HomeMy WebLinkAbout25A - AGMT -MOU - CASAREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 17, 2012
TITLE:
AGREEMENT WITH THE CONFIDENTIAL
ASSOCIATION OF SANTA ANA
i
C MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15t Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an agreement with the Confidential Association of Santa Ana regarding wages and other
terms and conditions of employment.
DISCUSSION
The City and the Confidential Association of Santa Ana (CASA) recently completed contract
negotiations resulting in a new Memorandum of Understanding (MOU).
The provisions of this agreement include:
1) Term: A two-year term, from July 1, 2012 through June 30, 2014.
2) Reinstatement of Scheduled Salary Increase: A 2% salary increase, deferred from its
scheduled effective date of January 1, 2012, will be retroactively applied to its original
effective date.
3) CalPERS Retirement: CASA employees hired after January 1, 2013 who receive the
2.7%@55 formula will make an additional contribution of 2.5% toward this benefit, for a
total contribution of 10.5%. CASA employees hired after January 1, 2013 who are new to
the CaIPERS system will receive the retirement formula and contribution charge that
complies with the recently-passed Assembly Bill 340.
25A-1
Agreement with the Confidential Association of Santa Ana
December 17, 2012
Page 2
4) Payment for Unused Sick Leave: Upon termination from employment, employees with 15
years of service shall be entitled to payment of 1 /2 of their unused sick leave, and
employees with 20 years of service shall be entitled to payment of 2/3 of their unused sick
leave.
5) Catastrophic Leave: Currently, employees on leaves of absence due to non-industrial
injury or illness who have exhausted their paid leave time may receive donations of paid
leave time from other employees. This provision would allow these employees to use all of
the donations they receive, beyond the point when their partial-salary long term disability
benefits begin.
6) Medical Retirement Subsidy Plan: CASA members will have the option of participating in a
Retiree Health Savings Plan (RHSP), which is a plan to provide for payment of health
insurance premiums and other qualified medical expenses post-employment on a tax-free
basis.
7) Joint Labor Management Teams: The City and CASA agree to form Joint Labor
Management Teams to: 1) identify jobs that have increased in complexity, 2) establish a
career development incentive plan, and 3) develop a paycheck direct deposit program.
8) Overtime: Sick leave shall not be included in the computation of a forty hour workweek
when determining overtime eligibility and payment.
FISCAL IMPACT
This agreement will result in a cost of $30,000 during fiscal year 2012-13 and a cost of $50,000
during fiscal year 2013-14 for a total cost to the City of $80,000 during the term of the agreement.
Funds are available in the salary accounts of the various agencies with CASA employees.
APPROVED AS TO FUNDS AND ACCOUNTS:
d aya Francisco Gutierrez
Executive Director Executive Director
Personnel Services Department Finance & Management Services Agency
25A-2
I
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
AND
CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA
JULY 1, 2010 THROUGH JUNE 30, 2014
25A-3
ABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLE I RECOGNITION 4
ARTICLE II NON-DISCRIMINATION CLAUSE 5
ARTICLE III IMPLEMENTATION 6
ARTICLE IV ATTENDANCE, WORKDAY & WORKWEEK 7
ARTICLE V SALARIES 12
ARTICLE VI ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 189
ARTICLE VII OVERTIME 245
ARTICLE VIII TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 289
ARTICLE IX HOLIDAYS 3-12
ARTICLE X VACATION 345
ARTICLE XI OTHER LEAVES OF ABSENCE 389
ARTICLE XII EMPLOYEE INSURANCE 437
ARTICLE XIII RETIREMENT 4850
ARTICLE XIV SAFETY 503
ARTICLE XV GRIEVANCE REVIEW PROCEDURE 5-14
ARTICLE XVI ASSOCIATION RIGHTS 536
ARTICLE XVII DUES DEDUCTION & INDEMNIFICATION 559
ARTICLE XVIII CITY RIGHTS 3760
ARTICLE XIX STRIKES & WORK STOPPAGES 5962
ARTICLE XX LAYOFFS 603
ARTICLE XXI MISCELLANEOUS PROVISIONS 625
ARTICLE XXII SOLE & ENTIRE AGREEMENT 659
ARTICLE XXIII WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT 6670
ARTICLE XXIV EMERGENCY WAIVER PROVISION 670
ARTICLE XXV SEPARABILITY PROVISION 6872
ARTICLE XXVI TERM OF AGREEMENT "73
ARTICLE XXVII RATIFICATION & EXECUTION 704
EXHIBITS
EXHIBIT A BASIC SALARY & WAGE SCHEDULE 7-26
EXHIBIT B ASSIGNMENT OF CONFIDENTIAL ASSOCIATION OF
SANTA ANA FULL TIME CLASSIFICATIONS TO SALARY
RATE RANGES 748
EXHIBIT C RESOLUTION NO. 81-75 7-680
EXHIBIT D 9/80 HARDSHIP CLAIM 8892
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1v:_20)0= 204-214 Page 2
ABLE OF CONTENTS
(Alphabetical Order)
SUBJECT ARTICLE PAGE
ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES ARTICLE VI 189
ASSOCIATION RIGHTS ARTICLE XVI 536
ATTENDANCE, WORKDAY & WORKWEEK ARTICLE IV 7
CITY RIGHTS ARTICLE XVIII 5760
DUES DEDUCTION & INDEMNIFICATION ARTICLE XVII 569
EMERGENCY WAIVER PROVISION ARTICLE XXIV 4771
EMPLOYEE INSURANCE ARTICLE XII 457
GRIEVANCE REVIEW PROCEDURE ARTICLE XV 54-4
HOLIDAYS ARTICLE IX 34-2
IMPLEMENTATION ARTICLE III 6
LAYOFFS ARTICLE XX 603
MISCELLANEOUS PROVISIONS ARTICLE XXI 635
NON-DISCRIMINATION CLAUSE ARTICLE II 5
OTHER LEAVES OF ABSENCE ARTICLE XI 339
OVERTIME ARTICLE VII 245
RATIFICATION & EXECUTION ARTICLE XXVII 704
RECOGNITION ARTICLE 1 4
RETIREMENT ARTICLE XIII 4850
SAFETY ARTICLE XIV 503
SALARIES ARTICLE V 12
SEPARABILITY PROVISION ARTICLE XXV 6872
SOLE & ENTIRE AGREEMENT ARTICLE XXII 689
STRIKES & WORK STOPPAGES ARTICLE XIX n62
TERM OF AGREEMENT ARTICLE XXVI 4,Q73
TRAINING & EDUCATIONAL ASSISTANCE
PROGRAM ARTICLE VIII 289
VACATION ARTICLE X 345
WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT ARTICLE XXIII 6671
EXHIBITS:
ASSIGNMENT OF FULL TIME CLASSES REPRESENTED BY
CONFIDENTIAL ASSOCIATION OF SANTA ANA EXHIBIT B 748
BASIC SALARY & WAGE SCHEDULE EXHIBIT A 736
RESOLUTION NO. 81-75 EXHIBIT C 7680
9/80 HARDSHIP CLAIM FORM EXHIBIT D 8892
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 201-214 Page 3
25A-5
ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code
Section 3500, et seq., the City of Santa Ana (hereinafter called "the City") has
recognized the Confidential Association of Santa Ana (hereinafter called
"CASA") as the majority representative of the bargaining unit which includes
all full-time employees employed by the City of Santa Ana in classifications
heretofore designated as "confidential" and which are listed in Exhibit B of
this Agreement.
1.2 Notwithstanding the following provisions of this Memorandum of
Understanding, the parties agree that they have intended nothing herein to
entitle, alter or award Civil Service rights or privileges to any employee
represented by CASA who is in the Excepted (Exempt) Service of the City of
Santa Ana.
1.3 During the term of this Agreement, no substantive issue of representation shall
be raised contrary to this Agreement except as provided in Resolution No. 81-
75, the Employer-Employee Relations Resolution of the City of Santa Ana
(refer to Exhibit C).
1.4 The term "employee" or "employees" as used herein shall refer only to full
time CASA employees of the City, in the employee classifications listed in the
attachment shown as Exhibit B of this Agreement, as well as such
classifications as may be added hereinafter via Council resolution.
1.5 It is the purpose of this Memorandum of Understanding to promote and
provide for harmonious relations, cooperation and understanding between
the City and employees covered by this Memorandum. It sets forth the full
and entire understanding reached in good faith negotiations regarding the
wages, hours, terms and conditions of employment of employees covered
by this Memorandum of Understanding which the parties intend to submit
jointly and recommend for approval to the City Council of the City of Santa
Ana.
2014 Page 4
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AU:A2016 -
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and CASA agree that they shall not discriminate against any
employee because of race, color, gender, sexual orientation/association or
perception, age, national origin, ancestry, disability, medical condition,
marital status, pregnancy, childbirth or related medical conditions, genetic
information, political or religious opinions or affiliations, or CASA membership.
The City and CASA 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.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) iU: Q201 201214 Page 5
ARTICLE III
3.0 IMPLEMENTATION
3.1 The parties agree that this Memorandum of Understanding shall not be
binding upon the parties until said City Council:
A. Acts, by majority vote, to formally fe approve said Memorandum of
Understanding; and
B. Acts to appropriate the necessary funds required to implement the
provisions of this Memorandum of Understanding that require funding.
3.2 Notwithstanding the foregoing, in the event the City Council fails to take all
actions necessary to implement this Memorandum of Understanding in a
timely manner, the parties understand that they may mutually agree to
implement appropriate provisions of this Memorandum that do not require
specific approval by the City Council.
3.3 Implementation shall be effective as of the date the memorandum of
understanding is formally approved by the City Council. If the parties fail to
agree to implement provisions of this Memorandum not requiring City Council
approval, then negotiations shall resume upon the request of either party.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AA-6 I: 201 20M4 Page 6
ARTICLE IV
4.0 ATTENDANCE, WORKDAY & WORKWEEK
4.1 Attendance. Employees covered by this Agreement shall be in attendance
at their work during hours prescribed by the Department Head or his/her
designee(s) and shall not absent themselves without approval of the
Department Head or his/her designee(s).
4.2 Hours of Work. Eight (8) hours of work shall constitute a normal workday and
forty (40) hours of work shall constitute a minimum workweek, except for
employees for whom special schedules have been approved by the City
Manager.
A. 4/10 Work Schedule. The Department Head, with the approval of the
City Manager, may assign employees to a workweek consisting of four
(4) ten-hour (10-hour) days with an additional one-half (1 /2) or one (1)
hour for unpaid lunch, as negotiated with CASA. The assigned
employee shall work four (4) ten (10) hour days and shall have three
(3) consecutive days off in a workweek. Upon mutual agreement
between the supervisor and employee, the employee may waive his
or her right to three (3) consecutive days off in a workweek. The
regular workweek shall consist of forty (40) hours. A regular day off
shall consist of ten (10) hours.
B. 9/80 Work Schedule. The work schedule described below is known as
the "9/80" work schedule. The "9/80" work schedule is designed to be
in compliance with the requirements of the Fair Labor Standards Act
(FLSA). In the event that there is a conflict with the current rules,
practices and/or procedures regarding work schedules and leave
plans, then the rules listed below shall govern.
Employees shall be permitted to work a "9/80" work schedule when
authorized by the Department Head and approved by the City
Manager. A departmental work unit shall not be permitted to work this
schedule if in the discretion of the Department Head and City
Manager, the "9/80" work schedule may reduce service to the public.
1. "9/80" Work Schedule Defined. The "9/80" work schedule shall
be defined as working eighty hours (80) over nine (9) days in a
two-week period. An employee shall work eight (8) days for
nine (9) hours per day and one day for eight (8) hours, excluding
a one-hour lunch during each work shift, totaling forty (40)
working hours in each FLSA work week.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1QS1:.?01b 20-14 Page 7
a. The Work Week Period. The forty (40) hour FLSA work
week period shall be defined as the work period starting
from Friday at mid-shift to Friday at mid-shift. No
employee working the "9/80" work schedule shall be
able to flex their Friday start time nor the time they take
their lunch break, which shall occur in the middle of the
day on Fridays.
b. The 9/80 Work Period. The "9/80" two-week work period
for employees starts Friday mid-shift and continues for
fourteen (14) days until Friday mid-shift. During this period,
each week is made up of four (4) nine-hour work days
(thirty-six hours) and one (1) four-hour Friday for a total of
forty (40) work hours in each workweek (e.g., the Friday is
split into four (4) hours for the first shift, which is charged to
work week one and four hours (4) for the second shift,
which is charged to work week two).
C. Work Schedule Changes. Employees shall not be
permitted to change their work schedules without prior
approval of their supervisor and Department Head.
d. Modifications of the FLSA Work Week. Modifications of the
FLSA work week period are not permitted unless
authorized by the Executive Director of Personnel Services
and the City Manager.
e. Emergencies. All employees on the "9/80" work schedule
are subject to be called to work any time to meet any
and all emergencies or unusual conditions that, in the
opinion of the City Manager, Department Head or
designee, may require such service from any of said
employees.
4.3 9/80 Schedule Hardship Claims. Any employee having been authorized to
work the "9/80" work schedule who subsequently encounters a personal
hardship with his/her work hours may request an accommodation from
his/her Department Head. A "hardship request" shall be limited to an
employee's authorized hours of work. An accommodation shall be
considered only after the employee has exhausted all other personal options
to resolve the hardship.
If the employee is unable to resolve his/her problem, the employee may
request an accommodation from their Department Head by submitting a
hardship claim. The Department Head may authorize an accommodation
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) It410-
_ C14 Page 8
after reviewing said claim or assign a manager to investigate and
recommend a resolution of the hardship claim. The manager may
recommend the following:
A. Approve an appropriate flex schedule that does not disrupt the
department's ability to deliver its services or that does not create
disruption in the work unit.
B. Disapprove the employee's proposed solution to resolve the hardship.
C. Reassign the employee to a 5/40 work schedule.
The Department Head may accept any one of the manager's
recommendations or advance his own to resolve the hardship.
D. Hardship Claims. The following process shall apply to CASA employees
on a 9/80 schedule with hardship concerns:
Employees shall be required to explore and exhaust all personal
options to resolve the hardship. The employee's efforts to resolve
his/her personal situation must be explained on the form.
2. An employee claiming an ongoing hardship due to the 9/80
work schedule should submit a hardship claim form (Exhibit D of
this MOU) to the Department Head through his/her manager.
The Department Head may authorize an accommodation after
reviewing said claim or may assign a manager to investigate
and recommend a resolution.
3. If, according to the employee, the hardship claim was not
resolved through the Department Head's recommendation, the
employee may submit the claim form to the Personnel Services
Department, M-24. A Hardship Committee shall be established
to assist in the resolution of hardship claims and meets on an as-
needed basis. The Hardship Committee will review the claim
and make a recommendation to the Department Head.
4. Hardship claims due to health reasons, either the employee's or
a dependant, must be supported by medical verification signed
by the employee's or dependants' private physician.
5. In cases where a hardship exists, as determined by the Hardship
Committee, efforts will be made to identify alternatives with due
regard to the employee's request but, with particular concern
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU?010= 2¢ 14 Page 9
to the needs of the department. The Department Head has
final approval on any work schedule adjustment.
6. If transferred or reassigned to a different department and a
hardship continues, a new hardship claim must be filed with the
new Department Head.
7. It is the employee's responsibility to notify his/her supervisor if the
hardship terminates and return to the normal 9/80 work
schedule.
Inconvenience or preference does not constitute a hardship.
4.4 Overtime Defined. All FLSA nonexempt employees working under the "9/80"
work schedule shall earn overtime for all hours worked after the first forty (40)
hours in an FLSA work week as required under FLSA. Employees are required
to obtain supervisor authorization before working any overtime.
A. Overtime Compensation. Overtime work, and compensation for same,
shall follow the provisions stated in Article VII - Overtime.
B. Compensatory Time. Terms and compensation for Compensatory Time
shall follow the provisions stated in Article VII - Overtime.
4.5 Leave Benefits. When an employee is off on a scheduled workday under the
119/80" work schedule, nine (9) hours of eligible leave per workday shall be
charged against the employee's leave balance; if the day off is a Friday,
then eight (8) hours shall be charged. When an employee is off on a
scheduled workday under the "4/10" work schedule, ten (10) hours of eligible
leave per workday shall be charged against the employee's leave balance.
All leaves shall continue under the current accrual, eligibility, request and
approval requirements.
A. Vacation Leave. Provisions for vacation leave are found in Article X of
this MOU.
B. Sick Leave. Provisions for sick leave are found in Article XI of this MOU.
C. Bereavement Leave. Provisions for bereavement leave are found in
Article XI of this MOU.
D. Holidays. Provisions for holiday leave are found in Article IX of this
MOU.
1. For a recognized City holiday, eight (8) hours, as stated in Article
IX (Holidays), are earned for each holiday. For the charging of
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) JtK10-
_ 1 f14 Page 10
hours on a scheduled holiday, the employee must use nine (9)
hours of holiday time off for a nine (9) hour workday or eight (8)
hours holiday time off for a Friday.
2. If a holiday falls on an employee's Friday off, the employee
must then take their holiday off before or after the regular
holiday as their holiday off with supervisor and Department
Head approval. If the employee cannot take their holiday off
before or after the regular scheduled holiday off the employee
shall bank eight (8) hours of holiday leave to be used at a later
date with the supervisor's approval.
E. Jury Duty Leave. If an employee is called to serve on jury duty during
a normal Friday off, or a Saturday, or Sunday, or on a City holiday, then
the jury duty shall be considered the same as having occurred during
the employee's day off work; therefore, the employee shall receive no
added compensation. See Article XI, Section 1 1.4, Jury and Witness
Leave.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 201-214 Page 11
25A-13
ARTICLE V
5.0 SALARIES
5.1 Basic Compensation Plan. There is hereby established a basic compensation
plan for all full-time personnel who are now employed or shall in the future
be employed in any of the designated classifications of employment
represented by CASA as listed in this Agreement and its attachments.
5.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix
format as Exhibit "A," and made a part hereof as though set forth in full
herein, provides numerous salary rate ranges, each comprised of six (6) steps
or rates of pay.
The respective rate ranges are identified by a three digit number. The steps
within each range are identified by the letters "AA" through "E" inclusive,
with Step "AA" being the lowest step in the range. The purpose of each step
and the length of service required for advancement to the next higher step
within a particular salary rate range are set forth in Exhibit "A."
The assignment of classifications to salary rate ranges for full time personnel is
listed in Exhibit B, which is attached and made a part hereof as though set
forth herein.
5.3 Salaries.
A. Effective July 1, 2010, CASA members are scheduled to receive a 4.0%
salary increase. CASA agrees to defer this scheduled increase until
July 1, 2011.
B. Effective January 1, 2011, CASA members are scheduled to receive a
2.5% salary increase. CASA agrees to defer this scheduled increase
until January 1, 2012.
C. Effective July 1, 2011, the base salary of classifications listed in Exhibit B
shall be increased by five (5) salary rate ranges (approximately 2.5%).
D. Effective January 1, 2012, the base salary of classifications listed in
Exhibit B shall be increased by four (4) salary rate ranges
(approximately 2.0%).
E. Effective January 1, 2012, CASA members agree to defer the
scheduled January 1, 2012 salary increase (approximately 2 %) until
such time as negotiations on the successor MOU are completed.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1:_2010 - 214 Page 12
This non-precedent setting, one-time modification of the MOU, Article
V, Section 5.3 D Salaries shall not be considered a re-opener nor shall
it be considered in any way a permanent loss of the scheduled 2.0%
salary increase.
F. Upon Council approval of this agreement, retroactive to January 1,
2012, the base salary of classifications listed in Exhibit B shall be
increased by four (4) salary rate ranges (approximately 2.0%).
5.4 Application of Basic Compensation Plan. The salary rate ranges discussed in
Section 5.2 and attached hereto as Exhibit "B" are monthly salary rate
ranges. All full-time employees working in classifications of employment
covered by this Agreement shall be compensated at a monthly rate, except
that an employee hired for temporary work in a position which has an
anticipated duration of less than six (6) months shall be paid at a rate per
hour for actual time spent in the performance of the duties of his or her
employment. The regular rate of pay shall be computed as provided for by
the Fair Labor Standards Act (FLSA).
Any hourly rate of pay, defined as the regular hourly rate of pay, shall be
computed by dividing the monthly salary rate by 173.33. In determining the
hourly rate as herein provided, computation shall be made to the nearest
whole cent and a computation resulting in an even one-half cent shall fix the
rate at the next higher whole cent.
5.5 Probation. Except for employees in the Excepted Service as defined by the
City Charter, and employees re-employed from re-employment lists, the
probationary period shall be one (1) year from the date of appointment from
an open eligible list (new hire) or a reappointment eligible list (rehire) and six
(6) months from the date of appointment from a promotional eligible list.
5.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the
rate shown as Step "AA" in the salary rate range allocated to the
classification of employment for which he or she has been hired. In special
instances where such new employee possesses unique and exceptional
educational training and/or experience qualifications, the Department
Head, under whom the employee will serve, may submit a written request
and justification to the City Manager for authorization to place such new
employee on Step "A," "B," "C," or "D" within the allocated salary rate
range, provided that such employee shall be assigned such salary step upon
the commencement of his or her service in the classification of employment
to which the salary rate range applies and such assignment having once
been made shall remain in effect until the said employee shall be entitled to
advance to the next salary step in accordance with the further provisions of
this Article.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1Q.?:.?0101 5A-14 Page 13
5.7 Service. The word "service" as used in this Agreement shall be deemed to
mean continuous, full-time service in the classification in which the employee
is being considered for salary advancement, service in 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 st) working day of the month shall not be credited with "time in service"
for that month when determining the length of service required for salary
step advancement. A lapse of service by an employee for a period of time
longer than thirty (30) calendar days by reason of resignation, quit, or
discharge, shall serve to eliminate the accumulated length of service time of
such employee for the purposes of this Agreement, and such employee
reentering the service of the City shall be considered as a new employee,
except when he or she is being or will be reappointed as provided in the
Santa Ana Municipal Code (SAMC), Section 9-1 14 within one (1) year 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 separating from full-time
City employment altogether, not leaving one position to accept
appointment to another position in an unrelated classification outside the
career ladder.
5.8 Advancement within Ranges.
A. Length of Service Advancements. After the salary of an employee has
been first established and fixed under this plan, such employee shall
be advanced from Step "AA" to Step "A," from Step "A" to Step "B,"
from Step "B" to Step "C," or from Step "C" to Step "D," whichever is
the next higher step to that on which the employee has been
previously paid, effective the first day of the month following the date
of completion of the length of service required for such advancement
as provided in Section 5.2 and Exhibit A hereof.
B. Merit Advances. An employee shall be considered for advancement
from Step "D" to Step "E" upon the completion of the required length
of service as provided in Section 5.2 and Exhibit A hereof; the effective
date of such merit increase, if granted, shall be on the first (1 st) day of
the month following the completion of such required length of service.
Advancement to Step "E" may be granted only for continued
meritorious and efficient service and continued improvement by the
employee in the effective performance of the duties of his or her
position. Such merit advancement shall require the following:
1. There shall be on file in the office of the Executive Director of
Personnel Services a copy of each periodic performance
appraisal report required to be made on the employee by the
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1Page 14
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 Department Head, at least twenty (20) calendar days prior
to the anticipated completion of such employee's required
length of service, shall file with the City Manager a statement
recommending the granting or denial of the merit increase and
supporting such a recommendation with specific reasons
therefore. The employee shall be notified by the Department
Head as to such recommendations and of the reasons
therefore.
3. No advancement in salary above Step "D" shall become
effective until approved by the City Manager, except when
placement on a salary step above Step "D" results from
promotion under the provisions of Section 8 of this Article.
C. Length of Service Required When Advancement Denied. When an
employee has not been approved for advancement to merit Step "E,"
he or she may be reconsidered for such advancement after the
completion of three (3) months of additional service and shall be
reconsidered for such advancement after the completion of six (6)
months of additional service. This reconsideration shall follow the
same steps and shall be subject to the same actions as provided in
subparagraphs B.2 and B.3 of this section, supra.
5.9 Reduction in Salary Steps. Any employee who is being paid at merit Step "E"
may be reduced to Step "D" of the appropriate salary range, upon the
recommendation of the Department Head, and the approval of the City
Manager. Procedure for such reduction shall follow the same procedure as
outlined for merit advancements in Section 5.8 above, and such employee
may be considered for readvancement under the same provisions as
contained in Subsection C of Section 5.8 above.
5.10 Promotional Salary Advancement. When an employee is promoted to a
position in a higher classification from a position in a lower classification in the
same occupational career ladder, he or she shall be reassigned to Step
"AA" in the appropriate salary rate range for the higher classification;
provided, however, that if the base salary step currently being paid such
employee is already equal to or higher than said Step "AA," he or she shall
be placed in the lowest step in the appropriate salary rate range as will grant
that employee a minimum increase of one (1) salary step (approximately 5%)
over his or her current base salary step, inclusive of lead pay, and exclusive
of any other assignment or special pay additive or additives such as bilingual
pay, shift differential, special skill pay or the like, except when placement at
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 15
25A-17
"E" step will not be sufficient to provide a one (1) salary step (approximately
5%) increase.
5.11 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) salary step
(approximately 5%).
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.
D. If the salary rate recommended by the Department Head is lower than
the maximum step permissible under Subsection C above, such
recommendation shall be considered a reduction in pay in addition to
the demotion and shall be handled in accordance with the provisions
for salary reductions in Section 5.9 above.
5.12 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.
5.13 Request for Classification Review. Any employee who, for a continuous
period exceeding six (6) months, believes he or she is regularly and
consistently performing duties and/or responsibilities not in conformance with
their classification concept or, duties and/or responsibilities of another
classification, may request a classification review of their position through
their supervisor to the Department Head. The employee must submit their
request on a form specified by the Executive Director of Personnel Services,
outlining in writing how they believe their current duties and/or responsibilities
differ from their classification concept.
A. The Department Head shall review the employee's submitted request
and within sixty (60) days shall make one of the following
determinations:
Will support the employee's request.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1Page 16
a. If the Department Head supports the employee's request
for a classification review, he or she shall forward the
request to the Executive Director of Personnel Services
along with justification for support of the employee's
request.
b. The Department Head shall notify the employee that his
or her request has been submitted to the Executive
Director of Personnel Services.
2. Will not support the employee's request.
a. If the Department Head does not support the employee's
request for a classification review, he or she shall notify
the employee of this decision in writing and set forth the
basis for the decision.
b. If the Department Head does not support the employee's
request, but agrees that some of the duties and/or
responsibilities being performed by the employee are
those of a higher level City classification, he or she can
do the following:
Return the employee to performance of the duties
and/or responsibilities of their proper classification.
2. Eliminate the higher duties and/or responsibilities
being performed by the employee, for which the
City has agreed are those for which it shall provide
higher compensation.
B. Any employee request for classification review approved by the
Department Head shall be forwarded to the Executive Director of
Personnel Services. The Executive Director of Personnel Services shall
confirm receipt of the request in writing to the employee. Within sixty
(60) days of receipt of the request, the Executive Director of Personnel
Services shall notify the employee and Department Head of the
decision as to whether a study will be conducted. If the Executive
Director of Personnel Services determines that a study is appropriate,
the Executive Director of Personnel Services shall so notify the
employee and the Department Head in writing and shall provide the
employee and Department Head with an approximate start date for
the study.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1U: Q2010 = ?_¢1-214 Page 17
C. All determinations of the Department Head and the Executive Director
of Personnel Services are final.
D. All studies and study findings shall require City Manager approval
before proceeding.
E. All recommendations resulting from study findings require the approval
of the City Council and shall be implemented in accordance to the
City's Civil Service rules.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU?010= aV -214 Page 18
ARTICLE VI
6.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
6.1 Assignment Pay Differential.
Assignment pay differentials, as listed herein and throughout the Agreement,
shall, in each case, be added individually and separately to the employee's
base salary. In no event shall one assignment pay differential be added to
the employee's base salary as a basis for the calculation of an additional
pay differential.
A. Employees who are assigned by a Department Head, with the prior
approval of the City Manager, to a position requiring the ability to take
dictation at a rate of 70 words per minute or better on a regular basis
or as an essential or integral element of the work of the position, shall
be paid a monthly differential of sixty dollars ($60) above his or her
base monthly salary step for each full month of such assignment.
B. Full-time incumbents in any classification listed in this Agreement who
are required by a Department Head or their designee to perform the
duties of a Notary Public for the City, in addition to regular duties, shall
be paid a monthly pay premium of forty dollars ($40) above his or her
then current base monthly salary step.
6.2 Lead Pay. Incumbents in any classification listed in this Agreement who are
regularly and continuously assigned to lead a functional unit which includes
two (2) or more positions in the same or lower classifications as the
incumbent may be compensated for said duties upon mutual agreement of
the City and CASA and approval of the Department Head and the Executive
Director of Personnel Services. This compensation shall be referred to as
"lead pay."
In addition, incumbents in any classification listed in this Agreement who are
regularly and continuously assigned to perform lead supervisory
responsibilities shall receive lead pay compensation at a rate set ten (10)
salary rate ranges (approximately 5%) above his or her then current base
monthly salary step:
6.3 Bilingual Pay. An employee who is assigned by a Department Head or his or
her designee to a position requiring bilingual capability in both English and
either Spanish, Samoan, Vietnamese or other languages designated by the
City Manager, shall be paid a monthly assignment pay differential in
accordance with the criteria and amounts set forth below:
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) M0
010 = jr14 Page 19
uA-2
A. The employee must be certified by the Executive Director of Personnel
Services, or his or her designee, as having satisfactorily demonstrated
conversational fluency in both English and the second language for
any position requiring bilingual capacity.
B. Positions where it has been determined by the Department Head 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, essential or integral element of the work being performed, shall
be designated as Primary Bilingual Assignments. A qualified incumbent
of such position shall be paid a monthly differential of one hundred
seventy-five dollars ($175) above his/her then-current base monthly
salary step.
C. Positions where it has been determined by a Department Head that
regular and frequent bilingual usage is necessary to the performance
of duties, but not a major, essential or integral element of the work,
shall be designated as Secondary Bilingual Assignments. A qualified
incumbent of such position shall be paid a monthly differential of forty
dollars ($40) above his or her base monthly salary step for each full
month of such assignment.
D. The number of such Primary and/or Secondary Bilingual Assignments
shall be no larger than the requirements of the department as
determined by the Department Head and the City Manager.
E. There shall be periodic recertification of such bilingual capability.
F. All assignments to positions set forth in this Article shall be made or
revoked at the discretion of the Department Head.
G. If the City modifies the amount of bilingual pay for any other
bargaining unit during the term of this agreement, CASA agrees to
form a Joint Labor Management (JLM) committee with the City to
review bilingual pay provisions and assignments (see also Article XXI,
Section 21.3.B).
6.4 Shift Differential.
A. Generally. An employee in a classification represented by CASA who
is continuously and regularly assigned to a schedule of work which
requires that he or she actually work a minimum of four and one-half
(41/2) hours between the hours of 5:00 p.m. and 7:00 a.m., shall be paid
a shift differential for his or her entire work shift at a rate set ten (10)
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 20
25A-22
salary rate ranges (approximately 5%) higher than his or her then-
current base monthly salary step.
B. Standby Pay. Employees who are released from active duty but who
are required by their department to leave notice where they can be
reached and be available to return to active duty when required by
the department at any time other than their regularly scheduled
working hours, shall be said to be on standby duty. Effective no later
than the first (1 st) day of the second (2nd) payroll period following
Council approval, such employees shall receive two hundred dollars
($200) per week when assigned to be on standby duty.
6.5 Temporary Upgrade Assignment Pay. In order to provide an equitable
method of compensating employees who are assigned temporarily to a
vacant, full-time, budgeted, higher-level position the following shall apply:
A. General Guidelines
1. Temporary Upgrade Assignments shall be limited to the
temporary filling of vacant, full-time, budgeted positions due to
the termination, promotion or authorized long-term absence of
the incumbent. A temporarily vacant position need not be a
position without an incumbent.
2. Each such assignment may be terminated at any time, but in no
event shall such assignment continue beyond one hundred
eighty (180) days of such assignment.
3. Prior to recommending to the City Manager that a pay
differential for a Temporary Upgrade Assignment be granted,
the Department Head shall make the following determinations:
a. The duties and responsibilities of the position to be filled
are of such nature that they cannot remain unassigned
pending the return to duty of the absent incumbent or
preparation of an eligible list, whichever is applicable.
b. It is not practical to assign the duties of the vacant
position to any other employee or employees in the same
or higher classification.
4. The City Manager or his/her designee must give written
approval of all Temporary Upgrade Assignments involving an
increase in pay for the appointee.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AU:A201 Q_ 2N214 Page 21
-23
B. Eligibility.
Regular, full-time employees shall be eligible to receive
Temporary Upgrade Assignment Pay if the work assumed
encompasses the majority of the typical duties and
responsibilities of the vacated higher-level position, and the
employee meets the qualifications outlined in B.2, below.
A. Employees in the following categories shall not be
assigned to Temporary Upgrade work unless specifically
authorized by the City Manager:
1) Non-permanent employees (Probationary, Part-
time, Seasonal, etc.).
2) Employees performing work above their regular
classification in a training capacity.
2. To qualify for temporary upgrade assignment pay, employees
must serve in an acting capacity in the higher-level
classification as follows:
o ten (10) consecutive working days of eight (8)
hours each; or
o eight (8) consecutive working days of ten (10)
hours each for employees working an alternative
work schedule; or
o any combination of consecutive working days
consisting of nine (9) hours each and one (1)
working day consisting of eight (8) hours, for a
total of 80 hours of work for employees working
the "9/80" work schedule; or
a. A permitted absence of two working (2) days or less
during such ten (10) day period shall not be deemed to
void such consecutive service; however, the days of
absence shall not be counted in the computation of
eligibility to qualify for the temporary upgrade assignment
pay.
b. In computing qualifying service rendered, only full days of
actual duty shall be included, and partial days shall not
be combined to make full days unless they are normally
granted holiday hours. Normally granted holidays will be
included in computing actual duty days.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) A:A201 29-1-214 Page 22
C. Employees must requalify for a Temporary Upgrade
Assignment if the employee has not worked in this
specific upgrade assignment for a period of eighteen (18)
consecutive months or longer. The employee shall only
be considered to work in a higher classification if such
work is duly and specifically authorized by the
employee's Department Head.
3. Whenever practicable, the appointing authority shall rotate
Temporary Upgrade Assignments among all qualified
employees.
C. Payment.
On the next consecutive working day following the qualification
period for temporary upgrade that an employee has been
serving in a Temporary Upgrade Assignment, and for each
additional consecutive working day the employee so serves, he
or she shall receive the beginning rate (Step "AA") assigned to
the higher classification or the lowest rate in that range which is
at least ten (10) salary rate ranges (approximately 5%) higher
than the current base salary rate he or she normally receives,
(inclusive of lead pay and exclusive of any other assignment or
special pay additive or additives) whichever is greater, except
when placement at "E" step shall not be sufficient to provide
the ten (10) salary rate range increase.
During the term of this Agreement, if an employee has worked
in a higher classification for the required minimum number of
consecutive work days to qualify for temporary upgrade
assignment pay, the employee shall thereafter receive upgrade
pay for each day the employee is assigned to work in the higher
classification during the term of this Agreement.
2. Assignment or special pay additives, such as bilingual pay, shift
differential, special skill pay, etc., paid to an employee prior to
becoming eligible for Temporary Upgrade Assignment Pay, shall
not be considered in computing the amount of higher pay to
which he or she is entitled in Subparagraph 6.5C above. If the
special circumstances upon which said additive is based are
also applicable to the Temporary Upgrade Assignment and the
employee remains eligible for such pay while in the temporary
upgrade position, this amount shall be added to the new salary
rate range.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 15-a Q?1?01 CZ 2Q?214 Page 23
3. Temporary Upgrade Assignments which entail moving an
employee into a classification represented by an employee unit
other than that which represents his or her permanent
classification shall not include any change in fringe benefits for
the affected employee.
4. While working in a Temporary Upgrade Assignment, an
employee shall continue to accrue, and have recorded,
general, special or normal salary step increases in the
employee's permanent position; however, such salary increases
shall be paid only to maintain the minimum five percent (5%)
differential above the salary to which an employee is entitled in
his or her permanent position.
6.6 All assignments of personnel to positions set forth in Sections 6.1 through 6.5
above shall be made or revoked at the discretion of the Department Head.
6.7 Career Development Incentives. Employees hired in a classification which
requires a specialized certificate as a prerequisite to hiring, either upon
appointment or by the time of the employee's passage of probation
("regular appointment"), shall not be eligible for career incentive pay for that
prerequisite certificate. However, they shall be eligible for career incentive
pay for any other certificates approved for their classification. In no event
shall the application of this Career Development Incentive provision result in
an individual being eligible to earn more than twenty-five (25) salary rate
ranges (approximately 12.5%) above his or her current monthly base salary
step.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1QJII:201 ?ir 14 Page 24
ARTICLE VII
7.0 OVERTIME
7.1 General Policy for Overtime Work. When it shall be determined to be in the
public interest for employees to perform overtime work, or in an emergency
situation, the City Manager, the Department Head, or a duly authorized
representative of the City Manager or the Department Head, may require an
employee to perform overtime work.
7.2 Definition. Overtime work for those on a 5/40 work schedule is defined as:
A. That authorized or required time worked in excess of the normal
workday, tour of duty, or workweek schedule for the particular
classification and organizational unit of an employee. A workweek is a
fixed and regularly recurring period of 168 consecutive hours - 7
consecutive 24-hour periods - as designated by the appointing
authority. An employee's work schedule within the workweek shall not
be changed to avoid payment of overtime; provided, however,
nothing shall abridge management's right to establish and change
work schedules and assignments in accordance with the rights of
management contained in Article XVIII, infra.
B. Work on observed holidays or work on any regularly scheduled non-
work day of which there shall be two (2) per week, if work on any
regularly scheduled non-work day is worked at management's
direction.
7.3 Computation of Forty (40) Hour Workweek. In computing the forty (40) hour
workweek, the following type of work hours shall be included in the
computation: actual work time, jury/witness leave, sick Leave and
bereavement leave. Any combination of these work hours in excess of eight
(8) hours per day (except for employees on a 4/10 or the 9/80 work
schedule) or forty (40) hours per week shall entitle the employee to overtime
compensation.
Paid time off for vacation leave, all unpaid leave, Association release time
and compensatory time off shall not be credited towards the forty (40) hour
workweek. No employee shall work overtime hours unless authorized by the
department head or his/her designee.
7.4 All FLSA nonexempt employees working under the "9/80" work schedule shall
earn overtime for all hours worked after the first forty (40) hours in an FLSA
work week as required under FLSA.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1v1QU?010= 2¢214 Page 25
Should the City modify the manner by which it pays overtime (FLSA) to
members of other miscellaneous bargaining units, CASA agrees to reopen
this topic for discussion.
7.5 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by
monetary payment, at one and one-half (1.5) times the employee's
regular rate of pay, subject to the provisions of Subsection "C" below.
B. Should the Department Head determine that the best interests of the
City will be served thereby, he or his designee may permit an
employee to be compensated for overtime work by taking paid
compensatory time off in lieu of monetary compensation.
C. Employees shall have the option with Department Head approval to
convert a maximum of eighty (80) hours of time and one-half paid
overtime (in compensation for 53 1 /3 [fifty-three and one-third]
overtime hours worked) to time and one-half compensatory time off
benefits. Such compensatory time off shall be taken at the discretion
of the employee when requested at least 72 hours in advance,
provided it does not unduly disrupt the operations of the agency. If
the Department Head or his or her designee subsequently denies the
requested compensatory time off the employee and department shall
mutually agree on a future date within one year when the employee
can use the paid compensatory time off. If the requested
compensatory time off is not used within that one year, such
compensatory overtime will be paid off in cash.
D. The comp time bank for employees covered by this Agreement has a
maximum accrual limit of one hundred and sixty (160) hours.
E. Because each hour of overtime worked is programmatically accrued
on a time and one-half basis, compensatory time off shall be taken,
and monetary payment shall be paid, on a straight-time basis. Also,
upon termination, any earned, unused compensatory time off ("time-
on-the-books") shall be paid on a straight-time basis.
F. Time off with pay to compensate for overtime worked may be taken in
increments as small as a half ('/2) hour.
G. If compensatory time off is used in excess of that available, such
excess compensatory time off shall first be deducted from any
available vacation benefits, after which it shall finally be deducted
from the next scheduled wage or salary payment.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AU: 2010 - Z¢1-214 Page 26
H. Time off with pay as compensation for overtime may not be granted or
taken in advance of the overtime work for which the time off
compensates. Before compensatory time off with pay may be taken,
as herein provided, the overtime worked must have been recorded on
official payroll records at or about the time the overtime work was
performed. In the absence of such recording, no compensatory time
off with pay will be permitted.
Upon an employee's appointment to a position in which overtime may
not be earned or upon an employee's separation from employment
with the City by resignation, retirement, layoff or otherwise, he or she
shall forthwith be compensated for any overtime accumulated to the
time immediately preceding such promotion or separation.
7.6 No Effect on Other Benefits. Overtime work shall not apply to the earning of
employee benefits (retirement, holidays, vacation accrual, sick leave
accrual and employee insurance benefits), toward the completion of
probationary period, or to progression within salary rate range.
7.7 Overtime Work to be Minimized. To the extent that he or she is reasonably
able to do so, the Department Head or his or her designee shall arrange
work programs to minimize overtime work. Necessary overtime work shall be
apportioned among employees of like classification and assignment.
7.8 Call-Back Duty. Any employee covered by this Agreement who is recalled
to active duty from off-duty, shall be entitled to overtime pay at the rate of
one and one-half (1 1/2) times the normal hourly pay rate for such employee
for time actually worked after reporting to the place of duty, or three (3)
hours pay at the normal rate of pay, whichever is greater.
7.9 Declaration of State of Emergency. Upon the occurrence of fire, flood,
earthquake, strike, riot, or other catastrophe or emergency which directly
affects city operations or the welfare of the City's citizens, the City Manager
may declare a state of emergency to exist. Upon the declaration of a state
of emergency, the City Manager may require any or all regular full-time
employees of the City to work overtime or off-shift as he or she shall
determine, to protect life and property within the City.
7.10 Applicability of Fair Labor Standards Act. The parties agree that if the
applicability of the Fair Labor Standards Act to local governmental entities is
eliminated by either legislative orjudicial action, they shall meet and confer
regarding any proposed changes to this Agreement; however, no such
changes shall be made except on mutual agreement.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 27
25A-29
7.11 Reopener. If, during the term of this Agreement, the City modifies the
manner in which it pays overtime (pursuant to the Fair Labor Standards Act),
the City and CASA agree to reopen this provision of the Agreement and
commence discussions regarding the City's modifications to overtime
payments.
7.12 Court Appearance. Compensation for court appearance by employees
covered by this Agreement shall be as follows:
A. For each required court appearance made by an employee during
his or her off-duty time in regard to City business, said employee shall
be paid overtime for the period of time from their arrival at court until
they are released from court or the court session closes for that day.
However, in no case shall an employee receive less than two (2) hours
overtime for a court appearance during his/her off-duty hours. If
separate court appearances are made both in the morning and
afternoon of a particular day, a minimum of two (2) hours overtime
shall be allowed for each session attended. If the employee is not
released from a morning session and must remain available for
afternoon court, the employee shall be paid overtime for all hours the
court is in session that day.
The employee must provide a copy of the subpoena requiring his or
her attendance to initiate payroll procedures.
B. A subpoenaed employee scheduled to appear in court on City
business during off-duty time may be placed on standby status by the
Department Head or his or her authorized representative if the
employee can respond to the court, if called, within 60 minutes of the
employee's notification. In the event such off-duty employee is on
standby status during any court session and is not required to appear
in court, such employee shall be compensated two (2) hours on a
straight time basis, for each said court session. Such employee may
elect, in lieu of paid time, two (2) hours of compensatory time off for
standby time and not appearing in court, with the approval of the
Department Head. If such off-duty employee on standby actually
appears in court, he or she shall be compensated as provided in
Subsection A, supra.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AU:A201Q01-214 Page 28
-30
ARTICLE VIII
8.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
8.1 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.
8.2 Eligibility.
A. Applications for tuition reimbursement shall be considered only from
full-time, permanent City employees who have completed the
probationary work test period.
B. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as G.I. Bill,
scholarships, etc.
C. Applications shall be approved only for courses directly related to the
employee's job or directly related to a promotional position in the
employee's occupational specialty.
D. Courses not ostensibly related to the employee's job, but which are
required to qualify for a degree that is directly related to his or herjob,
may be reimbursable only after all required occupationally related
courses have been completed.
E. Prior to receiving tuition reimbursement, employees must submit
documentary proof of having received a grade of not less than "C"
for the course. If objective ratings are not rendered for a specific
course, then a certificate of successful completion must be submitted.
F. Approval shall be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the
sponsorship of a Board of Education. Workshops, seminars,
conferences and similar activities not identifiable as a formal course of
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 29
25A-31
instruction within the curriculum of a recognized educational
institution, do not fall within the purview of this program but may be
authorized and funded by the interested department without
coordination with the Personnel Services Department.
G. When an employee is required by his or her Department Head to
attend a particular course or seminar, the expense shall be borne
entirely by the department.
8.3 Reimbursement.
A. Reimbursement shall be based on the cost of tuition or registration fees
and all required texts and related material for each course. Additional
expenses such as meals and parking fees are not reimbursable.
B. Costs for required texts are eligible for one hundred percent (100%)
reimbursement subject to the following conditions:
That a duplicate of the required text(s) was unavailable for loan
from the departmental libraries prior to the commencement of
course work;
2. That any textbook(s) purchased by the City shall be submitted to
the employee's respective departmental library in order that
such text(s) may be made available to all employees.
C. Maximum tuition reimbursement is two thousand ($2,000) per fiscal
year, which the employee may claim either as costs are incurred
during the year or as one lump sum.
D. Employees shall be limited, for purposes of tuition reimbursement, to a
maximum of two (2) collegiate level courses of not more than a total
number of units which is equivalent to six (6) "semester" units per
semester. One (1) "quarter" unit shall equal two-thirds (2/3) of one (1)
"semester" unit.
8.4 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 his or her
Department Head prior to the commencement of class(es) or the
payment of fees for registration/tuition.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204214 Page 30
25A-32
B. The Department Head shall recommend approval or disapproval
based on established criteria and budgetary constraints, and then
shall forward the application to the Executive Director of Personnel
Services.
C. The Executive Director of Personnel Services or his or her designee shall
approve or disapprove the application for the City Manager. One
copy shall be returned to the employee and the duplicate shall be
retained by the Personnel Services Department. It is advisable that the
applicant accomplish the procedure so far described in order to
ascertain the eligibility of the intended course of instruction for
reimbursement under the provisions of this policy prior to the inception
of the course or disbursement of personal funds.
D. The employee shall 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.
Such employee must include official verification of his or her final
grade with appropriate receipts for tuition and textbook costs. These
shall 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
Personnel Services Department shall determine whether the
completed course of instruction is compatible with the provisions of this
Article and shall compute the amount of reimbursement, authenticate
the application and forward it to the employee's Department Head.
F. The Department Head shall then authorize the Finance &
Management Services Department to reimburse the employee the
approved amount out of the budget of the department concerned.
: 2010-N214 Page 31
I
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) AA-33
ARTICLE IX
9.0 HOLIDAYS
9.1 Legal holidays observed by full-time permanent and probationary
employees of the City of Santa Ana are as follows:
o January 1 - New Year's Day.
o Third (3rd) Monday in January - In observance of Martin Luther King, Jr.'s
Birthday.
o Third (3rd) Monday in February - In commemoration of President's Day.
o Last Monday in May - In commemoration of Memorial Day.
o July 4th - In observance of Independence Day.
o First (1 st) Monday in September - In observance of Labor Day.
o November 11 th - In observance of Veterans' Day.
o Fourth (4th) 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 25th -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.
o Any holiday which falls on a Sunday shall be observed on the following
Monday.
o Any holiday which falls on a Saturday shall be observed on the Friday
preceding the holiday.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 32
25A-34
9.2 Holidays - Shift Personnel and Employees on Alternate Work Schedules.
A. Full-time employees whose regularly scheduled days off are other than
Saturday and Sunday shall be entitled to receive twelve (12) eight-
hour working days off during the year in lieu of the holiday benefits
specified in Section 9.1 above. However, employees on a 9/80 work
schedule 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. Holiday time for employees on a 9/80 work schedule shall be
posted as follows:
¦ If a holiday falls on a regularly-scheduled nine (9) hour workday
(Monday, Tuesday, Wednesday or Thursday), nine (9) hours of
holiday time shall be posted.
¦ If a holiday falls on a regularly-scheduled eight (8) hour workday
(Friday), eight (8) hours of holiday time shall be posted.
¦ If a holiday falls on an employee's regularly-scheduled day off
work, the employee shall receive credit for eight (8) hours of
holiday time.
If any employee on a 9/80 or 4/10 work schedule separates from
employment prior to December 31 of any year and has already
exhausted 96 hours of holiday time, the value of hours not yet accrued
but used shall be deducted from the final paycheck.
B. Said substitute holidays may be scheduled by the Department Head
or his or her designee, normally during the same month that the
holiday is observed by other City employees. An employee entitled to
time off in lieu of holidays shall receive that time off in proportion to his
or her service at full pay in such capacity during the year.
9.3 Modified Holiday Schedule - Employees Assigned to the Library. Employees
assigned to the Library shall, during the term of this Agreement, observe
holidays on the dates specified in Section 9.1 above.
9.4 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.
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A newly appointed employee must complete six (6) months of continuous
full-time service in order to receive credit for the Floating Holiday listed in
Section 1 above.
9.5 Holiday time off may only be taken in increments of eight (8) hours, unless the
employee is assigned to a 4/10 or 9/80 work schedule. Employees assigned
to the 4/10 work schedule must use their holidays in ten (10) hour increments.
Employees assigned to a 9/80 work schedule must use their holidays in nine
(9) hour increments as described in Article IV, Section 4.5.D, supra.
9.6 Holiday benefits may not be carried over from one (1) calendar year to the
next.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1Q.?J:.?0-1Q_ ?Q 14 Page 34
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 shall be used as a guide in the administration of the provisions of this
Article.
10.2 Regular Vacation Period.
A. Full-time permanent and probationary employees covered by this
Agreement shall be granted regular vacation at the rate of ten (10)
working days for each of his or her first and second completed year of
service, accrued at the rate of six and two-thirds (6 2/3) hours for each
completed month of service. Thereafter, all such employees shall be
granted regular vacation at the rate of fifteen (15) working days for
each completed year of service, accrued at the rate of ten (10)
working hours for each completed month of service.
B. An employee who has completed less than one year's service during
the calendar year shall receive a proportionate fraction in
accordance with the amount of service to his or her credit during the
year; provided, however, no employee shall be entitled to, or receive
payment for, any vacation until he or she has completed six (6) months
of continuous service.
C. On or after the first (1 st) day of the month following completion of six (6)
months of continuous full-time service, an employee may be allowed
to take all or a proportionate fraction of his or her earned vacation,
subject to scheduling approval of the employee's supervisor.
D. Vacation time off may be taken in increments as small as one-half ('/2)
hour, with fractional usage rounded upward to the next higher
multiple of one-half (1/2).
E. Upon completion of two (2) years of continuous service, each
employee must take at least five (5) consecutive working days of
vacation each year thereafter.
F. Computation of Regular Vacation.
In computing regular vacation, each municipal holiday that
occurs during the vacation, and that falls on a day which the
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employee would have worked had he or she not been on
vacation, shall be deducted from the computation so that one
(1) additional day of regular vacation shall be allowed to the
employee unless departmental practice provides some other
manner of compensating for municipal holidays. Should an
employee be confined to a hospital for sickness or injury while
on authorized vacation, each full day of such confinement,
when confirmed by a physician's statement and approval of
the Department Head, 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 two (2) regular vacation
periods from the previous two (2) years. A regular vacation
period is defined as the maximum amount of vacation earned
in a calendar year as provided in Subsection A above.
3. No employee shall have a right to accumulate or split his or her
vacations, but the same may be allowed or required by the
Department Head. The time at which an employee shall take
his or her vacation shall be determined by the Department
Head, with due regard for the wishes of the employee and
particular regard for the needs of the service.
10.3 Longevity Vacation.
A. Each permanent employee is granted additional work days of
vacation leave with pay for each completed year of full-time,
continuous city service as set forth in the following table. This
additional vacation shall be designated longevity vacation.
Hourly Equivalent
Completed Years Additional Days of Additional Days
6 '/2 4
7 1 8
8 1 '/2 12
9 2 16
10 21/2 20
11 3 24
12 31/2 28
13 4 32
14 41/2 36
15 5 40
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1 0= 6"' Page 36
Completed Years Additional Davs
16 6
17 7
18 8
19 9
20 10
Hourly Equivalent
of Additional Days
48
56
64
72
80
B. No employee becomes eligible for longevity vacation until completion
of the sixth (6th) year of continuous service, and each employee
continues to earn the maximum of ten (10) working days (80 hours) of
longevity vacation for each completed year of service in excess of
twenty (20) years.
C. A period of earlier service does not apply toward longevity vacation
accumulation when an employee has had a break in continuous
service, unless the break in service is concluded by reappointment, as
provided in Section 9-1 14 of the Civil Service Rules and Regulations, or
by reemployment from layoff within one (1) year. Leave of absence
without pay, as provided in Article XI, Section 1 1.1 E (Sick Leave -
Extended), Article XI, Section 11.8 (Authorized Absence Without Pay -
Long Term) and Article XXI, Section 21.2 (Catastrophic Leave
Donation) 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.
D. Employees covered by this agreement are eligible to cash out up to
sixty (60) hours of their current year's allocation of longevity vacation.
E. Effective July 1, 2010, all employees covered by this Agreement shall
defer for the duration of Fiscal Year 2010-2011 and Fiscal Year 2011 -
2012 the ability to cash out longevity vacation time. Such deferral shall
not affect an employee's ability to be compensated for all
accumulated leave upon termination of employment with the City.
F. Effective July 1, 2012 through June 30, 2014, all employees covered by
this Agreement shall be permitted to cash out a maximum of one
hundred twenty (120) hours of accrued longevity vacation per fiscal
year. Such cash-out of longevity vacation shall not be counted or
credited as time worked for the purpose of overtime calculation.
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G. Effective July 1, 2014, the maximum permitted yearly cash-out of
longevity vacation shall revert back to sixty (60) hours per fiscal year.
10.4 Limitation on Vacation.
A. With the exception of a retiring employee, no employee is granted,
and no employee shall be allowed to take any vacation leave with
pay in excess of fifty (50) 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 two (2)
longevity vacation periods and the equivalent of one (1) regular
vacation period from the previous two (2) years. Therefore, the
maximum vacation that an employee with less than six (6) years
service could accumulate is thirty (30) working days (240 hours) and
only an employee with more than twenty (20) years service could
carry over and take the authorized maximum of fifty (50) working days
(400 hours) in any one year.
B. Effective as soon as practicable following approval of the
Memorandum of Understanding by the City Council, no employee
covered by this Agreement may carry over from one (1) calendar year
to the next more than the equivalent of three (3) longevity vacation
periods and the equivalent of one (1) regular vacation period from the
previous three (3) years, and vacation not taken beyond that amount
is forfeited. Effective July 1, 2014, limitation on vacation carryover shall
revert to that stated above in 10.4.A.
10.5 Excess Usage. If vacation time off is used in excess of that available, such
excess vacation time off will, first, be deducted from any available
compensatory time off accrual; finally, deducted from the next scheduled
salary payment.
10.6 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 time for regular and longevity vacation accrual
purposes.
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ARTICLE XI
11.0 OTHER LEAVES OF ABSENCE
11.1 Sick Leave.
A. Definition. Except as otherwise provided below, sick leave shall be
deemed to mean absence from duty of an employee because of
illness, injury, medical, or dental appointment 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, one (1),
eight (8) hour working day 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 time greater than
fifteen (15) consecutive calendar days in any one (1) calendar month
shall not be considered to be service entitling an employee to earn
sick leave as aforesaid. Subject to the other provisions in this Article,
sick leave shall accrue to the credit of each employee to the extent
that it is not used.
C. Authorized Only When Necessary. Use of sick leave by City employees
shall be authorized as follows:
Sick leave is not a right which an employee may use at his or her
discretion, but shall be allowed only in cases of necessity and
actual sickness or disability, or as authorized in Subsection J
below.
2. When an accepted industrial illness or injury has caused an
employee's absence, for which benefits are required under the
State Workers' Compensation Insurance and Safety Act, paid
sick leave shall 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 shall have the three
(3) used sick days recredited to his or her account if the
employee remains off work longer than fourteen (14) days. Paid
sick leave shall continue until the fourth (4th) 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
industrial illness or injury, they shall be advanced sick leave for
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25A-41
this purpose. Subsequently, the City shall 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 shall deduct the unrecovered cost of sick leave
from such terminated employee's final paycheck, to the extent
possible.
The City may authorize 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. The maximum total accumulation of sick leave with pay shall be
two hundred (200), eight (8) hour working days. Sick leave usage of
less than a full day shall be charged in minimum increments of one-
half (1/2) hour, with fractional usage rounded upward to the next higher
multiple of one-half ('/2).
E. Extended. The City Manager may grant leave up to six (6) months
without pay to an employee who has exhausted all of his or her
accrued sick leave if the City physician or a licensed physician
designated by the City Manager indicates that the employee shall be
sufficiently recovered to return to his or her employment within a six (6)
month period. Prior to the expiration of the additional time, the
employee may return to his or her position provided that the employee
has a certificate from one of the above mentioned physicians stating
that the employee is able to perform all the duties of his or her position
without qualification. In addition to the above, the City Manager may
grant a further extension not to exceed a total of one (1) year without
pay.
F. Extension by Use of Accrued Compensatory Time Off and/or Vacation.
After an employee's sick leave has been exhausted, he or she may
be granted permission to use, first, any unused compensatory time off
benefits, then, any unused vacation leave benefits he or she may
have accrued.
G. Notice. The employee taking sick leave shall notify his or her
immediate supervisor either prior to or within four (4) hours after the
time he or she is scheduled to report for duty, or as otherwise
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established by departmental regulations. When the absence is more
than three (3) consecutive working days, the employee must present
to his or her Department Head 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.
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 willful misconduct; or, sickness or disability sustained
while engaged in employment other than employment by the City, for
monetary gain or other compensation, or by reason of engaging in
business or activity for monetary gain or other compensation.
I. Excess Usage. If sick leave is used in excess of that due and available
an employee, such excess sick leave will, first, be deducted from any
available compensatory time off benefit; second, from any available
vacation leave benefit; finally, deducted from the next scheduled
salary payment.
J. Necessity Leave. Each employee shall be afforded the opportunity to
use up to 48 hours of sick leave per calendar year, on a non-
cumulative basis, as personal necessity leave. All of this personal
necessity leave may be used to attend to an illness of a child, parent,
or spouse of the employee. As used in this section, "child" means a
biological, foster, or adopted child, a stepchild, a legal ward, or a
child of a person standing in loco parentis; "parent" means a
biological, foster, adoptive parent, a stepparent, or a legal guardian;
and "immediate family" means any member of the employee's
household related by blood or marriage; a parent, parent-in-law,
spouse, child, brother, sister, grandparent, or grandchild of the
employee, regardless of residence; any other relative of the employee
by blood or marriage, where it can be established by the employee
that the employee's presence is required to handle emergency
arrangements and/or other matters.
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;
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25A-43
c) To cope with imminent danger to the employee's family, home,
or other valuable property;
d) When the existence of external circumstances beyond the
employee's control make it impossible for him or her to report for
duty; or
e) To attend to medical or dental appointments for members of
the employee's household.
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.
Except in cases of disability retirement, upon nondisciplinary
termination of employment after ten (10) years of cumulative
full-time service with the City, each qualified employee shall be
entitled to payment for one-third (1 /3) of the total sick leave
benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of five
hundred and thirty-three (533) hours, at the rate of pay effective
on the date of such termination.
Maximum sick leave cash-out after ten (10) years of service shall
be equal to five hundred and thirty-three (533) hours.
Payment of all unused sick leave shall be included in the
employee's final paycheck, and is subject to payroll taxes.
A lump sum payment shall be made to the beneficiaries of any
eligible employee whose death occurs while such employee is
an active employee of the City, such payment to be in the
amount of one-third (1 /3) of the total sick leave benefit credited
to the employee's account at the time of his or her death, and
at the rate of pay effective on the date of death.
2. At his or her option, an employee may convert any lump sum
payment provided herein into health insurance premiums, to
the extent necessary to provide the employee and his or her
designated eligible dependents, if any, with benefits under the
health insurance program maintained by the City. The City's
obligation to pay such premium shall terminate upon the
happening of any of the following events:
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a. Premiums have been paid on behalf of the former
employee until all monies are exhausted; or
b. The sum of premiums paid equals one hundred fifty
percent (150%) of the amount of the lump sum payment
that the employee would have received for unused sick
leave benefits had this option not been elected.
C. Except in cases of disability retirement, upon non-
disciplinary termination of employment after fifteen (15)
years of cumulative full-time service with the City, each
qualified employee 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
to be applied toward health insurance premiums only as
specified in Section 1 1.1.K.2 above, excluding Subsections
a and b.
3. Payment after 15 years. Affected employees shall be granted
payment for unused sick leave on the same basis above, with
the exception that such affected employees who have
completed fifteen (15) years of cumulative service with the city
shall be entitled to payment for one-half (1/2) of the total sick
leave benefit credited to his or her account upon the effective
date of his or her termination, not to exceed a maximum limit of
800 hours, at the rate of base pay effective on the date of such
termination.
4. Payment after 20 years. Affected employees shall be granted
payment for unused sick leave on the same basis above, with
the exception that such affected employees who have
completed twenty (20) years of cumulative 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 his or her termination, not to exceed a maximum limit of
1066 hours, at the rate of base pay effective on the date of such
termination.
11.2 Bereavement Leave.
A. An employee covered under this Agreement shall be granted up to
three (3) working days leave without loss of pay in the case of a death
of a member of the employee's immediate family. Such leave is
designated as bereavement leave. "Immediate family" as used in this
section is limited to:
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1. Any member of the employee's household related by blood or
marriage;
2. A parent, parent-in-law, stepparent, spouse, child, brother, sister,
stepbrother, stepsister, grandparent or grandchild of the
employee, regardless of residence;
3. Any other relative of the employee by blood or by marriage
where it can be established by the employee that as a result of
such relative's death, the employee's presence is required to
handle funeral arrangements and/or matters of estate.
B. Whenever an employee is required to travel one way more than 500
miles to attend to the death of a member of the employee's
immediate family, an employee may use up to sixteen (16) hours of
additional leave charged to their Personal Necessity Leave balance
when authorized by the Department Head.
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 shall be reinstated as provided in Section 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, shall be granted
leave with pay not to exceed thirty (30) calendar 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 non-party 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 his or her
Department Head 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.
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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 shall be granted leave with pay for the time actually
required without loss of any accrued vacation time off benefits.
11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of
time may be considered cause for dismissal. Unauthorized absence from
duty for a consecutive number of working hours equal to the number of
working hours in the employee's normal workweek (five (5) consecutive
working days) may be deemed a resignation from City service; provided,
however, if upon return to duty the person so absenting himself or herself
makes an explanation satisfactory to the Department Head regarding the
cause of his or her absence, the Department Head may restore him or her to
his or her position, with the City Manager's approval.
11.7 Authorized Absence Without Pay - Short Term. Absence without pay not to
exceed five (5) consecutive working days may be authorized by the
employee's Department Head. Absence without pay not to exceed fifteen
(15) calendar days may be authorized by the Department Head with the
approval of the City Manager. Such an absence may be authorized only if
in the judgment of the Department Head it serves the best interest of the City.
11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written
request from an employee having permanent status, plus action by the
Department Head 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 Department
Head 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) month
period, or shorter period if the full six (6) months is not taken. Upon receipt of
such notice, the Department Head shall take steps necessary to restore the
employee to his or her former position.
In addition to the above, the City Manager may grant a further extension not
to exceed a total of one (1) year leave of absence without pay.
11.9 Industrial Leave. 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 and seniority.
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25A-47
11.10 Pregnancy Disability Leave. A pregnant employee is entitled to a
reasonable leave of absence without pay for any temporary disability
resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such
reasonable leave of absence shall not exceed four (4) months. However, an
employee may be granted up to an additional two (2) months of leave, at
the discretion of the City Manager, for a total of up to six (6) months in which
to recover from the disability if substantiated by a physician's certificate.
Employees may take an unpaid leave of absence during pregnancy
disability consistent with the law.
As with all other temporary disabilities, a physician's certificate is required to
verify the extent and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give a reasonable
notice (not less than four (4) weeks) before the date she shall take the leave
and the estimated duration of the leave. Health and welfare insurance
coverage shall be continued only if the employee pays a cash premium to
continue coverage while on a leave of absence without pay or is covered
under the Family Medical Leave Act (FMLA) or California Family Rights Act
(CFRA) provisions.
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ARTICLE XII
12.1 EMPLOYEE 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 existing health insurance programs or new program or programs
providing substantially similar or improved coverage and benefits selected in
accordance with procedures in effect on the effective date of this
Agreement:
A. For each such employee who is covered under a spouse's non-City
sponsored health plan, the City shall pay the employee a cash
payment each month in an amount equal to 50% of the monthly
premium amount for the City's lowest "employee-only" coverage, if
said employee waives, in writing, City-paid coverage.
B. The City shall contribute toward medical premiums an amount
consistent with the rates then in effect for each tier of the CaIPERS
Kaiser Permanente HMO Other Southern California plan.
C. Effective as soon as practicable following approval of the
Memorandum of Understanding by the City Council, CASA members
shall contribute $40.00 per month toward the cost of medical
insurance premiums. This contribution is in addition to the amount an
employee currently pays toward the cost of his/her medical insurance
premiums, if any.
D. Effective as soon as practicable following approval of the
Memorandum of Understanding by the City Council, the payment to
CASA members who currently receive a cash payment each month in
accordance with section 12.1(A) above shall be decreased by $40
per month.
E. Any contribution necessary to maintain benefits under said medical
plans in excess of the amount set forth above shall be borne entirely
by the employee.
12.2 Dental Insurance. The City agrees to contribute a maximum of up to ninety
($90) dollars per month per employee toward the payment of premiums for
dental insurance plans provided by the City for employees covered by this
Agreement and their eligible dependents.
A. Effective as soon as practicable following approval of the
Memorandum of Understanding by the City Council, CASA members
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shall contribute $10.00 per month toward the cost of dental insurance
premiums. This contribution is in addition to the amount an employee
currently pays toward the cost of his/her dental insurance premiums, if
any.
B. Any contribution necessary to maintain benefits under said medical
plans in excess of the amount set forth above shall be borne entirely
by the employee.
12.3 Vision Plan. The City shall maintain in effect its existing vision plan, for
employees covered by this agreement. All costs of the premium shall be
paid by the employee.
12.4 Long-Term Disability (L.T.D.) Insurance. The City shall continue to pay one
hundred percent (100%) of the premium cost for a 60-day elimination period
long-term disability insurance plan for employees covered by this
Agreement.
12.5 Life Insurance. The City shall maintain in effect its existing life insurance plans
covering employees covered by this Agreement, including term life
insurance coverage for each affected employee in the amount of twenty
thousand dollars ($20,000) plus twenty thousand dollars ($20,000) Accidental
Death and Dismemberment (AD&D) coverage at no cost to the employee.
12.6 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
benefits changes are made.
12.7 When there is a need to discuss matters relating to employee insurance and
the City believes it would be beneficial to involve an Insurance Committee,
CASA shall have an equal number of representatives as the City on such a
committee, and the Committee shall meet as necessary.
12.8 Medical Retirement Subsidy Plan.
A. The City's current annual contribution towards the Medical Retirement
Subsidy Plan for employees covered under this Agreement is1.75% of the
bargaining unit's base salary, which is based on the first payroll period in
October and deposited no later than October 31 St of each year. Effective
Fiscal Year 2010-2011, the City's annual contribution to the Medical
Retirement Subsidy Plan for CASA employees shall be decreased from 1.75%
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 2 OU: 201 - .Q X14 Page 48
to 1%. Effective Fiscal Year 2011-2012, the City's annual contribution to the
Medical Retirement Subsidy Plan for CASA employees shall revert back to
1.75%.
1. If during the term of this Agreement, the City modifies the
contribution amount for any other bargaining unit's medical
retirement subsidy plan, the City and CASA agree to reopen this
provision of the Agreement and commence discussions
regarding the contribution amount.
B. The plan shall be administered by the City, at no cost to CASA or its members
pursuant to the written directives of CASA. The funds contributed by the City
shall be maintained in such a manner as to ensure 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. This program is for medical insurance premium
reduction only.
C. 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. The City agrees to amend the current contract with ICMA-RC to allow
CASA members to participate in the Retiree Health Savings Plan upon
approval of the majority of CASA members.
2. Upon approval to participate in the RHS, the City's annual contribution
of 1.75% for Fiscal Year 2012-2013 deposited in the Medical Retirement
Subsidy Plan shall be deposited in the individual RHS accounts of the
CASA members. This deposit will be made as soon as practicable
following establishment of individual RHS accounts for CASA members.
3. Upon approval to participate in the RHS, CASA shall determine how the
existing CASA medical Retirement Subsidy Plan funds will be
distributed among its membership and dissolve the existing CASA
Retiree Health Subsidy plan by June 30, 2014.
4. In the event CASA members do not approve implementation of the
ICMA-RC Retirement Health Savings Plan, the existing CASA Medical
Retirement Subsidy Plan will continue pursuant to Article XII, Section
12.8.A and 12.8.6 as stated in the CASA MOU.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 2 OU: 2010- 2¢ 14 Page 49
ARTICLE XIII
13.0 RETIREMENT
13.1 General. The terms of the existing contract between the City and the
California Public Employees' Retirement System (CaIPERS) governing the City
retirement benefits for affected employees are incorporated by reference
herein. The City shall continue to make contributions to CaIPERS in
accordance with its contract with CaIPERS for affected employees covered
by said contract as amended.
13.2 Deferred Retirement. The City shall continue to make payment to CaIPERS
on behalf of each affected employee, as defined in Sections 13.3.A and 13.111
(below), in an amount necessary to pay one hundred percent (100%) of his
or her individual retirement contribution which-is equal to eight percent (8%)
of base salary. Such payments shall be credited to the individual
employee's CaIPERS account.
Such payments are not increases in base salary and no salary rate range
applicable to any of the employees covered by this Agreement shall be
changed or deemed to have been changed by reason thereof. As a result,
the City shall not treat these payments as ordinary income and, thus shall 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.
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 sixteen (16) salary rate ranges (8%).
For the purpose of reporting an employee's compensation to CaIPERS, the
City shall include these payments as if they were a part of the employee's
base salary.
13.3 2.7% at 55 Service Retirement Benefit for Miscellaneous Members.
A. The City agrees to continue to provide Miscellaneous employees
covered by this Agreement who were appointed to their classification
on or before December 31, 2012 with the 2.7% at 55 Service Retirement
benefit. Pursuant to CaIPERS regulations, this formula shall apply only to
the aforementioned CASA employees that are in an active status. This
formula shall apply to each year of eligible service credited with the
City of Santa Ana.
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B. The City agrees to provide Miscellaneous employees covered by this
Agreement who are appointed to their classification on or after
January 1, 2013 and are not new members as defined by the
California Public Employees' Pension Reform Act of 2013 (AB340), with
the 2.7% at 55 Service Retirement benefit. Pursuant to CalPERS, this
formula shall apply only to the afore-mentioned CASA employees that
are in an active status. This formula shall apply to each year of eligible
service credited with the City of Santa Ana.
C. Payment toward the 2.7% at 55 Service Retirement Benefit. Employees
defined in Section 13.3.A (above) covered by this Agreement began
paying a total of 6.3% on July 1, 2009 toward the cost of the 2.7% at 55
enhanced retirement formula. Effective as soon as practicable
following approval of the Memorandum of Understanding by the City
Council, miscellaneous employees covered by this Agreement agree
to contribute an additional 1 % toward the employer cost of the 2.7% at
55 retirement benefit, for a new total contribution of 7.3%.
Effective the first full pay period of January 2012, CASA members
agree to pay an additional .7% of their salary (for a total contribution
of 8%) of the employer contribution. All employer contributions to
CalPERS for their retirement benefits shall be implemented as cost-
sharing pursuant to Government Code Section 20516(f). To the extent
permitted by CalPERS and the Internal Revenue Service, this additional
.7% shall be implemented through payroll deductions on a pre-tax
basis.
Employees defined in Section 13.3.13 (above) shall contribute 10.5% of
their salary toward the employer contribution of the 2.7% at 55
retirement benefit. All employer contributions to CalPERS for their
retirement benefits shall be implemented as cost-sharing pursuant to
Government Code Section 20516(f).
Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal
Revenue Service regulations, the City shall make the above employee
deductions pre-tax contributions.
13.4 2.0% at 62 Service Retirement Benefit for Miscellaneous Members.
A. The City agrees to provide Miscellaneous employees covered by this
Agreement who were appointed to their classification on or after
January 1, 2013, and who are defined as new members under the
California Public Employees' Pension Reform Act of 2013 (AB340), with
the 2.0% at 62 Service Retirement benefit.
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Pursuant to CalPERS regulations, this formula shall apply only to the
afore-mentioned CASA employees that are in an active status. This
formula shall apply to each year of eligible service credited with the
City of Santa Ana.
B. Payment towards the 2.0% at 62 Service Retirement Benefit. Employees
defined in 13.4.A (above) covered by this Agreement shall contribute
at least 50% of normal cost of the 2.0% at 62 retirement benefit.
Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal
Revenue Service regulations, the City shall make the above employee
deductions pre-tax contributions.
13.45 Credit for Unused Sick Leave. An employee covered by this Agreement shall
be permitted to have unused accumulated sick leave at the time of
retirement converted to additional service credit at the rate of 0.004 years of
service credit for each eight-hour day of unused sick leave (i.e., 200 days of
sick leave equals.80 additional year's of service credit). The City must report
only those days 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.
13.56 Military Service Credit as Public Service. An employee covered by this
Agreement shall be permitted to purchase up to four (4) years of service
credit for any continuous active military or merchant marine service prior to
employment. The employee must contribute an amount equal to the
contribution for current and prior service that the employee and the
employer would have made with respect to that period of service.
13.67 Deferred Compensation.
A. Background. Prior to July 1, 1991, the City authorized an amount equal
to one percent (1.0%) of base pay for a deferred compensation
benefit for full time "confidential" employees. This benefit was treated
separately from salary, and was not included in the City's salary and
wage schedule. Effective July 1, 1991, to comply with CalPERS wage
reporting requirements, this benefit was added to the pay rate
assigned to each "confidential" classification and reported as "salary"
to CalPERS. Thereafter, pay levels for "confidential" classifications
included this additional one percent (loo) deferred compensation
benefit.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-1-214 Page 52
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ARTICLE XIV
14.0 SAFETY
14.1 General. The City and the employees of the City agree to comply with all
applicable Federal, State and local laws, and the City of Santa Ana
regulations, which relate to health and safety.
14.2 Central Safety Committee. CASA may designate two (2) representatives and
two (2) alternates to serve on the City's Central Safety Committee.
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ARTICLE XV
15.0 GRIEVANCE REVIEW PROCEDURE
15.1 Definition of a Grievance. A grievance shall be defined as a timely
complaint by an employee or group of employees or CASA concerning the
interpretation or application of specific provisions of this Agreement, or of the
rules and regulations governing personnel practices orworking conditions of
the City, except, however, those matters specifically assigned to the
jurisdiction of the City Personnel Board by those provisions of the City Charter
and the Civil Service Rules and Regulations.
15.2 Informal Process - First Step
A. An employee and/or his or her designated representative 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 fifteen (15) business days after the
occurrence of the alleged incident giving rise to the grievance, or
when the grievant knew or should have reasonably become aware of
the facts giving rise to the grievance.
B. Every effort shall be 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 fifteen (15) business 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 in duplicate to the employee's
Department Head. If the Department Head is the immediate
supervisor, the employee may proceed directly to the City Manager or
his/her designee. At this point, the grievance review process becomes
formal. Should the grievant fail to file a written grievance, and in the
manner specified above, within fifteen (15) business days after first
discussing the grievance with the employee's immediate supervisor,
the grievance shall be barred and waived.
D. Any resolution of the grievance at the informal stage by any person
other than a middle manager or above shall not become
precedence or be used to establish past practice regarding
implementation, interpretation, or application of this Agreement.
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15.3 Formal Process.
A. Second Step. The Department Head or his or her designated
representative shall meet with the employee and/or the employee's
designated representative within fifteen (15) business days after the
grievance has been submitted to the Department Head. The
Department Head, or his or her designated representative, shall review
the grievance and may affirm, reverse or modify the disposition made
at the First Step and shall deliver his or her answer to the employee
and/or the employee's designated representative within ten (10)
business days after said meeting.
B. Third Step. If the grievance is not satisfactorily resolved at the Second
Step, the employee and/or the employee's representative may submit
the grievance in writing to the City Manager or his or her designated
representative within thirty (30) days of being informed of the
disposition made at the Second Step. Failure of the grievant and/or his
or her designated representative to take this action shall constitute a
waiver and bar to the grievance, and the grievance shall be
considered settled on the basis of the disposition made at the Second
Step.
The City Manager or his or her designated representative shall meet
with the employee and/or the employee's designated representative
within fifteen (15) business days after submission of the grievance. The
City Manager, or his or her designated representative, after careful
review, may affirm, reverse, or modify the disposition made at the
Second Step and his or her decision, which shall be final and binding,
shall be delivered in writing, to the employee and/or the employee's
designated representative within fifteen (15) business days after said
meeting.
A copy of the written grievance to the City Manager, or his or her duly
authorized representative, and of the City Manager's or his or her
representative's written decision, shall be filed in the personnel records
of the department and maintained in the City Personnel Services
Department.
15.4 Reservation of Rights. After the procedure set forth in this Article has been
exhausted, the grievant, CASA, and the City shall have all rights and
remedies to pursue said grievance under the law.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 55
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ARTICLE XVI
16.0 ASSOCIATION RIGHTS
16.1 Release Time for Association Representatives. CASA shall have the right to
appoint/elect a reasonable number of representatives who are recognized
by the City as officers or work site leaders/stewards.
A. Such reasonable number of work site leaders/stewards recognized by
the City shall be limited to six (6).
B. The City's Executive Director of Personnel Services shall be provided
with a list of names and classification titles of CASA's officers as set
forth in Exhibit B of the Confidential Association of Santa Ana City MOU,
as well as the names and classification titles of all work site
leaders/stewards and other Association representatives. The
Association agrees to inform the City in writing of any changes in said
list within ten (10) calendar days.
C. During the term of this Agreement, the City agrees to allow reasonable
time off without loss of compensation to enable the officers and
worksite leaders/stewards to assist other CASA unit employees in
processing grievances under the Grievance Review Procedure and
other CASA business activities; provided, however, that such officers
and worksite leaders/stewards shall make advance arrangement with
their supervisors prior to absenting themselves for such purpose. The
officers and worksite leaders/stewards shall be required by the City to
record and report to their supervisors the work time spent in assisting
other bargaining unit employees pursuant to this provision of the
Agreement.
Time spent by the Association President, officers or worksite
leaders/stewards on Association Release time, under this MOU, shall
not be considered time worked for computation of overtime
according to the Fair Labor Standards Act.
16.2 Worksite Access.
A. Officers, worksite leaders/stewards and/or Association representatives
shall be permitted to visit break and lunch areas designated by the
City, before or after work or during designated lunch periods for the
purpose of discussing Association business, provided that
arrangements are made in advance with the manager responsible for
the worksite.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU:0=0= ?¢?214 Page 56
B. Such visits shall not disrupt the work of City employees, interfere with
the normal operations of the department or with established safety
and security requirements. Where any such problems arise, CASA and
the City will agree on an alternate meeting/conference facility for the
purpose of providing a place for CASA to hold a meeting before or
after work or during lunch periods. If the City facility provided CASA as
an alternate meeting site during non-working hours is a public meeting
room, its scheduling and use shall be governed in accordance with
regulations pertaining to the use of public meeting rooms at City
facilities.
C. Solicitations of membership and all activities concerned with the
internal management of CASA, such as collecting dues, holding
membership meetings, preparation of petitions, campaigning for
office, conducting elections and distributing literature, shall not be
conducted during working hours.
D. Officers and employees may perform those duties assigned to them
by CASA, but in no event shall they have the right to interfere with the
performance of work of any other employee or interfere with City
operations or to call a strike, slowdown, work stoppage, sympathy
strike or take any economic action against the City.
16.3 Release Time for Employee Representatives.
A. In the event that CASA is formally meeting and conferring with
representatives of the City on matters within the scope of
representation during regular City business hours, a reasonable
number of officers, employee representatives or other officials of CASA
shall be allowed reasonable time off without loss of compensation or
other benefits.
B. Such officers and employee representatives shall not leave their duty
or work station or assignment without the prior knowledge of their
supervisor or such supervisor's supervisor.
C. Such meetings are subject to scheduling in a manner consistent with
City operating needs and work schedules.
16.4 Use of Bulletin Boards. Space shall be made available to CASA on the City's
existing employee bulletin boards for the purpose of posting notices
pertaining to Association business, subject to the following conditions:
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 57
25A-59
A. Material posted by CASA shall not include campaign material on
municipal election matters, including elections for City Council, other
City positions, or other municipal political matters.
B. Material posted is not derogatory to the City, City employees or other
employee organizations.
C. All materials are dated, identify CASA and bear the signature of the
authorized representative (s) of CASA responsible for their issuance.
D. The City reserves the right to determine what reasonable portion of
employee bulletin boards are to be allocated to Association materials.
E. If CASA does not abide by these provisions, it will forfeit its right to have
materials posted on the City's employee bulletin boards.
CASA shall not be permitted to post any material that is prohibited by
State law or the City Charter.
16.5 Use of City Facilities. The City shall allow CASA to conduct meetings in the
City's public meeting rooms during non-working hours provided such
meetings are scheduled in accordance with regulations governing the use
of public meeting rooms at City facilities; provided, however, CASA shall not
be permitted to use City facilities to discuss or present any matter that is
prohibited by State law or the City Charter.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 58
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ARTICLE XVII
17.0 DUES DEDUCTION & INDEMNIFICATION
17.1 Dues Deduction. Upon ratification and approval of dues collection by
Association membership, the City shall deduct dues, on a regular basis, from
the pay of all employees recognized to be represented by CASA, who
voluntarily authorize such deduction, in writing, on a form to be provided for
this purpose by the City. The City shall remit such funds to CASA within thirty
(30) calendar days following their deduction. Provisions for such dues
deduction shall be included in future Memorandums of Understanding
should CASA members elect to authorize said deduction.
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ARTICLE XVIII
18.0 CITY RIGHTS
18.1 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 nonexistence 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 to contract
for or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with
requirements as determined by the City, and to establish and change
work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non-
disciplinary reason, subject to the provisions of the City Charter,
Municipal Code, Federal and State law and this Agreement.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOu?010= 121-214 Page 60
K. To establish and modify productivity and performance programs and
standards.
L. To discharge, suspend, demote, or otherwise discipline employees for
proper cause in accordance with the provisions set forth in the City
Charter and Santa Ana Municipal Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non-disciplinary
reasons in accordance with this Agreement.
0. To determine policies, procedures, and standards for selection, training
and promotion of employees.
P. To establish employee performance standards including but not
limited to quality and quantity standards and to require compliance
therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to
maintain order and safety in the City which are not in contravention
with this Agreement.
S. To take any and all necessary action to carry out the mission of the
City in emergencies.
18.2 Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated
exercise of Management's rights shall impact on a significant number of
employees of the bargaining unit, the City agrees to meet and confer in
good faith with representatives of CASA 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.
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ARTICLE XIX
19.0 STRIKES & WORK STOPPAGES
19.1 Prohibited Conduct.
A. Any employee of the City who engages in any strike, sickout, or other
partial or total stoppage of work shall be subject to suspension,
demotion or dismissal by the appointing authority without right of
appeal to the Personnel Board in accordance with City Charter
Section 1014.
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ARTICLE XX
20.0 LAYOFFS
20.1 It is the hope of the City not to separate any employee(s) from employment
because of a reduction in the work force or work week during the term of this
Agreement. However, circumstances arising during this Agreement may
require such separation(s). In that event, the City shall provide reasonable
notice to CASA of the details of the separation(s) in order to meet and
exchange information, opinions and proposals regarding the
consequence(s) of the separation(s) on the employee(s). This provision in not
intended to be a waiver of any other rights the parties may have under this
Agreement.
20.2 If it is decided to contract out work currently being performed by employees
of this bargaining unit and it is projected that no employee covered by this
Agreement is to be laid off, receive a reduction in hours worked, or receive a
loss in pay due to said contracting out, the City shall provide CASA
reasonable notice of the decision to contract out, shall meet with CASA
upon CASA's request over the impact of the decision to contract out and
shall consider reasonable alternatives provided by CASA.
20.3 If the City determines to contemporaneously replace employees covered by
this Agreement with contract workers to perform the same work under similar
circumstances, it shall expeditiously notify CASA of its intentions. Upon
request by CASA the City shall schedule meetings with CASA leadership to
discuss this objective and give CASA the opportunity to present information
before any final decision. The City and Association leadership agree to
commence meeting when practicable for a period not to exceed forty-five
days, unless mutually agreed to meet longer. At the end of the agreed upon
time and if the parties have not achieved satisfactory resolution, the issues
shall be resolved according to the City's Employer-Employee Relations
Resolution (Resolution No. 81-75 - Exhibit C of this MOU).
20.4 Notwithstanding Section 20.2 and/or Section 20.3 hereof, if any bargaining
unit member is laid off as a result of a decision by the City to contract out
work, the City shall make a reasonable effort to cause the affected
employee(s) to become employed by the company or entity with which the
City contracted for the applicable services.
20.5 The principles of seniority (length of service) shall govern layoffs as described
herein, except in the event that more than one employee has the same
seniority date, in which case performance also shall be considered. The
City's determination of performance shall not be arbitrary or capricious in
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 203214 Page 63
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nature. Any dispute over the application of the principles outlined in this
Article XX shall be subject to the grievance procedure.
A. Classification seniority is defined as length of service in the
classification, and shall begin on the first date worked by the
employee in that classification. Whenever a position within a
classification is to be eliminated, resulting in the layoff of an employee,
seniority shall govern the order of layoff. The employee with the lowest
seniority in the affected classification shall be laid off first.
B. In lieu of layoff, an employee may elect to work in a lower
classification, in which he or she has served, providing that a vacancy
exists and the classification is within the same job family/career ladder.
In that event, the employee's length of service in the next lower
classification shall be added to his or her length of service in the
affected classification, and said combined seniority shall be used to
bump down into the next lower classification. This method of
combining seniority shall be applied to subsequent lower
classifications.
C. The reemployment list shall be valid for one year from the date of its
establishment. Reemployment shall be in reverse order of layoffs. The
Joint Labor Management Committee as outlined in Article Number XXI
shall determine Job Family/Career Ladder for purposes of layoff. See
Article XXI, Section 21.3.A, Joint Labor Management Teams - Career
Ladder/Job Family.
20.6 A bargaining unit employee who is laid off from full time City employment
pursuant to this Article, may be granted a temporary appointment to a
vacant position in any classification for which there is no eligible list and for
which said employee meets the minimum qualifications established for the
classification and possesses the requisite knowledge, skills and abilities to
satisfactorily perform the work of the classification. Such temporary
appointment shall be terminated upon the establishment of a new eligible
list for the classification or on the one hundred eightieth (180th) day following
the initial day of such temporary appointment, whichever occurs first.
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ARTICLE XXI
21.0 MISCELLANEOUS PROVISIONS
21.1 The City agrees to distribute Association membership pamphlets to
bargaining unit employees at the new employee orientation sessions
conducted by the City.
21.2 Catastrophic Leave Donation. In order to assist employees otherwise
granted leave of absence without pay by the City Manager because of a
catastrophic, non-industrial medical condition or injury, the City and
Association agree to implement a Catastrophic Leave Donation Program.
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's becoming eligible for the L.T.D. benefits. Any remaining
Catastrophic Leave benefit will be used to supplement L.T.D. benefit
payments to ensure an employee continues to receive their full salary
continuation between both 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 a two-week period to submit
donations. Donations received after this two-week period shall
not be processed. The two-week period for each case shall be
designated by the Department Head or his or her designee as
provided herein below.
3. All donations must be made in two (2) hour increments and a
maximum of eight (8) hours per donor, except in lieu holidays
must be for eight (8) hours.
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4. Any authorization of donations not made in accordance with
the procedures outlined in Section C, Subparagraph 2 below,
will not be processed.
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations
have been exhausted, any balance on the books shall be
accrued by the recipient and designated as sick leave and
may be used pursuant to Article X, Sections 10.1A through
10.46.
B. Eligibility. 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 and vacation, will
be exhausted and the employee's illness will continue past the
time when the employee will be on paid status.
2. The employee's Department Head, or his or her designee, has
approved a written request for donations accompanied by a
medical statement from the employee's attending physician.
The attending physician's statement must verify the employee's
need for an extended medical leave and an estimate of the
time the employee will be unable to work.
C. Procedure.
I . Upon receipt of a valid request for donations from an eligible
employee, the Department Head 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 or her name, department name, and employee
number.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 20-1-214 Page 66
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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.
3. At the close of the donation period, the department shall verify
that each donating employee has accrued vacation and/or
compensatory time balances sufficient to cover the designated
donation.
4. The department shall submit all approved donation
authorizations for an eligible employee at one time for
processing. No donation authorizations for the eligible
employee will be processed after this period. However,
employees who receive donations under this procedure and
who exhaust all donated hours may request an additional
donation period subject to the provisions of Section A, herein.
5. The City shall add the donated time to the recipient's sick leave
account.
21.3 Joint Labor Management Teams. The City and CASA agree to form Joint
Labor Management teams for the purpose of exploring issues of mutual
concern. Each team shall be comprised of an equal number of labor and
management employees and shall be chaired by the Executive Director of
Personnel, or his or her designee. In no case shall the activity of a team
create a delay or hindrance to the ongoing operation of the City. The City
and CASA shall hold an initial meeting no sooner than one (1) month of
ratification of this Agreement and upon CASA's written request to meet to
determine team composition, frequency of meetings and meeting
schedules.
The teams to be formed are:
A. Career Ladder/Job Family: for the purpose of developing career
ladder/job family series to be used in promotions or in the event of
layoffs; and
B. Bilingual Pay: for the purpose of discussing primary and secondary
bilingual pay provisions.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-1214 Page 67
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C. Job Classification Studies: for the purpose of identifying positions
which have increased in complexity.
D. Career Development Incentive Plan: for the purpose of identifying
career development incentives.
E. Direct Deposit: for the purpose of developing a direct deposit program
for the City.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 68
25A-70
ARTICLE XXII
22.0 SOLE & ENTIRE AGREEMENT
22.1 It is understood and agreed that the parties to this Memorandum of
Understanding are subject to all current and future applicable Federal and
California laws, the City of Santa Ana Charter and Municipal Code, as well
as the City's Employer-Employee Relations Resolution number 81-75 (Exhibit
C). It is the intent of the parties hereto that the provisions of this Agreement
shall supersede all prior agreements and memoranda of agreement, or
memoranda of understanding, or contrary salary and/or personnel rules and
regulations or administrative codes, provisions of the City, oral or written,
express 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.
The City shall provide employees covered by this Agreement a copy of this
Agreement and its attachments, including a section containing the
Employer-Employee Relations Resolution of the City of Santa Ana.
22.2 Notwithstanding the foregoing, there exists within the City personnel rules and
regulations and departmental rules and regulations. These rules and
regulations shall be continued to the extent they do not contravene specific
provisions of this Agreement. Such rules and regulations may, from time to
time, be changed by the City. If these changes affect wages, hours, and/or
other terms and conditions of employment, the City shall meet and confer
with CASA; provided, further, however, no provision of the rules and
regulations shall be changed to contravene specific provisions of this
Agreement.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 69
25A-71
ARTICLE XXIII
23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
23.1 During the term of this Agreement, the parties mutually agree that they will
not seek to negotiate or bargain with regard to wages, hours and terms and
conditions of employment, whether or not covered by the Agreement or in
the negotiations leading thereto, 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.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) 1OU:01 14 Page 70
ARTICLE XXIV
24.0 EMERGENCY WAIVER PROVISION
24.1 In the event of circumstances beyond the control of the City, such as acts of
God, fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, provisions of this Agreement or the Personnel Rules or
Resolutions of the City, which restrict the City's ability to respond to these
emergencies, shall be suspended for the duration of such emergency. After
the emergency is declared over, this Agreement will be reinstated
immediately. CASA shall have the right to meet and confer with the City
regarding the impact on employees of the suspension of the provisions in the
Agreement during the course of the emergency.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 71
25A-73
ARTICLE XXV
25.0 SEPARABILITY PROVISION
25.1 Should any provision of this Agreement be found to be inoperative, void, or
invalid by a court of competent jurisdiction, all other provisions of this
Agreement shall remain in full force and effect for the duration of this
Agreement, provided that if any such affected provisions invalidate or void
any benefits of employees covered hereunder, the parties shall forthwith
commence negotiations to replace the invalidated benefits with benefits of
comparable value.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20 14 Page 72
25A-74
ARTICLE XXVI
26.0 TERM OF AGREEMENT
26.1 The term of this Agreement shall be from July 1, 2010 to June 30, 204-214.
26.2 If this Agreement is not replaced by a new mutually-agreed upon
Agreement between the City of Santa Ana and CASA before June 30,
2014, then it is agreed that all provisions of this MOU shall remain in effect
until mutual agreement is reached on a new Memorandum of
Understanding.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 20-1214 Page 73
25A-75
ARTICLE XXVII
27.0 RATIFICATION & EXECUTION
27.1 The City and CASA 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 CASA acknowledge
that this Agreement shall not be in full force and effect until ratified by the
membership of CASA 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 CASA and entered into this 2017th
day of S&ODecember, 204-012.
CITY OF SANTA ANA, a Municipal
Corporation of the State of California
Dated: By:
Mayor
Dated: By:
City Manager
Dated: By:
Executive Director,
Personnel Services
ATTEST:
Maria D. Huizar,
Clerk of the Council
APPROVED AS TO FORM:
jeseph Strek%Sonia R. Carvalho
StGRt City Attorney
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-14 Page 74
25A-76
This Agreement has been ratified by the membership of the Confidential
Association of Santa Ana (CASA).
Dated:
CASA:
By:
Kathleen Crook,
CASA Vice President
Debbie LGrnpMGR,
CAS NegGfiGtiG S TeGM
William Navaja,
CASA Negotiations Team
ARite R. , Waldo Barela
CASA President, Chief Negotiator
Jeannette Palma,
CASA Negotiations Team
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 203-214
25A-77
Page 75
CASA BASIC SALARY & WAGE SCHEDULE EXHIBIT A
Page 1 of 2
The City's Basic Salary and Wage Schedule provides for a number of ranges of pay rates (salary rate
ranges) each comprised of six pay steps or rates for full-time employees in CASA classifications. The
salary rate ranges are identified by a three digit number, and salary steps are identified by letters
AA, A to E inclusive. For CASA employees covered by this Agreement, the purpose of each step and
the length of service required for advancement within the rate range are summarized as follows:
Purpose:
AA Step - Normal beginning pay rate.
A Step - Automatic Increase. Also, optional hiring rate.
B Step - Automatic Increase. Also, optional hiring rate.
C Step - Automatic Increase. May also be maximum hiring rate for certain
classifications.
D Step - Automatic Increase, and is maximum hiring rate.
E Step - Merit Rate.
Required Length of Service:
AA to A - After six months' completed service.
A to B - After one year's completed service.
B to C - After one year's completed service.
C to D - After one year's completed service.
D to E - After 18 months' completed service.
In the following salary schedule matrix, each salary rate range is identified by a three digit number.
The first two digits are listed in the first vertical column on the left and the third digit is listed
horizontally across the top and identifies the appropriate column. This three digit salary rate range
number locates the "AA" step of the range, which is the first of the 6 steps. Steps "A," "B", "C", "D",
and "E" are found in the column directly below the "AA" step. For example, the "AA" step of Salary
Rate Range No. 401 is found to be $1476 by moving down the left column to the number 40 (the first
two digits of the Salary Rate Range No.), then horizontally to column 1 (the third digit of the Salary
Rate Range No.). The "AA" step of $1476 has the remaining steps shown directly beneath it; thus the
full, six-step range is 1476-1549-1627-1708-1793-1883. In the same manner, Salary Rate Range No. 455
is found to be 1921-2017-2118-2223-2334-2451.
SALARY SCHEDULE MATRIX
0 1 2 3 4 5 6 7 8 9
38 1332 1338 1345 1352 1358 1365 1372 1379 1386 1393
39 1399 1405 1413 1420 1427 1434 1441 1448 1455 1463
40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536
41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612
42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693
43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778
44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866
45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960
46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058
47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160
48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 76
25A-78
CASA BASIC SALARY & WAGE SCHEDULE EXHIBIT A
(Salary Schedule Matrix Continued) Page 2 of 2
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 6416 6446 6478 6510 6542 6574 6606 6638
71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971
72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319
73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685
74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069
75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473
76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897
77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342
78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819
79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309
80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825
81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366
82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934
83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532
84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158
85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816
86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507
87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232
88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 204-214 Page 77
25A-79
EXHIBIT B
CONFIDENTIAL ASSOCIATION OF SANTA ANA
FOR FISCAL YEARS JULY 1, 2010 THROUGH JUNE 30, 2012
ASSIGNMENT OF CLASSIFICATIONS TO SALARY RATE RANGE
7/1/2010 7/1/2011 1/1/2012 7/1/2012
RANGE RANGE RANGE RANGE
JOB TITLE NO. NO. NO. NO.
BUDGET ANALYST (UC) 655 660 664 664
COUNCIL SERVICES SECRETARY (UC) 576 581 585 585
EXECUTIVE ASSISTANT (UC) 632 637 641 641
EXECUTIVE SECRETARY TO THE POLICE CHIEF (UC) 607 612 616 616
FINANCE EXECUTIVE SECRETARY (UC) --- --- -- 612
FINANCIAL ANALYST (UC) - -- --- 659
LEGAL OFFICE ASSISTANT (UC) 531 536 540 540
LEGAL SECRETARY (UC) 575 580 584 584
LIABILITY CLAIMS PROCESSOR (UC) 580 585 589 589
LOSS CONTROL ANALYST (UC) 650 655 659 659
LOSS CONTROL TECHNICIAN (UC) 629 634 638 638
MANAGEMENT AIDE (UC) 629 634 638 638
MANAGEMENT ANALYST (UC) 655 660 664 664
MANAGEMENT ASSISTANT (EXEMPT) (UC) 655 660 664 664
PARALEGAL (EXEMPT) (UC) 610 615 619 619
PAYROLL SYSTEMS ANALYST (UC) 695 700 704 704
PAYROLL TECHNICIAN (UC) 609 614 618 618
PERSONNEL ANALYST (UC) 650 655 659 659
PERSONNEL EXECUTIVE SECRETARY (UC) 597 602 606 606
PERSONNEL SECRETARY (UC) 576 581 585 585
PERSONNEL SERVICES RECEPTIONIST (UC) 558 563 567 567
PERSONNEL SERVICES SPECIALIST (UC) 568 573 577 577
PERSONNEL TECHNICIAN (UC) 609 614 618 618
POLICE PERSONNEL SERVICES SPECIALIST (UC) 589 594 598 598
RISK MANAGEMENT TECHNICIAN (UC) --__ 614 618 618
SECRETARY TO THE CITY MANAGER (UC) 653 658 662 662
SENIOR BUDGET ANALYST (UC) 684 689 693 693
SENIOR FINANCIAL ANALYST (UC) -- - --- 703
SENIOR LEGAL MANAGEMENT ASSISTANT (EXEMPT) (UC) 684 689 693 693
SENIOR LEGAL OFFICE ASSISTANT (UC) 558 563 567 567
SENIOR LEGAL SECRETARY (UC) 597 602 606 606
SENIOR MANAGEMENT ANALYST (UC) 684 689 693 693
SENIOR MANAGEMENT ASSISTANT (EXEMPT) (UC) 684 689 693 693
SENIOR PARALEGAL (EXEMPT) (UC) 650 655 659 659
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOLI: 2010 - 204-214 Page 78
25A-80
SENIOR PAYROLL TECHNICIAN (UC)
SENIOR PERSONNEL ANALYST (UC)
SENIOR PERSONNEL RECEPTIONIST (UC)
SENIOR PERSONNEL SERVICES SPECIALIST (UC)
SENIOR PERSONNEL TECHNICIAN (UC)
SENIOR RISK MANAGEMENT TECH NICAN (UC)
SENIOR WORKERS' COMP. CLAIMS ASSISTANT (UC)
SENIOR WORKERS' COMP. CLAIMS EXAM. (UC)
SENIOR WORKERS' COMP. SYSTEMS TECHNICIAN (UC)
TRAINING COORDINATOR (UC)
WORKERS' COMPENSATION CLAIMS ASSISTANT (UC)
WORKERS' COMPENSATION CLAIMS EXAMINER (UC)
WORKERS' COMPENSATION SYSTEMS TECHNICIAN (UC)
629 634 638 638
694 699 703 703
576 581 585 585
589 594 598 598
629 634 638 638
- - -- 638
604 609 613 613
669 674 678 678
- - -- 623
694 699 703 703
580 585 589 589
639 644 648 648
- - - 599
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 201 0- 204-214
25A-81
Page 79
Exhibit C
RESOLUTION NO. 81-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RELATING TO EMPLOYER-EMPLOYEE RELATIONS
IN THE PUBLIC SERVICE OF THE CITY OF SANTA ANA
WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the City to
maintain and enhance its administration of employer-employee relations and to protect the public
by assuring at all times the orderly and uninterrupted operations and services of City government;
and
WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of communication
between the City and its employees, including provisions for (a) recognizing the rights of employees
to join organizations of their own choosing for the purpose of representation on matters affecting
employee relations or to represent themselves individually in dealing with the City; and (b)
establishing equitable and uniform rules and procedures to provide for the orderly and systematic
presentation, consideration and resolution of employer-employee relations matters; and
WHEREAS, the City of Santa Ana has met and conferred in good faith with representatives of the
Santa Ana City Employees' Association; Santa Ana Police Benevolent Association; Santa Ana
Firemen's Benevolent Association; and the American Federation of State, County and Municipal
Employees, AFL-CIO, which are the only employee organizations known to the City to have among
their members employees of the City, concerning the rules and regulations for the administration of
employer-employee relations set forth herein; and
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as follows:
Section 1: Title of Resolution
This Resolution shall be known as the "Employer-Employee Relations Resolution of the City of Santa
Ana".
Section 2: Definitions
As used in this Resolution, the following terms shall have the meanings indicated:
APPROPRIATE UNIT - means a unit of employee classifications or positions established pursuant to
Section 1 1 of this Resolution.
CITY - means the City of Santa Ana, a municipal corporation, and where appropriate herein, "City"
refers to the City Council or any duly authorized management employee as herein defined.
DAY - means calendar day unless expressly stated otherwise.
EMPLOYEE - means any person regularly employed by the City on a full time basis except those
persons elected by popular vote.
EMPLOYEE, CONFIDENTIAL- means an employee who is assigned to perform work directly involved in
the development, preparation or presentation of management positions with respect to employer-
employee relations.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 2014 Page 80
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EXHIBIT C (Continued)
EMPLOYEE, MANAGEMENT - means any employee having responsibility for formulating, administering
or managing the implementation of City policies or programs, including but not limited to,
department and assistant department heads, division heads, and professional administrative staff
employees employed to render advice and assistance pertaining to the conduct of legal, fiscal,
budgetary, personnel management and employer-employee relations affairs of the City.
EMPLOYEE, PROFESSIONAL - means a classification of employees engaged in work (a)
predominantly intellectual and varied in character as opposed to routine mental, manual,
mechanical or physical work; (b) involving the constant exercise of discretion and judgment in its
performance; and (c) requiring knowledge in a field of science or learning customarily acquired by
a prolonged course of specialized intellectual instruction and study in an institution of higher
learning, as distinguished from a general academic education, or from an apprenticeship or from
training in the performance of routine, mental, manual or physical processes.
EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having
authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge,
assign, reward, or discipline other employees, or the responsibility to assign work to and direct them,
or to evaluate or review their grievances, or effectively to recommend such actions, if in connection
with any of the foregoing, the exercise of such responsibility is not of merely routine or clerical nature,
but requires the use of independent judgment.
EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City
and which has as one of its primary purposes representing such employees in their employment
relations with the City; provided, however, that said organization has no restrictions on membership
based on race, color, creed, sex or national origin.
EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of employer-
employee relations designated pursuant to Section 3 hereof, or his duly authorized representative.
EMPLOYER-EMPLOYEE RELATIONS - means the relationship between the City and its employees and
their employee organization, or when used in a general sense, the relationship between City
management and individual employees or employee organizations.
GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized
employee organization concerning the meaning, application, or enforcement of any of the
provisions of the City's Employer-Employee Relations Policy or of a memorandum of understanding;
and for which specific hearing or appeal procedure is not otherwise provided, or is not specifically
withheld, by civil service rule, ordinance, resolution, charter provision, or memorandum of
understanding.
IMPASSE - means that the representatives of the City and a Recognized Employee Organization
have reached a point in their meeting and conferring in good faith where their differences
concerning matters on which they are required to meet and confer, remain so substantial that
further meeting and conferring would not be likely to result in an agreement.
MEDIATION OR CONCILIATION - means the efforts of an impartial third person or persons, functioning
as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through
interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms.
MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or
"meeting and conferring") - means the performance by duly authorized City representatives and
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 204-214 Page 81
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EXHIBIT C (Continued)
duly authorized representatives of a recognized employee organization of their mutual obligation
personally to meet and confer in good faith promptly upon the request of either party and continue
for a reasonable period of time in order to exchange freely information, opinions and proposals, and
to endeavor to reach agreement on matters within the scope of representation prior to the
adoption by the City of its final budget for the ensuing year. This does not require either party to
agree to a proposal or to make a concession.
MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement between
the City and a recognized employee organization reached through meeting and conferring.
PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal duties
consist of active law enforcement and who is designated as a "peace officer" as that term is
defined in Section 830, California Penal Code, except that, for purposes of this Resolution only,
"peace officer" does not mean a park patrolman, security guard or a member of the fire
department, whether the latter be serving as a member of an arson investigating unit, as a deputy
or assistant state fire marshal, or in any capacity wherein the member would have the status of
peace officer for purposes other than that of this Resolution.
RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been
granted formal recognition by the Employee Relations Officer as the employee organization which
has the right to meet and confer in good faith as the majority representative of all members of an
appropriate representation unit pursuant to Section 1 1 hereof, except those employees in such unit
who have exercised their right not join an employee organization and who choose to represent
themselves individually with the City, or has been designated through a secret ballot election as the
exclusive representative of the employees in an appropriate representation unit pursuant to Section
1 1 of this Resolution.
SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer-
employee relations including, but not limited to, wages, hours, and other terms and conditions of
employment except, however, that the scope of representation shall not include consideration of
the merits, necessity, or organization of any service or activity provided by law or executive order.
Section 3: Designation of the City's Employee Relations Officer
The City Council hereby designates the City Manager as the Employee Relations Officer who shall
be the City's principal representative on all matters of employer-employee relations, with authority
to meet and confer in good faith on matters within the scope of representation, and to administer
all provisions of this Resolution and the employee relations rule and procedures adopted pursuant
thereto. The Employee Relations Officer is authorized to delegate his duties and responsibilities.
Section 4: Meet and Confer in Good Faith - Scope
City representatives and representatives of formally recognized employee organizations having
exclusive representation rights, have the mutual obligation personally to meet and confer in good
faith in order to exchange freely information, opinions and proposals and to endeavor to reach
agreement on matters within the scope of representation prior to the adoption by the City of its final
budget for the ensuring year.
The City shall not be required to meet and confer in good faith on a subject preempted by Federal
or State law or by the City Charter.
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010 - 20-1-214 Page 82
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EXHIBIT C (Continued)
Section 5: Notice
The City will give reasonable written notice to each recognized employee organization affected by
any ordinance, rule, resolution, or regulation relating to matters within the scope of representation
proposed to be adopted by the City, and each such organization shall be given the opportunity to
meet and confer with the Employee Relations Officer prior to such adoption.
In cases of emergency when the City determines that an ordinance, rule, resolution, or regulation
relating to matters within the scope of representation must be adopted immediately without prior
notice or meeting with recognized employee organization, the Employee Relations Officer shall
provide such notice and opportunity to meet at the earliest practicable time following the adoption
of such ordinance, rule, resolution or regulation.
Section 6: Petition for Recognition
An employee organization that seeks to be formally acknowledged as the Recognized Employee
Organization representing the employees in an appropriate unit shall file a petition with the
Employee Relations Officer containing the following information and documentation:
Name and address of the employee organization.
Names and titles of its officers.
Names and titles of employee organization representatives who are authorized to speak on behalf
of the organization.
A statement that the employee organization has, as one of its primary purposes, representing the
employees in their employment relations with the City.
A statement whether the employee organization is a chapter or local of, or affiliated directly or
indirectly in any manner with, a regional or state, or national or international organization, and, if so,
the name and address of each such regional, state or international organization.
Certified copies of the employee organization's constitution and bylaws, including all amendments
thereof.
A designation of those persons, not exceeding three in number, and their addresses, to whom sent
by first class or certified United States mail will be deemed sufficient notice on the employee
organization.
A statement that the employee organization is cognizant of the provisions of Section 3509 of the
Meyer-Mil ias-Brown Act.
A statement that the employee organization has no restriction on membership based on race, color,
creed, sex, or national origin.
A description of the composition of the unit or units claimed to be appropriate, including the job
classifications of employees and the number of member employees therein, as well as a statement
of reasons why the unit or units is or are considered to be appropriate.
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EXHIBIT C (Continued)
A statement that the employee organization has in its possession written proof, dated by the signer
within six (6) months of the date upon which the petition is filed, to establish that a majority of the
employees in the unit claimed to be appropriate have designated the employee organization to
represent them in their employment relations with the City. Such written proof shall be made in such
language and form as the Employee Relations Officer shall prescribe and shall be submitted for
confirmation to the Employee Relations Officer to a mutually agreed upon disinterested third party.
Notwithstanding the above, the Employee Relations Officer, in his sole discretion, may accept
employee dues deduction authorization, using the payroll register for the period immediately
preceding the date of filing of a Petition of Recognition, as proof of employee support for the
petitioning organization, except that dues deduction authorizations for more than one employee
organization for the account of any one employee shall not be considered as proof of employee
support for any employee organization, unless it can otherwise be shown that the dues deduction
for the petitioning organization is the only one which provides full membership rights and privileges,
including the right to vote.
A request that the Employee Relations Officer recognize the petitioning employee organization as
the Recognized Employee Organization representing the employees in the unit(s) claimed to be
appropriate for the purpose of meeting and conferring in good faith on all matters within the scope
of representation.
The Petition, including all accompanying documents, shall be declared to be true, correct and
complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization
executing it. The Employee Relations Officer may require additional information as required by this
Resolution to be included in the Petition.
The Employee Relations Officer shall give prompt written notice of the filing of a Petition to any
recognized employee organization affected thereby.
Section 7: City Response to Recognition Petition
Upon receipt of the Petition, the Employee Relations Officer shall within ten (10) days determine
whether:
There has been compliance with the requirements of the Recognition Petition; and
The proposed representation unit is an appropriate unit in accordance with Section 1 1 of this
Resolution.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two
matters, he shall within ten (10) days after making said determination, inform the petitioning
employee organization, shall give written notice of such request for recognition to the employees in
the unit and shall take no action on said request for thirty (30) days thereafter. If either of the
foregoing matters are not affirmatively determined, the Employee Relations Officer shall meet and
discuss the matter with such petitioning employee organization, and, if such determination
thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The
petitioning employee organization may appeal such determination in accordance with Section 13
of this Resolution.
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EXHIBIT C (Continued)
Section 8: Open Period for Filing Challenging Petition(s)
Within thirty (30) days of the date written notice was given to affected employees that a valid
Recognition Petition(s) for an appropriate unit has been filed, any other employee organization may
file a competing request to be formally acknowledged as the recognized employee organization of
the employees in the same or in an overlapping unit (one which corresponds with respect to some
but not all the classifications or positions set forth in the Recognition Petition being challenged), by
filing a petition(s) evidencing proof of employee support in the unit claimed to be appropriate of at
least thirty (30) percent and otherwise in the same form and manner as set forth in Section 6 of this
Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the Employee
Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining
the more appropriate unit, at which time the petitioning employee organizations shall be heard.
Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in
accordance with the standards in Section 11 of this Resolution. The petitioning employee
organizations shall have fifteen (15) days from the date notice of such unit determination is
communicated to them by the Employee Relations Officer to amend their petitions to conform to
such determination or to appeal such determination pursuant to Section 13 of this Resolution.
Section 9: Election Procedure
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party
agreed to by the Employee Relations Officer and the concerned employee organization(s) in
accordance with its rules and procedures subject to the provisions of this Resolution. All employee
organizations who have duly submitted petitions which have been determined to be in
conformance with this Resolution shall be included on the ballot. The choice of "no organization"
shall also be included on the ballot. Employees entitled to vote in such election shall be those
persons employed full time in regular, permanent positions within the designated appropriate unit
who were employed during the pay period immediately prior to the date which ended at least
fifteen (15) days before the date the election commences, including those who did not work during
such period because of illness, vacation or other authorized leaves of absence, and who are
employed by the City in the same unit on the date of election. An employee organization shall be
formally acknowledged as the Recognized Employee Organization for the designated appropriate
unit following an election or runoff election if it received a numerical majority of all valid votes cast
in the election. If an election involving three or more choices, where none of the choices receives a
majority of the valid votes cast, a runoff election shall be conducted between the two choices
receiving the largest number of valid votes cast (that is, either between two employee
organizations, or one employee organization and no representation); the rules governing an initial
election being applicable to a runoff election, except that the runoff election shall be held within
fifteen (15) days following the certification of the initial election results.
There shall be no more than one valid election under this Resolution pursuant to any petition in a 12
month period affecting the same unit. In the event that the parties are unable to agree on a third
party to conduct an election, the election shall be conducted by the California State Conciliation
Service. Costs of conducting elections shall be borne in equal shares by the City and by each
employee organization appearing on the ballot.
In cases where a Memorandum of Understanding between the City and an employee organization
is in effect on the effective date of this Resolution, it shall be presumed for the duration of the
Memorandum of Understanding that the unit set forth in the Memorandum of Understanding is
appropriate and that the employee organization is the majority representative of the employees
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EXHIBIT C (Continued)
covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be presumed that
when said Memorandum of Understanding terminates the employee organization shall continue to
be a majority representative of employees covered by said Memorandum of Understanding for the
purposes of meeting and conferring regarding matters within the scope of representation; provided,
however, the employee organization files with the City the information required by Section 6(a), 1
through 13 of this Resolution. Nothing contained herein shall preclude an employee organization
from filing a petition for recognition pursuant to Section 6 or Section 10 of this Resolution at the
expiration of Memoranda of Understanding which expire on June 30, 1981.
Section 10: Procedure for Decertification of Recognized Employee Organization
A Decertification Petition alleging that the incumbent Recognized Employee Organization no
longer represents a majority of the employees in an established appropriate unit may be filed with
the Employee Relations Officer only during the month of January of any year following the first full
year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days
prior to the termination date of a Memorandum of Understanding then having been in effect less
than three (3) years, whichever occurs later. A Decertification Petition may be filed by employees or
their representative, or an employee organization, and shall contain the following information and
documentation declared by the duly authorized signatory under penalty of perjury to be true,
correct and complete:
The name, address and telephone number of the petitioner and a designated representative
authorized to receive notices of requests for further information.
The name of the established appropriate unit and of the incumbent Recognized Employee
Organization sought to be decertified as the representative of that unit.
An allegation that the incumbent Recognized Employee Organization no longer represents a
majority of the employees in the appropriate unit, and any other relevant and material facts relating
thereto.
Proof of employee support that a majority of the employees in the established appropriate unit no
longer desires to be represented by the incumbent Recognized Employee Organization. Such proof
shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon
disinterested third party.
The Employee Relations Officer can only accept those petitions which 1) request decertification of
the current formally recognized employee organization and 2) do not request to carve out another
unit from the already established appropriate unit.
An employee organization may file a Petition under this Section in the form of a Recognition Petition
that conforms to the requirements of Section 6 of this Resolution in satisfaction of the Decertification
Petition requirements hereunder.
The Employee Relations Officer shall initially determine whether the Decertification Petition or
Recognition Petition, if any, have been filed in compliance with the applicable provisions of this
Resolution. If his determination is in the negative, he shall offer to consult thereof with the
representative (s) of such petitioning employees or employee organization, and if such
determination thereafter remains unchanged, shall return such Petition(s) to the employees or
employee organization with a statement of the reasons therefore in writing. The petitioning
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EXHIBIT C (Continued)
employees or employee organization may appeal such determination in accordance with Section
13 of this Resolution.
If the determination of the Employee Relations Officer is in the affirmative, or if his negative
determination is reversed on appeal, he shall give written notice of such Decertification of
Recognition Petition to the incumbent Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or
about fifteen (15) days after such notice to determine the wishes of unit employees as to the
question of decertification, and if an accompanying Recognition Petition was duly filed, and, in the
event decertification of the incumbent Recognized Employee Organization is voted, the question of
representation. Such election shall be conducted in conformance with Section 9 of this Resolution.
The cost of any election proceeding under the provisions of this Section shall be borne entirely by
the employee organization(s) challenging the incumbent recognized employee organization.
An employee organization which displaces another employee organization as a formally
recognized employee organization following an election conducted pursuant to this Section shall
assume any existing Memorandum of Understanding then in effect as a condition of recognition
and said Memorandum of Understanding shall remain in full force and effect for the balance of the
term thereof.
Section 11: Policv and Standards for Determination of Appropriate Units
The basic policy objectives in determining the appropriateness of units shall be the effect of a
proposed unit on 1) the efficient operations of the City and its compatibility with the primary
responsibility of the City and its employees to effectively and economically serve the public and 2)
providing employees with effective representation based on recognized community of interest
considerations. These policy objectives require that the appropriate unit shall be the broadest
feasible grouping of positions that share an identifiable community of interest. Factors to be
considered shall be:
Similarity of the general kinds of work performed, types of qualifications required, and the general
working conditions.
History of representation in the City and similar employment; except however, that no unit shall be
deemed to be an appropriate unit solely on the basis of the extent to which employees in the
proposed unit have organized.
The effect of the proposed unit on efficient operations of the City and the compatibility of the unit
with the responsibility of the City and its employees to serve the public.
The effect on the administration of employer-employee relations created by the fragmentation of
classifications and proliferation of units.
Effect on the classification structure and impact on the stability of the employee relationship of
dividing a single or related classification among two or more units.
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EXHIBIT C (Continued)
Notwithstanding the foregoing, management employees shall only be included in a unit consisting
solely of management employees and confidential employees shall be included in a unit consisting
solely of confidential employees.
When the City establishes new classifications or positions, or modifies the job content of an existing
classification or position, the Employee Relations Officer shall, after notice to and consultation with
all affected employee organizations, determine which, if any, representation unit shall include such
new or modified classification (s) or position(s).
Section 12: Procedure for Modification of Established Appropriate Units
Requests by employee organizations for modifications of established appropriate units may be
considered by the Employee Relations Officer only during the period specified in Section 10 of this
Resolution. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to
the requirements set forth in Section 6 of this Resolution, shall contain a complete statement of all
relevant facts and citations in support of the proposed modified unit in terms of the policies and
standards set forth in Section 11 hereof. The Employee Relations Officer shall process such petitions
as other Recognition petitions under this Resolution.
The Employee Relations Officer may on his motion propose, during the period specified in Section 10
of this Resolution, that an established unit be modified. The Employee Relations Officer shall give
written notice of the proposed modification(s) to any affected employee organization and shall
hold a meeting concerning the proposed modification (s), at which time all affected employee
organizations shall be heard. Thereafter the Employee Relations Officer shall determine the
composition of the appropriate unit or units in accordance with Section 11 of this Resolution, and
shall give written notice of such determination to the affected employee organizations. The
Employee Relations Officer=s determination may be appealed as provided in Section 13 of this
Resolution. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder,
employee organizations may thereafter file Recognition Petitions seeking to become the
Recognized Employee Organization for such new appropriate unit or units pursuant to Section 6
hereof.
Section 13. Appeals
An employee organization aggrieved by an appropriate unit determination of the Employee
Relations Officer under this Resolution may, within ten (10) days of notice thereof, appeal such
determination to the City Council for final decision.
An employee organization aggrieved by a determination of the Employee Relations Officer that a
Recognition Petition (Section 6); Challenging Petition (Section 8) or Decertification Petition (Section
10) or employees aggrieved by a determination of the Employee Relations Officer that a
Decertification Petition (Section 10) has not been filed in compliance with the applicable provisions
of this Resolution, may, within fifteen (15) days of notice of such determination, appeal the
determination to the City Council for final decision.
Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on
the Employee Relations Officer. The City Council shall commence to consider the matter within
thirty (30) days of the filing of the appeal, and shall render a final and binding decision regarding the
resolution of the disputed issue(s) raised by the appeal after each party involved has been given an
opportunity, during a public meeting, to present written and oral arguments in support of their
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EXHIBIT C (Continued)
respective positions and, if the City Council so desires, after any future investigation or review of the
matter as it may deem appropriate. The City Council, may, in its discretion, refer the dispute to a
third party hearing process for the purpose of seeking an advisory determination prior to making its
final decision regarding the resolution of the dispute.
Section 14: Submission of Current Information by Recognized Employee Organizations
All changes in the information filed with the City by a Recognized Employee Organization under
Items 1 through 13 of its Recognition Petition under Section 6 of this Resolution shall be submitted in
writing to the Employee Relations Officer within fifteen (15) days of such change.
Section 15: Payroll Deductions on Behalf of Employee Organizations
Upon formal acknowledgment by the City of a Recognized Employee Organization under this
Resolution, only such Recognized Employee Organization may be provided payroll deductions of
membership dues and insurance premiums for plans sponsored by such organization upon the
written authorization of employees in the unit represented by Recognized Employee Organization
on forms provided therefore by the City. The providing of such service to the Recognized Employee
Organization by the City shall be contingent upon and in accordance with the provisions of
Memorandum of Understanding and/or applicable administrative procedures.
Section 16: Employee Organization Activities - Use of City Resources
Access to City work locations and the use of City paid time, facilities, equipment and other
resources by employee organizations and those representing them shall be authorized only to the
extent provided for in Memorandum of Understanding and/or administrative procedures; shall be
limited to activities pertaining directly to the employer-employee relationship and not such internal
employee organization business as soliciting membership, campaigning for office, and organization
meetings and elections; and shall not interfere with the efficiency, safety and security of City
operations.
Section 17: Administrative Rules and Procedures
The Employee Relations Officer is hereby authorized to establish such rules and procedures as
appropriate to implement and administer the provisions of this Resolution after consultation with
affected employee organizations.
Section 18: Initiation of Impasse Procedures
If the meet and confer process has reached impasse as defined in this Resolution, either party may
initiate the impasse procedures by filing with the other party a written request for an impasse
meeting, together with a statement of its position on all disputed issues. An impasse meeting shall
then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse
meeting shall be:
To identify and specify in writing the issue or issues that remain in dispute;
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EXHIBIT C (Continued)
To review the position of the parties in a final effort to resolve such disputed issue or issues; and
If the dispute is not resolved, to discuss arrangement for the utilization of the impasse procedures
provided herein.
Section 19: Impasse Procedures
Impasse procedures are as follows:
If the parties so agree, the issue or issues at impasse shall be submitted directly to the City Council for
determination.
If they do not agree within seven (7) days following the conclusion of the impasse meeting set forth
in Section 18 above, either party may submit the impasse to mediation.
All mediation proceeding shall be private and the mediator shall make no public recommendation,
nor take any public position at any time concerning the issues.
If the parties are unable to agree on a mediator after a reasonable period of time, they shall select
the mediator from a list of three names to be provided by the State Conciliation Service, or if that
agency for any reason shall fail to provide such list, by the American Arbitration Association.
Upon receipt of such list, the parties shall alternately strike names from the list until a single name
remains who shall become the mediator. The priority of striking names shall alternate from one party
to the other each time impasse procedures are invoked by the same parties. The employee
organization or the City shall commence this process in an order determined by lot striking the first
name from such list of names in any initial mediation.
The cost of the mediator, if any, shall be shared equally by both parties.
If the parties have failed to resolve all their disputes through mediation within fifteen (15) days after
the mediator commenced meetings with the parties, the parties may agree to submit the issues in
dispute directly to the City Council. In that event, the City Council shall finally determine the issues
after conducting a public hearing thereon and after such further investigation of the relevant facts
as it may deem appropriate.
If the parties have exhausted the mediation process, the matter shall be submitted to the City
Council for resolution.
Section 20: Construction
This Resolution shall be administered and construed as follows:
Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City,
or any authorized officer, body or other representative of the City, the rights, powers and authority
granted by Federal or State law or City Charter provisions.
Nothing in this Resolution shall be construed as making the provisions of California Labor Code
Section 923 applicable to City employees or employee organizations, or of giving employees or
employee organizations the right to participate in, support, cooperate or encourage, directly or
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EXHIBIT C (Continued)
indirectly, any strike, sickout, other total or partial stoppage or slowdown of work or any other
interference with the conduct of the City's operations.
Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding
between any employee organization and the City in effect on the effective date of this Resolution.
All such agreements shall continue in effect for the duration of the term specified therein unless
modified or rescinded by mutual agreement of the parties thereto.
Whenever written notice is required by this Resolution, such notice shall deem to have been
received on the day immediately following the day on which it was mailed (excluding Saturdays,
Sundays, and holidays on which the offices of the City are closed) provided the same was sent by
first class or certified mail, postage prepaid to the City at 20 Civic Center Plaza, Santa Ana,
California 92701, or to any employee organization at its last address furnished to the City.
Section 21: Severabilitv
In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such
portion to any person or circumstance, shall be held invalid by a decision of any court of competent
jurisdiction, the remainder of this Resolution, or the application of such portion to persons or
circumstances other than those as to which it is held invalid, shall not be affected thereby. The City
Council hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any or more sections, subsections,
sentences, clauses or phrases be declared invalid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution
shall be operative from and after May 18, 1981. ADOPTED this 18th day of May, 1981, by the following
vote:
AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat
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EXHIBIT "D"
9/80 HARDSHIP CLAIM
Name:
Division/Section:
Position:
Work Telephone Number:
Supervisor Name and Telephone:
Work Hours:
Proposed Work Hours:
Basis for Hardship Claim:
Options explored by employee to resolve the hardship:
Employee's proposed solution:
Supervisor's needs/concerns/comments:
Hardship Committee Recommendation to Department Head:
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