HomeMy WebLinkAbout25A - AGMT - POA MOUREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 21, 2013
TITLE:
AGREEMENT WITH THE POLICE OFFICERS
ASSOCIATION
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2n° Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve a side letter agreement to the Memorandum of Understanding with the Police Officers
Association regarding wages and other terms and conditions of employment.
DISCUSSION
The City and the Police Officers Association (POA) recently completed contract negotiations
resulting in a new, two-year Memorandum of Understanding (MOU) (Attachment 1). The MOU
covers the period July 1, 2013 through June 30, 2015. This agreement will modify the existing
MOU (Attachment 2) and will be part of a comprehensive MOU to be brought forward at a later
date.
The provisions of this agreement include:
1) Term: A two-year term, from July 1, 2013 through June 30, 2015.
2) Salary Increase: Effective July 1, 2013, the base salary of Sworn employees covered by
this MOU shall be increased by one percent (1 %).
3) CALPERS Retirement: POA Sworn employees will contribute an additional 1.08% to
CaIPERS for the cost of the 3% at 50 service retirement benefit, for a total contribution of
9%. Non-sworn employees will reduce their payment for the 2.7% at 55 retirement benefit
from 11.8% to 10.5%.
4) Medical Insurance: Effective January 1, 2013, the City will pay $1,335.00 per month
towards employee medical insurance.
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Agreement with the Police Officers Association
October 21, 2013
Page 2
5) Computation of Workweek for Overtime: Amend overtime language to more closely mirror
FLSA guidelines by not counting Sick leave and Personal Necessity leave as hours worked.
6) Assignment Seniority: POA members shall not lose departmental seniority for absences of
less than 12 weeks.
7) Compensatory Time Banks: The POA and City agree to take employees' existing
compensatory time bank and divided into two banks; one to be used as it currently is, as
time off or to be cashed out as allowed; the other to be used as time off only.
8) Vacation Carryover: Request for vacation carryover will require signatures of Police Chief,
Personnel Director and City Manager.
9) Catastrophic Leave: The City will allow POA members to donate Vacation time,
Compensatory time and Holiday time to eligible employees.
10) Detective Assignment: Current employees assigned to perform the duties of
Detective/Investigator assigned to the Investigations Bureau shall be subject to an annual
review, subject to organizational needs, to determine whether to continue the employee in
the assignment.
11) Career Development Pay: Employees hired after January 1, 2014 shall be eligible for a
modified Career Development Pay.
12) Court Appearance: Employees assigned to Watch 3 who are required to appear in court
following the end of his/her shift shall receive an additional two hours of pay at time and one
half for the inconvenience of having to go to court after the end of his/her shift.
13) Personal Necessity Time: Increase the sick leave time that may be used for Personal
Necessity from 48 hours to 66 hours per calendar year.
14) Vacation and Holiday Banks: The parties agree to modify the maximum annual holiday
leave benefit carryover as follows: 2014 - 160 hours; 2015 - 140 hours; 2016 - 120 hours;
2017 - 100 hours; and in 2018 - 80 hours.
15) Joint Labor Management Team: The City and the POA agree to meet to discuss
implementation of a new salary matrix.
16) Release Time: The City will provide the POA with a quarterly analysis of the POA use of
union time.
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Agreement with the Police Officers Association
October 21, 2013
Page 3
FISCAL IMPACT
Funds are available in the various Police Department salary accounts (no. 61000). It is
estimated that the agreement will result in an annual cost savings of $515,000 to the City.
APPROVED AS TO FUNDS AND ACCOUNTS:
?S?n-LI ?
E and S. Raya Francisco Gutierrez
Executive Director Executive Director
Personnel Services Agency Finance and Management Services Agency
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SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
The City of Santa Ana (City) and the Santa Ana Police Officers Association (SAPOA) have met
and conferred over the terms of a successor Memorandum of Understanding (MOU). This
document represents the agreement of the parties reflecting all of those changes to the parties'
current MOU. These changes once ratified by the SAPOA and then approved by the City
Council of the City will go into effect as set forth herein. It is then the intent of the parties to
incorporate these changes into their MOU (which will be a comprehensive MOU incorporating
all the parties agreements) which will include any and all side letters of agreement entered into
between the parties which are not currently contained in the MOU. This will include updating
language currently in the existing MOU which has been subsequently modified by side letters
entered into between the parties prior to the negotiations for the successor MOU but after the last
MOU was signed off by the parties. The parties anticipate there will also be updates to the MOU
language to sections other than those set forth below which are necessitated by the parties'
agreements below.
1. Term
26.1 The term of this Agreement shall be from July 1, 2013 through June 30, 2015.
2. Retirement:
13.5 3% at 50 Service Retirement Benefit for Classic Safety Members. The City contracts
with Ca1PERS to provide Classic Safety employees (classic members as that term is
defined by the Public Employees' Pension Reform Act of 2013) represented by this
bargaining unit with the 3% at 50 Service Retirement benefit.
Commencing July 1, 2013, all classic member safety employees covered by this Agreement
shall pay nine percent (9%) of their salary to pay for the employer portion of the City's
CalPERS contribution. This payment shall be paid in accordance with Government Code
Section 20516(f).
For "New Members" within the meaning of the California Public Employees' Pension
Reform Act (PEPRA) of 2013.
The PEPRA went into effect on January 1, 2013. The parties agree that if there is any
other clean up or other retirement legislation which goes into effect during this MOU and
if there are provisions of that legislation which, by law, automatically goes into effect,
either party may request to negotiate over the legislation, including over the impact.
Retirement Formula: Per Government Code Section 7522.25(d), also known as 2.7% at
57 retirement formula for sworn.
Attachment 1
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Final compensation will be based on the highest annual average compensation earnable
during the 36 consecutive months immediately preceding the effective date of his or her
retirement, or some other 36 consecutive month period designated by the member.
Effective July 1, 2013, employees shall pay one half of the normal cost rate, as
established by CalPERS.
13.7 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. Effective
July 1, 2009, the City amended its retirement contract with CalPERS to provide Classic
Miscellaneous employees covered by this Agreement with the 2.7% at 55 Service
Retirement benefit. Pursuant to Ca1PERS regulations, this formula applied to employees
who were in active status on that date.
Commencing July 1, 2013, all classic non-safety employees covered by this agreement
(i.e., those subject to the Miscellaneous Ca1PERS formula) shall pay ten and one half
(10.5%) percent of their salary to pay for the employer portion of the City's Ca1PERS
contribution. This payment shall be paid in accordance with Government Code section
20516(f). Pre-Taxable Benefit. To the extent permitted by Ca1PERS and Internal
Revenue Service regulations, the City shall make the above employee deductions pre-tax
contributions.
For "New Members" within the meaning of the California Public Employees' Pension
Reform Act (PEPRA) of 2013
The PEPRA went into effect on January 1, 2013. The parties agree that if there is any
other clean up or other retirement legislation which goes into effect during this MOU and
if there are provisions of that legislation which, by law, automatically goes into effect,
either party may request to negotiate over the legislation, including over the impact.
Retirement Formula: Per Government Code Section 7522.20(a), the 2% at 62 retirement
formula for non-sworn.
Final compensation will be based on the highest annual average compensation eamable
during the 36 consecutive months immediately preceding the effective date of his or her
retirement, or some other 36 consecutive month period designated by the member.
Effective July 1, 2013, employees shall pay one half of the normal cost rate, as
established by CalPERS.
3. Health Insurance
12.1 During the term of this Agreement the City will contribute toward the payment of
premiums for health, dental and long-term disability insurance plans administered by the
Association for the benefit of the employees represented by the Association as follows:
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A. Medical Insurance. Effective January 1, 2014, the City will contribute $1,335.00
per month for Health insurance.
4. Overtime
8.2 Definition.
A. Standard Work Period Overtime. Overtime for those employees assigned to the
Standard Work Period shall be authorized for required time worked in excess of
those hours assigned to their particular Standard Work Period Schedule workday
or hours in excess of 40 hours per Work Period. However, subject to Article 8.3
below, commencing on the first day of the pay period following City Council
approval of this MOU, if an employee uses sick leave or personal necessity leave
as provided for in this MOU in the same Standard Work Period in which he/she
works hours in addition to his/her regular hours, the sick leave and/or personal
necessity leave shall not count as work hours which shall mean that the additional
hours worked shall be paid at straight time if they are less than or equal to the
number of sick leave or personal necessity leave hours used in the Standard Work
Period. The use of such leave hours shall not affect overtime earned in
accordance with Article 8.16 of this MOU.
B. Alternative Work Period Overtime. Pursuant to this Agreement, employees
assigned to the Alternate Work Period shall earn overtime for authorized or
required time worked in excess of those hours assigned to their particular
Alternative Work Period Schedule workday or hours in excess of his or her
Alternative Work Period Schedule hours in a consecutive 28 day, 672 hour
period. However, subject to Article 8.3 below, if an employee uses sick leave or
personal necessity leave as provided for in this MOU in the same Alternative
Work Period in which he/she works hours in addition to his/her regular hours, the
sick leave and/or personal necessity leave shall not count as work hours which
shall mean that the additional hours worked shall be paid at straight time if they
are less than or equal to the number of sick leave or personal necessity leave
hours used in the Alternative Work Period. The use of such leave hours shall not
affect overtime earned in accordance with Article 8.16 of this MOU.
8.3 Computation of a Workday and Work Period. Paid leave for holidays, vacation, and
other time off with pay except for sick leave and personal necessity leave whose use
(effective on the first day of the pay period following City Council approval of this
MOU) does not count as hours worked shall be credited towards the total time worked in
computing a regular workday, and/or a work period, as defined herein. Work amounting
to less than six (6) minutes shall not be considered time worked. Overtime worked for
six (6) or more minutes shall be calculated in six (6) minute intervals. Leave without pay
shall not be credited towards the total time worked in computing a regular workday,
and/or a work period, as defined herein.
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5. Compensatory Time Off Banks
8.4 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one-half (1 1/2) times the employee's regular rate of pay.
B. Should the Police Chief determine that the best interests of the City will be served
thereby, he or his designee may permit an employee to be compensated for
overtime work by earning compensatory time off at the rate of one and one-half (1
1/2) hours for each hour of overtime worked.
C. Effective on the first day of the pay period after City Council approval of this
MOU, all comp time banks in existence for employees represented by this
agreement shall be split into two separate banks.
1. The first bank, which will be called the "Non-FLSA Comp-Time Bank",
shall have deposited into it all comp time earned as of that date in excess
of one-hundred (100) hours. All employees with comp time balances
below one-hundred (100) hours will not have a Non-FLSA Comp-Time
bank created for them. The Non-FLSA Comp Time Bank can never have
hours added to it. The hours in that bank can only be used as leave time
and when using such leave will not cause the City to have to pay another
employee overtime to fill behind the employee using the leave. The comp
time in this bank cannot be cashed out during employment, only at the
time the employee leaves City employment. If an employee uses the
comp time in this bank during employment and exhausts the entire accrual
in this bank, the employee's Non-FLSA Comp Time Bank will be closed
as no additional hours may accrue into this bank.
2. The second bank will be called the "FLSA-Comp time Bank". This bank
will have deposited into it comp-time employees have accrued up to one-
hundred (100) hours.
The FLSA Comp Time Bank has a maximum accrual of one-hundred
(100) hours. An employee who has 100 hours in this bank will earn
overtime paid at time and one half the employee's regular rate of pay for
overtime earned in accordance with this MOU. An employee who works
overtime and who has less than 100 hours in his/her FLSA Comp Time
Bank may be able to accrue hours (at the rate of 1.5 hours for each hour of
overtime worked) in accordance with subdivision (B) above. The Comp
time in this bank can be cashed in accordance with the provisions detailed
in Section 9.3.
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D. Use of Comp Time from the FLSA Comp Time Bank.
1. When an employee submits a request for time off using accrued
compensatory time, and that employee has found a qualified replacement,
the time off request will be granted. A qualified replacement means that
the replacement officer or employee is able to fulfill the requirements of
the position to which the requesting officer is assigned.
a. Compensatory time off requests made for consideration during the
monthly scheduling meetings will be treated as any other time off
and granted only on the basis of seniority.
b. Pursuant to the 3-12 Operating Rules, officers may trade work
days with other officers within the 28-day deployment period.
Any trades must be approved by the affected Lieutenants and the
Field Operations Bureau Commander.
2. When an employee submits a request to take time off using accrued
compensatory time and the officer deployment is above minimum staffing
for the day requested, then the request will be granted without further
conditions. However, if the number of officers scheduled to work on the
day(s) of the request is at or below minimum staffing as defined by the
department, the compensatory time off request will be granted only if a
qualified replacement has volunteered and committed to work the
assignment left open by the request for time off. The volunteer may
exchange days off with the requesting employee within the 28-day
deployment period, whichever applies, or may elect to receive overtime
compensation.
3. Requests for use of compensatory time off during holidays as defined by
this MOU must be submitted in time to be considered during the monthly
scheduling meeting held by bureau and division commanders for the
upcoming month. These requests will be considered by seniority and will
be granted only if officer deployment is above minimum staffing. The
policy of the department has been, and will continue to be, that
compensatory time off requested during a City-designated holiday will be
treated as any other time off request and will be granted in order of
seniority as long as minimum staffing levels are met. The replacement
policy in 8.4134 below will not apply to compensatory time off requests
submitted for consideration during monthly scheduling meetings.
4. Although it is always preferable for the officer to find a qualified
replacement when requesting the use of compensatory time off, if
provided sufficient notice of a request for time off, the department will
work with employees to find a qualified replacement. Sufficient notice
and reasonable period will be defined as follows:
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a. Seventy-two (72) hours notice for one (1) day or less of time off
requested.
b. Five (5) calendar days notice for more than one (1) workday up to one
(1) workweek.
c. Fourteen (14) calendar days notice for more than one (1) week
compensatory time off request.
5. If an employee has provided sufficient notice of a compensatory time off
request, the department will work with the employee to find a qualified
replacement in the following manner:
a. The watch commander will maintain a calendar of time off that has
been requested in accordance with the guidelines listed above.
Qualified employees will be allowed to volunteer to work these shifts.
In the future, the department may develop, at its own discretion, an
automated schedule that will contain this information.
b. If an employee volunteers and signs up to work for another employee
who has requested compensatory time off, that volunteering employee
will be held responsible for working that full shift without further
reminder. Employees who do not show up to work, or retract their
offer to replace another officer, may be subject to disciplinary action
and may not be permitted to volunteer to work in this manner in the
future.
6. The watch commander shall send out an e-mail message to all officers
requesting a volunteer to cover the shift by switching days off or working
on overtime.
7. When a compensatory time off request is made in a manner that does not
comply with this policy, and granting that request would unduly disrupt
the operations of the department, the department may deny that request.
6. Assignment Seniority
11.12 Assignment Departmental Seniority
Effective July 1, 2013, employees covered by this agreement who are authorized to be on
an unpaid medical leave for twelve (12) weeks or less shall continue to accrue seniority
related to their particular assignment, as it relates to the badge number list or for any
other purpose concerning Police Department operations for which seniority is considered.
Once such leave of absence exceeds twelve (12) weeks, the employee will no longer
accrue seniority (for all purposes, including, but not limited to his/her classification,
assignment or rank). While such employee will not lose any of the seniority he/she has
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previously earned, by not continuing to accrue seniority at that point, others who
previously were less senior may become more senior than such employee for seniority
purposes in the Department.
7. Limits on Vacation Carryover
10.4 Limitation on Vacation.
A. With the exception of a retiring employee, no employee is granted, and no
employee shall be allowed to take, any vacation leave with pay in excess of 400
hours in any one year by any combination of the vacations granted in this
Agreement. Further, no employee may carry over from one calendar year to the
next more than the equivalent of one longevity vacation period and the equivalent
of one regular vacation period from the previous two (2) years, and vacation not
taken beyond that amount is forfeited. Therefore, the maximum vacation that an
employee with less than six (6) years service could accumulate is 240 hours and
only an employee with more than 20 years of service could carry over and take
the authorized maximum of 400 hours in any one year.
B. For the calendar year period ending on December 31, 2013, an employee's
maximum year-to-year vacation carry over shall be increased by one (1)
additional longevity vacation period. Therefore, through December 31, 2015, an
employee may carry over from one calendar year to the next no more than the
equivalent of three (3) longevity vacation periods and the equivalent of one
regular vacation period from the previous two (2) years, and vacation not taken
beyond that amount is forfeited.
C. Effective January 1, 2016, the maximum yearly vacation carryover shall revert
back to that as set forth in subsection "A", above, and any accumulated vacation
in excess of that maximum allowable carry over not used prior to January 1, 2017,
shall be forfeited.
D. Notwithstanding the foregoing, for any affected employee who is in jeopardy of
losing vacation because of department staffing needs, employee may, with
approval of the Police Chief, Executive Director of Personnel and City Manager,
receive a 30-day extension beyond the normal cutoff date so that such employee
will not lose vacation time.
8. Catastrophic Leave
11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of a catastrophic, non-industrial
medical condition or injury, the City and Association agree to implement a Catastrophic
Leave Donation Program.
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A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
1. Employees may donate vacation or compensatory time or holiday leave
time to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two-week period to submit donations.
Donations received after this two-week period shall not be processed. The
two-week period for each case shall be designated by the Police Chief or
his designee as provided herein below.
3. Donations shall be for a minimum of two (2) hours and a maximum of
eight (8) hours per donor. All donations must be made in two-hour
increments, except in lieu holidays must be for eight (8) hours.
4. Any authorization of donations not made in accordance with the
procedures outlined in Section C, subparagraph 2 below, will not be
processed.
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave and may be used pursuant to Article XI, Sections
11.1 A through 11.1 K above.
B. Eligibility. Full-time employees shall be eligible for catastrophic leave donations
if the following criteria are met:
1. When it is reasonably foreseeable that all accrued time on the books, such
as sick leave, compensatory time, vacation, and in lieu holidays, will be
exhausted and the employee's illness will continue past the time when the
employee will be on paid status.
2. The Police Chief or his designee has approved a written request for
donations accompanied by a medical statement from the employee's
attending physician. The attending physician's statement must verify the
employee's need for an extended medical leave and an estimate of the
time the employee will be unable to work.
C. Procedure.
Upon receipt of a valid request for donations from an eligible employee,
the Police Chief or his designee shall post a notice of the eligible
employee's need for donations on bulletin boards accessible to employees.
No confidential medical information shall be included in the posted notice.
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2. Employees wishing to donate time to an eligible employee must sign his
or her authorization of the transfer of such donated time and provide:
a. His or her name, department name, and employee number;
b. The number of hours of compensatory or vacation time of the
donation within the limitations of Section A, subparagraph 3
above;
C. The name, department, and employee number of the recipient;
d. A statement indicating that the donor understands such donation of
time is irrevocable.
3. At the close of the two-week donation period, the department shall verify
that each donating employee has accrued vacation and/or comp time
balances sufficient to cover the designated donation.
4. The department shall submit all approved donation authorizations for an
eligible employee at one time for processing. No donation authorizations
for the eligible employee will be processed after this period. However,
employees who receive donations under this procedure and who exhaust
all donated hours may request an additional donation period subject to the
provisions of Section A, herein.
5. The City shall add the donated time to the recipient's sick leave account.
D. Upon the death of any active employee receiving a benefit under this provision,
the City agrees to pay any unused Catastrophic Leave Donations remaining on the
books to the surviving beneficiary.
E. For those current employees with unused catastrophic leave on the books, the City
agrees to convert said unused catastrophic leave to sick leave for use in
accordance with the provisions of Article XI, Sections ILIA through ILIK
above.
9. Release Time
8.14 Creation of Association Comp Time Bank.
A. Any member of the Association who works overtime, or has accrued but unused
holidays, can designate that he or she will contribute the value of such time to a
bank for use by members of the Association for the purposes and subject to the
restrictions provided herein.
B. Any member of the Association may receive time off for the welfare of officers,
community service and any lawful activity of the Association with pay drawn
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from the bank described in Subsection A of this Section, provided that said
employee first gains approval for said use by the executive board of the
Association in the manner specified by its rules as adopted from time to time, and
subject to the approval or disapproval of the Police Chief consistent with the
operational needs of the Police Department.
C. No withdrawal or use of such bank may be made by or on behalf of an employee
ordered to take time off without pay for discipline imposed by the Police Chief or
his designee.
D. The City agrees that effective January 1, 2014, it will provide the SAPOA with a
quarterly accounting of all Association Comp Time accrued and used.
10. Joint Labor Management Study of Salary Schedule
4.14 Joint Labor Management Study - Salary Schedule.
The parties agree that at any time during the term of this MOU either the City or the
Association may ask the other party to meet and negotiate over the implementation of a
new salary schedule.
11. Court Appearance Pay
8.13 Court Appearance. Compensation for court appearance by personnel 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, employees shall be paid overtime for the
period of time from their arrival at court until they are released from court or the
court session closes for that day. However, in no case, shall an employee receive
less than two (2) hours overtime for a court appearance. If court appearances are
made both in the morning and afternoon of a particular day, two (2) hours
overtime will be allowed for each session attended. If the employee is not
released and must remain available for afternoon court, the employee shall be
paid overtime for all hours the court is in session that day.
The employee must provide a copy of the subpoena requiring his or her
attendance to initiate payroll procedures.
B. A subpoenaed employee scheduled to appear in court on City business during off-
duty time may be placed on stand-by status by the Police Chief or his authorized
representative if the employee can respond to the court, if called, within 60
minutes of the employee's notification. In the event such off-duty employee is on
stand-by status during any court session and is not required to appear in court,
such employees shall be compensated two (2) hours on a straight time basis, for
each court session. Such employee may elect, in lieu of paid time, two (2) hours
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of comp time off for standby time and not appearing in court, with the approval of
the Police Chief. If such off-duty employee on stand-by actually appears in court,
he or she shall be compensated as provided in Subsection A, supra.
C. Employees assigned to the 3/12.5 or 7/12.5 Work Schedule who appear in court
during their regularly scheduled workweek, and as a result do not receive
adequate rest, will be allowed to flex their scheduled shift start time up to four
hours, with the approval of the employee's immediate supervisor and watch
commander, or immediate supervisor and section commander. Alternatively, the
employee may be allowed to use up to four hours from his/her "Comp Time
Banks" or at the beginning of their scheduled shift to ensure adequate rest.
1. An employee whose work shift ends or starts within thirty minutes of a
mandatory court appearance shall be compensated for those thirty minutes
at an overtime rate.
2. Effective on the first day of the pay period following approval of this
MOU by the City Council, employees assigned to a Watch 3 who are
required to appear in court following the end of his/her shift shall receive
an additional two hours of pay at time and one half for the inconvenience
of having to go to court after the end of his/her shift.
D. Employees who are on call for court during off-duty time, and who are called to
testify, will be paid at the overtime rate of time and a half of their regular hourly
rate, to include actual travel time from their home to court and back, or until their
regularly scheduled shift begins. Travel time will be limited to a maximum of
one (1) hour each way. Only that period of time devoted to work will be
compensated. Time spent on personal pursuits or other non-work related activity
will not be compensated.
E. Those employees who have advance notice of their required appearance in court,
have arranged an appearance time with the District Attorney's Office, or who
otherwise have advance notice of mandatory court appearances, will not be
compensated for travel time in any manner.
F. Employees who appear in court during off-duty hours may elect to start their
normal work shift early as specified herein.
G. A subpoenaed employee scheduled to appear in court on City business during off-
duty time and placed on standby status by the Police Chief or his authorized
representative will be compensated two (2) hours on a straight time basis if he or
she is not advised of the cancellation of his or her appearance within five (5)
Court business days of said appearance.
12. Personal Necessity Leave
11.1 Sick Leave.
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J. Personal Necessity Leave. Each employee shall be afforded the opportunity to
use up to 66 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; and "parent" means a
biological, foster, adoptive parent, a stepparent, or a legal guardian.
Up to three (3) days of this personal necessity leave may be used: (a) to attend to
a serious accident to members of the employee's immediate family; (b) childbirth;
(c) to cope with imminent danger to the employee's home or other valuable
property; or (d) when the existence of external circumstances beyond the
employee's control make it impractical for him or her to report for duty. For the
purposes of this section only, a "day" shall be defined as the number of hours of
work that an employee is required to work according to his or her specific
workday schedule.
13. Holiday and Vacation Banks
10.3 Longevity Vacation.
A. Each permanent employee is granted additional hours of vacation leave with pay
for each computed year of full-time, continuous city service as set forth in the
following table. This additional vacation shall be designated longevity vacation.
Completed Hourly Equivalent
Years of Additional Days
6 4
7 8
8 12
9 16
10 20
II 24
12 28
13 32
14 36
15 40
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16 48
17 56
18 64
19 72
20 80
B. No employee becomes eligible for longevity vacation until completion of the
sixth year of continuous service, and each employee continues to earn the
maximum of 80 hours of longevity vacation for each completed year of service in
excess of 20 years.
C. A period of earlier service does not apply toward longevity vacation accumulation
when an employee has had a break in continuous service, unless the break in
service is concluded by reappointment, as provided in Section 9-114 of the Santa
Ana Municipal Code or by reemployment from layoff within one (1) year.
D. Leave of absence without pay, as provided in Article XI, Section 1 E (Sick Leave-
Extended) and Section 10.8 (Authorized Absence Without Pay - Long Term)
herein, does not constitute a break in continuous service as used in this section;
however, the leave of absence period shall not be applied toward the
accumulation of longevity vacation. Absence on military leave followed by
reinstatement, as provided in Section 9-143 of the Santa Ana Municipal Code
does not constitute a break in service, and the period of absence on such military
leave shall be applied toward the accumulation of longevity vacation.
Such option may be eliminated or modified at the discretion of the Department to
the extent it is construed as overtime under Department of Labor guidelines
implementing provisions of the Fair Labor Standards Act (FLSA).
9.2 A. Holiday Leave Carryover - The parties agree to modify the maximum annual
holiday leave benefit carryover as follows: In 2014, 160 hours; 2015, 140 hours;
2016, 120 hours; in 2017, 100 hours; in 2018, 80 hours. By January 1, 2018, the
maximum annual holiday leave benefit carryover shall revert back to that as set
forth in subsection "92", above, and that any accumulated holiday leave benefits
in excess of that maximum allowable carryover limit not used or cashed out per
the provision below prior to December 31s` each year, shall be forfeited. Said
hours shall be cashed out upon separation from employment, not to exceed a
maximum as follows: In 2014, 240 hours; 2015, 220 hours; 2016, 200 hours;
2017, 180 hours; 2018, 160 hours.
9.3 Cash Option. Employees covered by this Agreement shall be given an option twice per
calendar year to receive cash compensation ("cash out") computed on a straight time
basis in exchange for eighty (80) hours of their annual holiday leave benefits set forth in
Section 9.2 above. Specifically, employees may cash out up to 40 hours of holiday leave
13
25A-17
benefits in April of each calendar year and an additional 40 hours of holiday leave
benefits in November of each calendar year. An employee that does not cash out holiday
leave benefits in April may cash out a maximum of 80 hours of holiday leave benefits in
November.
Such option may be eliminated or modified to the extent it is construed as overtime under
Department of Labor guidelines implementing provisions of the Fair Labor Standards Act
(FLSA).
14. Salary
4.3 Salary Adjustments.
A. The base salaries of Sworn employees covered by this Agreement shall be
adjusted as follows:
Effective July 1, 2013, the base salary of Sworn employees covered by this MOU
shall be increased by one percent (1%).
15. Detective Assignments
3.5 DETECTIVE REDEPLOYMENT
For the period July 1, 2010 through June 30 2012, all employees assigned as detectives
(investigators) shall work one (1) day per month in the patrol function of the Field
Operations Bureau pursuant to a schedule as determined by the Chief of Police or his
designee.
5.1 Assignment Pay Differentials.
K. An incumbent, identified by the Police Department, who is continuously and
regularly assigned to and actually performing duties of a Detective/Investigator
assigned to the Investigations Division or Special Investigations Units as well as
Police Investigative Specialist, Background Investigator, Collision Investigator,
and Graffiti Task Force Investigator, will be paid at a rate set five (5) salary rate
ranges (approximately 2.5%) above his or her then current base monthly salary
step. Notwithstanding the foregoing, the parties agree that effective on the pay
period following approval of this MOU by the City Council, employees assigned
to perform the duties of Detective/Investigator assigned to the Investigations
Bureau shall be subject to an annual review subject to organizational needs to
determine whether to continue the employee in the assignment. The annual
review shall occur prior to the annual patrol deployment sign-ups. An employee
who is informed that he/she will be removed from the assignment may appeal to
the Police Chief, but such appeal shall not be in accordance with the Public Safety
Officers' Procedural Bill of Rights as the parties agree that the Police Chief has
discretion to remove employees from the assignment as part of an annual rotation
in the assignment. The appeal will consist of a meeting with the Police Chief
14
25A-18
whereby the employee has the right to try and convince the Chief why he/she
should not be removed from the assignment, but shall not be a formal hearing.
16.
6.10
Career Development Pay
Career Development Pay.
Employees hired on or after January 1, 2014 shall be eligible to receive Career
Development Pay as follows:
A. Associate of Arts Degree. Upon attainment of an Associate in Arts Degree and five
(5) years of municipal police experience in the Police Officer or Police Sergeant
classification, of which thirty (30) months must be with the City of Santa Ana
Police Department, and attainment of "E" step, said employee will be paid at a rate
set ten (10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step.
B. Bachelor's Degree. Upon attainment of a Bachelor of Arts or Science Degree and
seven (7) years of municipal police experience in the Police Officer or Police
Sergeant classification, of which thirty (30) months must be with the City of Santa
Ana Police Department, and attainment of `E" step, said employee will be paid at a
rate set an additional (10) salary rate ranges (approximately 5%) for a total of 20
salary rate ranges (approximately 10 %) above his or her then current base monthly
salary step. If said employee obtains a Bachelor's Degree without attaining an
Associate in Arts Degree, he or she will be paid at a rate set twenty (20) salary rate
ranges (approximately 10%) above his or her then current base monthly salary step.
C. Master's Degree. Upon attainment of a Masters of Arts or Science Degree and ten
(10) year of municipal police experience in the Police Officer or Police Sergeant
classification, of which thirty (30) months must be with the City of Santa Ana
Police Department and attainment of "E" step, said employee will be paid at a rate
set an additional (10) salary rate ranges (approximately 5%) for a total of 30 salary
rate ranges (approximately 15 %) above his or her then current base monthly salary
step.
Agreed:
Edward Raya, Executive Director
of Personnel
Date
15
Agreed:
John Franks, SAPOA President
Date
25A-19
25A-20
POA MOU
Accompanying
Side Letters 1 - 2
2008 - 2013
Attachment 2
25A-21
FIRST SIDE LETTER AMENDMENT TO THE
CONSOLIDATED MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR FISCAL YEARS 2012-13
Effective upon the signing of this Side Letter, The City of Santa Ana (City) and the Santa Ana
Police Officers Association (SAPOA) agree that they have met and conferred, and agree to the
following:
Elimination of the Employer Paid Member Contributions (EPMC) for POA Members hired after
January 1, 2013 and determined to be new CaIPERS Members enrolled in the 2% @ 62 Service
Retirement Benefit for Miscellaneous Members or the 2% @ 50 Service Retirement Benefit for
Safety Members. Article X1II of the previously amended 2011-2013 Memorandum of
Understanding (MOU) between the City and SAPOA is amended as follows:
13.1 General. The City shall continue to make contributions to the California Public
Employees' Retirement System (CAPERS) in accordance with its contract with CaIPERS
for employees covered by said contract as amended.
13.2 Employer Paid Member Contributions (EPMC). The City shall contribute the member
contribution on behalf of each employee covered by this Agreement in accordance with
the following schedule:
A. With respect to "safety-member" employees enrolled in the 3% at 50 benefit, the
City shall pay an amount equal to nine percent (9%) of the member's
compensation ea nable as reported to CaIPERS .
B. With respect to "miscellaneous-member" employees covered by this Agreement
enrolled in the 2.7% at 55 benefit, the City shall pay an amount equal to eight
percent (80/6) of the member's compensation eamable as reported to CaIPERS.
C. With respect to "safety-member" employees enrolled in the 2% at 50 benefit, this
EPMC contribution is eliminated.
D. With respect to "miscellaneous-member" employees enrolled in the 2% at 62
benefit, this EPMC contribution is eliminated.
Edward Raya, D' for of Personnel
John Franks, 3AP0 President
(-:? (- I-)
Date
i- 3o-13
Date
25A-22
SECOND SIDE LETTER AMENDMENT TO THE
CONSOLIDATED MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR FISCAL YEARS 2011-13
The following provisions of the parties' MOU are amended as set forth below:
Article XIV - Release Time for Association Representative
Section 14.1
The Association shall reimburse the City for one hundred percent (100%) of salary (including any salary additives, such as
career incentive pay) and benefit costs. Such reimbursement may be from the bank established pursuant to Section
8.14 of Article VIII of this Agreement. Effective July 1, 2012, the parties agree as follows:
A) The PDA President will be compensated at a rate consistent with his or her departmental rank including all -
assignment pay, pay additives, and premiums In place at the time he or she assumes the position of PDA
President.
B) The value of the President's pay will include base salary, pension, premiums, and medical only.
C) The value of the Floating Holiday donations will Include base salary, pension, premiums, and medicare.
D) The balance in the Floating Holiday bank as of August 1, 2012 has been agreed upon by the parties as
$121,116.24.
E) Effective July 1, 2012, the City shall pay the POA President a "Confidential Premium," in lieu of 20 hours per
pay period at time and one-half. This premium is contained in the California Public Employees' Retirement
Law (PERL) and is described as "compensation to rank and file employees who are routinely and consistently
assigned to sensitive positions requiring trust and discretion." The parties agree that the value of this
premium shall be equivalent to 28 hours of pay at straight time per pay period. The rate paid shall be tied to
the Incumbents rank. The POA agrees that the acceptance of said compensation as described in section E as
"PERSable" is subject to PERS approval and if It is determined that said compensation Is not "PERSable" the
City is not obligated to provide additional benefits.
F) Total annual salary and benefits for the current POA President for FY 2012-13 are projected at approximately
$204,488.64, assuming 28 hours per pay period at straight time for President's pay. Total projected value of
Floating Holiday donations for 2012 is $196,904.21. This does not include additional Union time usage by
Board members.
G) PDA agrees to reduce the number of board meetings from two to one per month and require their members
who are on duty to attend during lunch. For those not on duty (graveyard), time spent will be considered
"voluntary" in nature. This will reduce significantly the amount of additional Union time being deducted from
the Floating Holiday bank.
H) The Police Chief shall approve days off for five board members, twice per year, to attend the Peace Officers'
Memorial and FOP, respectively. POA will pay for the training itself, Including per diem, travel, hotel, etc.
Raya John Franks
Executive Director of Personnel President, SAPOA
City of Santa Ana
_(C tC)-zz- lZ
Date Date
25A-23
JULY 1, 2008 -JUNE 30, 2013
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
AND
SANTA ANA POLICE OFFICERS ASSOCIATION
25A-24
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR FISCAL YEARS 2008-09 THROUGH 2012-13
TABLE OF CONTENTS
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE DI
ARTICLE X
ARTICLE XI
ARTICLE X11
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXEI
ARTICLE XXIV
ARTICLE XXV
ARTICLE XXVI
ARTICLE XXVII
EXHIBIT A
EXHIBIT B
RECOGNITION
NON-DISCRIMINATION CLAUSE
ATTENDANCE, WORK PERIOD, WORK SCHEDULE
& WORKDAY
SALARIES
ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
CAREER DEVELOPMENT PROGRAM
TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM
OVERTIME
HOLIDAYS
VACATION
OTHER LEAVES OF ABSENCE
EMPLOYEE INSURANCE
RETIREMENT
RELEASE TIME FOR ASSOCIATION REPRESENTATIVE
SAFETY
RESIDENCY
DISCIPLINE
GRIEVANCE REVIEW PROCEDURE
DUES DEDUCTION AND INDEMNIFICATION
CITY RIGHTS
STRIKES AND WORK STOPPAGES
LAYOFFS
SOLE AND ENTIRE AGREEMENT
WAIVER OF BARGAINING DURING THE TERM OF
THIS AGREEMENT
SEPARABILITY PROVISION
TERM OF AGREEMENT
RATIFICATION AND EXECUTION
BASIC SALARY AND WAGE SCHEDULE
ASSIGNMENT OF CLASSES TO SALARY RATE RANGES
16
21
25
28
35
38
42
50
52
55
57
58
59
60
62
63
65
66
67
68
69
70
71
73
75
25A-25
ARTICLE I
1.0 RECOGNITION
1. ] Pursuant to the provision of the Meyers-Milias-Brown Act,Govemment Code Section 3500,
et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana
Police Officers Association (herein called the "Association") as the recognized representative
of the bargaining unit which includes police department employees in the sworn, "safety-
member" classifications and assignments of Police Officer, Senior Police Officer, Police
Sergeant, Senior Police Sergeant and in the non-sworn, "miscellaneous-member"
classifications and assignments of Animal Service Officer I and II, Background Investigator,
Communications Services Officer, Crime Research Analyst, DARE Officer, Darkroom
Technician, Detention Officer, Firearms Examiner, Forensic Specialist I and II, Forensic
Services Supervisor, Parking Control Officer, Police Communications Supervisor, Police
Community Services Specialist, Police Evidence and Supply Specialist, Police Investigative
Specialist, Police Property and Evidence Specialist, Police Property and Evidence
Supervisor, Police Recruit, Police Service Assistant, Police Service Officer, Police Services
Dispatcher, Range master, Detention Supervisor, Senior Parking Control Officer, and Traffic
Services Specialist and excludes all other employees of the Police Department.
25A-26
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and Association agree that they shall not discriminate against any employee in
violation of State or Federal law. The City and the Association shall reopen any provision of
this Agreement for the purpose of complying with any order of a Federal or State agency or
court of competent jurisdiction requiring a modification or change in any provisions of this
Agreement in compliance with State or Federal anti-discrimination laws.
2.2 Whenever reference is made to the masculine gender it shall be understood to include the
feminine gender, unless expressly stated otherwise.
25A-27
ARTICLE III
3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY
3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work
location during hours prescribed by the Police Chief or his designee(s) and shall not absent
themselves during prescribed hours without approval of the Police Chief or his designee(s).
3.2 Definitions.
A. Standard Work Period. The Standard Work Period shall consist of a consecutive
seven (7) day, 168 hour period.
B. Alternative Work Period-207(k) Exempt Employees. The Alternative Work Period
shall apply to all members of the Association who are peace officers, detention
officers or detention supervisors who are exempt from the overtime provisions of the
Fair Lahor Standards Act (FLSA) pursuant to Section 207(k). The 207(k)
employees' Work Period shall consist of a consecutive 28 day, 672 hour time period.
In conformance with the FLSA, members who are peace officers, detention officers,
or detention supervisors shall not be eligible for FLSA overtime, as defined under the
FLSA for employees assigned to the Alternate Work Period until they have worked in
excess of 171 hours in the Alternate Work Period. Nothing in this section shall
prevent a peace officer, detention officer or detention supervisor from earning
overtime and being compensated for overtime based on the overtime provisions of
this Agreement as stated in Article VIII of this Agreement. All overtime shall be
paid at one and one-half (1 1/2) times the regular rate of pay.
C. Work Hours, Work hours are the regularly scheduled hours of work as determined
by the Police Chief or his designee, A "day" is defined as any consecutive 24 hour
period.
D. Work Schedules. At this time, the Police Chief has established the following work
schedules. These schedules may be changed by the Police Chief subject to the
provisions of the Meyers-Milias-Brown Act. Unless exigent circumstances exist, the
Police Chief, or his designee, shall inform the Association prior to the changing of
the below designated Work Schedules,
Standard Work Period Schedules.
a. 5/40 Work Schedule. Employees shall work five (5) eight hour
workdays per seven (7) consecutive day, 168 hour Standard Work
Period. Each workday shall consist of eight (8) hours of work and a
30 minute unpaid meal period.
b. 4/10 Work Schedule. Employees shall work four (4) 10 hour days per
seven (7) consecutive day, 168 hour Standard Work Period. Each
workday shall consist of 10 hours of work, and either a 30 minute or
25A-28
one (1) hour unpaid meal period. The determination as to a 30
minute or one (1) hour unpaid meal period shall be made by the
Police Chief or his designee.
C. 9/80 Work Schedule. Employees shall work four (4) nine hour days
and one (1) four hour day in each seven (7) consecutive day, 168 hour
Standard Work Period. Each nine (9) hour workday shall consist of
nine (9) hours of work and either a 30 minute or one (1) hour unpaid
meal period. The eight hour workday shall consist of four (4) hours
applied to the first seven (7) day period and four (4) hours applied to
the second seven (7) day period divided by either a 30 minute or one
(1) hour unpaid meal period. The determination as to a 30 minute or
one (1) hour unpaid meal period shall be made by the Police Chief or
his designee.
d. 12/40 Work Schedule. Employees shall work three (3) 12 hour and
30 minute workdays and one (1) four hour workday in each seven (7)
consecutive day, 168 hour Standard Work Period. Effective
November 1, 2004, each workday shall consist of 11 hours and 30
minutes of work, and a one (1) hour meal period, 30 minutes of which
shall be paid and 30 minutes of which shall be unpaid, for a total of
12 hours and 30 minutes. The four (4) hour workday shall consist of
four (4) hours of work.
2. Alternate Work Period Schedules-207(k) Exempt Employees.
a, 2Q2 k)3/12.5 Work Schedule-Patrol/Canine. Employees shall work
thirteen 12 hour and 30 minute workdays in each 28 day FLSA Work
Period. Of the 13 workdays, an employee assigned to this schedule
shall be required to work one (1) 12 hour and 30 minute "payback"
day each 28 day FLSA Work Period, scheduled or assigned pursuant
to the Department's work schedule policy. Each workday shall
consist of 12 hours of work and a 30 minute paid meal period. During
each 28 day FLSA Work Period, employees shall work 162.5 hours.
Upon completion of this work schedule, employees will earn an
additional two (2) hours and 30 minutes of vacation time, provided
they do not take leave without pay during that Work Period.
Employees assigned to this schedule are compensated for their meal
periods. Consequently, if an employee is unable to take his or her
meal period, or is interrupted during his or her meal period, he or she
shall not receive further compensation.
b. 207(k) 7/12.5 Work Schedule - Detention. Employees shall work
three (3) 12 hour and 30 minute workdays in one (1) seven day period
and four (4) 12 hour and 30 minute workdays in the next seven (7)
day period, or alternatively, four (4) 12 hour and 30 minute workdays
in the first seven (7) day period and three (3) 12 hour and 30 minute
25A-29
workdays in the following seven (7) day period. This cycle shall be
repeated twice each 28 day FLSA Work Period. Effective November
1, 2004, each workday shall consist of 11 hours and 30 minutes of
work and a one (1) hour meal period, 30 minutes of which shall be
paid and 30 minutes of which shall be unpaid, for a total of 12 hours
and 30 minutes. During each 28 day FLSA Work Period, employees
assigned to the 207(k) 7/12.5 Work Schedule shall earn one (1) hour
of vacation time if they do not take leave without pay during that
Work Period. Detention Officers will be compensated at the time and
a half overtime rate for all time worked in excess of their regular
work shift of 12.5 hours per workday. The overtime compensation
will apply only to actual time worked beyond the regular shift and
calculated in increments of six (6) minutes.
C. 207(k)4/10.5 Work Schedule-Detention Administration. Employees
shall work seven (7) ten hour and 30 minute workdays and one (1) ten
hour workday during each two (2) week period. This pattern will
recur twice during the 28 day FLSA Work Period. Each 10 hour and
30 minute workday shall consist of 10 hours and 30 minutes of work
and either a 30 minute or one (1) hour unpaid meal period. The 10
hour workday shall consist of 10 hours of work and either a 30
minute or one (1) hour unpaid meal period. The determination as to a
thirty (30) minute or one (1) hour unpaid meal period shall be made
by the Police Chief or his designee.
d. 207(k) 4/10 Work Schedule. Employees shall work 16 ten hour
workdays in each 28 day FLSA Work Period. Each workday shall
consist of 10 hours of work and either a 30 minute or one (1) hour
unpaid meal period. The determination as to a 30 minute or one (1)
hour unpaid meal period shall be made by the Police Chief or his
designee.
e. 207(k) 9/80 Work Schedule. Employees shall work five (5) nine
hour workdays in one (1) seven (7) day span and three (3) nine hour
workdays and one (1) eight hour workday in the second seven (7) day
span, or alternatively three (3) nine hour workdays and one (1) eight
hour workday in the first seven (7) day span and five (5) nine hour
workdays in the second span. This cycle shall be repeated twice each
28 day FLSA Work Period. Each nine (9) hour workday shall consist
of nine (9) hours of work and either a 30 minute or one (1) hour
unpaid meal period. The eight (8) hour workday shall consist of eight
(8) hours of work and either a 30 minute or one (1) hour unpaid meal
period. The determination as to a 30 minute or one (1) hour unpaid
meal period shall be made by the Police Chief or his designee.
f. 207(k) 9/81 Work Schedule. Employees shall work 81 hours in a
consecutive 14 day, 336 hour period. This cycle shall be repeated
25A-30
twice each 28 day FLSA Work Period. Employees shall work five (5)
nine hour workdays in one (1) seven (7) day span and four (4) nine
hour workdays in the second seven (7) day span. Each nine hour
workday shall consist of nine (9) hours of work and either a 30
minute or one (1) hour unpaid meal period. While assigned to the
9/81 schedule, an officer shall earn two (2) hours of overtime during
each 28 day FLSA Work Period, unless he or she takes leave without
pay during the 28 day, 672 hour period.
3.3 Part Time Employment. During the term of this Agreement, no presently existing full-time
positions will be eliminated as the result of the use of part-time employee(s) and, to the
extent possible, when the workload of any one or more part-time employee(s) would justify
the addition of a full-time position or positions, the parties will meet and confer regarding the
addition of a full-time position or positions, subject to City Council approval.
3.4 Code Seven. Except for those employees assigned to Patrol, other employees whose meal
periods are interrupted by the performance of job related duties, will receive another full,
uninterrupted lunch period or will be compensated for their lunch period at their overtime
rate of pay at time and one-half their regular rate of pay. For purposes of this section,
"interrupted" shall mean a significant interruption of more than a few minutes (deminimus).
For employees who receive a one-hour lunch period (half of which is paid) overtime
compensation shall apply only to the unpaid half-hour. Unless exigent circumstances exist
beyond the Department's control, employees assigned to Patrol shall be provided a 30 minute
paid meal period. Should an employee's meal period be interrupted, every effort shall be
made to allow the affected employee to resume his/her meal period for the remaining unused
time, not to exceed the 30 minute total meal period.
3.5
For the period July 1, 2010 through June 30 2012, all employees assigned as detectives
(investigators) shall work one (1) day per month in the patrol function of the Field
Operations Bureau pursuant to a schedule as determined by the Chief of Police or his
designee.
25A-31
ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
members of the Santa Ana Police Officers Association who are now employed or will in the
future be employed in any of the designated classifications of employment listed in this
Agreement and its attachments.
4.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit A,
and made a part hereof as though set forth in full herein, provides numerous salary rate
ranges, each comprised of five (5) steps or rates of pay.
The respective rate ranges are identified by a three (3) digit munber. The steps within each
range are identified by the letters "A" through "E" inclusive, with the "A" step being the
lowest step in the range. The purpose of each step and the length of service required for
advancement to the next higher step within a particular salary rate range are set forth in
Section 4.7 below,
4.3 Salary Adjustments.
A. The base salaries of employees covered by this Agreement shall be adjusted as
follows:
Effective July 1, 2008, the base salary of employees covered by this Agreement shall
be increased by eight (8) salary rate ranges (approximately 4%).
Effective January 1, 2009, the base salary of employees covered by this Agreement
shall be increased by five (5) salary rate ranges (approximately 2.5%).
Effective July 1, 2010, the base salary of employees covered by this Agreement shall
be increased by zero (0) salary rate ranges.
Effective January 1, 2011, the base salary of employees covered by this Agreement
shall be increased by zero (0) salary rate ranges.
Effective July 1, 2011, the base salary of employees covered by this Agreement shall
be increased by six (6) salary rate ranges (approximately 31/6). Effective December
1, 2011, employees shall contribute 2% (of the 3% salary increase received on July 1,
2011) of their salary increase to pay for employer portion of the City's PERS
contribution as more fully addressed below in Section 13.5. This contribution shall
be paid in accordance with Government Code section 20516(f).
Effective July 1, 2012, the base salary of employees covered by this Agreement shall
be increased by seven (7) salary rate ranges (approximately 3.5%). Effective on July
1, 2012, employees covered by this Agreement shall contribute the increase received
on that date to pay for employer portion of the City's PERS contribution as more
25A-32
fully addressed below in Section 13.5. This contribution shall be paid in accordance
with Government Code section 20516(f).
City agrees that if, upon completion of negotiations for a successor MOU with the
FBA and all other safety units/employees, the City has not agreed to (or imposed) an
employee retirement contribution (either as cost sharing or employer paid member
contribution) at the same or greater percentage as to that paid by safety employees
who are covered by this Agreement, the City will return the 3.5% salary increase
(retroactive to July 1, 2012) to employees covered by this Agreement.
B, An employee covered by this Agreement who provides written notice to the City's
Benefits and Compensation Manager prior to June 30, 2009, of his or her express
intention to retire from City employment on or before January 1, 2011, shall be
governed by the following:
Effective July 1, 2009, the base salary of an employee who has notified the
City of his or her intent to retire from City employment on or before January
1, 2011, shall be increased by eight (8) salary rate ranges (approximately 4%);
2. Effective January 1, 2010, the base salary of an employee who has notified
the City of his or her intent to retire from City employment on or before
January 1, 2011, shall be increased by five (5) salary rate ranges
(approximately 2.5%);
In exchange for the salary increases as set forth in 43-A-1 -a and 4.3-A-1-b,
above, an employee who has notified the City in writing ofhis or her intent to
retire from City employment on or before January 1, 2011, as set forth in 4.3-
A-1, above, shall take unpaid furlough hours off from work during the period
July 1, 2009 to June 30, 2010 ("the furlough period") as set forth below:
POA Furlough Hours In-lieu of MOU Salary Increase Deferral
Bases salary increase as of 7/1109: 4.00%
Base salary increase as of 1/1/10: 2.50%
Furlough equivalent value of 6.5% MOU base salary increase:
Number of 8/hour Days: 17
Number of hours: 135
1 furlough hr (% of salary): 0.0481%
711109 1/1/2010 1/1/2010 7/1/2010
to to to to
Schedule 12131/09 6130110 6130110 12131110
Work Retirement (kr. per 4% 4% 2.5% 2.S%
Ii 3/12 12/31/2009 12 42 42
Iii 3/12 6/30/2010 12 42 42 26 109
1iii 3/12 12/31/2010 12 42 42 26 26 135
liv 4/10 12/3112009 10 42 42
Iv 4/10 6/30/2010 10 42 42 26 109
Ivi 4/10 12/31/2010 10 42 42 26 26 135
10
25A-33
Note: Furlough equivalency table reflects the true value associated with swapping furlough hours in-lieu of MOU salary
increase deferral. Furloughs should be based on number of hours not number of days (provides flexibility when
employees move across schedules). Number of furlough hours will be the some across all schedules.
The required furlough hours shall be monitored by the City payroll
department. Any affected employee is required to take the equivalent of at
least one (1) furlough day per month during the furlough period. Any
affected employee who fails to take the required furlough day in any month
shall incur a deduction from his or her gross pay in the succeeding pay period
in an amount equal to the hours of his or her regular daily shift, computed at
base rate plus premiums.
Any employee who notifies the City of his or her intent to retire under these
provisions and receives the salary increases as set forth in 4.3"A" "1"
subsections "a" and "b" above, and who does not retire on or before January
1, 2011, shall not receive the salary increases scheduled for July 1, 2010 and
January 1, 2011, respectively.
C. The assignment of classes to salary rate ranges is listed in Exhibit B, which is
attached and made a part hereof as though set forth herein.
D. Effective July 1, 2001, and in the event the City incurs an employer cost, safety
employees covered by this Agreement will contribute up to 1.42% of their salary
toward the 3% at 50 retirement benefit. Due to excessive employer contribution
rates, effective July 1, 2004 and during the term of this Agreement, the agreed upon
employee contribution rate shall be the maximum of 1.42%.
Effective July 1, 2007, Miscellaneous employees covered by this Agreement shall
contribute 2% of their salary toward the 23% at 55 retirement benefit. To the extent
permitted by Ca1PERS and Internal Revenue Service regulations, this 2%
contribution shall be implemented through payroll deduction on a pre-tax basis,
Effective July 1, 2008, Miscellaneous employees covered by this Agreement shall
contribute an additional 2% of their salary (for a total of 4%) toward the 2.7% at 55
retirement benefit. To the extent permitted by CalPERS and Internal Revenue
Service regulations, this additional 2% contribution shall be implemented through
payroll deduction on a pre-tax basis.
Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall
contribute an additional 2.3% of their salary (for a total of 6.3%) toward the 2.7% at
55 retirement benefit. To the extent permitted by Ca1PERS and fntemal Revenue
Service regulations, this additional 2.3 % contribution shall be implemented through
payroll deduction on a pre-tax basis.
E. Effective July 1, 1998, employees will contribute one-half percent (.5%) of their base
salary plus pay additives through payroll deduction to a fund maintained by the Santa
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Ana Police Officers Association for the purpose of providing retiree health insurance
premium reduction assistance.
Effective July 1, 1999, employees will contribute an additional one-half percent
(.5%) for a total of one percent (1%) of their base salary plus pay additives through
payroll deduction to a fund maintained by the Santa Ana Police Officers Association
for the purpose of providing retiree health insurance premium reduction assistance.
This payroll deduction for retiree health insurance premium reduction assistance will
continue until such time as the parties may mutually agree to end said deduction.
Additionally, effective October 1, 2006, the City shall contribute an amount equal to
one-half percent (.5%) of the bargaining unit's annual base salary, including pay
additives, for the purpose of providing retiree health insurance premium reduction
assistance.
Effective October 1, 2008, and each October 1' thereafter, the City shall contribute
an additional amount equal to one-quarter percent (.25%) for a total City contribution
of three-quarters' percent (.75%) of the bargaining unit's annual base salary,
including pay additives (excluding overtime), for the purpose of providing retiree
health insurance premium reduction assistance. The parties agree that the City's
payment due on October 11 2011 (which the parties previously agreed would not be
due until January 1, 2012) shall not be required to be made until October 1, 2012. In
addition, the payment due on October 1, 2012 will be due on January 1, 2013.
4.4 Application of Basic Compensation Plan. The salary rate ranges and steps contained in
Exhibit A are monthly salary rates. All officers and employees working in classifications of
employment covered by this Agreement shall be compensated at a monthly rate, except that
an employee hired for temporary work in a position which has an anticipated duration of less
than six (6) months shall be paid at a rate per hour for actual time spent in the performance of
the duties ofhis or her employment. Any hourly rate of pay, defined as the regular hourly rate
of pay, shall be computed by dividing the monthly salary rate plus pay additives by 173.33. In
determining the hourly rate as herein provided, computation shall be made to the nearest
whole cent and a computation resulting in exactly one-half cent or higher shall fix the rate at
the next higher whole cent.
4.5 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown as
Step "A" in the salary rate range allocated to the class of employment for which he or she has
been hired, In special instances where such new employee possesses unique and exceptional
education, training and/or experience qualifications, the department head under whom the
employee will serve, may submit a written request and justification to the City Manager for
authorization to place such new employee on Step "B" or Step "C" within the allocated salary
rate range, provided that such employee shall be assigned such salary step upon the
commencement of his or her service in the classification of employment to which the salary
rate range applies and such assignment having once been made shall remain in effect until
the said employee shall be entitled to advance to the next salary step in accordance with the
further provisions of this Article.
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4.6 Service. The word "service" as used in this Agreement shall be deemed to mean continuous,
full-time service in the classification in which the officer or employee is being considered for
salary advancement, service in the higher classification or service in a classification allocated
to the same salary rate range and having generally similar duties and requirements.
Employees hired after the first (1st) working day of the month shall not be credited with
"time-in-service" for that month when determining the length of service required for salary
step advancement. A lapse of service by an officer or employee for a period of time longer
than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to
eliminate the accumulated length of service time of such officer or employee for the purpose
of this Agreement and any such officer or employee reentering the service of the City shall be
considered as a new officer or employee, except that he or she may be reappointed within one
(1) year and may be placed in the same salary step in the appropriate salary range as he or she
was at the time of termination of employment.
4.7 Advancement Within Ranees. The following regulations shall govern salary advancement
within rate ranges:
A. Len0h of Service Advancements. After the salary of an officer or employee has been
first established and fixed under this plan, such officer or employee shall be advanced
from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C" to Step
"D," whichever is the next higher step to that on which the officer or employee has
been previously paid, effective the first day of the month following the date of
completion of the length of service for such advancement as provided in Exhibit B of
this Agreement.
B. Merit Advance. An officer or employee shall be considered for advancement from
Step "D" to Step "E" upon the completion of the required length of service as
provided in Section 4.2 and Exhibit A of this Agreement. The effective date of such
merit increase, if granted, shall be on the first day of the month following the
completion of such required length of service. Advancement to Step "E" may be
granted only for continued meritorious and efficient service and continued
improvement by the officer or employee in the effective performance of the duties of
his or her position. Such merit advancement shall require the following:
There shall be on file in the office of the chief personnel officer a copy of
each periodic efficiency or performance report required to be made on the
officer or employee by the Santa Ana Municipal Code and/or the City
Manager during the period of service time of such officer or employee
subsequent to this last salary advancement.
2. The Police Chief, at least twenty (20) calendar days prior to the anticipated
completion of such officer's or employee's required length of service, shall
file with the City Manager a statement recommending the granting or denial
for the merit increase and supporting such recommendations with specific
reasons therefore.
No advancement in salary above Step "D" shall become effective until
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approved by the City Manager, except when placement on a salary step above
Step "D" results from promotion under the provisions of Section 4.9 of this
Article.
C. Length of Service Required When Advancement Denied. When an officer or
employee has not been approved for advancement to the merit step E, lie or she may
be reconsidered for such advancement after the completion of three (3) months of
additional service and shall be reconsidered for such advancement after the
completion of six (6) months of additional service. This reconsideration shall follow
the same steps and shall be subject to the same actions as provided in Subparagraphs
B (2) and B (3) of this Section.
4.8 Reduction in Salary Steps, Any officer or employee who is being paid on merit step E may
be reduced to Step "D" of the appropriate salary range, upon the recommendation of the
Police Chief, and the approval of the City Manager. Procedure for such reduction shall
follow the same procedure as outlined for merit advancements in Section 4.7 above, and such
officer or employee may be considered for re-advancement under the same provisions as
contained in Subsection C of Section 43.
4.9 Promotional Salary Advancement. When an officer or employee is promoted to a position in
a higher classification from a position in a lower classification in the same occupational
career ladder, he or she shall be reassigned to Step "A" in the appropriate salary rate range for
the higher classification; provided however, that if the base salary step currently being paid
such officer or employee is already equal to or higher than said Step "A," he or she will be
placed in the lowest step in the appropriate salary rate range as will grant that officer or
employee an increase of at least one (1) salary step over his or her current base salary step
including any additive or additives such as career development or educational incentive pay,
but excluding shift differential, assignment pay and bilingual pay.
4.10 Demotion. When an officer or employee is demoted to a position in a lower classification, his
or her salary rate shall be fixed in the appropriate salary rate range for the lower classification
in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step.
B. The new salary rate must be within the appropriate salary rate range.
C. The new salary rate shall not be higher than the salary step to which the officer or
employee would have been entitled had his or her service time in the higher
classification been spent in the lower classification.
D. If the salary rate recommended by the Police Chief is lower than the maximum step
permissible under Subsection C above, such recommendation shall be considered a
reduction in pay in addition to the demotion and shall be handled in accordance with
the provisions for salary reductions (Section 4.8, above).
4.11 Reallocation of Salary Rate Ranges. Any officer or employee who is employed in a
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classification which is reallocated to a different salary rate range from that previously
assigned shall be retained in the same salary step in the new salary rate range as he or she had
previously held in the prior rate range and shall retain credit for length of service in such step
towards advancement to the next higher step.
4.12 Direct Paycheck Deposit. The City and Association agree to form a Citywide task force to
determine the feasibility of implementing a direct paycheck deposit system. If agreed to by
all parties, the new system will be implemented by January 1, 2001, or as soon as practicable
thereafter.
4.13 Deferred Compensation. If, during the term of this Agreement, the City agrees to match
employee Deferred Compensation contributions for members of any other bargaining unit,
then employees covered by this Agreement shall receive the same benefit.
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ARTICLE V
5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
5.1 Assignment Pay Differentials.
Effective the first day of the first full month following Council approval of this Agreement,
assignment pay differentials, as listed herein and throughout the contract, will, in each case,
be added individually and separately to the employee's base salary. In no event shall one
assignment pay differential be added to the employee's base salary as a basis for the
calculation of an additional pay differential.
A. An incumbent in the class of Police Services Dispatcher who is continuously and
regularly assigned to and actually performing in a lead supervisory and trainer
capacity over an assigned shift of Police Services Dispatchers will be paid at a rate
set ten (10) salary rate ranges (approximately 5.0%) above his or her then current
base monthly salary step.
B. Personnel in the class of Forensic Specialist I, who are regularly and continuously
assigned to and actually performing duties in a "lead" supervisory capacity over a
primary functional unit of Forensic Specialist I employees, will be paid at a rate set
ten (10) salary rate ranges (approximately 5.0%) above their then current base
monthly salary step.
C. An incumbent in the class of Police Officer who is continuously and regularly
assigned to and actually performing duties of a Corporal will be paid at a rate set five
(5) salary rate ranges (approximately 2.51/D) above his or her then current base
monthly salary step.
Effective July 1, 2005, if a Corporal is assigned to lead a work unit without a
Sergeant, he or she will be paid an additional five (5) salary rate ranges
(approximately 2.5%) above his or her base monthly salary step for such assignment.
At the present time, Directed Patrols and Civic Center Patrol units are examples of
such assignments.
D. An incumbent in the class of Detention Officer who is continuously and regularly
assigned to and actually performing duties of a Senior Detention Officer will be paid
at a rate set five (5) salary rate ranges approximately 2.5%) above his or her then
current base monthly salary step.
E. The Police Chief at his discretion and based on the department's need may assign
sworn officers to standby status for non-work days or other days as determined by the
Police Chief. Officers thus assigned will be compensated at the rate of two (2) hours
of straight time per day of standby duty. Officers assigned to standby status on non-
work days will not lose their standby pay when called to duty, if they have been on
call for at least six (6) hours when called. If officers on standby status are called to
duty after having been on call for less than six (6) hours, they will be paid for their
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response to work, but not for their standby status.
F. An employee who is continuously and regularly assigned as a Training Officer
working in Field Operations, the Detention facility, or as a Forensic Specialist II will
be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her
then current base monthly salary step,
G. An employee who is continuously and regularly assigned to and actually performing
duties of an Internal Affairs Officer will be paid at a rate set five (5) salary rate
ranges (approximately 2.5%) above his or her then current base monthly salary step.
H. Effective July 1, 2003, an employee who is continuously and regularly assigned to
perform training functions as a Parking Control Officer will be paid at a rate set five
(5) salary rate ranges (approximately 2.51/6) above his or her then current base
monthly salary step.
Effective November 1, 2004, an incumbent in the class of Police Officer who is
continuously and regularly assigned as a Canine Officer will be paid at a rate set ten
(10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step. This pay shall be considered compensation for the care and
feeding of the dog and will be in lieu of the thirty (30) minutes of time each day
currently provided for such purpose.
J. Effective July 1, 2005, an incumbent in the class of Police Officer who is
continuously and regularly assigned to and actually performing duties of a Motor
Officer assigned to the Traffic Division will be paid at a rate set five (5) salary rate
ranges (approximately 2.5%) above his or herthen current base monthly salary step.
K. Effective July 1, 2005, an incumbent, identified by the Police Department, who is
continuously and regularly assigned to and actually performing duties of a
Detective/Investigator assigned to the Investigations Division or Special
Investigations Units as well as Police Investigative Specialist, Background
Investigator, Collision Investigator, and Graffiti Task Force Investigator, will be paid
at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then
current base monthly salary step.
L. Effective November 1, 2004, each employee in the class of Detention Officer or
Detention Supervisor, who is continuously and regularly assigned to either the 207(k)
7/12.5 Detention Work Schedule, or the 4/10.5 Detention Administration Work
Schedule, shall be paid at a rate set six (6) salary rate ranges (approximately 3%)
above his or her then current base monthly salary step. This assignment pay is
compensation for the additional 30 minutes work or briefing time each day.
M. Personnel in the class of Firearms Examiner who are regularly and continuously
assigned to and actually performing duties in a "lead" supervisory capacity over a
primary functional unit, will be paid at a rate set ten (10) salary rate ranges
(approximately 5.0%) above their then current base monthly salary step.
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N. Notwithstanding the specific provisions of Article V, Section 5. 1, A - M, supra, an
incumbent who is regularly and continuously assigned to lead a functional unit which
includes positions in the same or lower classifications as the incumbent, may be
compensated for said duties upon mutual agreement of the City and POA and
approval of the Police Chief and the Executive Director of Personnel Services. This
compensation shall be referred to as "lead pay."
0. Effective September 1, 2006, an incumbent in the class of Forensic Specialist I or
Forensic Specialist It who is continuously and regularly assigned as a Tenprint -
AFIS Technician will be paid at a rate set five (5) salary rate ranges (approximately
2.51/o) above his or her then current base monthly salary step.
P. Effective September 1, 2006, an incumbent in the class of Forensic Specialist I or
Forensic Specialist II who is continuously and regularly assigned as a Fingerprint
Analyst will be paid at a rate set five (5) salary rate ranges (approximately 2.5%)
above his or her then current base monthly salary step. In no event shall an
incumbent receive more than ten (10) salary rate ranges (approximately 5%) more
than his or her then current base monthly salary step for performing the duties of both
the Tenprint - AFIS Technician and Fingerprint Analyst.
5.2 Shift Differential. Non-Sworn Personnel. Each employee in the classes of Animal Service
Officer I, Animal Service Officer II, Forensic Specialist I, Crime Research Analyst, Forensic
Specialist II, Police Communications Supervisor, Police Investigative Specialist, Police
Property & Evidence Specialist, Police Service Officer, Police Evidence and Supply
Specialist, Police Services Dispatcher, Communications Services Officer, Detention Officer,
Detention Supervisor and Parking Control Officer who is continuously and regularly
assigned to a schedule of work which requires that he or she actually work a minimum of
four and one-half (41 /2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a
shift differential at a rate set ten (10) salary rate ranges (approximately 5.0%) above his or
her then current base monthly salary step.
5.3 Bilingual Pay, Qualified employees who meet the following criteria shall be paid a monthly
pay differential, above his or her base monthly salary step, as follows:
A. Assignment by the Police Chief or his designee to a position requiring bilingual
capability in both English and one of the following languages: Spanish, Samoan,
Vietnamese, Cambodian, Korean, Hmong or other language designated by the City
Manager; and
B. Certification by the chief personnel officer as having satisfactorily demonstrated the
required level of fluency in both languages.
C. Sworn: Street Level Proficiency in Spanish. A Police Officer or Sergeant who
successfully demonstrates the required level of bilingual fluency as determined by the
chief personnel officer shall be paid a bilingual pay differential in an amount equal to
the product obtained by multiplying the Step "E" base salary rate ofPolice Officer by
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five (5) salary rate ranges (approximately 2.5%).
Employees receiving "Street Level Proficiency" incentive pay may be required, as a
condition of continued eligibility to receive such incentive pay, to successfully
complete an eight (8) hour refresher course once every twelve months from the date
of initial certification.
D. Sworn: Complex Level Proficiency in Designated Languages. A Police Officer or
Police Sergeant who successfully demonstrates the required level ofbilingual fluency
as determined by the chief personnel officer shall be paid a bilingual pay differential
in an amount equal to the product obtained by multiplying the Step "E" base salary
rate of Police Officer by ten (10) salary rate ranges (approximately 5%).
E. Non Sworn: Secondary Level Proficiency in Designated Languages. A non-sworn
employee who successfully demonstrates the required level of bilingual fluency as
determined by the chiefpersonnel officer shall be paid a monthly differential of forty
dollars ($40) above his or her then current base monthly salary step.
F. Non-sworn: Primary Level Proficiency in Designated Languages. A non-sworn
employee who successfully demonstrates the required level of bilingual fluency as
determined by the chief personnel officer shall be paid a monthly differential of one
hundred seventy-five dollars ($175) above his or her then current base monthly salary
step.
5.4 All assignments to positions set forth in Sections S. 1, 5.2, 5.3 above of sworn and non-sworn
personnel shall be made or revoked in a fair manner at the discretion of the Police Chief.
5.5 Temporary Upgrade Assignment Pay. The parties acknowledge that from time to time it may
be necessary for the department to fill a vacant, full-time budgeted, higher-level position.
The parties agree that such a position may be filled by an eligible unit member for an initial
period of up to six (6) months, and at the discretion of the Chief of Police, for an additional
six (6) months; and that the employee assigned to fill such a position shall receive Temporary
Upgrade Assignment Pay as set forth below:
A. Eli ibili .
Full-time employees shall be assigned to fill a vacant, full-time budgeted, higher-
level position, and shall receive Temporary Upgrade Assignment Pay for filling that
position, when the occupier of that position is not performing the duties of that
position for a period of two (2) consecutive calendar weeks or more. An employee
filling a position under this section who is absent for two (2) days or less during the
two (2) consecutive calendar week period will not lose his or her eligibility for
Temporary Upgrade Assignment Pay; however, the days of absence shall not be
counted in the computation of the two week period.
In computing qualifying service or temporary upgrade assignment pay only full days
of actual duty shall be included. Partial days shall not be combined to make full days
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unless they are holiday hours. Holiday time off will be included in computing actual
duty days.
Employees holding the position immediately subordinate to the vacant, full-time,
budgeted, higher-level position to be filled shall be given first consideration to said
position consistent with the operational needs ofthe department. When there is more
than one (1) employee holding the position immediately subordinate to the vacant,
full-time, budgeted, higher-level position to be filled, the most senior employee
holding one of the immediately subordinate positions shall be assigned to said
position consistent with the operational needs of the department.
Non-permanent employees (probationary, part-time, seasonal, etc.) and employees
performing work above their regular class in a training capacity shall not be assigned
to a vacant, full-time, budgeted, higher-level position in accordance with this section
unless specifically authorized by the City Manager.
B. Compensation.
1. After an employee has served two (2) consecutive calendar weeks in a vacant,
full-time, budgeted, higher-level position, he shall be compensated at the
Temporary Upgrade Assignment Pay rate for each full day that he is assigned
to the higher-level position, retroactive to the first (1a) day of said
assignment.
2. An employee serving in a Temporary Upgrade Assignment will be paid a
temporary assignment pay premium at a rate set ten (10) salary rate ranges
(approximately 5%) above their then current base monthly salary step.
3. An employee assigned to a vacant, full-time budgeted, higher-level position
not represented by this bargaining unit will retain all fringe benefits afforded
to members of this bargaining unit, if the employee remains eligible for such
pay while in the temporary assignment, in accordance with this MOU, but
will not be eligible for any benefits afforded to members of the bargaining
unit for the position to which he or she is temporarily assigned.
4. An employee assigned to a vacant, full-time, budgeted, higher-level position
will continue to accrue, and have recorded, general, special, or normal salary
step increases in the employee's permanent position; however, such salary
increase will be paid only to maintain the minimum ten (10) salary rate range
(approximately 5%) differential required by this section.
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ARTICLE VI
6.0 CAREER DEVELOPMENT PROGRAM
6.1 Definitions. For the purpose of clarifying the criteria for the Police Career Development
Program designations set forth in Sections 6.2 through 6.8 of this Article, the following
definitions apply:
A. Educational Units. One (1) completed "semester" unit in an academic course of
instruction approved by the Police Chief and in an accredited college or university
shall equal one (1) educational unit. One (1) "quarter" unit achieved in an educational
institution as above shall equal two-thirds (2/3) of an educational unit. "Trimester"
units or other standards of measurement used as a basis in awarding scholastic credits
will be accorded the same evaluation and weight as provided by the respective
accredited college or university. Only completed coursework credited with a letter
grade "C" or better or a grade of "Pass" when evaluated by the "Pass/Fail" method
will be accepted. If such ratings are not rendered for a specific course, then a
certificate of successful completion must be submitted.
B. Training Units. Twenty (20) classroom hours or its equivalent of approved police
training shall equal one unit.
Regular, periodic, on-the-job training programs shall not be considered as fulfilling
this requirement. Neither shall the special training required for Crime Scene
Investigators and Advanced Officers or other similar mandatory training (e.g., First
Aid, C.P.R. Recertification, etc.) nor the basic introductory training or similar
training given an employee during his or her probationary period be given credit for
the awarding of training units.
When college credit is awarded for special training in police work, such units
of credit may be counted for either training units or educational units as the
officer may select.
2. Training units may be earned by the assignment to and performance of sworn
police officer duties (other than uniformed field patrol work in Field
Operations Division) with one (1) full and continuous month of such
assignment equal to one (1) training unit. Credit for experience in assignments
other than patrol work in Field Operations shall not be given, unless at least
three (3) full and continuous months of such assignment have been
completed. Not more than six (6) units oftraining through assignment to non-
patrol duties may be earned in any one (1) year and not more than fifteen (15)
such training units by assignment shall be used in meeting the criteria for the
Police Career Development Program designations as set out in this Article,
6.2 Crime Scene Investigator (C.S.L). Any sworn, safety-member Police Officerwho attains the
following educational and experience requirements and the approval as set out below shall be
paid an additional five (5) salary rate ranges (2.5"/") above his or her then current base
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monthly salary step. The criteria for such designation shall be as follows:
A. Completion of two (2) years of experience as a sworn Police Officer, at least one of
which shall be in the Santa Ana Police Department.
B. Completion (acquisition) of at least thirty (30) educational and/or training units.
C. Assignment to and actual performance of the duties and responsibilities of a C.S.I.
D. Completion of a special training course for Crime Scene Investigators as developed
and administered by the Santa Ana Police Department or such alternative course as
designated for such purpose by the Police Chief.
E. Approval of the Police Chief. The number of such designations as C. S.I. shall be no
larger than the requirements of the department as determined by the Police Chief.
6,3 Senior Police Officer I. Any swom, safety-member Police Officer, regardless of duty
assignment, who fulfills the requirements established in this section shall be designated as a
Senior Police Officer I and shall be paid at a rate set fifteen (15) salary rate ranges
(approximately 7.5%) above his or her then current base monthly salary step, The criteria for
such designation shall be as follows:
A. Completion of five (5) years of municipal police experience in the Police Officer
classification, of which thirty (30) months must be with the Santa Ana Police
Department.
B. Completion (acquisition) of at least sixty (60) educational and/or training units.
C. Approval of the Police Chief.
6.4 Senior Police Officer II, Any swom, safety-member Police Officer, regardless of duty
assignment, who fulfills the requirements established in this section shall be designated as a
Senior Police Officer II and shall be paid at a rate set twenty-five (25) salary rate ranges
(approximately 12.5%) above his or her then current base monthly salary step in the Police
Officer classification. The criteria for such designation shall be as follows:
A. Completion of seven (7) years of municipal police experience in the Police Officer
classification, of which thirty (30) months must be with the Santa Ana Police
Department.
B. Completion (acquisition) of at least ninety (90) educational/training units; or
possession of an Associate of Arts degree from an accredited college with an
additional thirty (30) or more educational/training units.
C. Approval of the Police Chief.
6.5 Senior Police Officer III. Any sworn, safety-member Police Officer, regardless of duty
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assignment, who fulfills the requirements established in this section shall be designated as a
Senior Police Officer III and shall be paid at a rate set thirty (30) salary rate ranges
(approximately 15%) above his or her then current base monthly salary step in the Police
Officer classification. The criteria for such designation shall be as follows:
A. Completion of nine (9) years of municipal police experience in the Police Officer
classification, of which thirty (30) months must be with the Santa Ana Police
Department.
B. Completion (acquisition) of at least one hundred twenty (120) educational/training
units; or possession of an Associate of Arts degree from an accredited college with an
additional sixty (60) or more educational/training units.
C. Approval of the Police Chief.
6.6 Senior Police Sergeant I. Any officer holding the rank of Police Sergeant in the Santa Ana
Police Department, regardless of duty assignment, who fulfills the requirements established
in this section shall be designated as a Senior Police Sergeant I and shall be paid at a rate set
fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base
monthly salary step. The criteria for such designation shall be as follows:
A. Completion of five (5) years of municipal police experience and be eligible for "E"
step of the base salary rate range of the Police Sergeant class.
"Eligible" as defined only for Section 6.6(A) means that a Police Sergeant shall be
considered for advancement from Step "D" or "E" to Senior Police Sergeant I upon
the completion of the required length of service as provided in Section 4.2 and
Exhibit A of this Agreement; the effective date of such increase shall be on the first
day of the month following completion of such required length of service,
B. Completion (acquisition) of at least sixty (60) educational and/or training units.
C. Approval of the Police Chief.
6.7 Senior Police Sergeant H. Any officer holding the rank of Police Sergeant in the Santa Ana
Police Department, regardless of duty assignment, who fulfills the requirements established
in this section shall be designated as a Senior Police Sergeant II and shall he paid at a rate set
twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then current base
monthly salary step in the Police Sergeant class. The criteria for such designation shall be as
follows:
A. Completion of seven (7) years of municipal police experience and be eligible for "E"
step of the base salary rate range of the Police Sergeant class.
"Eligible" as defined only for Section 6.7(A) means that a Police Sergeant shall be
considered for advancement from Step "D" or `B" to Senior Police Sergeant II upon
the completion of the required length of service as provided in Section 4.2 and
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Exhibit A of this Agreement; the effective date of such increase shall be on the first
day of the month following completion of such required length of service.
B. Completion (acquisition) of at least ninety (90) educational and/or training units; or
possession of an Associate of Arts academic degree from an accredited college with
an additional thirty (30) or more education or training units.
C. Approval of the Police Chief.
6.8 Senior Police Sergeant III. Any officer holding the rank of Police Sergeant in the Santa Ana
Police Department, regardless of duty assignment, who fulfills the requirements established
in this section shall be designated as a Senior Police Sergeant III and shall be paid at a rate
set thirty (30) salary rate ranges (approximately 15%) above his or her then current base
monthly salary step in the Police Sergeant class. The criteria for such designation shall be as
follows:
A. Completion of nine (9) years of municipal police experience and be eligible for "E"
step of the base salary rate range of the Police Sergeant class.
"Eligible" as defined only for Section 6.8(A) means that a Police Sergeant shall be
considered for advancement from Step "D" or "E" to Senior Police Sergeant ill upon
the completion of the required length of service as provided in Section 4.2 and
Exhibit A of this Agreement; the effective date of such increase shall be on the first
day of the month following completion of such required length of service.
B. Completion (acquisition) of at least one hundred twenty (120) educations /training
units; or possession of an Associate of Arts academic degree from an accredited
college with an additional sixty (60) or more educational/training units.
C. Approval of the Police Chief.
6.9 _Career Development Program - Non-Sworn. Effective the fast day of the first full month
following Council approval of this Agreement, an incumbent in one of the classes designated
as "non-sworn" covered by this Agreement shall earn an additional amount as follows:
A. Upon attainment of an Associate in Arts Degree and five (5) years' experience with
the City of Santa Ana, said employee will be paid at a rate set five (5) salary rate
ranges (approximately 2.5%) above his or her then current base monthly salary step.
B. Upon attainment of a Bachelor of Arts or Science Degree and with five (5) years'
experience with the City of Santa Ana, said employee will be paid at a rate set an
additional (5) salary rate ranges (approximately 2.5%) for a total of 10 salary rate
ranges (approximately 5%) above his or her then current base monthly salary step. If
said employee obtains a Bachelor's Degree without attaining an Associate in Arts
Degree, he or she will be paid at a rate set ten (10) salary rate ranges (approximately
5%) above his or her then current base monthly salary step.
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ARTICLE VII
7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM
7.1 Purpose.
A. To encourage the employees of the City of Santa Ana to take college courses and
special training courses which will better enable them to perform their present duties
and prepare them for increased responsibilities.
B. To provide financial assistance to eligible employees for education and training.
C. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
7.2 Eli ibili .
A. Applications for tuition reimbursement will be considered only from full-time,
permanent City employees who have completed probation.
B. Reimbursement is not authorized for courses for which the employee is receiving
financial assistance from other sources such as G.I. Bill, scholarships, etc.
C. Applications will be approved only for courses directly related to the employee's job
or directly related to a promotional position in the employee's occupational specialty.
D. Courses not ostensibly related to the employee's job, but which are required to qualify
for a degree that is directly related to his or her job may be reimbursable only after all
required occupationally related courses have been completed.
E. Prior to receiving tuition reimbursement, employees must submit documentary proof
of having received a grade of not less than "C" for the course. If objective ratings are
not rendered for a specific course, then a certificate of successful completion must be
submitted.
F. Approval will be limited to courses given by accredited colleges and universities, city
colleges or adult education courses under the sponsorship of the various Boards of
Education. Workshops, seminars, conferences and similar activities not identifiable
as a formal course of instruction within the curriculum of a recognized educational
institution, do not fall within the purview of this program but may be authorized and
funded by the interested department without coordination with the Personnel Services
Department,
G. When an employee is required by the Police Chief to attend a particular course or
seminar, the expense shall be bome entirely by the City.
H. For specifics regarding this Article, please refer to Santa Ana Police Department
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Training Bulletin 02-07 - Scheduling of Training Days and Travel Time
Compensation.
7.3 Reimbursement.
A. Reimbursement will be based on the cost of tuition or registration fees and all
required texts and related material for each course. Additional expenses such as
meals and parking fees are not reimbursable.
B. Costs for required texts are eligible for one hundred percent (1001/6) reimbursement
subject to the following conditions:
1. That a duplicate of the required text(s) was unavailable for loan from the
departmental libraries prior to the commencement of coursework;
2. That any textbook(s) purchased by the City shall be submitted to the
employee's respective departmental library in order that such text(s) may be
made available to all employees.
C. Tuition or registration costs of one hundred dollars ($100.00) or less are eligible for
one hundred percent (100%) reimbursement. Tuition costs in excess of one hundred
dollars ($100.00) are eligible for seventy-five percent (75%) reimbursement.
Maximum tuition reimbursement per semester is five hundred dollars ($500.00) with
a maximum of $1,500 a year. NOTE: Summer and winter sessions shall be counted
as separate "semesters" for purposes of the program.
D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of
two (2) collegiate level courses of not more than a total number of units which is
equivalent to six (6) "semester" units per semester. One (l) "quarter" unit shall equal
two-thirds (2/3) of one (1) "semester" unit.
7.4 Procedures.
A. An employee who desires to seek tuition reimbursement under the provisions of this
Article must complete an Application for Training and Educational Assistance form
and submit it to the Police Chief.
B. The Police Chief will recommend approval or disapproval and forward the
application to the Personnel Services Department. It is advisable that the applicant
accomplish the procedures so far described prior to the inception of the course or
disbursement of personal funds in order to ascertain the eligibility of the intended
course of instruction for reimbursement under the provisions of this policy.
C. Within three months after he/she has completed the course and received his/her final
grade, the employee must include official verification of his/her final grade with
appropriate receipts for tuition and textbook costs to the Personnel Services
Department. These will be returned to the employee upon request. Applications not
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submitted to the Personnel Services Department within three months following
completion of the course become void.
D. Upon receipt ofthe required documentation, the Personnel Services Department will
determine whether the completed course of instruction is compatible with the
provisions of Sections 2 and 3 of this Article. If found to be compatible, the
Personnel Services Department will compute the amount of reimbursement,
authenticate the application, and forward it to the Police Chief.
E. The Police Chief will then authorize the Finance and Management Services
Department to reimburse the employee the approved amount out of the budget of the
Police Department.
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ARTICLE VIII
8.0 OVERTIME
8.1 General Policy for Overtime Work. Whenever it shall be determined to be in the public
interest for employees to perform overtime work, or in an emergency situation, the City
Manager, the Police Chief, or an authorized representative of the City Manager or Police
Chief, may require an employee to perform overtime work.
8.2 Definition.
A. Standard Work Period Overtime. Overtime for those employees assigned to the
Standard Work Period shall be authorized or required time worked in excess ofthose
hours assigned to their particular Standard Work Period Schedule workday or hours
in excess of 40 hours per Work Period.
B. Alternative Work Period Overtime. Pursuant to this Agreement, employees assigned
to the Alternate Work Period shall earn overtime for authorized or required time
worked in excess of those hours assigned to their particular Alternative Work Period
Schedule workday or hours in excess of his or her Alternative Work Period Schedule
hours in a consecutive 28 day, 672 hour period.
8.3 Computation of a Workday and Work Period. Paid leave for holidays, sickness, vacation,
and other time off with pay shall be credited towards the total time worked in computing a
regular workday, and/or a work period, as defined herein. Work amounting to less than six
(6) minutes shall not be considered time worked. Overtime worked for six (6) or more
minutes shall be calculated in six (6) minute intervals. Leave without pay shall not be
credited towards the total time worked in computing a regular workday, and/or a work
period, as defined herein.
8.4 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one-half (11/2) times the employee's regular rate of pay.
B. Should the Police Chief determine that the best interests of the City will be served
thereby, he or his designee may permit an employee to be compensated for overtime
work by earning paid compensatory time off at the rate of one and one-half (1 1/2)
times the employee's regular rate of pay. The employee will be credited with time off
at the rate of one and one-half 1 1 /2) hours of time for each hour of overtime worked.
This time, hereinafter identified as "comp time" will be accrued in a comp time bank
for each employee, The hours in this bank shall reflect the converted time value of
each hour worked.
Effective January 1, 2010, employees are limited to the accumulation of 160
hours of comp time. Effective July 1, 2010, employees are limited to the
accumulation of 200 hours of comp time.
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2. For the period of July 1, 2010 to June 30, 2011, employees covered by this
Agreement agree to defer the cash out of any comp time. The cash out
option, as modified below, shall be reinstated effective July 1, 2011. The
designated periods for cash out shall be September 15 and ending September
30; December 15 and ending December 31; March 15 and ending March 31;
and June 15 and ending June 30.
a. For the period July 1, 2010 to June 30, 2011, employees paid out of
the General Fund of the City agree that compensation to them for
overtime earned by them shall be in the form of compensatory time
off (comp time) unless and until they have accumulated a maximum
of 200 hours of comp time. Any accumulation of compensatory time
in excess of 200 hours shall be paid in cash.
3. Beginning July 1, 2011, each affected employee who has accrued comp time
credits, may elect to convert up to twenty (20) hours of such accrued time
each calendar year quarter to the cash equivalent thereof, to a maximum of
eighty (80) hours per calendar year.
4. For the period December 1, 2011 and ending June 30, 2013, all employees
covered by this Agreement who work overtime hours shall have those hours
accrue as compensatory time off, not overtime pay. To ensure that overtime
pay is not paid by the City during this time period, effective December 1,
2011, for all safety employees in the unit, their compensatory time off accrual
bank is increased to 480 hours. For non-safety employees their compensatory
time off accrual bank is increased to 240 hours.
5. For the period December 1, 2011 and ending June 30, 2013, all employees
covered by this Agreement are encouraged to use their compensatory time off
so that the City will not be required to pay overtime pay, The raising of the
compensatory time accrual cap to 480 hours (safety) and 240 hours (non-
safety) is intended to ensure that virtually all overtime worked will be accrued
as compensatory time off and be used as such.
6. For the period December 1, 2011 and ending June 30, 2013, no employees
covered by this Agreement will be permitted to cash out any compensatory
time off except if leaving the employ of the City,
The deferral of the cash out option shall not affect an employee's ability to be
compensated for all accumulated comp time upon separation from
employment with the City.
C. Use of Como Time.
When an employee submits a request for time off using accrued
compensatory time, and that employee has found a qualified replacement, the
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time off request will be granted. A qualified replacement means that the
replacement officer or employee is able to fulfill the requirements of the
position to which the requesting officer is assigned.
a. Effective August 7, 2005, compensatory time off requests made for
consideration during the monthly scheduling meetings will be treated
as any other time off and granted only on the basis of seniority.
b. Pursuant to the new 3-12 Operating Rules, officers may trade work
days with other officers within the 28-day deployment period. Any
trades must be approved by the affected Lieutenants and the Field
Operations Bureau Commander.
2. When an employee submits a request to take time off using accrued
compensatory time and the officer deployment is above minimum staffing for
the day requested, then the request will be granted without further conditions.
However, if the number of officers scheduled to work on the day(s) of the
request is at or below minimum staffing as defined by the department, the
compensatory time off request will be granted only if a qualified replacement
has volunteered and committed to work the assignment left open by the
request for time off. The volunteer may exchange days off with the
requesting employee within the 28-day deployment period, whichever
applies, or may elect to receive overtime compensation.
a. For the period July 1, 2010 through June 30, 2011, requests under
this section will be granted only if the volunteer agrees to exchange
days off within the 28-day work period, and agrees that he or she will
not be subject to payment for overtime as a result of the exchange.
3. Requests for use of compensatory time off during holidays as defined by the
current MOU, must be submitted in time to be considered during the monthly
scheduling meeting held by bureau and division commanders for the
upcoming month, These requests will be considered by seniority and will be
granted only if officer deployment is above minimum staffing. The policy of
the department has been, and will continue to be, that compensatory time off
requested during a City-designated holiday will be treated as any other time
off request and will be granted in order of seniority as long as minimum
staffing levels are met. The replacement policy in 8AC4 below will not apply
to compensatory time off requests submitted for consideration during
monthly scheduling meetings.
4. Although it is always preferable for the officer to find a qualified replacement
when requesting the use of compensatory time off, if provided sufficient
notice of a request for time off, the department will work with employees to
find a qualified replacement. Sufficient notice and reasonable period will be
defined as follows:
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a. Seventy-two (72) hours notice for one (1) day or less of time off
requested.
b. Five (5) calendar days notice for more than one (1) workday up to one
(1) workweek.
C. Fourteen (14) calendar days notice for more than one (1) week
compensatory time off request.
5. If an employee has provided sufficient notice of a compensatory time off
request, the department will work with the employee to find a qualified
replacement in the following manner:
a. The watch commander will maintain a calendar of time off that has
been requested in accordance with the guidelines listed above.
Qualified employees will be allowed to volunteer to work these shifts.
In the future, the department may develop, at its own discretion, an
automated schedule that will contain this information,
b. If an employee volunteers and signs up to work for another employee
who has requested compensatory time off, that volunteering employee
will be held responsible for working that full shift without further
reminder. Employees who do not show up to work, or retract their
offer to replace another officer, may be subject to disciplinary action
and may not be permitted to volunteer to work in this manner in the
future.
6. The watch commander shall send out an e-mail message to all officers
requesting a volunteer to cover the shift by switching days off or working on
overtime.
7. When a compensatory time off request is made in a manner that does not
comply with this policy, and granting that request would unduly disrupt the
operations of the department, the department may deny that request.
8.5 Incremental Usage. Time off with pay to compensate for overtime worked may be taken in
increments as small as one-half (1/2) hour.
8.6 Excess Usage. If compensatory time off is used in excess of that available, such excess
compensatory time off will first be deducted from any available vacation benefits and finally,
deducted ftom the next scheduled wage or salary payment.
8.7 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee
benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance
benefits), toward the completion of probationary period or to progression within a salary rate
range.
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8.8 Overtime Work to be Anoortioned. To the extent that he is reasonably able to do so, the
Police Chief shall arrange work programs to minimize overtime work; necessary overtime
work shall be apportioned among employees of like classification and assignment.
8.9 Advance Compensation for Overtime. Time off with pay as compensation for overtime may
not be granted or taken in advance of the overtime work for which the time off compensates.
Before compensatory time off with pay may be taken, as herein provided, the overtime
worked must have been recorded on official payroll records at or about the time the overtime
work was performed. In the absence of such recording, no compensatory time off with pay
will be permitted.
8.10 Compensation for Overtime: Exclusions. Overtime pay or comp time shall be allowed an
employee for attendance at conventions, conferences, seminars or the like, as long as prior
authorization is received. Overtime pay or comp time pay shall be permitted only for
attendance which is ordered on such employee's normal days off or for time beyond a normal
workday's duration. Please refer to Santa Ana Police Department Training Bulletin 02-07
for details.
8.11 Call-Back-Duty.
A. Employees who are on call during their off-duty time due to their assignment (i.e.,
Homicide Investigators, Internal Affairs Sergeants, Crimes Against Persons
Sergeants, etc,) and are called back to work will be paid for their travel time at the
overtime rate from the time they leave their home until the time they return home, or
until their regularly scheduled shift begins. Only that period of time devoted to work
will be compensated.
B. Employees who are ordered back to work while off-duty because of an emergency or
other unforeseen event will be paid for travel time at the overtime rate from the time
they leave their home until they return home, or until their regularly scheduled shift
begins. Only that period of time devoted to work will be compensated.
C. Employees who are called at home and offered voluntary overtime work, and elect to
accept the offer, will not be compensated for travel time in any manner, Similarly,
employees who sign up for voluntary overtime, or who have advance notice that they
will have to work during their off-duty time on an overtime basis, will not be
compensated for travel time.
8.12 Accrued Overtime Paid Upon Promotions or Upon Separation. Upon an employee's
appointment to a position in which overtime may not be earned or upon an employee's
separation from employment with the City by resignation, retirement, layoffor otherwise, he
or she shall forthwith be compensated for any overtime accumulated to the time immediately
preceding such promotion or separation.
8.13 Court Appearance. Compensation for court appearance by personnel covered by this
Agreement shall be as follows:
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A. For each required court appearance made by an employee during his or her off-duty
time in regard to City business, employees shall be paid overtime for the period of
time from their arrival at court until they are released from court or the court session
closes for that day. However, in no case, shall an employee receive less than two (2)
hours overtime for a court appearance. If court appearances are made both in the
morning and afternoon of a particular day, two (2) hours overtime will be allowed for
each session attended. If the employee is not released and must remain available for
afternoon court, the employee shall be paid overtime for all hours the court is in
session that day.
The employee must provide a copy of the subpoena requiring his or her attendance to
initiate payroll procedures.
B, A subpoenaed employee scheduled to appear in court on City business during off-
duty time may be placed on stand-by status by the Police Chief or his authorized
representative if the employee can respond to the court, if called, within 60 minutes
of the employee's notification. In the event such off-duty employee is on stand-by
status during any court session and is not required to appear in court, such employees
shall be compensated two (2) hours on a straight time basis, for each court session.
Such employee may elect, in lieu of paid time, two (2) hours of comp time off for
standby time and not appearing in court, with the approval of the Police Chief, If
such off-duty employee on stand-by actually appears in court, he or she shall be
compensated as provided in Subsection A, supra.
C. Employees assigned to the 3/12.5 or 7/12.5 Work Schedule who appear in court
during their regularly scheduled workweek, and as a result do not receive adequate
rest, will be allowed to flex their scheduled shift start time up to four hours, with the
approval of the employee's immediate supervisor and watch commander, or
immediate supervisor and section commander. Alternatively, the employee may be
allowed to use up to four hours from his/her "Time Off Bank" or from compensatory
time off at the beginning of their scheduled shift to ensure adequate rest.
1. An employee whose work shift ends or starts within thirty minutes of a
mandatory court appearance shall be compensated for those thirty minutes at
an overtime rate.
D. Employees who are on call for court during off-duty time, and who are called to
testify, will be paid at the overtime rate of time and a half of their regular hourly rate,
to include actual travel time from their home to court and back, or until their
regularly scheduled shift begins. Travel time will be limited to a maximum of one
(1) hour each way. Only that period of time devoted to work will be compensated,
Time spent on personal pursuits or other non-work related activity will not be
compensated.
E. Those employees who have advance notice of their required appearance in court,
have arranged an appearance time with the District Attorney's Office, or who
otherwise have advance notice of mandatory court appearances, will not be
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compensated for travel time in any manner.
F, Employees who appear in court during off-duty hours may elect to start their normal
work shift early as specified herein.
G. A subpoenaed employee scheduled to appear in court on City business during off-
duty time and placed on standby status by the Police Chief or his authorized
representative will be compensated two (2) hours on a straight time basis if he or she
is not advised of the cancellation of his or her appearance within five (5) Court
business days of said appearance.
8.14 Creation of Association Comp Time Bank,
A. Any member of the Association who works overtime, or has accrued but unused
holidays, can designate that he or she will contribute the value of such time to a bank
for use by members of the Association for the purposes and subject to the restrictions
provided herein.
B. Any member of the Association may receive time off for the welfare of officers,
community service and any lawful activity of the Association with pay drawn from
the bank described in Subsection A of this Section, provided that said employee first
gains approval for said use by the executive board of the Association in the manner
specified by its rules as adopted from time to time, and subject to the approval or
disapproval of the Police Chief consistent with the operational needs of the Police
Department.
C. No withdrawal or use of such bank may be made by or on behalf of an employee
ordered to take time off without pay for discipline imposed by the Police Chiefor his
designee,
8.15 Declaration of State of Emergency. Emergencies shall be governed by the provisions of
Santa Ana Municipal Code Section 9-194.
8.16 Compensation of Voluntary Contract Overtime. Exclusive of other provisions of this Article,
except Section 8.7 (No Effect on Other Benefits) supra, Police Officers andPolice Sergeants
who voluntarily agree to perform contract security services at games, parades, dances and
similar public events shall be compensated at the rate of one and one-half (1 1/2) times the
employee's regular rate of pay,
The Police Chief shall determine how many off-duty police officers should serve as security
officers at each event. Police Officers and Sergeants represented by the Association shall be
given first opportunity to volunteer for said off-duty assignments. If, after a reasonable period
of time, an insufficient number of police officers have volunteered to work such assignments,
the Police Chief may offer the remaining "openings" to any person(s) he deems capable of
performing the work at whatever straight-time pay rate the City considers to be appropriate,
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ARTICLE IX
9.0 HOLIDAYS
9.1 Legal holidays observed by full-time permanent and probationary employees covered by this
Agreement are as follows:
• January 1 st -New Year's Day.
• Third (3rd) Monday in January - In observance of Martin Luther King Jr.'s
Birthday.
• Third (3rd) Monday in February - In observance of Presidents' Day.
• Last Monday in May - In commemoration of Memorial Day,
• July 4th - In observance of Independence Day.
• First (1st) Monday in September - In observance of Labor Day.
• November 11th - In observance of Veteran's Day.
• Fourth (4th) Thursday in November - In observance of Thanksgiving Day.
• The Friday immediately following Thanksgiving Day.
• December 25th - In observance of Christmas Day.
• Last working day before Christmas Day, unless Christmas falls on a
Thursday, in which instance, the day following Christmas Day shall be
observed in lieu thereof.
• One (1) Floating Holiday - Any workday selected by the employee with prior
permission of the employee's supervisor.
• Every day proclaimed by the Mayor of the City as a holiday for City employees
Any holiday which falls on a Sunday will be observed on the following Monday. Any
holiday which falls on a Saturday will be observed on the Friday preceding the Holiday.
9.2 Full-time, permanent and probationary employees covered bythis agreement shall be entitled
to receive 96 hours off during the calendar year in lieu of the twelve (12) holidays specified
in Section 9. 1, supra. Said hours, up to a maximum of 80 hours, may be carried over from
one calendar year to the next and shall be cashed out upon separation from employment, not
to exceed a maximum of 160 hours. An employee required to work on a City observed
"legal" holiday shall be paid at his or her straight time rate.
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However, if an employee who separated from the service of the City has taken time off for
holidays in advance of the date or day the holiday actually occurred, he or she must pay the
City the cash value for such used but unearned holiday time off benefits prior to or at the
time of separation.
9.3 Cash Option. Employees covered by this Agreement shall be given an option twice per
calendar year to receive cash compensation ("cash out") computed on a straight time basis in
exchange for eighty (80) hours of their annual holiday leave benefits set forth in Section 9.2
above. Specifically, employees may cash out up to 40 hours of holiday leave benefits in
April of each calendar year and an additional 40 hours of holiday leave benefits in November
of each calendar year. An employee that does not cash out holiday leave benefits in April
may cash out a maximum of 80 hours of holiday leave benefits in November.
The following terms and conditions apply to the Cash Option set forth above for the period
of time beginning July 1, 2009 and ending June 30, 2013. Effective July 1, 2013, the cash
out limits set forth in subparagraph "B" below shall no longer apply and the Cash Option
cash out limits shall be revised as set forth in 9.3C below.
A. The Cash Option is deferred for that period of time beginning July 1, 2009 and
ending June 30, 2010. The Cash Option, as modified below, is reinstated effective
July 1, 2010. The deferral of the Cash Option shall not affect an employee's ability
to be compensated for accumulated leave upon separation from employment with the
City, up to a maximum of 160 hours.
B. For that period of time beginning July 1, 2010, and ending June 30, 2013, employees
shall be given the option twice per calendar year to receive cash compensation ("cash
out") computed on a straight time basis in exchange for 106 hours of their annual
holiday leave benefits set forth in Section 9.2 above. Specifically, employees may
cash out up to 53 hours of holiday leave benefits in November, 2010; November,
2011; and November 2012; and an additional 53 hours of holiday leave benefits in
April, 2011; April, 2012; and April, 2013. An employee that does not cash out
holiday leave benefits in the November period may cash out a maximum of 106 hours
of holiday leave benefits in the April period.
C. For the period December 1, 2011 and ending June 30, 2013, all employees covered
by this Agreement shall defer, for the duration of Fiscal Years 2011-12 and 2012-13,
an employee's ability to cash out annual holiday leave benefits. The ability to cash
out annual holiday leave benefits shall be re-instated July 1, 2013. Specifically,
employees may cash out up to 67 hours of holiday leave benefits in November, 2013;
April, 2014; November, 2014; April, 2015; November, 2015; and April, 2016,
respectively. An employee that does not cash out holiday leave benefits in the
November period may cash out a maximum of 134 hours of holiday leave benefits in
the April period for each fiscal year. Such deferral shall not affect an employee's
ability to be compensated for all accumulated leave upon termination of employment
with the City.
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Such option may be eliminated or modified to the extent it is construed as overtime
under Department of Labor guidelines implementing provisions of the Fair Labor
Standards Act (FLSA).
9.4 A newly-appointed employee must actually work at least one day preceding the day a holiday
listed in Section 9. 1, supra, actually occurs in order to receive credit for such holiday. The
employee will then be credited with all remaining holidays in the year occurring after the
appointment.
An employee separating from the service of the City must actually work at least one day
following the day a holiday listed in Section 9. 1, supra, actually occurs in order to receive
credit for that holiday.
A newly-appointed employee must complete six (6) months of continuous, full-time service
in order to receive credit for the Floating Holiday listed in Section 9.1 above.
9.5 This "time off," as defined in Article X, Section 10.6, may be taken in increments as small as
one half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one
half (1/2) hour.
9.6 Effective July 1, 2009, a maximum of one (1) year of Holiday benefits may be carried over
from one calendar year to the next. An employee terminating employment with the City may
cash out accumulated, unused Holiday leave benefits, not to exceed a maximum of 160
hours.
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ARTICLE X
10.0 VACATION
10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide
them with a break in their regular work schedule, and this purpose will be used as a guide in
the administration of the provisions of this Article.
10.2 Regular Vacation Period,
A. Full time employees shall be granted regular vacation at the rate of 80 hours for each
ofhis or her first and second completed year of service, accrued on a monthly basis at
the rate of 6 2/3 hours for each completed month of service. Thereafter, all such
employees shall be granted regular vacation at the rate of 120 hours for each
completed year of service, accrued at the rate of 10 hours for each completed month
of service.
B. An employee who has completed less than one year's service during the calendar year
shall receive aproportionate fraction in accordance with the amount of service to his
or her credit during the year; provided, however, no employee shall be entitled to, or
receive payment for, any vacation until he or she has completed six (6) months of
continuous service.
C. On or after the first (1st) day of the month following completion of six (6) months of
continuous full-time service, an employee may be allowed to take all or a
proportionate fraction of his or her earned vacation, subject to scheduling approval of
the employee's supervisor.
D. Absence on sick leave for aperiod in excess of fifteen (15) consecutive calendar days
shall not be considered as service for vacation accrual purposes.
E. Computation of Regular Vacation.
1. In computing regular vacation, each municipal holiday that occurs during the
vacation, and that falls on a day which the employee would have worked had
he or she not been on vacation, shall be deducted from the computation so
that ten (10) additional hours of regular vacation shall be allowed to the
employee unless departmental practice provides some other manner of
compensating for municipal holidays. Should an employee be confined to a
hospital for sickness or injury while on authorized vacation, each full day of
such confinement, when confirmed by a physician's statement and approval
of the Police Chief, may be deducted from the computation of vacation
expended and charged against the employee's accumulated sick leave.
2. No employee may carry over from one calendar year to the next, more than
the equivalent of two (2) regular vacation periods from the previous two (2)
years, and vacation not taken beyond that amount is forfeited. A regular
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vacation period is defined as the maximum amount of vacation earned in a
calendar year as provided in Subsection A, supra.
3. No employee shall have a right to accumulate or split his or her vacation, but
the same may be allowed or required by the Police Chief.
10.3 Longevity Vacation.
A. Each permanent employee is granted additional hours of vacation leave with pay for
each computed year of full-time, continuous city service as set forth in the following
table. This additional vacation shall be designated longevity vacation.
Completed Hourly Equivalent
Years of Additional Days
6 4
8 12
9 16
10 20
11 24
12 28
13 32
14 36
15 40
16 48
17 56
18 64
19 72
20 80
B. No employee becomes eligible for longevity vacation until completion of the sixth
year of continuous service, and each employee continues to earn the maximum of 80
hours of longevity vacation for each completed year of service in excess of 20 years.
C. A period of earlier service does not apply toward longevity vacation accumulation
when an employee has had a break in continuous service, unless the break in service
is concluded by reappointment, as provided in Section 9-114 of the Santa Ana
Municipal Code or by reemployment from layoff within one (1) year.
D. Leave of absence without pay, as provided in Article Xl, Section lE (Sick Leave-
Extended) and Section 10.8 (Authorized Absence Without Pay - Long Tenn) 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 Santa Ana Municipal Code does not constitute a break in
service, and the period of absence on such military leave shall be applied toward the
accumulation of longevity vacation.
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E. Effective July 1, 2005, employees covered by this Agreement shall be given an
option once per calendar year, to receive cash compensation computed on a straight
time basis in lieu of up to a total of forty (40) hours of their longevity vacation leave
benefits set forth in Subsection A above.
F. Effective July 1, 2009, all employees covered by this Agreement shall defer for the
duration of Fiscal Years 2009-10 and 2010-11 an employee's ability to cash out
longevity vacation time. The ability to cash out longevity vacation time shall be re-
instated July 1, 2011. Such deferral shall not affect an employee's ability to be
compensated for all accumulated leave upon termination of employment with the
city.
G. For the period July 1, 2011 through June 30, 2014, employees covered by this
Agreement shall be given an option once per fiscal year, to receive cash
compensation computed on a straight time basis in lieu of up to a total of sixty-seven
(67) hours of their longevity vacation leave benefits set forth in subsection A above.
H. For the period December 1, 2011 and ending June 30, 2013, all employees covered
by this Agreement shall defer, for the duration of Fiscal Years 2011-12 and 2012-13
an employee's ability to cash out longevity vacation time. The ability to cash out
longevity vacation time shall be re-instated July 1, 2013. Specifically, employees may
cash out up to 76 hours of annual longevity vacation benefits during Fiscal Years
2013-14, 2014-15, and 2015-16, respectively. Such deferral shall not affect an
employee's ability to be compensated for all accumulated leave upon termination of
employment with the City.
Effective July 1, 2016, the yearly longevity cash-out provisions shall revert back to
that as set forth in section 10.3"E", above. Therefore, effective July 1, 2016,
employees covered by this Agreement shall be given an option once per calendar year
to receive cash compensation computed on a straight time basis in lieu ofup to a total
of forty (40) hours of their longevity vacation leave benefits.
Such option may be eliminated or modified at the discretion of the Department to the
extent it is construed as overtime under Department of Labor guidelines
implementing provisions of the Fair Labor Standards Act (FLSA).
10.4 Limitation on Vacation.
A. With the exception of a retiring employee, no employee is granted, and no employee
shall be allowed to take, any vacation leave with pay in excess of 400 hours in any
one year by any combination of the vacations granted in this Agreement. Further, no
employee may carry over from one calendar year to the next more than the equivalent
of one longevity vacation period and the equivalent of one regular vacation period
from the previous two (2) years, and vacation not taken beyond that amount is
forfeited. Therefore, the maximum vacation that an employee with less than six (6)
years service could accumulate is 240 hours and only an employee with more than 20
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years of service could carry over and take the authorized maximum of 400 hours in
any one year.
B. For the calendar year period of 2010 through 2013, an employee's maximum year-to-
year vacation carry over shall be increased by one (1) additional longevity vacation
period. Therefore, for the calendar period 2010 through 2013, an employee may
carry over from one calendar year to the next no more than the equivalent of three (3)
longevity vacation periods and the equivalent of one regular vacation period from the
previous two (2) years, and vacation not taken beyond that amount is forfeited.
C. Effective January 1, 2016, the maximum yearly vacation carryover shall revert back
to that as set forth in subsection "A", above, and any accumulated vacation in excess
of that maximum allowable carry over not used prior to January 1, 2017, shall be
forfeited.
D. Notwithstanding the foregoing, for any affected employee who is in jeopardy of
losing vacation because of department staffing needs, the Police Chief may provide
for a 30-day extension beyond the normal cut off date so that such employee will not
lose vacation time.
10.5 Excess Usage. If vacation time off is used in excess of that available, such excess vacation
time off will be, first, deducted from any available compensatory time off accrual; finally,
deducted from the next scheduled wage or salary payment.
10.6 Time Off Banks. Employee Time Off Banks exist for each employee in the unit. Time off
will be computed on an annual basis, Separate banks will be maintained for vacation,
holidays, and compensatory time, respectively, based on existing policies applicable to each.
Time off from each bank may be taken in increments as small as one half (1/2) hour, with
fractional usage rounded upward to the next higher multiple of one half (1/2) hour.
Each affected employee shall be afforded the opportunity to submit time off selection(s) and
the Police Chief or his designee shall make every reasonable effort to accommodate the
employee's preference(s). The time at which an employee shall take his or her leave time
shall be determined by the Police Chief, with due regard for the wishes of the employee and
particular regard for the needs of the service.
NOTE: All other policies and procedures described in Article VIII, "Overtime", Article IX,
"Holidays", and Article X, "Vacation" will apply to the Time Off Banks. However, no
employee will be allowed to carry a negative balance in any Time Off Bank.
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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 non-industrial illness or injury that
prevents the employee from performing the duties of his or her position and shall be
deemed to include time in quarantine resulting from non-duty related exposure to a
contagious disease.
B. Accrual. Each employee shall be entitled to, and shall earn, eight (8) hours of sick
leave for each full calendar month of service in which he or she is employed by the
City with full pay; provided, however, any absence on sick leave for a period of time
greater than fifteen (15) consecutive calendar days in any one (1) calendar month
shall not be considered to be service entitling an employee to earn sick leave as
aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the
credit of each employee to the extent that it is not used. Notwithstanding the
foregoing, employees on leave of absence for service-connected illness or injury who
are covered by the provisions of Labor Code Section 4850, shall continue to
accumulate eight (8) hours of sick leave for each full calendar month of service for
which he or she is employed by the City with full pay during said absence for service-
connected illness or injury.
C. Authorized Only When Necessary. Use of sick leave by City employees shall be
authorized as follows:
Sick leave is not a right which an employee may use at his or her discretion,
but shall be allowed only in cases of necessity and actual sickness or
disability, or as authorized in Subsection J below.
2. With respect to "miscellaneous-member" employees covered by this
Agreement, when such an employee's absence is caused by an industrial
illness or injury, for which benefits are required to be provided under the
State Workers' Compensation Insurance and Safety Act, the City shall pay
100% of salary for the first three (3) days of such absence and sick leave shall
not be debited.
D. Limit. The maximum total accumulation of sick leave with pay shall be 1600 hours.
Sick leave usage of less than a full day shall be charged in minimum increments of
one-half (1/2) hour, with fractional usage rounded upward to the next higher multiple
of one-half (1/2).
E. Extended. The City Manager may grant leave up to six months without pay to an
employee who has exhausted all of his or her accrued sick leave if the City physician
or a licensed physician designated by the City Manager indicates that the employee
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will be sufficiently recovered to return to his or her employment within a six (6)
months period. Prior to the expiration of the additional time, the employee may return
to his or her position provided that he or she has a certificate from one of the above
mentioned physicians stating that the employee is able to perform all the duties of his
or her position without qualification. In addition to the above, the City Manager may
grant a further extension not to exceed a total of one (1) year without pay.
F. Extension by Use of Vacation. After an employee's sick leave has been exhausted, he
or she may be granted permission to take any earned vacation he or she may have
accrued.
G. Notice. The employee taking sick leave shall notify his or her immediate supervisor
not less than one (1) hour prior to the time he or she is scheduled to report for duty.
When the absence is more than three (3) consecutive working days, the employee
must present to the Police Chief a physician's certificate stating that, in the
physician's opinion, the employee could not report to work because of illness or
injury and that the employee is sufficiently recovered to safely return to work. Such
certificate shall be transmitted to the chief personnel officer with the report of the
return of the employee to work.
A physician's certificate or other satisfactory written evidence of actual illness or
injury may be required after an absence of any duration of less than three (3) days.
H. Denial. No employee shall be entitled to sick leave with pay while absent from duty
because of sickness or injury purposely self-inflicted or caused by willful
misconduct; or sickness or disability sustained while engaged in employment other
than employment by the City, for monetary gain or other compensation, or by reason
of engaging in business or activity for monetary gain or other compensation.
1. Excess Usage. If sick leave is used in excess of that due and available to an
employee, such excess sick leave, will first be deducted from any available
compensatory time off benefit; second, from any available vacation leave benefit;
third, from any available holiday leave benefits; and finally, deducted from the next
scheduled wage or salary payment.
Personal 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; and "parent" means a biological, foster, adoptive
parent, a stepparent, or a legal guardian.
Up to three (3) days of this personal necessity leave may be used: (a) to attend to a
serious accident to members of the employee's immediate family; (b) childbirth; (c)
to cope with imminent danger to the employee's home or other valuable property; or
(d) when the existence of external circumstances beyond the employee's control
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make it impractical for him or her to report for duty. For the purposes of this section
only, a "day" shall be defined as the number of hours of work that an employee is
required to work according to his or her specific workday schedule.
K. Payment for Unused Sick Leave.
Definition. All employees, except for those involved in disciplinary termination,
shall be entitled to payment under the following provisions:
1. After ten (10) years of cumulative full-time service with the City, each
qualified employee shall be entitled to payment for one-third (1/3) of the total
sick leave benefit credited to his or her account upon the effective date of
such termination, not to exceed a maximum limit of 427 hours, at the rate of
pay in effect on the date of such termination,
a. At his or her option, an employee may convert the above lump sum
payment option into health insurance or long term care insurance
premiums to the extent necessary to provide the employee and his or
her designated eligible dependents, if any, with benefits under the
health insurance program maintained by the Association. The City's
obligation to pay such premiums shall be terminated when the sum of
premiums paid equals one-hundred fifty percent (150%) of the
amount of the lump sum payment that the employee would have
received for unused sick leave benefits had this option not been
elected, not to exceed a maximum of 640 hours.
2, After 15 years of cumulative full-time service with the City, each qualified
employee shall be entitled to credit for two-thirds (2/3) of the total sick leave
benefit credited to his or her account upon the effective date of such
termination, not to exceed a maximum limit of 1,066 hours, calculated at the
rate of pay in effect on the date of such termination. This credit shall be
applied toward monthly health insurance premiums or toward long-term care
insurance premiums, beginning on the effective date of termination. The
City's obligation to pay such premiums to the Association on behalf of the
employee shall be terminated when the total credit as described above has
been exhausted.
3. After 20 years of cumulative full-time service with the City, each qualified
employee shall be entitled to one of two options: (a) payment for 1/3 of the
total sick leave benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of 533 hours, at the rate
of pay in effect on the date of such termination, or (b) credit for 2/3 of the
total sick leave benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of 1,066 hours, as
defined in "2" above.
4. After 25 years of cumulative full-time service with the City, each qualified
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employee shall be entitled to one of two options: (a) payment for 2/3 of the
total sick leave benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of 1,066 hours, at the
rate of pay in effect on the date of such termination, or (b) credit for 2/3 ofthe
total sick leave benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of 1,066 hours, as
defined in "2" above,
5. At the employee's election, payment for unused sick leave in the above
provisions may be received in either a lump sum of money, or in equal
monthly payments for a period of up to five (5) years.
6. A lump sum payment shall be made to the beneficiaries of any eligible
employee whose death occurs while such employee is an active employee of
the City, such payment to be in the amount of 1/3 of the total sick leave
benefit credited to the employee's account at the time of his or her death, and
at the rate of pay effective on the date of death.
7. Upon the death of any retired employee receiving a benefit under this
provision said benefit will continue to be provided on behalf of said retired
employee to his or her beneficiary.
11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of
pay in case of death of a member of the employee's immediate family. For purposes of this
Section only, a "day" shall be defined as the number of hours of work that an employee is
required to work according to his/her specific workday schedule. Such leave is designated as
bereavement leave. "Immediate family" as used in this section is limited to:
A. Any relative by blood or marriage who is a member of the employee's household;
B. A parent, parent-in-law, spouse, child, brother, sister, grandparent or grandchild of
the employee, regardless of residence;
C. Any other relative of the employee by blood or marriage where it can be established
by the employee that as a result of such relative's death, the employee's presence is
required.
11.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave if
he or she furnishes the Chief Personnel Officer satisfactory proof ofhis or her orders
to report for duty. Upon return and upon showing proof of actual service pursuant to
such orders, he or she will be reinstated as provided in Section 9-143 of the Santa
Ana Municipal Code.
B. 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
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Military and Veterans Code and Section 9-144 of the Santa Ana Municipal Code,
will be granted leave with pay not to exceed thirty (30) working days in each calendar
year after one year's service with the City upon presenting satisfactory proof of orders
to and from such temporary active duties,
11.4 Jury and Witness Leave. When an on-duty employee is called to serve as a juror or a non-
party witness in any court action he or she shall be allowed leave for the time actually
required for such service, without loss of pay. Each on-duty employee called for such service
shall present to the Police Chief for examination the subpoena calling him or her to such
service and shall pay into the City Treasury the fees collected for such service, with the
exception of reimbursement for transportation expenses, if any. Refer to Departmental Order
396 - Jury Duty for specifics.
11.5 Examination Leave. Employees participating in examinations conducted during their normal
working hours for positions in the competitive service of the City of Santa Ana will be
granted leave with pay for the time actually required, without loss of any accrued vacation or
compensatory time off benefits.
11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be
considered cause for dismissal. Absence from duty without leave for five (5) consecutive
working days shall be deemed a resignation from the service; provided, however, if upon
return to duty the person so absenting himself makes an explanation satisfactory to the Police
Chief of the cause of his absence, the Police Chief may restore him to his position, with the
City Manager's approval.
11.7 Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive
working days, may be authorized by the Police Chief. Absence without pay not to exceed
fifteen (15) calendar days may be authorized by the department with the approval of the City
Manager. Such absences may be authorized only if in the judgment of the Police Chief they
serve the best interest of the City.
11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an
employee having permanent status plus action by the Police Chief recommending approval of
the request, the City Manager may grant a leave of absence for up to six (6) months.
An employee returning to duty with the City shall inform the Police Chief and chief
personnel officer of his or her intention at least thirty (30) calendar days prior to the
expiration of the six (6) months period or shorter period if the full six (6) months is not
taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the
employee to his or her former position.
11.9 Administrative Leave. The City Manager is authorized to grant, at his discretion,
administrative leave with or without pay for permanent employees if, in his opinion, such a
leave is in the interests of the City.
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11.10 Industrial Leave.
A. Each "safety member" employee covered by the provisions of Labor Code Section
4850 who is compelled to be absent from duty because of anillness or injury covered
by the State of California Workers' Compensation Insurance and Safety Act shall, in
lieu of temporary disability compensation payable under the aforementioned Act,
continue to be paid his or her normal salary and accrue other benefits in accordance
with the provisions of Labor Code Section 4850.
B. Any period of time during which an employee is required to be absent from his or her
position by reason of an industrial injury or industrial illness for which he or she is
entitled to receive compensation shall not be considered a break in continuous service
for the purpose of his or her right to salary adjustment or to the accrual of vacation
and seniority.
11.11 Catastrophic Leave Donation, In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of a catastrophic, non-industrial medical
condition or injury, the City and Association agree to implement a Catastrophic Leave
Donation Program.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
1. 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 Police Chief or his
designee as provided herein below.
3. Donations shall be for a minimum of two (2) hours and a maximum of eight
(8) hours per donor. All donations must be made in two-hour increments,
except in lieu holidays must be for eight (8) hours.
4. Any authorization of donations not made in accordance with the procedures
outlined in Section C, subparagraph 2 below, will not be processed.
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave and may be used pursuant to Article XI, Sections
11.1A through 11.1K above.
B. Eli ig bility. Full-time employees shall be eligible for catastrophic leave donations if
the following criteria are met:
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1. When it is reasonably foreseeable that all accrued time on the books, such as
sick leave, compensatory time, vacation, and in lieu holidays, will be
exhausted and the employee's illness will continue past the time when the
employee will be on paid status.
2. The Police Chief or his designee has approved a written request for donations
accompanied by a medical statement from the employee's attending
physician. The attending physician's statement must verify the employee's
need for an extended medical leave and an estimate of the time the employee
will be unable to work.
C. Procedure.
1. Upon receipt of a valid request for donations from an eligible employee, the
Police Chief or his designee shall post a notice of the eligible employee's
need for donations on bulletin boards accessible to employees. No
confidential medical information shall be included in the posted notice.
2. Employees wishing to donate time to an eligible employee must sign his or
her authorization of the transfer of such donated time and provide:
a. His or her name, department name, and employee number;
b. The number of hours of compensatory or vacation time of the
donation within the limitations of Section A, subparagraph 3 above;
C. The name, department, and employee number of the recipient;
d. A statement indicating that the donor understands such donation of
time is irrevocable.
At the close ofthe two-week donation period, the department shall verify that
each donating employee has accrued vacation and/or comp time balances
sufficient to cover the designated donation.
4. The department shall submit all approved donation authorizations for an
eligible employee at one time for processing. No donation authorizations for
the eligible employee will be processed after this period. However,
employees who receive donations under this procedure and who exhaust all
donated hours may request an additional donation period subject to the
provisions of Section A, herein.
5. The City shall add the donated time to the recipient's sick leave account.
D. Upon the death of any active employee receiving a benefit under this provision, the
City agrees to pay any unused Catastrophic Leave Donations remaining on the books
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to the surviving beneficiary.
E. For those current employees with unused catastrophic leave on the books, the City
agrees to convert said unused catastrophic leave to sick leave for use in accordance
with the provisions of Article XI, Sections 11.1A through 11.1K above.
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ARTICLE XII
12.0 EMPLOYEE INSURANCE
12.1 During the term of this Agreement the City will contribute toward the payment ofpremiums
for health, dental and long-term disability insurance plans administered by the Association
for the benefit of the employees represented by the Association as follows:
A. Medical Insurance. During the term of this Agreement, the City will contribute the
following amounts to the Santa Ana Police Officers Association Medical Insurance
Trust Fund for each affected employee enrolled in medical insurance plans provided
by the Association for its bargaining unit members and their eligible dependents:
Effective 1-1-07: $767/month per employee (represents an 8% increase).
Effective January 1, 2008, January 1, 2009, and January 1, 2010, respectively, the
City shall contribute toward medical premiums an amount equal to the percentage
increase associated with the Kaiser California CalPERS HMO plan. Any
contributions necessary to maintain benefits under said medical plans in excess of the
amounts referenced shall be bome entirely by the Association and/or the enrollees.
Effective January 1, 2011, January, 12012 and January 1, 2013, respectively, the City
shall contribute toward medical premiums an amount equal to the percentage increase
associated with the Kaiser California CalPERS HMO plan. Any contributions
necessary to maintain benefits under said medical plans in excess of the amounts
referenced shall be borne entirely by the Association and/or the enrollees.
B. Dental Insurance. During the term of this Agreement, the City will contribute the
following amounts to the Santa Ana Police Officers Association Medical Insurance
Trust Fund for each affected employee enrolled in dental insurance plans provided by
the Association for its bargaining unit members and their eligible dependents:
Effective 1-1-06 thm 12-31-09: $80/mo per employee.
Effective 1-1-10: $90/mo per employee.
Any contributions necessary to maintain benefits under said dental plans in excess of
these amounts per month shall be borne entirely by the Association and/or the
enrollees.
C. Lou-Term. Disability (L.T.D.) Insurance. The City shall continue to contribute to the
Santa Ana Police Officer Medical Insurance Trust Fund an amount toward the
payment of premiums for each employee who is enrolled in the long-term disability
insurance plan provided by the Association for employees covered by this Agreement
in accordance with the following schedule:
With respect to sworn, "safety-member" police personnel, up to a maximum
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of sixty-eight dollars ($68.00) per month per enrollee.
2. With respect to non-sworn, "miscellaneous-member" personnel, up to a
maximum of sixty-four dollars ($64.00) per month per enrollee,
Any contribution necessary to maintain benefits under such long-term
disability insurance plan provided by the Association for covered employees
in excess of the amounts set forth as above shall be borne by the Association
and/or the enrollees.
D. Life Insurance. The City shall maintain in effect for the term of this Agreement its
existing life insurance plan for employees covered by this Agreement on the same
basis as said plan was offered to employees as of December 31, 1988 except the term
life insurance coverage for each affected employee will be in the amount of twenty
thousand dollars ($20,000), plus twentythousand dollars ($20,000) accidental death
and dismemberment (AD + D) coverage, at no cost to the employee.
12.2 Retiree Health Insurance Plan. Members retiring on or after July 1, 1997, will be provided
health insurance premium reduction assistance.
All bargaining unit employees and the Association shall hold the City harmless, defend and
indemnify the City for any claims regarding the administration of, or the payment of, claims
under any Association designed retiree health insurance benefit plan.
12.3 Employees on unpaid leave of more than fifteen (15) calendar days shall not receive the
City's contribution toward any insurance coverage. The Police Department will notify the
Association of all employees on unpaid leave or who separate from City employment within
three (3) working days. The City will continue the payment of contribution for insurance
coverage until the end of the month in which the Association had received notice from the
City of the employee's separation from employment.
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ARTICLE XIII
13.0 RETIREMENT
13.1 General. The City shall continue to make contributions to the California Public Employees'
Retirement System (CaIPERS) in accordance with its contract with Ca1PERS for employees
covered by said contract as amended.
13.2 Deferred Retirement. The City shall continue to make payment to CalPERS on behalf of each
employee covered by this Agreement in accordance with the following schedule:
A. With respect to "safety-member" employees, the City shall pay an amount equal to
nine-ninths (9/9ths) of his or her individual employee retirement contribution.
B. With respect to "miscellaneous-member" employees covered by this Agreement, the
City shall pay an amount equal to eight-eighths (8/8ths) of his or her individual
employee retirement contribution.
Such payments shall be credited to the individual employee's Ca1PERS account.
Such payments are not increases in base salary and no salary rate range applicable to
any of the employees covered by this Agreement shall be changed or deemed to have
been changed by reason thereof. As a result, the City will not treat these payments as
ordinary income and thus, will not withhold federal or state income tax from said
payments. The City has received an opinion or ruling from the Internal Revenue
Service confirming that these payments are deferred compensation, not ordinary
income.
In the event that the City receives a subsequent ruling from the internal Revenue
Service that such payments are ordinary income ofthe employees instead ofdeferred
compensation, the City s obligation to make such payments shall discontinue and in
place thereof the base salary of each affected employee shall forthwith be increased
by eighteen (18) salary rate ranges (9.0%) for "safety-member" and sixteen (16)
salary rate ranges (8.0%) for all "miscellaneous-member" employees covered by this
Agreement.
For the purpose of reporting an employee's compensation to CaIPERS, the City shall
include these payments as if they were a part of the employee's base salary.
13.3 Ca1PERS Fourth Level of 1959 Survivors Benefits. Effective November 7, 2002, the City
will provide CaIPERS fourth level of 1959 Survivors Benefit to all eligible employees in the
unit.
13.4 CalPERS Pre-Retirement Optional Settlement 2 Death Benefit. Effective July 5, 2000, the
City shall provide the CaIPERS Pre-Retirement Optional Settlement 2 Death Benefit to all
employees covered by this Agreement.
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13.5 3% at 50 Service Retirement Benefit for Safety Members. The City agrees to amend its
contract with CalPERS to provide Safety employees represented by this bargaining unit with
the 3% at 50 Service Retirement benefit effective July 1, 2001.
Payment of 3% at 50 Service Retirement Benefit. The actual cost for the benefit shall be
determined upon receipt of the annual actuarial valuation setting forth employer rates for the
2001-02 fiscal year and every subsequent year thereafter.
Commencing July 1, 2011, all safety members in the Association shall contribute an
additional one percent (1%) of payroll to CalPERS for the cost of the service retirement
benefit, for a total contribution of 2.42%. This 2.42% is paid pursuant to Government Code
Section 20516(f).
Commencing December 1, 2011, all employees covered by this Agreement shall pay an
additional 2% of their salary to pay for employer portion of the City's PERS contribution.
This contribution shall be paid in accordance with Government Code section 20516(t). With
this additional 2% for cost sharing, for the period of December 1, 2011 through June 30,
2012, safety employees in the unit shall pay a total of 4.42% of their salary to pay for
employer portion of the City's PERS contribution in accordance with Government Code
section 20516(1). During this same period, non-safety employees, who, prior to December 1,
2011, in accordance with Section 13.7 of the parties' MOU, paid 6.3% of their salary to pay
for the employer portion of the City's PERS contribution, will pay 8.3% of their salary to pay
for the employer portion of the City's PERS contribution.
Commencing on July 1, 2012 all safety employees covered by this Agreement shall pay an
additional 3.5% of their salary to pay for employer portion of the City's PERS contribution.
This contribution shall be paid in accordance with Government Code section 20516(f). With
this additional 3.5% for cost sharing, effective July 1, 2012, safety employees in the unit shall
pay a total of 7.92% of their salary to pay for employer portion of the City's PERS
contribution in accordance with Government Code section 20516(f).
13.6 Military Service Credit as Public Service. Effective January 2, 2001, Safety employees, and
April 5, 2002, Miscellaneous employees, respectively, may elect to purchase up to four (4)
years of service credit for any continuous active military or merchant marine service prior to
employment. The employee must contribute an amount equal to the contribution for current
and prior service that the employee and the employer would have made with respect to that
period of service. The City agrees that, as soon as practicable following Council approval of
this Agreement, and amendment to the Ca1PERS contract, employees who elect to purchase
service credit may do so on a "pre-tax" basis.
13.7 2.7% at 55 Service Retirement Benefit for Miscellaneous Members. The City agrees to
amend its retirement contract with CalPERS to provide Miscellaneous employees covered by
this Agreement with the 2.7% at 55 Service Retirement benefit to be effective January 1,
2009. Pursuant to CalPERS regulations, this new formula will applyto employees that are in
active status on the date this amendment takes effect. This new formula will apply to each
year of eligible service credited with the City of Santa Ana.
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Payment of New 2.7% at 55 Service Retirement Benefit, Miscellaneous employees covered
by this Agreement agree to pay 6.3% of CalPERS reportable compensation toward the cost of
the 2.7% at 55 enhanced retirement formula in the following manner;
A. Effective July 1, 2007, the City shall deduct from each employee covered by
this Agreement two percent (2%) of CalPERS reportable compensation to
pay toward the cost of the new enhanced retirement formula.
B. Effective July 1, 2008, the City shall deduct from each employee covered by
this Agreement an additional two percent (21/o) of CalPERS reportable
compensation (4% total) to pay toward the cost of the new enhanced
retirement formula.
C. Effective July 1, 2009, the City shall deduct from each employee covered by
this Agreement an additional two point three percent (2.3%) of CalPERS
reportable compensation (6.3% total) to pay toward the cost of the new
enhanced retirement formula.
D. Commencing December 1, 2011, all employees covered by this Agreement
shall pay an additional 2% of their salary to pay for the employer portion of
the City's PERS contribution. This contribution shall be paid in accordance
with Government Code section 20516(f). With this additional 2% for cost
sharing, for the period of December 1, 2011 through June 30, 2012, non-
safety employees, who, prior to December 1, 2011, in accordance with
Section 133C of the parties' MOU, paid 6.3% of their salary to pay for the
employer portion of the City's PERS contribution, will pay 8.3% of their
salary to pay for the employer portion of the City's PERS contribution.
E. Commencing on July 1, 2012, all non-safety employees covered by this
Agreement shall pay an additional 3.5% of their salary, who, prior to July 1,
2012, in accordance with Section 133D of the parties' MOU, paid 8.3% of
their salary to pay for the employer portion of the City's PERS contribution,
will pay 11,8% of their salary to pay for the employer portion of the City's
PERS contribution in accordance with Government Code section 20516(f),
Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.8 Credit for Unused Sick Leave. Effective January 1, 2002, a non-sworn employee covered by
this Agreement can have unused accumulated sick leave at the time of retirement converted
to additional service credit, pursuant to regulations prescribed by PERS. The City must
report only those hours of unused sick leave that were accrued by the employee during the
normal course of employment. This section applies to members whose effective date of
retirement is within four (4) months of separation from employment. Effective July 1, 2007,
the provisions of this section will also apply to sworn employees covered by this Agreement.
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ARTICLE XIV
14.0 RELEASE TIME FOR ASSOCIATION REPRESENTATIVE
During the term of this Agreement, the City agrees to grant full-time release from duty for one (1)
Association representative for the conduct of Association affairs subject to the following:
14.1 The Association shall reimburse the City for one hundred percent (100%) of salary (including
any salary additives, such as career incentive pay) and benefit costs. Such reimbursement
may be from the bank established pursuant to Section 8.15 of Article VIII of this Agreement.
14.2 The Association shall provide an insurance policy or policies, or certificate of such
insurance, naming the City of Santa Ana, its officers, employees and agents as insured or
additional insured, which provides coverage against liability for any and all claims and/or
suits for damages or injuries to persons or property resulting from or arising out of any act or
omission of said Association representative. Said policy or policies of insurance shall provide
coverage for both bodily injury and property damage in not less than the following minimum
amounts: One million dollars ($1,000,000.00) combined single limit or its equivalent. Said
policy or policies shall also contain a provision that no termination, cancellation or change of
coverage of insured or additional insured shall be effective until thirty (30) days notice
thereof has been given in writing to the City of Santa Ana.
14.3 The Association shall provide the City of Santa Ana with an insurance certificate from a
workers' compensation insurance carrier certifying that it carries primary workers'
compensation insurance on behalf of said Association representative and the policy shall not
be cancelled nor the coverage reduced except upon ten (10) days' prior notice to the City of
Santa Ana.
14.4 The Association shall indemnify and save harmless the City of Santa Ana, its officers and
employees, from and against any and all damage to property or injuries to or death of any
person or persons, including property and employees or agents of the City of Santa Ana, and
shall defend, indemnify and save harmless the City of Santa Ana, its officers and employees,
from any and all claims, demands, suits, actions or proceedings of any kind or nature,
including, but not by way of limitation, workers' compensation claims, resulting from or
arising out of the negligent acts, errors, or omissions, or arising out of the intentional or
malicious acts of Association's representative.
14.5 The Association and the City of Santa Ana agree that the Association's representative will
not be required to carry out any peace officer's duties during such time that the Association's
representative is on such full-time release from duty. The Association's representative will be
required to comply with the Rules and Regulations of the Santa Ana Police Department as
they apply to off-duty employees, except such representative will not be required to report for
duty for any purpose.
14.6 Upon return to duty from such full-time release, the Association's representative shall be
restored to the same position without loss of any benefits as he or she would have occupied
or accrued if there had been no disruption in duty status.
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The Association agrees that since the Association representative does not report for duty or
account to the City for his or her sick leave or vacation time, that vacation and sick leave
accruals shall be treated as follows:
A. The Association representative shall accrue eight (8) hours of sick leave each month
until the accrued sick leave total reaches a maximum of 1600 hours.
B. Vacation shall be accrued consistent with existing POA MOU provisions. The
Association representative may not carry over from one (1) calendar year to the next
more than the equivalent of one (1) longevity vacation period and the equivalent of
one (1) regular vacation period from the previous two (2) years. Regular vacation in
excess of that accrued during the previous two (2) year period will be forfeited.
C. The Association representative may not donate his/her accrued vacation or holiday
time.
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ARTICLE XV
15.0 SAFETY
15.1 The City and the employees of the City agree to comply with all applicable federal, state and
local laws, and City of Santa Ana regulations, which relate to health and safety.
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ARTICLE XVI
16,0 RESIDENCY
16.1 To the extent possible, the City shall perform any and all acts necessary to remove limitations
upon where employees reside who are covered by this Agreement.
At the discretion of the Police Chief, selected special duty assignments may be designated as
rapid response assignments. In those instances, the Police Chief may apply specific
residency requirements upon members assigned to those positions.
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ARTICLE XVII
17.0 DISCIPLINE
17.1 Any permanent employee covered by this Agreement may only be disciplined in accordance
with the standards and procedures and subject to all rights of appeal set forth in Santa Ana
Municipal Code Sections 9-9, 9-10, 9-118.1, et seq. Any probationary employee covered by
this Agreement may be disciplined in accordance with the standards and procedures set forth
in Santa Ana Municipal Code Sections 9-90, 9-91, 9-118, and subject to review in
accordance with the grievance review procedure contained in this Agreement.
17.2 In addition, a new section shall be added to the Municipal Code to provide as follows:
A. In the event an employee is ordered to absent himself from the job based on probable
cause and it is subsequently determined by the Police Chief, the City Manager,
Personnel Board or a court of competent jurisdiction, that cause did not exist for the
ordered absence, the employee shall have restored to him any paid leaves of absence
against which such absence may have been charged, and he shall be granted a
retroactive leave of absence with pay for the time during which he was prohibited
from performing the duties of his position, less any compensation paid to him by the
City during such ordered absence unless such employee waives his/her rights to
retroactive pay.
B, In the event an employee is reduced, suspended and/or discharged, and upon appeal
the City Manager, Personnel Board or a court of competent jurisdiction does not
sustain such reduction, suspension, and/or discharge, the employee shall be entitled
to his base rate or salary including all additives, vacation, and sick leave as if such
unsustained reduction, suspension, or discharge had not been invoked. However, in
no event shall an employee be entitled to any salary or credit for vacation and sick
leave for any period of time covered by a suspension sustained on appeal or for any
period of time waived by the employee as a condition to the granting of a continuance
of any hearing on appeal.
C. If, during an absence for which an employee is paid pursuant to this Section, he
earned any money which he would not have earned had he continued to perform the
duties of his position, such sum shall be deducted from the salary otherwise payable
to him pursuant to this Section.
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ARTICLE XVIII
18.0 GRIEVANCE REVIEW PROCEDURE
18.1 Definition of Grievance. A grievance shall be defined as a timely complaint by an employee
or group of employees or the Association concerning the interpretation or application of
specific provisions of this Agreement, or of the rules and regulations governing personnel
practices or working conditions of the City; except, however, those matters specifically
assigned to thejurisdiction of the City Personnel Board by provision of the City Charter and
the Civil Service Rules and Regulations.
No employee shall suffer any reprisal because of filing or processing of a grievance or
participating in the Grievance Review Procedure.
18.2 Informal Process.
A. An employee must first attempt to resolve the grievance on an informal basis through
discussion with his or her immediate supervisor without undue delay, but in no case,
beyond aperiod often (10) calendar days after the occurrence ofthe alleged incident
giving rise to the grievance, or when the grievant knew or should have reasonably
become aware of the facts giving rise to the grievance.
If the employee's grievance is directed against the actions of his or her immediate
supervisor, the employee may initiate his or her grievance with his or her Division
Commander. In such cases, the employee shall file his or her grievance directly with
the Division Commander within ten (10) calendar days of the event. Response time
lines will continue as designated for Division Commander and above. If the
grievance is directed toward the Division Commander, the employee may file directly
with the Bureau Commander.
B. The Supervisor will respond to the grievance within seven (7) calendar days of
receiving the grievance,
C. If the grievance is not resolved at the immediate supervisor level, the employee,
within ten (10) calendar days of the supervisor's response, will attempt to resolve the
grievance on an informal basis through discussion with his or her Division
Commander. The Division Commander will respond to the grievance within seven
(7) calendar days of receiving the employee grievance.
D. Every effort shall be made to find an acceptable solution to the grievance through
this informal process.
E. If the grievance is not resolved at the informal level, the employee shall then set forth
the grievance in writing, indicate the nature of the action desired, sign it, and submit
it in duplicate to his or her Bureau Commander. At this point, the grievance review
process becomes formal. Should the grievant fail to file a written grievance, and in
the manner specified above, within ten (10) calendar days after receiving the response
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from his or her Bureau Commander, the grievance shall be barred and waived.
18.3 Formal Process.
A. If the grievance is not resolved through the informal process, and a written grievance
is filed within the time limits set forth above, the grievant's immediate supervisor
and Division Commander will add their comments and any justificationthey consider
proper, sign it, and forward it to their Bureau Commander without undue delay, or in
no case, more than seven (7) calendar days after receiving the formal grievance. A
copy shall be provided to the employee.
B. The Bureau Commander, after study of the case, shall attach his or her decision and
reasons therefore, and return them to the employee within seven (7) calendar days
after receipt of the written grievance.
C. If no satisfactory settlement has been reached at the division level, the employee may,
within seven (7) calendar days after receipt of the Bureau Commander's decision
may, in writing, request a meeting with the Police Chief to pursue the employee's
grievance. Failure of the grievant to take this action will constitute a waiver and bar
to the grievance, and the grievance will be considered settled on the basis of the
Bureau Commander's response.
D. If the grievant files a written grievance to the Police Chief in the matter and within
the time limits specified in "C" above, then a conference shall be held at the request
of the employee or the Police Chief.
E. The Police Chief shall inform the employee of his action within fourteen (14)
calendar days of the filing of the written grievance with the Police Chief or the date
the conference is held between the employee and the Police Chief.
F. If no satisfactory settlement has been reached at the departmental level, the employee
may, within seven (7) calendar days after being informed by the Police Chief of his
decision on the matter, and the reasons thereof, submit the grievance in writing to the
City Manager, or his duly authorized representative, for determination. Failure ofthe
grievant to take this action will constitute a waiver and bar to the grievance, and the
grievance will be considered settled on the basis of the Police Chief s response.
The City Manager, or his representative, after careful review, shall render a final
decision on the merits of the grievance, in writing, and return it to the grievant within
twenty-one (21) calendar days after receiving the grievance. A copy of the written
grievance to the City Manager, and of the City Manager's decision, shall be filed in
the Personnel Records of the department and the grievant's personnel jacket
maintained in the Personnel Services Department.
G. After the procedure set forth in this Article has been exhausted, the grievant, the
Association, and the City shall have all rights and remedies to pursue said grievance
under the law.
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ARTICLE XIX
19.0 DUES DEDUCTION AND INDEMNIFICATION
19.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all
employees recognized to be represented by the Association, who voluntarily authorize such
deduction, in writing, on a form to be provided for this purpose by the City. The City shall
remit such funds to the Association within thirty (30) days following their deduction.
19.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City
against any claims, causes of actions, or lawsuits instituted by a member or members of the
Association arising out of the deductions or transmittal or such funds to the Association,
except the intentional failure of the City to transmit, to the Association, monies deducted
from the employees pursuant to this Article.
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ARTICLE XX
20.0 CITY RIGHTS
20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provision of this
Agreement or by law to manage the City, as such rights existed prior to the execution of this
Agreement. The sole and exclusive rights of Management, as they are not abridged by this
Agreement or by law, shall include but not be limited to the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or non-existence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted by the
City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to be
provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract any work or
operation of the City.
1. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non-disciplinary reason,
subject to the provisions of the City Charter, Municipal Code, federal and state law
and this Agreement.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in the City Charter and Santa
Ana Municipal Code.
M. To determine job classifications and to reclassify employees.
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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.
To take any and all necessary action to cant' out the mission of the City in
emergencies.
20.2 Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the contemplated exercise of Management's
rights shall impact on a significant number of employees of the bargaining unit, the City
agrees to meet and confer in good faith with representatives of the Association regarding the
impact of the contemplated exercise of such rights prior to exercising such rights, unless the
matter of the exercise of such rights is provided for in the Agreement.
The City and Association agree that upon the expiration of this contract and during the good
faith negotiations for a subsequent contract, salary and benefits shall continue at the then
current rate.
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ARTICLE XXI
21.0 STRIKES AND WORK STOPPAGES
21.1 Prohibited Conduct.
A. The Association, its officers, agents, representatives, and/or members agree that
during the term of this Agreement, they will not cause or condone any unlawful
strike, walkout, slowdown, sick-out or any other unlawful job action by withholding
or refusing to perform services.
B. Any employee who participates in any conduct prohibited in Subsection A above
shall be subject to suspension, demotion or dismissal by the appointing authority.
C. In addition to any other lawful remedies or disciplinary actions available to the City,
if the Association fails, in good faith, to perform all responsibilities listed below in
Section 21.2, Association Responsibility, the City may suspend any and all rights and
privileges, accorded to the Association in this Agreement, including but not limited
to suspension of the Grievance Review Procedure and dues deduction.
21.2 Association Responsibility. In the event that the Association, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Section 21.1A of this
Article, Prohibited Conduct, the Association shall immediately instruct anypersons engaging
in such conduct that their conduct is in violation of this Agreement and unlawful, and they
must immediately cease engaging in conduct prohibited in said Section 21.1 A, and return to
work.
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ARTICLE XXII
22.0 LAYOFFS
22.1 All layoffs within the competitive service occasioned by abolishment of a position, the
combination of duties of two (2) or more positions, or the reduction in numbers of employees
in a given class, shall be governed by seniority in the class. Reemployment shall be in
reverse order of layoff.
22.2 Any promotional probationary employee laid offunder these procedures who held permanent
status in a lower class shall retain seniority rights in the previously held classification
provided that it is still listed in the City's current basic classification and compensation plan.
22.3 Any permanent, full-time employee laid off under the above provisions may request a
demotion to a position in a lower class provided he/she meets reasonably related
qualifications required for placement in the class and the position is vacant.
22.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which he or
she has served, providing that classification is within the same job family/career ladder. In
that event, the employee's length of service in the next lower classification will be added to
his or her length of service in the affected classification, and said combined seniority shall be
used to bump down into the next lower classification. This method of combining seniority
shall be applied to subsequent lower classifications.
22.5 For positions that were advertised in the Police Department as "open and promotional" or
"promotional only" which are open to Police Department employees only, there will be
created a "job ladder" such that those employees in positions to be eliminated through layoff
shall be entitled to return to the POAj ob classification in the Police Department from which
they promoted, "bumping" any employee in that job class with less cumulative years of
service in that job class than the bumping employee had in that j ob class prior to promotion.
22.6 Notice of Service. On request, a laid off employee shall receive a statement certifying that
his/her services have been satisfactory. Layoff shall not be used in lieu of a disciplinary
dismissal.
22.7 The City agrees that there shall be no layoffs of members of this bargaining unit during the
fiscal years 2009-2010 and 2010-2011.
22.8 The City agrees that there will be no layoffs of members of this bargaining unit during fiscal
year 2011-2012 except upon the occurrence of a five percent (5%) or greater decline in the
2010-2011 general fund revenues of the City. For purposes of this provision, general fund
revenues of the City will not include one-time revenues to the City or transfers between other
existing City funds and the general fund.
22,9 During Fiscal Year 2012-13, the City will not layoff any employees in the unit without first
meeting and conferring with the Association on the decision, not just the impact of the
decision.
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ARTICLE XXIII
23.0 SOLE AND ENTIRE AGREEMENT
23.1 It is the intent of the parties hereto that the provisions of this Agreement shall supersede all
prior agreements and memoranda of agreement, or memoranda of understanding, or contrary
salary and/or personnel rules and regulations or administrative codes, provisions of the City,
oral and written, expressed or implied, between the parties, and shall govern the entire
relationship and shall be the sole source of any and all rights which may be asserted
hereunder. This Agreement is not intended to conflict with federal or state law or the City
Charter.
23.2 The City will continue to administer its employee relations and its personnel policies and
procedures in accordance with duly-adopted ordinances and resolutions, and the affected
employees will continue to be governed thereby during the term of this Agreement.
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ARTICLE XXIV
24.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
24.1 During the tern of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours, and terms and conditions of employment,
whether or not covered by the Agreement or in the negotiations leading thereto, unless
required by specific provisions of this Agreement, and irrespective of whether or not such
matters were discussed or were even within the contemplation of the parties hereto during the
negotiations leading to this Agreement. Regardless of the waiver contained in this Article,
the parties may, however, by mutual agreement, in writing, agree to meet and confer about
any matter during the term of this Agreement.
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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.
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ARTICLE XXVI
26.0 TERM OF AGREEMENT
26.1 The term of this Agreement shall be from July 1, 2008 through June 30, 2013.
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ARTICLE XXVII
27.0 RATIFICATION AND EXECUTION
27.1 The City and the Association have reached an understanding as to certain recommendations
to be made to the City Council for the City of Santa Ana and have agreed that the parties
hereto will jointly urge said Council to adopt a new wage and salary resolution which will
provide for the changes contained in said joint recommendations. The City and the
Association acknowledge that this Agreement shall not be in full force and effect until
ratified by the membership of the Association and adopted by the City Council of the City of
Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized
representatives of the City and the Association and entered into this 19TH day of November,
2012.
JIM 15 2018
Dated:
Dated: t / S
Dated: I "Z'1 - 1'7-
ATTEST:
CLERK OF THE COUNCIL,.:)
APPROVED AS TO FORM:
CITY OF SANTA ANA, a
Municipal Corporation of
the State of California
YOR
C
By:
CITY MANAGER
By: X4'1,6 vt 2
EXECUTIVE DIRECTOR -
PERSONNEL SERVICES
J?
TY ATTORNE
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This Agreement has been ratified by the membership of the Santa Ana Police Officers Association.
SANTA ANA POLICE
OFFICERS ASSOCIATION
Dated: X04 affA, ao 12 By: _
14tESIDENT
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EXHIBIT A
0 1 2
41 1542 1549 1557
42 1619 1627 1635
43 1700 1708 1717
44 1785 1793 1802
45 1874 1883 1892
46 1968 1977 1987
47 2066 2076 2086
48 2169 2179 2190
49 2277 2288 2299
50 2391 2402 2414
51 2511 2523 2536
52 2637 2650 2663
53 2769 2782 2796
54 2907 2921 2936
55 3052 3067 3082
56 3205 3221 3237
57 3365 3381 3398
58 3533 3550 3568
59 3710 3728 3747
60 3896 3915 3935
61 4091 4111 4132
62 4296 4317 4339
63 4511 4533 4556
64 4741 4764 4787
65 4978 5002 5026
66 5226 5252 5278
67 5488 5515 5542
68 5762 5790 5818
69 6050 6080 6110
BASIC SALARY AND WAGE SCHEDULE
3
1565
1643
1725
1811
1902
1997
2097
2201
2311
2427
2548
2676
2810
2950
3098
3253
3415
3586
3765
3954
4152
4360
4579
4810
5051
5304
5569
5847
6140
4
1573
1651
1734
1820
1911
2007
2107
2212
2322
2439
2561
2690
2824
2965
3113
3269
3432
3604
3784
3974
4173
4382
4601
4834
5076
5330
5596
5876
6170
5 6
1580 1588
1659 1668
1742 1751
1830 1839
1921 1930
2017 2027
2118 2128
2223 2234
2334 2346
2451 2463
2574 2587
2703 2717
2838 2853
2980 2995
3129 3144
3285 3302
3449 3467
3622 3640
3803 3822
3994 4014
4194 4215
4404 4426
4624 4648
4858 4882
5101 5126
5356 5382
5623 5650
5905 5934
6200 6230
7 8 9
1596 1604 1612
1676 1684 1693
1760 1769 1778
1848 1857 1866
1940 1950 1960
2037 2048 2058
2139 2150 2160
2246 2257 2268
2357 2369 2381
2475 2488 2500
2600 2613 2626
2730 2744 2758
2867 2881 2896
3010 3025 3040
3160 3176 3192
3318 3335 3352
3484 3501 3519
3658 3676 3695
3841 3861 3880
4034 4054 4074
4236 4257 4278
4448 4470 4493
4671 4694 4718
4906 4930 4954
5151 5176 5201
5408 5434 5461
5678 5706 5734
5963 5992 6021
6260 6291 6322
73
25A-96
70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638
71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971
72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319
73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685
74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069
75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473
76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897
77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342
78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819
79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309
80 10350 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
74
25A-97
ASSIGNMENT OF CLASSES TO SALARY RATE RANGES
7/1/2012
RANGE
JOB TITLE NO. Min Max
POLICE OFFICER 688 5992 7283
POLICE SERGEANT 731 7391 8985
ANIMAL SERVICE OFFICER 1 626 4426 5382
ANIMAL SERVICE OFFICER II 656 5126 6230
BACKGROUND INVESTIGATOR 641 4764 5790
COMMUNICATIONS SERVICES OFFICER 621 4317 5252
CORRECTIONAL OFFICER 641 4764 5790
CORRECTIONAL SUPERVISOR 690 6050 7355
CRIME RESEARCH AIDE 652 5026 6110
CRIME RESEARCH ANALYST 678 5706 6937
DARE OFFICER 621 4317 5252
FIREARMS EXAMINER 697 6260 7609
FORENSIC SERVICES SUPERVISOR 728 7283 8853
FORENSIC SPECIALIST 1 652 5026 6110
FORENSIC SPECIALIST II 671 5515 6702
PARKING CONTROLOFFICER 591 3728 4533
POLICE ATHLETIC/ACTIVITIESLEAGUE ASSISTANT DIR 620 4296 5226
POLICE COMMUNICATIONS SUPERVISOR 686 5934 7211
POLICE COMMUNITY SERVICES SPECIALIST 641 4764 5790
POLICE EVIDENCE AND SUPPLY SPECIALIST 624 4382 5330
POLICE EVIDENCE AND SUPPLY SUPERVISOR 644 4834 5876
POLICE INVESTIGATIVE SPECIALIST 641 4764 5790
POLICE PHOTO/VIDEO SPECIALIST 621 4317 5252
POLICE PROPERTY AND EVIDENCE SPECIALIST 624 4382 5330
POLICE PROPERTY AND EVIDENCE SUPERVISOR 644 4834 5876
POLICE RECRUIT 650 4978 6050
POLICE SERVICE ASSISTANT 605 3994 4858
POLICE SERVICE OFFICER 621 4317 5252
POLICE SERVICES DISPATCHER 646 4882 5934
RANGEMASTER 621 4317 5252
SENIOR PARKING CONTROL OFFICER 611 4111 5002
TRAFFIC SERVICES SPECIALIST 641 4764 5790
75
EXHIBIT B
25A-98