The URL can be used to link to this page

Home My WebLink AboutSERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) (2015-2017)A -2015 -251 JULY 1, 2015 -JUNE 30, 2017 MEMORANDUM Or UNDERSTANDING CITY OIL SANTA ANA. AND SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CI'T'Y OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CITAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 FOR FISCAL YEARS 2015.16 THROUGH 2016 -17 ARTICLE ARTICLE I ARTICLE II ARTICLE III ARTICLE TV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIR ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX TABLE OF CONTENTS SUBJECT PAGE RECOGNITION 5 NON - DISCRIMINATION CLAUSE 6 ATTENDANCE, WORKDAY & WORKWEEK 7 SALARIES I1. ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 17, OVERTIME 28 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 32 HOLIDAYS 35 VACATION 37 OTHER LEAVES OF ABSENCE 42 EMPLOYEE INSURANCE 49 RETIREMENT 52 TOOL REIMBURSEMENT POLICY 54 UNIFORM MAINTENANCE 55 SAFETY 56 RESIDENCY 57 GRIEVANCE REVIEW PROCEDURE 58 UNION RIGIITS 60 DUES DEDUCTION & INDEMNIFICATION 67 CITY RIGHTS 69 STRIKES & WORK. STOPPAGES 71 LAYOFFS 72 MISCELLANEOUS PROVISIONS 75 SOLE & ENTIRE AGREEMENT 79 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU 80 EMERGENCY WAIVER PROVISION 81 SEPARABILITY PROVISION 82 TERM OF MOU 83 RATIFICATION & EXECUTION 84 25A -6 TAELE OF CONTENTS (Continued) ARTICLE SUBJECT PAGE EXHIBIT A BASIC SALARY & WAGE SCHEDULE 86 EXHIBIT B ASSIGNMENT OF CLASSIFICATIONS TO SALARY RATE RANGES REPRESENTED BY SANTA ANA CITY EMPLOYEES CHAPTER 1939 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721, 89 EXHIBIT RESOLUTION NO. 81 -75 97 EXHIBIT D 9/ 80 HARDSHIP CLAIM 111 25A -7 TABLE OF CONTENTS (Cross- rcfereaiced in Alphabetical Order) SUBJECT ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES ATTENDANCE, WORKDAY & WORI4WEEIG CITY RIGHTS DUES DEDUCTION & NDEMNIFICATION EMERGENCY WAIVER PROVISION EMPLOYEE INSURANCE GRIEVANCE REVIEW PROCEDURE HOLIDAYS LAYOFFS MISCELLANEOUS PROVISIONS NON - .DISCRIMINATION CLAUSE OTHER LEAVES OF ABSENCE OVERTIME RATIFICATION & EXECUTION RECOGNITION RESIDENCY RETIREMENT SAFETY SALARIES SEPARABILITY PROVISION SOLE & ENTIR.E AGREEMENT STRIKES & WORTS STOPPAGES TERM OF'MOU TOOL REIMBURSEMENT POLICY TRAINING & EDUCATIONAL ASSISTANCE PROGRAM UNIFORM MAINTENANCE UNION RIGHTS VACATION WAIVER OF BARGAINING DURING THE TERM OF THIS MOU EXHIBITS; ASSIGNMENT OF CLASSES REPRESENTED BY SANTA ANA CITY EMPLOYEES CHAPTER 1939 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 BASIC SALARY & WAGE SCHEDULE RESOLUTION NO, 81 -75 9/80 HARDSHIP CLAIM FORM 25A -8 ARTICLE PAGE ARTICLE V 17 ARTICLE III 7 ARTICLE XX 69 ARTICLE XIX 67 ARTICLE XX'VI 81 ARTICLE XI 49 ARTICLE XVII 58 ARTICLE VIII 35 ARTICLE XXII 71 ARTICLE XXIII 75 ARTICLE It 6 ARTICLE X 42 ARTICLE VI 28 ARTICLE )MX 84 ARTICLE I 5 ARTICLE XVI 57 ARTICLE XII 53 ARTICLE XV 56 ARTICLE IV I I ARTICLE XXVH 82 ARTICLE XXIV 79 ARTICLE XXI 71 ARTICLE XXVIII 83 ARTICLE XIII 54 ARTICLE VII 32 ARTICLE XIV 55 ARTICLE XVIII 60 ARTICLE IX 37 ARTICLE XXV 80 EXHIBIT B 89 EXHIBIT A 86 EXHIBIT C 97 EXHIBIT D I I I ARTICLE I 1.0 RECOGNITION 1,1 Pursuant to the provisions of the Meyers - Milias -Brown Act, Goverment Code Section 3500, et M., the City of Santa Ana (hereinafter called the "City ") has recognized the Santa Ana City Employees Association, Chapter 1939 /Service Employees International Union Local 721 (hereinafter called the "Union ") as the recognized reprosontative of the bargaining unit which includes all full -time persormcl employed by the City of Santa Ana in classifications listed in Exhibit B of this MOU, 1.2 During the terns of this MOU, no substantive issue of representation shall be raised contrary to this MOU except as provided in Resolution No, 81.75, the Employer - Employee Relations Resolution of the City of Santa Ana. 25A -9 ARTICLE, 11 2.0 NON - DISCRIMINATION CIAUSE 2.1 The City and the Union agree that they shall not discriminate against any employee because of race, color, sex, age, national origin of alienage, sexual orientation, political or religious opinions or affiliations, or union membership, and that all jobs are open to males and females. The City and the Union shall reopen any provision of this MOU for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or blaange in any provision or provisions of this MOU in compliance with State or Federal anti - discrimination laws. 2.2 Whenever reference is made to the ramealine gender, it shall be understood to include the feminine gender, unless expressly stated otherwise, 25A -10 ARTICLE III 3,0 ATTENDANCE, WORKDAY & WORKWEEK 3.1 Attendanc e. Employees covered by this MOU shall be in attendance at their work during hours prescribed by the Department Head or his/her designee(s) and shall not absent themselves without approval of the Department Head or his /her designee(s). 3.2 Hours of Worlc. Eight (8) hours of work shall constitute a normal clay and forty (40) hours of work shall constitute a minimum worlcweelc, except for employees for whom special regulations have been approved by the City Manager as follows; W uiuuluvuce, aria peracr:ea rrect aervrces .gmploees, The Department Head, with the approval of the City Manager, may assign these employees to a worlcweelc consisting of four (4) ten (10) hour days with an additional one -half (1/2) or one (1) hour for unpaid lunch as negotiated with the Union. The assigned employee shall work four (4) ten (10) hour days and shall have three (3) consecutive days Off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three (3) consecutive days off in a workweek The regular workweek shall consist of forty (40) hours. A regular day off shall consist of ten (10) hour$, R• 3111 5, 1/5 5 Work Schedule For Detontion Records Employees, The Department Head, with the approval of the City Manager, may assign these employees to a workweek consisting of three (3) eleven and one -half ('1'1.5) hour days and one (1) five and one-half (5.5) hour day, with an additional forty -five (45) minutes for unpaid hunch as negotiated with the Union, The assigned employee shall have three and one -half (3.5) consecutive days off in a workwook. Upon mutual agreement between the supervisor and employee, the employee may waive his or her right to three and one -half (3,5) consecutive days off in a workweek The regular workweek shall consist of forty (40) hours. A regular day off shall consist of either eleven and one -half (11.5) hours or five and one -half (5.5) hours. C. 9180 Work Schedule, The work schedule described below is known as the 9/80. The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLEA). In the event that there is a conflict with die current rules, practices and /or procedures regarding work schedules and leave plans, then the ralos listed below will govern. Employees shall be permitted to work a 9/80 work schedule when authorized by the Department Head and approved by the City Manager. A departmental work unit will not be permitted to work this sohedulo if in the discretion of the Department Head and City Manager, the 9/80 work schedule may reduce service to the public. 25A -11 1. 9/80 Work Schedule Defined. The 9/80 work schedule shall be defined as working eighty hours over nine days in a two -week period. An employee shall work eight days for nine hours per day mid one day for eight hours, excluding a one -hour huich during each work shift, totaling forty (40) worldng hours in each FLSA work week. a. The Work Week Period. The forty (40) hour FLSA work week period shall be defined as the work period starting from Friday at mid shift to Friday at arid-shifi No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch broak, which will occur in the middle of the day on Fridays. b. The 9/80 Work Period, The 9/80 two -week work period for employees starts Friday mid -shift and continues for fourteen (14) days instil Friday mid- shift. During this period, each week is made up of four trine -hour work days (thirty -six holes) and one four - hom• Friday and those hours equal forty work hours in each work week (e.g., the Friday is split into four hours for the first shift, which is charged to work week one and four hours far the second shift, which is charged to work week two). C. Employees cannot change schedules without prior approval of their supervisor and Department Head. The propose of this authorization is to review the impaot on staffing and overtime. Employees may change schedules at the beginning of any work period with supervisor and Department Head approval. d. Modifications of the FLSA work week period are not permitted unless authorized by the Executive Director of Personnel Services acrd the City Manager, e. Et ergencies. All employees on the 9180 worse schedule are subject to be called to work any tune to meet any and all emergencies or unusual conditions that, in the opinion of the City Manager, Department Head or designee, may require such service from any of said employees. Overtime Defined. All FLSA no ioxempt employees working under the 9/80 work schedule will earn overtime for all hours worked after the first forty (40) hours in an FLSA work week as required under FLSA. Employees are required to obtain supervisor authorization before working any overtime. 25A -12 a, Overtimno Compensation: As stated in Section 6.4 of Chia MOU, b. Compensator Time: As stated in Section 6.4 of this MOU. 3. Leave Benefits, When an employee is off on a scheduled workday trader the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. a. Vacation Leave; As stated in Article IX of this MOU. . b, ick Leave: As stated in Article X of this MOU. C. bereavement Leave: As stated in Article X of this MOU, d. Holidays: As stated in Article VIII of this MOU. For a recognized City holiday, eight hours, as stated in Article VIII, are earned for each holiday, For time charging of hours on a scheduled holiday, the employee must use oight (8) hours of holiday time off mid one (1) hour from the employee's vacation leave or compensatory time banks for a rune (9) hour workday charge or eight (8) hours holiday trine off far, a Friday, ii. If a holiday falls on an employee's Friday off, the employee must then take their holiday off before or after the regular holiday as their holiday off with supervisor and Department Head approval, If the employee cannot take their holiday off before or after the regular scheduled holiday off the employee will bank eight hours of holiday leave to be used at a later date with the supervisor's approval. Jury Duty Leave. The provisions of the MOLT shall continue to apply; however, if an employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee's day off work.; therefore, the employee will receive no added compensation. D. it is the intent of the parties that no additional paid time off shall be gained or lost as a result of the finplamontation of either the 4/10, the 3/11.5 plus 1.15.5, or the 25A-1 3 9/80 work schedules, The City reserves the right to abandon either the 4110, the 3111.5 plus 115.5, or the 9/80 work schedules for these employees if, in the opinion of the concerned Department Head and the City Manager, either the 4110, the 3111,5 plus 115,5, or the NO work schedules has not produced the desired results. If this light is exercised, however., the City and SLIU shall meet and. confer in good faith prior to abandoning any of these work schedules, E, Any employee having been authorized to work the 9/80 work schedule who subsequently encounters a personal hardship with his /her work hours may request an accommodation from his /her Department Head. A "hardship request" will be limited to an employee's authorized hours of work, An accommodation will be considered only after the employee has oxhausted all other personal options to resolve the hardship. If the employee is unable to resolve his/her problem, the employee may request an accommodation from their Department Head by submitting a hardship claim, The Department Head may authorize an accommodation after reviewing said claim or assign a manager to investigate and recommend a resolution of the hardship claim. The recommendation of the manager will be limited to the following: Approve an appropriate ilex schedule that does not disrupt the department ability to deliver its services or create disruption in the work unit. 2. Disapprove the employee's proposed solution to resolve the hardship, Reassign the employee to a 5/40 work schedule, The Department Head may accept any one of the manager's recommendations or advance his own to resolve the hardship. F. The Water Production staff will work an eight (8) hour day shift covering Monday through Friday, Employees will be required to take a 30 minute unpaid lurch break during the shift. 10 25/'!'14 ARTICLE TV 4,0 SALARIES 4.1 Basic Compensation Flan, There is hereby established a basic compensation plan for all Rill -timo personnel who are now employed or will in the future be employed in any of the designated classifications of employment represented by the Union as listed in this MOU and its attachments, 4.2 Mary 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 seven (7) steps or rates of pay. The respective rate ranges are identified by a three digit number, The steps within each range are identified by the letters "AAA" through "B" inclusive, with Step "AAA" 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 sat forth in Exhibit "A," The assignment of classifcations to salary rate ranges is listed in Exhibit B, Which is attached and made a, part hereof as though set forth herein, 4,3 Salaries, A. The base salaries of employees covered by this MOU shall be adjusted as follows: Effective July 1, 2015, the base salaries of employees covered by this MOU shall be increased by five (5) salary rate ranges(approximately 2.5 %), Effective July 1, 2016, the base salaries of employees covered by this MOU shall be increased by five (5) salary rate raanges(approximately 2,5 %), B. During the term of this MOU, should any other full-time employee bargaining unit of the City receive any base salary rate increase (not associated with a class & compensation study) that exceeds those set forth in Subsection "A" above, all employees covered by this MOU shall receive the sane base salary increase or equivalent retroactive to the date such increase went into effect for the other bargaining unit. 4,4 Ap lication of Basic Cornpcarsatian Plan, The salary rate ranges contained in Section 4.2 and Exhibit "B" are monthly salary rate ranges. All employees working in classifications of employnren't covered by this MOU shall be compensated at a nnonthly 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 por hour for actual time spent in the performance of the duties of his or her employment. The regular rato of pay shall be it 25A -15 computed as provided for by the fair Labor Standards Act (h'LSA) Any hourly rate of pay, defined as the rog lar• hourly rate of pay, shall be computed by dividing the monthly salary rate by 173.33, lrr determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in an even one -half cent shall fix the rate at the next higher whole cent. 4.5 Probat orj3. `l'ha probationary period shall be one (1) year from the date of appointment fion1 an open eligible list (new hire) or a reappointment eligible list (rehire) or a promotional eligible list. 4,6 Beginning Rates. A new employee shall be paid the rate shown as Step "AAA" in the salary rate range allocated to the classification of employmont for which he or she has been lured. In special instances where such new employee possesses uniquo and exceptional educational training and /or experience qualifications, the Department Head, under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Stop "AA," "A," "B," "C," or "D" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to tbo next salary step in accordance with the further provisions of this Article. 4,7 Service, 71io word "service" as used in this MO'U shall be deemed to mean continuous, full -time service in the classification in which the employee is being considered for salary advancement, servioe in a higher classification or service in a classification allocated to the same salary rate range and having generally similar cluties and requirements, Bmployees hired after the first (I") working day of the month shall not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the proposes of this MOU, and such employee reentering the service of the City shall be considered as a new employee, except when he or she is being or will be reappointed within one (1) year and placed in the same salary step in the appropriate salary rate as he or she was at the time of termination of employment, "Resignation, quit, or discharge" for purposes of this section shall mean separating from frill -time City employment altogether, not leaving one Position to accept appointment to another position in an unrelated classification outside the career ladder, 4.8 Advancement Within ltanues. A. Length of Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "AAA" to Step "AA," Step "AA" to Step "A," from Step "A" to Step "B," from Step "B" to Step "C," or fiom Step "C" to Step "D," whichever is the next bigher 12 25A -16 step to that on which the employee has been previously paid, offeotive the first day Of the month following the date of completion of the length of service required for such advancement as provided in Section 4.2 and Exhibit A hereof, 13, Merit Adyances, An employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 4,2 and Exhibit A hereof, the effective date of such merit increase, if granted, shall be on the first (1') day of the month following the completion of such required length of service. Advancement to Step "B" may be granted only for continued meritorious and officient service and continued improvement by the employee in the effective performance of the ,duties of his or her position. Such merit advancement shall require the following; 1. There shall be on file in the office of the Executive Director of Personnel Services a copy of each periodic performance appraisal report required to be made on the employee by the Civil Service Rules and Regulations and /or the City Manager during the period of service time of such employee subsequent to his or her last salary advancement. 2. The Department .Head, at least twenty (20). calendar days prior to the anticipated completion of such employees required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit ineroase and supporting such a recommendation with specific reasons therefore, 'i'be employee shall be notified by the Department Head as to such recommendations and of the reasons therefore. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Stop "D" results from promotion under the provisions of Seetioulo of this Artiole. 4. Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step advance shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of with merit stop advanoo shall be retroactive to the first (is) day of the month following the completion of the required length of service, C. Length of Service R09Wted When Advancement Denied. When an employee has not boon approved for advancement to merit Stop "E," he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (4) months of additional service, This reconsideration shall follow the same stcps and shall be subject to the same actions as provided in subparagraph E (2) and (3) of thts section. 13 25A -17 4.9 Reduation in Salary Any employee who is being paid at merit Step "B" may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Department .1-lead, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure is outlined for merit advancements in Section 4,8 above, and such employee may be considered for readvancoment under the sanio provisions as contained in Subsection C of Section 4.8 above, 4.10 Yromot onaI Salary Advancenzont, Whon an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder., he or she shall be reassigned to Step "AAA" in the appropriate salary rate range for the higher classification; provided, however, that if the base salary step currently being paid such employee is already equal to or higher than said Step "AAA," lie or she will be placed in the lowest step in die appropriate salary rate, range as will gram that employee a rninimum increase of one (1) salary step (approximately S %) over his or her current base salary step, inclusive of lead pay, and exclusive of any other assignment or special pay additive or additives such as bilingual pay, shift differential, special skill pay or the like, except when placement at "B" step will not be sufficient to provide a one (1) salary step (approximately 5 %) increase. 411 Demotion. When an employee is demoted to a position in a lower classification, his or her salary rate shall be fired in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) salary step (approximately 5 %). B. The new salary rate must be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service titne in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reduotions in Section 4.9 above. 4.12 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step, 4.13 Request for Classification Review, Any employee who, for a period exceeding one (1) year, believes he or she is regularly and consistently performing duties and/or 14 25A -18 responsibilities not in conformance with their classification concept or, duties and /or responsibilities of another classification, may request a classification review of their position through their supervisor to the Department Head, The employee must submit their request on a form specifsod by the Executive Directer of Personnel Services, outlining in writing how they believe their cmxent duties and/or responsibilities differ fxonr their classification concept. A. The Department Head will review the employee's submitted request and within sixty (60) days will snake one of the following detenninations: Will support the employee's request. a. If the Department Head supports the employee's request for a classification review, he or she will forward the request to the Executive Director of Personnel Services along with justification for support of the employee's request, b, The Department Head will notify the employee that his or her request has been submitted to the Executive Director of Personnel Services, 2, Will not support the employee's request. a. If the Department Head does not support the employee's request for a classification review, he or she will notify the employee of this decision in writing and set forth the basis for the decision. r, If the Department Head does not support the employee's request, but agrees that some of the duties mid/or responsibilities being performed by the employee are those of a higher level City classification, he or she can do the following: i. Return the employee to performance of the duties and /or responsibilities of their proper classification. ii. Eliminate the higher duties and/or responsibilities being performed by the employee, for which the City has agreed are those for which it will provide higher compensation. R Any employee request for classification review approved by the Department Head will be forwarded to the Executive Director of Personnel Services. The Executive Director of Personnel Services will confirm receipt of the request in writing to the employee. Within sixty (60) days of receipt of the request, the Executive Director Of Personnel SerVleeS will notify the ormployee and Department Head of the decision as to whether a study will be conducted. If the Executive Director of Personnel Services determines that a study is appropriate, the Executive Director 15 25A -19 Of Personnel Services will so notify the employee and the Department Head in writing and will provide the employee aid Department Head with an approximate start date for the study. C, All determinations of the Department Head and the Executive Director. of Personnel Services are final. D. All studies and study findings will require City Manager approval befbre proceeding. L. All recommendations resulting from study findings require the approval of the City Council and will be implemented in accordance to the City's Civil Service rules, 4.14 Class and Com emation Stuff The City will conduct a class and compensation study using benclimarlc classifications in the bargaining unit. The parties will forum a Joint Labor. Management Team to develop the RFP, serve on the RFP Committee to select the consultant /contractor, meet to oversec/address the details /issues of the study and review the final study, The parties intend that the study will be, completed by January 2017. The parties will then meet and confer over the implementation of the study findings. The study will include a review of job families and career ladders. Additionally, in the event that the parties agree that any job class should be reduced in salary, the effected incumbents will have their salaries frozen [Y- Rating]. 16 25A -20 ARTIC1LE V 5,0 ASSIGNMENT & OTHER SPECIALPAY ADDITIVES 5.1 AssignmentPayDiff'exontial. Assignment pay differentials, as listed herein and throughout the MOU, will, in each case, be added individually and separately to the employee's base salary, In no event shall one assigirmerat pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential, A. Incumbents in the classifications of Senior Office Assistant, Secretary, Executive Secretary, or Planning Commission Secretary who are assigned by a Department Head, with the prior approval of the City Manager, to a position requiring the ability to take dictation at a rate of 70 words per minute or better on a regular basis or as an essential or integral element of the woric of the position, will be paid a monthly differential of sixty dollars (S60) above his or her base monthly salary atep for each full month of such assignment, C. An incumbent in the classification of Senior Office Assistant who is continuously mud regularly assigned to operate and who actually operates, a two -way radio commrudcations base station, 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, D. incumbents in the classifications of ploet Equipment Technician I, II and III who possess nationally recognized certi;frcaticns for Automotive Service Excellence Master Certification (ASE) and ASE Alternative Fuel, will be, paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5 %) for said certification, above their then current base monthly salary step. The restrictions set forth in Section 5,7 do not apply to this provision, E. Personnel in the classifications of Fleet Equipment Technician I, 11, 111, and Fleet Equipment Supervisor, who maintain a valid State of California Commercial Driver's License and are assigned to an area that requrrcgis the possession of either a Class "A'° or Class "B" license in the course and scope of their woric shall be paid at a rate act five (5) salary rate ranges (approximately 2.5 %) above their then current base .monthly salary step, F. An employee that is required by a Department Head or their designee to perforkn the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly differential of forty dollars ($40) above his or her then current base monthly salary step, 5.2 Load Pam. An incumbent who is regularly and continuously assigned to lead a functional unit which includes two (2) or more positions in the same or lower classifications as the incumbent may be compensated for said duties upon mutual agreement of the City and 17 25A -21 SEIU and approval of the Department Head and the Executive Director of Personnel Services. This compensation shall be referred to as "load pay." In addition, incuunbents in the following classifications who are regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set ton (10) salary rate ranges (approximately 5 %) above his or her then current base monthly salary step; Buyer, Customer Service Representative, Equipment Operator -Motor Sweeper, Infonnation Services Representative, Librarian, Library Services Assistant, Parking Motor Technician II, Senior Systems Administrator, Cnraphics Designer II, Senior Accounting Assistant, Housing Specialist II, Senior Librarian, Workforce Specialist I1, and Workforce Specialist III. An incumbent in the classification of Custodian who is regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set fifteen (15) salary rate ranges (approximately 7.5 %) above his or her then current base monthly salary step. Any employees who have continuously received lead pay for leading the same functional group for five years shall have their lead pay assignment made permanent. 5.3 Bilingual Pay. An employee who is assigned by a Department I -lead or their designee to a position requiring bilingual capability in both English and any other languages designated by the Orange County Registrar of Voters as necessary for official voting information and or Federal Voting Rights Act and sign language , will be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below: A. Certification by the Executive Director of Personnel Services as having satisfactorily d,omonstrated conversational fluency in both languages for any position requiring bilingual capacity. B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and /or emergency nature without ready access to bacicrrp assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, will be designated as Primary Bilingual Assignments, A qualified incumbent of such position will be paid a monthly differential of one hundred seventy -five dollars ($175) above his or her base monthly salary step for each full month of such assignment. C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, will be designated as Secondary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly differential of forty dollars ($40) above his or her base monthly salary step for each full month of such assignment. D. The number of such Primary and /or Secondary Bilingual Assignments shall be no larger than the requirements of the department as determined by the Department Hoed and the City Manager. lE 25A -22 E. There shall be periodic recertification of such bilingual capability. F. In no event shall an employee be eligible to earn more than one (1) bilingual pay differential. 5,4 hift Differential. A. Generally, An employee in a classification represented by the Union who is continuously acid regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one -half (4 1/2) hours between the hours of 5:00 p.m. and 7:00 a,m„ will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5 %) higher than his or her then current base monthly salary step; except, however, such shift pay differential shall not be applicable to employees in the classification of Park hanger and Supervising Park Ranger, B. Library Em loyees, Employees hired and assigned to the Library prior to December 1, 1987, who work evening shifts until closing time, but who are not otherwise eligible for shift differential as provided under Subsoction A above, shall receive, as special shift pay, an amount equal to one -half (1/2) of one hour's pay for each day they work an evening shift until closing throe. Said special shift pay shall be computed on the hourly equivalent of the base monthly salary step. Such half - hour's pay shall not be counted toward the computation of overtime. Such special library shift pay differential shall not be applicable to library employees hired on or after December 1, 1987. C. ia'1v M.otn n Street Crews. A Street Maintenance employee who is assigned to traffic painting or downtown cleanup crews who is continuously and regularly assigned to a. schedule of work which requiros that he or she actually work at least fifty percent (50 %) of his or her normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m,, will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5 %) higher than his or her then current base monthly salary stop, D, Standby PAY. Employees who are released, from active duty but who arc required by their deparhnent to leave notice where they can be reached aud, be available to return to active duty when requited by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Effective no later than the first (Is0) day of Vie second (2 °a) payroll period following Council approval, such employees shall receive four hundred fifty dollars ($450) per week when assigned to be on standby duty. Water Production, Water Maintenance, Public Works Maintenance, Building Maintenance, and Information Services Division staff shall be required to serve on standby duty and receive standby pay as defined above, The City's preference 19 25A -23 will be to accomplish the above through volunteers; however, qualified employees may be directed to be on standby if the number of volunteers is insufficient. In addition to Standby Pay, if an employee is able to handle the incident. by phone or other electronic moans without reporting to duty, he shall be entitled to overtime pay at the rate of 15 minutes or actual time spent per incident whichever is greater, paid at time and one -half (T 1(2) per incident. Additional Standby Pay programs may be implemented with the approval of the Deparhnant Head and City Manager, 5,5 Temporary Upgrade Assienment Pad, In order to provide an equitable method of compensating employees who are assigned temporarily to a vacant, Fttll-time, budgeted, higher -level position the fallowing shall apply; A. General Guidellnes. Temporary Upgrade Assignments shall be limited to the temporary filling of vacant, fall -throe, budgeted positions due to the termination, promotion or authorized long -tern absence of the incumbent. A temporarily vacant position need not be a position without an incumbent. 2. Each such assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred eighty (180) days of snob assigmnent. 3. Prior to reconuncnding to the City Manager that a pay differential for a Temporary Upgrade Assignment be granted, the Department Head shall snake the following determinations; a, The duties and responsibilities of the position to be filled are of such nature that they cannot remain unassigned pending the return to duty of the absent incumbent or preparation of an eligible list whichever is applicable. b. It is not practical to assign the duties of the vacant position to any other employee or employees in the same or higbor classifroation, Q. The City Manager or his designee must give writton approval of all Temporary Upgrade Assignments involving an increase in pay for the appointee. 20 25A -24 H. Eligibility, I. With the exception of those described in paragraph 3 below, regulaz, fall - time employees shall receive Temporary Upgrade Assignment Pay if the following criteria are met: a. The work assumed encompasses the majority of the typical duties and responsibilities of the vacated position. b. To qualify for temporary upgrade assignment pay, employees must serve in an acting capacity in the higher level classification as follows: • ten (10) consecutive working days of eight (8) hours each; or • eight (8) consecutive working days of ten (10) hours each, for employees working on an alternative work schedule; or • any combination of consecutive working days consisting of nine (9) hours each and one (1) working day consisting of eight (8) hours, for a total of 80 hours of work for employees working the "9180 "work schedule; or • two (2) consecutive work works, consisting of three (3) 11.5 hour days and one (1) 5.5 hour day for a total of 80 hours of work for ernployces working on an alternative work schedule. C, In computing qualifying service rendered, only fall days of actual duty shall be included, and partial days shall not be combined to make full days unless they are normally granted holiday hours, Normally granted holidays will be, included in computhlg actual duty days. d. Employees must requalify for an upgrade (Temporary Assignment) if the employee has not worked in this specific upgrade assignment for a period of 18 consecutive months, The employee shall only be considered to work in a higher classification if such work is duly and specifically authorized by the employee's Dopartrnent Head. 2. Whenever practicable, the appointing authority shall rotate Temporary Upgrade Assignments among all qualified employees. 3, Employees in the following categories shall not be assigned to Temporary Upgrade work unless specifically authorized by the City Managor: 21 25A -25 a„ Non- pormanent employees (Probationary, Part -time, Seasonal, etc.). b• Employees perfortning work above their regular classification in a training capacity. C. Pa meat. On the eleventh (I I) consecutive working day an employee has been serving in a Temporary Upgrade Assignment, and for each additional consecutive working clay the employee so serves, lie or she shall receive the 'beginning rate (Step "AAA") assigned to the higher classification or the lowest rate in that range which is at least ten (10) salary rate ranges (approximately 5 %) higher than the current base salary rate he, or she normally receives, (inclusive of lead pay and exclusive of any other assignment or special pay additive or additivos) whichever is greater, except when placement at "E" stop will not be suffoicut to provide the ten (10) salary rate range increase. If au employee has worked, ten (f 0) consecutive days during the term of this MOU in a higher classification, the employee shall thereafter receive upgrade pay for each day the employee is assigned to work in the higher classification during the term of this MOU. 2. Assignment or special pay additives, such as 'bilingual 'pay, shift differential, special shrill pay, ate„ paid to an employee prior to becoming eligible for Temporary Upgrade Assignment Pay, will not be considered in computing the amount of higher pay to which he or she is entitled in Subparagraph 5.5C above, if the special circumstances upon which said additive is based are also applicable to the Temporary Upgrade Assignment and the employee remains eligible for such pay while in the temporary upgrade position, this amount will be added to the new salary rate range. 3. Temporary Upgrade Assignments which entail moving an employee into a classification represented by an employee unit other than that which represents his or her permanent classification shall not include any change in fringe benefits for the affected employee. 4. While working in a Temporary Upgrade Assignment, an employee will continue to accrue, and have recorded, general, special or normal salary step increases in the employee's permanent position; however, such salary increases will be paid only to maintain the minimum five percent (5 %) differential above the salary to which an employee is entitled in his or her permanent position, 22 25A -26 5.6 All assignments of personnel to positions set forth in Sections 5.1 llneugh 5.4 above shall be made or revoked at the discretion of the Dopartment Head, 5.7 Limitation on Assignment Pap Differentials. Employees who wore eligible for, assigned, and received assignment pay under section 51 of this article prior to June 30, 2013, shall continue to receive said pay under the current assignment formulas provided they continue to moat the qualifications described in the applicable assignment pay provisions of section 5,1 of this article. Employees hired after August 31, 2010 or hired before August 31, 2010, who dirt not receive assignment pay under section 5,1 of this article prior to June 30, 2013, shall not be eligible to receive it. 5.8 - areor l�ev_eloum ®rut Incentives. Employees hired hi a classification which requires an International Conference of Building Officials (ICBO), International Code Council (ICC), or other certifcato as a prorequisite to luring, either upon appointment or by the time of the ernployee's passage of probation ("regular appointment ,,), shall not be eligible for career incentive pay for that prerequisite certificate. However, they will be eligible for career incentive pay for any other certificates approved for their classification. In no event shall the application of this Career Development Hncentive Program result in an individual being eligible to earn more than twenty -five (25) salary rate ranges (approximately 12.5 %) above his or her current monthly base salary step. A. An incumbent in one of the classifications listed below will be paid at a rate set ten (10) salary rate ranges (approximately 5 %) above his or her then current base monthly salary step for each of the following: valid registration as a Registered Engineer by the State of California and valid registration as a Stractoral Engineer by the State of California (a total of twenty (20) salary rate ranges (approximately 10 %) for possession of both). Additionally, said incumbents who possess a valid certificate issued by the ICBO (or similar nationally recognized cortificating organization) in the areas of acce ssibility/usability (one specialty area), residential energy plan check, or non- residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: fivo (5) salary rate ranges (approximately 2,5 %)i an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approxirnatoly 5 %); an additional certificate flour a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7,5 %), 0 Assistaxt Engineer I o Assistant Engineer lI o Assistant Engineer- Transportation (T) o Senior Assistant Engineer o Senior Civil Engineer o Senior Engineer o Senior Traffic Engineer o Assistant flan Choolc Engineer 1' o Assistant Plan Check Engineer II 23 25A -27 o Associate Plan Check Engineer o Senior Plan Check Engineer o Senior Transportation Analyst B. An incumbent who was employed as of August 16, 1991 in the classification of Plan Examiner (T), Assistant Plan Check Engineer I or II, Associate Plan Check Engineer, Senior Plan Check Engineer and who, as of December 31, 1987, had . possessed a valid Plan Exarmner Certificate issued by the, ICBO shall continue to be paid at a rate set ten (10) salary rate ranges (approximately 5 %) above his or her then current base salary step. However, effective January 1, 1988, said ten (10) range differential shall be reduced to five (5) salary rate ranges (approximately 2,5 %) for any incumbent of said elassifications who is issued his or her initial certificate on or after Ianrtary 1, 1988, C, An incumbent In one of the classifications listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of building inspection, combination inspection, electrical inspection, mechanical inspection, plumbing inspection, combination dwelling inspection, plan examining, accessibility /usability (one (1) specialty area), residential energy plan check, or non - residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the schedule listed below. Incumbents who possess a valid certificate issued by the ICBO in combination inspecti ri may substitute this for building inspection or combination dwelling inspection; however, inerunbents shall not receive incentive pay for more than two of these three certificates, One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5 %); an additional certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5°/%); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10 %); and an additional certificate from the fifth specialty area (total of five): twenty -five (25) salary rate ranges (approximately 12.5 %), o Building Inspector o Electrical Inspector o Plumbing Inspector o Combination Building Inspector o Building Technician o Plan Examiner (T) o Senior Plumbing and Mechanical Systems Specialist 24 25A -28 o Senior Building Inspector o Senior Electrical Inspector o Senior Plumbing Inspector o Senior Combination Building Inspector o Plan Examiner(T) Electrical o Senior Electrical Systems Specialist D. Irloumbents in the classifications of; o Community Preservation Technician o Cormnunity preservation inspector o Senior Community Preservation hnspector o Community Preservation Inspector II (T) who obtain or possess a valid certificate issued by the ICBO (International Cenferenee of Building Officials), ICC (International Code Council), SCACEO (Southern Califoraia/Statewide Association of Code Enforcement Officers), CACEO (California Association of Code Enforcement Officers), or any similar nationally recognized certificating organization in any fair (4) of the following Career Development Incentive areas shall receive incentive pay worth five salary rate ranges (approximately 2,5 %) for each certificates, not to exceed five (5) certificates or a total of twenty -five salary rate ranges (approximately 12,5 %). If an incumbent has obtained four (4) such certificates from the menu below, he or she than shall be eligible to earn an additional five (5) salary rate ranges (approximately 2.5 %) pay additive upon completion of both the SCACEO /CACEO Intermediate and SCACBO /CACEO Advanced Certiftcations o Building Inspection o Electrical Inspection o Mechanical Inspection o Plumbing Inspection o Combo Dwolling Inspector o Plans Examiner o Zoning Inspection o Property Maintenance and Housing o PC 832 o Basic Module (SCACEO /CACEO) o Accessibility Inspector /Plans Examiner o Permit Technician o Coastal and Tloodplain Construction. Inspector o Disaster Response Inspector If an incumbent has already completed both the SCACEO/CACEO Intermediate and the SCACEO /CAMEO Advanmd certifications, upon completion of any other four (4) certificates From die mend above, said employee shall be eligible to receive the additional five salary rate ranges (approximately 2.5% total) pay additive for the Intermediate /Advanced certifications. In no event shall the expansion of current certificate pay opporttiunities result in an employee being eligible to earn more than twenty -five salary rate ranges (approximately 12.5 %) in pay additives for Career Development Incentives above his or her then current base monthly salary step. 25 25A -29 E. An incumbent in one of tine classifications listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized cortifcating organization) in the areas of reinforced concrete, structural masonry, structural steel/welding, electrical inspection, plumbing inspection, plans examiner, or C27 landscape contractors license, shall be paid am incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule: Ono certificate from ono specialty area, five (5) salary rate ranges (approximately 2,5 %); an additional certificate from a second specialty area (total of two); ton (10) salary rate ranges (approximately 5 %); an additional certificate from a third specialty area (total of three): flRoen (15) salary rate ranges (approximately 7.5 %); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10 %); and an additional certificate from the fifth specialty area (total of five): twenty -five (25) salary rate ranges (approximately 12.5 %), o Constr action Inspector I o Construction Inspector It An ineuumbent in the classification listed below who possess a valid certificate issued by the 1CB0 (or similar nationally recognized certificating organization) in the areas of plumbing inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass management, or certified arborist (ISA), shall be paid an incentive pay differential at a, rate sot above his or her then current base monthly salary step in accordance with the following schedule: One certificate from one specialty area: five (5) salary rate ranges (approximately 2,5 %); an additional certificate from a second specialty area (total of two); ten (10) salary rate ranges (approximately 5 %); an additional certificate from a third specialty area (total of thr•ec): fifteen (15) salary rate ranges (approximately 7,5 %); an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10 %); and an additional certificate from the fifth specialty area (total of five); twenty -five (25) salary rate ranges (approximately 12.5°/x). o Contracts Administrator G, An incumbent in one of the classifications listed below who possess a valid certificate issued by the International Society of Arboriculture (ISA) as a certified arborist shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5 %) above his or her then current base monthly salary step. o Projects Manager o Tree Maintenance Supervisor e Tree Trimmer o Maintenance Worker II (assigned to the tree crew) c Public Works Projects Specialist o Landscape Development Associate 26 25A -30 5.9 H. An incumbent in the classification listed below who possesses a valid certificate I ssued by the international Society of Arboriculture (ISA) as a certifled Tree Worker shall be paid at a rate of sat five (5) salary rate ranges (approxhnately 2.5 %) above his or her then current base monthly salary step, o Maintenance Worker 11 (assigned to the tree crew) Limitation on Career Development lhoentive � A. With the exception of employee classification listed in subsection 5.9 (B), employees covered by this MOU and already receiving career development incentive pay under section 5,8 of this article prior to June 30, 2012 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5,8 of this article shall continue to receive said pay under the current career development incentive pay fonarulas. Employees who have not received career development pay prior to the Tune 30, 2012 shall not be eligible to receive it, B. The employee classifications listed herein below covered by this MOTJ and already receiving career development incentive pay under section 5.8 of this article prier to June 30, 2013 and who continue to sleet the qualifications described in the applicable career development incentive pay provisions of section 5.8 of this article shall continue to receive said pay tinder the current career development incentive pay forYitulas. Employees in the classifications listed herein below who have not received career development pay prior to the June 30, 2013 will not thereafter be eligible to receive it. s Assistant Engineer I • Assistant Engineer II o Assistant Engineer- Transportation (I') • Senior Assistant Engineer • Senior Civil Engineer • SetuorEagineer e Senior Traffic Engineer Any employee hired after September 30, 2010 shall not be eligible to receive career development incentive pay tinder the career development incentive pay provisions of section 5.8 of this artiole. 27 25A -31 ARTICLE VI 6.0 OVERTIME 61 General olio Qr,-Overtmo Work, When it shall be determined to be in the pobfic interest for employees to perform overtime work, or in an emergency sitralion, the City Manager, the Department Read, or a duly authorized, representative of the City Manager or the Department Head, may require an employee to perform overtime work. 6,2 Definition, Overtime work is defined as Authorized or required time worked in excess of 40 hours in the workweek schedule for a particular classification and organizational unit of an employee. A workweek is a fixed and rogularly recurring period of 168 consecutive hours -- 7 consecutive 24 -hour periods — as designated by the appointing authority. An employee's work schodule within the workweek shall not be changed, to avoid payment of overtime; provided, however, nothing shall abridge management's right to establish and change work schedules and assignments in accordance witi the rights of managoinent contained in Articl,a XX, 6.3 Computation q£ For (40) Hour WorkweAk1 In computing the forty (40) hour workweek, the following type of work hours shall be included in the computation: actual hours worked, jury /witness leave and bereavement leave. Any combination of these hours in excess of forty (40) hours per work week shall entifle the employee to overtime. Work on an observed Holiday which would otherwise be a scheduled day off for the employee will be paid as overtime. Any paid time off during the workweek such as vacation leave, sick leave, holiday leave, President's Leave and Union Business Leave, as well as all unpaid leave including furlough clays shall not be counted towards the hours worked in a workweek for the computation of overtime unless the hours in excess of forty (40) hours in a workweek (including the above listed time) are worked by the employee at the requirement of rnanagennent. For example, an employee working a Monday through Friday work schedule who takes 9 hours of vacation leave on Monday and works his nonnal 31 hours Tuesday through Friday, would not eam overtime for 2 hours he vohu7teared to work extra on Saturday. However, if that same employee had been required by management to work the 2 hcrus on Saturday as opposed to volunteering, the 2 hours would be compensatcd as overtime, 6,4 Compensation fox 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, subject to the provisions of Subsection "C" below. B. Should the Department Head determine that the best interests of the City will be served thereby, he or his designee may permit an employee to be compensated for M. 25A -32 overtime, work by taking paid compensatory fine off at the rate of one and one= half (11/2) times the employee's regular base rate of pay. C, Bmployees shall have the option with Department Head approval to convert a maximum of eighty (80) hours of time and one -half (T 1/2) paid overtime (in compensation for 53 1/3 overtime hours worked) to time and one -half (T 1/2) compensatory time off benefits, Such compensatory time off shall be taken at the discretion of the employee when requested at least 72 hours in advance, subject to the operational needs and staffing requirements of the deparhnant, If the Department Head or his or her designee subsequently deco es the requested compensatory time off the employee and department will mutually agree on a future date within one year when the employee can use the paid compensatory time off. If the requested compensatory time off is not used within that one year, such compensatory overtime will be paid off in cash. D. Time off with pay to compensate for ovorthne worked may be accumulated to a maximutn of eighty (80) hours, E. Because each hour of overtime worked is program atically accrued on a time, and one -half (T 1/2) basis, compensatory time off will be taken, and monetary payment will be paid, on a straight-time basis, Also, upon termination, any earned, unused oompensatory time off ( "time,- ocn- dao- Iaooks °') will be paid on a straight -time basis. F. Time off with pay to compensate for overtime worked maybe taken in increments as small as a half (1/2) hour. G. If compensatory time off is used in excess of that available, such excess compensatory time off will, fist, be deducted front, auy available vacation benefits; finally, deducted firm the next scheduled wage or salary payment, H. Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. 'Before compensatory time off with pay may be takon, 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, I, Upon an employee's appointment to a position in which overtime may not be canned or upon an employee's separation from employinent with the City by resignation, rctlronient, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. 6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, holidays, vacation accrual, sick leave acerual and employee 29 25A -33 insurance benefits), toward the completion of probationary period, or to progression within salary rate range. 6.6 Oyer -time Work to be Minimized. To the extent that he or she is reasonably able to do so, the Department Head or his or her designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among employees of like classification and assignment. 6.7 Call, -Back Duty. Any employee covered by this MOU who is recalled to active duty from off-duty., shall be entitled to overtime pay at the rate of one and one -half (1 112) times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or three (3) hours pay at the nonnal rate of pay, whichever is greater. 6.8 Declaration of State of Emergency. Upon the occurrence of fire, flood, earihqualce, strike, riot or other catastrophe or emergency which directly affects City operations or the welfare of the City's citizens, the City Manager may declare a state of emergency to exist. Upon the declaration of a state of emergency, the City Manager may require any or all regul ar full -time employees of the City to work overtime or off-shill as he or she shall determine to protect life and property within the City. 6.9 Applicabilit�of Fair�Labor Stand.arcls Act. The parties agree that if the applicability of the Fair 'Labor Stundard,s Act to local goverunental entities is eliminated by either legislative or judicial action, they shall meet and confer regarding any proposed changes to this MOU; however, no such changes shall be made except on mutual agreement. 6.10 Court A neurones. Compensation for court appearance by employees covered by this MOU shall be as follows: A. For each required court appearance made by an employee during his or her off. duty time in regard to City business, said employee shall be paid overtime for the period of time from their arrival at court wrtil 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 separate court appearances are made both in the morning and afternoon of a particular day, a minimum of two (2) hours overtime will be allowed for each session attended. If the employee is not released from a morning session and roust 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 hot attendance to initiate payroll procedures, B. A subpoenaed employee scheduled to appear in court on City business during off - duty time may be placed on standby status by the Department Head or his or her authorized representative if the employee can respond to the court, if called, 30 25A -34 within 60 minutes of the employee's notification, Ta the event such off-duty employee is on standby status during any court session and is not required to appear in court, such employee shall be compensated two (2) hours on a straight tune basis, for each said court session. Such employee may elect, in lieu of paid time, two (2) hours of compensatory time off for standby time and not appearing in ootirt, with the approval of the Department Head, if such off duty employee on standby actually appears in court, he or she shall be compensated as provided in Subsection A, 31 26A -35 ARTICLE VII 7.01RAINING & EDUCATIONAL ASSISTANCE PROORAlvl 7.1 Purpose. A, To encourage the employees of tie 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 finaaroial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions slid procedures whereby such assistance may be provided. 7.2 Eli. ibiliC . A. Applications for tuition reimbursement will be considered only from full -time, permanent City employees who have completed, probation. B. Employees receiving financial assistance from other sources such as the G.I. Bill, scholarships, etc, shall be cagible for reimbursement, subject to Section 7.3 C, in an amount not to exceed the difference between the cost of tuition and the amount of the other financial assistance received, C, Applications will be approved only for co'arses 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 Linder the sponsorship of a Board of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal couuse of instruction within the curriuuhrm 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. 32 25A -36 G. When an employee is required by his or her Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department. 7.3 Reimbursement, A, , Reimbursement will be based on the cost of tuition, required enrollment /registration fees, related miscellaneous fees (health, parking, student union fees, equipment, etc.), all required texts /el3ooks, and related materials for each course. Additional expenses, such as meals and lodging are not reimbursable. E. Costs for required texts are eligible for one hrurdred peroent (100 0/0) reimbursement subject to the following oonrhtions: That a duplicate of the required text(s) was unavailable for loan from the departmental libraries prior to the cormencemem of course work; 2. That any textbook(s) purchased by the City sha11 be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees, C. Upon City Council approval, the maximurn tuition reimbursement is two thousand five hundred dollars ($2,500) per fiscal year, which the employee may claim either as costs are incurred during the year or as one hunp stun. 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" "nits per semester. One (1) "quarter" unit shall equal two - thirds (2/3) of one (1) "semester" unit. 7.4 Procedures. A, An employee who desires to seek runner' feinnbursonrent under the provisions of this Article nuist complete, in duplicate, an Application for Training and Educational Assistance Form and submit it to his or her Department Head prior to the commencement of class(es) or the payment of fees for registration/tuition, )3, The Department dead will recommend approval or disapproval based on, established criteria and budgetary constraints and then forward the application to the Executive Director of Personnel Services. C. The Executive .Director of Personnel Services or his or her designee will approve or disapprove the application for the City Manager. One copy will be returned. to 33 25A -37 the employee and the duplicate will be retained by the Personnel Services Department. It is advisable That the applioant accomplish the procodure so far described in order to ascertain the eligibility of the intended coarse of instruction for reimbursement Wunder the provisions of this policy prior to the inception of the course or disbursement of personal finds, D. The employee will submit his or her copy of Cho approved application to the Personnel Scrvices Dopu-hnant within throe (3) months after he or she has completed the course and received his or her final grade, Such employee must include official verification of his or her final grade with appropriate receipts for tuition and textbook costs. These will be retirnied to the omployeo upon request. Applications not submitted to the Personnel Services Department within three (3) months following completion of the course become void. E. Upon receipt of the application and required documentation, the Personnel Services Department will determine whether the completed course of instruction is compatible with the provisions of this Article and will compute the amount of reimbursement, authenticate the application and forward it to the employee's Department Head. The Department IIoad will then authorize the Finance & Management Services Department to reimburse the employee the approved amount out of the budget of the department concerned. 34 25A -38 ARTICLE VIII 8.0 HOLIDAYS .8.1 Legal holidays observed by fall -timo permanent and probationary employees of the City of Santa Ana are as follows: a January I - Now Year's Day, o Third (P) Monday in January - In observance of Martin Luther I {ing, Yr.'s Birthday, o Third (P) Monday in February - In obsorvance of President's Day. o Last Monday in May - In corrunemoralion of Memorial pay, o July 4a' - In observance of Independence Day, o First (V) Monday in September - In observanoe of Labor pay, o November 1161- In observance of Vetoran's Day. o Fourth (4a') Thursday in November - In observance of Thanksgiving Day, o The Friday immediately following Thanksgiving Day, o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu tbereof. o December 25"' - In observance of Christmas Day. o One (1) Floating Holiday - Any workday soleoted by the employee with prior permission of the employee's supervisor. o Every day proclaimed by the Mayor of the City as a holiday for City employees. o Any holiday which falls on a Sunday will be observed on the following Monday, o Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. 8.2 Holidays -Shift Pc sormel and Ernnloyee5 on Alterirate Work Schedules, A. Full-61110 employces whose regularly scheduled days off are other than Saturday and Sunday shall be entitled to receive twelve (12) working days off during the year in lieu of the holiday benefits specified in Section 8,1 above. However, 35 25A -39 omployees with alternative work sched'ales in the Community Preservation, Police Records, Correctional Records, Moot Services Divisions, and omployeos on a 9/80 work schedule shall be credited with 96 hours of Holiday Time at the beginning of every calendar year in lieu of twelve (12) holidays in the year. If any employee working in the above referenced categories separates from employment prior to December 31 of any year and has exhausted 96 }tours of holiday time, the value of horns not yet acomed but used shall be deducted from the final paychock, B. Said substitute holidays may be scheduled by the Department Head or his or her designee, normally during the same month that the holiday is observed by other City employees. An employee untitled to time off in lien of holidays shall receive that time off in proportion to his or her service at Rill pay in such capacity during the year, 83 Modified Holiday Schedule - Library Fannloyeos. Pull -time employees assigned to the Library Department shall, during the term of this MOU, observe holidays on the dates specified in Section 8,1 above. 8.4 A newly appointed employee must actually work one (1) daypreceding the day a holiday listed nr Section 8.1 actually occurs in order to receive credit for such holiday during the month in which it occut;s. An employee separating from the service of the City must be in a paid status one (1) day preceding and one (1) day following the day a holiday listed in Section 8.1 actually occurs in order to receive compensation for the holiday, A newly appointed employee must complete six (6) months of continuous full -time service in order to receive credit for the Floating Holiday listed in Section I above. 8.5 Holiday time may be taken in increments of one-half (1/2) hour. 8.6 Holiday benefits may not be carried over flora one (1) calendar year to the next. 36 2.51. A -40 ARTICLE IX 9.0 VACATION 9.1 PLUpose, 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, 9.2 Vacation, A. Effective January 1, 2016, the regular and longevity vacation accruals of bargaining unit members shall be combined into one single vacation bank, The accrual rates will remain the same. However, after January 1, 2016 there will no longer be a reference to longevity vacation, Longevity vacation earned but not advanced in 2015 will be credited to the elnployce's vacation bank effective January 1, 2016. Thereafter, members shall accrue the combined vacation with pay on a monthly basis as set forth in the following table. Completed Years Annual Vacation Hours Accrued Monthly Accrual Rate 1 80 6.67 2 80 6,67 3 120 10.00 4 120 10,00 5 120 10.00 6 124 10.33 7 128 10.67 11.00 136 11.33 140 1167 W132 144 12.00 148 12.33 152 12.67 14 156 13.00 1.5 160 13.33 16 168 14,00 17 176 14.67 18 184 15.33 19 192 16,00 20 or more 200 16,67 37 25A -41 F3, An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of se7-vico 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 employce may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor, D. Vacation time off may be taken in increments as small as one -half (1/2) hour, with fractional usage rounded upward to the next higher multiple of ore -half (1/2), R Upon completion of two (2) years of continuous service, each employee must take at least five (5) consecutive working days of vacation off each year thereafter. P. Computation of Vacation. 1. In computing vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have workod had he or she not been on vacation, shall be deducted from the computation so that one (1) additional day of 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 siclmess or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Department Head, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave as available, 2. No employee may carry over from one (1) calendar year to the next, more than the equivalent of two (2) regular vacation poricds from the previous two (2) years, and vacation not taken beyond that amount is forfeited, A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. 3. The time at which an employee. shall take his or her vacation shall be determined by the Department Head, with due regard for the wishes of the employee and particular regard for the needs of the service, 4. A period of earlier service does not apply toward 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 91 25A-42 the Civil Service Rules and Regulations, or by reemployment From layoff within one (1) year, Leave of absences without pay, as provided. in Article X - Other Leaves of Absence, Section 10.1 E - Sick Leave -- Extended; Article X W- Other Leaves of Absence, Section 10,8 - Authorized Absence Without Pay - Lang Term; and Article XXIiI — Miscellaneous provisions, Section 233 - Catastrophic Leave, do 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 vacation. Absences due to Military leave followed by reinstatement, as provided in Section 9.143 of the Civil Service Rules aid Regulations, do not constitute a break in service, and the period of absence On such military leave shall be applied toward the accumulation of vacation, O. Vacation Bu -Bank. Effective July 1, 2015 Env June 30, 2016, employees covered by this MOU sha11 be given an option once pet• fiscal year, to receive cash compensation computed on a straight time basis in lieu of up to a total of one- hundred (100) hours of their banked vacation leave benefits. 2. Effective July 1, 2016, employees covered by this MOU shall be given an option once Per fiscal your, to receive cash compensation computed on a straight time basis in lieu of up to a total of eighty (80) hours of their banked vacation leave benefits. 9.3 Lan ovity Vacat on. A. Longevity vacation accntal shall be operative only through December 31, 2015, Effective January 1, 2016, all employees covered by this MOU shall acorue vacation governed solely by Seotion 9.2 B. All current and re- employed employees eligible to receive longevity vacation as of October 20, 2010 shall retain rights to both the existing longevity vacation accrual Or oash out program operative only through December 31, 2015, Employees employed as of October 20, 2010 who wore not yet eligible to received longevity vacation and any employee hired, after October 20, 2010 will not obtain any rights to the longevity vacation accrual or cash -out program Operative only through December 31, 2015. , C. Each permanent employee is granted additional work days of vacation leave with Pay for 04011 completed year of full -time, continuous city service as set fbrl:h in the following table, This additional vacation shall be designated as longevity vacation. 39 2SA -43 Completed Years Additional Days hourly Equivalent of Additional Days 6 %z 4 7 1 8 8 1 % 9 2 10 2 % 11 3 M28 12 3 % 13 4 14 4 Vz 15 5 40 1.6 6 48 17 7 56 18 8 64 19 9 _ 72 20 10 8o G No cmployee becomes eligible for longevity vaoatior until completion of the sixth (6`) year of continuous service, and each employee continues to carp the maximum of ten (10) working clays (80 hours) of longevity vacation for each completed year of service in excess of twenty (20) years, 9.4 Limitation on Vacation, With the exception of a rodring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days or four hundred (400) hours in any one year, 9,5 Vacation Carry -fiver. A. No employee may carry over from one (1) calendar year to the next, more than the maximiun vacation carryover as set forth in the following table. Any vacation not used beyond the maximum carryover amount from year to year is forfeited, meaning that no pay shall be received for such unused vacation at any time. Notwithstanding the foregoing, for any affected employee who is in jeopardy of losing vacation because of department staffing needs, may with approval of die Department Head, Executive Director of personnel Services and City Manager, receive a 30 -day extension beyond the normal cutoff date so that such employee will not lose vacation time. IN 25A -44 9.6 Excess Usage, if vaoal;icn time off is used in excess of that available, such excess vacation time off will, first, be deducted from any available compensatory time off accrual; finally, deducted from the next scheduled salarypayrnent. 9.7 Effect of Extended Sick leave oil Vacation Aeoruat Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for vacation actual purposes. 41 25A -45 ax yover 0 60 00 40 t 40 4452 60 8 6 4 2 13 300 14 308 15 316 16 328 17 344 18 360 19 37b 20 392 21 or more 400 9.6 Excess Usage, if vaoal;icn time off is used in excess of that available, such excess vacation time off will, first, be deducted from any available compensatory time off accrual; finally, deducted from the next scheduled salarypayrnent. 9.7 Effect of Extended Sick leave oil Vacation Aeoruat Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for vacation actual purposes. 41 25A -45 ARTICLE X 10.0 OTHER LEAVES OF ABSENCE 10.1 S1Ck Leave. A. Definition California's Healthy Workplaces /Healthy Families Act. of 2014 (AB1522) also known as California's Paid Sick Leave Law, requires the City to provide paid sick Ieave to eligible employees upon oral or written request, within the parameters of the Iaw, for the following purposes: s Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee or an employee's qualified family member; a Specified purposes for an employee who is a. victim or domestic violence, sexual assault, or stalking. B. Accrual. Each employee shall be entitled to, and shall earn an eight (S) hour working day 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. 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, as authorized in Subsection A above and 7 below. 2. When an accepted industrial illness or injury has caused an employee's absenco, for which benefits are required under the State Workers' Compensation Insuramco and Safety Act, paid sick leave will be processed during the first three (3) consecutive days of the statutory waiting period, If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City will deduct the urrrcoovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. If the employee remains off work longer than fourteen (14) days due to the same workers' compensation related illness of injury, the employee will have the three (3) sick days used re- credited back to his M 25A -46 or her acoonat. The City pays the employee workers' cornponsation benefits for such illness or injury starting on the fourth (0) day. ,The City may authorize employees to use sick leave, vacation, or compensatory tirne for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D. Unit. Sick accrual will be capped at sixteen hundred (1,600) hours or two hundred (200), eight (8) hour working days. Sick leave usage shall be charged in minimum increments of a half (1/2) hour, Fractional usage under a half (1/2) hour shall be rounded up to the next higher multiple of a half (1/2) hour. E, Extended. The City Manager may grant medical leave of up to six (6) months without pay to an employee who has exhausted all of his or her accrued sick leave if a licensed physician indicates that the employee will be sufficiently recovered to return to his or her employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his or her position provided, that the employee has a medical certificate from a licensed physician stating that the employee is able to return to work and per form all the duties of his or her position without work restrictions. In addition to the above, the City Manager may grant an additional extension not to exceed a total of one (1) year without pay. F. Extension by Use of Accrued ComnensatorYlimo Off and /or Vaeation. After an omployco's aiok leave has been exhausted, he or she may be granted pernrissi.on to first use any unused compensatory time off benefits and then any unused and available vacation leave. G, NatiN. All employee taking sick leave shall notify his or her immediato supervisor either prior to or within forty (4) hours after the time he or she is scheduled to report for ditty, or as otherwise established by his or her department. When the absence is for more than three (3) consecutive working days, upon return to work the omployee must present to his or her Dopartment Read a. Physician's certificate providing a medical opinion that the employee could not report to work because of such illness or injury, and advising that the employee is sufficiently recovered to safely return to work. Such certificate shall be forwarded to the ExecufivQ Director of Personnel. Services. Upon written request by a Department Head or his designee to an employee, a. Physician's catificato or other satisfactory written evidence of actual 'illness or injury may be required after any future absence of any duration less than three (3) 43 Cf MA 7, clays, Such, written notice shall be approved by the Department Bead or designee and the stated reason therefore. 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 because of sickness or injury sustained while engaged in employment, other than employment by the City, for monetary gain or other compensation; or due to other reasons resulting from engaging in any business or activity for the purpose of personal monetary gain or other compensation. T, Excess Usage, If sick leave is used in excess of that due and available, such excess sick leave will first be, deducted from any available compensatory time off bencfit, then from any available vacation leave benefit, and finally front the next scheduled salary payment. J. Necessity Leave. Each employee shall be afforded the opportunity to use up to 48 hours of sick leave per calendar year, on a non - cumulative basis, as personal necessity leave. Personal necessity leave may be used to attend tc an illness of a child, parent, or spouse of the employee, As used in this section, "child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; "parent" means a biological, foster, adoptive parent, a stepparent, or a legal guardian; and "immediate family" means any member of the employee's household related by blood or marriage; a parent, parent -in -law, spouse, child, brother, sister, grandparent, or grandchild of the employee, regardless of residence; any other relative of the employee by blood or marriage, where it can be established by the employee that the employee's presence is required to handle emergency arrangements and /or other matters. Necessity leave may also be used: a) to attend to a serious accident to members of the employee's immediate family; b) childbirth; e) to cope with imminent danger to the employee's family, home, or other valuable property; d) when the existence of external circumstances beyond the employee's control make it impossible fbr him or her to report for duty; or e) attend to medical or dental appointments for members of the employee's household. K PWneut for Unused Sick Leave, 1. Except in cases of disability retirement, upon non - disciplinary termination of employment and ten (10) years of cumulative full -time service with the City, an employee shall be entitled to receive partial payment of their total accrued and unused sick leave balance upon the effective date of such termination and at the rate of pay effective on the date of such termination. At the employee's election, payment may be issued in either a lump surn or in equal monthly payments for a period of up to five (5) years, 44 25A-48 For employees who have at least ton (10) years of service with the City prior to October 1, 2010, the maximum sick leave cash -out after ten (10) Years of service shall be equal to one thud (1/3) of accrued sick leave up to a maximum of four hundred twenty -seven (427) hours. For amployces who had less than ten (IQ) years of servico with the City as of September 30, 2010, the maximum sick leave cash-out after ten (10) ,years of service shall be equal to three hundred twenty five (325) hours, A lump sum payment shall be made to the beneficiaries of any eligible employes whose death occurs while such employee is an active employee of the City, Such payment shall be in the amount as described above and at the rate of pay effeotive on the date of death. . 2. An employee may elect to convert any lump sum payment provided in this section into health insurance promiuns, to the extent necessary to provide the employee and his or her designated eligible dependents, if any, with benefits under the health insuuance program maintained by the City. The City's obligation to pay such premium shall terminate upon the happening of any of the following events: a. Premiums have been paid on behalf of the former employee until all monies are exhausted; or b, The sum of premiums paid equals ono hundred fifty percent (150°/x) of the amount of the liimp sum payment that the employee would have received for uunused sick leave benefits had this option not been elected. c. Except in cases of disability retirement, upon non - disciplinary tornlination of employment after fifteen (15) years of cumulative full -tune) service with the City, each qualified employee shall be entitled to payment for two- thirds (2/3) of the total sick leava benefit credited, to his or her account upon the effective date of such term {nation to be applied toward health insurance premiums only as speoified in Section K (2) above excluding Subsections a and b. cl. Ernptoycos covered by this .MOU may apply any payments for unused sick leave as described above) to a Retirement Health Savings Account (RIBS) as described in Article 11,6, e. Employees that retire after ratification of this MOU but prior to the RHS Plan being established will have the option to have any payments as described above for unused sick leave directed into their individual RFIS account once established. 45 25A -49 10.2 Boreavoment Leave. A, An employee shall be granted up to three (3) working days of paid bereavement leave in case of death of a member of the employee's immediate family. "Irmnedia.te family" as used in this section is limited to: 1, Any member of the employee's household related by blood or marriage; 2. A parent, parent -in -law, stepparent, spouse, child, stepchild, brother, stepbrother, sister, stepsister, grandparent or grandchild of the employee, regardless of residence; 3. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and /or matters of estate. . B. An. employee may use up to sixteen (16) hours of additional leave charged to their Personal Necessity Leave balance when authorized by their Department Head, 103 Military Leave. A. Proof of Orders and Reinstatcments. An employee shall be granted military leave if he or she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to report for duty. Upon return and upon showing of Proof of actual service pursuant to such orders, he or she will be reinstated as provided in Section 143 of the Civil Service Rules and Regulations of the City of Santa Ana, B. Tem rare. Members of the reserve forces of the United States, or the National Cntard, granted temporary leave when ordered to duty will be granted leave with pay not to exceed thirty (3 0) working days in each calendar year after one (1) year of so-vice with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 10.4 Jury nd Witness Leave, When an on -duty employee is called to serve as ajuror or non- party witness in any court action, he or she shall be allowed to leave for the time actually required for such service without loss of pay, Each on -duty, employee called for such service shall present his or her Department Head 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. 105 Examination Leave, Employees participating in examinations_ conducted during their norinal working hours for positions in the competitive service of the City of Santa Ana 46 25A -5o will be granted leave with pay for the time actually required without loss of any accrued vacation time off benefits. 10.6 Unauthorized Absence, Unauthorized absonce from duty for any duration of time may be considered cause for dismissal, Absence from duty without approved leave for five (5) consecutive working clays shall be deemed a resignation from the service; provided, however, if the employee returns to work and provides an explanation for such absence which his or her Department Head finds satisfactory, the Department Head may restore the employee to his or her position, with the City Manager's approval, 10.7 Authorized Absence Without Pa - Short Term, Absence without pay not to exceed five (5) consecutive working days may be authorized by the Department Head. Absence without pay up to fifteen (15) calendar days may be authorized by the Department Head with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Department Head it saves the best interest of the City. 10.8 Authorized Absence Without Pay - Lone Term. Upon receipt of a written request from an omployee having permanent status and recommendation of approval by the Department Head, the City Manager may grant a leave of absence without pay for up to six (6) months, Additionally, the City Manager may grant an unpaid leave of absence extension of up to one (1) year., An employee returning to duty with the City from such leave of absence shall inform the Department Head and the Executive Director of Personnol Services of his or her intention at least thirty (30) calendar days prior to the expiration of the leave of absence. [;pon receipt of such notice, the Department Head will take steps necessary to restore tare employee to his or her former position, 10.9 IndustLial Leave, Any period of time during which an otnployce 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 brealc in continuous service for the purpose of his or her rigbt to salary adjustments or to the accrual of vacation and seniority, 10.10 Pregnancy Disability Leave. Employees may take an unpaid leave of absence during pregnancy disability consistent with the Pregnancy Disability Law (PDL), Family Medical Leave Act (FM.LA) anchor California Family Rights Act (CFBA), A preguant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion Of the City Manager, for a total of up to six (6) months in which to recover from the disability. As with all other tomporary disabilities, a physician's certificate is required to verify The extent and duration of the temporary disability. An employee who plans to Wco pregnancy leave must give reasonable notice of at least four (4) weeks before the commencement of the leave and include the estimated duration of the leave. The City 47 25A -51 vdll continue to contribute towards Health and welfare insivance coverage in accordance with state and federal legislation, The employee will be required to pay a cash premiimi to continue coverage while on a leave of absence without pay, 48 25A -52 ARTICLE XI 11.0 EMPLOYEE INSURANCE 11.1 Flealth lnstiranee, The City shall contribute toward the payment of premhtms for affected employees and their dependents under the existing health insurance programs or new Program or programs providing substantially similar or improved coverage and bonefits selected in accordance with procedures in effect on the effective date of this MOU: A. Effective January 1, 2016, the City's contributions for medical insurance wilt be inoroased and indexed to the Kaiser Permanente IIMO Other Souther California plan, as dotorininod by the employees' coverage selection available through CaIPERS. S. Any contribution necossary to maintain benefits under said medical plans in excess of the amount sot forth above shaft be borne entirely by the employee. C. An employee who is covered tmdor a spouse's non -City sponsored health plan and voluntarily waives, in writing, their City paid health insurance coverage will receive a cash payment each month in an amoturt equal to 50% of the total monthly premium amount for the City, s lowest "employee- only" coverage. 11.2 Dental Insurance, The City shall contribute a maximum amount of up to ninety ($90) dollars per month per employee toward the payment of premiums for dental insurance plans provided by the City for employees covered by this MOIJ and their eligible dependents.. Any contribution necossary to maintain benefits under said dental plans in excess of the amount set forth above shall be borne entirely by the employee, 11.3 Long -Tort Disability (LTDI Insurance. The City shall contribute up to ten dollars and thirty -nhac cents ($10,39) per month to employees enrolled in the 130 day elimination period LTD plan. For employeos who elect to upgrade their LTD benefit coverage to a 60 day elimination period plan, the City will contribute up to eleven dollars ($11,00) per month. Any amount necessary to maintain benefits under the long term disability insurance plans provided by the City in excess of the amounts set forth above shall be borne by the employee. 11.4 Life Insurane , The City shall provide its employees with a twenty thousand dollar ($20,000) term life insurance policy and a twenty thousand dollar ($20,000) Accidental Death and Dismemberment (AD &D) coverage at no cost to the employee. 11.5 When there is a need to discuss matters relating to employee insurance and the City believes it would be beneficial to involve an Insurance Committee, the Union shalt have an equal number of representatives as the City on such a committee to meet as necessary. 49 25A -53 11.6 Medical Retirement Subsidy Plan, Based on the first payroll period in July and no later than July 31st each year, the City shall contribute to a fund an amount of money equal to 1.75% of the bargaining unit's salary base for the purpose of providing a retiree health insurance subsidy plan. Eligibility for and the specific payments made to members of the bargaining unit pursuant to this plan . shall be designated at the sole discretion of SEIU. The plan shall be administered by the City, at no cost to the Union or its members pursuant to the written directives of SBIU. The Rands contributed by the City will be maintained in such a manner as to insure that the funds are invested in a reasonably scoure plan that bears a reasonable rate of intorest/growth given ourrent financial markets. For purposes of this MOU, investments made pursuant to the then current Statemont of Investment Policy for the City of Santa Ana, shall be deemed to meet the requirements of this section. This program is for medical insurance premium reduetien only. Upon Council approval, the City's annual contribution of 1,75% deposited in the Medical Retirement Subsidy Plan shall cease. 2. The Union agrees to dissolve the existing Medical Retirement Subsidy Plan by June 30, 2016 unless the deadline has been extended by mutual agrecrncnt of SEIU and the City. SEW will advise the City as to distribution of the balance of funds in account agrees to defend the City against, and 'indemnify the City for, any liability and damages incurred by the City as a result of the dissolution of the SEIU Medical Retirement Subsidy Plan, 11.7 Retirement Health Savings Plan (RHS), A. The City agrees to amend the current contract with ICMA -RC to allow SEIU members to participate in the "Vantage Care" Retirement Health Savings Plan effective January 1, 2016, or as soon as the individual RHS accounts are established. Upon establishment of the RHS Accounts, the City and Union agree to the following elements; 1. T"he City will increase the base pay of each SEIU member by 1.25% with said amount being deposited into employees' individual RHS accounts each pay period. This 1,25% increase in base is in -lieu of the Annual City Contribution of 1.75% paid to the Medical Retirement Subsidy fund in July each year. 2. Upon retirement, an individual's accrued leave balances wi1L be directed into the individual's RHS account based. on the plan guidelines deterained, by SEIU. 50 2BA -54 3, SEIU members who notify the City, in writing, of their intent to retire within 12 calendar months from the date of retirement shall be allowed to cash out any accrued leave balances that would be directed into the individual's RRS account on their final paycheolc. Upon request, employees shall receive payment as soon as practical, and no longer tban 30 days after the request has been made, if the employee cashes out his or her eligible sick leave barilc balances prior to retirement mitt subsequently does not retire from the City, all future sick leave accrual for the employee shall be subject to the same cash out provision elected and will be processed on the final paycheck. All combined cash outs cannot exceed what the employee would have been entitled to if the cash out was processed on the final payeheak only. All cash outs are processed based on the employees' salary at the time of the cash out and not subject to any adjustments due to future salary increases, 11.6 Vision Plan, The City shall offer a vision plan for employees covered by this MOU, All Premium costs shall be paid by the employee through payroll, deductions. 51 25A -55 ARTICLE XII 12.0 RETIREMENT 12.1 Goner . The terms of the, existing contract between the City and California Public Employees' Retirement System (COPERS) governing the City retirement benefits for employees are incorporated by reference hercin, The City shall continue to make contributions to (CalPERS) in accordance with its contract with CalPERS for employees covered by said contract as amended, 12.2 Doforrgd Retiremont. The City shall continue to make payment to CalPERS on behalf of each employee covered by this MOU in accordance with the following schedule; A, With respect to Miscellaneous employees covered by this MOU who do not qualify as "New Members" under the California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall pay an amount necessary to pay one hundred percent (100 %) of his or her individual retirement contribution which is equal to eight percent (8 %). Such payments shall be credited to the individual employee's COPERS account Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this MOTJ 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 continuing that these payments are deferred compensation, not ordinary income, In the event that the City receives a titling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each said employee shall forthwith be increased by sixteen (16) salary rate ranges (8 0/o), 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. 12.3 Credit for Unused Sick Leave. Employees covered by this MOU, can have unused aocuumlated sick leave at the tune of retirement converted to additional service credit at the rate of 0.004 years of service credit for each day of unused sick leave (i.e,, 200 clays of sick leave equals ,8 additional years of service credit). The City most report only those days of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation from employment. 52 25A -56 12.4 Military-Service Credit as Public Service. Employees covered by this MOU 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 contributo an amount equal to the contribution for ourrent and prior service that the employee and the employer would have made with respect to that period of service, 12.5 2.7° /n at 55 Service Retirement Benefit for Miscellancous 2 — lloyces. The City contracts with CaIPERS to provide Miscellaneous employees who do not qualify as "New Members" under PEPRA, with the 17% at 55 Service Retirement benefit, Effective July 1, 2015, the employee contribution rate for Miscellaneous employees who do not qualify as "New Members" raider PEPR.A shall be reduced from nine (9 %) percent to eight (S %) of CaIPERS reportable compensation, All employee contributions for retirement benefits are paid to the employer portion of the City's CaIPERS contribution. This payment shall be paid in accordance with Government Code section 20516({). 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. 12.6 2% @ 62 Service Reiirernent Benefit for 'Neww Member•" Miscellaneous em to ees. The City agrees to provide Miscellaneous employees covered by this M OU who are defined as "New Members" within the meaning of the California, Public Employees' Pension Reform Act ( PEPRA) of 2013 with the 21/o © 62 Service Retirement benefit. 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 MOD 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. 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 liar retirement, or some other 36 consecutive month period designated by the member, Employees covered under the 2% @r 62 retirement formula shall pay one half of the normal cost rate as established by CaIPERS, Pro - Taxable Benofrt. To the extent permitted by CaIPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre -tax contributions, 53 25A -57 ARTICLE XIII 13.0 TOOL REIMBURSEMENT POLICY 13.1 Employees classified as Fleet Equipment Technician I, 11, or III, or Fleet Egviptneat Supervisor shall continue to provide such tools as are ordinarily i.ised in the trade which shall be the personal tools of tho mechanic. The City will continua with one (1) or more vendors' accounts for said employees who have at least one (1) year of service in such classifications, Effective July 1, 20151, such employecs shall be allowed up to one thousand one hundred dollars ($1,100) per fiscal year with such vendor(s) in order to purchase tools which, in the solo determination of the Fleet Services Manager, are necessary for the performance of such employees' job duties. Employees will be allowed to carry over their unused tool allowances for not byre than two consecutive fiscal years. The City shall boar no liability or responsibility in replacing lost or stolen tools except as provided in this Section. 54 25A -58 ARTICLE XIV 14.0 UNIFORM MAINTENANCE 14.1 All employees who are required by the City to wear• a uniform while on duty shall continue to be provided with seven (7) sets of clean uniforms every two (2) weeks at no cost to the employees. All field/yard maintenance, eustodial and equipment repair employees shall be provided with eleven (11) clean sets every two (2) weeks at no cost to the mnptoyees, All Police Records Personnel and the Senior Office Assistants assigned to the traffic window shall be provided with three (3) sets of uniforms made of Dacron and one (1) wool sweater, The Union agrees that any such employee who wishes to be provided with one (1) or more additional clean sets per week above the amowits specified above will be required to pay the extra cost incurred for such additional set(s). 55 25A -59 ARTICLE XV 15,0 SAFETY 15.1 General. The City and the employees of the City agree to comply with all applicable Federal, State, Local, and City of Santa Ana laws and regulatiom, which relate to health and safety. 15.2 Central Sa£et -CCanunittee. The Union may designate two (2) representatives and two (2) alternates to serve on the City's Central Safety Committee, 15.3 Safety Shoe . A. Effective July 1, 2015 the City agrees to pay up to three hundred dollars ($300) per fiscal year per employee, for the purchase said /or repair of approved, safety shoes /boots. The option of purchase and /or repair shall be at the sole discretion of each employee. Employees will be allowed to use this allowance to purchase insoles or other boot related accessories, B. Code Enforcement employees who are regularly assigned to work involving confiscation or retrieval of evidence or who must regularly outer dangerous or abandoned properties will be eligible for a boot allowance, Code Enforcement employees will be allowed to use this allowance to purchase uniform shirts. C. All safety shoes/boots purchased larder this program, must have steel reinforced toes, insteps and bear the official stamp of approval from the American National Standards Institute (ANSI), z -41. D, If a particular classification of employment is designated as requiring its incumbents to wear safety shoes, then it will be mandatory for all incumbents of that classification to wear the type of safety shoes (boot or low- quarter) damned to be appropriate by the Department Head. (Some exemptions may be allowed, on a case-by -case basis, depending an the type and amount of exposure to hazardous conditions in particular positions and subject to the approval or disapproval of the City's Safety Officer,) E. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. 56 25A -60 ARTICLE XVI 16,0 RESIDENCY 16,1 Employees covered by this MOU are permitted to reside outside the limits of Santa Ana so long as such residency is not an unreasonable distance from, nor requires an ut reasonable response time to the employee's place of employment, It shall not be deemed an unreasonable distance within the meaning of this section if the employee resides within the area of a circle drawn with the City Mall of the City of Santa Ana as the center and the radius of which extends to the southernmost point of the County of Orange, or if the employee otherwise resides within twenty -fiva (25) miles of regularly scheduled Metrolinlc, bus, or other common carrier transportation service to Orange County, A. Any employee desiring to take advantage of the opportunity to reside outside of the area stated within this section shall first request permission to do so fiom the Department Bead, Said request shall be granted by the Department Head if he or she determines the intended residence is not an unreasonable distance from the amployee's place of employment and /or does not mquiro an unreasonable response time to the employee's place of employment. B. If the Department Head refuses the said request, the employee shall have a right to appeal said determination to the City Manager. 57 zsa -61 ARTICLE XVII 17.0 GRIEVANCE REVIEW PROCEDURE 17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this MOU, or of the rules and regulations governing personnel practices or working conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by those provisions of the City Charter and the Civil Service Rules and Regulations. Upon City Council approval, employees may dispute any written reprimand fled in their official personnel file through the grievance procedure, 17.2 Informal Pxoeess -First Steu, A. An employee and/or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, 'but in no case, beyond a period of fifteen (15) working days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance, B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. in order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) working days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the native of the action desired, sign it, and submit it in duplicate to the employee's Department Head.. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within fifteen (15) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived, D. Any resolution of the grievance at the informal stage by any person other than a middle manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this MOU. 17.3 Formal Process. A. Second Step. The Department Head or his or her designated representative shall meet with the employee and /or the employee's designated representative within fifteen (15) working days after the grievance has been submitted to the M 25A -62 Department Bead, The Department Head, or his or her designated . representative, shall review the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and /or the employee's designated representative within ten (10) working days after said meeting, B. Third Stec. If the grievance is not satisfactorily resolved at the Second Step, the employee and /or the ernpioyee's representative may submit the grievance in writing to the City Manager or his or her designated representative within thirty (30) days of being informed of the disposition made at the Second Step, Failure of the grievant and/or his or her designated representative to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the disposition made at the Second Step, The City Manager or his or her designated representative shall meet with the employee and /or the employee's designated representative within fifteen (15) worldng days after submission of the grievance, The City Manager, or his or her designated representative, after careful review, may affirul, reverse, or modify the disposition made at tine Second Step and his or her decision, whicb shall be final and binding, shall be delivered in writing, to the employee andlor the employee's designated representative within frfteon (15) working days after said meeting. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Managor's or his or her representative's written decision, shall be filed in the personnel records of the department and the grievant's personnel jacket maintained In the City Personnel Services Department. C. Fourth Stems. If the grievance is not resolved at the third stop, the Union may request that the grievance be submitted to advisory arbitration for issuance of a recommendation, The 'Union must advise the Personnel Department within 10 calendar days of receipt of the decision from the City Manager at Step 3 of its desire to request to have the matter considered by arr arbitrator. Upon request to submit the matter to arbitration, unless the parties can agree on an arbitrator to hear the grievanoo, the City will request a list of seven arbitrators frotn the State Mediation and Conciliation Service. Upon receipt of the list, the parties will strike names with the Union striking first, Once an arbitrator is selected, he/she will conduct a 'hearing regarding the grievance. The cost of the arbitrator shall be equally shared between SEIU and the City. Once the arbitrator issues his /her advisory recommendation to the parties, the recommendation shall be submitted to the City Manager who will make a final decision on the grievance within 20 days of his/her receipt of the recormmendation. 17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to ptirxsuo said grievance under the law. 59 25A -63 ARTICLE XVJU 18.0 UNION RIGHTS 18.1 Release Time for Union Gr•ievaneo Raprescrrtatives. The Union shall have the right to appoinVelect a reasonable numbor of representatives who are reoognized by file City as officers or work site leaders /stewards. A. Such reasonable number of work site leaders /stewards recognized by the City shall be limited to eighteen (18). B. The City's Employee Relations Manager shall be provided with a. fast of names and classification titles of die Union's officers as set forth in the Santa Ana City Employees, Chapter 1939 /Service Employees International Union Local 721 Bylaws, as well as the names and classification titles of all work site leaders /stewards and other Union representatives. The Union agrees to inform the City in writing of any changes in said list within ten (10) calendar days of date of change. C. During the term of this MOU, the City agrees to grant up to a total of two hundred (200) hours per fiscal year on a non•cu nialative basis to enable the officers and worlcsito leaders /stewards to assist other bargaining unit employees in processing grievances under the Grievance Review Procedure; provided, however, that such officers and worksite leaders / stowards shall make advance arratagement with their supervisors prior to absenting themselves for such purpose; The officers and worksite leaders /stewards shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pursuant to this provision of the MOU. D. Union Business Leave Time. In addition to the two hundred (200) hours per fiscal year provided by the City.on a non - cumulative basis, officers mid worlcsito leaders /stewards shall be granted an additional three hundred (300) hours per fiscal year on a non - cumulative basis paid by the Union from the bank of hours or directly by tbo Union as depicted in Article XVIIT — Union Rights, 18.1 E President's Leave Section 12. The purpose of this additiaral three hundred (300) hours per fiscal year shall be to enable the officers and worksite leadors /stewards to assist the bargaining unit employees in processing grievances under the Grievance Review Procedure and for anion activities which may include conventions, seminars and meetings, however, such officers and worksite leaders / stewards shall make advance arrangements with their supervisors prior to absenting themselves for such purposes. The officers and worlcsito leaders /stewards shall be required by the City to record and report to their supervisors on the work time spent on Union business. Time spent by the Union President, officers or worksite leaders /stewards on President's leave, as noted in Section B below, and/or Union Business leave time, M 25A -64 under this MOU, shall not be considered time worked for computation of overtime according to the Fair Labor Standards Act. $. President's Leave Time. During the tern of this MOU, the City agrees to grant the Union President twenty (20) hours per week paid time off which shall be charged against a Union Leave Bank and subject to the following terms and conditions: 1. The Union President will conduct any Union business performed during the twenty (20) hours per week off the worksite, However, the President may conduct Union business on worksitos. pursuant to Article XVIII — Union Rights, Section 18,2 - Worksite Access provision of the MOU. 2.. The Department Director of the Union President may approve additional time off for the Union President for Union seminars and other business on a prescheduled basis. Such additional time off shall be paid for by the Union or from the President's vacation or compensatory time bank The Department Director of the Union President will schedule the Union President to be offsite for four (4) hours each day to conduct Union business, upon request of the Union. The Department Director shall schedulo the Union President to be onsito working on City business fora (4) hours each day five (5) days a week: The Department Director may change the schedule of the Union President upon reasonable notice to the Union President. 4, During the period of time the Utaion Prosident is performing City work, he or she shall receive no phone calls or visitors. Persons who call or wish to see the Union President during his or her work time shall be referred to the Union's offsite headquarters. 5. Time spent by the Union President on President's Leave time shall not be considered time worked for the computation of overtime according to the Fait Labor Standards Act. 6. The Union shill reimburse the City for 1.00% of the salary, including any premium payments and benefit costs for the President's leave time, Such rcirnbutsement may be Rum the bank established pursuant to this MOU or directly from the Union, The Union agrees to pay for Union Leave and President's Leave within thirty (30) days of receiving the bill from the City. The bill will be sent on a monthly basis. If the bill is not paid within thirty (30) days, the City shall deduct such amount from the Union dues oollected from the employees on behalf of the Union. In the event a portion of the bilk is rightfully contested, the City shall only deduct the non - contested portion 61 25A -65 ftrnn employee's dues. Any issues related to the bill must be brought to the attention of tlro Executive Director of Personnel Services within fifteen (15) days of its receipt and must be resolved within fifteen (15) remaining days so that the bills are paid in a timely manner as stated (within thirty (3 0) days of its receipt), 8. The Union shall provide an insurance policy or policies, or certifroate of such insurance, naming the City of Santa Ana, its officers and employees 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 wising out of any act or omission of said Union representative, Said policy or policies of insurance shall provide coverage for both bodily injury and property damage not less than the following minimum amounts: one million dollars ($1,000,000) 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 after thirty (3 0) clays' notico has been given in writing to the City of Santa Ana. 9. The Union shall provide the City of Santa Ana with at, insurance carrier certifying that it carries primary workers' compensation insurance on behalf of said Union representative and the policy shall not be canceled nor coverage reduced until after ten (10) working days' notice has been given in writing to the City of Santa Ana, 10, The Union shall indemnify and save harmless the City of Santa Ana, its officers and employees from and against tiny and all damage to property or injuries to or death of any person or persons, including property and employees or agents to the City of Santa Ana. The Union shall defend, indemnify, and save harmless the City of Santa Ana, its officers and employees from any kind and all claims to demands, suits, actions or proceedings of any kind oT nature, including, but not by way of limitations, workers' compensation claims, resulting from or arising out of the negligent acts, errors, or omissions, arising out of the intentional or malicious acts of the Union's representatives. 11, The Union and the City of Santa Ana agree that the Union President will not be required to carry out any City duties diving the time the Union President is on President's leave twenty (20) hours per week, The Union President will be required to comply with the rules and regulations of the City of Santa Ana as they apply to off -duty employees, except such Union President will not be required to report to work for any purpose daring the four (4) hours per clay or twenty (20) hours per week of Union President's leave time. 62 26A -66 12. Upon return to duty from President's Leave of four (4) hours per day, the Union President 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 dismption in duty status, Pot the purpose of providing payment for Union President's Leave time and for Union Business Leave time the City and the Union agree to the creation of the following compensation time bank: a. Any member of the Union who has a compensatory time balance, vacation time or accrued in lieu holiday balance of at least two (2) hours ar more can voluntarily designate, in writing, that he or she will contribute the value of such time to a bank to be used to pay for President's Leave time and /or Union Business Leave time, In addition, floating holiday pay may also be contributed, but only in increments of eight (8) hours. Such bank shall be for the purposes and subject to the restrictions provided herein, b. The employees, vacation leave, compensatory time and/or accrued or unused holiday pay balance will then be reduced by the amount of hours transferred to the bank. e. Vacation leave tune, compensatory time and /or accrued floating or in lieu holiday time, together with the cost of benefits shall be converted to its dollar value at the rate of pay of the employee from whom the leave was received. Those dollars (with benefit cost) shall be placed in the Union Business Leave Bank, When the Union Business Leave Dank is used in accordance with President's Leave and Union Business Leave, dollars will be withdrawn from such Union Business Leave Bank, equal to the hourly rate (with benefit cost) of the employee ntilizin.g the leave multiplied by the number of hours of leave taken, Withdrawal requests from the bank will be for the pupose of conducting Union business, which may include grievance investigation, executive meetings, board of director meetings, training and conventions sponsored by the Union, attendance at grievancos slick Personnel Hoard hearings as witness for the Union, President's Leave and other Union purposes as may be determined by the President of the Union. Request for withdrawal from the Bank shall be made only by the President or designee to tho Executive Director of Personnel Services on forms mutually agreed to by the parties and :furnished by the City. The Union President's Leave or Union Business Leave slip shall be prosented to the Executive Director of Personnel Services by the Union for withdrawal from the bank.:. All vacation leave, compensatory tiro aaad accrued floating or in lieu holidays transferred to the bank are final transfers and shall not be recoverable for re- credit to any individual employee's vacation 0 25A -67 leave account, compensatory time account, or accrued holiday time account. Release of employees for Union Business Leave shall be on the same basis as cmployees are released from duty for vacation leave, except that such requests for leave shall not unreasonably interfere with the operation of the City department and shall be approved by the employee's Department Road, The employee taking Union Business Leave shall not unreasonably interfere with the operation of the City department and shall be approved by the employee's Department Elead. The Department Head shall not unreasonably withhold permission, to utilize President's Leave time, and/or Union Business Leave from any employee who b,ac been duly authorized by the Union to take such leave. No withdrawal from or use of such bank may be made by or on behalf of an employee ordered to take tinge off without pay for disdiplinary reasons. No withdrawal or use of such bank may be made by or on behalf of any employee to be used for purposes that are u nlawfol under the laws of the United States, State of California or the ordinances of the City of Santa Ana, The Union President shall have up to twenty (20) hours per week or one thousand forty (1,040) hours per year of time off to conduct Union business which shall be paid by the City, but reimbursed to the City by the Union from either the above described bank or directly from the Union treasury, In any event, the Union agrees to reimburse the City for al. costs not otherwise reimbursed from the bank providing tie Union President with President's leave of absence. 18.2 Worksite Access, A. Officers, worksite leaders /stewards and /or paid Union representatives shall be pernniitted to visit break and hunch areas designated by the City, before or after work or during designated lunch periods for the purpose of discussing Union business, provided that arrangements are made in advance with the managet• responsible for the worksite. B. Such visits shall not disrupt the work of City employees or interfere with the normal operations of the department or with established safety and security requirements. Where any such problems arise, the Union and the City will agree on an alternate moeting/conference facility for the purpose of providing a place for the Union to hold meetings before or after work or during lunch periods. If the alternate meeting site is a City facility during non- working hours, its 64 r scheduling and use shall be governed in accordance with regulations pertaining to the use of public meeting rooms at City facilities, C. Solicitations of membership and all activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, Preparation of petitions, preparation o£ proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours, D. Officers and employees may perform those duties assigned to them by the Union, but in no event shall they have the right to interfere with the performance of work of any other employee or interfere with City operations or to call a strike, slowdown, work stoppage, sympathy strike or take any economic action against the City, 18,3 Release Dine for 13111ployee Representatives, A. In the event that the Union is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of officers, employee representatives or other officials of the Union shall be allowed reasonable time off Without loss of compensation or other benefits. B. Such officers and employee representatives 'shall not leave their duty or work station or assignment without the prior knowledge of their supervisor or such supervisor's supervisor. C. Such meetings are subject to scheduling in a manner consistent with City operating needs and work schedules. 18.4 Use of Bulletin boards, Space shall be made available. to the Union on the City's existing employee bulletin boards for the purpose of posting noticas pertaining to Union business, subject to the following conditions; A. Material posted by the Union shall not include campaign material on municipal election matters, including elections for City Council, other City positions, or other municipal political matters, B. Material posted shall not be derogatory to the City, City employees or other employee organizations. All materials shall be elated, identify the Union and beat the aignaturn of the authorized reproseratative(s) of the Union validating the posting. D. The City reserves the right to determine what reasonable portion of employee bulletin boards arc to be allocated to Union materials. 65 R If the Union does not abide by these provisions, it will forfeit its right to have materials posted on the City's employee bulletin boards. F, The Union shall not be permitted to post any material that is prohibited, by State law or the City Charter, 18.5' Use of City Facilities. The City shall allow the Union to conduct meetings in the city's public meeting grooms during non - working hours provided such meetings are scheduled in accordance with regulations governing the use of public meeting rooms at City facilitie . The Union shall not be permitted to use such City facilities to discuss or present any matter that is prohibited by State law or the City Charter. 66 25A -70 ARTICLE XIX 19.0 DUES DEDUCTION & INDEMNIFICATION 19,1 Duos Deductiots. The City shall deduct dues on a regular Basis forrn the pay of all employees covered by this MOU who voluntarily authorize such deduction in writing and on a forrn to be provided for this purpose by the City, The City shall remit such fiords to the Union within thirty (30) calendar days following their deduction, 19.2 Agency Shop, A. All employees represented by the Santa Ana City Employees, Chapter1939 /Service Employees International Union Local 721, shall, as a condition of continuing employment become and remain mernbars of the Union or shall pay to the Union a service fee in lieu thereof. Such service fee shall be one dollar ($1) per pay period less than Union dues if legally authorized, B. Any employee) hired by the City subject to this MOU shall be provided, through the Personnel Services Department, with an authorization form for the deduction of Union dues. Employees shall have thirty (30) worsting days following the initial date of employment to fully execute the authorization form and return it to the Agency /Department payroll section. The effective data of Union clues, service deductions or charitable contribution for such employees shall be the beginning of the first pay period of employment. C. Any employee of the City subject to this MOU who wishes to execute a written declaration claiming a religious exemption from paying Union dues, and who is a member of a bona fide religion, body or seat which has historically held conscientious objections to joining or financially supporting a public employee organization and which is recognized as such by the Public Employer Relations Board, shall, upon presentation of verification of active memborship in such religion, body or seal; be permitted to make a charitable contribution equal to the service fee in lieu. of Union membership or service fee payment. Declarations or applications for religious exemption and any supporting documentation shall be forwarded to the Union within fifteen (15) calendar days of receipt by the City. The Union shall have fifteen (15) calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City Manager or his or her designee. If challenged, the deduction to the charity of the employee's choice shall connnence but shall be held in aserow pending resolution of the challenge. Ch citable contributions shall be by regular payroll deduction only, For purposes of flail sootion, charitable deduction means a contribution to one of three non - profit organizations, with the United Way being one of them, The Santa Ana City Employeos, Chapter 1939 /8arviae Employees International Union Local 721 shall indemnify mad hold the City, its officers and employees, 67 25A -71 harmless from any and all claims, demands, suits, or any other action arising from the Agency Shop provisions Lorain. In no event shall, the City be required to pay from its own finds, Union dues, service fee or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reasons. M. 25A-72 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 MOU or by law to manage the City, as such rights existed prior to the axecution of this MOU. The sole and exclusive rights of management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights; A, To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public, E. To deternine methods of financing, F. To determinc types of equipment or technology to be used, Gr To determine and/or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to the right to contract for or subcontract any work or operation of the City, I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work sohodules and assigunlourts. 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 MOU. IS, To establish and modify productivity and performance programs and standards, 69 25A -73 L, To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code, M. To determine job classifications and to redlassify employees. N, To hire, transfer, promote and. demote employees for non - disciplinary reasons hr accordance with this MOU. 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 of such standards. Q. To maintain order and efficiency in its facilities and operatiom. R. To establish and disseminate and /or modify rules and regulations to maintain order and safety in the City which are not in violation with this MOU, S. To take any and all necessary action to carry out the mission of the City in emergencies, 2p.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 Union regarding the impact of the contemplated exercise of Such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. 70 25A -74 ARTICLE XXT 21,0 STRIKES & WORK STOPPAGES 21.1 Prohibited Conduc A. The Union, its officers, agents, representatives, and/or members agree that during the tenn of this MOU, they will not cause or condone any unlawflil 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 without right of appeal to the Personnel Board in accordance with City Charter Section 1014, 21.2 Union ResvonsibiliCy, In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 21,1 — Prohibited Conduct, Section A above of this Article, the Union shall immediately instruct any persons engaging in such oonduct that their conduct is in violation of this MOU and unlawflil, and they must immediately cease engaging in the conduct prohibited in Section 21.1 — Prohibited Conduct, Section A and return to work, 71 25A -75 ARTICLE XXII 22.0 LAYOFFS 22.1 If it is decidod to contract out work currently being performed by employees of this bargaining unit and it is projected that no employee covered by this MOU is to be laid . off, receivo a reduction in hours worked, or receive a loss in pay due to said contracting out, the City shall provide the Union reasonable notice of the decision to contract out, will meet with the Union upon the Union's request over the impact of the decision to contract out and will consider reasonable alternatives provided by the Union. 22.2 If the City determines to replace employees covered by this MOU with contract workers to perform the saute work tinder similar circumstances, it will expeditiously notify the Union of its iantendons. Upon request by the Union the City will schedule meetings with the Union Ieadership to discuss this objective and give the Union the opportunity to present information before any fatal decision. The City and Union leadership agree to commence meeting with oaeh other when practicable for a period not to exceed fortymfive days, unless mutually agreed to meet longer. At the end of the agreed upon time and if the parties have not achieved satisfactory resolution, the issues will be resolved according to the City's Employer - Employee Relations Resoution (Resolution No. 8175). 223 Notwithstanding Section 221 and /or Section 22.2, if any bargaining unit member is laid off as a result of a decision by the City to contract out work, the City shall make a reasonable effort to cause the affected employees) to become employed by the company or entity with which the City contracted for the applicable servioes. 22.4 It is the hope of the City not to separate any employee(s) from employment because of a reduction in the workforce during the terra of this MOU. However, circumstances aging during this MOU may require such separation(s). Ira that event, the City will provide rcasonable notice to the Union of the details of the separation(s) in order to meet and exchange information, opinions and proposals regarding the consequence(g) of the separation(s) on the employee(s). This provision in not intended to be a waiver of any other rights the parties may have under this MOU. 22.5 The principles of seniority (length of service) shall govern layoffs as described herein, except in the event that more than one employee has the same seniority elate, in which case performance also shall be considered. The City's dotemtination of performance shall not be arbitrary or capricious in nature. Any dispute over the application of the principles outlined In Article XXII — Layoffs shall be subject to the grievance procedure, A. Classification seniority is defined as length of service in the classification, and shall begin on the first date worked by the employee in that classification. Whenever a position within a classification is to be eliminated, resulting in the layoff of an employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first. 72 25A -76 B. In lieu of layoff, an employee may elect to wort, in a lower classification, in which he or she has served., providing that classification is within the same job family /career ladder. In that event, the etatployee'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 tower classifioation. This method of combining seniority shall be applied to subsequent lower classifications, C, The reemployment list shall be valid for one year from the date of its establishment. Reemployment shall be in reverse order of layoffs, The Joint Labor Management Committee will determine Jab Family /Cancer Ladder. 22.6 A bargaining unit employee who is laid off from frill tihne City employment pursuant to this Article, may be granted a temporary appointment to a vacant position in any classification for which there is no eligible list and for which said employee meets the mininiutn qualifications established for the classification and possesses the requisite knowledge, skills and abilities to satisfactorily perform the work of the classiflcation. Such temporary appointment will be terminated upon the establishment of a new eligible list for the classification or one year following the initial day of such temporary appointment, whichever occurs first, 22,7 Contracting Out Prior to bringing any requests for proposal (RFP) to the City Council which would result in the contracting out of bargaining unit work, and prior to any such requests being issued seeking such proposals, the parties agree to the following: A. The City will inform SEIU in writing of its intent to submit such request to die City Council for approval, S. The City will inform SEIU in the same writing of its right to request to meet to discuss the proposed RFP prior to bringing it to the City Council or seeking such proposals to give SEW the opportunity to discus's its position regarding the RFP with the City. C. The City agrees to meet with SEIU (at its request) at least twice witbiti 20 working days of the written notification of the RFP to consider SEIU's positions regarding the RIP, The City agrees that upon mutual agreement of the parties, it will agree to meet more than twice prior to bringing the; RFP to the City Council and upon mutual agreement may agree to give SEIU niore than 20 workbag days in which to conduct the meetings with the City representatives. D. The City also agrees that if the existing employees who will be impacted by the contracting oat (i.e„ those employees whose work will be contracted out if there is an REP accepted by the City) wish to bid for the work by a0mitting an response to the RFP, the City will consider such response along with the other responses received. 73 25A -77 E. After the City receives the bids and identifies the most responsible bidder, the City will notify the Union, who will have five calendar clays to submit a subsequent 'bid which will then be eomidered by the city in malcing its determination as to which bidder to ohoose. 74 25A -78 ARTICLE XXIII 23.0 MISCELLANEOUS PROVISIONS 23.1 The City agrees to provide a list each month to the Union with names and classification titles of bargaining unit employees who have separated from fall -time City service and the names and classification titles of bargaining unit employees who have been hired. The Union agrees to pay the City's cost of producing such lists. After ratification of this MOU by the City Council, a complete list of bargaining unit employees and their addresses will be provided to the Union once every fiscal year, 23.2 The City agrees to distribute Union membership pamphlets to bargaining unit employees at the new employee orientation sessions conducted by the City, 23.3 Catastrophic Leave Donation, In order to assist employees otherwise granted leave of absence without pay by the City Manager due to a catastrophic, non - industrial medical condition or injury, the City and Union agree to implement a Catastrophic Leave Donation Program, Nothing in this article shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City or other provisions of this MOU with regard to granting unpaid leaves of absonoe, The Catastrophic heave Donation Program shall cover the uncompensated time prior to the employee's becoming eligible for the LID benefits, A. Guidolines. It shall be understood that all donations under this procedure are voluntary and subj cot to taxation for the recipient 1. Employees May donate vacation, compensatory time or one floating, 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 -weok period, shall not be processed, The two -week period for each case shall be selected by the Department Head or his or her designee. 3. All donations most be maple in two (2) hour increments, except for floating holiday donations which must be made inn eight (8) hour increments. 4, Any authorization of donations not made io accordance with the procedures outlined in Section C, Subparagraph 2 below will not be processed. 75 2BA -79 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 raid designated as sick leave and may be used pursuant to Article X — Other Leaves of Absences, Sections 10.1 — Sick Loave, B. Eli ibilit . Regular, full -titre employees shall be eligible for Catastrophic Leave Donations if fie following criteria are met: When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time and vacation, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The omployce's Department Head, or his or her designee, has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need ibr an extended medical leave and an estimate of the titre the employee will be unable to work. C. Procedure, Upon receipt of a valid request for donations from an eligible employee, the Department dead or his or her designee shall post a notice of the eligible employee's need for donations on bulletin boards accessible to employees, No confidential medical information shall be included in the posted notioe. 2. Employees wishing to donate time to an eligible employee must sign his or hot authorization of the transfer of such donated time and provide: • His or her name, department name, and employee number, • The nrunbor of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 above; • The name, department and employee number of the recipient; • A ,statement indicating that the donor understands such donation of time is irrevocable, 76 25A -80 3. At the close of the donation period, the department shall verify that each donating employee has accrued vacation and/or compensatory time balances sufficient to cover the designated donation, 4, The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations fox 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 above, 5. The City shall add the donated time to the recipient's sick leave account 23,4 mint Labor Management Teams. The City and the Union agree to form Joint Labor Maragoment_ teams for the purpose of exploring issues of mutual concern. Each team shall be comprised of an equal number of labor and management employees and shall be chaired by the Employee Relations Manager. In no case shall the activity of a team create a delay or hindrance to the ongoing operation of the City. The City and the Union shall hold an initial meeting no sooner than one (1) month from the date of ratification of this Agreement and upon the Union's written request to meet to determine team composition, frequency of meetings and meeting schedules, 23.5 Performance A rpp •aisals. Non - probationary performance appraisals not completed within six (6) months of the due date shall be stayed and the employee shall next become subject to evaluation upon the end of the evaluation period next following. Provided that merit advance performance appraisals shall be completed n accordance with Article INr - Salaries, Section 4.8 -- Advancement Within Ranges. 23.6 Driving City Vehicles. A. Driver's Alert Doc al-Based Monitoring Program By identifying high -risk driving behavior and drivers who engage in unsafe driving acts, the purpose of this program is to intervene quicidy to correct and control these risk factors and ldgh- risk activities. Driver's Aloil SMART RISI,Tm identifies the specific drivers who are at high risk to cause an at -fault orash, so it can be prevented, .Reporting is done via 1 (800) number and an identification number on ".blow Ail' I Driving ?" decals affixed to City vehicles. Reports will be transmitted to the inipactccl manager and can include complaints or compliments regarding a driver's activity. There is currently no disoiplino or Tows ad policy in place that would impact employees being reported by this program„ B, Automatic Vehicle Location (AVl System The automatic vehicle location (AVL) systcm is a means for aatomatically dotennvsing the geographic location 77 25A -81 of a vehicle and transmitting information to a requester. Reporting information from AVL will include route, vehicle operations, destination and idle times, The information will be used to monitor the location and usage of a vehicle to ensure the most energy and time- efficient routing and operation of vehicles. AVL database information may only be accessed and subsequently used by supervisory and management employees in participating division operations, The AVL system is not intended to monitor employee behavior; however, it may provide, but not prove to be, the sole basis, for disciplinary action if data indicates employee failure to provide efficient and productive service throughout the workday. 78 25A -82 ARTICLE XXIV 24.0 SOLE & ENTIRE AGREEMENT 24.1 It is understood and agreed that the parties to this MOU are subject to all current and firture applicable Federal aid California laws, the City of Santa Aria Charter and Municipal -Code, as well as the City's Employer- Employee Relations Resolution ( #81- 75). The provisions of this MOU shall supersede all prior agreements acid memoranda of agreement, or MOU, or contrary salary and /or personnel rules and regulations or administrative codes, provisions of the City, oral or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City Charter, The City will continue to provide employees covered by this MOU a reduced size copy of this MOU and its attachments, including a section containing the Employer- Eanployee Relations Resolution of the City of Santa Ana, 24.2 Notwithstanding the abovementioned language, City personnel riles and regulations and depetanental rules and regulations exist, These rules and regulations shall be continued to the extent they do not breach specific provisions of this MOU. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and /or other terms aid conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to breach specific provisions of this MOU. 79 _ :X] ARTICLE XXV 25,0 WAIVER OF BARGAINING DURING THB TERM OF THIS MOU 25.1 During the term of ills MOU, 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 MOU or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of tho parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in wafting, agree to meet mid confer about any matter during the toxin of this MOU, EH 25A, -84 ARTICLE XXVI 26.0 EMERGENCY WAIVER PROVISION 26.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MQU will be reinstated immediately, The Union shall have the right to meet and confer with the City regarding the impact on elxzployees of the suspension of the pxvisions in the MOU during the course of the emergency, 81 25A -85 ARTICLE XXVII 27.0 SEPARABILITY PROVISION 2711 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of oompetent jurisdiction, all other provisions of this MOU shall remain in fall force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, flip parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. M • r RTZCLF xxvzzz 28.0 TERM OF MOU 2$,1 The term of this MOU shfO be from July 1, 2015 thru R=30,2017. FOR 25A -87 ARTICLE XXIX 29.0 RATIFICATION & .EXECUTION 29.1 The City and the Union have reached an tmderstanding 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 Union Wmowledge that this MOIJ shall not be in full force atad effect until ratified by the membership of the Union and adapted by the City Council of the City of Santa Ana. Subject to the .foregoing, this MOU is hereby executed by the authorized representatives of the City and the Union and entered into this 17 day of November 2015. FCB®�2.01E Dated; Dated: 1 LS ATTEST: Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. P" Larva A, Rossini Senior Assistant City Attorney CITY OF SANTA ANA, a Municipal By' _. 1 � 4 6J City Manager Executive Director ofPerso i e Sere ces 84 I_*'l AQ401461 This MOU has been ratified by the membership of the Santa Ana City Employees, Chapter 1939 /Service Employees International Union Local 721, SEIU: 0 Dated: red Plicicer 84 cZa- Aanl Alanin4a Paula Wood SEW 13ASIC SALARY Fa WAGE SCHEDULE EXT- 1113117 A Page 1 oft The City's Basic Salary and Wage Schedule provides for a number of ranges of pay rates (salary rate ranges) each comprised of six pay steps or rates for SETU employees. T"ne salary rate ranges are identified, by a. three digit number and steps by letters AAA, A to E inclusive, For SBIU employees, the purpose of each step and the length of service required for advancement within the rate range are surnmarizod as follows: Pulse: AAA Step - Normal Beginning rate, AA Step - Automatic increase. Also optional hiring rate. A Step - Automatic Increase. Also optional hiring ,rate, B Step - Automatic Increase, Also optional hiring rate, C Step - Automatic Increase, May also be maximum hiring rate for certain classifications. D Step - Automatic Increase. is maxim mn hiring rate. E Step - Merit Rate, t uired L u th of Service: AAA to AA - After 6 months' completed service AA to A - Mier one year's completed service. A to B - After one year's completed service, B to C - After one year's completed service. C to D - After one year's completed service. D to B - After one year's completed service. In the following salary schedule matrix, each salary range is identified by a three digit number. The first two digits are listed in the first vertical column on the left arid, the third digit is listed horizontally across the top and identifies the appropriate column. This three digit range number locates the "AAA" stop of the range, which is the first of the 7 steps. Steps "AA," "A," 4'13," "C," "D," and `B" are found in the cohunn directly below the "AAA" step. For example, the "AAA" step of Range No. 401 is found to be $1476 by moving down the left column to the number 40 (the first two digits of the Range No.), then horizontally to column 1 (the third digit of the Range No,). The "AAA" step of $1476 has the remaining steps shown directly beneath it; thus the hill, six step range is 14761549 -1627. 1708 -1793- 1883 -1977, In the same manner, Range No. 455 is found to be 1921. 2017- 2118 - 2223 -2334- 245.1.2574, M 25A -90 SALARY SCHEDULE MATRIX 0 1 2 3 4 5 6 7 8 9 38 1332 1338 1345 1352 1358 1365 1372 1379 1386 1393 39 1399 1405 1413 1420 1427 1434 1441 1448 1455 1463 40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536 41 1542 154.9 1557 1565 1573 1580 1588 1596 1604 1612 42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693 43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778 4.4 1785 1793 1802 1811 1,820 1830 1839 1848 1857 1866 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3540 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4,111 4132 4'152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4.470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 64 4741 4764 4787 4810 4834 4858 4882 4906 4.930 4954 65 4978 5002 .5026 5051 5076 5101 5126 5151 5176 5201 87 254 -91 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638 71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 72 7005 7039 7073 710 "7 '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 W 25A -92 EXHIBIT B SANTA ANA CITY EMPLOYEES CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 FOR FISCAL YEARS JULY 1, 2015 THROUGH JUNE 30, 2017 Assigned 7 -Step Salary Rate Range Numbers Effective ACCOUNTS PAYABLE SUPERVISOR 7/1/2015 ACTIVE TRANSPORTATION COORDINATOR RANGE JOB TITLE NO. ACCOUNTANTI 639 ACCOUNTANT II 667 ACCOUNTING ASSISTANT 588 ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 588 ACCOUNTS PAYABLE SUPERVISOR 642 ACTIVE TRANSPORTATION COORDINATOR 678 ASSISTANT BUYER 603 ASSISTANT ENGINEER I 707 ASSISTANT ENGINEER II 721 ASSISTANT FLEET EQUIPMENT TECHNICIAN 583 ASSISTANT INSTRUMENT TECHNICIAN 614 ASSISTANT LIBRARIAN 597 ASSISTANT PARKS/LANDSCAPE PLANNER 648 ASSISTANT PLAN CHECK ENGINEER I 707 ASSISTANT PLAN CHECK ENGINEER II 721 ASSISTANT PLANNER I 648 ASSISTANT PLANNER II 668 ASSISTANT TRAFFIC OPERATIONS ENGINEER 721 ASSOCIATE PARK AND LANDSCAPE PLANNER 698 ASSOCIATE PLAN CHECK ENGINEER 736 ASSOCIATE PLANNER 698 BIBLIOGRAPHIC TECHNICIAN 587 BUILDING INSPECTOR 648 BUILDING MAINTENANCE AIDE 566 BUILDING MAINTENANCE SUPERVISOR 658 BUILDING MAINTENANCE TECHNICIAN 606 BUILDING TECHNICIAN 600 BUSINESS TAX COLLECTOR/INSPECTOR 612 BUYER 652 BUYER/SYSTEMS TECHNICIAN 652 CENTRAL SERVICES SUPERVISOR 612 CODE ENFORCEMENT OFFICER 648 CODE ENFORCEMENT SUPERVISOR 668 CODE ENFORCEMENT TECHNICIAN 600 COMBINATION BUILDING INSPECTOR 648 COMMUNITY DEVELOPMENT ANALYST 663 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 584 COMMUNITY DEVELOPMENT DISTRICT MANAGER 718 COMMUNITY DEVELOPMENT TECHNICIAN 617 COMMUNITY EVENTS SUPERVISOR 673 COMMUNITY LIAISON 669 COMMUNITY SERVICES SUPERVISOR 688 COMPUTER OPERATOR 612 COMPUTER PROGRAMMER 655 COMPUTER SYSTEMS ANALYST/PROGRAMMER 675 CONSTRUCTION INSPECTOR 648 CONSTRUCTION INSPECTOR II 658 CONTRACTS ADMINISTRATOR 648 CORRECTIONAL RECORDS SPECIALIST 549 CUSTODIAL AIDE /PORTER 511 CUSTODIAN 541 CUSTODIAN SUPERVISOR 593 CUSTOMER SERVICE REPRESENTATIVE 596 DATA ENTRY OFFICE ASST 566 DATA ENTRY OPERATOR 557 DATA ENTRY SPECIALIST 566 DEPUTY CLERK OF THE COUNCIL 607 DOWNTOWN DEVELOPMENT LIAISON 669 ECONOMIC DEVELOPMENT AIDE 617 ECONOMIC DEVELOPMENT SPECIALIST I 668 ECONOMIC DEVELOPMENT SPECIALIST 11 698 ECONOMIC DEVELOPMENT SPECIALIST III 728 ELECTRICAL INSPECTOR 648 EMPLOYMENT SERVICES FISCAL SPECIALIST 639 ENGINEERING AIDE 602 ENVIRONMENTAL COORDINATOR 698 EQUIPMENT OPERATOR 607 EQUIPMENT OPERATOR - WATER SERVICES 612 EXECUTIVE SECRETARY 605 FACILITIES SUPERVISOR 658 FLEET PARTS SPECIALIST 623 FLEET SERVICES SUPERVISOR 672 FLEET SERVICES TECHNICIAN 1 613 FLEET SERVICES TECHNICIAN 1I 633 FLEET SERVICES TECHNICIAN I1I 648 GENERAL MAINTENANCE AIDE 566 GENERAL MAINTENANCE LEADER 627 GENERAL MAINTENANCE SUPERVISOR 658 GENERAL MAINTENANCE WORKER 606 GIS ADMINISTRATOR 693 GIS SYSTEMS ANALYST /PROGRAMMER 675 GRAPHICS DESIGNER I 609 GRAPHICS DESIGNER II 629 HOUSING AUTHORITY AIDE 539 HOUSING AUTHORITY ANALYST 665 HOUSING AUTHORITY COORDINATOR 728 HOUSING AUTHORITY INTAKE SPECIALIST 554 HOUSING AUTHORITY OPERATIONS SUPV. 686 HOUSING PROGRAMS AIDE 577 HOUSING PROGRAMS ANALYST 686 HOUSING PROGRAMS COORDINATOR 728 HOUSING SPECIALIST I 587 HOUSING SPECIALIST 11 611 INFORMATION SERVICES REPRESENTATIVE 601 INSTRUMENT TECHNICIAN 628 INTAKE SPECIALIST 554 LANDSCAPE DEVELOPMENT ASSOCIATE 698 LEAD ACCOUNTING ASSISTANT 622 LEAD CORRECTIONAL RECORDS SPECIALIST 591 LEAD POLICE RECORDS SPECIALIST 601 LIBRARIAN 637 LIBRARY AIDE 494 LIBRARY SERVICES ASSISTANT 539 LOAN SPECIALIST 638 MAIL CLERK/MESSENGER 520 MAINTENANCE ASSISTANT 541 MAINTENANCE WORKER 1 561 MAINTENANCE WORKER II 581 METER READER COLLECTOR 587 MICRO SYSTEMS PROGRAMMER 683 MICRO SYSTEMS TECHNICIAN 617 NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST 668 NETWORK ENGINEER 723 NETWORK SPECIALIST /WAN SYSTEMS ADMINISTRATOR 683 NPDES MANAGER 708 OFFICE ASSISTANT 539 OFFICE SPECIALIST 514 OFFICE SUPERVISOR 608 PARK MAINTENANCE AIDE 439 PARK MAINTENANCE LEADER 610 PARK RANGER 627 PARK SERVICES INSPECTION SUPERVISOR 658 PARK SERVICES INSPECTOR 566 PARK SERVICES INSPECTOR II 610 PARKING METER OPERATIONS SUPERVISOR 620 PARKING METER TECHNICIAN 1 570 PARKING METER TECHNICIAN II 600 PERMIT PROCESSOR 586 PERMIT SUPERVISOR 668 PERMIT TECHNICIAN 638 PLAN EXAMINER (T) 667 PLANNING ASSISTANT 628 PLANNING COMMISSION SECRETARY 605 PLUMBING INSPECTOR 648 POLICE FISCAL OFFICER 686 POLICE FISCAL SERVICES SUPERVISOR 655 POLICE RECORDS SPECIALIST 559 POLICE RECORDS SUPERVISOR 626 POLICE SYSTEMS SUPPORT ANALYST 703 PRINCIPAL LIBRARIAN 657 PRINCIPAL PROGRAMMER ANALYST 723 PROGRAMMER ANALYST 683 PROJECTS MANAGER 708 PROPERTY CONTROL SPECIALIST 587 PROPERTY REHABILITATION ASSISTANT 587 PUBLIC WORKS CREW LEADER 627 PUBLIC WORKS DISPATCHER 571 PUBLIC WORKS PROJECT MANAGER 759 PUBLIC WORKS PROJECTS SPECIALIST 668 PURCHASING ASSISTANT 577 PURCHASING SPECIALIST 588 PURCHASING SUPERVISOR 697 RECEPTIONIST 554 RECORDS SPECIALIST 582 RECREATION LEADER 527 RECREATION PROGRAM COORDINATOR 607 REPROGRAPHIC EQUIPMENT OPERATOR 546 RESIDENTIAL CONSTRUCTION SPECIALIST 648 REVENUE AND CONTRACT COMPLIANCE AUDITOR 667 REVENUE AND CONTRACT COMPLIANCE EXAMINER 667 REVENUE PROCESSING ASSISTANT 557 REVENUE SUPERVISOR 642 SAFETY COORDINATOR 695 SANITATION INSPECTOR I 597 SANITATION INSPECTOR II 638 SECRETARY 584 SECURITY ELECTRONICS TECHNICIAN 661 SENIOR ACCOUNTANT 686 SENIOR ACCOUNTING ASSISTANT 603 SENIOR ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 603 SENIOR ASSISTANT ENGINEER 736 SENIOR BUILDING INSPECTOR 668 SENIOR CIVIL ENGINEER 759 SENIOR COMBINATION BUILDING INSPECTOR 668 SENIOR COMMUNITY DEVELOPMENT ANALYST 692 SENIOR CORRECTIONAL RECORDS SPECIALIST 576 SENIOR DEPUTY CLERK OF THE COUNCIL 637 SENIOR ELECTRICAL INSPECTOR 668 SENIOR ELECTRICAL SYSTEMS SPECIALIST 668 SENIOR ENGINEER 759 SENIOR FLEET SERVICES SUPERVISOR 692 SENIOR GRADING SPECIALIST 668 SENIOR HOUSING SPECIALIST 649 SENIOR LAND SURVEYOR 769 SENIOR LIBRARIAN 642 SENIOR LIBRARY TECHNICIAN (T) 597 SENIOR OFFICE ASSISTANT 566 SENIOR OFFICE SPECIALIST 539 SENIOR PARK SERVICES INSPECTION SUPERVISOR 688 SENIOR PLAN CHECK ENGINEER 759 SENIOR PLANNER 718 SENIOR PLUMBING INSPECTOR 668 SENIOR PLUMBING /MECHANICAL SYSTEMS SPEC. 668 SENIOR POLICE RECORDS SPECIALIST 586 SENIOR PROGRAMMER ANALYST 703 SENIOR RECEPTIONIST 584 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 668 SENIOR SYSTEMS ADMINISTRATOR 675 SENIOR TRAFFIC ENGINEER 759 SENIOR TRANSPORTATION ANALYST 759 SENIOR WATER SERVICES SUPERVISOR 693 SENIOR WATER SYSTEMS OPERATOR 648 STOCK CLERK 582 STOREKEEPER 617 STORES AND CITY YARD PROPERTY SPECIALIST 617 STORMWATER COORDINATOR 678 STREET LIGHTING MAINTENANCE WORKER 617 STREET MAINTENANCE SUPERVISOR 658 STREET PAINTER 601 SUPERVISING ACCOUNTANT 708 SUPERVISING BUYER 682 SUPERVISING LIBRARY SERVICES ASSISTANT 571 SUPERVISING PARK RANGER 652 SURVEY PARTY CHIEF 681 SURVEY PARTY TECHNICIAN I 617 SURVEY PARTY TECHNICIAN II 648 SYSTEMS ADMINISTRATOR 643 SYSTEMS SUPPORT ANALYST 703 SYSTEMS TECHNICIAN 583 TELECOMMUNICATIONS COORDINATOR 685 TELECOMMUNICATIONS CUSTOMER SERVICE REP. 596 TENANT SERVICES TECHNICIAN 584 TREASURY SERVICES SPECIALIST 627 TREASURY SERVICES SUPERVISOR 642 TREE MAINTENANCE SUPERVISOR 658 TREE TRIMMER 601 UTILITIES BILLING /SYSTEMS TECHNICIAN 596 VIDEO TECHNICIAN 639 WATER SERVICES CREW LEADER 632 WATER SERVICES METER REPAIRER I 591 WATER SERVICES METER REPAIRER 11 611 WATER SERVICES QUALITY COORDINATOR 683 WATER SERVICES QUALITY INSPECTOR 643 WATER SERVICES QUALITY SUPERVISOR 663 WATER SERVICES SUPERVISOR 663 WATER SERVICES UTILITY INSPECTOR 643 WATER SERVICES WORKER I 566 WATER SERVICES WORKER II 586 WATER SYSTEMS OPERATOR I 594 WATER SYSTEMS OPERATOR 11 614 WATER SYSTEMS OPERATOR III 628 WEB SYSTEMS TECHNICIAN 583 WEBSITE ENTRY SPECIALIST 557 WORK CENTER COORDINATOR 728 WORKFORCE SPECIALIST 1 583 WORKFORCE SPECIALIST II 608 WORKFORCE SPECIALIST III 628 WORKFORCE SPECIALIST IV 683 YOUTH SERVICES TECHNICIAN 577 ZOO ANIMAL REGISTRAR 588 ZOO CURATOR 637 ZOO CURATOR OF EDUCATION 637 ZOO EDUCATION SPECIALIST 588 ZOO ,KEEPER AIDE 498 ZOO KEEPER I 558 ZOO KEEPER 11 588 (T) designates a "terminal" classification. A position classification that has been designated as "terminal" by formal City Council action will be deleted from the City's Basic Classification and Compensation Plan when vacated by its last remaining incumbent. No new appointments may be made to a classification that has been so assigned. Exhibit C RE' SOLUTION NO. 81-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RELATING TO EMPLOYER- ENIPLOYEE RELATIONS TN THE .PUBLIC SERVICE OF THE CITY OP SANTA ANA WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the City to maintain and enhance its admhustration of employer - employee relations and to protect the public by assuring at all times the orderly and uninterrupted operations and services of City government; and WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of communication between the City and its amplcyaes, including provisions for (a) recognizing the rights of employees to join organizations of their own choosing for the purpose of representation on matters affecting employee relations or to represent themselves individually in dealing with the City; and (b) establishing equitable and uniform tales and procedures to provide for the orderly and systematic presentation, consideration and resolution of employer- employea relations matters; and WHEREAS, the City of Santa Ana has met and conferred in good faith with representatives of the Santa Ana City Employoes' Association; Santa Ana Police Benevolent Association; Santa, Ana Firemen's Benevolent Association; and the Americair Federation of State, Comity and Municipal Employees, AFL -CIO, which are the only employee organizations known to the City to have among their members employees of the City, concerning the rules and regulations for the atbniniatration of employer- employee relations set forth herein; and NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as follows: Section 1: Title of Resolution This Resolution shall be known as the "Employer- Employee Relations Resolution of the City of Santa Ana ", Section 2: Definitions As used in this Resolution, the following t'er7us shall have the meanings indicated: APPROPRIATE UNIT - means a unit of employee classifioatians or positions established pursuant to Section l I of this Resolution, 97 25A -101 CITY - means the City of Santa Ana, a municipal corporation, acid where appropriate herein, "City" refers to the City Council or any duly authorized management employee as herein defined, DAY - means calendar day unless expressly stated otherwise. EMPLOYEE - means any person regularly employed by the City on a full time basis except those persons elected by popular vote. EMPLOYEE, CONFIDENTIAL - means an employee who is assigned to perform work directly involved in The development, preparation or presentation of management positions with respect to employer - employee relations, EMPLOYEE, MANAGEMENT - means any employee having responsibility for formulating, administering or managing the implementation of City policies or programs, including but not limited to, department and assistant department heads, division heads, and professional administrative staff employees employed to render advice and assistance pertaining to the conduct of legal, fiscal, budgetary, personnel management and employer- omployec relations affairs of the City. EMPLOYEE, PROFESSIONAL, - means a classification of employees engaged in work (a) predominantly intellectual and, varied in character as opposed to routine mental, matund, mechanical or physical work; (b) involving the constant exercise of discretion and judgment in its performance; and (c) requiring lcnowlodge in a field of science or learning customarily acquired by a prolonged course of specialized intoll'octual instruction and study in ara institution of higher learning, as distinguished from a general academic education, or from an apprenticeship or from training in the performance of routine, mental, manual or physical processes. EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having authority, in the interest of the employer, to_hire, transfer, suspend, layoff, recall, promote, disoharge, assign, reward, or discipline other employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or effectively to reconnnend such actions, if in connection with any of the foregoing, the exercise of such responsibility is not of merely routine or clerical nature, but requires the use of independent judgment. EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City; provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or national origin, EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of eraaployer•- eraaployee relations designated pursuant to Section 3 hereof, or his duly authorized representative, 98 25A -102 EMPLOYER - EMPLOYEE RELATIONS - means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and individual employees or employee organizations. GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized employee organization concerning the meaning, application, or enforcement of any of the provisions of the City's Employer- Employce Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal procedure is not otherwise provided; or is not specifically withhold, by civil service rule, ordinance, resolution, charter provision, or memorandum of understanding, IMPASSE - means that the representatives of the City and a. Recognized Employee Organization have reached a point in their meeting and conferring in good faith' where their differences concerning matters on which they are required to meet and confer, remain so substantial that .further meeting and conferring would not be likely to result in an agreement. MEDIATION OR CONCILIATION - means the efforts of an impartial third person or persons, functioning as intermedWies, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice, Mediation and conciliation are interchangeable terms. MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or "meeting and conferring ") - means the performanco by duly authorized City representatives and duly authorized repaesentatives of a recognized employee organization of their mutual obligation personally to meet and confer in good faith promptly upon the request of either party and continue for a reasonable period of time in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the, City of its final budget for the ensuing year. This does not require either Party to agree to a proposal or to make a concession. MEMORANDUM' OF UNDERSTANDING - means a written memorandum of the agreement between the City and a recognized employee organization reached through meeting and conferring. PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal duties consist of active law enforcement and who is designated as a "peace officer'" as that term is defined in Section 830, California Penal Code, except that, for purposes of this Resolution only, "peace officer" sloes not mean a park patrolman, security guard or a. member of the fire, department, whether the latter be serving as a member of an arson investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the status of peaoe officer for purposes other than that of this Resolution, 99 � dI*3 RECOGNIZED EMPLOYEE ORGANIZATION - means tin employee organization which has been granted formal recognition by the Employee Relations Offoer as the employee organization which has the right to moot and confer in good faith as the majority representative of all members of an appropriate representation unit pursuant to Section 11 hereof, except those employees in such emit who have exercised their right not join an employee organization and who choose to represent themselves individually with the City, or has been designated through a. secret ballot election as the exclusive representative of the employees in an appropriate representation unit pursuant to Section I1 of this Resolution. SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer - employee relations including, but not limited to, wages, hours, and other terms and conditions of employment except, however, that the scope of representation shall not include consideration of the merits, necessity; or organization of any service or activity provided by law or executive order. Section 3; Designation of the City's Employee Relations Officer The City Council hereby designates the City Manager as the Employee Relations Officer who shall be the City's principal representative on all matters of employer - employee relations, with authority to meet and confer in good faith on matters within the scope of representation, and to administer all provisions of this Resolution and the employee relations rule and procedures adopted perosuan( thereto. The .P.nrployee Relations Officer is authorized to delegate his duties and responsibilities. Seotion 4: Meet and Confer in Good Fai, h - Scope City representatives and representatives of formally recognized employee organizations having exclusive representation rights, have the mutual obligation personally to meet and confer in good faith in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the City of its final budget for the ensuring year, The City shall not be required to meet and confer in good faith on a. subject preempted by Federal or State law or by the City Charter. Section 5: Notice The City will give reasonable written notice to each recognized employee organization affected by any ordinance, rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the City, and each such organization shall be given the opportunity to meet turd confer with the Employee Relations Officer prior to such adoption, In cases of emergency when the City determines that an ordinance, rule, resolution, or regulation relating to matters within the scope of representation must be adopted immediately without prior 100 26A -104 notice or meeting with recognized employee organization, the Employee Relations Officer shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Section 6; Petition for Reoo ition An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization representing the employees in an appropriate emit shall file a petition with the Employee Relations Officer containing the following information and documentation: Name and address of the employee organization, Names and titles of its officers. Names and titles of employee organization representatives who are authorized to speak on behalf of the organization. A statement that the employee organization has, as one of its primary purposes, representing the employees in their employment relations with the City. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state or international organization, Certified copies of the employee organization's constitution and bylaws, including all amendmon.ts thereof. A designation of those persons, not exceeding three in nwnber, and their addresses, to whom sent by first class or certified United States mail will be deemed sufficient notice on the employee organization. A statement that the employee organization is cognizant of the provisions of Section 9509 of the Meyer - Milias -Brown Act. A statement that the employee organization has no restriction on ,membership based on race, color, creed, sex, or national origin. A description of the composition of the unit or units claimed to be appropriate, including the job classifroatians of employees and the number of member employees therein, as well as a statement of reasons why the unit or units is or are considered to be appropriate. A statement that the employee organization has in its possession written proof, dated by the signer within six (6) months of the date upon which the petition is filed, to establish that a majority of the employees in the unit claimed to be appropriate have designated Clio employee 101 r P14tAW11M organization to represent them in their employment relations with the City, Such written proof shall be made in such language and form as the Employee Relations Officer shall prescribe and shall be sribmittod for confirmation to the Employee Relations Offloer'to a mutually a.grecd upon disinterested third party, Notwithstanding the above, the Employee Relations Officer, in his sole discretion, may accept employee clues deduction authorization, using the payroll register for the period immediately preceding the date of tiling of a Petition of Recognition, as proof of employee support for the petitioning organization, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization, unless it cttn otherwise be shown 4hat the dues deduction for the petitioning organization is the only one which provides full membership rights and privileges, including the right to vote, A request that the Employee Relations Officer recognize the petitioning employee organization as the Recognized Employee Organization representing the employees in the unit(s) claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation. The Petition, including rdl accompanying documents, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officals) of the employee organization executing it. The Employee Relations Officer may require additional information as required by this Resolution to be included in the Petition. The Employee Relations Officer shall give prompt written notice of the filing of a Petition to any recognized employee organization affected thereby. Section 7: City Respoinso to Reco rg_ition Petition ilpon receipt of tho Petition, the Employee Relations Officer shall within ten (10) days determine whether; There has been compliance with the requirements of the Recognition Petition; and The proposed representation 'unit is an appropriate unit in accordance with Section 11 of this Resolution, If an affirmative detenmination is made by the Employee Relations Officer oil the foregoing two matters, lie shall within ten (10) days after malting said determination, inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter, if either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall meet and discuss the matter with such petitioning employee organization, and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such dotermination in accordance with Section 13 of this Resolution, 102 25A -106 Section 8; Open Petiod for Filing Challenging Petition (s) Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition Petiition($) for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the Recognition Petition being challenged), by filing a petition(s) evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 6 of this Resolution. If such challenging petition(s) seeps establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 11 of this Resolution. The petitioning employee organizations shall have fificer (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such . determinationpursuailt to Section 13 of this Resolution. Section 9; Election ProcediLx e The Employee Relations officer shall arrange for a secret ballot election to be, conducted by a party agreed to by the Employee Relations Officer mid the concerned employee organizadon(s) in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have drily submitted petitions which have been determined to be in conformance with this Resolution shall be, included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed ,fall time in regular, permanent positions within the designated appropriate limit who were employed daring the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following a'n election or runoff election if it received a numerical majority of all valid votes oast in the cloction, If an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election sluall be conducted between the two choices receiving the largest number of valid votes cast (that is, either between two employee organizations, or one ,employee organization and no representation); the rules governing an initial election being applicable to a runoff election, except that the runoff election shall be held within fifteen (15) days following the certification of the initial election results. 103 25A -107 There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. In cases where a Memoranduun of Understanding between the City and an employee organization is in effect on the effective date of this Resolution, it shall be presumed for the duration of the Memorandum of Understanding that the unit set forth in the Memorandum of Understanding is appropriate and that the employee organization is the majority representative of the employees covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be presumed that when said Memorandum of Understanding lanninates the employee organization shall continue to be a majority representative of employees covered by said Memorandum of Understanding for the purposes of meeting and confoixing regarding matters within the scope of representation; provided, however, the employee organization files with the City the inforn ation required by Section 6(a), 1 through 13 of this Resolution. Nothing contained herein shall preclude an employee organization from -filing a petition far recognition pursuant to Section 6 or Section 10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981. Section IO; Procedure forDecertifieatio ofRecourized l3mulovee Oraanizat on A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in in established appropriate unit may be filed with the Employee Relations Officer only during the month of January of any year following the first full year of recognition or during the thirty (30) clay period connnencing one hundred eighty (180) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be tine, correct and complete: The name, address and telephone, number of the petitioner and a designated representative authorized to receive notices of requests for further information. The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be decertified as the representative of that unit. An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate emit, and any other relevant and material, facts relating thereto. Proof of employee support that a majority of the employees in the established appropriate unit no longer desires to be represented by the incumbent Recognized Employee Organization. Such 1od 25A -108 proof shall be submitted for oonfirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. The Employee Relations Officer can only accept those petitions which 1) request decertification of the current formally recognized employee organization and 2) do not request to carve out another unit from the already established appropriate unit. An employee organization may file a Petition Linder this Section In the form of a Recognition Petition that conforms to the requirements of Section 6 of this Resolution in satisfaction of the Decertification Petition requirements hereunder, The Employee Relations Officer shall initially determine whether the Decertification Petitio'n'er Recognition Petition, if any, have been filed ill compliance with the applicable provisions of this Resolution, If his determination is in the negative, he shall offer to consult thereof with the reprosentativo(s) of such petitioning employees or employee organization, and if such determination thereafter remains unchanged, shall return such Petition(s) to the. employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 13 of this Resolution. If the determination of the Employee Relations Officer is in the affirmative, or if has negative determination is reversed on appeal, Ire shall give written notice of such Decertification of Recognition Petition to the incumbent Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification, and if an accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbont .Recogui.zod Employee Organization is voted, the question of representation, Such election shall be conducted in conformance with Section 9 of this Resolution. Tire cost of any election proceeding under the provisions of this Section shall be borne entirely by the employee organizat cn(s) clxallenging the incumbent recognized employee organization, An omployee organization wlielt displaces another employee organization as a formally recognized omployee organization following an election conducted pursuant to this Section shall assume any existing Memorandum of Understanding than ill effect as a condition of recognition and said iMemorandLun of Understanding shall remain in 'Rill force and effect for the balance of the term thereof, 105 25A -109 Section4l: Policy and Standards fax Determination �9 Appropriate Units The basic policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on 1) the efficient oporatioas of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public and 2) providing employees with effective representation based on recognized community of interest considerations. Tbese policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable connnunity of interest. Factors to be considered shall be: Similarity of the general kinds of work performed, typos of qualifications required, and the general worldng conditions. History of representation in the City and similar employment; except however, that no unit shalt be doemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. The effect of the proposed unit on efficient ope itions of the City and the compatibility of the unit with the responsibility of the City and its ernployces to serve the pubho. The effect on the administration of cruployer- employee relations created by the fragmentation of classifications and proliferation of units. Effect on the classification structure and impact on the stability of the employee relationship of dividing a single or related classification among two or more units. Notwithstanding the foregoing, management employees shall only be inchided in a unit consisting solely of management employees and confidential employees shall be included in a unit consisting solely of confidential employees. When the City establishes new classifications or positions, or modifies the job content of an existing classification or position, the Employee Relations Officer shall, after notice to and consultation with all affected employee organizations, determine which, if any, representation unit shall include such new or modified classifications) or position(s), Section 12: Procedure for N1od,ificadon of Established. A2pr2priate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 10 of this Resolution. Such requests shall be submitted in Cho form of a Recognition Petition, and, in addition to the requirements set forth in Section 6 of this Resolution, sha11 contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies mud standards set forth in Section 11 hereof. The Employee Relations Officer shall Process such petitions as other Recognition petitions under this Resolution. 106 25A -110 The Employee Relations Officer may on his motion propose, during the period, specified in Section 10 of this Resolution, that an established unit be modified. The Employee Relations Offfcor shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerting the proposed rroclification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall dotermino the composition of the appropriate unit or units in accordance with Section 11 of this Resolution, and shall give written notice of such determination to the affected employee orgattizatlons, The Employee Relations Officer's determination may be appealed as provided in Seotion 13 of this Resolution, If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new appropriate unit or traits pursuant to Section 6 hereof. Seotion 13. Appeals An employee organization aggrieved by an appropriate unit deteuninatien of the Employee Relations Officer ruldor this Resolution may, within ten (10) days of notice thereof, appeal such determination to the City Council for final decision, An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 6); Challenging Petition (Section 8) or Decertification Petition (Section 10) or ennployces aggrieved by a determination of the. Employee Relations Officer that a Docortiftcation Petition (Section 10) has not been filed in compliance with the applicable Provisions of this Resolution, may, within fifteen (15) days of notice of such determination, appeal the determination to the City Council for final decision. Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal, and shall render a final and binding decision regarding the resolution of the disputed issue(s) raised by tho appeal after each party involved has boon given an opportunity, during a. public meeting, to present written and oral arguments in support of their respective positions and, if the City Council so desires, after any future investigation or review of the matter as it may deem appropriate. The City Council, may, in its discretion, refer the dispute to a third party hearing process for the purpose of seeking an advisory determination prior to malting its final decision mgatdutg the resolution of the dispute. Section 14; 8 ubmisaion eLf Cturrc nt Tnfonma_ • tion by Recognized hiin lqyee Oraau nations All changes in the information filed with the City by a Recognized Employee Organization under Itoms 1 tltrough 1,3 of its Recognition Petition under Section 6 of this Resolution shall be submitted in writing to the .Employee Relations Officer within fifteen (15) days of such change. 107 25A -111 Section 15: Payroll Deduct Rna on —Bah4lf off "E ylc Mc Organizations Upon formal ackrrowledgnnent by the City of a Recognized Employee Organization under this Resolution, only such Recognized- Employee Orgariza.tion maybe provided payroll deductions of membership dues slid insurance premiums for plans sponsored by such organization upon the written authorization of otnployces in the unit represented by Recognized Employee Organization on forms provided therefore by the City. The providing of such service to the Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Mem orandatn of Understanding and/or applicable administrative procedures. Section 16: Employee Organization Activities - Use o'C Resources Access to City work Ieations and the use of City paid time, facilities, equipment and other resources by annployee organizations and those representing them shall be authorized only to the extent provided for in Memorandum of Understanding and/or administrative procedures; shall be limited to activities pertaining directly to the employer - employee relationship and not such internal employee organization business as soliciting membership, campalglihig for office, and organization meetings and elections; and shall not interfere with the efficiency, safely and security of City operations, Section 17: Administrative Rules and Procedures The Employee Relations Officer is hereby authorized to establish such piles and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Section 18: Initiationof Impasse Procedures If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with tine other party a written request for an impasse meeting, together with a statement o.f its position on all disputed issues. An impasse meeting shall then be, scheduled promptly by the Employee Relations Officer, The purpose of such impasse meeting shall be: To identify and specify in writing the issue or issues that remain in dispute; To review the position of the parties in a final effort to resolve such disputed issue or issues; and if tic dispute is not resolved, to discuss arrangement for the utilization of the impasse procedures provided herein. 108 25A -112 Section 19: Impasse Procedures Impasse procedures are as follows: If the parties so agree, the issue or issues at impasse shall be submitted directly to the City Council far determination, If they do not agree within seven (7) days following the conclusion of the impasse meoting set forth in Section 18 above, either party may submit the impasse to mediation. All mediation proceeding shall be private and the mediator shall make no public recommendation, nor take any public position at any time concerning the issues. If the, parties are unable to agree on a mediator after a reasonable period of time, they shall select the mediator from a list of three names to be provided by the State Conciliation Service, or if that agency for any reason shall fail to provide such list, by the American Arbitration Association, Upon receipt of such list, the parties shall alternately strike names from the list until a single name remains who shall become the mediator, The priority of striking names shall alternate from one party to the other each time impasse procedures are invoked by the same parties. The employee organization or the City shall commence this process in an order determined by lot striking the first name from such list of names in any initial mediation, The cost of the mediator, if airy, shall be shared equally by both parties, If the parties have failed to resolve all their disputes through mediation within tiftew (15) clays after the mediator commenced meetings with the parties, the parties may agree to submit the issues in dispute directly to the City Council. In that event, the City Council shall finally determine the issues after conducting a public how-ing thereon and after such further investigation of the relevant facts as it may deem appropriate, If the parties have oxhausted the mediation process, the matter shall be submitted to the City Council for resolution. Section 20: Construction This Resolution shall be administered and construed as follows: Nothing in this Resolution shall be construed to decay to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law or City Charter provisions, Nothing in this Resolution- shall be construed as making the provisions of California I „abor Code Section 923 applicable to City employees or amployeo organizations, or of giving employees or 109 25A -113 employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any Wilco, sickout, other total or part d stoppage or slowdown of work or any other interference with the conduct of the City's operations. Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding between any employee organization and the City in dfoct on the effective date of this Resolution. All such agreements shall continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of the parties thereto. Whenever written notice is required by this Resolution, such notice shall doern to have been received on the day immediately following the day on which it was mailed (excluding Saturdays, Sundays, and holidays on which the offices of the City are closed) provided the same was sent by fist class or certified mail, postage prepaid to the City at 20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its last address ftunished to the City, Section 21: Severability In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such portion to any person or circumstance, shall be held invalid by a decision of any court of competent jurisdiction, the reuxnainder of this Resolution, or the application of such portion to persons or circumstances other than those as to which it is hold invalid, shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or more sections, subsections, sentences, clauses or phrases be declared invalid. NOW, THEREFORE.,, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution shall be operative from and after May 18, 1981• ADOPTED this 186' day of May, 1981, by the following vote: AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat 110 25A -114 EMI-UBIT D 9/80 ITAM'ASW CLAIM[ Narno: Division /Section: Position; Work Telephone Number; Supervisor Natne and Telephone; Work Hours: Proposed Work Hours: HARDSHIP CLAIMED: OPTIONS EXPLORED BY EMPLOYEE TO RESOLVE PERSONAL HARDSHIP EMPLOYEE'S PROPOSED SOLUTION; SUPERVISOR'S NEEDS AND CONCERNS: COMMITTEE'S RECOMMENDATION TO DEPAR'T'MENT HEAD: III 25A -115 25A -116