HomeMy WebLinkAboutSANTA ANA POLICE MANAGEMENT ASSOCIATION (PMA) - 2012MEMORANDUM
To:
From:
Subject:
Mayor Miguel Pulido
Date: October 29, 2012
Executive Director of Personnel fl
Edward S
PMA MOU
As you are aware, the City and the Police Management Association (PMA) 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 PMA MOU all side letters and contract extensions previously agreed
to and approved by Council since 2008. The PMA has reviewed and approved this document.
Consequently, I have attached for your signature the 2008-14 PMA 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
2008 - 2014
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
AND
SANTA ANA POLICE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLE I Recognition 3
ARTICLE II Non-Discrimination Clause 4
ARTICLE III Attendance, Workday, Workweek and Work Schedule 5
ARTICLE IV Salaries 6
ARTICLE V Assignment and Other Special Pay Additives 11
ARTICLE VI Educational Incentive Program 12
ARTICLE VII Training and Educational Assistance Program 14
ARTICLE VIII Overtime 17
ARTICLE IX Holidays 1 g
ARTICLE X Vacation 23
ARTICLE XI Other Leaves of Absence 26
ARTICLE XII Employee Insurance 34
ARTICLE XIII Deferred Compensation 39
ARTICLE XIV Retirement 40
ARTICLE XV Credit Union Deduction 43
ARTICLE XVI Expanded Residency 44
ARTICLE XVII Controlled Parking and Take Home Vehicle Privileges 45
ARTICLE XVIII Discipline 46
ARTICLE XIX Grievance Review Procedure 47
ARTICLE XX Dues Deduction and Indemnification 49
ARTICLE XXI City Rights 50
ARTICLE XXII Strikes and Work Stoppages 52
ARTICLE XXIII Sole and Entire Agreement 53
ARTICLE XXIV Waiver of Bargaining During the Term of Agreement 54
ARTICLE XXV Separability Provision 55
ARTICLE XXVI Term of Agreement 56
ARTICLE XXVII Ratification and Execution 57
EXHIBIT A Salary Schedule Matrix 59
EXHIBIT B Assignment of Classes Represented by the Santa Ana 61
Police Management Association to Salary Rate Ranges
For Fiscal Years 2008-14
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ARTICLE I
1.0 RECOGNI"TION
1.1 Pursuant to the provisions ofthe Meyers-Milias-Brown Act, Government Code Section 3500,
et sec ., the City of Santa Ana (hereinafter called the "City")has recognized the Santa Ana
Police Management Association (hereinafter called the "Association") as the recognized
representative of the bargaining unit which includes Police Department employees in the
classifications of Police Records Manager, Policy Property & Facilities Manager, Police
Communications Manager, Police Lieutenant and Police Captain. Effective July 1, 2012, the
vacant classifications of Police Records Manager and Police Property & Facilities Manager
shall be eliminated. Effective July 1, 2012, the new classifications of Police Administrative
Manager and Police Systems and Communications Manager shall be added to the
Association as represented titles. Effective July 1, 2012, the classification of Jail
Administrator shall be transferred to the Association as a represented title.
Effective February 7, 2005, employees permanently assigned to the position of Police
Lieutenant have the "working" title of "Commander" and employees permanently assigned
to the position of Police Captain have the ``working" title of "Deputy Chief of Police" .
AR"I'ICLE II
2.0 NON-DISCRIMINATION CLAUSC
2.1 The City and the 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 provision or
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.
ARTICLE III
3.0 ATTENDANCE, WORKDAY, WORKWEEK & WORK SCHEDULE
3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work
during hours prescribed by the Police Chief or his designee(s) and shall not absent
themselves during prescribed hours without authorization. Employees shall not be required
to submit a Leave of Absence Report for absences of two (2) hours or less.
3.2 Alternative Work Schedules.
A. All represented employees, except those Lieutenants assigned as Watch Commanders
or assigned to positions designated by the Police Chief as special exemptions, shall
be permitted, at the employee's option, to work a 4/10 work schedule. Each
workday shall consist of ten (10) hours of work and thirty (30) minutes unpaid
mealtime. Said schedule shall be set by the Police Chief and subject to annual review
by the Police Chief.
B. All represented employees (except those Lieutenants assigned as Watch
Commanders) not assigned to the 4/10 work schedule shall work a 9/80 work
schedule. Employees assigned to the 207(k) 9/80 work schedule shall work either
five (5) nine-hour workdays in the first seven (7) day span and three (3) nine-hour
and one (])eight-hour workdays 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 seven (7) day span. Each
nine (9) hour workday shall consist of nine (9) hours of work and thirty (30) minutes
unpaid mealtime. The eight (8) hour workday shall consist of eight (8) hours of work
and thirty (30) minutes of unpaid mealtime.
C. Police Lieutenants assigned to the Field Operations Division as Watch Commanders
will continue to be assigned to a 3/12 - 4/12 work schedule. The minimum work day
for these employees will consist of 11 hours and 30 minutes of work, with 30
additional minutes for meals. A minimum work period shall consist of two (2)
consecutive weeks, with three (3) shifts of 11 hours and 30 minutes in one (1) week
and four (4) shifts of l l hours and 30 minutes in the second week.
D. For purposes of computing holiday, vacation, and sick leave accruals, an eight (8)
hour day shall be the basis for computation.
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ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
members of the Santa Ana Police Management 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 attachmentso
4.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix form as Exhibit A, is
comprised of four (4) steps or rate ranges of pay for sworn (CaIPERS "Safety") employees
and five (5) steps or rate ranges of pay for non-sworn (Ca1PERS "Miscellaneous")
employees.
The steps within each range are identified by the letters "A"through "D" inchsive for sworn
(Ca1PER.S "Safety") classifications and "AA" through "D" inclusive for non-sworn
(Ca1PERS "Miscellaneous") classifications, with Step "A" being the lowest step for sworn
(CaIPF,RS "Safety") and Step "AA" being the lowest step for non-sworn (Ca1PERS
"Miscellaneous") classifications.
The assignment of classes to salary rate ranges during the term of this Agreement is listed
in Exhibit "B," which is attached and made a part hereof as though set forth herein.
4.3 Salaries.
A. The base salaries of employees covered by this Agreement shall. be adjusted as
follows:
Effective July 1, 2008, the base salaries of classifications covered by this
Agreement shall be increased by eight (8) salary rate ranges (approximately 4%).
2. Effective January 1, 2009, the base salaries of classifications covered by this
Agreement shall be increased by five (5) salary rate ranges (approximately
2.5%).
Effective July 1, 2009, there shall be no salary increase for employees covered
by this Agreement.
4. Effective .ianuary 1, 2010, there shall be no salary increase for employees
covered by this Agreement.
Effective July 1, 2010, there shall be no salary increase for employees covered
by this Agreement.
6. Effective January 1, 2011, there shall be no salary increase for employees
covered by this Agreement.
7. Effective July 1, 2011, the base salaries of classifications covered by this
Agreement shall be increased by six (6) salary rate ranges (approximately 3%).
8. Effective July 1, 2012, the base salaries of classifications covered by this
Agreement shall be increased by seven (7) salary rate ranges (approximately
3.5%).
9. Effective July 1, 2012, sworn employees covered by this Agreement shall
contribute an additional 5.5% (for a total of 7.92%) to pay for the employer
portion of the City's PERS contribution as more fully addressed below in
Section 14.6. This contribution shall be paid in accordance with Government
Code section 20516(f).
10. Effective July 1, 2013, sworn employees covered by this Agreement shall
contribute an additional 1.08% (for a total of 9.0%) of their salary to pay for the
employer portion of the City's PERS contribution as more fully addressed below
in Section 14.6. Said additional contribution is contingent on sworn members of
the Police Officers Association (POA) paying the same amount. This
contribution shall be paid in accordance with Government Code section
20516(f) and shall sunset June 30, 2014.
11. Effective July l , 2012, non-sworn employees covered by this Agreement shall
contribute an additional 1.7% (for a total of 8%) of their salary to pay for the
employer portion of the City's PERS contribution as more fully addressed below
in Section 14.5. This contribution shall be paid. in accordance with Government
Code section 20516(f).
12. There shall be no across-the-board salary increase during FY 2013-14 for
members of this bargaining unit, except in the event subsection 4.3A13, below,
is triggered.
13. In the event the Police Officers Association receives any additional wage or
benefit compensation prior to June 30, 2014, the PMA would also receive said
additional wages or benefits.
14. Effective upon Council approval of this Agreement, the City agrees to begin
recruitment for two (2) Lieutenant (Commander) positions.
l 5. The City and Association agree that upon the expiration of this Agreement and
during the period of good faith negotiations for a subsequent contract, salary and
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benefits shall continue at the then current rate.
B. The parties agree that the City may, at its sole discretion, alter its payroll practices to
eliminate the salary and wage step increases system as set forth in its current payroll
matrix, Exhibit "A" to this Agreement, and replace them with an equivalent
percentage system. For example, a five (5) salary rate range increase would not be
computed as set forth on the current matrix, but would instead be exactly 2.5%,
rounded up to or down to the nearest penny. This system would apply to all salary
increases as set forth in this Agreement, including Article IV ("Salaries" ), Article V
("Assignment and Other Special Pay Additives")and Exhibit A. There shall be no
negative consequences to any represented employee by such conversion.
C. The City agrees, during the term of this Agreement, to maintain thirty-four (34)
salary rate ranges (17%) between the classes of Police Captain and Police Lieutenant.
4.4 Application of Basic Compensation Plan. All employees working in classifications of
employment covered by this Agreement shall be compensated at a monthly rate, as set forth
in Exhibit B.
4.5 Be innin Rates. An employee appointed to one of the designated sworn (Ca1PERS
"Safety") classifications of employment listed in this Agreement may be placed by the
appointing authority at Step "A," Step "B," or Step "C" within the applicable rate range in
the schedule to which the class has been allocated by Resolution of the City, provided that
such employee shall be assigned such salary step upon the commencement of his or her
service in said classification and such assignment. having once been made shall remain in
effect until the said employee shall be entitled to advance to the next salary step in
accordance with the further provisions of the Article.
An employee appointed to one of the designated non-sworn (Ca1PERS "Miscellaneous" )
classifications of employment listed in this Agreement may be placed by the appointing
authority at Step "AA," Step "A," Step "B," or Step "C," within the applicable salary rate
range as provided above.
4.6 Service. The word "service" as used in this Agreement shall be deemed to mean continuous,
frill-time service in the classification in which the employee is being considered for salary
advancement, service in a 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 (1'') working day of the month shall not be credited with "time in
service" for that month when determining the length of service required for salary step
advancement. A lapse of service by an employee for a period of time longer than ten (10)
calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the
accumulated length of service time of such employee for the purpose of this Agreement and
any such employee reentering the service of the City shall be considered as a new employee,
s
except that he or she may be reemployed within two (2) years and placed in the same salary
step in the appropriate salary rate as he or she was at the time of termination of employment.
"Resignation, quit, or discharge" for purposes of this section shall mean leaving City service
altogether and not movement within City employment by way of transfer, promotion, or
demotion between and among any City departments.
4.7 Advancement Within Ranges. The following regulations shall govern salary advancement
within rate ranges:
A. For any employee covered by this Agreement who has been initially appointed to a
step lower than Step "D," advancement to the next higher step (Step "A" from Step
"AA," Step "B" from Step "A," or Step "C" from Step "B," or Step "D" from Step
"C," respectively) shall be granted for continued satisfactory and efficient service by
said employee in the effective performance of the duties of his or her position. The
effective date of an increase from Step "AA" to Step "A," if granted shall be the first
(ls`) day of the month following the completion of six (6) months of service at Step
"AA." The effective date of such step increase from Step "A,'° Step "B," and Step
"C," if granted, shall be the first (1 ~~) day of the month following the completion of
one (1) year of service at the step to which said employee is being advanced.
Such merit advancement shall require the following:
There shall be on file in the Office of the Executive Director of Personnel
Services a copy of each periodic efficiency or performance report required to
be made on the employee by the Civil Service Rules and Regulations and/or
the City Manager during the period of service time of such employee
subsequent to his or her last salary advancement.
2. The Police Chief, at least twenty (20) calendar days prior to the anticipated
completion of such employee's required length of service, shall file with the
City Manager a statement recommending the granting or denial of the step
increase and supporting such a recommendation with specific reasons
therefore. The employee shall be notified of the reasons therefore.
No advancement in salary above the lowest step in the salary rate range of the
designated classification shall become effective until approved by the City
Manager, except when placement on a salary step above the lowest step in the
applicable salary rate range results from promotion under the provisions of
Section. 4.8 of this Article.
B. When any such employee has not been approved for advancement to the next higher
salary step, he or she may be reconsidered for advancement to the next higher step
above his or her then current step 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.
4.8 Promotional Salary Advancement. When an employee is promoted to a position in a higher
classification from a position in a lower classification, he or she shall be reassigned to the
lowest step in the appropriate salary rate range for the higher classification that gives the
employee a minimum increase of one (1) salary step (approximately 5%) over his or her
current base salary step exclusive of any pay additive or additives such as shift differential,
assignment pay, special skill pay or the like.
4.9 Demotion. When an 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 employee
would have been entitled had his or her service time in the higher classification been
spent in the lower classification.
4.10 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification
which is reallocated to a different salary rate range from that previously assigned shall be
retained in the same salary step in the new salary rate range as he or she had previously held
in the prior rate range and shall retain credit for length of service in such step towards
advancement to the next higher step.
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ARTICLE V
5.0 ASSIGNMENT & OTHER. SPECIAL PAY ADDITIVF,S
5.1 Bilingual Assignment Pay. An employee who speaks both English and either Spanish,
Samoan, Vietnamese or other languages designated by the Police Chief, will be paid a
monthly assignment pay differential in accordance with the criteria and amounts set forth
below:
A. Any Police Captain or Police Lieutenant who has been certified by the Executive
Director of Personnel Services as having satisfactorily demonstrated conversational
fluency in both languages shall be paid a monthly differential of one hundred fifty
dollars ($150) above his or her then current base monthly salary step.
B. Any other member of this bargaining unit who works in a position where it has been
determined by the Police Chief that bilingual proficiency is essential to carry out
duties and responsibilities of a critical and/or emergency nature without ready access
to backup assistance, or positions where bilingual public contact is a major and
essential element of the work being performed shall be paid a monthly differential of
one hundred fifty dollars ($150) above his or her then current base monthly salary
step, upon certification by the Executive Director of Personnel Services that this
person has satisfactorily demonstrated conversational fluency in both languages.
ARTICLE VI
6.0 EDUCATIONAL INCENTIVE PROGRAM
6.1 Effective July 1, 2005, members of the Association will be paid an Educational Incentive
allowance in the amounts and in accordance with the criteria set forth below. Employees
wishing to participate in any of the programs designated herein shall submit a request to his
or her bureau commander, who will then make a recommendation to the Police Chief. Final
approval will be at the discretion of the Police Chief: based on the needs of the Department
and program benefits. In no event shal l the application of this Educational Incentive program
result in an employee being eligible to earn more than fifteen (15) salary rate ranges
(approximately 7.5%) above his or her then current base monthly salary step.
A. FBI National Academy. Any employee covered by this Agreement who successfully
completes the FBI National Academy shall be paid at a rate set ten (10) salary rate
ranges (approximately 5%) above his or her then current base monthly salary step.
B. California Command College. Any employee covered by this Agreement who
successfully completes the California Command College shall be paid at a rate set ten
(10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step.
C. West Point Leadership Program. Any employee covered by this Agreement who
successfully completes the West Point Leadership Program shall be paid at a rate set
five (5) salary rate ranges (approximately 2.5%) above his or her then current base
monthly salary step.
D. Police Executive Research Forum (PERF) Senior Management hlstitute for Police.
Any employee covered by this Agreement who successfiilly completes the Senior
Management Institute for Police shall 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. FBI National Academy (LEEDS Program). Any employee covered by this
Agreement who successfully completes the FBI LEEDS Program shall be paid at a
rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current
base monthly salary step.
F. International Association of Chiefs of Police. Any employee covered by this
Agreement who successfully completes the Leadership in Police Organizations
Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%)
above his or her then current base monthly salary step.
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G. Homeland Security Executive Leaders Pro ram. Any employee covered by this
Agreement who successfully completes the Homeland Security Executive Leaders
Program shall 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. Advanced Leadership Program. The advanced leadership courses listed below
represent curriculum that exceed minimum training mandates for law enforcement
managers. The subject matter addresses a variety of critical topics associated with
advanced organizational development and the role of leaders within the organization.
All courses are applicable to sworn and civilian managers.
Any employee covered by this Agreement who successfully completes a cumulative
total of 112 hours of the below listed advanced leadership courses shall be paid at a
rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current
base monthly salary step. Employees shall be paid at a rate set five (5) salary rate
ranges (approximately 2.5%) for every 112 hours of successfillly completed training.
Leadership Courses Hours
Command Institute for Law Enforcement Executives (F.B.I. -LEEDA) 40
Contemporary Leadership Issues (F.B.I. -LEEDA) 32
Executive Development Course (P.O.S.T.) g0
Management Civilian Seminar (Part I) (P.O.S.T.) 24
Management Civilian Seminar (Part II) P.O.S.T. 24
Organizational Leadership (P.O.S.T.) 40
Police Management Seminar Advanced (P.O.S.T.) 24
Supervisor Leadership Institute (F.B.I. -LEEDA) 40
POST Management Update 24
POST Supervisory Update 24
FBI-LEEDA Executive Survival 32
Role of the Police Chief 40
Additional Courses. Any other course, 24 hours or longer, which focuses on
developing leadership skills or increasing knowledge of contemporary law
enforcement issues of amanagement/executive nature, or which enhances knowledge
of community policing strategies or trends. All such courses shall be reviewed and
approved by the Chief of Police after he/she ensures that the above criteria are meL
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ARTICLE VII
7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
7.1 Purpose.
A. To encourage the employees of the City of Santa Ana to take college courses and
special training courses, which will better enable them to perform their present duties
and prepare them for increased responsibilities.
B. To provide financial assistance to eligible employees for education and training.
C. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
7.2 Eli _ ibility.
A. Application for tuition reimbursement will be considered only from full-time, regular
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 the 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 job, may be reimbursable only after
all required, occupationally-related courses have been completed. (For example, a
Police Officer is a candidate for an A.A. Degree in Police Science and has completed
all coursework directly related to his crime investigation and prevention duties. A
course in American History is required for the degree. The history course may
qualify for tuition reimbursement because the degree can be related to the employee's
job).
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 a Board of Education
and certain non-collegiate training seminars approved by the Police Chief. Other
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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
Police Department with prior approval of the Police Chief.
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. If, however, an employee is required by
the Police Chief to attend a particular course or seminar, the expense shall be borne
entirely by the Department.
B. Costs for required texts are eligible for one hundred percent (100%) reimbursement
subject to the following conditions:
That a duplicate of the required text(s) was unavailable for loan from the
Department library prior to the commencement of coursework; and
2. That any textbook(s) purchased by the City shall be submitted to the
employee's Departmental library in order that such text(s) may be made
available to all employees.
C. Tuition and registration costs are eligible for one hundred percent (100%)
reimbursement up to a maximum of two thousand dollars ($2,000) per year
(including non-P.O.S.T. reimbursable courses and approved non-collegiate seminar
training courses).
Reimbursement for non-collegiate seminar training courses require the prior approval
of the Police Chief and shall be limited to two (2) such courses per year and a
maximum of $500 per course.
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" trait.
7.4 Procedures.
A. An employee who desires to seek tuition reimbursement under the provisions of this
Article must complete, in duplicate, an Application for Training and Educational
Assistance form and submit it to the Police Chief.
IS
B. The Police Chief will recommend approval or disapproval and forward the
application to the Personnel Services Department.
C. The Executive Director of Personnel Services will approve or disapprove the
application for the City. One (1) copy will be returned to the employee and the
duplicate will be retained by the Personnel Services Department. It is advisable that
the applicant accomplish the procedure 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.
D. The employee will submit his or her copy of the approved application to the
Personnel Services Department within three (3) months after he or she has completed
the course and received his or her final grade with appropriate receipts for tuition and
textbook costs. These will be returned to the employee upon request. Applications
not submitted to the Personnel Services Department within three (3) months
following completion of the course become void.
E. Upon receipt of the application and required documentation, the Executive Director
of Personnel Services will compute the amount of reimbursement, authenticate the
application and forward it to the Police Chief.
F. The Police Chief will then authorize the Finance and Management Services
Department to reimburse the employee the approved amount of the budget of the
Police Department.
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AR"I'ICLE VIII
8.0 OVERTIME
8.1 Compensation for Overtime. Employees in any of the designated classes of employment
listed in this Agreement are not eligible for monetary compensation for overtime work or for
compensatory time off with pay for overtime work, unless so required by the Fair Labor
Standards Act, or any other State or Federal laws.
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ARTICLE IX
9.0 HOLIDAYS
9.1 Legal Holidays observed by frill-time permanent and probationary employees of the City of
Santa. Ana are as follows:
o January 1St -New Year's Day
o "Third (3`d) Monday in January - In observance of Martin Luther King, Jr's Birthday
o Third (3"~) Monday in February - In observance of Presidents' Day
o Last Monday in May - In commemoration of Memorial Day
o July 4"' - In observance of Independence Day
o First (1St) Monday of September - In observance of Labor Day
o November 1 lt'' - In observance of Veteran's Day
o Fourth (4t~') Thursday in November - In observance of Thanksgiving Day
o The Friday immediately following Thanksgiving Day
o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in
which instance, the day following Christmas Day shall be observed in lieu thereof.
o December 25tf' - In observance of Christmas Day
o One (1) Floating Holiday -Any workday selected by the employee with prior
permission of the employee's supervisor.
o 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 twelve (12) working days off during the calendar year in lieu of the holiday
benefits specified in Section 9.1, supra. Therefore, employees with alternative work
schedules shall be credited with 96 hours of Holiday Time at the beginning of every calendar
year in lieu of twelve (12) holidays in the year.
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Said substitute holidays may be taken at any time during the calendar year with prior
permission of the employee's supervisor and subject to the operational needs of the
Department. However, if an employee who separates from the service of the City has taken
time off for holidays in advance of the date or day the holidays achially occur, he or she must
pay the City the cash value for such used but unearned holiday time off benefits prior to or at
the time of separation.
9.3 A newly appointed employee must actually work at least one (1) day preceding the day a
holiday listed in Section 9.1, supra, actually occurs in order to receive credit for such holiday
during the month in which it occurs.
An employee separating from the service of the City must actually work at least one (1) day
following the day a holiday listed in Section 9.1, supra, actually occurs in order to receive
compensation for the holiday.
A newly appointed employee must complete six (6) months of continuous full-time service in
order to receive credit for the Floating Holiday listed in Section 9.1 above.
9.4 Holiday time off may be taken in 30-minute increments.
9.5 Holiday benefits may not be carried over from one (1) calendar year to the next.
9.6 Leave Cash Option. Employees covered by this Agreement may cash out a combination of
holiday, regular and/or longevity vacation, and management vacation leaves, up to a
maximum of 120 hours in a calendar year. Effective July 1, 2009, all employees covered by
this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to
cash out holiday leave, regular and/or longevity vacation leave, and management vacation
leave. Effective July 1, 2010, employees began cashing out holiday leave, as defined in
9.6A1 below. Effective July 1, 2011 through June 30, 2012, employees choosing to cash out
a combination of holiday, regular and/or longevity vacation, and management leaves may
begin to do so, up to a maximum of 174 hours in a calendar year. Effective July 1, 2012
through June 30, 2013, employees may cash out eligible holiday leave balances only, up to a
maximum of 106 hours. Effective July 1, 2013 through June 30, 2014, employees choosing
to cash out a combination of holiday, regular and/or longevity vacation, and management
leaves may do so up to a maximum of 305 hours. Effective July 1, 2014 through .Tune 30,
2015, employees choosing to cash out a combination of holiday, regular and/or longevity
vacation, and management leaves may do so up to a maximum of 260 hours.
A. Holiday Leave: Employees may receive cash compensation, computed on a straight
time basis, up to a maximum of eighty (80) hours of their holiday leave benefits,
including the floating holiday, set forth in Section 9.2 above.. Effective July 1, 2009,
all employees covered by this Agreement shall defer for the duration of Fiscal year
79
2009-10 an employee's ability to cash out holiday leave time. The ability to cash out.
holiday leave time shall be reinstated on July 1, 2010. Such deferral shall not affect
an employee's ability to be compensated for accumulated holiday leave time upon
separation from employment with the City, not to exceed a maximum of 160 hours.
Effective July 1, 2010 through June 30, 2013, employees choosing to cash
out their holiday time may do so to a maximum value of 106 hours per year.
2. Effective July 1, 2013, holiday leave cash out maximums shall revert to 80
hours per year.
B. Regular and/or Longevity Vacation Leave: Employees may receive cash
compensation, computed on a straight time basis, for up to a maximum of eighty (80)
hours of earned, unused regular vacation leave (which includes longevity vacation)
benefits, set forth in Sections 10.2 and 10.3, respectively, herein. Effective July 1,
2009, all employees covered by this Agreement shall defer for the duration of Fiscal
Years 2009-10 and 2010-11, respectively, an employee's ability to cash out vacation
leave time. 'The ability to cash out vacation leave time shall be reinstated July 1,
2011. Effective July 1, 2012, all employees covered by this Agreement shall defer
for the duration of Fiscal Year 2012-13 an employee's ability to cash out vacation
leave time. The ability to cash out vacation shall be reinstated July 1, 2013. Such
deferral shall not affect an employee's ability to cash out vacation leave time upon
separation of employment with the City.
Effective July 1, 2011 through June 30, 2012, employees choosing to cash out
their vacation leave time may do so up to a maximum value of 133 hours per
year.
2. Effective July 1, 2012, employees shall defer vacation leave cash out during
Fiscal Year 2012-13.
Effective July l , 2013 through June 30, 2014, employees choosing to cash out
their vacation leave time may do so up to a maximum of 200 hours per year.
4. Effective July 1, 2014 through June 30, 2015, employees choosing to cash out
their vacation leave time may do so up to a maximum of 150 hours per year.
Effective July 1, 2015, regular/longevity vacation leave cash out maximums
shall. revert to 80 hours per year.
C. Management V acation Leave: Employees may receive cash compensation, computed
on a straight time basis, up to a maximum of forty (40) hours of earned, unused
management vacation leave benefits, set forth in Section 10.7 herein. Effective July
20
1, 2009, all employees covered by this Agreement shall defer for the duration of
Fiscal years 2009-10 and 2010-11, respectively, an employee's ability to cash out
management vacation time. The ability to cash out management vacation time shall
be reinstated July 1, 2011. Effective Jtily 1, 2012, all employees covered by this
Agreement shall defer for the duration of Fiscal year 2012-13 an employee's ability
to cash out management vacation time. The ability to cash out management vacation
shall be reinstated July 1, 2013. Such deferral shall not affect an employee's ability
to cash out management vacation time upon separation of employment with the City.
Effective July 1, 2012, employees covered by this Agreement shall begin earning an
additional 60 hours of management vacation leave for a total accrual of 100 hours.
During calendar year 2012, employees shall earn the prorated amount of 30 hours of
management vacation leave for a total accrual of 70 hours.
Effective July 1, 2011 June 30, 2012, employees choosing to cash out their
management vacation leave time may do so up to a maximum value of 67
hours per year.
2. Effective July 1, 2012, employees shall defer management vacation leave
time cash out during Fiscal Year 2012-13.
Effective July 1, 2013 through June 30, 2014, employees choosing to cash out
their management vacation leave time may do so up to a maximum of 175
hours per year.
4. Effective July 1, 2014 through June 30, 2015, employees choosing to cash out
their management vacation leave time may do so up to a maximum of 150
hours per year.
Effective July 1, 2015, management vacation leave cash out maximums shall
revert to 100 hours per year.
The terms and conditions identified in "bold type" above apply to the Cash Option set forth in 9.6
above for the period of time beginning July 1, 2009, and ending June 30, 20150 Effective July 1,
2015, these terms and conditions no longer apply and the Cash Option reverts to that set forth above
(maximum of 120 hours of combined holiday, regular or longevity vacation, and/or management
vacation.)
Such cash option may be eliminated or modified to the extent it is construed as overtime under
Department of Labor Guidelines implementing provisions of the Fair Labor Standards Act.
D. PMA members who notify the City, in writing, of their intent to retire within 12
calendar months shall be allowed to cash out any and all eligible leave bank balances,
including sick leave, upon request. Employees shall receive payment as soon as
~~
practical, and no longer than 30 days after the request has been made. If an employee
cashes out his or her eligible leave bank balances prior to retirement and
subsequently does not retire from City employment, said employee shall immediately
reimburse the City for the value of all cashed out leave.
22
ARTICLE X
10.0 VACATION
10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide
them with a break in their regular work schedule and this purpose will be used as a guide in
the administration of the provisions of this Article.
10.2 Regular Vacation Period.
A. Regular vacation with pay is granted to each full-time permanent or probationary
employee, at the rate of 120 hours for each completed year of service, accrued at the
rate of ten (10) working hours for each completed month of service.
B. Vacation time off may be taken in increments as small as one (1) hour, with
fractional usage rounded upward to the next higher multiple of one (1).
C. Computing Regular Vacation.
In computing regular vacation, each municipal holiday that occurs during the
vacation, and that falls on a day which the employee would have worked had
he or she not been on vacation, shall be deducted from the computation so
that one (1) additional day of regular vacation shall be allowed to the
employee. 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 (1) calendar year to the next, more
than the equivalent of 240 hours of regular vacation from the previous two
(2) years, and vacation not taken beyond that amount is forfeited. A regular
vacation period is defined as the maximum amount of vacation earned in a
calendar year as provided in Subsection A above.
Employees may or may not be allowed or required to accumulate or split
vacations. The time at which an employee shall take his or her vacation shall
be determined by seniority within rank, with due regard for the needs of the
service.
10.3 Lon evity Vacation.
A. In addition to regular vacation, each employee is granted longevity vacation with pay
23
for each completed year of full-time, continuous City service as set forth in the
following table.
Completed Additional Hourl~Equivalent of
Years Dam Additional Days
6 '/z 4
7 ] g
8 1 '/~ 12
9 2 16
10 2 '/2 20
11 3 24
12 3 '/z 28
13 4 32
14 4 '/z 36
15 5 40
16 6 48
17 7 56
18 8 64
19 9 72
20 10 80
B. No employee becomes eligible for longevity vacation until completion of the sixth
(6`~') year of continuous service, and each employee continues to earn the maximum
often (10) working days (80 hours) of longevity vacation for each completed year of
service in excess of twenty (20) years.
C. A period of earlier service does not apply toward. longevity vacation accumulation
when an employee has had a break in continuous service, unless the break in service
is concluded by reappointment, as provided in Section 9-114 of the Civil Service
Rules and Regulations, or by reemployment from layoff within two (2) years.
D. Leave of absence without pay, as provided in Article XI, Section 11.1E (Sick Leave -
Extended) and Section 11.8 (Authorized Absence Without Pay -Long Term) herein,
does not constitute a break in continuous service as used in this section; however, the
leave of absence period shall not be applied toward the accumulation of longevity
vacation. Absence on military leave followed by reinstatement, as provided in
Section 9-143 of the Civil Service Rules and Regulations, does not constitute a break
in service, and the period of absence on such military leave shall be applied toward
the accumulation of longevity vacation.
10.4 Limitation on Vacation. With the exception of a retiring employee, no employee is granted,
and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50)
~4
working days (400) hours in any one year by any combination of the vacations granted in
these rules and regulations. Further, no employee may carry over from one (1) calendar year
to the next more than the equivalent of 120 hours of longevity vacation plus the combined
equivalent of 120 hours from the previous two (2) years. Any vacation not taken beyond that
amount is forfeited. Therefore, the maximum vacation that an employee with less than six
(6) years' service could accumulate is thirty (30) working days (240 hours) and only an
employee with more than twenty (20) years' service could carry over and take the authorized
maximum of fifty (50) working days (400) hours in any one year. Under extenuating
circumstances, the Chief, may at his/her discretion, grant an employee a thirty (30) day
extension during which to take this vacation. This extension provision will be limited to two
(2) consecutive years.
10.5 Excess Usage. If vacation time off is used in excess of that available, such excess vacation
time off will be deducted from the next scheduled salary payment.
10.6 Leave Cash Options. Please refer to Article 9.6 for details.
10.7 Management Vacation Benefit. All employees covered by this Agreement will be granted an
additional forty (40) hours of vacation per calendar year over the regular and longevity
vacation schedules. Employees may accrue a maximum of 200 hours of such additional
vacation.
10.8 Effect of Extended Sick Leave on Vacation Accrual. 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.
ARTICLE XI
11.0 OTHER LEAVES OF ABSENCE
l l .l Sick Leave.
A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean
absence from duty of an employee because of illness or injury that prevents the
employee from performing the duties of his or her position, and shall be deemed to
include time in quarantine resulting from exposure to a contagious disease.
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 is employed by the City
with full pay; provided, however, any absence on sick leave for a period of tune
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, an employee on leave of absence for service-connected illness or injury
who is 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. 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.
When an accepted industrial illness or injury has caused anon-sworn employee's
absence, for which benefits are required under the State Workers" Compensation
Insurance and Safety Act, paid sick leave will be allowed such employee during the
first three (3) days of the statutory waiting period. If the workers' compensation
related illness or injury continues past the initial three (3) consecutive days, the
employee will have the three (3) used sick days recredited to his or her account. Paid
sick leave will continue until the fourth (4`") day when the City pays the employee
workers' compensation benefits for such illness or injury. If the employee does not
have sufficient accumulated. sick leave at the commencement of such indt.tstrial
illness or injury, they will be advanced sick leave for this purpose. Subsequently, the
City will deduct an equal amount previously advanced from any sick leave accrued
by the employee until the total amount is recovered. If the employee terminates
before recovery of all advanced sick leave, the City will deduct the unrecovered cost
of sick leave from such terminated employee's final paycheck, to the extent possible.
Commencing with Council approval of this Agreement, the City may authorize
26
employees to use sick leave, vacation, or compensatory time for approved workers'
compensation medical appointments as specified herein. The City may authorize use
of such leave for City approved medical appointments whenever such appointments
cannot be secured outside the employee's regular workday, and salary continuation or
workers' compensation benefits are not available.
D. Limit. Effective January I, 2005, the maximum total accumulation of sick leave with
pay shall be 2,000 hours. Sick leave usage of less than a full day shall be charged in
minimum increments of one (1) hour, with fractional usage rounded upward to the
next higher multiple of one (1).
E. Extended. The City Manager inay grant leave up to six (6) months without pay to an
employee who has exhausted all of his accrued sick leave if the City physician or a
licensed physician designated by the City Manager indicates that the employee will
be sufficiently recovered to return to his employment within a six (6) month period.
Prior to the expiration of the additional time, the employee may return to his position
provided that the employee has a certificate from a licensed physician stating that the
employee is able to perform all the duties of his position without qualification. In
addition to the above, the City Manager may grant a further extension not to exceed a
total of one (I) 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
as established by the Police Department regulations. 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 such illness or injury and that the employee is sufficiently
recovered to safely return to work. Such certificate shall be transmitted to the
Personnel Services Department with the report of the employee's return 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 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 willfi~l
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.
27
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 vacation
leave benefit; finally, deducted from the next scheduled salary payment.
Personal Necessit Ly eave. 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, a child
means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a
person standing in loco parentis; and a parent means a biological, foster, adoptive
parent, a stepparent, or a legal guardian.
Up to three (3) days of this personal necessity leave may be used: (a) to attend to a
serious accident to members of the employee's immediate family; (b) childbirth; (c)
to cope with imminent danger to the employee's home or other valuable property; or
(d) when the existence of external circumstances beyond the employee's control
make it impractical for 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.
Payment criteria and limitations.
a. Upon nondisciplinary termination of employment after ten (10) years
of cumulative full-time service with the City, each qualified employee
with less than twenty-five (25) years of cumulative full-time service
with the City 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 effective on the date of such termination.
b. Affected qualified employees who have completed twenty-five (25)
years or more of cumulative full-time service with the City shall be
entitled to payment 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 1.067 hours at the rate
of pay effective on the date of such termination.
At the employee"s election, payment of unused sick leave may be
received in either a lump sum of money or in equal monthly payments
for a period of up to five (5) years.
~g
d. 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
two-thirds (2/3) 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 the death.
2. Conversion to Health Insurance Premium Payments.
At his or her option, an employee may convert any lump sum payment
provided herein into health insurance premiums, to the extent necessary to
provide the employee and his or her designated eligible dependents, if any,
with benefits under the health insurance program maintained by the City.
a. The City's obligation to pay such premiums shall terminate when the
sum of premiums paid equals the amounts as follows:
• After ten (10) years, but less than 15 years of service, the
employee shall be entitled to 50% of the amount of unused
sick leave benefits credited to his or her account upon the
effective date of termination, not to exceed a maximum limit
of 640 hours. This amount represents 150% of the amount
the employee would have been entitled to had they elected to
cash out their sick leave hours.
• After fifteen (15) years, but less than 25 years of service, the
employee shall be entitled to 66.66% of unused sick leave
benefits credited to his or her account upon the effective date
of termination, not to exceed a maximum limit of 1,067
hours.
• After twenty-five (25) years of service, the employee shall be
entitled to 100% of the amount of unused sick leave benefits
credited to his or her account upon the effective date of
termination, not to exceed a maximum limit of 1,600 hours.
This amount represents 150% of the amount the employee
would have been entitled to had they elected to cash out their
sick leave ho~u~s.
b. Premiums will first be paid out of the lump sum amount contributed
by the employee and then out of the amount contributed by the City.
If the retired. former employee dies before exhausting the full amount
of his or her lump sum contribution, the unused portion of such
~y
contribution shall be converted to cash as defined in Section 11.1K1
above and distributed to the retiree's designated beneficiary.
11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of
pay in case of death of a member of the employee's immediate family. For purposes of this
Section only, a "day" shall be defined as the number of hours of work that an employee is
required to work according to his/her specific workday schedule. Such leave is designated as
bereavement leave. "Immediate family" as used in this section is limited to:
A. Any relative by blood or man~iage 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 Executive Director of Personnel Services satisfactory proof of
his or her order to report for duty. Upon return and upon showing of proof of actual
service pursuant to such orders, he or she will be reinstated as provided in Section 9-
143 of the Civil Service Rules and Regulations of the City of Santa Ana.
B. Temporary. Members of the reserve forces of the United States or the National
Guard, granted temporary leave when ordered to duty, in accordance with the
Military and Veterans Code, will be granted leave with pay not to exceed thirty (30)
working days in each calendar year after one (1) year's service with the City upon
presenting satisfactory proof of orders to and from such temporary active duties.
11.4 Jury and Witness Leave. When an on-duty employee is called to serve as a juror or witness
in any court action, he or she shall be allowed to leave for the time actually required for such
service without loss of pay. Each on-duty employee called for such service shall present to
the Police Chief for examination the subpoena calling him or her to such service and shall
pay into the City Treasury the fees collected for such service, with the exception of
reimbursement for transportation expenses, if any.
11.5 Examination Leave. Employees participating in examinations conducted during their normal
working hours for positions in the competitive service of the City of Santa Ana will be
granted leave with pay for the time actually required without loss of any accrued vacation
time off benefits.
~o
11.6 Unauthorized Absence. unauthorized absence from duty for any duration of time may be
considered cause for dismissal.
11.7 Authorized Absence Without Pay -Short Term. Absence without pay, not to exceed five (5)
consecutive working days, maybe authorized by the Police Chief. Absence without pay, not
to exceed fifteen (15) calendar days, maybe authorized by the Department with the approval
of the City Manager. Such an absence may be authorized only if, in the judgment of the
Police Chief, it serves the best interest of the City.
11.8 Authorized Absence Without Pang 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 without pay for up to six (6)
months.
An employee returning to duty with the City shall inform the Police Chief and the Executive
Director of Personnel Services of his or her intention at least thirty (30) calendar days prior to
the expiration of the six (6) months' period or a shorter period of the full six (6) months if
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 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 adjustments or to the accrual of vacation,
seniority and any other benefits.
11.10 Administrative Leave Policy. The City Manager is authorized to grant, at his discretion, paid
or unpaid administrative leave for employees covered by this Agreement.
11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of catastrophic non-industrial medical
condition or injury, the City and Association agree to implement a Catastrophic Leave
Donation procedure,.
31
Nothing herein shall be construed to alter City policies and procedures as provided in the
Charter or ordinances of the City of Santa Ana or other provisions of this Agreement with
regard to granting unpaid leaves of absence.
The Catastrophic Leave benefit will be provided for non-industrial injury or sickness only.
The leave shall cover the uncompensated time prior to the employee becoming eligible for
L.T.D. benefits.
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 or one 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 (2) hour increments,
except in lieu holidays must be for eight (8) hours.
4. Any authorization of donations not made in accordance with the procedures
outlined in Section C, subparagraph 2 below, will not be processed.
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave.
B. Eli ibility. Regular, full-time employees shall be eligible for Catastrophic Leave
donations if the following criteria are met:
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/her designee has approved a written request for
donations accompanied by a medical statement from the employee's
3?
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.
Upon receipt of a valid request. for donations from an eligible employee, the
Police Chief or his or her designee shall post a notice of the eligible
employee's need for donations on bulletin boards accessible to employees.
No confidential medical information shall be included in the posted notice.
2. Employees wishing to donate time to an eligible employee must sign his or
her authorization of the transfer of such donated time and provide:
a. His/her name, department name, and employee number.
b. The number of hours of compensatory or vacation time of the
donation within the limitations of Section A, subparagraph 3 above.
c. The name, department and employee number of the recipient.
d. A statement indicating that the donor understands such donation of
time is irrevocable.
33
ARTICLE XI1
12.0 EMPLOYEF, INSURANCE
12.1 Health Insurance. The City shall contribute the following amounts toward the payment of
premiums for affected employees and their dependents under the California Public
Employees' Retirement System (CaIPERS) health insurance programs.
A. Effective March 1, 2005, January 1, 2006, January 1, 2007, January 1, 2008, January
1, 2009, and January 1, 2010, respectively, the City shall contribute toward medical
premiums an amount consistent with the rates then in effect for the "employee-only"
and "family" tiers, respectively, of the CaIPERS Kaiser "Other Southern California"
HMO plan. The "employee only" tier applies to employees who have no
dependents. Effective January 1, 2006, the City established a Cafeteria Benefit Plan
for employees covered by this Agreement.
B. Any contribution necessary to maintain benefits under any health insurance program
provided by the City for its employees and their eligible dependents in excess of the
amounts of the City contribution specified above shall be borne entirely by the
employee.
C. For each such employee who is covered under a spouse's non-City sponsored health
plan, the City will pay the employee a cash payment each month in an amount equal
to one hundred percent (100%) of the monthly premium amount for the City's lowest
"employee-only" coverage, if said employee waives, in writing, City-paid coverage.
If an employee waives City provided coverage, said employee shall provide proof of
medical insurance coverage in a non City-sponsored health plan. Said waiver shall
include a provision warning such employee that reentry into any of City-sponsored
plans is allowed only at open enrollment, unless there is a qualifying event, and may
require proof of insurability for such employee and/or family.
12.2 Dental Insurance. The City agrees to contribute toward the payment of premiums for dental
insurance plans provided by the City for employees covered by this Agreement and their
eligible dependents on the following basis:
Effective March 1, 2005:
A. One hundred percent (100%) of the premium cost for "employee-only" coverage.
B. tJp to eighty dollars ($80) per month per employee for "family" coverage.
34
Effective January 1, 2006:
A. One hundred percent (100%) of the premium cost for "employee-only" coverage.
B. Up to ninety dollars ($90) per month per employee for "family" coverage.
Effective January 1, 2007:
A. One hundred percent (100%) of the premium cost for "employee-only" coverage.
B. Up to one hundred ($100) per month per employee for "family" coverage.
Effective January 1, 2008:
A. One hundred percent (100%) of the premium cost for "employee-only" coverage.
B. Up to one hundred ten dollars ($110) per month per employee for "family"
coverage.
Any contribution necessary to maintain benefits under said dental plans in excess of the
amount set forth above shall be borne entirely by the employee.
For each such employee who is covered under a spouse's non-City sponsored dental plan, the
City will pay the employee a cash payment each month in an amount equal to one-hundred
percent (100%) of the City's contribution, if the employee waives, in writing, City-paid
coverage. Such waiver shall include a provision warning such employee that reentry into any
City-sponsored plan is allowed only at open enrollment, unless there is a qualifying event,
and may require proof of insurability for such employee and/or family.
12.3 Disability Insurance. The City shall continue to pay one hundred percent (100%) of the
premium cost for a long term disability insurance plan for employees covered by this
Agreement as said plan was amended effective November 1, 1985, to provide Unrepresented
Management personnel a monthly benefit of sixty-six and two-thirds percent (66 2/3%) of
base monthly salary (insured payroll), less offsets contained in the existing plan, to a
maximum monthly benefit of $5,000.
12.4 Life Insurance. The City shall continue to pay one hundred percent (100%) of the premium
cost for term life insurance coverage under the policy it maintains on behalf of its officers
and employees in order to provide employees covered by this Agreement with life insurance
coverage in an amount equal to twice such employee's annual rate of salary to a maximum of
three hundred thousand dollars ($300,000), provided said affected employees can provide
evidence of insurability of coverage above one hundred fifty thousand dollars ($150,000) if
~5
so required by the terms and conditions of said term life insurance policy.
In the event any such employee is determined to be ineligible for said insurance coverage, the
City will attempt to provide as much coverage as may be obtained at reasonable cost without
having to provide evidence of insurability.
12.5 The City shall retain the right to change health, dental and life insurance carriers, administer
the insurance benefits provided thereunder, and select and/or change any excess or
supplemental insurance carriers as a part of any self-insurance plan during the term of this
Agreement, provided that employees covered by this Agreement continue to receive
equivalent benefits and provided that the parties have met and conferred before the changes
have been made.
12.6 Option to Redesignate Certain Contributions. Affected employees shall have the option of
redesignating coverage under any City-sponsored group, medical, dental, long-term
disability, or life insurance plan. Effective January 1, 2006, the amount allowed for
redesignation of dental coverage is equal to the amount of City contribution (i.e. $90/month
in 2006, $100/month in 2007, and $110/month in 2008). The amount allowed for
redesignation of medical coverage is equal to the amount of City contribution toward medical
premiums for either the "employee-only" or "family" tier, respectively, during the term of the
Agreement. The amount allowed for redesignation of long-term disability or life coverage,
respectively, is equal to the amount actually paid by the City on behalf of the employee. The
amounts referenced above may be applied to the options within the cafeteria plan.
If two City employees are married, at least one of the two employees must maintain
insurance coverage. The amount of money that can be redesignated by the employee waiving
coverage is limited to the value of the "employee-only" level within each type of insurance.
In the event the City experiences an adverse impact in rates due to utilization of the
redesignation option, the City and PMA agree to meet and confer over the impact.
12.7 Medical Retirement Subsidy Plan. Effective July 1, 1998, July 1, 1999, July 1, 2000, and
July 1, 2001, respectively, the City contributed an amount equal to one-half of one percent
(.5%) of the bargaining unit's salary base for the purpose of providing a retiree health
insurance subsidy plan. The specific payments made to members of the Association pursuant
to this plan shall be designated at the sole discretion of the Association. The plan shall be
administered by the City, at no cost to the Association or its members, in such a manner as to
insure that the funds are invested in a reasonably secure plan that bears a reasonable rate of
interest/growth given current financial markets. For purposes of this Agreement, investments
made pursuant to the then current Statement of Investment Policy for the City of Santa Ana,
shall be deemed to meet the requirements of this section. Effective June 30, 2002, this .5%
contribution is eliminated.
36
A. Effective July 1, 2002, employees covered by this Agreement began contributing
one-half percent (.5%) of their base salary, plus pay additives, through payroll
deduction to a fund established by the PMA to subsidize the cost of retiree health
insurance premiums for qualified members. 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.
B. Effective October 1, 2006, the City began contributing one-half of one percent (.5%)
of the bargaining unit's salary base, plus pay additives, for the purpose specified
herein.
C. Effective October 1, 2008, the City began contributing an additional four tenths of
one percent (.40) for a total City contribution of nine tenths of one percent (.90%) of
the bargaining unit's salary base, plus pay additives, for the purpose specified herein.
D. Effective October 1, 2009, the City began contributing an additional three and one-
halftenths of one percent (.35%) for a total City contribution of one and one quarter
percent (1.25%) of the bargaining unit's salary base, plus pay additives, for the
purpose specified herein.
E. Effective November 28, 2011, the City adopted a resolution, authorizing
implementation of the "Vantage Care" Retirement Health Savings Plan ("RHS),
which designated ICMA-RC as the administrator of the plan.
1. All contributions previously designated for deposit in the PMA Medical
Retirement Subsidy Plan funds, pursuant to Article XII, Section 12.7 of the
current MOU between the City and the PMA, shall now be deposited into the
Retirement Health Savings Plan established specifically for the PMA. This
shall include all contributions made by the City and all contributions made by
employees pursuant to this Section.
2. Additionally, the contribution recently made by the City in October 2011,
totaling one and one-quarter percent (1.25%) of base salary, plus pay
additives, shall be deposited in the individual accounts of the PMA members
established with plan administrator ICMA-RC. Effective duly 1, 2012 or as
soon as practicable following Council approval of this Agreement, this one
and one-quarter percent (1.25%) of base salary, plus pay additives, shall be
deposited each may period in the individual accounts of PMA members
established with plan administrator ICMA-RC.
3. The contribution made by employees since October 2011, totaling one half of
one percent (.50%) of base salary, plus pay additives, shall be deposited in the
37
individual accounts of the PMA members established with plan administrator
ICMA-RC. Effective July 1, 2012 or as soon as practicable following
Council approval of this Agreement, this one half of one percent (.50%) of
base salary, plus pay additives, shall be deposited each pay period in the
individual accounts of PMA members established with plan administrator
ICMA-RC.
4. PMA shall determine how the existing PMA Medical Retirement Subsidy
Plan funds will be distributed among its membership.
In addition to the contributions referenced above, a PMA bargaining unit
member may contribute unused sick leave, vacation, and other benefits to the
trust as soon as practicable.
6. Any future negotiated City contributions to PMA shall be deposited into the
Retiree Health Savings Plan.
7. The program is not intended to create any form of lifetime insurance subsidy,
benefit or entitlement.
12.8 Vision Insurance. Effective as soon as practicable, the City agrees to implement, through
payroll deduction, anon-participatory vision care plan through Eye Med. This plan is
voluntary on behalf of the employee and shall be fully funded by the participating employee.
38
ARTICLE XIII
13.0 DEFERRED COMPENSATION
13.1 Effective January 1, 1977, employees covered by this Agreement were granted a one percent
(1%) salary increase to be utilized toward deferred compensation. Effective July 1, 1991, to
comply with Ca1PERS salary reporting requirements, salary rate ranges for employees
covered by this Agreement were adj usted upward by one percent (1 %) to reflect the deferred
compensation as salary. For salary reporting purposes, the deferred compensation was shown
as part of salary, rather than as an add-on benefit. The amounts contributed by the City under
this article shall be subject to provisions as outlined in the Internal Revenue Code (IRC) 457.
Furthermore, all new contributions and existing assets are to be held. for the exclusive
benefit of the participants and beneficiaries.
39
ARTICLE XIV
14.0 RETIREMENT
14.1 General. The terms of the existing contract between the City and California Public
Employees' Retirement System (Ca1PERS) governing the City retirement benefits of
employees covered. by this Agreement are incorporated by reference herein. The City shall
continue to make contributions to CaIPERS in accordance with its contract with Ca1PERS for
employees covered by said contract as amended.
14.2 Deferred Retirement. The City will continue to make payment to Ca1PERS on behalf of each
affected employee, in an amount necessary to pay one hundred percent (100%) of his or her
individual employee retirement contribution. Such payments shall be credited to the
individual employee's Ca1PERS account.
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 are not increases in base salary and no salary rate ranges 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, and not ordinary income.
For the purpose of reporting an employee's compensation to Ca1PERS, the City shall include
these payments as if they were part of the employee's base salary.
In the event that the City receives a ruling from the Internal Revemte 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 said employee shall forthwith be increased by eighteen (18) salary rate ranges (9%) for
"safety member" employees covered under the 3% at age 50 CaIPERS formula and sixteen
(16) salary rate ranges (8%) for all "miscellaneous member" employees covered under the
2.7% at age 55 CaIPERS Formula.
14.3 1959 Survivor's Benefit. Effective December 7, 2002., the City shall provide CaIPERS
fourth level of 19.59 Survivor's Benefits to all eligible employees in the unit.
~o
14.4 Pre-Retirement Optional Settlement 2 Death Benefit. Effective July 5, 2000, the City shall
provide the Pre-Retirement Optional Settlement 2 Death Benefit to all employees covered by
this Agreement.
14.5 2.7% at 55 Service Retirement Benefit for Miscellaneous Members. Effective January 1,
2009, the City amended its retirement contract with Ca1PERS to provide "miscellaneous"
employees covered by this Agreement with the 2.7% at 55 Service Retirement benefit.
Pursuant to Ca1PERS regulations, this new formula applies to employees that are in active
status on the date this amendment takes effect. This new formula applies to each year of
eligible service credited with the City of Santa Ana.
Payment of 2.7% at 55 Service Retirement Benefit Effective July 1, 2012, all
"miscellaneous" employees covered by this Agreement shall begin paying an additional 1.7%
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). This
additional 1.7% contribution added to the 6.3% contribution already being paid equals a total
contribution of 8% for "miscellaneous" employees covered by this Agreement.
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.
14.6 3% at 50 Service Retirement Benefit for Safety Members. The City amended 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. Safety employees covered by this
Agreement agree to pay 1.42% of Ca1PERS reportable compensation toward the cost of the
3% at 50 enhanced retirement formula.
Effective July 1, 2011, "safety" members shall contribute an additional one percent (1 %) of
payroll to Ca1PERS 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 1 % for cost sharing., safety employees shall pay a total of 2.42% of their salary to
pay for the employer portion of the City's PERS contribution in accordance with
Government Code Section 20516(f). This additional 1 % contribution shall be implemented
through payroll deduction on a pre-tax. basis. Effective July 1, 2012, "safety" members shall
contribute an additional 5.5% (for a total of 7.92%) of safety payroll. This additional
contribution shall be implemented through payroll deduction on a pre-tax basis.
Effective July 1, 2013, "safety" members shall contribute an additional 1.08% (for a total of
9.0%) of payroll to CaIPERS to pay for the employer portion of the City's PERS
41
contribution. This contribution shall he paid in accordance with Government Code Section
20516(f). Said additional contribution is contingent on sworn members of the Police
Officers Association (POA) paying the same amount. This additional 1.08% contribution
shall sunset on June 30, 2014.
14.7 Military Service Credit as Public Service. Effective March 8, 2001, "safety" employees and
effective Apri15, 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.
14.8 Deferred Retirement Option Plan (DROP. If the Deferred Retirement Option Plan (DROP)
is enacted by the State of California during the term of this Agreement, the City and PMA
agree to reopen this Agreement to meet and confer regarding this option.
14.9 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.
42
ARTICLE XV
15.0 CREDIT UNION DEDUCTION
15.1 The City shall permit an employee covered by this Agreement to have a deduction made
from his or her payroll check. for the Santa Ana Federal Credit Union, provided that the
employee executes a written authorization on the payroll deduction form provided by the
City.
43
ARTICLE XVI
16.0 EXPANDED RESIDENCY
16.1 The City shall continue to permit employees covered by this Agreement to reside outside the
limits of Orange County, so long as such residency is not an unreasonable distance nor
requires an unreasonable response time to the particular employee's place of employment.
Any affected employee who desires to take advantage of the opportunity to reside outside of
Orange County shall first request permission to do so from the Police Chief. Said request
shall be granted by the Police Chief if it is determined that the intended residence is not an
unreasonable distance nor requires an unreasonable response time to the employee's place of
employment.
Should the Police Chief refuse any such request, the employee shall have the right of appeal
of said determination to the City Manager for reconsideration.
44
ARTICLE XVII
17.0 CONTROLLED PARKING AND TAKE HOME VEHICLE PRIVILEGES
17.1 Parkin. The City shall provide non-sworn employees covered by this Agreement with free
parking for personal vehicles during on-duty hours in controlled parking facilities in the
Civic Center area.
17.2 Take Home Vehicle. All employees in the classifications of Police Captain and Police
Lieutenant shall receive aCity-owned and maintained vehicle for traveling between the
employee's residence and the Police Department or other business-related location, as
necessary in the performance of his or her duties.
45
ARTICLE XVIII
18.0 DISCIPLINE
18.1 An employee covered by this Agreement may only be disciplined in accordance with the
standards and procedures and subjects to all rights of appeal set forth in Section 1 OOOd of the
City Charter and Municipal Code Sections 9-9, 9-10, 9-1 18.1 et. seq.
18.2 In addition, a new section shall be added to the Municipal Code to provide as follows:
A. In the event an employee is ordered to absent himself from the job based on probable
cause and it is subsequently determined by the Police Chief, the City Manager,
Personnel Board or a court of competent jurisdiction, that cause did not exist for the
ordered absence, the employee shall have restored to him any paid leaves of absence
against which such absence may have been charged, and he shall be granted a
retroactive leave of absence with pay for the time during which he was prohibited
from performing the duties of his position, less any compensation paid to him by the
City during such ordered absence.
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 of 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 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.
46
ARTICLE XIX
19.0 GRIEVANCE REVIEW PROCEDURE
19.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an
employee or group of employees of 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 Personnel Board by those provisions of
the City Charter and the Civil Service Rules and Regulations.
No employee shall suffer any reprisal because of filing or processing of a grievance or
participation in the Grievance Review Procedure.
19.2 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 given rise to the grievance.
B. Every effort shall be made to find an acceptable solution to the grievance through this
informal means at the most immediate level of supervision.
C. In order that this informal procedure may be responsive, both parties involved shall
expedite this process. If, within five (5) working days, a mutually acceptable solution
has not been reached at the informal level, the employee and/or the employee's
designated representative shall then set forth the grievance in writing, indicate the
nature of the action desired, sign it, and submit it to the employee's Police Chief. At
this point, the grievance review process becomes formal. Should the grievant and/or
his or her designated representative fail to file a written grievance, and in the manner
specified above, within ten (10) working days after first discussing the grievance with
the employee's immediate supervisor, the grievance shall be barred and waived.
19.3 Formal Process.
A. If a grievance is not resolved through the informal process, and a written grievance is
filed within the time limits set forth above, the grievant's immediate supervisor shall
add his or her comments and any justification he or she considered proper, sign it,
and forward it to the Police Chief without undue delay or, in no case, more than ten
(l 0) calendar days.
47
B. If the grievant files a written grievance to the Police Chief in the manner and within
the time limits specified, then a conference shall be held at the request of the
employee or the Police Chief.
C. Police Chief shall inform the employee of his action within ten (10) calendar days
after the receipt of the request of the settlement. The original of the grievance form
and the Chief's decision shall be filed in the Personnel Records of the Department.
D. If no satisfactory settlement has been reached at the Department level, the employee
may, within ten (10) 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 a basis of the Police Chief's response.
E. The City Manager or his duly authorized representative, after a careful review, shall
render a final decision on the merits of the grievance, in writing, and return it to the
grievant within thirty (30) calendar days after receiving the grievance. A copy of the
written grievance to the City Manager, or his duly authorized representative, and of
the City Manager's or his representative's written decision shall be filed in the
Personnel Records of the Department and the grievant's personnel jacket maintained
in the Personnel Services Department.
F. After the procedures set forth in this Article have been exhausted, the grievant, the
Association, and the City shall have all rights and remedies to pursue said grievance
under the law.
its
ARTICLE XX
20.0 DUES DEDUCTION AND INDEMNIFICATION
20.1 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 fiords to the Association within thirty (30j days following their deduction.
20.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City
against any claims, causes of action, or lawsuits instituted by a member or members of the
Association arising out of the deductions or transmittal of 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.
a~
ARTICLE XX1
21.0 CITY RIGHTS
21.1 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 workforce 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 contract for or subcontract any work or
operation of the City.
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 nondisciplinary 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
o
accordance with the provisions set forth in the City Charter and Santa Ana Municipal
Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for nondisciplinary reasons in
accordance with this Agreement.
O. To determine policies, procedures and standards including, but not limited to, quality
and quantity standards and to require compliance therewith.
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.
21.2 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 this Agreement.
21.3 Lam. During the term of this Agreement, the City agrees to meet and confer regarding
both t11e decision and the impact of layoffs to the ranks of Police Lieutenant (Commander) or
Police Captain (Deputy Chief), respectively.
21.4 Transfer of Bar ag inin~ Unit Work. As required by the Meyers-Milias-Brown Act, the City
agrees to meet and confer prior to the implementation of said transfer as follows:
A. Transfer of bargaining unit work from a PMA. classification to a class not represented
by the PMA; or
B. Transfer of work from a classification outside the PMA to a classification represented
by the PMA.
51
ARTICLE XXII
22.0 STRIKES AND WORK STOPPAGES
22.1 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, workout, 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.
22.2 Association Responsibility. In the event that the Association, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Subsection A,
Section 22.1 above of this Article, 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 the conduct prohibited and return to work.
S7
ARTICLE XXIII
23.0 SOLE AND EN"TIRE 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 ofthe 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.
5;
AR"T~ICLE XXIV
24.0 WAIVER OF BARGAINING DURING THE TERM OF 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 of conditions of employment,
whether or not covered by this Agreement or in the negotiations leading thereto, unless
required by specific provision 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.
54
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 or by statue, 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.
5~
ARTICLE XXVI
26.0 TERM OF AGREEMENT
26.1 The term of this Agreement shall be from July 1, 2008 through June 30, 20 ] 4.
>6
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 2nd day of July, 2012.
CITY OF SANTA ANA, a municipal
Dated: ,,~,F ' .~ ~ ~~?
Dated: ~,- ~ '~v
Dated: / U- ,N ~~ ~ 1 ~'l By: ~~1 , ~~
EX CUTIVE D T R - PE1~ISONNEL
SERVICES
ATTEST:
~~~~~ ~J ~
CLERK OF THE COUNC~k~/~
APPROVED AS TO FORM:
CIT ATTOR
57
B~ ~~, -
CITY MANAGER
This Agreement has been ratified by the membership of the Santa Ana Police Management
Association. -_.
- _.'° a
-~
Dated: D Z ~ _
SIDENT, S TA ANA POLICE
MANAGEMENT ASSOCIATION
58
SALARY SCHEDULE MATRIX
0 1 2 3 4 5 6 7 8 9
41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612
42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693
43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778
44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866
45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960
46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058
47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160
48 2169 2179 2190 2201 22]2 2223 2234 2246 2257 2268
49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381
50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500
51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626
52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758
53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896
54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040
55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192
56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352
57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519
58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695
59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880
60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074
61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278
62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493
63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718
64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954
65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201
66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461
67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734
68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021
69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322
70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638
EXHIBIT A
59
0 1 2 3 4 5 6 7 8 9
71 6670 6702 6735
72 7005 7039 7073
73 7355 7391 7427
74 7723 7761 7799
75 8109 8149 8189
76 8515 8557 8599
77 8941 8985 9029
78 9388 9434 9482
79 9857 9906 9955
80 10350 10401 10453
81 10868 10922 10976
82 11411 11468 11525
83 11982 12041 12102
84 12581 12643 12707
85 13210 13275 13342
86 13871 13939 14009
87 14565 14636 14709
88 15293 15368 15444
6768
7107
7463
7837
8229
8641
9073
9529
10005
10506
11031
11583
12162
]2770
13409
14079
14783
15522
6801
7141
7499
7875
8269
8683
9117
9577
10055
10558
11086
11640
12223
12834
13476
14150
14858
15601
6835 6869
7176 7211
7535 7571
7913 7951
8309 8349
8725 8767
9161 9205
9625 9673
10105 10156
10611 10664
11142 11198
11699 11757
12284 12345
12898 12963
13543 13611
14220 14292
14931 15007
15678 15757
6903
7247
7609
7989
83 89
8809
9250
9721
10207
10717
11254
11816
12407
13027
13678
14362
15080
15834
6937 6971
7283 7319
7647 7685
8029 8069
8431 8473
8853 8897
9296 9342
9770 9819
10258 10309
10771 10825
11310 11366
11875 11934
12469 12532
13093 13158
13748 13816
14435 14507
15157 15232
15915 15994
60
EXHIBIT B
ASSIGNMENT OF CLASSES REPRESENTED BY THE
SANTA ANA POLICE MANAGEMENT ASSOCIATION TO
SALARY RATE RANGES FOR THE PERIOD OF THE MOU
JULY 1, 2008 THROUGH JUNE 30, 2014
SALARY RATE RANGES EFFECTIVE
JULY 1, 2012 THROUGH JUNE 30, 2013
Ca1PERS SAFETY MEMBER CLASSES
(assigned to 4 step salary rate ranges)
CLASS TITLE
Police Captain
Police Lieutenant
NO. MIN-MAX
832 $12,102-14,009
798 $10,258-11,875
Ca1PERS MISCELLANEOUS MEMBER CLASSES
(assigned to 5 step salary rate ranges)
NO.
Jail Administrator 811
Police Administrative Manager 752
Police Communications Manager 737
Police Systems & Communications Manager 742
MIN-MAX
$10,922-13,275
$ 8,189- 9,955
$ 7,609- 9,250
$ 7,799- 9,482
61
X
?n
of
FOURTH SIDE LETTER AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE MANAGEMENT ASSOCIATION
FOR FISCAL YEARS 2010-14
A-2012-147
The following provisions of the parties' MOU are amended as set forth below. New language is in bold italics
as follows:
ARTICLE I - RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the
City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana Police Management
Association (hereinafter called the "Association") as the recognized representative of the bargaining unit
which include Police Department employees in the classifications of Police Records Manager, Police
Property & Facilities Manager, Police Communications Manager, Police Lieutenant and Police Captain.
Effective July 1, 2012, the vacant classifications of Police Records Manager and Police Property &
Facilities Manager shall be eliminated. Effective July 1, 2012, the new classifications of Police
Administrative Manager and Police Systems and Communications Manager shall be added to the
Association as represented titles. Effective July 1, 2012, the classification of Jail Administrator shall be
transferred to the Association as a represented title.
ARTICLE IV - SALARIES
4.3 Salaries
A. Effective July 1, 2012, the base salary of employees covered by this Agreement shall be increased
seven salary rate ranges (approximately 3.516).
B. Effective July 1, 2012, sworn employees covered by this Agreement shall contribute an additional
5.5% (for a total of 7.91%) to pay for the employer portion of the City's PERS contribution as more
fully addressed below in Section 14.6. This contribution shall be paid in accordance with
Government Code section 20516(f).
C. Effective July 1, 2013, sworn employees covered by this Agreement shall contribute an additional
1.08% (for a total of 9.0%) of their salary to pay for the employer portion of the City's PERS
contribution as more fully addressed below in Section 14.6. Said additional contribution is
contingent on sworn members of the Police Officers Association (POA) paying the same amount.
This contribution shall be paid in accordance with Government Code section 20516(f) and shall
sunset June 30, 2014.
D. Effective July 1, 2012, non-sworn employees covered by this Agreement shall contribute an
additional 1.7% (for a total of 8%) of their salary to pay for the employer portion of the City's PERS
contribution as more fully addressed below in Section 14.5. This contribution shall be paid in
accordance with Government Code section 20516(f).
E. There shall be no across-the-board salary increase during FY 2013-14 for members of this bargaining
unit, except in the event Section 43F, below, is triggered.
PMA 2010-14 Contract Extension Page 1
F. In the event the Police Officers Association receives any additional wage or benefit compensation
prior to June 30, 2014, the PMA would also receive said additional wages or benefits.
G. Effective upon Council approval of this Agreement, the City agrees to begin recruitment for two (2)
Lieutenant (Commander) positions.
ARTICLE IX - HOLIDAYS
9.6 Leave Cash Option. Employees covered by this Agreement may cash out a combination of holiday, regular
and/or longevity vacation, and management vacation leaves, up to a maximum of 120 hours in a calendar
year. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal
Year 2009-10 an employee's ability to cash out holiday leave, regular and/or longevity vacation leave, and
management vacation leave. Effective July 1, 2010, employees began cashing out holiday leave, as defined
in 9.6A1 below. Effective July 1, 2011 through June 30, 2012, employees choosing to cash out a
combination of holiday, regular and/or longevity vacation, and management leaves may begin to do so, up
to a maximum of 174 hours in a calendar year. mss= Effective July 1, 2012 through June 30, 2013,
employees may cash out eligible holiday leave balances only, up to a maximum of 106 hours. Effective
July 1, 2013 through June 30, 2014, employees choosing to cash out a combination of holiday, regular
and/or longevity vacation, and management leaves may do so up to a maximum of 305 hours. Effective
July 1, 2014 through June 30, 2015, employees choosing to cash out a combination of holiday, regular
and/or longevity vacation, and management leaves may do so up to a maximum of 260 hours.
A. Holiday Leave: Employees may receive cash compensation, computed on a straight time basis, up to a
maximum of eighty (80) hours of their holiday leave benefits, including the floating holiday, set forth in
Section 9.2 above. Effective July 1, 2009, all employees covered by this Agreement shall defer for the
duration of Fiscal year 2009-10 an employee's ability to cash out holiday leave time. The ability to cash
out holiday leave time shall be reinstated on July 1, 2010. Such deferral shall not affect an employee's
ability to be compensated for accumulated holiday leave time upon separation from employment with
the City, not to exceed a maximum of 160 hours.
1. Effective July 1, 2010 through June 30, 2013, employees choosing to cash out their holiday time
may do so to a maximum value of 106 hours per year.
2. Effective July 1, 2013, holiday leave cash out maximums shall revert to 80 hours per year.
B. Regular and/or Longevity Vacation Leave: Employees may receive cash compensation, computed on a
straight time basis, for up to a maximum of eighty (80) hours of earned, unused regular vacation leave
(which includes longevity vacation) benefits, set forth in Sections 10.2 and 10.3, respectively, herein.
Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal
Years 2009-10 and 2010-11, respectively, an employee's ability to cash out vacation leave time. The
ability to cash out vacation leave time shall be reinstated July 1, 2011. Effective July 1, 2012, all
employees covered by this Agreement shall defer for the duration of Fiscal Year 2012-13 an
employee's ability to cash out vacation leave time. The ability to cash out vacation shall be
reinstated July 1, 2013. Such deferral shall not affect an employee's ability to cash out vacation leave
time upon separation of employment with the City.
PMA 2010-14 Contract Extension Page 2
Effective July 1, 2011 through dune '^",-June 30, 2012, employees choosing to cash out their
vacation leave time may do so up to a maximum value of 133 hours per year.
Effective July 1, 2012, employees shall defer vacation leave cash out during Fiscal Year 2012-13.
Effective July 1, 2013 through June 30, 2014, employees choosing to cash out their vacation leave
time may do so up to a maximum of 200 hours per year.
Effective July 1, 2014 through June 30, 2015, employees choosing to cash out their vacation leave
time may do so up to a maximum of 150 hours per year.
Effective July 1, 2015, regular/longevity vacation leave cash out maximums shall revert to 80
hours per year.
C. Management Vacation Leave: Employees may receive cash compensation, computed on a straight
time basis, up to a maximum of forty (40) hours of earned, unused management vacation leave
benefits, set forth in Section 10.7 herein. Effective July 1, 2009, all employees covered by this
Agreement shall defer for the duration of Fiscal years 2009-10 and 2010-11, respectively, an
employee's ability to cash out management vacation time. The ability to cash out management
vacation time shall be reinstated July 1, 2011. Effective July 1, 2012, all employees covered by this
Agreement shall defer for the duration of Fiscal year 2012-13 an employee's ability to cash out
management vacation time. The ability to cash out management vacation shall be reinstated July 1,
2013. Such deferral shall not affect an employee's ability to cash out management vacation time upon
separation of employment with the City. Effective July 1, 2012, employees covered by this Agreement
shall begin earning an additional 60 hours of management vacation leave for a total accrual of 100
hours. During calendar year 2012, employees shall earn the prorated amount of 30 hours of
management vacation leave for a total accrual of 70 hours.
1. Effective July 1, 2011 through du; a '^,??T June 30, 2012, employees choosing to cash out their
management vacation leave time may do so up to a maximum value of 67 hours per year.
2. Effective July 1, 2012, employees shall defer management vacation leave time cash out during
Fiscal Year 2012-13.
3. Effective July 1, 2013 through June 30, 2014, employees choosing to cash out their management
vacation leave time may do so up to a maximum of 175 hours per year.
4. Effective July 1, 2014 through June 30, 2015, employees choosing to cash out their management
vacation leave time may do so up to a maximum of 150 hours per year.
5. Effective July 1, 2015, management vacation leave cash out maximums shall revert to 100 hours
per year.
The terms and conditions identified in "bold type" above apply to the Cash Option set forth in 9.6 above for
the period of time beginning July 1, 2009, and ending ju a 30, 2001T June 30, 2015. Effective 'ul y , 2014, July
1, 2015, these terms and conditions no longer apply and the Cash Option reverts to that set forth above
(maximum of 120 hours of combined holiday, regular or longevity vacation, and/or management vacation.)
Such cash option may be eliminated or modified to the extent it is construed as overtime under Department of
Labor Guidelines implementing provisions of the Fair Labor Standards Act.
Dr
r-alpad
t-G
the repthrpimpnt date If an employee cwsh.e-s -0-git hi-r- -er. her. eggible I-Peimp bank -balanees p4aF-t-G
PMA 2010-14 Contract Extension Page 3
D. PMA members who notify the City, in writing, of their intent to retire within 12 calendar months
shall be allowed to cash out any and all eligible leave bank balances, including sick leave, upon
request. Employees shall receive payment as soon as practical, and no longer than 30 days after the
request has been made. If an employee cashes out his or her eligible leave bank balances prior to
retirement and subsequently does not retire from City employment, said employee shall immediately
reimburse the City for the value of all cashed out leave.
ARTICLE XII - EMPLOYEE INSURANCE
12.7E Medical Retirement Subsidy Plan
2. Additionally, the contribution recently made by the City in October 2011, totaling one and
one-quarter percent (1.25%) of base salary, plus pay additives, shall be deposited in the
individual accounts of the PMA members established with plan administrator ICMA-RC.
Effective July 1, 2012 or as soon as practicable following Council approval of this
Agreement, this one and one-quarter percent (1.25%) of base salary, plus pay additives,
shall be deposited each pay period in the individual accounts of PMA members
established with plan administrator ICMA-RC.
3. The contribution made by employees since October 2011, totaling one half of one percent
(.50%) of base salary, plus pay additives, shall be deposited in the individual accounts of
the PMA members established with plan administrator ICMA-RC. Effective July 1, 2012 or
as soon as practicable following Council approval of this Agreement, this one half of one
percent (.50%) of base salary, plus pay additives, shall be deposited each pay period in
the individual accounts of PMA members established with plan administrator ICMA-RC.
ARTICLE XIV - RETIREMENT
14.1 General. The terms of the existing contract between the City and California Public Employees'
Retirement System (CaIPERS) governing the City retirement benefits of employees covered by this
Agreement are incorporated by reference herein. The City shall continue to make contributions to
CaIPERS in accordance with its contract with CaIPERS for employees covered by said contract as
amended.
14.2 Deferred Retirement. The City will continue to make payment to CaIPERS on behalf of each affected
employee, in an amount necessary to pay one hundred percent (100%) of his or her individual
employee retirement contribution. Such payments shall be credited to the individual employee's
CaIPERS account.
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.
PMA 2010-14 Contract Extension Page 4
Such payments are not increases in base salary and no salary rate ranges 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, and
not ordinary income.
For the purpose of reporting an employee's compensation to CalPERS, the City shall include these
payments as if they were part of the employee's base salary.
In the event that the City receives a 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 said employee shall
forthwith be increased by eighteen (18) salary rate ranges (9%) for "safety member" employees
covered under the 3% at age 50 CalPERS formula and F^U 4) sixteen (16) salary rate ranges 4W4
(8%) for all "miscellaneous member" employees covered under the 2% at age S5 2.7% at age 55
CalPERS Formula.
14.3 1959 Survivor's Benefit. Effective December 7, 2002, the City shall provide CalPERS fourth level of
1959 Survivor's Benefits to all eligible employees in the unit.
14.4 Pre-Retirement Optional Settlement 2 Death Benefit. Effective July 5, 2000, the City shall provide the
Pre-Retirement Optional Settlement 2 Death Benefit to all employees covered by this Agreement.
14.5 2% at-SS-SeFv_ico-Retirement Benefit f r"I""'
?.???« nor M i°?ccI?a?icva5 Members 6aIREliS designated
"F ells euc'l amx?leyeeS represented by the n.-seeiati o
r r py-c?i rc??vc9n shall be severed bathe 26 ? at SJSJ
FetiFe.,e.At benefit Weetive duly 1, 1997, the City agreed to eery 2.266% e the coat P.d.?s GaIP ?
0
(1%) ef
0 fGF the 0 (1%) dedwetk),R
(1%) deduetien was elimiRated.
2.7% at 55 Service Retirement Benefit for Miscellaneous Members. Effective January 1, 2009, the City
agfees-to amended its retirement contract with CalPERS to provide Miscellaneous employees covered
by this Agreement with the 2.7% at 55 Service Retirement benefit. Pursuant to CaIPERS regulations,
this new formula will apply applies to employees that are in active status on the date this amendment
takes effect. This new formula will-apply applies to each year of eligible service credited with the City
of Santa Ana.
Payment of New 2.7% at 55 Service Retirement Benefit. Miscellaneous employees covered by this
Agreement agree to pay 6.3% of CalPERS reportable compensation toward the cost of the 2.7% at 55
enhanced retirement formula, as set forth in Article IV, Section 4.3A.
Effective July 1, 2012, all non-sworn employees covered by this Agreement shall begin paying an
additional 1.7% 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). This additional
PMA 2010-14 Contract Extension Page 5
1.7% contribution added to the 6.3% contribution already being paid equals a total contribution of
8% for non-sworn employees covered by this Agreement.
Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations,
the City shall make the above employee deductions pre-tax contributions.
14.6 3% at 50 Service Retirement Benefit for Safety Members. The City agFees +^ affleA' amended its
contract with CalPERS 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. 1^ E)FdeF +^ ^ ide this benefit +^ :+.. ^+ safety FnefflbeFS,
the Gity and Asseeiation agFee that eligible employees will pay a
+^ N:eoide this benefit, not to ^ ed 1.42% of safety p ^". Safety employees covered by this
Agreement agree to pay 1.42% of CaIPERS reportable compensation toward the cost of the 3% at 50
enhanced retirement formula.
Effective July 1, 2011, riwFFen; safety members shall contribute an additional one percent (1%) of
payroll to CaIPERS 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 1% for cost
sharing, safety employees shall pay a total of 2.42% of their salary to pay for the employer portion of
the City's PERS contribution in accordance with ef safety pay . Government Code Section 20516(f).
This additional 1% contribution shall be implemented through payroll deduction on a pre-tax basis.
Effective July 1, 2012, safety members shall contribute an additional ^^^ peKeR+ (!%) f Wtal ^f
3.42% 5.5% (for a total of 7.92%) of safety payroll. This additional contribution shall be implemented
through payroll deduction on a pre-tax basis.
Effective July 1, 2013, safety members shall contribute an additional 1.08% (for a total of 9.0%) of
payroll to CalPERS 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). Said additional contribution is
contingent on sworn members of the Police Officers Association (POA) paying the some amount.
This additional 1.08% contribution shall sunset on June 30, 2014.
"f^ "o it of itS new m
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14.7 Military Service Credit as Public Service. Effective March 81 2001, Safety employees and effective 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.
PMA 2010-14 Contract Extension Page 6
14.8 Deferred Retirement Option Plan (DROP). If the Deferred Retirement Option Plan (DROP) is enacted
by the State of California during the term of this Agreement, the City and PMA agree to reopen this
Agreement to meet and confer regarding this option.
44,9
,
14.499 Credit for Unused Sick Leave. Effective January 1, 2002, a non-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.
1440 ReepeneF FegaFdinp GaIPERS If
at a
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ARTICLE XVII - CONTROLLED PARKING AND TAKE HOME VEHICLE PRIVILEGES
17.1 Parking. The City shall EeatiAwe to provide non-sworn employees covered by this Agreement with free
parking for personal vehicles during on-duty hours in controlled parking facilities in the Civic Center
area.
17.2 Take Home Vehicle. ii4estive duly 1, 1998, All employees in the classifications of Police Captain and
Police Lieutenant shall receive a City-owned and maintained vehicle for traveling between the
employee's residence and the Police Department or other business-related location, as necessary in
the performance of his or her duties.
ARTICLE XXI - CITY RIGHTS
21.3 Laos. During the term of this Agreement, the City agrees to meet and confer regarding both the
decision and the impact of layoffs to the ranks of Police Lieutenant (Commander) or Police Captain
(Deputy Chief), respectively.
21.4 Transfer of Baraainina Unit Work. As required by the Meyers-Milias-Brown Act, the City agrees to
meet and confer prior to the implementation of said transfer as follows:
A. Transfer of bargaining unit work from a PMA classification to a class not represented by the PMA;
or
B. Transfer of work from a classification outside the PMA to a classification represented by the PMA.
PMA 2010-14 Contract Extension Page 7
ARTICLE XXVI -TERM OF AGREEMENT
26.1 The term of this Agreement shall be from July 1, 2010 through June 30, 2014.
ARTICLE XXVII - 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 Association and entered into this
2nd day of July 2012.
CITY OF SANTA ANA, a
Municipal Corporatio of the
State of C ' r
Dated: By: _
OR
Dated: l L.;. By.
CITY MANAGER
Dated: B ?t3Scl
EXECUTIVE DIRECTOR,
PERSONNEL SERVICES
ATTEST:
APPROVED AS TO FORM:
CLERK OF THE COUNCIL ?/CIT ATTORNEY
PMA 2010-14 Contract Extension Page 8
This Agreement has been ratified by the membership of the Santa Ana Police Management Association.
Dated: L S)" I Z---
By ,
STEPHEN J COLON, SAPMA PRESIDENT
PMA 2010-14 Contract Extension Page 9