submit time off selection(s) and the Police Chief or his designee shall make every reasonable effort to accommodate the employee's preference(s). The time at which an employee shall take his or her leave time shall be determined by the Police Chief, with due regard for the wishes of the employee and particular regard for the needs of the service. NOTE: All other policies and procedures described in Article VIII, "Overtime", Article IX, "Holidays", and Article X, "Vacation" will apply to the Time Off Banks. However, no employee will be allowed to cant' a negative balance in any Time Off Bank. 41 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 non-industrial illness or injury that prevents the employee from performing the duties of his or her position and shall be deemed to include time in quarantine resulting from non-duty related exposure to a contagious disease. B. Accrual. Each employee shall be entitled to, and shall earn, eight (8) hours of sick leave for each full calendar month of service in which he or she is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. Notwithstanding the foregoing, employees on leave of absence for service-connected illness or injury who are covered by the provisions of Labor Code Section 4850, shall continue to accumulate eight (8) hours of sick leave for each full calendar month of service for which he or she is employed by the City with full pay during said absence for service- connected illness or injury. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Subsection J below. 2. With respect to "miscellaneous-member" employees covered by this Agreement, when such an employee's absence is caused by an industrial illness or injury, for which benefits are required to be provided under the State Workers' Compensation Insurance and Safety Act, the City shall pay 100% of salary for the first three (3) days of such absence and sick leave shall not be debited. D. Limit. The maximum total accumulation of sick leave with pay shall be 1600 hours. Sick leave usage of less than a full day shall be charged in minimum increments of one-half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half (1 /2). E. Extended. The City Manager may grant leave up to six months without pay to an employee who has exhausted all of his or her accrued sick leave if the City physician or a licensed physician designated by the City Manager indicates that the employee 42 will be sufficiently recovered to return to his or her employment within a six (6) months period. Prior to the expiration of the additional time, the employee may return to his or her position provided that he or she has a certificate from one of the above mentioned physicians stating that the employee is able to perform all the duties of his or her position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. F. Extension by Use of Vacation. After an employee's sick leave has been exhausted, he or she may be granted permission to take any earned vacation he or she may have accrued. G. Notice. The employee taking sick leave shall notify his or her immediate supervisor not less than one (1) hour prior to the time he or she is scheduled to report for duty. When the absence is more than three (3) consecutive working days, the employee must present to the Police Chief a physician's certificate stating that, in the physician's opinion, the employee could not report to work because of illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the chief personnel officer with the report of the return of the employee to work. A physician's certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration of less than three (3) days. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available to an employee, such excess sick leave, will first be deducted from any available compensatory time off benefit; second, from any available vacation leave benefit; third, from any available holiday leave benefits; and finally, deducted from the next scheduled wage or salary payment. J. Personal Necessity Leave. Each employee shall be afforded the opportunity to use up to 48 hours of sick leave per calendar year, on anon-cumulative basis, as personal necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, or spouse of the employee. 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 43 make it impractical for him or her to report for duty. For the purposes of this section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his or her specific workday schedule. K. Payment for Unused Sick Leave. Definition. All employees, except for those involved in disciplinary termination, shall be entitled to payment under the following provisions: 1. After ten (10) years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for one-third (1 /3) of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 427 hours, at the rate of pay in effect on the date of such termination. a. At his or her option, an employee may convert the above lump sum payment option into health insurance or long term care insurance premiums to the extent necessary to provide the employee and his or her designated eligible dependents, if any, with benefits under the health insurance program maintained by the Association. The City's obligation to pay such premiums shall be terminated when the sum of premiums paid equals one-hundred fifty percent (150%) of the amount of the lump sum payment that the employee would have received for unused sick leave benefits had this option not been elected, not to exceed a maximum of 640 hours. 2. After 15 years of cumulative full-time service with the City, each qualified employee shall be entitled to credit for two-thirds (2/3) of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 1,066 hours, calculated at the rate of pay in effect on the date of such termination. This credit shall be applied toward monthly health insurance premiums or toward long-term care insurance premiums, beginning on the effective date of termination. The City's obligation to pay such premiums to the Association on behalf of the employee shall be terminated when the total credit as described above has been exhausted. 3. After 20 years of cumulative full-time service with the City, each qualified employee shall be entitled to one of two options: (a) payment for 1/3 of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 533 hours, at the rate of pay in effect on the date of such termination, or (b) credit for 2/3 of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 1,066 hours, as defined in " 2" above. 4. After 25 years of cumulative full-time service with the City, each qualified 44 employee shall be entitled to one of two options: (a) payment for 2/3 of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 1,066 hours, at the rate of pay in effect on the date of such termination, or (b) credit for 2/3 of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 1,066 hours, as defined in " 2" above. At the employee's election, payment for unused sick leave in the above provisions may be received in either a lump sum of money, or in equal monthly payments for a period of up to five (5) years. 6. 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 1 /3 of the total sick leave benefit credited to the employee's account at the time of his or her death, and at the rate of pay effective on the date of death. 7. Upon the death of any retired employee receiving a benefit under this provision said benefit will continue to be provided on behalf of said retired employee to his or her 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 tohis/her specific workday schedule. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: A. Any relative by blood or marriage who is a member of the employee's household; B. A parent, parent-in-law, spouse, child, brother, sister, grandparent or grandchild of the employee, regardless of residence; C. Any other relative of the employee by blood or marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required. 11.3 Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Chief Personnel Officer satisfactory proof of his or her orders to report for duty. Upon return and upon showing proof of actual service pursuant to such orders, he or she will be reinstated as provided in Section 9-143 of the Santa Ana Municipal Code. B. TemporarX. Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the 45 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 year's service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 11.4 Jurv and Witness Leave. When an on-duty employee is called to serve as a juror or a non- party witness in any court action he or she shall be allowed leave for the time actually required for such service, without loss of pay. Each on-duty employee called for such service shall present to the Police Chief for examination the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. 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 himself makes an explanation satisfactory to the Police Chief of the cause of his absence, the Police Chief may restore him to his position, with the City Manager's approval. 11.7 Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive working days, may be authorized by the Police Chief. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the department with the approval of the City Manager. Such absences may be authorized only if in the judgment of the Police Chief they serve the best interest of the City. 11.8 Authorized Absence Without Pa -Lon Term. Upon receipt of a written request from an employee having permanent status plus action by the Police Chief recommending approval of the request, the City Manager may grant a leave of absence for up to six (6) months. An employee returning to duty with the City shall inform the Police Chief and chief personnel officer of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the employee to his or her former position. 11.9 Administrative Leave. The City Manager is authorized to grant, at his discretion, administrative leave with or without pay for permanent employees if, in his opinion, such a leave is in the interests of the City. 46 11.10 Industrial Leave. A. Each "safety member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injury covered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid his or her normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850. B. Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustment or to the accrual of vacation and seniority. 11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic, non-industrial medical condition or injury, the City and Association agree to implement a Catastrophic Leave Donation Program. A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. Employees may donate vacation or compensatory time orone in-lieu holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided atwo-week period to submit donations. Donations received after this two-week period shall not be processed. The two-week period for each case shall be designated by the Police Chief or his designee as provided herein below. 3. Donations shall be for a minimum of two (2) hours and a maximum of eight (8) hours per donor. All donations must be made in two-hour increments, except in lieu holidays must be for eight (8) hours. 4. Any authorization of donations not made in accordance with the procedures outlined in Section C, subparagraph 2 below, will not be processed. 5. All donations shall be irrevocable. 6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article XI, Sections 11.1 A through 11.1 K above. B. Eli ibilit~. Full-time employees shall be eligible for catastrophic leave donations if the following criteria are met: 47 l . When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time, vacation, and in lieu holidays, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The Police Chief or his designee has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure. l . Upon receipt of a valid request for donations from an eligible employee, the Police Chief or his designee shall post a notice of the eligible employee's need for donations on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. 2. Employees wishing to donate time to an eligible employee must sign his or her authorization of the transfer of such donated time and provide: a. His or her name, department name, and employee number; b. The number of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 above; c. The name, department, and employee number of the recipient; d. A statement indicating that the donor understands such donation of time is irrevocable. At the close of the two-week donation period, the department shall verify that each donating employee has accrued vacation and/or comp time balances sufficient to cover the designated donation. 4. The department shall submit all approved donation authorizations for an eligible employee atone 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 48 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 Article XI, Sections 11.1 A through 11.1 K above. 49 ARTICLE XII 12.0 EMPLOYEE INSURANCE 12.1 During the term of this Agreement the City will contribute toward the payment of premiums for health, dental and long-term disability insurance plans administered by the Association for the benefit of the employees represented by the Association as follows: A. Medical Insurance. During the term of this Agreement, the City will contribute the following amounts 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: Effective 1-1-07: $767/month per employee (represents an 8% increase). Effective January 1, 2008, January 1, 2009, and January 1, 2010, respectively, the City shall contribute toward medical premiums an amount equal to the percentage increase associated with the Kaiser California CaIPERS HMO plan. Any contributions necessary to maintain benefits under said medical plans in excess of the amounts referenced shall be borne entirely by the Association and/or the enrollees. Effective January 1, 2011, January, 1 2012 and January 1, 2013, respectively, the City shall contribute toward medical premiums an amount equal to the percentage increase associated with the Kaiser California CaIPERS HMO plan. Any contributions necessary to maintain benefits under said medical plans in excess of the amounts referenced shall be borne entirely by the Association and/or the enrollees. B. Dental Insurance. During the term of this Agreement, the City will contribute the following amounts to the Santa Ana Police Officers Association Medical Insurance Trust Fund for each affected employee enrolled in dental insurance plans provided by the Association for its bargaining unit members and their eligible dependents: Effective 1-1-06 thru 12-31-09: $ 80/mo per employee. Effective 1-1-10: $90/mo per employee. Any contributions necessary to maintain benefits under said dental plans in excess of these amounts per month shall be borne entirely by the Association and/or the enrollees. C. Long-Term Disability (L.T D) Insurance. The City shall continue to contribute to the Santa Ana Police Officer Medical Insurance Trust Fund an amount toward the payment of premiums for each employee who is enrolled in the long-term disability insurance plan provided by the Association for employees covered by this Agreement in accordance with the following schedule: 1. With respect to sworn, "safety-member" police personnel, up to a maximum 50 of sixty-eight dollars ($68.00) per month per enrollee. 2. With respect to non-sworn, "miscellaneous-member" personnel, up to a maximum of sixty-four dollars ($64.00) per month per enrollee. Any contribution necessary to maintain benefits under such long-term disability insurance plan provided by the Association for covered employees in excess of the amounts set forth as above shall be borne by the Association and/or the enrollees. D. Life Insurance. The City shall maintain in effect for the term of this Agreement its existing life insurance plan for employees covered by this Agreement on the same basis as said plan was offered to employees as of December 31, 1988 except the term life insurance coverage for each affected employee will be in the amount of twenty thousand dollars ($20,000), plus twenty thousand dollars ($20,000) accidental death and dismemberment (AD + D) coverage, at no cost to the employee. 12.2 Retiree Health Insurance Plan. Members retiring on or after July 1, 1997, will be provided health insurance premium reduction assistance. All bargaining unit employees and the Association shall hold the City harmless, defend and indemnify the City for any claims regarding the administration of, or the payment of, claims under any Association designed retiree health insurance benefit plan. 12.3 Employees on unpaid leave of more than fifteen (15) calendar days shall not receive the City's contribution toward any insurance coverage. The Police Department will notify the Association of all employees on unpaid leave or who separate from City employment within three (3) working days. The City will continue the payment of contribution for insurance coverage until the end of the month in which the Association had received notice from the City of the employee's separation from employment. 51 ARTICLE XIII 13.0 RETIREMENT 13.1 General. The City shall continue to make contributions to the California Public Employees' Retirement System (Ca1PERS) in accordance with its contract with CaIPERS for employees covered by said contract as amended. 13.2 Deferred Retirement. The City shall continue to make payment to CaIPERS on behalf of each employee covered by this Agreement in accordance with the following schedule: A. With respect to "safety-member" employees, the City shall pay an amount equal to nine-ninths (9/9ths) of his or her individual employee retirement contribution. B. With respect to "miscellaneous-member" employees covered by this Agreement, the City shall pay an amount equal to eight-eighths (8/8ths) of his or her individual employee retirement contribution. Such payments shall be credited to the individual employee's CaIPERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this Agreement shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus, will not withhold federal or state income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, not ordinary income. In the event that the City receives a subsequent ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each affected employee shall forthwith be increased by eighteen (18) salary rate ranges (9.0%) for "safety-member" and sixteen (16) salary rate ranges (8.0%) for all "miscellaneous-member" employees covered by this Agreement. For the purpose of reporting an employee's compensation to CaIPERS, the City shall include these payments as if they were a part of the employee's base salary. 13.3 Ca1PERS Fourth Level of 1959 Survivors Benefits. Effective November 7, 2002, the City will provide Ca1PERS fourth level of 1959 Survivors Benefit to all eligible employees in the unit. 13.4 CaIPERS Pre-Retirement Optional Settlement 2 Death Benefit. Effective July 5, 2000, the City shall provide the Ca1PERS Pre-Retirement Optional Settlement 2 Death Benefit to all employees covered by this Agreement. 52 13.5 3% at 50 Service Retirement Benefit for Safety Members. The City agrees to amend its contract with CaIPERS to provide Safety employees represented by this bargaining unit with the 3% at 50 Service Retirement benefit effective July 1, 2001. Payment of 3% at 50 Service Retirement Benefit. The actual cost for the benefit shall be determined upon receipt of the annual actuarial valuation setting forth employer rates for the 2001-02 fiscal year and every subsequent year thereafter. Commencing July 1, 2011, all safety members in the Association shall contribute an additional one percent (1%) of payroll to Ca1PERS for the cost of the service retirement benefit, for a total contribution of 2.42%. This 2.42% is paid pursuant to Government Code Section 20516(f). Commencing December 1, 2011, all employees covered by this Agreement shall pay an additional 2% of their salary to pay for employer portion of the City's PERS contribution. This contribution shall be paid in accordance with Government Code section 20516(f). With this additional 2% for cost sharing, for the period of December 1, 2011 through June 30, 2012, safety employees in the unit shall pay a total of 4.42% of their salary to pay for employer portion of the City's PERS contribution in accordance with Government Code section 20516(f). During this same period, non-safety employees, who, prior to December 1, 2011, in accordance with Section 13.7 of the parties' MOU, paid 6.3% of their salary to pay for the employer portion of the City's PERS contribution, will pay 8.3% of their salary to pay for the employer portion of the City's PERS contribution. Commencing on July 1, 2012 all safety employees covered by this Agreement shall pay an additiona13.5% of their salary to pay for employer portion of the City's PERS contribution. This contribution shall be paid in accordance with Government Code section 20516(f). With this additiona13.5% for cost sharing, effective July 1, 2012, safety employees in the unit shall pay a total of 7.92% of their salary to pay for employer portion of the City's PERS contribution in accordance with Government Code section 20516(f). 13.6 Military Service Credit as Public Service. Effective January 2, 2001, Safety employees, and April 5, 2002, Miscellaneous employees, respectively, may elect 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. The City agrees that, as soon as practicable following Council approval of this Agreement, and amendment to the CaIPERS contract, employees who elect to purchase service credit may do so on a "pre-tax" basis. 13.7 2.7% at 55 Service Retirement Benefit for Miscellaneous Members. The City agrees to amend its retirement contract with Ca1PERS to provide Miscellaneous employees covered by this Agreement with the 2.7% at 55 Service Retirement benefit to be effective January 1, 2009. Pursuant to Ca1PERS regulations, this new formula will apply to employees that are in active status on the date this amendment takes effect. This new formula will apply to each year of eligible service credited with the City of Santa Ana. 53 Payment of New 2 7% at 55 Service Retirement Benefit. Miscellaneous employees covered by this Agreement agree to pay 6.3% of CaIPERS reportable compensation toward the cost of the 2.7% at 55 enhanced retirement formula in the following manner: A. Effective July 1, 2007, the City shall deduct from each employee covered by this Agreement two percent (2%) of CaIPERS reportable compensation to pay toward the cost of the new enhanced retirement formula. B. Effective July 1, 2008, the City shall deduct from each employee covered by this Agreement an additional two percent (2%) of CaIPERS reportable compensation (4% total) to pay toward the cost of the new enhanced retirement formula. C. Effective July 1, 2009, the City shall deduct from each employee covered by this Agreement an additional two point three percent (2.3%) of Ca1PERS reportable compensation (6.3% total) to pay toward the cost of the new enhanced retirement formula. D. Commencing December 1, 2011, all employees covered by this Agreement shall pay an additional 2% of their salary to pay for the employer portion of the City's PERS contribution. This contribution shall be paid in accordance with Government Code section 20516(f). With this additional 2% for cost sharing, for the period of December 1, 2011 through June 30, 2012, non- safety employees, who, prior to December 1, 2011, in accordance with Section 13.7C of the parties' MOU, paid 6.3% of their salary to pay for the employer portion of the City's PERS contribution, will pay 8.3% of their salary to pay for the employer portion of the City's PERS contribution. E. Commencing on July 1, 2012, all non-safety employees covered by this Agreement shall pay an additional 3.5% of their salary, who, prior to July 1, 2012, in accordance with Section 13.7D of the parties' MOU, paid 8.3% of their salary to pay for the employer portion of the City's PERS contribution, will pay 11.8% of their salary to pay for the employer portion of the City's PERS contribution in accordance with Government Code section 20516(f). 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 Credit for Unused Sick Leave. Effective January 1, 2002, anon-sworn employee covered by this Agreement can have unused accumulated sick leave at the time of retirement converted to additional service credit, pursuant to regulations prescribed by PERS. The City must report only those hours of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation from employment. Effective July 1, 2007, the provisions of this section will also apply to sworn employees covered by this Agreement. 54 ARTICLE XIV 14.0 RELEASE TIME FOR ASSOCIATION REPRESENTATIVE During the term of this Agreement, the City agrees to grant full-time release from duty for one (1) Association representative for the conduct of Association affairs subject to the following: 14.1 The Association shall reimburse the City for one hundred percent (100%) of salary (including any salary additives, such as career incentive pay) and benefit costs. Such reimbursement maybe from the bank established pursuant to Section 8.15 of Article VIII of this Agreement. 14.2 The Association shall provide an insurance policy or policies, or certificate of such insurance, naming the City of Santa Ana, its officers, employees and agents as insured or additional insured, which provides coverage against liability for any and all claims and/or suits for damages or injuries to persons or property resulting from or arising out of any actor omission of said Association representative. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than the following minimum amounts: One million dollars ($1,000,000.00) combined single limit or its equivalent. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days notice thereof has been given in writing to the City of Santa Ana. 14.3 The Association shall provide the City of Santa Ana with an insurance certificate from a workers' compensation insurance carrier certifying that it carries primary workers' compensation insurance on behalf of said Association representative and the policy shall not be cancelled nor the coverage reduced except upon ten (10) days' prior notice to the City of Santa Ana. 14.4 The Association shall indemnify and save harmless the City of Santa Ana, its officers and employees, from and against any and all damage to property or injuries to or death of any person or persons, including property and employees or agents of the City of Santa Ana, and shall defend, indemnify and save harmless the City of Santa Ana, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors, or omissions, or arising out of the intentional or malicious acts of Association's representative. 14.5 The Association and the City of Santa Ana agree that the Association's representative will not be required to carry out any peace officer's duties during such time that the Association's representative is on such full-time release from duty. The Association's representative will be required to comply with the Rules and Regulations of the Santa Ana Police Department as they apply tooff--duty employees, except such representative will not be required to report for duty for any purpose. 14.6 Upon return to duty from such full-time release, the Association's representative shall be restored to the same position without loss of any benefits as he or she would have occupied or accrued if there had been no disruption in duty status. 55 The Association agrees that since the Association representative does not report for duty or account to the City for his or her sick leave or vacation time, that vacation and sick leave accruals shall be treated as follows: A. The Association representative shall accrue eight (8) hours of sick leave each month until the accrued sick leave total reaches a maximum of 1600 hours. B. Vacation shall be accrued consistent with existing POA MOU provisions. The Association representative may not carry over from one (1) calendar year to the next more than the equivalent of one (1) longevity vacation period and the equivalent of one (1) regular vacation period from the previous two (2) years. Regular vacation in excess of that accrued during the previous two (2) year period will be forfeited. C. The Association representative may not donate his/her accrued vacation or holiday time. 56 ARTICLE XV 15.0 SAFETY 15.1 The City and the employees of the City agree to comply with all applicable federal, state and local laws, and City of Santa Ana regulations, which relate to health and safety. 57 ARTICLE XVI 16.0 RESIDENCY 16.1 To the extent possible, the City shall perform any and all acts necessary to remove limitations upon where employees reside who are covered by this Agreement. At the discretion of the Police Chief, selected special duty assignments may be designated as rapid response assignments. In those instances, the Police Chief may apply specific residency requirements upon members assigned to those positions. 58 ARTICLE XVII 17.0 DISCIPLINE 17.1 Any permanent employee covered by this Agreement may only be disciplined in accordance with the standards and procedures and subject to all rights of appeal set forth in Santa Ana Municipal Code Sections 9-9, 9-10, 9-118.1, et seq. Any probationary employee covered by this Agreement may be disciplined in accordance with the standards and procedures set forth in Santa Ana Municipal Code Sections 9-90, 9-91, 9-118, and subject to review in accordance with the grievance review procedure contained in this Agreement. 17.2 In addition, a new section shall be added to the Municipal Code to provide as follows: A. In the event an employee is ordered to absent himself from the j ob based on probable cause and it is subsequently determined by the Police Chief, the City Manager, Personnel Board or a court of competent jurisdiction, that cause did not exist for the ordered absence, the employee shall have restored to him any paid leaves of absence against which such absence may have been charged, and he shall be granted a retroactive leave of absence with pay for the time during which he was prohibited from performing the duties of his position, less any compensation paid to him by the City during such ordered absence unless such employee waives his/her rights to retroactive pay. B. In the event an employee is reduced, suspended and/or discharged, and upon appeal the City Manager, Personnel Board or a court of competent jurisdiction does not sustain such reduction, suspension, and/or discharge, the employee shall be entitled to his base rate or salary including all additives, vacation, and sick leave as if such unsustained reduction, suspension, or discharge had not been invoked. However, in no event shall an employee be entitled to any salary or credit for vacation and sick leave for any period of time covered by a suspension sustained on appeal or for any period of time waived by the employee as a condition to the granting of a continuance of any hearing on appeal. C. If, during an absence for which an employee is paid pursuant to this Section, he earned any money which he would not have earned had he continued to perform the duties of his position, such sum shall be deducted from the salary otherwise payable to him pursuant to this Section. 59 ARTICLE XVIII 18.0 GRIEVANCE REVIEW PROCEDURE 18.1 Definition of Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Association concerning the interpretation or application of specific provisions of this Agreement, or of the rules and regulations governing personnel practices or working conditions of the City; except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by provision of the City Charter and the Civil Service Rules and Regulations. No employee shall suffer any reprisal because of filing or processing of a grievance or participating in the Grievance Review Procedure. 18.2 Informal Process. A. An employee must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of 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. If the employee's grievance is directed against the actions of his or her immediate supervisor, the employee may initiate his or her grievance with his or her Division Commander. In such cases, the employee shall file his or her grievance directly with the Division Commander within ten (10) calendar days of the event. Response time lines will continue as designated for Division Commander and above. If the grievance is directed toward the Division Commander, the employee may file directly with the Bureau Commander. B. The Supervisor will respond to the grievance within seven (7) calendar days of receiving the grievance. C. If the grievance is not resolved at the immediate supervisor level, the employee, within ten (10) calendar days of the supervisor's response, will attempt to resolve the grievance on an informal basis through discussion with his or her Division Commander. The Division Commander will respond to the grievance within seven (7) calendar days of receiving the employee grievance. D. Every effort shall be made to find an acceptable solution to the grievance through this informal process. E. If the grievance is not resolved 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 Bureau Commander. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within ten (10) calendar days after receiving the response 60 from his or her Bureau Commander, the grievance shall be barred and waived. 18.3 Formal Process. A. If the grievance is not resolved through the informal process, and a written grievance is filed within the time limits set forth above, the grievant's immediate supervisor and Division Commander will add their comments and any justification they consider proper, sign it, and forward it to their Bureau Commander without undue delay, or in no case, more than seven (7) calendar days after receiving the formal grievance. A copy shall be provided to the employee. B. The Bureau Commander, after study of the case, shall attach his or her decision and reasons therefore, and return them to the employee within seven (7) calendar days after receipt of the written grievance. C. If no satisfactory settlement has been reached at the division level, the employee may, within seven (7) calendar days after receipt of the Bureau Commander's decision may, in writing, request a meeting with the Police Chief to pursue the employee's grievance. 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 Bureau Commander's response. D. If the grievant files a written grievance to the Police Chief in the matter and within the time limits specified in "C" above, then a conference shall be held at the request of the employee or the Police Chief. E. The Police Chief shall inform the employee of his action within fourteen (14) calendar days of the filing of the written grievance with the Police Chief or the date the conference is held between the employee and the Police Chief. F. If no satisfactory settlement has been reached at the departmental level, the employee may, within seven (7) calendar days after being informed by the Police Chief of his decision on the matter, and the reasons thereof, submit the grievance in writing to the City Manager, or his duly authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Police Chief's response. The City Manager, or his representative, after careful review, shall render a final decision on the merits of the grievance, in writing, and return it to the grievant within twenty-one (21) calendar days after receiving the grievance. A copy of the written grievance to the City Manager, and of the City Manager's decision, shall be filed in the Personnel Records of the department and the grievant's personnel jacket maintained in the Personnel Services Department. G. After the procedure set forth in this Article has been exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. 61 ARTICLE XIX 19.0 DUES DEDUCTION AND INDEMNIFICATION 19.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Association within thirty (30) days following their deduction. 19.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal or such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article. 62 ARTICLE XX 20.0 CITY RIGHTS 20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or non-existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar non-disciplinary reason, subject to the provisions of the City Charter, Municipal Code, federal and state law and this Agreement. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. 63 N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this Agreement. O. To determine policies, procedures, and standards for selection, training, and promotion of employees. P. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and all necessary action to carry out the mission of the City in emergencies. 20.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives ofthe Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in the Agreement. The City and Association agree that upon the expiration of this contract and during the good faith negotiations for a subsequent contract, salary and benefits shall continue at the then current rate. 64 ARTICLE XXI 21.0 STRIKES AND WORK STOPPAGES 21.1 Prohibited Conduct. A. The Association, its officers, agents, representatives, and/or members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out or any other unlawful job action by withholding or refusing to perform services. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority. C. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 21.2, Association Responsibility, the City may suspend any and all rights and privileges, accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and dues deduction. 21.2 Association Responsibility. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 21.1 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 Agreement and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 21.1 A, and return to work. 65 ARTICLE XXII 22.0 LAYOFFS 22.1 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. 22.2 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. 22.3 Any permanent, full-time employee laid off under the above provisions may request a demotion to a position in a lower class provided he/she meets reasonably related qualifications required for placement in the class and the position is vacant. 22.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which he or she 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 his or her 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. 22.5 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. 22.6 Notice of Service. On request, a laid off employee shall receive a statement certifying that his/her services have been satisfactory. Layoff shall not be used in lieu of a disciplinary dismissal. 22.7 The City agrees that there shall be no layoffs of members of this bargaining unit during the fiscal years 2009-2010 and 2010-2011. 22.8 The City agrees that there will be no layoffs of members of this bargaining unit during fiscal year 2011-2012 except upon the occurrence of a five percent (5%) or greater decline in the 2010-2011 general fund revenues of the City. For purposes of this provision, general fund revenues of the City will not include one-time revenues to the City or transfers between other existing City funds and the general fund. 22.9 During Fiscal Year 2012-13, the City will not layoff any employees in the unit without first meeting and conferring with the Association on the decision, not just the impact of the decision. 66 ARTICLE XXIII 23.0 SOLE AND ENTIRE AGREEMENT 23.1 It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement is not intended to conflict with federal or state law or the City Charter. 23.2 The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly-adopted ordinances and resolutions, and the affected employees will continue to be governed thereby during the term of this Agreement. 67 ARTICLE XXIV 24.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 24.1 During the term of this Agreement, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by the Agreement or in the negotiations leading thereto, unless required by specific provisions of this Agreement, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Agreement. 68 ARTICLE XXV 25.0 SEPARABILITY PROVISION 25.1 Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 69 ARTICLE XXVI 26.0 TERM OF AGREEMENT 26.1 The term of this Agreement shall be from July 1, 2008 through June 30, 2013. 70 ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Association and entered into this 19TH day of November, 2012. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: ` flu"1 ~ ~' ~I~ Dated: _._ (~ - (~~ Dated:. I ~ ' ~ 7 ~- I ~ ATTEST: i' ~ ~, CLERK`OF THE COUNCIL) APPROVED AS TO FORM: `~ "`~ ~. CI TORNEY r~ a ~ .1 EXECUTIVE DIRECT R - PERSONNEL SERVICES 71 f CITY MANAGER This Agreement has been ratified by the membership of the Santa Ana Police Officers Association. SANTA ANA POLICE OFFICERS ASSOCIATION Dated: ~~ ~ . ~ ~d , ,2p -Z By: DENT 72 EXHIBIT A BASIC SALARY AND WAGE SCHEDULE 0 1 2 3 4 5 6 7 8 9 41 1542 1549 1557 ]565 1573 1580 1588 1596 1604 161.2 42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693 43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778 44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 ]960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 471.8 64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 73 70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638 71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319 73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069 75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473 76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897 77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342 78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819 79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309 80 10350 ]0401 10453 10506 10558 10611 10664 10717 10771 10825 81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366 82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934 83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532 84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158 85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816 86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507 87 14565 ]4636 14709 14783 14858 14931 15007 15080 15157 15232 88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994 74 ASSIGNMENT OF CLASSES TO SALARY RATE RANGES EXHIBIT B 7/1/2012 RANGE JOB TITLE N0. Min Max POLICE OFFICER 688 5992 7283 POLICE SERGEANT 731 7391 8985 ANIMAL SERVICE OFFICER I ANIMAL SERVICE OFFICER II 626 4426 5382 656 5126 6230 BACKGROUND INVESTIGATOR 641 4764 5790 COMMUNICATIONS SERVICES OFFICER 621 4317 5252 CORRECTIONAL OFFICER 641 4764 5790 CORRECTIONAL SUPERVISOR 690 6050 7355 CRIME RESEARCH AIDE 652 5026 6110 CRIME RESEARCH ANALYST 678 5706 6937 DARE OFFICER 621 4317 5252 FIREARMS EXAMINER 697 6260 7609 FORENSIC SERVICES SUPERVISOR 728 7283 8853 FORENSIC SPECIALIST I 652 5026 6110 FORENSIC SPECIALIST II 671 5515 6702 PARKING CONTROL OFFICER 591 3728 4533 POLICE ATHLETIC/ACTIVITIES LEAGUE ASSISTANT DIR 620 4296 5226 POLICE COMMUNICATIONS SUPERVISOR 686 5934 7211 POLICE COMMUNITY SERVICES SPECIALIST 641 4764 5790 POLICE EVIDENCE AND SUPPLY SPECIALIST 624 4382 5330 POLICE EVIDENCE AND SUPPLY SUPERVISOR 644 4834 5876 POLICE INVESTIGATIVE SPECIALIST 641 4764 5790 POLICE PHOTO/VIDEO SPECIALIST 621 4317 5252 POLICE PROPERTY AND EVIDENCE SPECIALIST 624 4382 5330 POLICE PROPERTY AND EVIDENCE SUPERVISOR 644 4834 5876 POLICE RECRUIT 650 4978 6050 POLICE SERVICE ASSISTANT 605 3994 4858 POLICE SERVICE OFFICER 621 4317 5252 POLICE SERVICES DISPATCHER 646 4882 5934 RANGEMASTER 621 4317 5252 SENIOR PARKING CONTROL OFFICER 611 4111 5002 TRAFFIC SERVICES SPECIALIST 641 4764 5790 75 ~ coav MARKEL INSURANCE COMPANY A STOCK COMPANY TEN PARKWAY NORTH DEERFIELD, IL 60015 ~w~,~a.. ~ 800-431-1270 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE NCCI No. 22616 New No. State Unemployment LD. No. or Identifying Number as Required: 1. Insured: Santa Ana Police Officers Association (a nonprofit organization) dba Mailing 1607 N SYCAMORE ST Policy No. MWC0017162-01 Renewal of Policy Number New Address SANTA ANA, CA 92701-2352 Individual ~ Partnership ~ Corporation FEIN: 952748200 Producer: Invensure Insurance Brokers, Inc Mailing 17912 Mitchell S. Address Irvine, CA 92614 or ~ Nonprofit Other workplace not shown above: See Attached Location Schedule 2. Policy Period: The policy is from 12/01/2011 to 12/01/2012 [12.01 AM Standard Time) at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of this policy applies to the Workers Compensation Law of the states listed here: CALIFORNIA B. Employers liability Insurance: Part Two of this policy applies to work in each state listed in Item 3A .The limits ofd ~ liability under Part Two are: ~~'~" r, Bodily Injury by Accident: $ 1,000,000 each accident ~~d~E ~ '' #`~~-, fs -~- Bodil In' b Disease: $ 1 000 000 ~ ~~ ~~ Y Jam' Y policy limit Bodily Injury by Disease: $ 1,000,000 each employee ~ ' 3oyepb St~A o~D~y C. Other States Insurance: Part Three of this policy applies to the states, if any, listed here: - ~ Ag9t9tapt C~t`J ,/ . NO COVERAGE AFFORDED FOR OTHER STATES. D. This Policy includes these endorsements and schedules: MDWC1000, WC040002, WC040003, WC040004, WC040005, MWC12000510, WCOOOOOOB, W0000419, W0000422A, WC040301A, WC040360A, WC040601A, MWC14030510, MWC14040510, PN049901D, PN049902B, PN049904, MPWC10000510, MJWC1000, MPIL 1007 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Code Premium Basis Total Rate Per Classification No Estimated Annual $100 of Estimated Annual Premium Remuneration Remuneration See WC 04 00 OS Extension of Information Page MINIMUM PREMIUM $165.00 TOTAL ESTIMATED ANNiJAL PREMIUM $2,321.00 TAXES & ASSESSMENTS $128.00 IF INDICATED BELOW, INTERIM ADJUSTMENTS OF PREMUIM SHALL BE MADE: Semi-Annually X Quarterly Monthly $1,158.00 Deposit Premium $Per Installment Endr Issuing Office: Omaha, Nebraska Countersigned by: DWC 1000 (OS/10) II IIIZI II ll iI~III III,IIII I,II III II IIII 1 of28 1111 II Il IIII III II III 111 l IIIIIIIIIi I ll Mwcooi ~~ ez-oi WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 00 02 (Ed. 7-98) EXTENSION OF INFORMATION PAGE Schedule of Name Insured ITEM 1 Policy No. MWC0017162-01 Name Insured FEIN Santa Ana Police Officers Association (a nonprofit organization) 952748200 ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual ©2001. 2 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 00 03 (Ed 7-98) EXTENSION OF INFORMATION PAGE Schedule of Locations ITEM 1 Policy No. MW00017162-01 Location FEIN SIC ENTITY PHONE CODE TypE 1 1607 N Sycamore St Santa Ana, CA 92701-2352 952748200 714-836-1211 7389 Nonprofit ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual ©2001.3 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 00 04 (Ed. 7-98) EXTENSION OF INFORMATION PAGE Schedule of Forms ITEM 3D Form Number Policy No. MW00017162-01 A~_Ahcable States MDWC1000, WC040002, WC040003, WC040004, WC040005, MWC12000510, WCOOOOOOB, WC000419, W0000422A, WC040301A, WC040360A, WC040601A, CALIFORNIA MWC14030510, MWC14040510, PN049901D, PN049902B, PN049904, MPWC10000510, MJWC1000, MPIL 1007 ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual ©2001.4 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 00 OS (Ed. 7-98) EXTENSION OF INFORMATION PAGE Classifications ITEM 4 Policy No. MW00017162-01 Premium Basis Total Rate Per Estimated Code Classification Estimated Annual $100 of Annual Remuneration Remuneration Premium 8742 Salespersons- Outside (CA only) $129,000.00 0.940 $1213.00 8810 Clerical Office Employees Noc (CA only) $115,000.00 0.790 $909.00 Manual Premium Subject Premium $2,122.00 $2,122.00 Total Subject Premium Modified Premium $2,122.00 9887 Schedule Rating $2,122.00 -0.070 ($149.00) Standard Premium 0900 Expense Constant $1,973.00 9740 Terrorism $250.00 Estimated Annual Premium 0.040 $98.00 WC Admin Revolving $2,321.00 Assessment 1.472 $34.00 Fraud Surcharge 0.434 $10.00 UEBTFA 0.410 $10.00 Subsequent Injury Fund 0.177 $4.00 CA SURCHARGE 2.559 $59.00 Occupation Safety and Health Fund Surcharge 0.246 $6.00 Labor Enforcement and Compliance Fund Surcharge 0.231 $5.00 Total Amount Due $2,449.00 If you elect a payment plan, then you will be subject to installment fees for each payment ranging from $3-$10 depending on the state. If you elect electronic funds transfer, these fees will not apply. © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual ©2001. 5of28 MARKEL INSURANCE COMPANY Installment Endorsement It is hereby agreed and understood that the premium is to be paid on an installment basis as follows: Premium: $2,321.00 Fees: $ 128.00 Deposit: $1,158.00 Installments Taxes & ~ h 1• 12/01/2011 $979.00 re arees included 2• 02/01/2012 $490.00 included 3• 04/01/2012 $490.00 included 4• 06/01/2012 $490.00 included If you elect a payment plan, then you will be subject to installment fees for each payment ranging from $3-$10 depending on the state. If you elect electronic funds transfer, these fees will not apply. This endorsement is effective: l2/01/2011 forms a part of Policy: MW00017162-01 Dated: 10/31/2011 Issued to: Santa Ana Police Officers Association (a nonp By: Markel Insurance Company All other terms and conditions of this policy remain unchanged. MWC 1200 05 10 6 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 00 6 (Ed. 7-11) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY In return for the payment of the premium and subject to all terms of this policy, we agree with you as follows: GENERAL SECTION A. The Policy This policy includes at its effective date the Information Page and all endorsements and schedules listed there. It is a contract of insurance between you (the employer named in Item 1 of the Information Page) and us (the insurer named on the Information Page). The only agreements relating to this insurance are stated in this policy. The terms of this policy may not be changed or waived except by endorsement issued by us to be part of this policy. B. Who is Insured You are insured if you are an employer named in Item 1 of the Information Page. if that employer is a partnership, and if you are one of its partners, you are insured, but only in your capacity as an em-ployer of the partnership's employees. C. Workers Compensation Law Workers Compensation Law means the workers or workmen's compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page. It includes any amendments to that law which are in effect during the policy period. It does not include any federal workers or workmen's compensation law, any federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. D. State State means any state of the United States of America, and the District of Columbia. E. Locations This policy covers all of your workplaces listed in Items 1 or 4 of the Information Page; and it covers all other workplaces in Item 3.A. states unless you have other insurance or are self-insured for such workplaces. PART ONE WORKERS COMPENSATION INSURANCE A. How This Insurance Applies This worker; compensation insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1 Bodily injury by accident must occur during the policy period. 2. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay promptly when due the benefits required of you by the workers compensation law. C. We Will Defend We have the right and duty to defend at our expense any claim, proceeding or suit against you for benefits payable by this insurance. We have the right to investigate and settle these claims, proceedings or suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance. D. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding or suit we defend: 1. reasonable expenses incurred at our request, but not loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the amount payable under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this insurance; and 5. expenses we incur. E. Other Insurance We will not pay more than our share of benefits and costs covered by this insurance and other Ed. 7-11 O Copyright 2010 Netimal Coundl on Canpensafion Insurance, Inc. All Rights Reservetl. 7 Of 28 WC 00 00 00 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 7-11) insurance or self-insurance. Subject to any limits of liability that may apply, all shares will be equal until the loss is paid. If any insurance or self-insurance is exhausted, the shares of all remaining insurance will be equal until the loss is paid. Payments You Must Make You are responsible for any payments in excess of the benefits regularly provided by the workers compensation law including those required because: 1. of your serious and willful misconduct; 2. you knowingly employ an employee in violation of law; 3. you fail to comply with a health or safety law or regulation; or 4. you discharge, coerce or otherwise discriminate against any employee in violation of the workers compensation law. If we make any payments in excess of the benefits regularly provided by the workers compensation law on your behalf, you will reimburse us promptly. G. Recovery From Others We have your rights, and the rights of persons entitled to the benefits of this insurance, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. H. Statutory Provisions These statements apply where they are required by law. 1. As between an injured worker and us, we have notice of the injury when you have notice. 2. Your default or the bankruptcy or insolvency of you or your estate will not relieve us of our duties under this insurance after an injury occurs. 3. We are directly and primarily liable to any person entitled to the benefits payable by this insurance. Those persons may enforce our duties; so may an agency authorized by law. Enforcement may be against us or against you and us. 4. Jurisdiction over you is jurisdiction over us for purposes of the workers compensation law. We are bound by decisions against you under that law, subject to the provisions of this policy that are not in conflict with that law. 5. This insurance conforms to the parts of the workers compensation law that apply to: a. benefits payable by this insurance; b. special taxes, payments into security or other special funds, and assessments payable by us under that law. 6. Terms of this insurance that conflict with the workers compensation law are changed by this statement to conform to that law. Nothing in these paragraphs relieves you of your duties under this policy. PART TWO EMPLOYERS LIABILITY POLICY A. How This Insurance Applies This employers liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must arise out of and in the course of the injured employee's employment by you. 2. The employment must be necessary or incidental to your work in a state or territory listed in Item 3.A. of the Information Page. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. 5. If you are sued, the original suit and any related legal actions for damages for bodily injury by accident or by disease must be brought in the United States of America, its territories or possessions, or Canada. B. We Will Pay We will pay all sums that you legally must pay as damages because of bodily injury to your employees, provided the bodily injury is covered by this Employers Liability Insurance. The damages we will pay, where recovery is permitted by law, include damages: 1. For which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed Ed. 7-11 ©Copyright 201D National Coundl on Compensation Insurance, Inc. All Righls Reserved. $ pf 2$ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 00 B (Ed. 7-11) against such third party as a result of injury to your employee; 2. For care and loss of services; and 3. For consequential bodily injury to a spouse, child, parent, brother or sister of the injured employee; provided that these damages are the direct consequence of bodily injury that arises out of and in the course of the injured employee's employment by you; and 4. Because of bodily injury to your employee that arises out of and in the course of employment, claimed against you in a capacity other than as employer. C. Exclusions This insurance does not cover: 1 Liability assumed under a contract. This exclu-sion does not apply to a warranty that your work will be done in a workmanlike manner; 2. Punitive or exemplary damages because of bodily injury to an employee employed in violation of law; 3. Bodily injury to an employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your executive officers; 4. Any obligation imposed by a workers compensation, occupational disease, unemployment compensation, or disability benefits law, or any similar law; 5. Bodily injury intentionally caused or aggravated by you 6. Bodily injury occurring outside the United States of America, its ten'itories or possessions, and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; 7. Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, or any personnel practices, policies, acts or omissions; Act (30 USC Sections 801-945), any other federal workers or workmen's compensation law or other federal occupational disease law, or any amendments to these laws; 9. Bodily injury to any person in work subject to the Federal Employers' Liability Act (45 USC Sections 51-60), any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any amendments to those laws; 10. Bodily injury to a master or member of the crew of any vessel; 11. Fines or penalties imposed for violation of federal or state law; and 12. Damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801-1872) and under any other federal law awarding damages for violation of those laws or regulations issued thereunder, and any amendments to those laws. D. We Will Defend We have the right and duty to defend, at our expense, any claim, proceeding or suit against you for damages payable by this insurance. We have the right to investigate and settle these claims, proceedings and suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance. We have no duty to defend or continue defending after we have paid our applicable limit of liability under this insurance. E. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. Reasonable expenses incun'ed at our request, but not loss of earnings; 2. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. Litigation costs taxed against you; 4. Interest on a judgment as required by law until we offer the amount due under this insurance; and 8. Bodily injury to any person in work subject to 5. Expenses we incur. the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950), the Non-appropriated Fund Instrumentalities Act (5 USC Sections 8171-8173), the Outer Continental Shelf Lands Act (43 USC Sections 1331-1356a), the Defense Base Act (42 USC Sections 1651-1654), the Federal Coal Mine Safety and Health Ed. 7-11 O Copyright 2010 Nalimal Coundl on Compensation Insurance, Inc. All Righls Reserved, 9 OT 28 WC 00 00 00 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 7-11) F. Other Insurance We will not pay more than our share of damages and costs covered by this insurance and other insurance orself-insurance. Subject to any limits of liability that apply, all shares will be equal until the loss is paid. If any insurance orself-insurance is exhausted, the shares of all remaining insurance and self-insurance will be equal until the loss is paid. G. Limits of Liability Our liability to pay for damages is limited. Our limits of liability are shown in Item 3.B. of the Information Page. They apply as explained below. 1 Bodily Injury by Accident. The limit shown for "bodily injury by accident-each accident" is the most we will pay for all damages covered by this insurance because of bodily injury to one or more employees in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. 2. Bodily Injury by Disease. The limit shown for "bodily injury by disease-policy limit" is the most we will pay for all damages covered by this insurance and arising out of bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease. The limit shown for "bodily injury by disease-each employee" is the most we will pay for all damages because of bodily injury by disease to any one employee. Bodily injury by disease does not include disease that results directly from a bodily injury by accident. 3. We will not pay any claims for damages after we have paid the applicable limit of our liability under this insurance. H. Recovery From Others We have your rights to recover our payment from anyone liable for an injury covered by this insurance. You will do everything necessary to protect those rights for us and to help us enforce them. I. Actions Against Us There will be no right of action against us under this insurance unless: 1. You have complied with all the terms of this policy; and 2. The amount you owe has been determined with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a defendant in an action against you to determine your liability. The bankruptcy or insolvency of you or your estate will not relieve us of our obligations under this Part. PART THREE OTHER STATES INSURANCE A. How This Insurance Applies 1. This other states insurance applies only if one or more states are shown in Item 3.C. of the Information Page. 2. If you begin work in any one of those states after the effective date of this policy and are not insured or are not self-insured for such work, all provisions of the policy will apply as though that state were listed in Item 3.A. of the Information Page. 3. We will reimburse you for the benefits required by the workers compensation law of that state if we are not permitted to pay the benefits directly to persons entitled to them. 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within thirty days. B. Notice Tell us at once if you begin work in any state listed in Item 3.C. of the Information Page. PART FOUR YOUR DUTIES IF INJURY OCCURS Tell us at once if injury occurs that may be covered by this policy. Your other duties are listed here. 1. Provide for immediate medical and other services required by the workers compensation law. 2. Give us or our agent the names and addresses of the injured persons and of witnesses, and other information we may need. 3. Promptly give us all notices, demands and legal papers related to the injury, claim, proceeding or suit. Ed. 7-11 ®Copyrighl 2010 National Coundl on Campensafion Insurance, Inc. All Rights Reserved. 1 ~ Of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 00 B (Ed. 7-11) 4. Cooperate with us and assist us, as we may request, in the investigation, settlement or defense of any claim, proceeding or suit. 5 Do nothing after an injury occurs that would interfere with our right to recover from others. Do not voluntarily make payments, assume 6. obligations or incur expenses, except at your own cost. PART FIVE -PREMIUM A. Our Manuals All premium for this policy will be determined by our manuals of rules, rates, rating plans and classifications. We may change our manuals and apply the changes to this policy if authorized by law or a governmental agency regulating this insurance. B. Classifications Item 4 of the Information Page shows the rate and premium basis for certain business or work classifications. These classifications were assigned based on an estimate of the exposures you would have during the policy period. If your actual exposures are not properly described by those classifications, we will assign proper classifications, rates and premium basis by endorsement to this policy. C. Remuneration Premium for each work classification is determined by multiplying a rate times a premium basis. Remuneration is the most common premium basis. This premium basis includes payroll and all other remuneration paid or payable during the policy period for the services of: all your officers and employees engaged in work covered by this policy; and all other persons engaged in work that could make us liable under Part One (Workers Compensation Insurance) of this policy. If you do not have payroll records for these persons, the contract price for their services and materials may be used as the premium basis. This paragraph 2 will not apply if you give us proof that the employers of these persons lawfully secured their workers compensation obligations. D. Premium Payments You will pay all premium when due. You will pay the premium even if part or all of a workers compensation law is not valid. E. Final Premium The premium shown on the Information Page, schedules, and endorsements is an estimate. The final premium will be determined after this policy ends by using the actual, not the estimated, premium basis and the proper classifications and rates that lawfully apply to the business and work covered by this policy. If the final premium is more than the premium you paid to us, you must pay us the balance. If it is less, we will refund the balance to you. The final premium will not be less than the highest minimum premium for the classifications covered by this policy. If this policy is canceled, final premium will be determined in the following way unless our manuals provide otherwise: 1. If we cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the minimum premium. 2. If you cancel, final premium will be more than pro rata; it will be based on the time this policy was in force, and increased by our short-rate cancelation table and procedure. Final premium will not be less than the minimum premium. F. Records You will keep records of information needed to compute premium. You will provide us with copies of those records when we ask for them. G. Audit You will let us examine and audit all your records that relate to this policy. These records include ledgers, journals, registers, vouchers, contracts, tax reports, payroll and disbursement records, and programs for storing and retrieving data. We may conduct the audits during regular business hours during the policy period and within three years after the policy period ends. Information developed by audit will be used to determine final premium. Insurance rate service organizations have the same rights we have under this provision. Ed. 7-11 ®Copydght 2010 Netimel Coundl on Compensation Insurance, Inc. PJI Poghfs Reserved. 11 Of 28 WC 00 00 00 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 7-11) PART SIX-CONDITIONS A. Inspection We have the right, but are not obliged to inspect your workplaces at any time. Our inspections are not safety inspections. They relate only to the insurability of the workplaces and the premiums to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person to provide for the health or safety of your employees or the public. We do not warrant that your workplaces are safe or healthful or that they comply with laws, regulations, codes or standards. Insurance rate service organizations have the same rights we have under this provision. B. Long Term Policy If the policy period is longer than one year and sixteen days, all provisions of this policy will apply as though a new policy were issued on each annual anniversary that this policy is in force. C. Transfer of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within thirty days after your death, we will cover your legal representative as insured. cancelation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy. We must mail or deliver to you not less than ten days advance written notice stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancelation notice. 4. Any of these provisions that conflict with a law that controls the cancelation of the insurance in this policy is changed by this statement to comply with the law. E. Sole Representative The insured first named in Item 1 of the Information Page will act on behalf of all insureds to change this policy, receive return premium, and give or receive notice of cancelation. Ed. 7-11 O Copyright 2010 National Coundl on Compensation Insurance, Inc. A11 Poghts Reserved, ~ 2 Of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 19 (Ed .1-O l ) PREMIUM DUE DATE ENDORSEMENT This endorsement is used to amend: Section D. of Part Five of the policy is replaced by this provision. PART FIVE PREMIUM D. Premium is amended to read: You will pay all premium when due. You will pay the premium even if part or all of a workers compensation law is not valid. The due date for audit and retrospective premiums is the date of the billing. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy,) Endorsement Effective 12/01/2011 Policy No. MW00017162-01 Endorsement No. Insured: Santa Ana Police Offcers Association (a nonp Premium (See Attached) Insurance Company: Markel Insurance Company Countersigned by W0000419 Ed. 1-01 ©2000 National Council on Compensation Insurance, Inc 13 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 22 A (Ed. 9-08) TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT DISCLOSURE ENDORSEMENT This endorsement addresses the requirements of the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2007. It serves to notify you of certain limitations under the Act, and that your insurance carrier is charging premium for losses that may occur in the event of an Act of Terrorism. Your policy provides coverage for workers compensation losses caused by Acts of Terrorism, including workers compensation benefit obligations dictated by state law. Coverage for such losses is still subject to all terms, definitions, exclusions, and conditions in your policy, and any applicable federal and/or state laws, rules, or regulations. Definitions The definitions provided in this endorsement are based on and have the same meaning as the definitions in the Act .If words or phrases not defined in this endorsement are defined in the Act, the definitions in the Act will apply. "Act" means the Terrorism Risk Insurance Act of 2002, which took effect on November 26, 2002, and any amendments thereto resulting from the Terrorism Risk Insurance Program Reauthorization Act of 2007. "Act of Terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States as meeting all of the following requirements: a. The act is an act of terrorism. b. The act is violent or dangerous to human life, property or infragtructure. c. The act resulted in damage within the United States, or outside of the United States in the case of the premises of United States missions or certain air carriers or vessels. d. The act has been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. sured Loss" means any loss resulting from an act of terrorism (and, except for Pennsylvania, including an act of war, ~~ ~ the case of workers compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if the loss occurs in the United States or at the premises of United States missions or to certain air carriers or vessels. "Insurer Deductible" means, for the period beginning on January 1, 2008, and ending on December 31, 2014, an amount equal to 20% of our direct earned premiums, over the calendar year immediately preceding the applicable Program Year. "Program Year" refers to each calendar year between January 1, 2008 and December 31, 2014, as applicable. Limitation of Liability The Act limits our liability to you under this policy. If aggregate Insured Losses exceed $100,000,000,000 in a Program Year and if we have met our Insurer Deductible, we are not liable for the payment of any portion of the amount of Insured Losses that exceeds $100,000,000,000; and for aggregate Insured Losses up to $100,000,000,000, we will pay only a pro rata share of such Insured Losses as determined by the Secretary of the Treasury. Policyholder Disclosure Notice 1. Insured Losses would be partially reimbursed by the United States Government. If the aggregate industry Insured Losses exceed $100,000,000 in a Program Year, the United States Government would pay 85% of our Insured Losses that exceed our Insurer Deductible. 2. Notwithstanding item 1 above, the United States Government will not make any payment under the Act for any portion of Insured Losses that exceed $100,000,000,000. 3. The premium charge for the coverage your policy provides for Insured Losses is included in the amount shown in Item 4 of the Information Page or in the Schedule below. . s-os~ U Copyright 2008 National Council on Compensation Insurance, Inc. All Rights Reserved. 14 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 22 A (Ed. 9-08) Schedule I State ~ Rate ~ Premium CA 0.04 $98.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/01/2011 Policy No. MW00017162-01 Insured Santa Ana Police Officers Association (a nonp . Insurance Company Markel Insurance Company Countersigned by W0000422A .. 9-08) (U Copyright 2008 National Council on Compensation Insurance, Inc. All Rights Reserved. Endorsement No. Premium $(See Attached) 15 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 01 A Ed. 3-98 POLICY AMENDATORY ENDORSEMENT -CALIFORNIA It is agreed that, anything in the policy to the contrary notwithstanding, such insurance as is afforded by this policy by reason of the designation of Califomia in item 3 of the information Page is subject to the following provisions. 1. Minors Illegally Employed -Not Insured. This policy does not cover liability for additional compensation imposed on you under Section 4557, Division IV, Labor Code of the State of Califomia, by reason of injury to an employee under sixteen years of age and illegally employed at the time of the injury. 2. Punitive or Exemplary Damages -Uninsurable. This policy does not cover punitive or exemplary damages where insurance of liability therefore is prohibited by law or contrary to public policy. 3. Increase In Indemnity Payment -Reimbursement. You are obligated to reimburse us for the amount of increase in indemnity payments made pursuant to Subdivision (d) of Section 4650 of the Califomia Labor Code, if the late indemnity payment which gives rise to the increase in the amount of payment is due less than seven (7) days after we receive the completed claim form from you. You are obligated to reimburse us for any increase in indemnity payments not covered under this policy and will reimburse us for any increase in indemnity payment not covered under the policy when the aggregate total amount of the reimbursement payments paid in a policy year exceeds one hundred dollars ($100). If we notify you in writing, within 30 days of the payment, that you are obligated to reimburse us, we will bill you for the amount of increase in indemnity payment and collect it no 4. Application of Policy. Part One, "Workers Compensation Insurance", A, "How This Insurance Applies", is amended to read as follows: This workers compensation insurance applies to bodily injury by accident or disease, including death resulting therefrom. Bodily injury by accident must occur during the policy period. Bodily injury by disease must be caused or aggravated by the conditions of your employment. Your employee's exposure to those conditions causing or aggravating such bodily injury by disease must occur during the policy period. 5. Rate Changes. The premium and rates with respect to the insurance provided by this policy by reason of the designation of California in Item 3 of the inforrnation Page are subject to change if ordered by the Insurance Commissioner of the State of California pursuant to Section 11737 of the Califomia Insurance Code. 6. Long Term Policy. If this policy is written for a period longer than one year, all the provisions of this policy shall apply separately to each consecutive twelve-month period or, if the first or last consecutive period is less than twelve months, to such period of less than twelve months, in the same manner as if a separate policy had been written for each consecutive period. 7. Statutory Provision. Your employee has a first lien upon any amount which becomes owing to you by us on account of this policy, and in the case of your legal incapacity to receive the money and pay it to the claimant, we will pay it directly to the claimant. It is further agreed that this policy, including all endorsements forming a part thereof, constitutes the entire contract of insurance. No condition, provision, agreement, or understanding not set forth in this policy or such endorsements shall affect such contract or any rights, duties, or privileges arising therefrom. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 12/01/2011 Policy Endorsement Effective No MW00017162-01 No. Insured Santa Ana Police Officers Association anon Insurance ~ P Company Markel Insurance Company Countersigned By: ©1998 by the Workers' Compensation Insurance Rating Bureau of Califomia. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual ©2001 16 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040360A (Ed . 11-99) EMPLOYERS' LIABILITY COVERAGE AMENDATORY ENDORSEMENT -CALIFORNIA The insurance afforded by Part Two (Employers' Liability Insurance) by reason of designation of California in item 3 of the information page is subject to the following provisions: A. "How This Insurance Applies," is amended to read as follows: A. How This Insurance Applies This employers' liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury means a physical injury, including resulting death. 1. The bodily injury must arise out of and in the course of the injured employee's employment by you. 2. The employment must be necessary or incidental to your work in California. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. 5. If you are sued, the original suit and any related legal actions for damages for bodily injury by accident or by disease must be brought in the United States of America, its territories or possessions, or Canada. C. The "Exclusions" section is modified as follows (all other exclusions in the "Exclusions" section remains as is): 1. Exclusion 1 is amended to read as follows: 1. Liability assumed under a contract. 2. Exclusion 2 is deleted. 3. Exclusion 7 is amended to read as follows: 7. Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employment, or any personnel practices, policies acts or omissions. 4. The following exclusions are added. 1. bodily injury to any member of the flying crew of any aircraft. 2. bodily injury to an employee when you are deprived of statutory or common law defenses or are subject to penalty because of your failure to secure your obligations under the workers' compensation law(s) applicable to you or otherwise fail to comply with that law. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/01!2011 Policy No. MW00017162-01 Endorsement No. Insured: Santa Ana Police Officers Association (a nonp Premium (See Attached) Insurance Company: Markel Insurance Company Countersigned by WC040360A © 1999 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCRIB's California Workers' Compensation Insurance Forms Manual m 2001 17 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 Ol A Effective December 1, 1993 CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation: 1. You may cancel this policy. You must mail or deliver advance notice to us stating when the cancellation is to take effect. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with federal or state safety orders; h. Failure to comply with written recommendation of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operations that requires additional or different classification for premium calculation; 1. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Item (g) through (1), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reinsuance of a policy effective upon a material change in ownership or operations, notice will not be provided. The policy period will end on the day and hour stated in the cancellation notice. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/01/2011 Policy No. MW00017162-01 Endorsement No Insured: Santa Ana Police Officers Association (a nonp Premium (See Attached) Insurance Company: Markel Insurance Company Countersigned by WC040601 A © 1998 by the Workers' Compensation Insurance Rating Bureau of Cal'rfomia. All rights reserved. From the WCRIB's Cal'rfomia Workers' Compensation Insurance Forms Manual ©2001 18 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY MWC 1403 0510 CALIFORNIA -AMENDATORY ENDORSEMENT This endorsement only applies to the California coverage provided by the policy because California is shown in Item 3.A. of the information page. For California coverage part 6, the cancellation condition of the policy is amended to include: If you cancel final premium will be more than pro-rata; it will be based on time this policy was in force, and increased by our short rate cancellation table shown below. Final premium will not be less than the minimum premium. SHORT RATE CANCELLATION TABLE FOR A TERM OF ONE YEAR PoDcys Percent of Days Percent Days Percent In Fore One Year Premium Policy In Force of One Year Poticy In Force °f One Year 1 Premium Premium ................. . 5% 95-98 .................. .. 37% 219-223 .................. 0 .. 69 /o ................... -4 . 6 99-102 .................. .. 38 224-228 .................. .. 70 •~•••~••~~ ~ ~• • 7 103-105 .................. . 39 229-232 .... 71 -g ~••••••~~• ~••~~••• 8 106-109 ................... . 40 .............. 233-237 . 72 -8 ~••~~• •••~•~•~~•• 9-10 • 9 110-113 ................... . 41 .................. 238-241 .................. .. .. 73 ••~~••~•••••••..... 11-12 . 10 114-116 ................... . 42 242-246 (8 mos.)..... . 74 .................... 13-14 11 117-120 ................... . 43 247-250 .................. .. 75 •••~•••~••~~........ 12 121-124 (4 mos.)...... 44 251-255 ... 76 15-16 ••~•••~••~~......... 13 125-127 ................... . 45 ............... 256-260 .. 77 17-18 ~••~~••~••.......... 14 128-131 ................... . 46 .................. 261-264 .. 78 19-20 ~~•~~••~•••~........ 21-22 15 132-135 .................... 47 ................... 265-269 ................... . . 79 •••~~~••~••~........ 23-25 16 136-138 .................... 48 270-273 (9 mos.)...... 80 .................... 26-29 17 139-142 ................... 49 274-278 .................. . 81 ••~•••~•••~~•~~..... 30-32 (1 mo ) 18 19 143-146 .................... 50 279-282 .................. . 82 . ........ 33-36 147-149 .................... 51 283-287 ................... . 83 ••••~••~~••......... 20 150-153 (5 mos.)...... 52 288-291 84 37-40 •••••••••••••....... 21 154-156 .................... 53 ................... 292-296 . . 85 41-43 .................... 22 157-160 .................... 54 ................... 297-301 6 447 •~••~•••~••••••••••• 48-51 23 161-164 .................... 55 .................... 302-305 (10 mos.).... 87 .................... 52-54 24 165-167 .................... 56 306-310 .................... 88 •~~~ • ~• ~~........ 55-58 25 168-171 .................... 57 311-314 .................... 89 .................... 59-62 (2 mos ) 26 27 172-175 .................... 58 315-319 ~~••~~•••~~••~••~• • 90 . ...... 63-65 176-178 .................... 59 350-323 .................... 91 ~~ •~~••~....... 66-69 28 179-182 (6 mos.)...... 60 324-328 ................... 92 ~••~~••~•••~••~~.... 70-73 29 183-187 .................... 61 329-332 .................... 93 •~~• •••~~.•....... 74-76 30 188-191 .................... 62 333-337 (11 mos.).... 94 .................... 77-80 31 192-196 .................... 63 338-342 .................... 95 .................... 81-83 32 197-200 .................... 64 343-346 .................... 96 ~••~~•~~••••••...... -87 33 201-205 .................... 65 347-351 .................... 97 .................... 88-91 ) (3 mos 34 35 206-209 ................... 66 352-355 .................... 98 ....... 210-214 (7 mos.)...... 67 356-360 . 99 92-94 .................... 36 215-218 .................... 68 ................... 361-365 (12 mos.)..... 100 This endorsement changes the policy to which it is attached and is effective on the date is d l (The information below is required onl y when this endorsement is issued sue un ess otherwise stated. sub sequent to prepar ation of the policy.) Endorsement Effective 12/01/2011 Policy No. MW00017162-01 Insured Santa Ana Police Officers Association (a Insurance Company Markel Insurance Company Endorsement No. nonp 19 of 28 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY MWC 1404 05 ~ n OPTIONAL PREMIUM INCREASE ENDORSEMENT -CALIFORNIA You are required to allow us, or an authorized representative of our company, access to your records when conducting an audit. If you fail to allow us to audit your records within 90 days after expiration of the policy, we may charge a total premium up to 3 times our current estimate of the annual premium for your policy. Additionally, if you fail to allow access after our third request within a 90 day or longer period, you are also liable for our costs in attempting to perform the audit unless you provide a compelling business reason for your failure. We will notify you when the premium will be increased and how much the premium will be by sending certified, return-receipt notification to you. Payment will be due within 30 days of receipt of the notification. If we are allowed access to audit your records within three years after the policy expiration date, or another agreed upon time, we will amend the total premium in accordance with the audit results. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/01 /2011 Policy No. MW00017162-01 Endorsement No. Insured Santa Ana Police Officers Association (a nonp Insurance Company Markel Insurance Company Countersigned by ©2008 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 20 of 28 _ PN049901 D (Ed 01-11) YOUR RIGHT TO RATING AND DIV DEIND INFORMATION INFORMATION AVAILABLE TO YOU A. Information Available from Us - Markel Insurance Company (1) General questions regarding your policy should be directed to Customer Service Department 1-888-500-3344 (2) DIVIDEND CALCULATION . If this is a participating policy (a policy on which a dividend may be paid), upon payment or non-payment of a dividend, we shall provide a written explanation to you that sets forth the basis of the dividend calculation. The explanation will be in clear, understandable language and will express the dividend as a dollar amount and as a percentage of the earned premium for the policy year on which the dividend is calculated. (3) CLAIMS INFORMATION. Pursuant to Sections 3761 and 3762 of the California Labor Code, you are entitled to receive information in our claim files that affects your premium. Copies of documents will be supplied at your expense during reasonable business hours. For claims covered under this policy, we will estimate the ultimate cost of unsettled claims for statistical purposes eighteen months after the policy becomes effective and will report those estimates to the Workers' Compensation Insurance Rating Bureau of California (WCIRB) no later than twenty months after the policy becomes effective. The cost of any settled claims will also be reported at that time. At twelve-month intervals thereafter, we will update and report to the WCIRB the estimated cost of any unsettled claims and the actual final cost of any claims settled in the interim. The amounts we report will be used by the WCIRB to compute your experience modification if you are eligible for experience rating B. Information Available from the Workers' Compensation Insurance Rating Bureau of California (1) The WCIRB is a licensed rating organization and the California Insurance Commissioner's designated statistical agent. As such, the WCIRB is responsible for administering the California Workers' Compensation Uniform Statistical Reporting Plan-1995 (USRP) and the California Workers' Compensation Experience Rating Plan-1995 (ERP). Contact information for the WCIRB is: WCIRB, 525 Market Street, Suite 800, San Francisco, California 94105-2767, Attention: Customer Service. You may also contact WCIRB Customer Service at 1-888-229-2472, by fax at 415-778-7272, or via the Internet at the WCIRB's website: http://www.wcirbonline.org. The regulations contained in the USRP and the ERP are available for public viewing through the WCIRB's website. (2) POLICYHOLDER INFORMATION. Pursuant to California Insurance Code (CIC) Section 11752.6, upon written request, you are entitled to information relating to loss experience, claims, classification assignments, and policy contracts as well as rating plans, rating systems, manual rules, or other information impacting your premium that is maintained in the records of the WCIRB. Complaints and Requests for Action requesting policyholder information should be forwarded to: WCIRB, 525 Market Street, Suite 800, San Francisco, California 94105-2767, Attention: Custodian of Records. The Custodian of Records can be reached by telephone at 415-777-0777 and by fax at 415-778-7272. (3) Experience Rating Form. Each experience rated risk may receive a single copy of its current Experience Rating Forrn free of charge by completing a Policyholder Rate Sheet Request Form on the WCIRB's website at https://wcirbonline.org/ratesheet. The Experience Rating Form will include aLoss-Free Rating, which is the experience modification that would have been calculated if $0 (zero) actual losses were incurred during the experience period. This hypothetical rating calculation is provided for informational purposes only. DISPUTE PROCESS You may dispute our actions or the actions of the WCIRB pursuant to CIC Sections 11737 and 11753.1. A. Our Dispute Resolution Process. If you are aggrieved by our decision adopting a change in a classification assignment that results in increased premium,or by the application of our rating system to your workers' compensation insurance, you may dispute these matters with us. If you are dissatisfied with the outcome of the initial dispute with us, you may send us a written Complaint and Request for Action as outlined below.] You may send us a written Complaint and Request for Action requesting that we reconsider a change in a classification assignment that results in an increased premium and/or requesting that we review the manner in which our rating system has been applied in connection with the insurance afforded or offered you. Written Complaints and Requests for Action should be forwarded to: CT Corporation System, 818 West Seventh Street, 2nd Floor, Los Angeles, CA 90017: 1-888-500-3344 After you send your Complaint and Request for Action, we have 30 days to send you a written notice indicating whether or not your written request will be reviewed. If we agree to review your request, we must conduct the review and issue a decision granting or rejecting your request within 60 days after sending you the written notice granting review. If we decline to review your request, if you are dissatisfied with the decision upon review, or if we fail to grant or reject your request or issue a decision upon review, you may appeal to the insurance commissioner as described in paragraph II.C., below. ©2004 by the Workers' Compensation Insurance Rating Bureau of California. All Rights Reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual ©2001 21 of 28 rrv uw as u t u (Ed. 01-11) B. Disputing the Actions of the WCIRB. If you have been aggrieved by any decision, action, or omission to act of the WCIRB, you may request, in writing, that the WCIRB reconsider its decision, action, or omission to act. You may also request, in writing, that the WCIRB review the manner in which its rating system has been applied in connection with the insurance afforded or offered you. For requests related to classification disputes, the reporting of experience, or coverage issues, your initial request for review must be received by the WCIRB within 12 months after the expiration date of the policy to which the request for review pertains, except if the request involves the application of the Revision of Losses rule. For requests related to your experience modification, your initial request for review must be received by the WCIRB within 6 months after the issuance, or 12 months after the expiration date, of the experience modification to which the request for review pertains, whichever is later, except if the request for review involves the application of the Revision of Losses rule. If the request involves the Revision of Losses rule, the time to state your appeal may be longer. (See Section VI, Rule 14 of the ERP). You may commence the review process by sending the WCIRB a written Inquiry. Written Inquiries should be sent to: WCIRB, 525 Market Street, Suite 800, San Francisco, Califomia 94105-2767, Attention: Customer Service. Customer Service can be reached by telephone at 1-888-229-2472, and by fax at 415-778-7272. If you are dissatisfied with the WCIRB's decision upon an Inquiry, or if the WCIRB fails to respond within 90 days after receipt of the Inquiry, you may pursue the subject of the Inquiry by sending the WCIRB a written Complaint and Request for Action. After you send your Complaint and Request for Action, the WCIRB has 30 days to send you written notice indicating whether or not your written request will be reviewed. If the WCIRB agrees to review your request, it must conduct the review and issue a decision granting or rejecting your request within 60 days after sending you the written notice granting review. If the WCIRB declines to review your request, if you are dissatisfied with the decision upon review, or if the WCIRB fails to grantor reject your request or issue a decision upon review, you may appeal to the insurance commissioner as described in paragraph II.C., below. Written Complaints and Requests for Action should be forwarded to: WCIRB, 525 Market Street, Suite 800, San Francisco, Califomia 94105-2767, Attention: Complaints and Reconsiderations. The WCIRB's telephone number is 1-888-229-2472, and the fax number is 415-371-5204. C California Department of Insurance -Appeals to the Insurance Commissioner. If, after you follow the appropriate dispute resolution process described above, we or the WCIRB decline to review your request, if you are dissatisfied with the decision upon review, or if we or the WCIRB fail to grant or reject your request or issue a decision upon review, you may appeal to the insurance commissioner pursuant to CIC Sections 11737, 11752.6, 11753.1 and Title 10, California Code of Regulations, Section 2509.40 et seq. You must file your appeal within 30 days after we or the WCIRB send you the notice rejecting review of your Complaint and Request for Action or the decision upon your Complaint and Request for Action. If no written decision regarding your Complaint and Request for Action is sent, your appeal must be filed within 120 days after you sent your Complaint and Request for Action to us or to the WCIRB. The filing address for all appeals to the insurance commissioner is: Administrative Hearing Bureau California Department of Insurance 45 Fremont Street, 22nd Floor San Francisco, California 94105 You have the right to a hearing before the insurance commissioner, and our action, or the action of the WCIRB, may be affirmed, modified, or reversed. III. RESOURCES AVAILABLE TO YOU IN OBTAINING INFORMATION AND PURSUING DISPUTES A. Policyholder Ombudsman. Pursuant to California Insurance Code Section 11752.6, a policyholder ombudsman is available at the WCIRB to assist you in obtaining and evaluating the rating, policy, and claims information referenced in I.A. and I.B., above. The ombudsman may advise you on any dispute with us, the WCIRB, or on an appeal to the insurance commissioner pursuant to Section 11737 of the Insurance Code. The address of the policyholder ombudsman is WCIRB, 525 Market Street, Suite 800, San Francisco, California 94105-2767, Attention: Policyholder Ombudsman. The policyholder ombudsman can be reached by telephone at 415-778-7159 and by fax at 415-371-5288. B. California Department of Insurance -Information and Assistance. Information and assistance on policy questions can be obtained from the Department of Insurance Consumer HOTLINE, 1-800-927-HELP (4357) or http://www.insurance.ca.gov. For questions and correspondence regarding appeals to the Administrative Hearing Bureau, see the contact information in paragraph II.C. This notice does not change the policy to which it is attached. ©2004 by the Workers' Compensation Insurance Rating Bureau of Califomia. All Rights Reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual ©2001 22 of 28 PN049902B (Ed. 5-02) POLICYHOLDER NOTICE California Worker's Compensation Insurance Rating Laws Pursuant to Section 11752.8 of the California Insurance Code, we are providing you with an explanation of the California workers' compensation rating laws. 1. We establish our own rates for workers' compensation. Our rates, rating plans, and related information are filed with the insurance commissioner and are open for public inspection. 2. The insurance commissioner can disapprove our rates, rating plans, or classifications only if he or she has determined after public hearing that our rates mightjeopardize our ability to pay claims or might create a monopoly in the market. A monopoly is defined by law as a market where one insurer writes 20% or more of that part of the California workers' compensation insurance that is not written by the State Compensation Insurance Fund. If the insurance commissioner disapproves our rates, rating plans, or classifications, he or she may order an increase in the rates applicable to outstanding policies. 3. Rating organizations may develop pure premium rates that are subject to the insurance commissioner's approval. A pure premium rate reflects the anticipated cost and expenses of claims per $100 of payroll for a given classification. Pure premium rates are advisory only, as we are not required to use the pure premium rates developed by any rating organization in establishing our own rates. 4. We must adhere to a single, uniform experience rating plan. If you are eligible for experience rating under the plan, we will be required to adjust your premium to reflect your claim history. A better claim history generally results in a lower experience rating modification; more claims, or more expensive claims, generally result in a higher experience rating modification. The uniform experience rating plan, which is developed by the insurance rating organization designated by the insurance commissioner, is subject to approval by the insurance commissioner. 5. A standard classification system, developed by the insurance rating organization designated by the insurance commissioner, is subject to approval by the insurance commissioner. The standard classification system is a method of recognizing and separating policyholders into industry or occupational groups according to their similarities and/or differences. We can adopt and apply the standard classification system or develop and apply our own classification system, provided we can report the payroll, expenses, and other costs of claims in a way that is consistent with the uniform statistical plan or the standard classification system. 6. Our rates and classifications may not violate the Unruh Civil Rights Act or be unfairly discriminatory. 7. We will provide an appeal process for you to appeal the way we rate your insurance policy. The process requires us to respond to your written appeal within 30 days. If you are not satisfied with the result of your appeal, you may appeal our decision to the insurance commissioner. CALIFORNIA WORKERS' COMPENSATION INSURANCE NOTICE OF NONRENEWAL Section 11664 of the California Insurance Code requires us, in most instances, to provide you with a notice of nonrenewal. Except as specified in paragraphs 1 through 6 below, if we elect to nonrenew your policy, we are required to deliver or mail to you a written notice stating the reason or reasons for the nonrenewal of the policy. The notice is required to be sent to you no earlier than 120 days before the end of the policy period and no later than 30 days before the end of the policy period. If we fail to provide you the required notice, we are required to continue the coverage under the policy with no change in the premium rate until 60 days after we provide you with the required notice. We are not required to provide you with a notice of nonrenewal in any of the following situations: ©2002 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 23 of 28 PN049902B (Ed. 5-02) 1. Your policy was transferred or renewed without a change in its terms or conditions or the rate on which the premium is based to another insurer or other insurers who are members of the same insurance group as us. 2. The policy was extended for 90 days or less and the required notice was given prior to the extension. 3. You obtained replacement coverage or agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. 4. The policy is for a period of no more than 60 days and you were notified at the time of issuance that it may not be renewed. 5. You requested a change in the terms or conditions or risks covered by the policy within 60 days prior to the end of the policy period. 6. We made a written offer to you to renew the policy at a premium rate increase of less than 25 percent. (A) If the premium rate in your governing classification is to be increased 25 percent or greater and we intend to renew the policy, we shall provide a written notice of a rnewal offer not less than 30 days prior to the policy renewal date. The governing classification shall be determined by the rules and regulations established in accordance with California Insurance Code Section 11750.39c). (B) For purposes of this Notice, "premium rate" means the cost of insurance per unit of exposure prior to the application of individual risk variations based on loss or expense considerations such as scheduled rating and experience rating. This notice does not change the policy to which it is attached. ©2002 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 24 of 28 PN 04 99 04 Ed. 12-01 POLICYHOLDER NOTICE CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA) SURCHARGE Companies writing property and casualty insurance business in California are required to participate in the California Insurance Guarantee Association. If a company becomes insolvent, the California Insurance Guarantee Association settles unpaid claims and assesses each insurance company for its fair share. California law requires all companies to surcharge policies to recover these assessments. If your policy is surcharged, "CA Surcharge" or "CA Surcharge (CIGA Surcharge)" with an amount will be displayed on your premium notice. This notice does not change the policy to which it is attached. © 2001 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 25 of 28 POLICYHOLDER NOTICE CALIFORNIA LOSS CONTROL CONSULTATION SERVICES As required by law our company will provide Loss Control Consultation Services. These services will include, but are not limited to the following: (1) A workplace survey, including discussions with management and, where appropriate, nonmanagement personnel with permission of the employer. (2) A review of injury records with appropriate personnel. (3) The development of a plan to improve the employer's health and safety loss control experience, which shall include, where appropriate, modifications to the employer's injury and illness prevention program established pursuant to Section 6401.7. These services are available to you at no additional charge. Please contact us at the following number if you have any questions regarding this service: Loss Control Department FirstComp Insurance Agency 222 South 15th Street, Suite 1500N, Omaha, NE 68102-1680 1-888-500-3344 Workers compensation insurance policyholders may register comments about the insurer's loss control consultation services by writing to: State of California, Department of Industrial Relations Division of Occupational Safety and Health P.O. Box 420603, San Francisco, CA 94142. MPWC 1000 05 10 26 of 28 A STOCK COMPANY MARKEL INSURANCE COMPANY Ten Parkway North Deertield, IL 60015-2544 Servicing Office Mailing Address: FirstComp Insurance Agency, Inc. Central Park Plaza 222 South 15th Street, Suite 1500N Omaha, NE 68102-1680 (888) 500-3344 YOUR INSURANCE POLICY Coverage afforded by this policy is provided by the Company and named in the Declarations. In Witness Whereof, the Company has caused this policy to be executed and attested and countersigned by a duly authorized representative of the company identified in the Declarations. MJWC 1000 05 10 27 of 28 MARKET, INSURANCE COMPANY PRIVACY NOTICE Markel Corporation and its affiliated companies are committed to safeguarding your privacy and protecting your personal information. Please be assured that we do not sell this information to anyone for marketing or any other purpose and we have strict policies and procedures in place to protect the confidentiality of all non-public personal financial information. The following outlines our privacy practices: We collect nonpublic personal information about you from the following sources: . Information we receive from you on applications or other forms; .Information about your transactions with us, our affliates, or others; .Information we receive from a consumer reporting agency; and/or .Information we receive from inspection reports. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. When necessary, we may disclose non-public personal information about you to non-affiliated third parties for the purposes of underwriting, administering your policy or claim, and other purposes permitted by law such as disclosures to regulatory authorities or in response to legal processes. For example, we may share your information with financial service providers such as insurance agents and/or brokers who work with us. We restrict access to nonpublic personal information about you to only those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard your nonpublic personal information. We appreciate your business. Thank you for placing your trust in Markel. MPIL 1007 04 10 Page 1 of 1 Ed. 04 10 28 of 28 A-2011-274 ELEVENTH SIDE LETTER AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS' ASSOCIATION FOR FISCAL YEARS 2011-13 The following provisions of the parties' MOLD are amended as set forth below: Article IV, Section 4.3 4.0 SALARIES 4.3 Salary Adjustments. A. Effective July 1, 2011, the base salary of employees covered by this Agreement shall be increased by six (6) salary rate ranges (approximately 3%). Effective December 1, 2011, employees shall contribute 2% (of the 3% salary increase received on July 1, 2011) of their salary increase to pay for employer portion of the City's PERS contribution as more fully addressed below in Section 13.5. This contribution shall be paid in accordance with Government Code section 20516(f). Effective July 1, 2012, the base salary of employees covered by this Agreement shall be increased by seven (7) salary rate ranges (approximately 3.5%). Effective on July 1, 2012, employees covered by this Agreement shall contribute the increase received on that date to pay for employer portion of the City's PERS contribution as more fully addressed below in Section 13.5. This contribution shall be paid in accordance with Government Code section 20516(f). City agrees that if, upon completion of negotiations for a successor MOU with the FBA and all other safety units/employees, the City has not agreed to (or imposed) an employee retirement contribution (either as cost sharing or employer paid member contribution) at the some or greater percentage as to that paid by safety employees who are covered by this Agreement, the City will return the 3.5% salary increase (retroactive to July 1, 2012) to employees covered by this Agreement. E. Effective July 1, 1998, employees will contribute one-half percent (.5%) of their base salary plus pay additives 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. Effective July 1, 1999, employees will contribute an additional one-half percent (.5%) for a total of one percent (1%) of their base salary plus pay additives 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. This payroll deduction for retiree health insurance premium reduction assistance will continue until such time as the parties may mutually agree to end said deduction. Additionally, effective October 1, 2006 the City shall contribute an amount equal to one-half percent (.5%) of the bargaining unit's annual base salary, including pay additives, for the purpose of providing retiree health insurance premium reduction assistance. Effective October 1, 2008, the City shall contribute an additional amount equal to one-quarter percent (.25%) for a total City contribution of three- quarters' percent (.75%) of the bargaining unit's annual base salary, including pay additives (excluding overtime), for the purpose of providing retiree health insurance premium reduction assistance. The parties agree that the City's payment due on October 1, 2011 (which the parties previously agreed would not be due until January 1, 2012) shall not be required to be made until October 1, 2012. In addition, the payment due on October 1, 2012 will be due on January 1, 2013. :article VIII, Section 8.4 8.4 Compensation for Overtime A. For the period December 1, 2011 and ending June 30, 2013, all employees covered by this Agreement who work overtime hours shall have those hours accrue as compensatory time off, not overtime pay. To ensure that overtime pay is not paid by the City during this time period, effective December 1, 2011, for all safety employees in the unit, their compensatory time off accrual bank is increased to 480 hours. For non-safety employees their compensatory time off accrual bank is increased to 240 hours. B. For the period December 1, 2011 and ending June 30, 2013, all employees covered by this Agreement are encouraged to use their compensatory time off so that the City will not be required to pay overtime pay. The raising of the compensatory time accrual cap to 480 hours (safety) and 240 hours (non-safety) is intended to ensure that virtually all overtime worked will be accrued as compensatory time off and be used as such. C. For the period becember 1, 2011 and ending June 30, 2013, no employees covered by this Agreement will be permitted to cash out any compensatory time off except if leaving the employ of the City. Article Ili', Section 9.3 9.3 Cash Option. For the period December 1, 2011 and ending June 30, 2013, all employees covered by this Agreement shall defer, for the duration of Fiscal Years 2011-12 and 2012-13, an employee's ability to cash out annual holiday leave benefits. The ability to cash out annual holiday leave benefits shall be re-instated July 1, 2013. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. Effective July 1, 2013, employees covered by this Agreement shall be given an option twice per calendar year to receive cash compensation ("cash out") computed on a straight time basis in exchange for eighty (80) hours of their annual holiday leave benefits set forth in Section 9.2 above. Specifically, employees may cash out up to 40 hours of holiday leave benefits in April of each calendar year and an additional 40 hours of holiday leave benefits in November of each calendar year. An employee that does not cash out holiday leave benefits in April may cash out a maximum of 80 hours of holiday leave benefits in November. Article 1, Section 10.3 10.0 VACATION 10.3 Longevity Vacation E. Effective July 1, 2005, employees covered by this Agreement shall be given an option once per calendar year, to receive cash compensation computed on a straight time basis in lieu of up to a total of forty (40) hours of their longevity vacation leave benefits set forth in Subsection A above. G For the period December 1, 2011 and ending June 30, 2013, all employees covered by this Agreement shall defer, for the duration of Fiscal Years 2011- 12 and 2012-13 an employee's ability to cash out longevity vacation time. The ability to cash out longevity vacation time shall be re-instated July 1, 2013. Such deferral shall not affect an employee's ability to be compensated for all accumulated leave upon termination of employment with the City. H. Effective July 1, 2014, the yearly longevity cash-out provisions shall revert back to that as set forth in section 10.3"E", above. Therefore, effective July 1, 2014, employees covered by this Agreement shall be given an option once per fiscal year to receive cash compensation computed on a straight time basis in lieu of up to a total of forty (40) hours of their longevity vacation leave benefits set forth in subsection "A", above. Such option may be eliminated or modified at the discretion of the Department to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (FLSA). Article VIII, Section 13.5 13.0 RETIREMENT 13.5 3% at 50 Service Retirement Benefit for Safety Members. The City agrees to amend its contract with CaIPER5 to provide Safety employees represented by this bargaining unit with the 3% at 50 Service Retirement benefit effective July 1, 2001. Payment of 3% at 50 Service Retirement Benefit. The actual cost for the benefit shall be determined upon receipt of the annual actuarial valuation setting forth employer rates for the 2001-02 fiscal year and every subsequent year thereafter. Commencing July 1, 2011, all safety members in the Association shall contribute an additional one percent (1%) of payroll to CaIPERS for the cost of the service retirement benefit, for a total contribution of 2.42%. This 2.42% is paid pursuant to Government Code Section 20516(f). Commencing December 1, 2011, all employees covered by this Agreement shall pay an additional 2% of their salary to pay for employer portion of the City's PERS contribution. This contribution shall be paid in accordance with Government Code section 20516(f). With this additional 2% for cost sharing, for the period of December 1, 2011 through June 30, 2012, safety employees in the unit shall pay a total of 4.42% of their salary to pay for employer portion of the City's PERS contribution in accordance with Government Code section 20516(f). During this same period, non-safety employees, who, prior to December 1, 2011, in accordance with Section 13.7 of the parties' MOU, paid 6.3% of their salary to pay for the employer portion of the City's PERS contribution, will pay 8.3% of their salary to pay for the employer portion of the City's PERS contribution. Commencing on July 1, 2012 all safety employees covered by this Agreement shall pay an additional 3.5% of their salary to pay for employer portion of the City's PERS contribution. This contribution shall be paid in accordance with Government Code section 20516(f). With this additional 3.5% for cost sharing, effective July 1, 2012, safety employees in the unit shall pay a total of 7.92% of their salary to pay for employer portion of the City's PERS contribution in accordance with Government Code section 20516(f). Commencing on July 1, 2012, non-safety employees, who, prior to July 1, 2012, in accordance with Section 13.7 of the parties' MOU, paid 8.3% of their salary to pay for the employer portion of the City's PERS contribution, will pay 11.8% of their salary to pay for the employer portion of the City's PERS contribution in accordance with Government Code section 20516(f). Article XXII, Section 22.0 22.0 LAYOFFS H. The City agrees that there will be no layoffs of members of this bargaining unit during fiscal year 2011-2012 except upon the occurrence of a five percent (5%) or greater decline in the 2010-2011 general fund revenues of the City. For purposes of this provision, general fund revenues of the City will not include one-time revenues to the City or transfers between other existing City funds and the general fund. I. During Fiscal Year 2012-13, the City will not layoff any employees in the unit without first meeting and conferring with the Association on the decision, not just the impact of the decision. 4 ?l Ed Raya Executive Director of Personnel City of Santa Ana ra_L John Franks President, SAPOA t-v Date 1-5--171 Date ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Association and entered into this 19th day of December, 2011. Dated: FEB 1 6 E01Z Dated: FEB 16 2012 ATTEST: CLERK OF THE COUN L APPROVED AS TO FORM: By: CITY OF SANTA ANA, a Municipal Corporation the St-ate of California of CIS ATTORNE CITY MANAGER