HomeMy WebLinkAbout25C - AGMT - POA MOUREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 5, 2017
TITLE:
MEMORANDUM OF
UNDERSTANDING - SANTA ANA
POLICE OFFICERS ASSOCIATION
(SAPOA) (STRATEGIC PLAN NO.
7,4&6)
TY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
011=i1TV
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 s Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding
with the Police Officers Association, subject to non -substantive changes approved by the City
Manager and City Attorney, regarding wages and other terms and conditions of employment for a
one-year period ending June 30, 2018.
DISCUSSION
The City and the SAPOA recently completed contract negotiations resulting in a new one-year
Memorandum of Understanding (MOU). The MOU covers July 1, 2017 through June 30, 2018.
The terms reflect direction given to staff by City Council on June 6, 2017. the SAPOA voted and
approved these terms on June 13, 2017.
The major provisions of this agreement include:
1. Term: A one-year term, from July 1, 2017 through June 30, 2018.
2. Salary: Effective July 1, 2017, the base salary of employees covered by this MOU shall be
increased by two -three quarters percent (2.75%). Effective January 1, 2018, the base salary
of employees covered by this MOU shall be increased by two -three quarters percent (2.75%).
3. Career Development Program: Effective July 1, 2017 Career Development pay for non -sworn
SAPOA members will be to increase base pay from 2.5% to 5% for an AA degree, from 5%
to 7.5% for a BS degree and a third level of 10% for a Master's Degree shall be added. This
shall only apply to classifications which do not require a degree.
4. Longevity Pay: Implementation of a new section which provides for a Longevity Program for
sworn employees. Sworn employees will be paid 2.5% above his or her base monthly salary
step for the completion of 15 years of service through 19 years of service and at the
completion of 20 years of service or more, sworn employees will be paid 2.5% above his or
her base monthly salary step.
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Retiree Health Insurance: Effective July 1, 2017, the base salary of employees covered by
this MOU such as they are on that date shall be increased by one percent (1%). Effective
July 1, 2017, all employees will contribute two percent (2%) of their base salary plus pay
additives through payroll deduction to a fund maintained by the Santa Ana Police Officers
Association for the purpose of providing retiree health insurance premium reduction
assistance. This payroll deduction for retiree health insurance premium reduction
assistance will continue until such time as the parties may mutually agree to end said
reduction.
6. Shift Differential: Effective July 1, 2017 each employee covered by this Agreement who is
continuously and regularly assigned to a schedule of work that requires that he or she
actually work a minimum of four and one-half (4 ''/z) hours between the hours of 5:00 P.M.
and 7:00 A.M. will be paid a shift differential at a rate set at 2.5% above his or her base
monthly salary of Step E, Range 695, Police Officer.
7. Presidents Leave: The POA Association President cost shall be paid one hundred percent
(100%) of salary including any salary additives, such as career incentive pay, benefit costs
and pension cost. All Association members shall donate one floating holiday annually to the
City as reimbursement for 100% of the cost of the Association President salary, additives,
such as career incentive pay, pension and benefit costs. This language clarifies an existing
agreement.
8. Union Leave: The City agrees to grant up to a total of sixty hours (60) per fiscal year on a
non -cumulative basis to enable the POA members, officers, worksite leaders/stewards, to
conduct Union business and assist other bargaining unit employees in processing
grievances under the Grievance Review Procedure; provided, however, that such POA
members officers, worksite leaders/stewards and aggrieved employees shall make advance
arrangement with their supervisors prior to absenting themselves for such purpose. The
officers, worksite leaders/stewards and aggrieved employees 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.
9. PERS Contribution: Effective January 1, 2018 all Safety employees who do not qualify as
"New Members" under PEPRA shall pay twelve percent (12%) of their reportable salary to pay
for the employer portion of the City's CalPERS contribution. This payment shall be paid in
accordance with Government Code Section 20516.5"
10. Health Insurance: The City shall cap its' contribution to SAPOA for Health Insurance at
itsI current rate.
11. Reopeners: The City and SAPOA agree that upon request of the City the contract will be
reopened to discuss the following subjects:
1. Modifications to the departmental schedules as outlined in Article III of the MOU
2. Changes to the Article XVII and related changes to City Charter and/or the Municipal
Code referencing the Personnel Board process including but not limited to the use of a
Hearing Officer.
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STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #4, Establish
employee compensation that attracts and retains a highly qualified workforce and Objective #6,
Provide a positive workplace environment that supports the health of its employees and celebrates
its success.
FISCAL IMPACT
The gross value of the Police Officers Association (POA) Memorandum of Understanding (MOU)
for the period July 1, 2017 through June 30, 2018 totals $3,867,551. A combination of
offsets/adjustments in the MOU are estimated at $1,791,453, and reallocations of positions or
programs are projected to be $2,076,098.
Staff will monitor the realization for the above -referenced offsets and program savings /
reallocations. If the projected plan savings are not realized, a recommendation will be made to
fund any shortfalls with additional use of one-time monies or additional funding sources during the
mid -year budget review process.
APPROVED AS TO FUNDS AND ACCOUNTS
Edward a %r Franc co Gutierrez
Executive Director Executive Director
Personnel Services Agency Finance and Management Svcs Agency
Attachment: SAPOA MOU for July 1, 2017 through June 30, 2018
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JULY 1, 2017 -JUNE 30, 2018
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
BONN
SANTA ANA POLICE OFFICERS ASSOCIATION
25C-5
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR FISCAL YEARS 2017-18
TABLE OF CONTENTS
ARTICLE I
RECOGNITION
ARTICLE II
NON-DISCRIMINATION CLAUSE
ARTICLE III
ATTENDANCE, WORK PERIOD, WORK SCHEDULE
& WORKDAY
ARTICLE IV
SALARIES
ARTICLE V
ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
ARTICLE VI
CAREER DEVELOPMENT PROGRAM
ARTICLE VII
TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM
ARTICLE VIII
OVERTIME
ARTICLE IX
HOLIDAYS
ARTICLE X
VACATION
ARTICLE XI
OTHER LEAVES OF ABSENCE
ARTICLE XII
EMPLOYEE INSURANCE
ARTICLE XIII
RETIREMENT
ARTICLE XIV
RELEASE TIME FOR ASSOCIATION REPRESENTATIVE
ARTICLE XV
SAFETY
ARTICLE XVI
RESIDENCY
ARTICLE XVII
DISCIPLINE
ARTICLE XVIII
GRIEVANCE REVIEW PROCEDURE
ARTICLE XIX
DUES DEDUCTION AND INDEMNIFICATION
ARTICLE XX
CITY RIGHTS
ARTICLE XXI
STRIKES AND WORK STOPPAGES
ARTICLE XXII
LAYOFFS
ARTICLE XXIII
MISCELLANEOUS PROVISIONS
ARTICLE XXIV
SOLE AND ENTIRE AGREEMENT
ARTICLE XXV
WAIVER OF BARGAINING DURING THE TERM OF
THIS MOU
ARTICLE XXVI
SEPARABILITY PROVISION
ARTICLE XXVII
TERM OF MOU
ARTICLE XXVIII
RATIFICATION AND EXECUTION
EXHIBIT A BASIC SALARY AND WAGE SCHEDULE MATRIX
EXHIBIT B UNIFORM ALLOWANCE BY CLASSIFICATION
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ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provision of the Meyers-Milias-Brown Act, Government Code Section
3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa
Ana Police Officers Association (herein called the "Association") as the recognized
representative of the bargaining unit which includes full-time police department employees
in the swom, "safety -member" classifications and assignments of Police Officer, Police
Sergeant, and full-time police department employees in the non -sworn, "miscellaneous -
member" classifications and assignments of Animal Service Officer I and II, Background
Investigator, Communications Services Officer, Correctional Officer, Correctional
Supervisor, Crime Research Aide, Crime Research Analyst, Emergency Operations
Coordinator, Firearms Examiner, Forensic Services Supervisor, Forensic Specialist I and
II, Parking Control Officer, Police Athletic/Activities League Assistant Director, Police
Communications Supervisor, Police Community Services Specialist, Police Evidence and
Supply Specialist, Police Evidence and Supply Supervisor, Police Investigative Specialist,
Police PhotoNideo Specialist, Police Property and Evidence Supervisor, Police Recruit,
Police Service Officer, Police Services Dispatcher, Range Master, Senior Parking Control
Officer, and Traffic Services Specialist, as well as such classifications as may be added
hereafter by resolution of the City Council. All other classifications not specifically listed
are excluded from representation by the Association.
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ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and Association agree that they shall not discriminate against any employee in
violation of State or Federal law. The City and the Association shall reopen any provision
of this MOU for the purpose of complying with any order of a Federal or State agency or
court of competent jurisdiction requiring a modification or change in any provisions of this
MOU in compliance with State or Federal anti -discrimination laws.
2.2 Whenever reference is made to the masculine gender it shall be understood to include the
feminine gender, unless expressly stated otherwise.
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ARTICLE III
3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY
3.1 Attendance. Employees covered by this MOU shall be in attendance at their work location
during hours prescribed by the Police Chief or his designee(s) and shall not absent
themselves during prescribed hours without approval of the Police Chief or his designee(s).
3.2 Definitions.
A. Standard Work Period. The Standard Work Period shall consist of a consecutive
seven (7) day, 168 hour period.
B. Alternative Work Period -207(k) Exempt Employees, The Alternative World Period
shall apply to all members of the Association who are peace officers, correctional
officers or correctional supervisors who are exempt from the overtime provisions
of the Fair Labor Standards Act (FLSA) pursuant to Section 207(1). The 207(k)
employees' Work Period shall consist of a consecutive 28 day, 672 hour time
period. In conformance with the FLSA, members who are peace officers,
correctional officers, or correctional supervisors shall not be eligible for FLSA
overtime, as defined under the FLSA for employees assigned to the Alternate Work
Period until they have worked in excess of 171 hours in the Alternate Work Period.
Nothing in this section shall prevent a peace officer, correctional officer or
correctional supervisor from earning overtime and being compensated for overtime
based on the overtime provisions as stated in Article VIII of this MOU. All
overtime shall be paid at one and one-half (1 1/2) times the regular rate of pay.
Regular Rate of Pay: Shall mean the base rate of pay and any Assigunent and Other
Special Pay Additives, Career Development Program Pay, Call -Back -Dully a nd Court
Appearance pay as listed in Article V, VI and VIII.
C. Work Hours. Work hours are the regularly scheduled hours of work as determined
by the Police Chief or his designee. A "day" is defined as any consecutive 24 hour
period.
D. World Schedules. At this time, the Police Chief has established the following work
schedules. These schedules may be changed by the Police Chief subject to the
provisions of the Meyers-Milias-Brown Act. Unless exigent circumstances exist,
the Police Chief, or his designee, shall inform the Association prior to the changing
of the below designated Work Schedules.
Standard World Period Schedules.
a. 5/40 Work Schedule. Employees shall work five (5) eight hour
workdays per seven (7) consecutive days, 168 hour Standard Work
Period. Each workday shall consist of eight (8) hours of work and
a 30 minute unpaid meal period.
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b. 4/10 Work Schedule. Employees shall work four (4) 10 hour days
per seven (7) consecutive days, 168 hour Standard Work Period.
Each workday shall consist of 10 hours of work, and either a 30
minute or one (1) hour unpaid meal period. The determination as to
a 30 minute or one (1) hour unpaid meal period shall be made by the
Police Chief or his designee.
C. 9/80 Work Schedule. Employees shall work four (4) nine hour days
and one (1) four hour day in each seven (7) consecutive days, 168
hour Standard Work Period. Each nine (9) hour workday shall
consist of nine (9) hours of work and either a 30 minute or one (1)
hour unpaid meal period. The eight hour workday shall consist of
four (4) hours applied to the first seven (7) day period and four (4)
hours applied to the second seven (7) day period divided by either a
30 minute or one (1) hour unpaid meal period. The determination
as to a 30 minute or one (1) hour unpaid meal period shall be made
by the Police Chief or his designee.
d. 12/40 Work Schedule. Employees shall work three (3) 12 hour and
30 minute workdays and one (1) four hour workday in each seven
(7) consecutive day,168 hour Standard Work Period. Each workday
shall consist of 11 hours and 30 minutes of work, and a one (1) hour
meal period, 30 minutes of which shall be paid and 30 minutes of
which shall be unpaid, for a total of 12 hours and 30 minutes. The
four (4) hour workday shall consist of four (4) hours of work.
2. Alternate Work Period Schedules -207(k) Exempt Employees.
a. 207(k) 3/12.5 Work Schedule — Patrol/Canine. Employees shall
work thirteen 12 hour and 30 minute workdays in each 28 day FLSA
Work Period. Of the 13 workdays, an employee assigned to this
schedule shall be required to work one (1) 12 hour and 30 minute
"payback" day each 28 day FLSA Work Period, scheduled or
assigned pursuant to the Department's work schedule policy. Each
workday shall consist of 12 hours of work and a30 minute paid meal
period. During each 28 day FLSA Work Period, employees shall
work 162.5 hours. Upon completion of this work schedule,
employees will cam an additional two (2) hours and 30 minutes of
vacation time, provided they do not take leave without pay during
that Work Period. Employees assigned to this schedule are
compensated for their meal periods. Consequently, if an employee
is unable to take his or her meal period, or is interrupted during his
or her meal period, he or she shall not receive further compensation.
b. 207(k) 7/12.5 Work Schedule - Detention. Employees shall work
three (3) 12 hour and 30 minute workdays in one (1) seven day
period and four (4) 12 hour and 30 minute workdays in the next
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seven (7) day period, or alternatively, four (4)12 hour and 30 minute
workdays in the first seven (7) day period and three (3) 12 hour and
30 minute workdays in the following seven (7) day period. This
cycle shall be repeated twice each 28 day FLSA Work Period. Each
workday shall consist of I I hours and 30 minutes of work and a one
(1) hour meal period, 30 minutes of which shall be paid and 30
minutes of which shall be unpaid, for a total of 12 hours and 30
minutes. During each 28 day FLSA Work Period, employees
assigned to the 207(k) 7/12.5 Work Schedule shall earn one (1) hour
of vacation time if they do not take leave without pay during that
Work Period. Correctional Officers will be compensated at the time
and a half overtime rate for all time worked in excess of their regular
work shift of 12.5 hours per workday. The overtime compensation
will apply only to actual time worked beyond the regular shift and
calculated in increments of six (6) minutes.
C. 207(k) 4/10.5 Work Schedule -Detention Administration.
Employees shall work seven (7) ten hour and 30 minute workdays
and one (1) ten hour workday during each two (2) week period. This
pattern will recur twice during the 28 day FLSA Work Period. Each
10 hour and 30 minute workday shall consist of 10 hours and 30
minutes of work and either a 30 minute or one (1) hour unpaid meal
period. The 10 hour workday shall consist of 10 hours of work and
either a 30 minute or one (1) hour unpaid meal period. The
determination as to a thirty (3 0) minute or one (1) hour unpaid meal
period shall be made by the Police Chief or his designee.
d. 207(k) 4/10 Work Schedule. Employees shall work 16 ten hour
workdays in each 28 day FLSA Work Period. Each workday shall
consist of 10 hours of work and either a 30 minute or one (1) hour
unpaid meal period. The determination as to a 30 minute or one (1)
hour unpaid meal period shall be made by the Police Chief or his
designee.
e. 207(1) 9/80 Work Schedule. Employees shall work five (5) nine
hour workdays in one (1) seven (7) day span and three (3) nine hour
workdays and one (1) eight hour workday in the second seven (7)
day span, or alternatively three (3) nine hour workdays and one (1)
eight hour workday in the first seven (7) day span and five (5) nine
hour workdays in the second span. This cycle shall be repeated
twice each 28 day FLSA Work Period. Each nine (9) hour workday
shall consist of nine (9) hours of work and either a 30 minute or one
(1) hour unpaid meal period. The eight (8) hour workday shall
consist of eight (8) hours of work and either a 30 minute or one (1)
hour unpaid meal period. The determination as to a 30 minute or
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one (1) hour unpaid meal period shall be made by the Police Chief
or his designee.
207(k) 9/81 Work Schedule. Employees shall work 81 hours in a
consecutive 14 day, 336 hour period. This cycle shall be repeated
twice each 28 day FLSA Work Period. Employees shall work five
(5) nine hour workdays in one (1) seven (7) day span and four (4)
nine hour workdays in the second seven (7) day span. Each nine
hour workday shall consist of nine (9) hours of work and either a 30
minute or one (1) hour unpaid meal period. While assigned to the
9/81 schedule, an officer shall earn two (2) hours of overtime during
each 28 day FLSA Work Period, unless he or she takes leave without
pay during the 28 day, 672 hour period.
During the term of this agreement upon request from the City the Union
agrees to a reopener to discuss changes to the schedules listed above.
3.3 Part Time Employment. During the term of this MOU, no presently existing full-time
positions will be eliminated as the result of the use of part-time employee(s) and, to the
extent possible, when the workload of any one or more part-time employee(s) would justify
the addition of a full-time position or positions, the parties will meet and confer regarding
the addition of a full-time position or positions, subject to City Council approval.
3.4 Code Seven. Except for those employees assigned to Patrol, other employees whose meal
periods are interrupted by the performance of job related duties, will receive another full,
uninterrupted lunch period or will be compensated for their lunch period at their overtime
rate of pay at time and one-half their regular rate of pay. For purposes of this section,
"interrupted" shall mean a significant interruption of more than a few minutes (de
minimus). For employees who receive a one-hour lunch period (half of which is paid)
overtime compensation shall apply only to the unpaid half-hour. Unless exigent
circumstances exist beyond the Department's control, employees assigned to Patrol shall
be provided a 30 minute paid meal period. Should an employee's meal period be
interrupted, every effort shall be made to allow the affected employee to resume his/her
meal period for the remaining unused time, not to exceed the 30 minute total meal period.
3.5 DETECTIVE REDEPLOYMENT
All employees assigned as detectives (investigators) shall work one (1) day per month in
the patrol function of the Field Operations Bureau pursuant to a schedule as determined by
the Chief of Police or his designee.
Once each calendar year the Chief of Police shall conduct a review of the organization of
the Police Department to determine whether positions and assignments currently in the
Investigations Bureau represent a deployment of resources that best enables the department
to provide police services to the city.
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The Chief of Police may, as a result of this review, remove positions and assignments from
the Investigations Bureau and assign them, and the individuals who occupy them, to other
bureaus or eliminate them and assign the individuals who occupy them to other positions
and assignments in the department.
The annual review and any re -assignment made as a result of the review shall be completed,
including the appeal thereof outlined below, sufficiently in advance of the annual patrol
deployment sign-up to enable those who will be assigned to Patrol to make use of their
seniority when choosing patrol shifts and days off,
Any employee who is informed that he or she will be removed from the Investigations
Bureau and lose the Investigations assignment pay differential may appeal to the Chief of
Police. Said appeal constitutes the sole administrative appeal of the Chiefs decision, shall
be conducted in an informal manner and the decision of the Chief shall be final.
ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
members of the Santa Ana Police Officers Association who are now employed or will in
the future be employed in any of the designated classifications of employment listed in this
MOU and its attachments.
4.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit
"A", and made a part hereof as though set forth in full herein, provides numerous salary
rate ranges, each comprised of five (5) steps or rates of pay.
The respective rate ranges are identified by a three (3) digit number. The steps within each
range are identified by the letters "A" through "E" inclusive, with the "A" step being the
lowest step in the range. The purpose of each step and the length of service required for
advancement to the next higher step within a particular salary rate range is summarized as
follows:
Step A
Normal beginning pay rate
Step B
Automatic Increase — After 6 months' service in next lower step.
Also optional hiring rate
Step C
Automatic Increase — After 12 months' service in next lower step.
Also maximum hiring rate
Step D
Automatic Increase — After 12 months' service in next lower step.
Step E
Merit Rate — After 12 months' service in next lower step.
Specific regulations governing advancement within salary rate ranges are set forth in
Section 4.8 of this MOU. The assignment of classes to salary rate ranges is listed in the
City's salary schedule and class and compensation plan as periodically amended.
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4.3 Salary Adjustments.
A. The base salaries of Sworn employees covered by this MOU shall be adjusted as
follows:
Effective July 1, 2017, the base salary of employees covered by this MOU shall be
increased by 2.75%.
Effective January 1, 2018, the base salary of employees covered by this MOU shall
be increased by 2.75%.
B Retiree Health Contribution. Effective July 1, 2017, the base salary of employees
covered by this MOU such as they are on that date shall be increased by one percent
0%).
Effective July 1, 2017, all employees covered by this MOU will contribute two percent
(2%) of their base salary plus pay additives through payroll deduction to a fund
maintained by the Santa Ana Police Officers Association for the purpose of providing
retiree health insurance premium reduction assistance. This payroll deduction for
retiree health insurance premium reduction assistance will continue until such time as
the parties may mutually agree to end said reduction.
Additionally, effective October 1, 2017, and each October I" thereafter, the City shall
contribute an amount equal to three-quarters percent (.75%) of the bargaining unit's
annual base salary, including pay additives (excluding overtime), to a fund maintained
by the Santa Ana Police Officers Association for the purpose of providing retiree health
insurance premium reduction assistance.
4.4 Longevity Pay. Effective July 1, 2017 Sworn employees will be paid 2.5% above his
or her base monthly salary step for the completion of 15 years of service through 19
years of service. At the beginning of 20 years of service or more, sworn employees will
be paid an additional; 2.5% above his or her base monthly salary step.
4.5 Application of Basic Compensation Plan. The salary rate ranges and steps contained in
Exhibit A are monthly salary rates. All officers and employees working in classifications
of employment covered by this MOU shall be compensated at a monthly rate, except that
an employee hired for temporary work in a position which has an anticipated duration of
less than six (6) months shall be paid at a rate per hour for actual time spent in the
performance of the duties of his or her employment. Any hourly rate of pay, defined as the
regular hourly rate of pay, shall be computed by dividing the monthly salary rate plus pay
additives by 173.33. In determining the hourly rate as herein provided, computation shall
be made to the nearest whole cent and a computation resulting in exactly one-half cent or
higher shall fix the rate at the next higher whole cent.
4.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown
as Step "A" in the salary rate range allocated to the class of employment for which he or
she has been hired. In special instances where such new employee possesses unique and
exceptional education, training and/or experience qualifications, the department head
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under whom the employee will serve, may submit a written request and justification to the
City Manager for authorization to place such new employee on Step "B" or Step "C" within
the allocated salary rate range, provided that such employee shall be assigned such salary
step upon the commencement of his or her service in the classification of employment to
which the salary rate range applies and such assignment having once been made shall
remain in effect until the said employee shall be entitled to advance to the next salary step
in accordance with the further provisions of this Article.
4.7 Service. The word "service" as used in this MOU shall be deemed to mean continuous,
full-time service in the classification in which the officer or employee is being considered
for salary advancement, service in the higher classification or service in a classification
allocated to the same salary rate range and having generally similar duties and
requirements. Employees hired after the first (1st) working day of the month shall not be
credited with "time -in-service" for that month when detenriining the length of service
required for salary step advancement. A lapse of service by an officer or employee for a
period of time longer than thirty (30) calendar days by reason of resignation, quit, or
discharge, shall serve to eliminate the accumulated length of service time of such officer
or employee for the purpose of this MOU and any such officer or employee reentering the
service of the City shall be considered as a new officer or employee, except that he or she
may be reappointed within one (1) year and may be placed in the same salary step in the
appropriate salary range as he or she was at the time of termination of employment.
4.8 Advancement Within Ranges. The following regulations shall govern salary advancement
within rate ranges:
A. Length of Service Advancements. After the salary of an officer or employee has
been first established and fixed under this plan, such officer or employee shall be
advanced from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C"
to Step "D," whichever is the next higher step to that on which the officer or
employee has been previously paid, effective the first day of the month following
the date of completion of the length of service for such advancement as provided
in Section 4.2 of this MOU.
B. Merit Advance. An officer or employee shall be considered for advancement from
Step "D" to Step "E" upon the completion of 12 months' the required length service
as provided in Section 4.2 of this MOU. The effective date of such merit increase,
if granted, shall be on the first day of the month following the completion of 12
months' service. Advancement to Step "E" may be granted only for continued
meritorious and efficient service and continued improvement by the officer or
employee in the effective performance of the duties of his or her position. Such
merit advancement shall require the following:
There shall be on file in the office of the chief personnel officer a copy of
each periodic efficiency or performance report required to be made on the
officer or employee by the Santa Ana Municipal Code and/or the City
Manager during the period of service time of such officer or employee
subsequent to this last salary advancement.
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2. The Police Chief, at least twenty (20) calendar days prior to the anticipated
completion of such officer's or employee's required length of service, shall
file with the City Manager a statement recommending the granting or denial
for the merit increase and supporting such recommendations with specific
reasons therefore.
No advancement in salary above Step "D" shall become effective until
approved by the City Manager, except when placement on a salary step
above Step "D" results from promotion under the provisions of Section 4.10
of this Article.
C. Length of Service Required When Advancement Denied. When an officer or
employee has not been approved for advancement to the merit step E, he or she
may be reconsidered for such advancement after the completion of three (3) months
of additional service and shall be reconsidered for such advancement after the
completion of six (6) months of additional service. This reconsideration shall
follow the same steps and shall be subject to the same actions as provided in
Subparagraphs B (2) and B (3) of this Section.
4.9 Reduction in Salary Stens. Any officer or employee who is being paid on merit step E may
be reduced to Step "D" of the appropriate salary range, upon the recommendation of the
Police Chief, and the approval of the City Manager. Procedure for such reduction shall
follow the same procedure as outlined for merit advancements in Section 4.8 above, and
such officer or employee may be considered for re -advancement under the same provisions
as contained in Subsection C of Section 4.8.
4.10 Promotional Salary Advancement. When an officer or employee is promoted to a position
in a higher classification from a position in a lower classification in the same occupational
career ladder, he or she shall be reassigned to Step "A" in the appropriate salary rate range
for the higher classification; provided however, that if the base salary step currently being
paid such officer or employee is already equal to or higher than said Step "A," he or she
will be placed in the lowest step in the appropriate salary rate range as will grant that officer
or employee an increase of at least one (1) salary step (approximately 5%) over his or her
current base salary step including all assignment pay, pay additives, and premiums in place
at the time of promotion. Pay additives which the employee is currently receiving and for
which the employee is eligible in the new classification shall not be included in determining
the starting point.
4.11 Demotion. When an officer or employee is demoted to a position in a lower classification,
his or her salary rate shall be fixed in the appropriate salary rate range for the lower
classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step.
B. The new salary rate must be within the appropriate salary rate range.
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C. The new salary rate shall not be higher than the salary step to which the officer or
employee would have been entitled had his or her service time in the higher
classification been spent in the lower classification.
D. If the salary rate recommended by the Police Chief is lower than the maximum step
permissible under Subsection C above, such recommendation shall be considered a
reduction in pay in addition to the demotion and shall be handled in accordance
with the provisions for salary reductions (Section 4.9, above).
4.12 Reallocation of Salary Rate Ranges. Any officer or 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 Deferred Compensation. If, during the term of this MOU, the City agrees to match
employee Deferred Compensation contributions for members of any other bargaining unit,
then employees covered by this MOU shall receive the same benefit.
4.14 Joint Labor Management Study — Salary Schedule. The parties agree that at any time
during the term of this MOU either the City or the Association may ask the other party to
meet and negotiate over the implementation of a new salary schedule.
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ARTICLE V
5.0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
5.1 Assignment Pay Differentials.
Assignment pay differentials, as listed herein and throughout the contract, will, in each
case, be added individually and separately to the employee's base salary. In no event shall
one assignment pay differential be added to the employee's base salary as a basis for the
calculation of an additional pay differential.
A. An incumbent in the class of Police Services Dispatcher who is continuously and
regularly assigned to and actually performing in a lead supervisory and trainer
capacity over an assigned shift of Police Services Dispatchers will be paid at a rate
set ten (10) salary rate ranges (approximately 5,0%) above his or her then current
base monthly salary step.
B. Personnel in the class of Forensic Specialist I, who are regularly and continuously
assigned to and actually performing duties in a "lead" supervisory capacity over a
primary functional unit of Forensic Specialist I employees, will be paid at a rate set
ten (10) salary rate ranges (approximately 5.0%) above their then current base
monthly salary step.
C. An incumbent in the class of Police Officer who is continuously and regularly
assigned to and actually performing duties of a Corporal will be paid at a rate set
five (5) salary rate ranges (approximately 2.5%) above his or her then current base
monthly salary step.
If a Corporal is assigned to lead a work unit without a Sergeant, he or she will be
paid an additional five (5) salary rate ranges (approximately 2.5%) above his or her
base monthly salary step for such assignment. At the present time, Directed Patrols
and Civic Center Patrol units are examples of such assignments.
D. An incumbent in the class of Correctional Officer who is continuously and regularly
assigned to and actually performing duties of a Senior Correctional Officer will be
paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her
then current base monthly salary step.
E. The Police Chief at his discretion and based on the department's need may assign
sworn officers to standby status for non -work days or other days as determined by
the Police Chief. Officers thus assigned will be compensated at the rate of two (2)
hours of straight time per day of standby duty. Officers assigned to standby status
on non -work days will not lose their standby pay when called to duty, if they have
been on call for at least six (6) hours when called. If officers on standby status are
called to duty after having been on call for less than six (6) hours, they will be paid
for their response to work, but not for their standby status.
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F. An employee who is continuously and regularly assigned as a Training Officer
working in Field Operations, the Detention facility, or as a Forensic Specialist II
will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his
or her then current base monthly salary step.
G. An employee who is continuously and regularly assigned to and actually
performing duties of an Internal Affairs Officer will be paid at a rate set five (5)
salary rate ranges (approximately 2.5%) above his or her then current base monthly
salary step.
H. An employee who is continuously and regularly assigned to perforin training
functions as a Parking Control Officer will be paid at a rate set five (5) salary rate
ranges (approximately 2.5%) above his or her then current base monthly salary step.
I. An incumbent in the class of Police Officer who is continuously and regularly
assigned as a Canine Officer will be paid at a rate set ten (10) salary rate ranges
(approximately 5%) above his or her then current base monthly salary step. This
pay shall be considered compensation for the care and feeding of the dog and will
be in lieu of the thirty (30) minutes of time each day currently provided for such
purpose.
An incumbent in the class of Police Officer who is continuously and regularly
assigned to and actually performing duties of a Motor Officer assigned to the
Traffic Division will be paid at a rate set five (5) salary rate ranges (approximately
2.5%) above his or her then current base monthly salary step.
K. An incumbent, identified by the Police Department, who is continuously and
regularly assigned to and actually performing duties of a Detective/Investigator
assigned to the Investigations Division or Special Investigations Units as well as
Police Investigative Specialist, Background Investigator, Collision Investigator,
and Graffiti Task Force Investigator, will be paid at a rate set five (5) salary rate
ranges (approximately 2.5%) above his or her then current base monthly salary step.
L. Employees in the class of Correctional Officer or Correctional Supervisor, who is
continuously and regularly assigned to either the 207(k) 7/12.5 Corrections Work
Schedule, or the 4/10.5 Corrections Administration Work Schedule, shall be paid
at a rate set six (6) salary rate ranges (approximately 3%) above his or her then
current base monthly salary step. This assignment pay is compensation for the
additional 30 minutes work or briefing time each day. CaIPERS has detennined this
pay additive does not qualify as special compensation under CCR 571(a) and as
such, is not reportable as final compensation when calculating retirement benefits.
M. Personnel in the class of Firearms Examiner who are regularly and continuously
assigned to and actually performing duties in a "lead" supervisory capacity over a
primary functional unit, will be paid at a rate set ten (10) salary rate ranges
(approximately 5.0%) above their then current base monthly salary step.
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N. Notwithstanding the specific provisions of Article V, Section 5.1, A —M, supra, an
incumbent who is regularly and continuously assigned to lead a functional unit
which includes positions in the same or lower classifications as the incumbent, may
be compensated for said duties upon mutual agreement of the City and POA and
approval of the Police Chief and the Executive Director of Personnel Services. This
compensation shall be referred to as "lead pay."
O. An incumbent in the class of Forensic Specialist I or Forensic Specialist lI who is
continuously and regularly assigned as a Tenprint — AFIS Technician will be paid
at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then
current base monthly salary step.
P. An incumbent in the class of Forensic Specialist I or Forensic Specialist II who is
continuously and regularly assigned as a Fingerprint Analyst will be paid at a rate
set five (5) salary rate ranges (approximately 2.5%) above his or her then current
base monthly salary step. In no event shall an incumbent receive more than ten
(10) salary rate ranges (approximately 5%) more than his or her then current base
monthly salary step for performing the duties of both the Tenprint — AFIS
Technician and Fingerprint Analyst.
5.2 Shift Differential,
A. Non -Sworn Personnel. Each employee in the classes of Animal Service Officer I,
Animal Service Officer II, Forensic Specialist I, Crime Research Analyst, Forensic
Specialist II, Police Communications Supervisor, Police Investigative Specialist, Police
Property & Evidence Specialist, Police Service Officer, Police Evidence and Supply
Specialist, Police Services Dispatcher, Communications Services Officer, Correctional
Officer, Correctional Supervisor and Parking Control Officer who is continuously and
regularly assigned to a schedule of work which requires that he or she actually work a
minimum of four and one-half (4 1/2) hours between the hours of 5:00 P.M. and 7:00 A.M.
will be paid a shift differential at a rate set ten (10) salary rate ranges (approximately 5.0%)
above his or her then current base monthly salary step.
B. Effective July 1, 2017 each Sworn employee covered by this Agreement who is
continuously and regularly assigned to a schedule of work that requires that he or she
actually work a minimum of four and one-half (4 %z) hours between the hours of 5:00 P.M.
and 7:00 A.M. will be paid a shift differential at a rate set at 2.5% above his or her base
monthly salary.
5.3 Bilingual Pav. Qualified employees who meet the following criteria shall be paid a monthly
pay differential, above his or her base monthly salary step, as follows:
A. Assignment by the Police Chief or his designee to a position requiring bilingual
capability in both English and any other languages designated by the Orange
County Registrar of Voters as necessary for official voting information and or
Federal Voting Rights Act; and
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B. Certification by the chief personnel officer as having satisfactorily demonstrated
the required level of fluency in both languages.
C. Sworn: Street Level Proficiency in Spanish. A Police Officer or Sergeant who
successfully demonstrates the required level of bilingual fluency as determined by
the chief personnel officer shall be paid a bilingual pay differential in an amount
equal to the product obtained by multiplying the Step "E" base salary rate of Police
Officer by five (5) salary rate ranges (approximately 2.5%).
Employees receiving "Street Level Proficiency" incentive pay may be required, as
a condition of continued eligibility to receive such incentive pay, to successfully
complete an eight (8) hour refresher course once every twelve months from the date
of initial certification.
D. Sworn: Complex Level Proficiency in Designated Languages. A Police Officer or
Police Sergeant who successfully demonstrates the required level of bilingual
fluency as determined by the chief personnel officer shall be paid a bilingual pay
differential in an amount equal to the product obtained by multiplying the Step "E"
base salary rate of Police Officer by ten (10) salary rate ranges (approximately 5%).
E. Non -Sworn: Secondary Level Proficiency in Designated Languages. A non-swom
employee who successfully demonstrates the required level of bilingual fluency as
determined by the chief personnel officer shall be paid a monthly differential of
forty dollars ($40) above his or her then current base monthly salary step.
Nan -Sworn: Primary Level Proficiency in Designated Languages. A non -sworn
employee who successfully demonstrates the required level of bilingual fluency as
determined by the chief personnel officer shall be paid a monthly differential of one
hundred seventy-five dollars ($175) above his or her then current base monthly
salary step.
5.4 All assignments to positions set forth in Sections 5.1, 5.2, 5.3 above of sworn and non -
sworn personnel shall be made or revolted in a fair manner at the discretion of the Police
Chief.
5.5 Temporary Upgrade Assignment Pay. The parties acknowledge that from time to time it
may be necessary for the department to fill a temporarily vacant, full-time budgeted,
higher-level position due to the temporary absence of the incumbent. The parties agree
that such a position may be filled by an eligible unit member for an initial period of up to
six (6) months, and at the discretion of the Chief of Police, for an additional six (6) months;
and that the employee assigned to fill such a position shall receive Temporary Upgrade
Assignment Pay as set forth below:
A. Eli ibili .
Full-time employees shall be assigned to fill a vacant, full-time budgeted, higher-
level position, and shall receive Temporary Upgrade Assignment Pay for filling
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25C-21
that position, when the occupier of that position is not performing the duties of that
position for a period of two (2) consecutive calendar weeks or more. An employee
filling a position under this section who is absent for two (2) days or less during the
two (2) consecutive calendar week period will not lose his or her eligibility for
Temporary Upgrade Assignment Pay; however, the days of absence shall not be
counted in the computation of the two week period.
In computing qualifying service or temporary upgrade assignment pay only full
days of actual duty shall be included. Partial days shall not be combined to make
full days unless they are holiday hours. Holiday time off will be included in
computing actual duty days.
Employees holding the position immediately subordinate to the vacant, full-time,
budgeted, higher-level position to be filled shall be given first consideration to said
position consistent with the operational needs of the department. When there is
more than one (1) employee holding the position immediately subordinate to the
vacant, full-time, budgeted, higher-level position to be filled, the most senior
employee holding one of the immediately subordinate positions shall be assigned
to said position consistent with the operational needs of the department.
Non -permanent employees (probationary, part-time, seasonal, etc.) and employees
performing work above their regular class in a training capacity shall not be
assigned to a vacant, full-time, budgeted, higher-level position in accordance with
this section unless specifically authorized by the City Manager.
B. Compensation.
After an employee has served two (2) consecutive calendar weeks in a
vacant, fill -time, budgeted, higher-level position, lie shall be compensated
at the Temporary Upgrade Assignment Pay rate for each full day that he is
assigned to the higher-level position, retroactive to the first (11C day of said
assignment.
2. An employee serving in a Temporary Upgrade Assignment will be paid a
temporary assignment pay premium at a rate set ten (10) salary rate ranges
(approximately 5%) above their then current base monthly salary step.
An employee assigned to a vacant, full-time budgeted, higher-level position
not represented by this bargaining unit will retain all fringe benefits afforded
to members of this bargaining unit, if the employee remains eligible for such
pay while in the temporary assignment, in accordance with this MOU, but
will not be eligible for any benefits afforded to members of the bargaining
unit for the position to which he or she is temporarily assigned.
4. An employee assigned to a vacant, fill -time, budgeted, higher-level
position will continue to accrue, and have recorded, general, special, or
normal salary step increases in the employee's permanent position;
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however, such salary increase will be paid only to maintain the minimum
ten (10) salary rate range (approximately 5%) differential required by this
section.
ARTICLE VI
6.0 CAREER DEVELOPMENT PROGRAM
6.1 Definitions. For the purpose of clarifying the criteria for the Police Career Development
Program designations set forth in Sections 6.2 through 6.8 of this Article, the following
definitions apply. It is the responsibility of the employee regardless of rank or
classification, to notify the police department human resources of the completion of any
Career Development Pay requirements and to provide the required proof of completion or
eligibility. Any Career Development pay additive shall not commence until the department
is notified by the employee of obtaining eligibility and all required proof of eligibility is
received by the department.
A. Educational Units. One (1) completed "semester" unit in an academic course of
instruction approved by the Police Chief and in an accredited college or university
shall equal one (1) educational unit. One (1) "quarter" unit achieved in an educational
institution as above shall equal two-thirds (2/3) of an educational unit. "Trimester"
units or other standards of measurement used as a basis in awarding scholastic
credits will be accorded the same evaluation and weight as provided by the
respective accredited college or university. Only completed coursework credited
with a letter grade "C" or better or a grade of "Pass" when evaluated by the
"Pass/Fail" method will be accepted. If such ratings are not rendered for a specific
course, then a certificate of successful completion must be submitted.
B. Training Units. Twenty (20) classroom hours or its equivalent of approved police
training shall equal one unit.
Regular, periodic, on-the-job training programs shall not be considered as fulfilling
this requirement. Neither shall the special training required for Crime Scene
Investigators and Advanced Officers or other similar mandatory training (e.g., First
Aid, C.P.R. Recertification, etc.) nor the basic introductory training or similar
training given an employee during his or her probationary period be given credit
for the awarding of training units.
When college credit is awarded for special training in police work, such
units of credit may be counted for either training units or educational units
as the officer may select.
2. Training units may be earned by the assignment to and performance of
sworn police officer duties (other than uniformed field patrol work in Field
Operations Division) with one (1) full and continuous month of such
assignment equal to one (1) training unit. Credit for experience in
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assignments other than patrol work in Field Operations shall not be given,
unless at least three (3) full and continuous months of such assignment have
been completed. Not more than six (6) units of training through assignment
to non -patrol duties may be earned in any one (1) year and not more than
fifteen (15) such training units by assignment shall be used in meeting the
criteria for the Police Career Development Program designations as set out
in this Article.
6.2 Crime Scene Investigator (C.S.I.). Any sworn, safety -member Police Officer who attains
the following educational and experience requirements and the approval as set out below
shall be paid an additional five (5) salary rate ranges (2.5%) above his or her then current
base monthly salary step. The criteria for such designation shall be as follows:
A. Completion of two (2) years of experience as a sworn Police Officer, at least one
of which shall be in the Santa Ana Police Department.
B. Completion (acquisition) of at least thirty (3 0) educational and/or training units.
C. Assignment to and actual performance of the duties and responsibilities of a C.S.I.
D. Completion of a special training course for Crime Scene Investigators as developed
and administered by the Santa Ana Police Department or such alternative course as
designated for such purpose by the Police Chief.
E. Approval of the Police Chief. The number of such designations as C.S.I. shall be
no larger than the requirements of the department as determined by the Police
Chief,
6.3 Senior Police Officer I. Any sworn, safety -member Police Officer, regardless of duty
assignment, who fulfills the requirements established in this section shall be designated as
a Senior Police Officer I and shall be paid at a rate set fifteen (15) salary rate ranges
(approximately 7.5%) above his or her then current base monthly salary step. The criteria
for such designation shall be as follows:
A. Completion of five (5) years of municipal police experience in the Police Officer
classification, of which thirty (30) months must be with the Santa Ana Police
Department.
B. Completion (acquisition) of at least sixty (60) educational and/or training units.
C. Approval of the Police Chief.
6.4 Senior Police Officer II. Any swom, safety -member Police Officer, regardless of duty
assignment, who fulfills the requirements established in this section shall be designated as
a Senior Police Officer II and shall be paid at a rate set twenty-five (25) salary rate ranges
(approximately 12.5%) above his or her then current base monthly salary step in the Police
Officer classification. The criteria for such designation shall be as follows:
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A. Completion of seven (7) years of municipal police experience in the Police Officer
classification, of which thirty (30) months must be with the Santa Ana Police
Department.
B. Completion (acquisition) of at least ninety (90) educational/training units; or
possession of an Associate of Arts degree from an accredited college with an
additional thirty (3 0) or more educational/training units.
C. Approval of the Police Chief,
6.5 Senior Police Officer III. Any swom, safety -member Police Officer, regardless of duty
assignment, who fulfills the requirements established in this section shall be designated as
a Senior Police Officer III and shall be paid at a rate set thirty (30) salary rate ranges
(approximately 15%) above his or her then current base monthly salary step in the Police
Officer classification. The criteria for such designation shall be as follows:
A. Completion of nine (9) years of municipal police experience in the Police Officer
classification, of which thirty (30) months must be with the Santa Ana Police
Department.
B. Completion (acquisition) of at least one hundred twenty (120) educational/training
units; or possession of an Associate of Arts degree from an accredited college with
an additional sixty (60) or more educational/training units.
C. Approval of the Police Chief.
6.6 Senior Police Sergeant I. Any officer holding the rank of Police Sergeant in the Santa Ana
Police Department, regardless of duty assignment, who fulfills the requirements
established in this section shall be designated as a Senior Police Sergeant I and shall be
paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then
current base monthly salary step. The criteria for such designation shall be as follows:
A. Completion of five (5) years of municipal police experience and be eligible for "E"
step of the base salary rate range of the Police Sergeant class.
"Eligible" as defined only for Section 6.6(A) means that a Police Sergeant shall be
considered for advancement from Step "D" or "E" to Senior Police Sergeant I upon
the completion of the required length of service as provided in Section 4.2 and
Exhibit A of this MOU; the effective date of such increase shall be on the first day
of the month following completion of such required length of service.
B. Completion (acquisition) of at least sixty (60) educational and/or training units.
C. Approval of the Police Chief.
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6.7 Senior Police Sergeant II. Any officer holding the rank of Police Sergeant in the Santa
Ana Police Department, regardless of duty assignment, who fulfills the requirements
established in this section shall be designated as a Senior Police Sergeant II and shall be
paid at a rate set twenty-five (25) salary rate ranges (approximately 12.5%) above his or
her then current base monthly salary step in the Police Sergeant class. The criteria for such
designation shall be as follows:
A. Completion of seven (7) years of municipal police experience and be eligible for
"B" step of the base salary rate range of the Police Sergeant class.
"Eligible" as defined only for Section 6.7(A) means that a Police Sergeant shall be
considered for advancement from Step "D" or "E" to Senior Police Sergeant II upon
the completion of the required length of service as provided in Section 4.2 and
Exhibit A of this MOU; the effective date of such increase shall be on the first day
of the month following completion of such required length of service.
B. Completion (acquisition) of at least ninety (90) educational and/or training units;
or possession of an Associate of Arts academic degree from an accredited college
with an additional thirty (3 0) or more education or training units.
C. Approval of the Police Chief.
6.8 Senior Police Sergeant III. Any officer holding the rank of Police Sergeant in the Santa
Ana Police Department, regardless of duty assignment, who fulfills the requirements
established in this section shall be designated as a Senior Police Sergeant III and shall be
paid at a rate set thirty (30) salary rate ranges (approximately 15%) above his or her then
current base monthly salary step in the Police Sergeant class. The criteria for such
designation shall be as follows:
A. Completion of nine (9) years of municipal police experience and be eligible for "E"
step of the base salary rate range of the Police Sergeant class.
"Eligible" as defined only for Section 6.8(A) means that a Police Sergeant shall be
considered for advancement from Step "D" or "E" to Senior Police Sergeant III
upon the completion of the required length of service as provided in Section 4.2
and Exhibit A of this MOU; the effective date of such increase shall be on the first
day of the month following completion of such required length of service.
B. Completion (acquisition) of at least one hundred twenty (120) educational/training
units; or possession of an Associate of Arts academic degree from an accredited
college with an additional sixty (60) or more educational/training units.
C. Approval of the Police Chief.
6.9 Career Development Program - Non -Sworn. An incumbent in one of the classes designated
as "non -sworn" covered by this MOU shall earn as additional amount as follows:
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A. Upon attainment of an Associate in Arts Degree and five (5) years' experience with
the City of Santa Ana, said employee will be paid at a rate set ten (10) salary rate
ranges (approximately 5%) above his or her then current base monthly salary step.
This shall only apply to classification which do not require a degree for any
employee hired after July 1, 2017.
B. Upon attainment of a Bachelor of Arts or Science Degree and with five (5) years'
experience with the City of Santa Ana, said employee will be paid at a rate set an
additional (15) salary rate ranges (approximately 7.5%)) above his or her then
current base monthly salary step. If said employee obtains a Bachelor's Degree
without attaining an Associate in Arts Degree, he or she will be paid at a rate set
ten (10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step., This shall only apply to classification which do not require a
degree for any employee hired after July 1, 2017.
C. Upon attainment of a Masters in Arts Degree and five (5) years' experience with
the City of Santa Ana, said employee will be paid at a rate set twenty rate ranges
(approximately 10%) above his or her then current base monthly salary step. This
shall only apply to classification which do not require a degree for any employee
hired after July 1, 2017.
6.10 Career Development Pay -Sworn
Sworn Employees hired on or after January 1, 2014 shall be eligible to receive Career
Development Pay as follows:
A. Level One - Upon attainment of an Associate in Arts Degree and five (5) years of
municipal police experience in the Police Officer or Police Sergeant classification,
of which thirty (30) months must be with the City of Santa Ana Police
Department, and attainment of `B" step, said employee will be paid at a rate set
ten (10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step.
B. Level Two - Upon attainment of an Associate in Arts Degree and an additional
thirty (30) educational units toward a declared Bachelor's degree, and seven (7)
years of municipal police experience in the Police Officer or Police Sergeant
classification, of which thirty (30) months must be with the City of Santa Ana
Police Department, and attainment of `E" step, said employee will be paid at a rate
set an additional (10) salary rate ranges (approximately 5%) for a total of 20
salary rate ranges (approximately 10 %) above his or her then current base monthly
salary step. If said employee obtains a Bachelor's Degree without attaining an
Associate in Arts Degree, he or she will be paid at a rate set twenty (20) salary rate
ranges (approximately 10%) above his or her then current base monthly salary
step.
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C. Level Three. Upon attaimnent of a Bachelor of Arts or Science Degree and nine
(9) years of municipal police experience in the Police Officer or Police Sergeant
classification, of which thirty (30) months must be with the City of Santa Ana
Police Department and attainment of "E" step, said employee will be paid at a rate
set an additional (10) salary rate ranges (approximately 5%) for a total of 30
salary rate ranges (approximately 15 %) above his or her then current base monthly
salary step.
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ARTICLE VII
7.0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM
7.1 Purpose.
A. To encourage the employees of the City of Santa Ana to take college courses and
special training courses which will better enable them to perform their present
duties and prepare them for increased responsibilities.
B. To provide financial assistance to eligible employees for education and training.
C. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
7.2 Elieibility.
A. Applications for tuition reimbursement will be considered only from full-time,
permanent City employees who have completed probation.
B. Reimbursement is not authorized for courses for which the employee is receiving
financial assistance from other sources such as G.I. Bill, scholarships, etc.
C. Applications will be approved only for courses directly related to the employee's
job or directly related to a promotional position in the employee's occupational
specialty.
D. Courses not ostensibly related to the employee's job, but which are required to
qualify for a degree that is directly related to his or her job may be reimbursable
only after all required occupationally related courses have been completed.
E. Prior to receiving tuition reimbursement, employees must submit documentary
proof of having received a grade of not less than "C" for the course. If objective
ratings are not rendered for a specific course, then a certificate of successful
completion must be submitted.
F. Approval will be limited to courses given by accredited colleges and universities,
city colleges or adult education courses under the sponsorship of the various Boards
of Education. Workshops, seminars, conferences and similar activities not
identifiable as a formal course of instruction within the curriculum of a recognized
educational institution, do not fall within the purview of this program but may be
authorized and funded by the interested department without coordination with the
Personnel Services Department.
G. When an employee is required by the Police Chief to attend a particular course or
seminar, the expense shall be bome entirely by the City.
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H. For specifics regarding this Article, please refer to Santa Ana Police Department
Training Bulletin 02-07 - Scheduling of Training Days and Travel Time
Compensation.
7.3 Reimbursement.
A. Reimbursement will be based on the cost of tuition or registration fees and all
required texts, eBooks and related material for each course. Additional expenses
such as meals and parking fees are not reimbursable.
B. Costs for required texts and eBooks are eligible for one hundred percent (100%)
reimbursement subject to the following conditions:
For textbooks: a duplicate of the required textbook(s) was unavailable for
loan from the departmental libraries prior to the commencement of
coursework;
2. For textbooks: any textbook(s) purchased by the City shall be submitted to
the employee's respective departmental library in order that such text(s) may
be made available to all employees.
C. Tuition or registration costs of one hundred dollars ($100.00) or less are eligible for
one hundred percent (100%) reimbursement. Tuition costs in excess of one hundred
dollars ($100.00) are eligible for seventy-five percent (75%) reimbursement.
Maximum tuition reimbursement per semester is five hundred dollars ($500.00)
with a maximum of $1,500 a year. NOTE: Summer and winter sessions shall be
counted as separate "semesters" for purposes of the program.
D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum
of two (2) collegiate level courses of not more than a total number of units which
is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall
equal two-thirds (2/3) of one (1) "semester" unit.
7.4 Procedures.
A. An employee who desires to seek tuition reimbursement under the provisions of
this Article must complete an Application for Training and Educational Assistance
form and submit it to the Police Chief.
B. The Police Chief will recommend approval or disapproval and forward the
application to the Personnel Services Department. It is advisable that the applicant
accomplish the procedures so far described prior to the inception of the course or
disbursement of personal funds in order to ascertain the eligibility of the intended
course of instruction for reimbursement under the provisions of this policy.
26
25C-30
C. Within three months after he/she has completed the course and received his/her
final grade, the employee must include official verification of his/her final grade
with appropriate receipts for tuition and textbook costs to the Personnel Services
Department. These will be returned to the employee upon request. Applications not
submitted to the Personnel Services Department within three months following
completion of the course become void.
D. Upon receipt of the required documentation, the Personnel Services Department
will determine whether the completed course of instruction is compatible with the
provisions of Sections 2 and 3 of this Article. If found to be compatible, the
Personnel Services Department will compute the amount of reimbursement,
authenticate the application, and forward it to the Police Chief.
E. The Police Chief will then authorize the Finance and Management Services
Department to reimburse the employee the approved amount out of the budget of
the Police Department.
ARTICLE VIII
8.0 OVERTIME
8.1 General Policy for Overtime Work. Whenever it shall be determined to be in the public
interest for employees to perforin overtime work, or in an emergency situation, the City
Manager, the Police Chief, or an authorized representative of the City Manager or Police
Chief, may require an employee to perform overtime work.
8.2 Definition.
A. Standard Work Period Overtime. Overtime for those employees assigned to the
Standard Work Period shall be authorized or required time worked in excess of
those hours assigned to their particular Standard Work Period Schedule workday
or hours in excess of 40 hours per Work Period However, subject to Article 8.3
below, if an employee uses sick leave or personal necessity leave as provided for
in this MOU in the same Standard Work Period in which he/she works hours in
addition to his/her regular hours, the sick leave and/or personal necessity leave shall
not count as work hours which shall mean that the additional hours worked shall be
paid at straight time if they are less than or equal to the number of sick leave or
personal necessity leave hours used in the Standard Work Period. The use of such
leave hours shall not affect overtime earned in accordance with Article 8.16 of this
MOU.
B. Alternative Work Period Overtime. Pursuant to this MOU, employees assigned to
the Alternate Work Period shall cam overtime for authorized or required time
worked in excess of those hours assigned to their particular Alternative Work
27
25C-31
Period Schedule workday or hours in excess of his or her Alternative Work Period
Schedule hours in a consecutive 28 day, 672 hour period. However, subject to
Article 8.3 below, if an employee uses sick leave or personal necessity leave as
provided for in this MOU in the same Alternative Work Period in which he/she
works hours in addition to his/her regular hours, the sick leave and/or personal
necessity leave shall not count as work hours which shall mean that the additional
hours worked shall be paid at straight time if they are less than or equal to the
number of sick leave or personal necessity leave hours used in the Alternative Work
Period. The use of such leave hours shall not affect overtime earned in accordance
with Article 8.16 of this MOU.
8.3 Computation of a Workday and Work Period. Paid leave for holidays, vacation, and other
time off with pay, except for sick leave and personal necessity, shall be credited towards
the total time worked in computing a regular workday, and/or a work period, as defined
herein. Sick leave and personal necessity shall not count as hours worked towards the total
time worked in computing a regular workday and/or a work period. Work amounting to
less than six (6) minutes shall not be considered time worked. Overtime worked for six (6)
or more minutes shall be calculated in six (6) minute intervals. Leave without pay shall
not be credited towards the total time worked in computing a regular workday, and/or a
work period, as defined herein.
8.4 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one-half (11/2) times the employee's regular rate of pay.
B. Should the Police Chief determine that the best interests of the City will be served
thereby, he or his designee may permit an employee to be compensated for overtime
work by earning compensatory time off at the rate of one and one-half (1 1/2) hours
for each hour of overtime worked. This time, hereinafter identified as "comp time"
shall be accrued as set forth below.
C. There are two Comp Time banks. The first bank is the Non-FLSA Comp -Time
Bank established under the 2013-2015 MOU. Those employees hired after July 1,
2015 or those employees with less than 100 hours of Comp -Time at the time the
banks were created will not have a Non-FLSA Comp -Time Bank. The second bank
is the FLSA Comp -Time Bank.
The Non-FLSA Comp Time Bank can never have hours added to it. The
hours in that bank can only be used as leave time and when using such leave
will not cause the City to have to pay another employee overtime to fill
behind the employee using the leave. The comp time in this bank cannot be
cashed out during employment, only at the time the employee leaves City
employment. If an employee uses the comp time in this bank during
employment and exhausts the entire accrual in this bank, the employee's
Non-FLSA Comp Time Bank will be closed as no additional hours may
accrue into this bank.
28
25C-32
2. The FLSA Comp Time Bank has a maximum accrual of one -hundred (100)
hours. An employee who has 100 hours in this bank will earn overtime paid
at time and one half the employee's regular rate of pay for overtime earned
in accordance with this MOU. An employee who works overtime and who
has less than 100 hours in his/her FLSA Comp Time Bank may be able to
accrue hours (at the rate of 1.5 hours for each hour of overtime worked) in
accordance with subdivision (B) above. The Comp time in this bank can be
cashed in accordance with the provisions detailed below. Each affected
employee who has accrued comp time credits in the FLSA Comp Time
Bank, may elect to convert up to twenty (20) hours of such accrued time
each calendar year quarter to the cash equivalent thereof, to a maximum of
eighty (80) hours per calendar year.
D. Use of Comp Time from the FLSA Comp Time Bank.
When an employee submits a request for time off using accrued
compensatory time, and that employee has found a qualified replacement,
the time off request will be granted. A qualified replacement means that the
replacement officer or employee is able to fulfill the requirements of the
position to which the requesting officer is assigned.
a. Compensatory time off requests made for consideration during the
monthly scheduling meetings will be treated as any other time off
and granted only on the basis of seniority.
b. Pursuant to the 3-12 Operating Rules, officers may trade work days
with other officers within the 28 -day deployment period. Any trades
must be approved by the affected Commanders and the Field
Operations Bureau Commander.
2. When an employee submits a request to take time off using accrued
compensatory time and the officer deployment is above minimmn staffing
for the day requested, then the request will be granted without further
conditions. However, if the number of officers scheduled to work on the
days) of the request is at or below minimum staffing as defined by the
department, the compensatory time off request will be granted only if a
qualified replacement has volunteered and committed to work the
assignment left open by the request for time off. The volunteer may
exchange days off with the requesting employee within the 28 -day
deployment period, whichever applies, or may elect to receive overtime
compensation.
Requests for use of compensatory time off during holidays as defined by
this MOU, must be submitted in time to be considered during the monthly
scheduling meeting held by bureau and division commanders for the
upcoming month. These requests will be considered by seniority and will
29
25C-33
be granted only if officer deployment is above minimum staffing. The
policy of the department has been, and will continue to be, that
compensatory time off requested during a City -designated holiday will be
treated as any other time off request and will be granted in order of seniority
as long as minimum staffing levels are met. The replacement policy in 8.4
DA below will not apply to compensatory time off requests submitted for
consideration during monthly scheduling meetings.
4. Although it is always preferable for the officer to find a qualified
replacement when requesting the use of compensatory time off, if provided
sufficient notice of a request for time off, the department will work with
employees to find a qualified replacement. Sufficient notice and reasonable
period will be defined as follows:
a. Seventy-two (72) hours' notice for one (1) day or less of time off
requested.
b. Five (5) calendar days' notice for more than one (1) workday.up to
one (1) workweek.
C. Fourteen (14) calendar days' notice for more than one (1) week
compensatory time off request.
If an employee has provided sufficient notice of a compensatory time off
request, the department will work with the employee to find a qualified
replacement in the following manner:
a. The watch commander will maintain a calendar of time off that has
been requested in accordance with the guidelines listed above.
Qualified employees will be allowed to volunteer to work these
shifts. In the future, the department may develop, at its own
discretion, an automated schedule that will contain this information.
b. If an employee volunteers and signs up to work for another
employee who has requested compensatory time off, that
volunteering employee will be held responsible for working that full
shift without further reminder. Employees who do not show up to
work, or retract their offer to replace another officer, may be subject
to disciplinary action and may not be permitted to volunteer to work
in this manner in the future.
6. The watch commander shall send out an e-mail message to all officers
requesting a volunteer to cover the shift by switching days off or working
on overtime.
When a compensatory time off request is made in a manner that does not
comply with this policy, and granting that request would unduly disrupt the
30
25C-34
operations of the department, the department may deny that request.
8.5 Incremental Usage. Time off with pay to compensate for overtime worked may be taken
in increments as small as one-half (1/2) hour.
8.6 Excess Usage. If compensatory time off is used in excess of that available, such excess
compensatory time off will first be deducted from any available comp time bank, vacation
benefits and finally, deducted from the next scheduled wage or salary payment.
8.7 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee
benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance
benefits), toward the completion of probationary period or to progression within a salary
rate range.
8.8 Overtime Work to be Apportioned. To the extent that he is reasonably able to do so, the
Police Chief shall arrange work programs to minimize overtime work; necessary overtime
work shall be apportioned among employees of like classification and assignment.
8.9 Advance Compensation for Overtime. Time off with pay as compensation for overtime
may not be granted or taken in advance of the overtime work for which the time off
compensates. Before compensatory time off with pay may be taken, as herein provided,
the overtime worked must have been recorded on official payroll records at or about the
time the overtime work was performed. In the absence of such recording, no compensatory
time off with pay will be permitted.
8.10 Compensation for Overtime: Exclusions. Overtime pay or comp time shall be allowed an
employee for attendance at conventions, conferences, seminars or the like, as long as prior
authorization is received. Overtime pay or comp time pay shall be permitted only for
attendance which is ordered on such employee's normal days off or for time beyond a
normal workday's duration. Please refer to Santa Ana Police Department Training Bulletin
02-07 for details.
8.11 Call -Back -Duty.
A. Employees who are on call during their off-duty time due to their assignment (i.e.,
Homicide Investigators, Internal Affairs Sergeants, Crimes Against Persons
Sergeants, etc.) and are called back to work will be paid for their travel time at the
overtime rate from the time they leave their home until the time they return home,
or until their regularly scheduled shift begins. Only that period of time devoted to
work will be compensated.
B. Employees who are ordered back to work while off-duty because of an emergency
or other unforeseen event will be paid for travel time at the overtime rate from the
time they leave their home until they return home, or until their regularly scheduled
shift begins. Only that period of time devoted to work will be compensated.
31
25C-35
C. Employees who are called at home and offered voluntary overtime work, and elect
to accept the offer, will not be compensated for travel time in any manner.
Similarly, employees who sign up for voluntary overtime, or who have advance
notice that they will have to work during their off-duty time on an overtime basis,
will not be compensated for travel time.
8.12 Accrued Overtime Paid Upon Promotions or Upon Separation. Upon an employee's
appointment to a position in which overtime may not be earned or upon an employee's
separation from employment with the City by resignation, retirement, layoff or otherwise,
he or she shall forthwith be compensated for any overtime accumulated to the time
immediately preceding such promotion or separation.
8.13 Court Appearance. Compensation for court appearance by personnel covered by this 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, employees shall be paid overtime for the period of
time from their arrival at court until they are released from court or the court session
closes for that day. However, in no case, shall an employee receive less than two
(2) hours overtime for a court appearance. If court appearances are made both in
the morning and afternoon of a particular day, two (2) hours overtime will be
allowed for each session attended. If the employee is not released and must remain
available for afternoon court, the employee shall be paid overtime for all hours the
court is in session that day.
The employee must provide a copy of the subpoena requiring his or her attendance
to initiate payroll procedures.
B. A subpoenaed employee scheduled to appear in court on City business during off-
duty time may be placed on stand-by status by the Police Chief or his authorized
representative if the employee can respond to the court, if called, within 60 minutes
of the employee's notification. In the event such off-duty employee is on stand-by
status during any court session and is not required to appear in court, such
employees shall be compensated two (2) hours on a straight time basis, for each
court session. Such employee may elect, in lieu of paid time, two (2) hours of comp
time off for standby time and not appearing in court, with the approval of the Police
Chief. If such off-duty employee on stand-by actually appears in court, he or she
shall be compensated as provided in Subsection A, supra.
C. Employees assigned to the 3/12.5 or 7/12.5 Work Schedule who appear in court
during their regularly scheduled workweek, and as a result do not receive adequate
rest, will be allowed to flex their scheduled shift start time up to four hours, with
the approval of the employee's immediate supervisor and watch commander, or
immediate supervisor and section commander. Alternatively, the employee may
be allowed to use up to four hours from his/her "Comp Time Banks" at the
beginning of their scheduled shift to ensure adequate rest.
32
25C-36
An employee whose work shift ends or starts within thirty minutes of a
mandatory court appearance shall be compensated for those thirty minutes
at an overtime rate.
2. Employees assigned to a Watch 3 who are required to appear in court
following the end of his/her shift will have the option of remaining on duty
or ending their shift. Employees that continue active duty will be
compensated at time and one half while on duty. Employees that end their
shift will be unpaid prior to their court appearance.
D. Employees who are on call for court during off-duty time, and who are called to
testify, will be paid at the overtime rate of time and a half of their regular hourly
rate, to include actual travel time from their home to court and back, or until their
regularly scheduled shift begins. Travel time will be limited to a maximum of one
(1) hour each way. Only that period of time devoted to work will be compensated.
Time spent on personal pursuits or other non -work related activity will not be
compensated.
E. Those employees who have advance notice of their required appearance in court,
have arranged an appearance time with the District Attorney's Office, or who
otherwise have advance notice of mandatory court appearances, will not be
compensated for travel time in any manner.
F. Employees who appear in court during off-duty hours may elect to start their normal
work shift early as specified herein.
G. A subpoenaed employee scheduled to appear in court on City business during off-
duty time and placed on standby status by the Police Chief or his authorized
representative will be compensated two (2) hours on a straight time basis if he or
she is not advised of the cancellation of his or her appearance within five (5) Court
business days of said appearance.
8.14 Creation of Association Comp Time Bank.
A. Any member of the Association who works overtime, or has accrued but unused
holidays, can designate that he or she will contribute the value of such time to a
bank for use by members of the Association for the purposes and subject to the
restrictions provided herein.
B. Any member of the Association may receive time off for the welfare of officers,
community service and any lawful activity of the Association with pay drawn from
the bank described in Subsection A of this Section, provided that said employee
first gains approval for said use by the executive board of the Association in the
manner specified by its rules as adopted from time to time, and subject to the
approval or disapproval of the Police Chief consistent with the operational needs of
the Police Department.
33
25C-37
C. No withdrawal or use of such bank may be made by or on behalf of an employee
ordered to take time off without pay for discipline imposed by the Police Chief or
his designee.
D. The City agrees to provide the SAPOA with a quarterly accounting (at the end of
March, June, September and December) of all Association Comp Time accrued and
used.
8.15 Declaration of State of Emergency. Emergencies shall be governed by the provisions of
Santa Ana Municipal Code Section 9-194.
8.16 Compensation of Voluntary Contract Overtime. Exclusive of other provisions of this
Article, except Section 8.7 (No Effect on Other Benefits) supra, Police Officers and Police
Sergeants who voluntarily agree to perform contract security services at games, parades,
dances and similar public events shall be compensated at the rate of one and one-half (1
1/2) times the employee's regular rate of pay.
The Police Chief shall determine how many off-duty police officers should serve as
security officers at each event. Police Officers and Sergeants represented by the
Association shall be given first opportunity to volunteer for said off-duty assignments. If,
after areasonable period of time, an insufficient number of police officers have volunteered
to work such assignments, the Police Chief may offer the remaining "openings" to any
person(s) he deems capable of performing the work at whatever straight -time pay rate the
City considers to be appropriate.
311.
25C-38
ARTICLE IX
9.0 HOLIDAYS
9.1 Legal holidays observed by full-time permanent and probationary employees covered by
this MOU are as follows:
• January 1st - New Year's Day.
• Third (3rd) Monday in January - In observance of Martin Luther King Jr.'s
Birthday.
• Third (3rd) Monday in February - In observance of Presidents' Day.
• Last Monday in May - In commemoration of Memorial Day.
• July 4th - In observance of Independence Day.
• First (1st) Monday in September - In observance of Labor Day.
• November 11th - In observance of Veteran's Day.
• Fourth (4th) Thursday in November - In observance of Thanksgiving Day.
• The Friday immediately following Thanksgiving Day.
• December 25th - In observance of Christmas Day.
• Last working day before Christmas Day, unless Christmas falls on a Thursday,
in which instance, the day following Christmas Day shall be observed in lieu
thereof.
• One (1) Floating Holiday - Any workday selected by the employee with prior
permission of the employee's supervisor.
• Everyday proclaimed by the Mayor of the City as a holiday for City employees.
Any holiday which falls on a Sunday will be observed on the following Monday. Any
holiday which falls on a Saturday will be observed on the Friday preceding the Holiday.
9.2 Full-time, permanent and probationary employees covered by this MOU shall be entitled
to receive 96 hours off dining the calendar year in lieu of the twelve (12) holidays specified
in Section 9. 1, supra. Said hours, up to a maximum of 80 hours, may be carried over from
one calendar year to the next and shall be cashed out upon separation from employment,
not to exceed a maximum of 160 hours. An employee required to work on a City observed
"legal" holiday shall be paid at his or her straight time rate.
35
25C-39
However, if an employee who separated from the service of the City has taken time off for
holidays in advance of the date or day the holiday actually occurred, he or she must pay
the City the cash value for such used but unearned holiday time off benefits prior to or at
the time of separation.
Holiday Leave Carryover - The parties agree to modify the maximum annual holiday leave
benefit carryover as follows: In 2014, 160 hours; 2015, 140 hours; 2016, 120 hours; in
2017, 100 hours; in 2018, 80 hours. By January 1, 2018, the maximum annual holiday
leave benefit carryover shall revert back to that as set forth in subsection "9.2", above, and
that any accumulated holiday leave benefits in excess of that maximum allowable
carryover limit not used prior to December 315' each year, shall be forfeited. Said hours
shall be cashed out upon separation from employment, not to exceed a maximum as
follows: In 2014, 248 hours; 2015, 228 hours; 2016, 208 hours; 2017, 188 hours; 2018,
168 hours.
9.3 Cash Option. Employees covered by this MOU shall be given an option twice per calendar
year to receive cash compensation ("cash out") computed on a straight time basis in
exchange for eighty (80) hours of their annual holiday leave benefits set forth in Section
9.2 above. Specifically, employees may cash out up to 40 hours of holiday leave benefits
in April of each calendar year and an additional 40 hours of holiday leave benefits in
November of each calendar year. An employee that does not cash out holiday leave
benefits in April may cash out a maximum of 80 hours of holiday leave benefits in
November. Such option may be eliminated or modified to the extent it is construed as
overtime under Department of Labor guidelines implementing provisions of the Fair Labor
Standards Act (FLSA).
9.4 All employees must actually work at least one day preceding the day a holiday listed in
Section 9. 1, supra, actually occurs in order to receive credit for such holiday. The employee
will then be credited with all remaining holidays in the year occurring after the
appointment.
An employee separating from the service of the City must actually work at least one day
following the day a holiday listed in Section 9.1, supra, actually occurs in order to receive
credit for that holiday.
A newly -appointed employee must complete six (6) months of continuous, full-time
service in order to receive credit for the Floating Holiday listed in Section 9.1 above.
9.5 This "time off," as defined in Article X, Section 10.6, may be taken in increments as small
as one half (1/2) hour, with fractional usage rounded upward to the next higher multiple of
one half (1/2) hour.
9.6 A maximum of one (1) year of Holiday benefits may be carried over from one calendar
year to the next. An employee terminating employment with the City may cash out
accumulated, unused Holiday leave benefits, not to exceed a maximum of 160 hours.
36
25C-40
ARTICLE X
10.0 VACATION
10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide
them with a break in their regular work schedule, and this purpose will be used as a guide
in the administration of the provisions of this Article.
10.2 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 employee'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.
Beginning
Years
Annual
Vacation
Accrued
Monthly
Accrual'.
Rate
1
80
6.67 . .
2
80
6'.67
3
120
moo •.
4
120
10.00
5
120
10.00
6
124
10.33
7
128
10.67 -
a
132
11.00.'
9
136
11.33
10
140
11.67
11
144
12.00 .
12
148
12.33
13
152
12.67
14
156
13.00
15
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
25C-41
B. An employee who has completed less than one year's service during the calendar
year shall receive a proportionate fraction in accordance with the amount of service
to his or her credit during the year; provided, however, no employee shall be
entitled to, or receive payment for, any vacation until he or she has completed six
(6) months of continuous service.
C. On or after the fust (Ist) day of the month following completion of six (6) months
of continuous full-time service, an employee may be allowed to take all or a
proportionate fraction of his or her earned vacation, subject to scheduling approval
of the employee's supervisor.
D. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar
days shall not be considered as service for vacation accrual purposes.
E. Computation of Vacation.
In computing vacation, each municipal holiday that occurs during the
vacation, and that falls on a day which the employee would have worked
had he or she not been on vacation, shall be deducted from the computation
so that ten (10) additional hours of vacation shall be allowed to the
employee unless deparhnental practice provides some other manner of
compensating for municipal holidays. Should an employee be confined to a
hospital for sickness or injury while on authorized vacation, each full day
of such confinement, when confirmed by a physician's statement and
approval of the Police Chief, may be deducted from the computation of
vacation expended and charged against the employee's accumulated sick
leave.
2. 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
the Santa Ana Municipal Code or by reemployment from layoff within one
(1) year. Leave of absence without pay, as provided in Article XI, Section
IE (Sick Leave -Extended) and Section 11.8 (Authorized Absence Without
Pay - Long Tenn), Section 11.11 (Catastrophic Leave Donation) herein,
does not constitute a break in continuous service as used in this section;
however, the leave of absence period shall not be applied toward the
accumulation of longevity vacation. Absence on military leave followed by
reinstatement, as provided in Section 9-143 of the Santa Ana Municipal
Code does not constitute a break in service, and the period of absence on
such military leave shall be applied toward the accumulation of longevity
vacation.
F. Vacation Buy -Back Employees covered by this MOU are eligible to require the
City to buy-back up to sixty (60) hours of their banked vacation, computed on a
straight time basis, once per calendar year.
38
25C-42
Additionally, any member who has taken a minimum of eighty (80) hours of
vacation time off during the calendar year (not including the sixty (60) hours of
allowed vacation cash -out) shall have the ability to require the City to buy-back an
additional forty (40) hours of their banked vacation, computed on a straight time
basis, once during the same calendar year that the leave is taken.
10.3 Limitation on Vacation.
A. With the exception of a retiring employee, no employee is granted, and no
employee shall be allowed to take, any vacation leave with pay in excess of 400
hours in any one year.
10A Vacation Carry -Over.
A. No employee may carry over from one (1) calendar year to the next, more than the
maximum 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. With
respect to any vacation forfeited in this manner, this provision constitutes a waiver
of any rights to vested vacation benefits under California Labor Code Section
227.3.
Completed
Years
Max Carryover
into 2017
Max Carryover
into 2018
Max Carryover
into 2019
1
80
80
80
2
160
160
160
3
280
280
280
4
320
320
320
5 1
1 360
360
360
6
364
364
364
7
372
372
372
8
382
381
380
9
392
390
388
10
402
399
396
11
412
408
404
12
422
417
412
13
432
426
420
14
442
435
428
1s
452
444
436
16
466
457
448
17
484
474
464
18
504
492
480
19
524
510
496
20
544
528
512
39
25C-43
21
556
538
520
22
560
540
520
23
560
540
520
24
560
540
520
25
560
540
520
B. Notwithstanding the foregoing, for any affected employee who is in jeopardy of
losing vacation because of department staffing needs, may with approval of the
Police Chief, Executive Director of Personnel and City Manager, receive a 30 -day
extension beyond the normal cutoff date so that such employee will not lose
vacation time
10.5 Excess Usaee. If vacation time off is used in excess of that available, such excess vacation
time off will be, first, deducted from any available compensatory time off accrual; finally,
deducted from the next scheduled wage or salary payment.
10.6 Time Off Banks. Employee Time Off Banks exist for each employee in the unit. Time off
will be computed on an annual basis. Separate banks will be maintained for vacation,
holidays, and compensatory time, respectively, based on existing policies applicable to
each. Time off from each bank may be taken in increments as small as one half (1/2) hour,
with fractional usage rounded upward to the next higher multiple of one half (1/2) hour.
Each affected employee shall be afforded the opportunity to submit time off selection(s)
and the Police Chief or his designee shall make every reasonable effort to accommodate
the employee's preference(s). The time at which an employee shall take his or her leave
time shall be determined by the Police Chief, with due regard for the wishes of the
employee and particular regard for the needs of the service.
NOTE: All other policies and procedures described in Article VIII, "Overtime", Article
IX, "Holidays", and Article X, "Vacation" will apply to the Time Off Banks. However, no
employee will be allowed to cant' a negative balance in any Time Off Bank.
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ARTICLE XI
11.0 OTHER LEAVES OF ABSENCE
11.1 Sick Leave.
A. Definition. Except as otherwise provided below, sick leave shall be deemed to
mean absence from duty of an employee because of non -industrial illness or injury
that prevents the employee from performing the duties of his or her position and
shall be deemed to include time in quarantine resulting from non -duty related
exposure to a contagious disease.
B. Accrual. Each employee shall be entitled to, and shall earn, eight (8) hours of sick
leave for each full calendar month of service in which he or she is employed by the
City with full pay; provided, however, any absence on sick leave for a period of
time greater than fifteen (15) consecutive calendar days in any one (1) calendar
month shall not be considered to be service entitling an employee to earn sick leave
as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue
to the credit of each employee to the extent that it is not used. Notwithstanding the
foregoing, employees on leave of absence for service -connected illness or injury
who are covered by the provisions of Labor Code Section 4850, shall continue to
accumulate eight (8) hours of sick leave for each full calendar month of service for
which he or she is employed by the City with full pay during said absence for
service -connected illness or injury.
C. Authorized Only When Necessary. Use of sick leave by City employees shall be
authorized as follows:
1. Sick leave is not a right which an employee mayuse at his or her discretion,
but shall be allowed only in cases of necessity and actual sickness or
disability, or as authorized in Subsection J below.
2. With respect to "miscellaneous -member" employees covered by this MOU,
when such an employee's absence is caused by an industrial illness or injury,
for which benefits are required to be provided under the State Workers'
Compensation Insurance and Safety Act, the City shall pay 100% of salary
for the first three (3) days of such absence and sick leave shall not be
debited.
D. Limit. The maximum total accumulation of sick leave with pay shall be 1600 hours.
Sick leave usage of less than a full day shall be charged in minimum increments of
one-half (1/2) hour, with fractional usage rounded upward to the next higher
multiple of one-half (1/2).
E. Extended. The City Manager may grant leave up to six months without pay to an
employee who has exhausted all of his or her accrued sick leave if a licensed
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25C-45
physician designated by the City Manager indicates that the employee will be
sufficiently recovered to return to his or her employment within a six (6) months
period. Prior to the expiration of the additional time, the employee may return to
his or her position provided that he or she has a certificate from one of the above
mentioned physicians stating that the employee is able to perform all the duties of
his or her position without qualification. In addition to the above, the City Manager
may grant a further extension not to exceed a total of one (1) year without pay.
F. Extension by Use of Vacation. After an employee's sick leave has been exhausted,
he or she may be granted permission to take any earned vacation he or she may
have accrued.
G. Notice. The employee taking sick leave shall notify his or her immediate supervisor
not less than one (1) hour prior to the time he or she is scheduled to report for duty.
When the absence is more than three (3) consecutive working days, the employee
must present to the Police Chief a physician's certificate stating that, in the
physician's opinion, the employee could not report to work because of illness or
injury and that the employee is sufficiently recovered to safely return to work. Such
certificate shall be transmitted to the chief personnel officer with the report of the
return of the employee to work.
A physician's certificate or other satisfactory written evidence of actual illness or
injury may be required after an absence of any duration of less than three (3) days.
H. Denial. No employee shall be entitled to sick leave with pay while absent from
duty because of sickness or injury purposely self-inflicted or caused by willful
misconduct; or sickness or disability sustained while engaged in employment other
than employment by the City, for monetary gain or other compensation, or by
reason of engaging in business or activity for monetary gain or other compensation.
Excess Usage. If sick leave is used in excess of that due and available to an
employee, such excess sick leave, will first be deducted from any available
compensatory time off benefit; second, from any available vacation leave benefit;
third, from any available holiday leave benefits; and finally, deducted from the next
scheduled wage or salary payment.
J. Personal Necessity Leave. Each employee shall be afforded the opportunity to use
up to 66 hours of sick leave per calendar year, on a non -cumulative basis, as
personal necessity leave. All of this personal necessity leave may be used to attend
to an illness of a child, parent, spouse or registered domestic partner of the
employee. As used in this section, "child" means a biological, foster, or adopted
child, a stepchild, a legal ward, or a child of a person standing in loco parentis; and
"parent" means a biological, foster, adoptive parent, a stepparent, or a legal
guardian.
Up to three (3) days of this personal necessity leave may be. used: (a) to attend to a
serious accident to members of the employee's immediate family; (b) childbirth;
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25C-46
(c) to cope with imminent danger to the employee's home or other valuable
property; or (d) when the existence of external circumstances beyond the
employee's control make it impractical for him or her to report for duty. For the
purposes of this section only, a "day" shall be defined as the number of hours of
work that an employee is required to work according to his or her specific workday
schedule.
K. Payment for Unused Sick Leave,
Definition. All employees, except for those involved in disciplinary termination,
shall be entitled to payment under the following provisions:
1. After ten (10) years of cumulative full-time service with the City, each
qualified employee shall be entitled to payment for one-third (1/3) of the
total sick leave benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of 427 hours, at the rate
of pay in effect on the date of such termination.
a. At his or her option, an employee may convert the above lump sum
payment option into health insurance or long term care insurance
premiums to the extent necessary to provide the employee and his
or her designated eligible dependents, if any, with benefits under the
health insurance program maintained by the Association. The City's
obligation to pay such premiums shall be terminated when the sum
of premiums paid equals one -hundred fifty percent (150%) of the
amount of the lump sum payment that the employee would have
received for unused sick leave benefits had this option not been
elected, not to exceed a maximum of 640 hours.
2. After 15 years of cumulative full-time service with the City, each qualified
employee shall be entitled to credit for two-thirds (2/3) of the total sick leave
benefit credited to his or her account upon the effective date of such
termination, not to exceed a maximum limit of 1,066 hours, calculated at
the rate of pay in effect on the date of such termination. This credit shall be
applied toward monthly health insurance premiums or toward long-term
care insurance premiums, beginning on the effective date of termination.
The City's obligation to pay such premiums to the Association on behalf of
the employee shall be terminated when the total credit as described above
has been exhausted.
3. After 20 years of cumulative full-time service with the City, each qualified
employee shall be entitled to one of two options: (a) payment for 1/3 of the
total sick leave benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of 533 hours, at the rate
of pay in effect on the date of such termination, or (b) credit for 2/3 of the
total sick leave benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of 1,066 hours, as
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25C-47
defined in' 2" above.
4. After 25 years of cumulative full-time service with the City, each qualified
employee shall be entitled to one of two options: (a) payment for 2/3 of the
total sick leave benefit credited to his or her account upon the effective date
of such termination, not to exceed a maximum limit of 1,066 hours, at the
rate of pay in effect on the date of such termination, or (b) credit for 2/3 of
the total sick leave benefit credited to his or her account upon the effective
date of such termination, not to exceed a maximum limit of 1,066 hours, as
defined in' 2" above.
5. A lump sum payment shall be made to the beneficiaries of any eligible
employee whose death occurs while such employee is an active employee
of the City, such payment to be in the amount of 1/3 of the total sick leave
benefit credited to the employee's account at the time of his or her death,
and at the rate of pay effective on the date of death.
6. Upon the death of any retired employee receiving a benefit under this
provision said benefit will continue to be provided on behalf of said retired
employee to his or her beneficiary.
11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss
of pay in case of death of a member of the employee's immediate family. For purposes of
this Section only, a "day" shall be defined as the number of hours of work that an employee
is required to work according to his/her specific workday schedule. Such leave is
designated as bereavement leave. "Immediate family" as used in this section is limited to:
A. Any relative by blood or marriage who is a member of the employee's household;
B. A parent, parent -in-law, stepparent, spouse, registered domestic partner, child,
brother, stepbrother, sister, stepsister, grandparent or grandchild of the employee,
regardless of residence;
C. Any other relative of the employee by blood or marriage where it can be established
by the employee that as a result of such relative's death, the employee's presence is
required.
11.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave
if he or she furnishes the Chief Personnel Officer satisfactory proof of his or her
orders to report for duty. Upon return and upon showing proof of actual service
pursuant to such orders, he or she will be reinstated as provided in Section 9-143
of the Santa Ana Municipal Code.
B. Temporary. Members of the reserve forces of the United States, or the National
Guard, granted temporary leave when ordered to duty, in accordance with the
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25C-48
Military and Veterans Code and Section 9-144 of the Santa Ana Municipal Code,
will be granted leave with pay not to exceed thirty (30) working days in each
calendar year after one year's service with the City upon presenting satisfactory
proof of orders to and from such temporary active duties.
11.4 Jury and Witness Leave. When an on -duty employee is called to serve as a juror or a non-
party witness in any court action he or she shall be allowed leave for the time actually
required for such service, without loss of pay. Each on -duty employee called for such
service shall present to the Police Chief for examination the subpoena calling him or her to
such service and shall pay into the City Treasury the fees collected for such service, with
the exception of reimbursement for transportation expenses, if any. Refer to Departmental
Order 396 - Jury Duty for specifics.
11.5 Examination Leave. Employees participating in examinations conducted during their
normal working hours for positions in the competitive service of the City of Santa Ana will
be granted leave with pay for the time actually required, without loss of any accrued
vacation or compensatory time off benefits.
11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be
considered cause for dismissal. Absence from duty without leave for five (5) consecutive
working days shall be deemed a resignation from the service; provided, however, if upon
return to duty the person so absenting himself makes an explanation satisfactory to the
Police Chief of the cause of his absence, the Police Chief may restore him to his position,
with the City Manager's approval.
11.7 Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive
working days, may be authorized by the Police Chief. Absence without pay not to exceed
fifteen (15) calendar days may be authorized by the department with the approval of the
City Manager. Such absences may be authorized only if in the judgment of the Police Chief
they serve the best interest of the City.
11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from
an employee having permanent status plus action by the Police Chief recommending
approval of the request, the City Manager may grant a leave of absence for up to six (6)
months.
An employee returning to duty with the City shall inform the Police Chief and chief
personnel officer of his or her intention at least thirty (30) calendar days prior to the
expiration of the six (6) months period or shorter period if the full six (6) months is not
taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the
employee to his or her former position.
11.9 Adnunistrative Leave. The City Manager is authorized to grant, at his discretion,
administrative leave with or without pay for permanent employees if, in his opinion, such
a leave is in the interests of the City.
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11.10 Industrial Leave.
A. Each "safety member" employee covered by the provisions of Labor Code Section
4850 who is compelled to be absent from duty because of an illness or injury
covered by the State of California Workers' Compensation Insurance and Safety
Act shall, in lieu of temporary disability compensation payable under the
aforementioned Act, continue to be paid his or her normal salary and accrue other
benefits in accordance with the provisions of Labor Code Section 4850.
B. Any period of time during which an employee is required to be absent from his or
her position by reason of an industrial injury or industrial illness for which he or
she is entitled to receive compensation shall not be considered a break in continuous
service for the purpose of his or her right to salary adjustment or to the accrual of
vacation and seniority.
11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of a catastrophic, non -industrial medical
condition or injury, the City and Association agree to implement a Catastrophic Leave
Donation Program.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
Employees may donate vacation or compensatory time or holiday leave
time to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two-week period to submit donations.
Donations received after this two-week period shall not be processed. The
two-week period for each case shall be designated by the Police Chief or
his designee as provided herein below. If all previous time donated has
been exhausted, the recipient may request a new donation period be
designated by the Police Chief or his designee as provided herein below.
3. All vacation, compensatory time or holiday leave time donations must be
made in two (2) hour increments. There is no limit on the amount of the
donation that can be made.
4. Any authorization of donations not made in accordance with the procedures
outlined in Section C, subparagraph 2 below, will not be processed.
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave and may be used pursuant to Article XI, Sections
11.1A through 11.lK above.
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25C-50
B. El4dbility. Full-time employees shall be eligible for catastrophic leave donations
if the following criteria are met:
When it is reasonably foreseeable that all accrued time on the books, such
as sick leave, compensatory time, vacation, and in lieu holidays, will be
exhausted and the employee's illness will continue past the time when the
employee will be on paid status.
2. The Police Chief or his designee has approved a written request for
donations accompanied by a medical statement from the employee's
attending physician. The attending physician's statement must verify the
employee's need for an extended medical leave and an estimate of the time
the employee will be unable to work.
C. Procedure.
1. Upon receipt of a valid request for donations from an eligible employee, the
Police Chief or his designee shall post a notice of the eligible employee's
need for donations on bulletin boards accessible to employees. No
confidential medical information shall be included in the posted notice.
2. Employees wishing to donate time to an eligible employee must sign his or
her authorization of the transfer of such donated time and provide:
a. His or her name, department name, and employee number;
b. The number of hours of compensatory, holiday or vacation time of
the donation within the limitations of Section A, subparagraph 3
above;
G. The name, department, and employee number of the recipient;
d. A statement indicating that the donor understands such donation of
time is irrevocable.
At the close of the two-week donation period, the department shall verify
that each donating employee has accrued vacation, holiday and/or comp
time balances sufficient to cover the designated donation.
4. The department shall submit all approved donation authorizations for an
eligible employee at one time for processing. No donation authorizations
for the eligible employee will be processed after this period. However,
employees who receive donations under this procedure and who exhaust all
donated hours may request an additional donation period subject to the
provisions of Section A, herein.
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5. The City shall add the donated time to the recipient's sick leave account.
D. Upon the death of any active employee receiving a benefit under this provision, the
City agrees to pay any unused Catastrophic Leave Donations remaining on the
books to the surviving beneficiary.
E. For those current employees with unused catastrophic leave on the books, the City
agrees to convert said unused catastrophic leave to sick leave for use in accordance
with the provisions of Article XI, Sections 11.1 A through 11.1 K above.
11.12 Assignment Denarhnental Seniority
Employees covered by this MOU who are authorized to be on an unpaid medical leave for
twelve (12) weeks or less shall continue to accrue seniority related to their particular
assignment, as it relates to the badge number list or for any other purpose concerning Police
Department Operations for which seniority is considered. Once such leave of absence
exceeds twelve (12) weeks, the employee will no longer accrue seniority (for all purposes,
including, but not limited to his/her classification, assignment or rank). While such
employee will not lose any of the seniority he/she has previously earned, by not continuing
to accrue seniority at that point, others who previously were less senior may become more
senior than such employee for seniority purposes in the Department.
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25C-52
ARTICLE XII
12.0 EMPLOYEE INSURANCE
12.1 During the term of this MOU the City will contribute toward the payment of premiums for
health, dental and long-term disability insurance plans administered by the Association for
the benefit of the employees represented by the Association as follows:
A. Medical Insurance.
The City will contribute $1,510.00 per month to the Santa Ana Police Officers
Association Medical Insurance Trust Fund for each affected employee enrolled in
medical insurance plans provided by the Association for its bargaining unit
members and their eligible dependents. Any contributions necessary to maintain
benefits under the plans in excess of the aforementioned amount per month shall be
borne entirely by the Association and/or the enrollee.
B. Life Insurance. The City shall maintain in effect for the term of this MOU its
existing life insurance plan for employees covered by this MOU on the same basis
as said plan was offered to employees as of December 31, 1988 except the term life
insurance coverage for each affected employee will be in the amount of twenty
thousand dollars ($20,000), plus twenty thousand dollars ($20,000) accidental
death and dismemberment (AD + D) coverage, at no cost to the employee.
12.2 Retiree Health Insurance Plan. Members retiring on or after July 1, 1997, may be provided
health insurance premium reduction assistance.
All bargaining unit employees and the Association shall hold the City harmless, defend
and indemnify the City for any claims regarding the administration of, or the payment of,
claims under any Association designed retiree health insurance benefit plan.
12.3 Employees on unpaid leave of more than fifteen (15) calendar days shall not receive the
City's contribution toward any insurance coverage. The Police Department will notify the
Association of all employees on unpaid leave or who separate from City employment
within three (3) working days. The City will continue the payment of contribution for
insurance coverage until the end of the month in which the Association had received notice
from the City of the employee's separation from employment.
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25C-53
ARTICLE XIII
13.0 RETIREMENT
13.1 General. The City shall continue to make contributions to the California Public Employees'
Retirement System (CaIPERS) in accordance with its contract with CalPERS for
employees covered by said contract as amended.
13.2 Deferred Retirement. The City shall continue to make payment to CalPERS on behalf of
each employee covered by this MOU in accordance with the following schedule:
A. With respect to Safety 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 equal to nine -ninths (9/9ths) of his or
her individual employee retirement contribution.
B. 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 equal to eight -eighths (8/8ths) of
his or her individual employee retirement contribution.
Such payments shall be credited to the individual employee's CaIPERS account
Such payments are not increases in base salary and no salary rate range applicable
to any of the employees covered by this MOU shall be changed or deemed to have
been changed by reason thereof. As a result, the City will not treat these payments
as ordinary income and thus, will not withhold federal or state income tax from said
payments. The City has received an opinion or ruling from the Internal Revenue
Service confirming that these payments are deferred compensation, not ordinary
income.
In the event that the City receives a subsequent ruling from the Internal Revenue
Service that such payments are ordinary income of the employees instead of
deferred compensation, the City's obligation to make such payments shall
discontinue and in place thereof the base salary of each affected employee shall
forthwith be increased by eighteen (18) salary rate ranges (9.0%) for Sworn Safety
employees who do not qualify as "New Members" and sixteen (16) salary rate
ranges (8.0%) for Miscellaneous employees who do not qualify as "New Members"
covered by this MOU.
For the purpose of reporting an employee's compensation to CalPERS, the City
shall include these payments as if they were apart of the employee's base salary.
13.3 CaIPERS Fourth Level of 1959 Survivors Benefits. The City will provide CalPERS fourth
level of. 1959 Survivors Benefit to all eligible employees in the unit.
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25C-54
13.4 CalPERS Pre -Retirement Optional Settlement 2 Death Benefit. The City shall provide the
Ca1PERS Pre -Retirement Optional Settlement 2 Death Benefit to all employees covered
by this MOU.
13.5 Military Service Credit as Public Service. Safety employees, and Miscellaneous
employees, respectively, may elect to purchase up to four (4) years of service credit for any
continuous active military or merchant marine service prior to employment. The employee
must contribute an amount equal to the contribution for current and prior service that the
employee and the employer would have made with respect to that period of service. The
City agrees that, as soon as practicable following Council approval of this MOU and
amendment to the CalPERS contract, employees who elect to purchase service credit may
do so on a "pre-tax" basis.
13.6 3% at 50 Service Retirement Benefit for Safety employees. The City contracts with
CalPERS to provide Safety employees who do not qualify as "New Members" under
PEPRA with the 3% at 50 Service Retirement benefit.
All Safety employees who do not qualify as "New Members" under PEPRA shall pay nine
percent (9%) of their salary to pay for the employer portion of the City's Ca1PERS
contribution. Effective January 1, 2018 all Safety employees who do not qualify as "New
Members" under PEPRA shall pay twelve percent (121/6) of their reportable salary to pay for
the employer portion of the City's CalPERS contribution. This payment shall be paid in
accordance with Government Code Section 205160.
Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.7 2.7% (a 57 Service Retirement Benefit for "New Member" Safety employees. The Citv
a egr es to provide Safety employees who are defined as "New Members" within the meaning
of the California Public Employees' Pension Reform Act (PEPRA) of 2013 with the 2.7%
@ 57 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 MOU and if there
are provisions of that legislation which, by law, automatically goes into effect, either party
may request to negotiate over the legislation, including over the impact.
Final compensation will be based on the highest annual average compensation eamable
during the 36 consecutive months immediately preceding the effective date of his or her
retirement, or some other 36 consecutive month period designated by the member.
Employees covered under the 2.7% @ 57 retirement formula shall pay one half of the
normal cost rate as established by CalPERS. For the fiscal year 16-17, CalPERS established
that one half of the normal cost rate is 12.25%. The rate for fiscal year 17-18 is still to be
determined by CalPERS.
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25C-55
Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.8 2.7% at 55 Service Retirement Benefit for Miscellaneous employ. The City contracts
with CalPERS to provide Miscellaneous employees who do not qualify as "New Members"
under PEPRA with the 2.7% at 55 Service Retirement benefit.
The employee's contribution rate for Miscellaneous employees who do not qualify as
"New Members" under PEPRA will be to eight (85/6) percent of their salary. All employee
contributions for retirement benefits are paid to the employer portion of the City's
CalPERS contribution. This payment shall be paid in accordance with Government Code
section 205160.
Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.9 2% 0, 62 Service Retirement Benefit for "New Member" Miscellaneous employ The
City agrees to provide Miscellaneous employees covered by this MOU who are defined as
"New Members" within the meaning of the California Public Employees' Pension Reform
Act (PEPRA) of 2013 with the 2% @ 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 MOU and if there
are provisions of that legislation which, by law, automatically goes into effect, either party
may request to negotiate over the legislation, including over the impact.
Final compensation will be based on the highest annual average compensation eamable
during the 36 consecutive months immediately preceding the effective date of his or her
retirement, or some other 36 consecutive month period designated by the member.
Employees covered under the 2% @ 62 retirement formula shall pay one half of the normal
cost rate as established by CalPERS. For the fiscal year 16-17, CalPERS established the
rate as 5.5%. The rate for fiscal year 17-18 is still to be determined by CalPERS.
Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations, the City shall make the above employee deductions pre-tax contributions.
13.10 Credit for Unused Sick Leave. All employees covered by this MOU can have unused
accumulated sick leave at the time of retirement converted to additional service credit,
pursuant to regulations prescribed by PERS. The City must report only those hours of
unused sick leave that were accrued by the employee during the normal course of
employment. This section applies to members whose effective date of retirement is within
four (4) months of separation from employment.
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25C-56
ARTICLE XIV
14.0 RELEASE TIME FOR ASSOCIATION REPRESENTATIVE
During the term of this MOU, the City agrees to grant fiill-time release from duty for one (1)
Association representative for the conduct of Association affairs subject to the following:
14.1 The POA Association President cost shall be paid one hundred percent (100%) of salary
including any salary additives, such as career incentive pay, confidential premium pay,
benefit costs and pension cost. All Association members shall donate one floating holiday
annually to city as reimbursement for 100% of the cost of the Association President
salary, additives, such as career incentive pay, pension and benefit costs.
A. The City shall pay the POA President a "Confidential Premium" in lieu of 20 hours
per pay period at time and one-half. This premium is contained in the California
Public Employees' Retirement Law (PERL) and is described as "compensation to
rank and file employees who are routinely and consistently assigned to sensitive
positions requiring trust and discretion." The parties agree that the value of this
premium shall be equivalent to 28 hours of pay at straight time per payperiod. The
rate paid shall be tied to the incumbent's rank. The POA agrees that the acceptance
of said compensation as described in section E as "PERSable" is subject to PERS
approval and if it is determined that said compensation is not "PERSable" the City
is not obligated to provide additional benefits.
B. The Police Chief shall allow on -duty time, (up to three days) for five board
members, once per year, to attend the Peace Officers' Memorial. The Police Chief
shall allow on -duty time (up to four days) for five board members, once per year,
to attend the Fraternal Order of Police ("FOP") training. POA will pay for all costs
for the board members attendance at said events, including per diem, travel, hotel,
etc. If the Memorial or FOP falls on a board members normal day off, they will not
receive on -duty pay for attendance.
C. The City agrees to grant up to a total of sixty hours (60) per fiscal year on a non-
cumulative basis to enable the POA members, officers, worksite leaders/stewards,
to conduct Union business and assist other bargaining unit employees in processing
grievances under the Grievance Review Procedure; provided, however, that such
POA members officers, worksite leaders/stewards and aggrieved employees shall
make advance arrangement with their supervisors prior to absenting themselves for
such purpose. The officers, worksite leaders/stewards and aggrieved employees
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.
14.2 The Association shall provide an insurance policy or policies, or certificate of such
insurance, naming the City of Santa Ana, its officers, employees and agents as insured or
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25C-57
additional insured, which provides coverage against liability for any and all claims and/or
suits for damages or injuries to persons or property resulting from or arising out of any act
or omission of said Association representative. Said policy or policies of insurance shall
provide coverage for both bodily injury and property damage in not less than the following
minimum amounts: One million dollars ($1,000,000.00) combined single limit or its
equivalent. Said policy or policies shall also contain a provision that no termination,
cancellation or change of coverage of insured or additional insured shall be effective until
thirty (30) days' notice thereof has been given in writing to the City of Santa Ana.
14.3 The Association shall provide the City of Santa Ana with an insurance certificate from a
workers' compensation insurance carrier certifying that it carries primary workers'
compensation insurance on behalf of said Association representative and the policy shall
not be cancelled nor the coverage reduced except upon ten (10) days' prior notice to the
City of Santa Ana.
14.4 The Association shall indemnify and save harmless the City of Santa Ana, its officers and
employees, from and against any and all damage to property or injuries to or death of any
person or persons, including property and employees or agents of the City of Santa Ana,
and shall defend, indemnify and save harmless the City of Santa Ana, its officers and
employees, from any and all claims, demands, suits, actions or proceedings of any kind or
nature, including, but not by way of limitation, workers' compensation claims, resulting
from or arising out of the negligent acts, errors, or omissions, or arising out of the
intentional or malicious acts of Association's representative.
14.5 The Association and the City of Santa Ana agree that the Association's representative will
not be required to carry out any peace officer's duties during such time that the
Association's representative is on such full-time release from duty. The Association's
representative will be required to comply with the Rules and Regulations of the Santa Ana
Police Department as they apply to off-duty employees, except such representative will not
be required to report for duty for any purpose.
14.6 Upon return to duty from such full-time release, the Association's representative shall be
restored to the same position without loss of any benefits as he or she would have occupied
or accrued if there had been no disruption in duty status.
The Association agrees that since the Association representative does not report for duty
or account to the City for his or her sick leave or vacation time, that vacation and sick leave
accruals shall be treated as follows:
A. The Association representative shall accrue eight (8) hours of sick leave each month
until the accrued sick leave total reaches a maximum of 1600 hours.
B. Vacation shall be accrued pursuant to Article X of the POA MOU.
54
25C-58
ARTICLE XV
15.0 SAFETY
15.1 The City and the employees of the City agree to comply with all applicable federal, state
and local laws, and City of Santa Ana regulations, which relate to health and safety.
ARTICLE XVI
16.0 RESIDENCY
16.1 To the extent possible, the City shall perform any and all acts necessary to remove
limitations upon where employees reside who are covered by this MOU.
At the discretion of the Police Chief, selected special duty assignments may be designated
as rapid response assignments. In those instances, the Police Chief may apply specific
residency requirements upon members assigned to those positions.
[This space intentionally left blank]
5.5
25C-59
ARTICLE XVII
17.0 DISCIPLINE
17.I A. Any permanent employee covered by this MOU may only be disciplined in accordance
with the standards and procedures and subject to all rights of appeal set forth in Santa Ana
Municipal Code Sections 9-9, 9-10, 9-118.1, et seq. Any probationary employee covered
by this MOU may be disciplined in accordance with the standards and procedures set forth
in Santa Ana Municipal Code Sections 9-90, 9-91, 9-118, and subject to review in
accordance with the grievance review procedure contained in this MOU.
B. Upon request from the City the Union agrees to a reopener to Meet and Confer over
changes to the Disciplinary Hearing process including but not limited to the use of a
Hearing Officer and changes to the City Charter and/or the Municipal Code referencing
the Disciplinary hearing process and the Personnel Board.
17.2 In addition, a new section shall be added to the Municipal Code to provide as follows:
A. In the event an employee is ordered to absent himself from the job based on
probable cause and it is subsequently determined by the Police Chief, the City
Manager, Personnel Board or a court of competent jurisdiction, that cause did not
exist for the ordered absence, the employee shall have restored to him any paid
leaves of absence against which such absence may have been charged, and he shall
be granted a retroactive leave of absence with pay for the time during which he was
prohibited from performing the duties of his position, less any compensation paid
to him by the City during such ordered absence unless such employee waives
his/her rights to retroactive pay.
B. In the event an employee is reduced, suspended and/or discharged, and upon appeal
the City Manager, Personnel Board or a court of competent jurisdiction does not
sustain such reduction, suspension, and/or discharge, the employee shall be entitled
to his base rate or salary including all additives, vacation, and sick leave as if such
unsustained reduction, suspension, or discharge had not been invoked. However, in
no event shall an employee be entitled to any salary or credit for vacation and sick
leave for any period of time covered by a suspension sustained on appeal or for any
period of time waived by the employee as a condition to the granting of a
continuance of any hearing on appeal.
C. If, during an absence for which an employee is paid pursuant to this Section, he
earned any money which he would not have earned had he continued to perforin
the duties of his position, such sum shall be deducted from the salary otherwise
payable to him pursuant to this Section.
56
25C-60
ARTICLE XVIII
18.0 GRIEVANCE REVIEW PROCEDURE
18.1 Definition of Grievance. A grievance shall be defined as a timely complaint by an
employee or group of employees or the Association concerning the interpretation or
application of specific provisions of this 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 provision of the
City Charter and the Civil Service Rules and Regulations,
No employee shall suffer any reprisal because of filing or processing of a grievance or
participating in the Grievance Review Procedure.
18.2 Informal Process.
A. An employee must first attempt to resolve the grievance on an informal basis
through discussion with his or her immediate supervisor without undue delay, but
in no case, beyond a period of ten (10) calendar days after the occurrence of the
alleged incident giving rise to the grievance, or when the grievant knew or should
have reasonably become aware of the facts giving rise to the grievance.
If the employee's grievance is directed against the actions of his or her immediate
supervisor, the employee may initiate his or her grievance with his or her Division
Commander. In such cases, the employee shall file his or her grievance directly
with the Division Commander within ten (10) calendar days of the event. Response
time lines will continue as designated for Division Commander and above. If the
grievance is directed toward the Division Commander, the employee may file
directly with the Bureau Commander.
B. The Supervisor will respond to the grievance within seven (7) calendar days of
receiving the grievance.
C. If the grievance is not resolved at the immediate supervisor level, the employee,
within ten (10) calendar days of the supervisor's response, will attempt to resolve
the grievance on an informal basis through discussion with his or her Division
Commander. The Division Commander will respond to the grievance within seven
(7) calendar days of receiving the employee grievance.
D. Every effort shall be made to find an acceptable solution to the grievance through
this informal process.
E. If the grievance is not resolved at the infornal level, the employee shall then set
forth the grievance in writing, indicate the nature of the action desired, sign it, and
submit it in duplicate to his or her Bureau Commander. At this point, the grievance
review process becomes formal. Should the grievant fail to file a written grievance,
and in the manner specified above, within ten (10) calendar days after receiving the
57
25C-61
response from his or her Bureau Commander, the grievance shall be barred and
waived.
18.3 Formal Process.
A. If the grievance is not resolved through the informal process, and a written
grievance is filed within the time limits set forth above, the grievant's immediate
supervisor and Division Commander will add their comments and any justification
they consider proper, sign it, and forward it to their Bureau Commander without
undue delay, or in no case, more than seven (7) calendar days after receiving the
formal grievance. A copy shall be provided to the employee.
B. The Bureau Commander, after study of the case, shall attach his or her decision and
reasons therefore, and return them to the employee within seven (7) calendar days
after receipt of the written grievance.
C. If no satisfactory settlement has been reached at the division level, the employee
may, within seven (7) calendar days after receipt of the Bureau Commander's
decision may, in writing, request a meeting with the Police Chief to pursue the
employee's grievance.. Failure of the grievant to take this action will constitute a
waiver and bar to the grievance, and the grievance will be considered settled on the
basis of the Bureau Commander's response.
D. If the grievant files a written grievance to the Police Chief in the matter and within
the time limits specified in "C" above, then a conference shall be held at the request
of the employee or the Police Chief.
E. The Police Chief shall inform the employee of his action within fourteen (14)
calendar days of the filing of the written grievance with the Police Chief or the date
the conference is held between the employee and the Police Chief.
F. If no satisfactory settlement has been reached at the departmental level, the
employee may, within seven (7) calendar days after being informed by the Police
Chief of his decision on the matter, and the reasons thereof, submit the grievance
in writing to the City Manager, or his duly authorized representative, for
determination. Failure of the grievant to take this action will constitute a waiver
and bar to the grievance, and the grievance will be considered settled on the basis
of the Police Chief's response.
The City Manager, or his representative, after careful review, shall render a final
decision on the merits of the grievance, in writing, and return it to the grievant
within twenty-one (21) calendar days after receiving the grievance. A copy of the
written grievance to the City Manager, and of the City Manager's decision, shall be
filed in the Personnel Records of the department and the grievant's personnel jacket
maintained in the Personnel Services Department.
58
25C-62
G. After the procedure set forth in this Article has been exhausted, the grievant, the
Association, and the City shall have all rights and remedies to pursue said grievance
under the law.
ARTICLE XIX
19.0 DUES DEDUCTION AND INDEMNIFICATION
19.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all
employees recognized to be represented by the Association, who voluntarily authorize such
deduction, in writing, on a form to be provided for this purpose by the City. The City shall
remit such funds to the Association within thirty (30) days following their deduction.
19.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City
against any claims, causes of actions, or lawsuits instituted by a member or members of
the Association arising out of the deductions or transmittal or such funds to the Association,
except the intentional failure of the City to transmit, to the Association, monies deducted
from the employees pursuant to this Article.
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 execution 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 non-existence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to
be provided to the public.
E. To determine methods of financing.
To determine types of equipment or technology to be used.
59
25C-63
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract any work or
operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and
assigmnents.
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,
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause
in accordance with the provisions and procedures set forth in the City Charter and
Santa Ana Municipal Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote, and demote employees for non -disciplinary reasons in
accordance with this MOU.
O. To determine policies, procedures, and standards for selection, training, and
promotion of employees.
P. To establish employee performance standards including, but not limited to, quality
and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this MOU.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
20.2 Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the contemplated exercise of Management's
rights shall impact on a significant number of employees of the bargaining unit, the City
agrees to meet and confer in good faith with representatives of the Association regarding
the impact of the contemplated exercise of such rights prior to exercising such rights, unless
the matter of the exercise of such rights is provided for in the MOU.
60
25C-64
The City and Association agree that upon the expiration of this contract and during the
good faith negotiations for a subsequent contract, salary and benefits shall continue at the
then current rate.
ARTICLE XXI
21.0 STRUCES AND WORK STOPPAGES
21.1 Prohibited Conduct.
A. The Association, its officers, agents, representatives, and/or members agree that
during the term of this MOU, they will not cause or condone any unlawful strike,
walkout, slowdown, sick-out or any other unlawful job action by withholding or
refusing to perform services.
B. Any employee who participates in any conduct prohibited in Subsection A above
shall be subject to suspension, demotion or dismissal by the appointing authority.
C. In addition to any other lawful remedies or disciplinary actions available to the City,
if the Association fails, in good faith, to perform all responsibilities listed below in
Section 21.2, Association Responsibility, the City may suspend any and all rights
and privileges, accorded to the Association in this MOU, including but not limited
to suspension of the Grievance Review Procedure and dues deduction.
21.2 Association Responsibility. In the event that the Association, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Section 21.1A of
this Article, Prohibited Conduct, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this MOU and unlawful, and
they must immediately cease engaging in conduct prohibited in said Section 21.1A, and
return to work.
ARTICLE XXII
22.0 LAYOFFS
22.1 All layoffs within the competitive service occasioned by abolishment of a position, the
combination of duties of two (2) or more positions, or the reduction in numbers of
employees in a given class, shall be governed by seniority in the class. Reemployment
shall be in reverse order of layoff.
22.2 Any promotional probationary employee laid off under these procedures who held
permanent status in a lower class shall retain seniority rights in the previously held
classification provided that it is still listed in the City's current basic classification and
compensation plan.
61
25C-65
22.3 Any permanent, fill -time employee laid off render the above provisions may request a
demotion to a position in a lower class provided he/she meets reasonably related
qualifications required for placement in the class and the position is vacant.
22.4 In lieu of layoff, an employee may elect to work in a lower level classification, in which
he or she has served, providing that classification is within the same job family/career
ladder. In that event, the employee's length of service in the next lower classification will
be added to his or her length of service in the affected classification, and said combined
seniority shall be used to bump down into the next lower classification. This method of
combining seniority shall be applied to subsequent lower classifications.
22.5 For positions that were advertised in the Police Department as "open and promotional" or
"promotional only" which are open to Police Department employees only, there will be
created a "job ladder" such that those employees in positions to be eliminated through
layoff shall be entitled to return to the POA job classification in the Police Department
from which they promoted, "bumping" any employee in that job class with less cumulative
years of service in that job class than the bumping employee had in that job class prior to
promotion.
22.6 Notice of Service. On request, a laid off employee shall receive a statement certifying that
his/her services have been satisfactory. Layoff shall not be used in lieu of a disciplinary
dismissal.
ARTICLE XXIII
23.0 MISCELLANEOUS PROVISIONS
23.1 Reovener. The Association and City mutually agree to re -open the MOU to meet and confer
on the subjects of:
A. The use of body cameras; and
B. Implementation of the Lexipol Policy Manual.
23.2 Uniform Allowance. With respect to Safety and Miscellaneous employees who do not
qualify as "New Members" under the California Public Employees' Pension Reform Act
(PEPRA), the City shall report to Ca1PERS the monetary value of uniforms and uniform
maintenance for those employees required to wear uniforms. The monetary value by
classification is listed in Exhibit B, entitled "Uniform Allowance by Classification." The
value of the Uniform Allowance shall be determined by the City and will be reported to
the California Public Employees' Retirement System (CaIPERS) for retirement purposes
only.
Under CCR 57l(a), Uniform allowance is defined as "Compensation paid or the monetary
value for the purchase, rental and/or maintenance of required clothing, including clothing
62
25C-66
made from specially designed protective fabrics, which is a ready substitute for personal
attire the employee would otherwise have to acquire and maintain. This excludes items that
are solely for personal health and safety such as protective vests, pistols, bullets and safety
shoes.
ARTICLE XXIV
24.0 SOLE AND ENTIRE AGREEMENT
23.1 It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior
agreements and memoranda of agreement, or memoranda of understanding, or contrary
salary and/or personnel rules and regulations or administrative codes, provisions of the
City, oral and written, expressed or implied, between the parties, and shall govern the entire
relationship and shall be the sole source of any and all rights which may be asserted
hereunder. This MOU is not intended to conflict with federal or state law or the City
Charter.
23.2 The City will continue to administer its employee relations and its personnel policies and
procedures in accordance with duly -adopted ordinances and resolutions, and the affected
employees will continue to be governed thereby during the term of this MOU.
ARTICLE XXV
25.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU
25.1 During the tern of this 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, unless required by
specific provisions of this MOU, and irrespective of whether or not such matters were
discussed or were even within the contemplation of the parties hereto during the
negotiations leading to this MOU. Regardless of the waiver contained in this Article, the
parties may, however, by mutual agreement, in writing, agree to meet and confer about any
matter during the term of this MOU.
ARTICLE XXVI
26.0 SEPARABILITY PROVISION
26.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full 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, the parties shall forthwith commence
negotiations to replace the invalidated benefits with benefits of comparable value.
fib
25C-67
ARTICLE XXVII
27.0 TERM OF MOU
27.1 The term of this MOU shall be from July 1, 2017 through June 30, 2018.
[This space intentionally left blank]
64
25C-68
ARTICLE XXVIII
28.0 RATIFICATION AND EXECUTION
28.1 The City and the Association have reached an understanding as to certain recommendations
to be made to the City Council for the City of Santa Ana and have agreed that the parties
hereto will jointly urge said Council to adopt a new wage and salary resolution which will
provide for the changes contained in said joint recommendations. The City and the
Association acknowledge that this Memorandum of Understanding shall not be in full force
and effect until ratified by the membership of the Association and adopted by the City
Council of the City of Santa Ana. Subject to the foregoing, this Memorandum of
Understanding is hereby executed by the authorized representatives of the City and the
Association and entered into this 5`h day of July, 2017.
CITY OF SANTA ANA, a Municipal
Corporation of the State of California
Dated: By:
MAYOR
Dated: By:
INTERIM CITY MANAGER
Dated: By:
EXECUTIVE DIRECTOR -
PERSONNEL SERVICES
ATTEST:
CLERIC OF THE COUNCIL
APPROVED AS TO FORM:
&'�' K. v"','�
(1,,,A, CITY ATTORNEY
65
25C-69
This MOU has been ratified by the membership of the Santa Ana Police Officers Association.
Dated:
SANTA ANA POLICE
OFFICERS ASSOCIATION
LH
Gerry Serrano
PRESIDENT
66
25C-70
EXHIBIT A
BASIC SALARY AND WAGE SCHEDULE
25C-71
I
0
1
2
3
4
5
6
7
8
9
41
1542
1549
1557
1565
1573
1580
1588
1596
1604
1612
42
1619
1627
1635
1643
1651
1659
1668
1676
1684
1693
43
1700
1708
1717
1725
1734
1742
1751
1760
1769
1778
44
1785
1793
1802
1811
1820
1830
1839
1848
1857
1866
45
1874
1883
1892
1902
1911
1921
1930
1940
1950
1960
46
1968
1977
1987
1997
2007
2017
2027
2037
2048
2058
47
2066
2076
2086
2097
2107
2118
2128
2139
2150
2160
48
2169
2179
2190
2201
2212
2223
2234
2246
2257
2268
49
2277
2288
2299
2311
2322
2334
2346
2357
2369
2381
50
2391
2402
2414
2427
2439
2451
2463
2475
2488
2500
51
2511
2523
2536
2548
2561
2574
2587
2600
2613
2626
52
2637
2650
2663
2676
2690
2703
2717
2730
2744
2758
53
2769
2782
2796
2810
2824
2838
2853
2867
2881
2896
54
2907
2921
2936
2950
2965
2980
2995
3010
3025
3040
55
3052
3067
3082
3098
3113
3129
3144
3160
3176
3192
56
3205
3221
3237
3253
3269
3285
3302
3318
3335
3352
57
3365
3381
3398
3415
3432
3449
3467
3484
3501
3519
58
3533
3550
3568
3586
3604
3622
3640
3658
3676
3695
59
3710
3728
3747
3765
3784
3803
3822
3841
3861
3880
60
3896
3915
3935
3954
3974
3994
4014
4034
4054
4074
61
4091
4111
4132
4152
4173
4194
4215
4236
4257
4278
62
4296
4317
4339
4360
4382
4404
4426
4448
4470
4493
63
4511
4533
4556
4579
4601
4624
4648
4671
4694
4718
64
4741
4764
4787
4810
4834
4858
4882
4906
4930
4954
65
4978
5002
5026
5051
5076
5101
5126
5151
5176
5201
66
5226
5252
5278
5304
5330
5356
5382
5408
5434
5461
67
5488
5515
5542
5569
5596
5623
5650
5678
5706
5734
68
5762
5790
5818
5847
5876
5905
5934
5963
5992
6021
69
6050
6080
6110
6140
6170
6200
6230
6260
6291
6322
67
25C-71
I
70
6353
6384
6415
6446
6478
6510
6542
6574
6606
6638
71
6670
6702
6735
6768
6801
6835
6869
6903
6937
6971
72
7005
7039
7073
7107
7141
7176
7211
7247
7283
7319
73
7355
7391
7427
7463
7499
7535
7571
7609
7647
7685
74
7723
7761
7799
7837
7875
7913
7951
7989
8029
8069
75
8109
8149
8189
8229
8269
8309
8349
8389
8431
8473
76
8515
8557
8599
8641
8683
8725
8767
8809
8853
8897
77
8941
8985
9029
9073
9117
9161
9205
9250
9296
9342
78
9388
9434
9482
9529
9577
9625
9673
9721
9770
9819
1
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
68
25C-72
EXHIBIT B
UNIFORM ALLOWANCE BY CLASSIFICATION
Job Title
Monthly
Uniform
Allowance
Animal Service Officer I
$15.42
Animal Service Officer II
$15.42
Communications Services Officer
$14.58
Correctional Officer
$14.34
Correctional Supervisor
$14.34
Forensic Specialist I
$14.34
Forensic Specialist II
$14.34
Parking Control Officer
$14.58
Police Communications Supervisor
$14.58
Police Community Services
Specialist
$14.58
Police Investigative Specialist
$14.58
Police Property & Evidence
Supervisor
$14.58
Police Recruit
$14.58
Police Officer
$20.84
Police Sergeant
$20.84
Police Officer (with Motor Officer
Premium)
$24.16
Police Sergeant (with Motor Officer
Premium)
$24.16
Police Service Officer
$14.58
Police Services Dispatcher
$14.58
Senior Parking Control Officer
$14.58
Traffic Services Specialist
$14.58
69
25C-73
25C-74