HomeMy WebLinkAbout55A - RESO SAPMA MOUREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 20, 2019
TITLE:
APPROVE AN APPROPRIATION
ADJUSTMENT IN THE AMOUNT OF
$696,120; ADOPT A RESOLUTION
AMENDING RESOLUTION NO. 2015-026
TO EFFECT CERTAIN CHANGES TO THE
CITY'S BASIC CLASSIFICATION AND
COMPENSATION PLAN; AND APPROVE A
MEMORANDUM OF UNDERSTANDING
WITH THE SANTA ANA POLICE
MANAGEMENT ASSOCIATION
{STRATEGIC PLAN NO. 7, 4, & 6)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an Appropriation Adjustment to move $696,120 from the General Fund Non -
Departmental accounting unit into the appropriate General Fund accounting units noted in
Exhibit 1.
2. Adopt a Resolution Amending Resolution No. 2015-026 to effect certain changes to the
City's Basic Classification and Compensation Plan. Exhibit 2.
3. Authorize the City Manager and the Clerk of the Council to execute a Memorandum of
Understanding with the Santa Ana Police Management Association (SAPMA) for the period
July 1, 2018 through June 30, 2021, regarding wages and other terms of conditions of
employment as Exhibit 3.
The current Santa Ana Police Management Association (SAPMA) Memorandum of Understanding
(MOU) expired on June 30, 2018. The City and the SAPMA recently completed contract
negotiations resulting in a new three-year MOU. The MOU covers July 1, 2018 through June 30,
2021.
The major provisions of this agreement include:
55A-1
Agreement with SAPMA 2018-2021
August 20, 2019
Page 2
1. Term: A three-year term, from July 1, 2018 through June 30, 2021.
2. Salary:
a. Effective July 1, 2018, classifications covered by this MOU shall receive a
retro-active base salary increase of five (5) salary rate ranges (approximately
2.5%).
b. Effective January 1, 2019, classifications covered by this MOU shall receive
a retro-active base salary increase of five (5) salary rate ranges
(approximately 2.5%).
C. Effective July 1, 2019, classifications covered by this MOU shall receive a
retro-active base salary increase of eight (8) salary rate ranges
(approximately 4%).
d. Effective July 1, 2020, classifications covered by this MOU shall receive a
base salary increase of eight (8) salary rate ranges (approximately 4%).
Retro-active salary increases will be provided to those currently employed on the date the
MOU is approved by Council.
3. Sworn Step "E": Effective July 1, 2019, a Step "E" (approximately 5% increase from Step
"D") will be added to the sworn classifications in this unit.
4. Sworn Performance Bonus: Performance Bonus and/or Merit Step Advancement available
when it is determined that their overall performance significantly exceeds or exceeds
expectations as outlined in Section 4.8 of the MOU, at the Chiefs discretion after completing
1 full year at D or E step during the period of July 1, 2019 through December 31, 2020. On
12/31/20 this provision will sunset and then beginning 1/l/2021, sworn employees will be
eligible for only a performance bonus when it is determined that their overall performance
significantly exceeds or exceeds expectations as outlined in Section 4.8 of the MOU after
completion of one (1) full year at E Step. Non -Sworn will remain unchanged with eligibility
after completing f full year at D Step.
5. Eliminate Compaction: Effective July 1, 2020, the City agrees, after implementation of the
four percent (4%) increase to base salary adjustment effective July 1, 2020, to maintain an
approximate five percent (5%) between the classifications of Sergeant (top step with all
eligible pay additives) in the Santa Ana Police Association unit and Police Commander
(Lieutenant) (Step "D" including Supervisory Post and Bilingual additives).
6. Education Incentive Restructure: Effective July 1, 2019, (Current PMA members, employees
hired or promoted into the PMA unit on or after July 1, 2019 shall not be eligible for the
Educational Incentives Program described in 6.1 in the MOU (Attachment 3) but shall now
be eligible for the Education Incentives as described below. Those that were previously
receiving incentives in Section 6.1 shall be grandfathered in to continue to receive those
'MAW
Agreement with SAPMA 2018-2021
August 20, 2019
Page 3
incentives, should they qualify for the provisions below on or after July 1, 2019, shall not be
eligible for both only the greater benefit of the two.
SWORN ONLY
• Level 1: Supervisory POST = 5% on base pay (cap=5%).
• Level 2: Supervisory POST AND Cal Command OR FBI Cert = 10% on
base pay (cap=10%).
• Level 3: MA/MS Degree AND Supervisory POST = 10% on base pay (cap
10%).
• Level 4: MA/MS Degree AND Supervisory POST AND Cal Command
College OR FBI Cert = 15% on base pay (cap 15%).
NON -SWORN
• MA/MS Degree — 5% (cap 5%).
7. Long Term Disability (LTD): Effective January 1, 2020, the City shall continue to pay one
hundred percent (100%) of the premium cost for a long term disability insurance plan for
employees covered by this MOU as said plan. Effective January 1, 2020, Police
Management employees covered by this MOU shall receive a monthly benefit of sixty-six
and two-thirds percent (66 2/3%) of their base monthly salary (to a maximum monthly
benefit of $7,500).
8. Vacation Carry-over: Effective December 31, 2019, any vacation not used by December
31s' of each calendar year that is above the maximum carry-over amount shall be cashed
out at a straight -time rate. Members are only eligible for cash out if they used 80 hours of
vacation during the calendar year.
9. Retiree Health Savings (RHS): Effective July 1, 2019, increase city contribution to member's
ICMA-RC account by 1.25% for a total contribution of 4% total.
10. City Observed Holiday: Effective January 1, 2020 the City will observe Cesar Chavez
Holiday.
11. Credit of Unused Sick Leave: Upon adoption of the MOU, members with at least 10 (ten)
years or more of full-time City service that retire from the City within 120 days of separation
from employment can convert up to 2000 hours of accrued un-used sick leave towards
CalPERS service credit.
12.Classification of Correctional Manager: Effective upon adoption of this MOU, amend the
Basic Classification and Compensation Plan in order to move the classification of
Correctional Manager from Santa Ana Management Association (SAMA) to the SAPMA unit
as a non -sworn member at the monthly five (5) step -salary rate range; PMA-NSWN 754
$8,269 - $10,055 (range prior to salary increase effective July 1, 2019, as described in item
#2 above).
55A-3
Agreement with SAPMA 2018-2021
August 20, 2019
Page 4
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's effort to meet Goal #7 - Team Santa Ana, Objective #4,
Establish employee compensation that attracts and retains a highly qualified workforce, objective
#5, Create a culture of innovation and efficiency within the organization, objective #6, Provide a
positive workplace environment that supports the health of its employees and celebrates its
success, and objective #7 Develop a culture of motivated and innovative leaders in the
organization.
FISCAL IMPACT
The additional expenditures will be recorded in the affected departmental salary accounts (no.
series 61000). It is estimated that this agreement will result in a net cost to the City of $141,568 for
FY 18-19, $554,552 for FY 19-20 (total impact of $696,120) and $980,696 for FY 20-21 for a total
of $ 1,676,816 during the term of this agreement.
Appropriation Adjustment - General Fund
This agreement will result in a cost of $696,120 (within the various salary accounts 61000) during
fiscal year 2019-20, entirely within the General Fund. Detail by Fund Accounting Unit (General
Fund) is noted in Exhibit 1.
&<--Aw
Steven V. Ph -am
Executive Director
Human Resources Department
APPROVED AS TO FUNDS AND ACCOUNTS:
&46a a,
Kathryn Dovins, CPA
Executive Director 11-7
Finance and Management Services Agency
Exhibits: 1. PMA EXHIBIT 1: FY 2018-21
2. Resolution Amending Resolution No. 2015-026
3. SAPMA MOU July 1, 2018 through June 30, 2021
55A-4
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55A-5
y
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING RESOLUTION NO. 2015-026 TO
EFFECT CERTAIN CHANGES TO THE CITY'S BASIC
CLASSIFICATION AND COMPENSATION PLAN.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby finds, determines and declares as follows:
A. Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare, install and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of the City Council.
B. On June 16, 2015, the City Council adopted Resolution
No. 2015-026 amending and re-establishing the Basic Classification and
Compensation Plan for all Full -Time and Part -Time Classifications of
Officers and Employees of the City of Santa Ana ("City").
C. It is the City's practice to assign job titles that reflect the duties and
responsibilities of the classification and are consistent with other
classifications within the Citys organizational structure as well as
comparable job titles in the labor market, while maintaining internal pay
equity relationships and attracting and retaining qualified candidates.
D. As part of the bargaining process for the Memorandum of Understanding
between the City and the Santa Ana Police Management Association
("SAPMA"), the parties tentatively agreed to move the Correctional
Manager position from another bargaining unit into the SAPMA subject to
City Council approval.
E. The City Council has amended and reestablished the Basic Classification
and Compensation Plan on numerous occasions since its adoption.
F. It is now desired to amend Council Resolution No. 2015-026, as amended,
in order to effect these changes, as shown below:
#5765v2
Resolution 2019-XXX
Page 1 of 3
55A-7
Section 2: The Santa Ana City Council amends Resolution No. 2015-026,
Exhibit "C" as follows:
A. Adding the following full time classification title at the monthly five -step
salary rate range indicated:
5-Step Salary Rate Range Effective 07/01/17
Monthly Salary
Classification Title SSR Minimum -Maximum
Correctional Manager (RM) M-754 $8,269 - $10,055
(Non -Sworn)
Section 3: The Santa Ana City Council amends Resolution No. 2015-026,
Exhibit "E" as follows:
A. Deleting the following full time classification title at the monthly five -step
salary rate range indicated:
5-Step Salary Rate Range Effective 09/01/17
Monthly Salary
Classification Title SSR Minimum -Maximum
Correctional Manager (AM) AM-737 $8,256 - $10,037
Section 4: All salary rate range classifications are set forth in the City's "Salary
Schedule" as periodically updated.
Section 5: That except as amended by this Resolution, all other provisions of
Resolution No. 2015-026 as amended shall remain in full force and effect
Section 6: This Resolution is operative from and after the date upon which it is
adopted.
ADOPTED this 20th day of August, 2019.
Miguel A. Pulido
Mayor
Resolution 2019-XXX
Page 2of3
y •
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: r�L4 t U
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2019- to be the original Resolution adopted by the City Council of the
City of Santa Ana on August 20, 2019
Date:
#5765v2
Resolution 2019-XXX
Page 3 of 3
Clerk of the Council
City of Santa Ana
55A-9
55A-10
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
GPI►
SANTA ANA POLICE MANAGEMENT ASSOCIATION
REPRESENTATION UNIT
JULY 19 2018 THROUGH JUNE 30, 2021
55A-11
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
ARTICLE I
Recognition
3
ARTICLE II
Non -Discrimination Clause
4
ARTICLE III
Attendance, Workday, Workweek and Work Schedule
5
ARTICLE IV
Salaries
ARTICLE V
Assignment and Other Special Pay Additives
13
ARTICLE VI
Educational Incentive Program
14
ARTICLE VII
Training and Educational Assistance Program
17
ARTICLE VIII
Overtime
20
ARTICLE D{
Holidays
21
ARTICLE X
Vacation
24
ARTICLE XI
Other Leaves of Absence
27
ARTICLE XII
Employee Insurance
35
ARTICLE XIII
Reserved
38
ARTICLE XIV
Retirement
39
ARTICLE XV
Technology Stipend
41
ARTICLE XVI
Expanded Residency
42
ARTICLE XVII
Controlled Parking and Take Home Vehicle Privileges
43
ARTICLE XVIII
Discipline
44
ARTICLE XD{
Grievance Review Procedure
45
ARTICLE XX
Dues Deduction and Indemnification
47
ARTICLE XXI
City Rights
48
ARTICLE XXII
Strikes and Work Stoppages
50
ARTICLE XXIII
Sole and Entire Agreement
51
ARTICLE XXIV
Waiver of Bargaining During the Term of MOU
52
ARTICLE XXV
Severability Provision
53
ARTICLE XXVI
Tenn of MOU
54
ARTICLE XXVII
Ratification and Execution
55
2
55A-12
ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions ofthe Meyers-Milias-Brown Act, Government Code Section 3500,
et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana
Police Management Association (hereinafter called the "Association") as the recognized
representative of the bargaining unit which includes full-time Police Department employees
in the sworn, "safety -member" classifications and assignments of Police Commander, and
Deputy Chief of Police, and full-time department employees in the non -sworn,
"miscellaneous -member" classifications and assignments of Police Communications
Manager, Police Administrative Budget Manager, Police Administrative Manager, Jail
Administrator, Correctional Manager, and Police Systems Manager.
(The former titles of Police Lieutenant and Police Captain may continue to be used by the
City for such purposes as salary surveys and compensation comparisons for the titles of
Police Commander and Deputy Chief of Police, respectively).
55A-13
ARTICLE 11
2.0 NON-DISCRRVHNATION CLAUSE
2.1 The City and the Association agree that they shall not discriminate against any employee in
violation of State or Federal law. The City and the Association shall reopen anyprovision of
this Memorandum of Understanding (hereinafter called the "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 provision or 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.
55A-14
ARTICLE III
3.0 ATTENDANCE, WORKDAY, WORKWEEK & WORK SCHEDULE
3.1 Attendance. Employees covered by this MOU shall be in attendance at their work during
hours prescribed by the Police Chief or his or her designee(s) and shall not absent themselves
during prescribed hours without authorization from the Police Chief or his or her designee.
Employees shall not be required to submit a Leave of Absence Request for absences of two
(2) hours or less.
3.2 Alternative Work Schedules.
A. All represented employees, except those Commanders assigned as Watch
Commanders or assigned to positions designated by the Police Chief as special
exemptions, shall be permitted, at the employee's option, to work a 4/10 work
schedule. Each workday shall consist of ten (10) hours of work and thirty (30)
minutes unpaid mealtime. Said schedule shall beset by the Police Chief and subject
to annual review by the Police Chief.
B. All represented employees (except those Commanders assigned as Watch
Commanders) not assigned to the 4/10 work schedule shall work a 9180 work
schedule. Employees assigned to the 207(k) 9/80 work schedule shall work either
five (5) nine -hour workdays in the first seven (7) day span and three (3) nine -hour
and one (1) eight -hour workdays in the second seven (7) day span, or alternatively
three (3) nine -hour workdays and one (1) eight -hour workday in the first seven (7)
day span and five (5) nine -hour workdays in the second seven (7) day span, Each
nine (9) hour workday shall consist of nine (9) hours of work and thirty (30) minutes
unpaid mealtime. The eight (8) hour workday shall consist of eight (8) hours ofwork
and thirty (30) minutes of unpaid mealtime.
C. Police Commanders assigned to the Field Operations Division as Watch
Commanders will continue to be assigned to a 3/12 — 4/12 work schedule. The
minimum work day for these employees will consist of 11 hours and 30 minutes of
work, with 30 additional minutes for meals. A minimum work period shall consist of
two (2) consecutive weeks, with three (3) shifts of 11 hours and 30 minutes in one (1)
week and four (4) shifts of 11 hours and 30 minutes in the second week.
D. For purposes of computing holiday, vacation, and sick leave accruals, an eight (8)
hour day shall be the basis for computation.
55A-15
ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
members of the Association who are now employed or will in the future be employed in any
of the designated classifications of employment listed in this MOU.
4.2 Salary Schedule. The basic salary schedule, as periodically updated and published by the
City is comprised of four (4) steps or rate ranges of pay for sworn (CaIPERS "Safety")
employees and five (5) steps or rate ranges ofpay for non -sworn (CalPERS "Miscellaneous")
employees.
Effective July 1, 2019, a Step "B" (approximately 5% increase from Step "D") will be added
to the sworn classifications in this unit. The basic salary schedule for sworn (CalPERS
"Safety) employees will be increased to five (5) steps or rate ranges of pay.
The steps within each range are identified by the letters "A" through "E" inclusive for sworn
(CaIPERS "Safety") classifications and "AA" through "D" inclusive for non -sworn
(CaIPERS "Miscellaneous") classifications, with Step "A" being the lowest step for sworn
(CaIPERS "Safety") and Step "AA" being the lowest step for non -sworn (CalPERS
"Miscellaneous") classifications.
The assignment of classes to salary rate ranges during the term of this MOU is listed in the
City's salary schedule, as periodically updated and published by the City.
4.3 Salaries.
A. The base salaries of employees covered by this MOU shall be adjusted as follows:
1. Effective July 1, 2018, classifications covered by this MOU shall receive a
retro-active base salary increase of five (5) salary rate ranges
(approximately 2.5%).
2. Effective January 1, 2019, classifications covered by this MOU shall
receive a retro-active base salary increase of five (5) salary rate ranges
(approximately 2.5%).
Effective July 1, 2019, classifications covered by this MOU shall receive a
retro-active base salary increase of eight (8) salary rate ranges
(approximately 4%).
55A-16
4. Effective July 1, 2020, classifications covered by this MOU shall receive a
base salary increase of eight (8) salary rate ranges (approximately 4%).
5. Effective July 1, 2020, the City agrees, after implementation of the 4%
base salary increase effective July 1, 2020 (as noted as #3 of this section)
to maintain ten (10) salary rate ranges (approximately 5%) between the
classes of Top Step Sergeant including all pay additives available to this
classification and Police Commander "D" Step including Supervisory Post
Additive (minimum 5%) and Bilingual Pay Additive.
6. The City and Association agree that upon the expiration of this MOU and
during the period of good faith negotiations for a subsequent contract,
salary and benefits shall continue at the then current rate.
Although there are some retroactive compensation adjustments included in
this 2018-2021 MOU, all compensation adjustments provided for in this
MOU shall apply only to those employees who are employed on the day in
which the City Council approves this MOU. This applies to compensation
adjustments in any Article of this MOU.
B. The parties agree that the City may, at its sole discretion, alter its payroll practices to
eliminate the salary and wage step increases system as set forth in its current payroll
matrix, as outlined in the City's salary schedule, as periodically updated and
published by the City, and replace them with an equivalent percentage system. For
example, a five (5) salary rate range increase would not be computed as set forth on
the current matrix, but would instead be exactly 2.5%, rounded up to or down to the
nearest penny. This system would apply to all salary increases as set forth in this
MOU, including Article IV (" Salaries"), Article V ("Assignment and Other Special
Pay Additives") and the rate ranges assigned to the classifications represented by this
bargaining unit. There shall be no negative consequences to any represented
employee by such conversion.
C. The City agrees, during the term of this MOU, to maintain thirty-four (34) salary rate
ranges (17%) between the classes ofDeputy Chief of Police and Police Commander.
4.4 Anolication of Basic Compensation Plan. All employees working in classifications of
employment covered by this MOU shall be compensated at a monthly rate, as set forth in the
City's salary schedule, as periodically updated and published by the City.
4.5 Beginning Rates. An employee appointed to one of the designated sworn (CalPERS
"Safety") classifications of employment listed in this MOU maybe placed by the appointing
authority at Step "A," Step "B," Step "C", or Step "D" within the applicable rate range in the
schedule to which the class has been allocated by Resolution of the City, provided that such
7
55A-17
employee shall be assigned such salary step upon the commencement of his or her service in
said classification and such assignment having once been made shall remain in effect until
the said employee shall be entitled to advance to the next salary step in accordance with the
further provisions of the Article.
An employee appointed to one of the designated non -sworn (Ca1PERS "Miscellaneous")
classifications of employment listed in this MOU maybe placed by the appointing authority
at Step "AA", Step "A", Step `B", or Step "C" within the applicable salary rate range as
provided above.
4.6 Service. The word "service" as used in this MOU shall be deemed to mean continuous, full-
time service in the classification in which the employee is being considered for salary
advancement, service in a higher classification or service in a classification allocated to the
same salary rate range and having generally similar duties and requirements. Employees
hired after the first (11h working day of the month shall not be credited with "time in
service- for that month when determining the length of service required for salary step
advancement. A lapse of service by an employee for a period of time longer than ten (10)
calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the
accumulated length of service time of such employee for the purpose of this MOU and any
such employee reentering the service of the City shall be considered as a new employee,
except that he or she may be reemployed within two (2) years and placed in the same salary
step in the appropriate salary rate as he or she was at the time of termination of employment.
"Resignation, quit, or discharge" for purposes of this section shall mean leaving City service
altogether and not movement within City employment by way of transfer, promotion, or
demotion between and among any City departments.
4.7 Advancement Within Ranges. The following regulations shall govern salary advancement
within rate ranges:
A. For any employee covered by this MOU who has been initially appointed to a step
lower than Step "E," advancement to the next higher step (Step "A" from Step "AA,"
Step `B" from Step "A," Step "C" from Step "B," Step "D" from Step "C," or Step
"E" from Step "D" respectively) shall be granted for continued satisfactory and
efficient service by said employee in the effective performance of the duties of his or
her position. The effective date of an increase from Step "AA' to Step "A," if
granted shall be the first (11) day of the month following the completion of six (6)
months of service at Step "AA." The effective date of such step increase from Step
"A," Step "B," Step "C," Step "D", or Step `B" if granted, shall be the first (P) day
of the month following the completion of one (1) year of service at the step to which
said employee is being advanced.
Such merit advancement shall require the following:
55A-18
There shall be on file in the Office of the Executive Director of Human
Resources a copy of each periodic efficiency or performance report required to be
made on the employee by the Civil Service Rules and Regulations and/or the City
Manager during the period of service time of such employee subsequent to his or
her last salary advancement.
2. The Police Chief, at least twenty (20) calendar days prior to the anticipated
completion of such employee's required length of service, shall file with the City
Manager a statement recommending the granting or denial of the step increase
and supporting such a recommendation with specific reasons therefore. The
employee shall be notified of the reasons therefore.
3. No advancement in salary above the lowest step in the salary rate range of the
designated classification shall become effective until approved by the City
Manager, except when placement on a salary step above the lowest step in the
applicable salary rate range results from promotion under the provisions of
Section 4.9 of this Article.
B. When any such employee has not been approved for advancement to the next higher
salary step, he or she may be reconsidered for advancement to the next higher step
above his or her then current step after the completion of three (3) months of
additional service and shall be reconsidered for such advancement after the
completion of six (6) months of additional service.
4.8, Performance Based Salary Adjustments:
Each Non -Sworn employee covered by this MOU who has attained Step "D" maybe eligible
to receive an annual performance bonus as a one-time monetary incentive payment based on
a percentage of current annual rate ofbase salary in accordance with the following criteria in
Section 4.8A-C below.
Effective July 1, 2019 through December 31, 2020, eligible Sworn employees coveredbythis
MOU who have attained Step "D" or "E" maybe eligible to receive an annual performance
bonus and/or a merit step advancement as defined in Section 4.7 of this MOU. On December
31, 2020, this provision will sunset.
Beginning January 1, 2021, Sworn employees covered by this MOU maybe eligible only for
an annual performance bonus who have attained Step E. Annual performance bonuses are a
one-time monetary incentive payment based on a percentage of current annual base salary in
accordance with the criteria in Section 4.8A-C below.
55A-19
A. Performance Levels
For overall performance rated as `5' Significantly Exceeds Expectations, a
one-time monetary incentive payment of five percent (5%).
2. For overall performance rated as `4' Exceeds Expectations, a one-time
monetary incentive payment of two and one-half percent (2.5%).
For overall performance rated as '3' Meets Expectations, no monetary
incentive payment.
4. For overall performance rated as `2' BeIow Expectations, no monetary
incentive payment.
5. For overall performance rated as `1' Significantly Below Expectations, no
monetary incentive payment.
B. Upon an employee failing to receive a rating of "Significantly Exceeds Expectations"
in their Annual Performance Evaluation, the supervisor shall promptly prepare a
written document which details objectives the employee must meet in order to
receive a "Significantly Exceeds Expectations" rating for that evaluation period and
provide that document to the employee. The employee's evaluation will be held in
abeyance for a period no longer than 90 days, allowing the employee time to attempt
to achieve the objectives. During this time any Performance Based Salary
Adjustment for an "Exceeds Expectations," if awarded, shall not be processed. Ifthe
employee fails to achieve a rating of "Significantly Exceeds Expectations" within the
90dayperiod, he/she will not be eligible for the "Significantly Exceeds Expectations"
bonus for that rating period.
C. Application of Guidelines
1. Any one-time incentive payment granted under this plan is not an increase in
base salary and no salary rate range applicable to any Association employee
covered by this MOU shall be changed or deemed to have been changed by
reason of such payment. However, such incentive payment for Classic
Ca1PERS members as allowable under CCR Section 571a will be reported to
Ca1PERS as special compensation for calculation towards retirement.
2. In the event that Ca1PERS determines that such payments do not meet the
definitions listed in CCR Section 571a as special compensation to be reported
to CalPERS, the City will convert the incentive payment for eligible
10
55A-20
employees to a meritorious step on the salary range as set forth in section
4.8C (7) below.
Any Association employee that is deemed to be a "New CaIPERS Member"
is not eligible to have the incentive payment reported to Ca1PERS as special
compensation. See, Government Code section 7522.34(c) and PERS circular
200-064-17 dated December 6, 2017, a bonus is not "PERSable"
compensation for new members.
4. Any Association employee that is off on IOD or other leave of absence whose
Performance Appraisal date occurs while off work will have their appraisal
date adjusted when returning to work for the time not worked. The employee
will not be eligible for the incentive bonus payment until completing the
required time in their regular position necessary to be evaluated per current
departmental policy.
5. Performance based monetary incentive payment amounts for Association
personnel shall be recommended by the employee's Supervisor and requires
the approval of both the Police Chief and City Manager.
6. The Police Chief shall beresponsible for the development and administration
of detailed administrative procedures and guidelines for the consistent and
effective application of the Association performance appraisal evaluation
criteria. Such procedures and guidelines shall define how performance
objectives, measure and standards are developed; when and howperformance
reviews are to be carried out; how overall performance ratings will be
determined; and how performance based monetary incentive payment options
are to be exercised.
7. If it is determined by PERS that the "Bonus" is not eligible to be included as
PERSable compensation, the City shall convert the bonus to two (2)
additional merit based steps at increments of 2.5% for the last year that the
employee earned the Bonus. The Association understands and agrees that
these steps would be merit based and employees must maintain a
Significantly Exceeds Rating to receive or maintain the 5% or Exceeds
expectations rating to receive or maintain the 2.5%. Employees who do not
receive Significantly Exceeds rating or Exceeds Expectations rating will be
returned to Step 4 of the Association salary schedule.
4.9 Promotional Salary Advancement. When an employee is promoted to a position in a higher
classification from a position in a lower classification, he or she shall be reassigned to the
lowest step in the appropriate salary rate range for the higher classification that gives the
employee a minimum increase of one (1) salary step (approximately 5%) over his or her
11
55A-21
current base salary step (plus any pay for performance bonus if said employee was at top
step in their current classification) and exclusive of anypay additive or additives such as shift
differential, assignment pay, special skill pay or the like.
4.10 Demotion. When an employee is demoted to a position in a lower classification, his or her
salary rate shall be fixed in the appropriate salary rate range for the lower classification in
accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step.
B. The new salary rate must be within the appropriate salary rate range.
C. The new salary rate shall not be higher than the salary step to which the employee
would have been entitled had his or her service time in the higher classification been
spent in the lower classification.
4.11 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification
which is reallocated to a different salary rate range from that previously assigned shall be
retained in the same salary step in the new salary rate range as he or she had previously held
in the prior rate range and shall retain credit for length of service in such step towards
advancement to the next higher step.
12
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ARTICLE V
5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
5.1 Bilingual Assignment Pay. An employee who speaks both English and either Spanish,
Samoan, Vietnamese or other languages designated by the Police Chief, will be paid a
monthly assignment pay differential in accordance with the criteria and amounts set forth
below:
A. Any Deputy Chief of Police or Police Captain who has been certified by the
Executive Director of Human Resources as having satisfactorily demonstrated
conversational fluency in both languages shall be paid amonthly differential of one
hundred seventy-five ($175) above his or her then current base monthly salary step.
B. Any other member of the Association who works in a position where it has been
determined by the Police Chief that bilingual proficiency is essential to carry out
duties and responsibilities of a critical and/or emergencynature without ready access
to backup assistance, or positions where bilingual public contact is a major and
essential element of the work being performed, as determined by the Police Chief or
his or her designee, shall be paid a monthly differential of one hundred seventy five
($175) above his or her then current base monthly salary step, upon certification by
the Executive Director of Human Resources that this person has satisfactorily
demonstrated conversational fluency in both languages.
13
55A-23
ARTICLE VI
6.0 EDUCATIONAL INCENTIVE PROGRAM
6.1 Effective July 1, 2019, all eligible members of PMA currently receiving Educational
Incentives listed in Section 6.lA--I (as described below) as of July 1, 2019 will be
"grandfathered in" to continue to receive those incentives but no other members of
the association will be able to participate in this educational incentive. In no event
shall the application of this Educational Incentive program described in Section 6.1
result in an employee being eligible to earn more than ten percent (10%) above his or
her then current base monthly salary step.
A. FBI National Academy. Any employee covered by this MOU who successfully
completes the FBI National Academy shall be paid at a rate set ten (10) salary rate
ranges (approximately 51/o) above his or her then current base monthly salary step.
B. California Command College. Any employee covered by this MOU who
successfully completes the California Command College shall be paid at a rate set ten
(10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step.
C. LAPD Leadership Pro gram. Any employee covered by this MOU who successfully
completes the LAPD Leadership Program shall be paid at a rate set five (5) salary
rate ranges (approximately 2.5%) above his or her then current base monthly salary
step.
D. Police Executive Research Forum (PERF) Senior Management Institute for Police.
Any employee covered by this MOU who successfully completes the Senior
Management Institute for Police shall be paid at a rate set five (5) salary rate ranges
(approximately 2.5%) above his or her then current base monthly salary step.
E. FBI National Academy (LEEDS Program). Any employee covered by this MOU
who successfully completes the FBI LEEDS Program shall be paid at a rate set five
(5) salary rate ranges (approximately 2.5%) above his or her then current base
monthly salary step.
International Association of Chiefs of Police. Any employee covered by this MOU
who successfully completes the Leadership in Police Organizations Program shall be
paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her
then current base monthly salary step.
G. Homeland Security Executive Leaders Program. Any employee covered by this
MOU who successfully completes the Homeland Security Executive Leaders
14
55A-24
Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%)
above his or her then current base monthly salary step.
H. Advanced Leadership Program. The advanced leadership courses listed below
represent curriculum that exceed minimum training mandates for law enforcement
managers. The subject matter addresses a variety of critical topics associated with
advanced organizational development and the role of leaders within the organization.
All courses are applicable to sworn and civilian managers,
Any employee covered by this MOU who successfully completes a cumulative total
of 112 hours of the below listed advanced leadership courses shall be paid at a rate
set five (5) salary rate ranges (approximately2.5%) above his or her then current base
monthly salary step.
Leadership Courses
Hours
Command Institute for Law Enforcement Executives F.B.I. — LEEDA
40
Contemporary Leadership Issues .B.I. — LEEDA
32
Executive Development Course .O.S.T.
80
Management Civilian Seminar Part I P.O.S.T.
24
Management Civilian Seminar art P.O.S.T.
24
Organizational Leadership .O.S.T.
40
Police Management Seminar Advanced .O.S.T.
24
Supervisor Leadership Institute .B.I. — LEEDA
40
POST Management Update
24
POST Supervisory Update
24
FBI-LEEDA Executive Survival
32
Role of the Police Chief
40
POST Supervisory/Leadership Update
24
Effective Executive Communication
24
Police Management Seminar Advanced
24
Civilian Management Seminar
40
Advanced Civilian Management
24
I. Additional Courses. Any other course, 24 hours or longer, which focuses on
developing leadership skills or increasing knowledge of contemporary law
enforcement issues of a management/executive nature, or which enhances knowledge
of community policing strategies or trends, shall be reviewed and approved by the
Chief of Police after he/she ensures that the above criteria are met.
6.2 Educational Incentive Program: Effective July 1, 2019 for all members covered by
this MOU, including Current PMA members, employees hired or promoted into the
PMA unit on or after July 1, 2019, shall not be eligible for the Educational Incentives
Program described in Section 6.1 A -I (above) but shall now be eligible for the
15
55A-25
Education Incentives listed in this section of this MOU. Those that were previously
receiving incentives in Section 6.1 A -I that qualify for the provisions in this section
on or after July 1, 2019, shall not be eligible for both, only the greater benefit of the
two.
A. SWORN ONLY
Sworn employees may only qualify for one (1) Education Incentive Level at one
time and not intended to be compounded with one another.
1. Level 1 - Any sworn employee covered by this MOU who successfully
obtains his/her Supervisory POST certificate, shall be paid at a rate set ten
(10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step (cap=5%).
2. Level 2 - Any sworn employee covered by this MOU who successfully
obtains his/her Supervisory POST AND California Command College OR
FBI National Academy shall be paid at twenty (20) salary rate ranges
(approximately 10%) above his or her then current base monthly salary step
(cap=10%).
3. Level 3 - Any sworn employee covered by this MOU who attains their
MA/MS Degree AND Supervisory POST shall be paid at twenty (20) salary
rate ranges (approximately 10%) on above his or her then current base
monthly salary step (cap 10%).
4. Level 4- Any sworn employee covered by this MOU who attains their
MA/MS Degree AND Supervisory POST AND California Command College
OR FBI National Academy shall be paid at thirty (30) salary rate ranges
(approximately 15%) on above his or her then current base monthly salary
step (cap 15%).
B. NON -SWORN
1. Any non-swom employee covered by this MOU who successfully attains a
Masters of Art or Master of Science degree shall be paid at a rate set ten (10)
salary rate ranges (approximately 5%) above his or her then current base
monthly salary step (cap=5%).
16
55A-26
ARTICLE VII
7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
7.1 Purpose.
A. To encourage the employees of the City of Santa Ana to take college courses and
special training courses, which will better enable them to perform their present duties
and prepare them for increased responsibilities.
B. To provide financial assistance to eligible employees for education and training.
C. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
7.2 Eligibility (Updated effective July 1, 2019).
A. Application for tuition reimbursement will be considered only from full-time, regular
City employees covered by this MOU who have completed probation.
B. Reimbursement is not authorized for courses for which the employee is receiving
financial assistance from other sources such as the G.I. Bill, scholarships, etc.
C. Applications will be approved only for courses directly related to the employee's job
or directly related to a promotional position in the employee's occupational specialty.
D. Courses not ostensibly related to the employee's job, but which are required in the
course plan to qualify for a degree that is directly related to his job, may be
reimbursable only after all required, occupationally -related courses have been
completed
E. Prior to receiving tuition reimbursement, employees must submit documentaryproof
of having received a grade of not less than "C" for the course. If objective ratings are
not rendered for a specific course, then a certificate of successful completion must be
submitted.
F. Approval will be limited to courses given by accredited colleges and universities, city
colleges or adult education courses under the sponsorship of a Board of Education
and certain non -collegiate training seminars approved by the Police Chief. Other
workshops, seminars, conferences and similar activities not identifiable as a formal
course of instruction within the curriculum of a recognized educational institution do
not fall within the purview of this program but may be authorized and funded by the
Police Department with prior approval of the Police Chief.
17
55A-27
7.3 Reimbursement (updated effective July 1, 2019).
A. Reimbursement will be based on the cost of tuition or registration fees and all
required texts and related material for each course. Additional expenses such as
meals and parking fees are not reimbursable. If, however, an employee is required by
the Police Chief to attend a particular course or seminar, the expense shall be home
entirely by the Department.
B. Costs for required textbooks are eligible for one hundred percent (100%)
reimbursement subject to the following conditions:
That a duplicate of the required textbook(s) was unavailable for loan from the
Department library prior to the commencement of cwursework; and
2. That any textbook(s) purchased by the City shall be submitted to the employee's
Departmental library in order that such textbook(s) maybe made available to all
employees.
C. Tuition and registration costs are eligible for one hundred percent (100%)
reimbursemeatup to a maximum total of two thousand dollars ($2,000) per fiscalyear
(including non-P.O.S.T. reimbursable courses and approved non -collegiate seminar
training courses).
Reimbursement for non -collegiate seminar training courses require the prior approval
of the Police Chief and shall be limited to two (2) such courses per year and a
maximum of $500 per course.
7.4 Procedures.
A. An employee who desires to seek tuition reimbursement under the provisions of this
Article must complete, in duplicate, an Application for Training and Educational
Assistance form and submit it to the Police Chief.
B. The Police Chief will recommend approval or disapproval and forward the
application to the Human Resources Department.
C. The Executive Director of Human Resources will approve or disapprove the
application for the City. One (1) copy will be returned to the employee and the
duplicate will be retained by the Human Resources Department. It is advisable that
the applicant accomplish the procedure so far described prior to the inception of the
course or disbursement of personal funds in order to ascertain the eligibility of the
intended course of instruction for reimbursement under the provisions of this policy.
18
55A-28
D. The employee will submit his or her copy of the approved application to the Human
Resources Department within three (3) months after he or she has completed the
course and received his or her final grade with appropriate receipts for tuition and
textbook costs. These will be returned to the employee upon request. Applications
not submitted to the Human Resources Department within three (3) months following
completion of the course become void.
E. Upon receipt of the application and required documentation, the Executive Director
of Human Resources will compute the amount of reimbursement, authenticate the
application and forward it to the Police Chief.
F. The Police Chief will then authorize the Finance and Management Services
Department to reimburse the employee the approved amount out of the budget of the
Police Department.
19
55A-29
ARTICLE VHI
8.0 OVERTIME
8.1 Compensation for Overtime. Employees in any of the designated classes of employment
listed in this MOU are not eligible for monetary compensation for overtime work or for
compensatory time off with pay for overtime work, unless so required by the Fair Labor
Standards Act, or any other State or Federal laws.
pill
55A-30
ARTICLE IX
9.0 HOLIDAYS
9.1 Legal Holidays observed by full-time permanent and probationary employees of the City of
Santa Ana are as follows:
o January 1" -New Year's Day
o Third (3'a) Monday in January - In observance of Martin Luther King, Jr's Birthday
o Third (31") Monday in February - In observance of Presidents' Day
o March 3181— In observance of Cesar Chavez Day (Effective January 1, 2020)
o Last Monday in May - In commemoration of Memorial Day
o July 41h - In observance of Independence Day
o First (11) Monday of September - In observance of Labor Day
o November I Vb - In observance of Veteran's Day
o Fourth (4`h) Thursday in November - In observance of Thanksgiving Day
o The Friday immediately following Thanksgiving Day
o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in
which instance, the day following Christmas Day shall be observed in lieu thereof.
o December 25 h - In observance of Christmas Day
o One (1) Floating Holiday - Any workday selected by the employee with prior
permission of the employee's supervisor.
o Every day proclaimed by the Mayor of the City as a holiday for City employees. Any
holiday which falls on a Sunday will be observed on the following Monday. Any
holiday which falls on a Saturday will be observed on the Friday preceding the
holiday.
9.2 Full-time permanent and probationary employees covered by this MOU shall be entitled to
receive twelve (12) working days off, eight (8) hours per day, during the calendar year in lieu
of the holiday benefits specified in Section 9.1, supra. Therefore, employees with alternative
21
55A-31
work schedules shall be credited with ninety-six (96) hours ofHolidayTime at the beginning
of every calendar year in lieu of twelve (12) holidays in the year.
Effective January 1, 2020, Full-time permanent and probationary employees covered bythis
MOU shall be entitled to receive thirteen (13) working days off, eight (8) hours per day,
during the calendar year in lieu of the holiday benefits specified in Section 9.1, supra.
Therefore, employees with alternative work schedules shall be credited with 104 hours of
Holiday Time at the beginning of every calendar year in lieu of thirteen (13) holidays in the
year.
For purposes of computing holiday accruals, an eight (8) hour day shall be the basis for
computation.
Said substitute holidays may be taken at any time during the calendar year with prior
permission of the employee's supervisor and subject to the operational needs of the
Department. However, if an employee who separates from the service of the City has taken
time off for holidays in advance of the date or day the holidays actually occur, he or she must
pay the City the cash value for such used but unearned holiday time offbenefits prior to or at
the time of separation.
9.3 A employee must actually work at least one (1) day preceding the day a holiday listed in
Section 9.1, supra, actually occurs in order to receive credit for such holiday during the
month in which it occurs.
An employee separating from the service of the City must.actually work at least one (1) day
following the day a holiday listed in Section 9.1, supra, actually occurs in order to receive
compensation for the holiday.
A newly appointed employee must complete six (6) months of continuous full-time service in
order to receive credit for the Floating Holiday listed in Section 9.1 above.
9.4 Holiday time off may be taken in 30-minute increments.
9.5 Holiday benefits may not be carried over from one (1) calendar year to the next.
9.6 Leave Cash Option. Employees covered by this MOU may cash out a combination of
holiday, vacation, and management vacation leaves, up to a maximum of 260 hours in a
calendar year.
A. Holiday Leave: Employees may receive cash compensation, computed on a straight
time basis, up to a maximum of eighty (80) hours of their holiday leave benefits,
including the floating holiday, set forth in Section 9.2 above,
22
55A-32
B. Vacation Leave:
1. Employees may receive cash compensation, computed on a straight time basis, for up
to a maximum of 150 hours of earned, unused vacation leave benefits, set forth in
Sections 10.2D herein.
2. Effective December 31, 2019, "must -use" vacation earned in the current calendar
year over the max carry-over limit will be cashed out as specified in Article 10.2 C 2
and 3. This requires an employee to take at a minimum eighty (80) hours of vacation
leave within the calendar year in order to receive cash out of max carry over hours. If
employee does not take eighty (80) hours of vacation leave in the calendar year, the
employee will not receive cash -out or carry-over into next calendar year as indicated
in Section 10.2 C.2.
C. Management Vacation Leave: Employees may receive cash compensation, computed
on a straight time basis, up to a maximum of 150 hours of earned, unused
management vacation leave benefits, set forth in Section 10.3 herein. Employees
covered by this MOU shall accrue 100 hours of management vacation per year.
Such cash option may be eliminated or modified to the extent it is construed as
overtime under Department of Labor Guidelines implementing provisions of the Fair
Labor Standards Act.
D. Association members who notify the City, in writing, of their intent to retire within
12 calendar months shall be allowed to cash out any and all eligible leave bank
balances, including sick leave, upon request. Employees shall receive payment as
soon as practical, and no longer than 30 days after the request has been made. If an
employee cashes out his or her eligible leave bank balances prior to retirement and
subsequently remains employed one year after their initial notice of intent to retire,
said employee shall be ineligible to accrue 100 hours of management vacation the
next calendar year.
23
55A-33
!U VACATION
m! Purpos .#gthe policy oftbCity »grant employees vacation mwaord cmprovide
Um with abreak Btheir regular work schedule and this purpose will & used aaguide in
tbadministration ethe provisions oftEArti.
!a2 Vacation.
A. Effective January %»IRthregular and longevity vacation accruals 2bargaining
unit members were combined into one singlevacation bank. The accrual rates
remained the ,_e. Membersshall acc _ U combined vac:with pay ma
monthly basis _ a 5+ in the following table.
Completed
Years
Annual
Vacation
Accrued
dMonthly:
02 c
w
!
15
2
!2
,
12
o /
4
12
o d
s
12
POW
6
Ig
7
128
±
a
132
mho y
9
136
AT Z
g
140
#
I#
Q
!#
t q
g
152
a
15
n
e
!m
»
18
0n d
r
176
2\ 6 «
a
!N
' 33
g
16
: 16 00
k or more
2nn
� }e6ta
B. Vacation time off may&taken Eincrements esmall as one m b# with
fractional usage rounded upward » the next higher multiple eone O«
e
SSA- 4
C. Computing Regular 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 one (1) additional day of
vacation shall be allowed to the employee. Should an employee be confined to a
hospital for sickness or injury while on authorized vacation, each full day of such
confinement, when confirmed by a physician's statement and approval of the Police
Chief, may be deducted from the computation of vacation expended and charged
against the employee's accumulated sick leave.
2. No employee may carry over from one (1) calendar year to the next, more than the
maximum vacation carryover as set forth in the following table. Beginning December
31, 2019, and each December 311t thereafter, any vacation not used beyond the
maximum carryover amount from the current calendar year will be cashed out at the
employee's base rate of pay by the City at the end of the current calendar year
provided that the employee takes a minimum of eighty (80) hours of accrued vacation
leave time off in that calendar year.
3. Any employee that does not take a minimum of eighty (80) hours of vacation leave
hours during the calendar year beyond the maximum carryover amount as described
in this section 10.2.C.2., the hours beyond the maximum carry over amount from year
to year will be forfeited, meaning that no pay shall be received for such unused
vacation at any time. This provision constitutes a waiver of any rights to vested
vacation benefits under California Labor Code section 227.3.
Completed
Years
Max
Carryover
1
120
2
240
3
240
4
240
5
240
6
244
7
252
8
260
9
268
10
276
11
284
12
292
25
55A-35
13
300
14
308
15
316
16
328
17
344
18
360
19
376
20
392
21
400
22
400
23
400
24
400
25
400
4. Employees may or may not be allowed or required to accumulate or split
vacations. The time at which an employee shall take his or her vacation shall be
determined by seniority within rank, with due regard for the needs of the service.
For purposes of computing vacation accruals, an eight (8) hour day shall be the basis for
computation.
D. Leave Cash Options. Refer to Section 9.6.B.1-2 of this MOU for details.
10.3 Management Vacation Benefit. All employees covered by this MOU will be granted one
hundred (100) hours of management vacation per calendar year over the vacation schedules.
Employees may accrue a maximum of 480 hours of such Management Vacation.
10.4 Effect of Extended Sick Leave on Vacation Accrual. An employee that is absent on paid sick
leave or unpaid leave for aperiod of time greater than fifteen (15) consecutive calendar days
in any one (1) calendar month shall not accrue vacation credits during that month.
CO,
55A-36
ARTICLE XI
11.0 OTHER LEAVES OF ABSENCE
11.1 Sick Leave,
A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean
absence from duty of an employee because of illness or injury that prevents the
employee from performing the duties of his or her position, and shall be deemed to
include time in quarantine resulting from exposure to a contagious disease.
B. Accrual. Each employee shall be entitled to, and shall earn, eight (8) hours of sick
leave for each full calendar month of service in which he is employed by the City
with full pay; provided, however, any absence on sick leave for a period of 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, an employee on leave of absence for service -connected illness or injury
who is covered by the provisions of Labor Code Section 4850, shall continue to
accumulate eight (8) hours of sick leave for each full calendar month of service for
which he or she is employed by the City with full pay during said absence for service -
connected Illness or injury. For purposes of computing sick leave accruals, an eight
(8) hour day shall be the basis for computation.
C. Authorized Only When Necessary. Sick leave is not a right which an employee may
use at his or her discretion, but shall be allowed only in cases of necessity and actual
sickness or disability, or as authorized in Subsection I below.
When an accepted industrial illness or injury has caused a non -sworn employee's
absence, for which benefits are required under the State Workers' Compensation
Insurance and Safety Act, paid sick leave will be allowed such employee during the
first three (3) days of the statutory waiting period. If the workers, compensation
related illness or injury continues past the initial three (3) consecutive days, the
employee will have the three (3) used sick days recredited to his or her account. Paid
sick leave will continue until the fourth (4a) day when the City pays the employee
workers' compensation benefits for such illness or injury. If the employee does not
have sufficient accumulated sick leave at the commencement of such industrial
illness or injury, they will be advanced sick leave for this purpose. Subsequently, the
City will deduct an equal amount previously advanced from any sick leave accrued
by the employee until the total amount is recovered. If the employee terminates
before recovery of all advanced sick leave, the City will deduct the umecovered cost
of sick leave from such terminated employee's final paycheck, to the extent possible.
27
55A-37
The Citymay authorize employees to use sick leave, vacation, or compensatory time
for approved workers' compensation medical appointments as specified herein. The
City may authorize use of such leave for City approved medical appointments
whenever such appointments cannot be secured outside the employee's regular
workday, and salary continuation or workers' compensation benefits are not
available.
D. Limit. The maximum total accumulation of sick leave with pay shall be 2,000 hours.
Sick leave usage of less than a full day shall be charged in minimum increments of
one (1) hour, with fractional usage rounded upward to the next higher multiple of one
(1).
E. Extended. The City Manager may grant leave up to six (6) months without pay to an
employee who has exhausted all of his accrued sick leave if a licensed physician
indicates that the employee will be sufficiently recovered to return to his employment
within a six (6) month period. Prior to the expiration of the additional time, the
employee may return to his position provided that the employee has a certificate from
a licensed physician stating that the employee is able to perform all the duties of his
position without qualification. In addition to the above, the City Manager may grant
a further extension not to exceed a total of one (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
as establishedby the Police Department regulations. When the absence is more than
three (3) consecutive working days, the employee must present to the Police Chief a
physician's certificate stating that, in the physician's opinion, the employee could not
report to work because of such illness or injury and that the employee is sufficiently
recovered to safely return to work. Such certificate shall be transmitted to the Human
Resources Department with the report of the employee's return to work.
A physician's certificate or other satisfactory written evidence of actual illness or
injury may be required after an absence of any duration less than three (3) days.
H. Denial. No employee shall be entitled to sick leave with pay while absent from duty
because of sickness or injury purposely self-inflicted or caused by 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.
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Excess Usage. If sick leave is used in excess of that due and available to an
employee, such excess sick leave will, first, be deducted from any available vacation
leave benefit; finally, deducted from the next scheduled salary payment.
Personal Necessity Leave. Each employee shall be afforded the opportunity to use up
to 48 hours of sick leave per calendar year, on a non -cumulative basis, as personal
necessity leave. All of this personal necessity leave may be used to attend to an
illness of a child, parent, spouse, or registered domestic partner of the employee. As
used in this section, a child means a biological, foster, or adopted child, a stepchild, a
legal ward, or a child of a person standing in loco parentis; and a parent means a
biological, foster, adoptive parent, a stepparent, or a legal guardian of an employee or
the employee's spouse or registered domestic partner, or aperson who stood in loco
parentis when the employee was a minor child. This section also applies to the
employee's grandparent, grandchild, or sibling.
California's Healthy Workplaces/Healthy Families Act of 2014 (AB1522) also
known as California's Paid Sick Leave Law, required the City to provide paid sick
leave to eligible employees upon oral or written request, within the parameters of the
law, for the following purposes:
• Diagnosis, care, or treatment of an existing health condition of, or
preventative care for an employee or an employee's qualified family member;
• Specified purposes for an employee who is a victim or domestic violence,
sexual assault, or stalking.
Up to three (3) days of this personal necessity leave maybe used: (a) to attend to a
serious accident to members of the employee's immediate family; (b) childbirth; (c)
to cope with imminent danger to the employee's home or other valuable property; or
(d) when the existence of external circumstances beyond the employee's control
make it impractical for him or her to report for duty. For the purposes of this section
only, a "day" shall be defined as the number of hours of work that an employee is
required to work according to his or her specific workday schedule.
K. Payment for Unused Sick Leave. (effective upon adoption of this NIOU).
Payment criteria and limitations.
Upon non -disciplinary termination of employment after ten (10) years of cumulative
full-time service with the City, each qualified employee shall be entitled to the
following cash out provisions below:
a. After ten (10) years, but less than 15 years of service, the employee shall
be entitled to 50% of the amount ofunused sick leave benefits credited to
his or her Retirement Health Savings (RHS) account upon the effective
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date of separation, not to exceed a maximum limit of 640 hours.
b. After fifteen (15) years, but less than 20 years of service, the employee
shall be entitled to 50% of unused sick leave benefits credited to his or
her Retirement Health Savings (RHS) account upon the effective date of
separation, not to exceed a maximum limit of 800 hours.
c. After twenty (20) years, but less than 25 years of service, the employee
shall be entitled to 66.67% of unused sick leave benefits credited to his or
her Retirement Health Savings (RHS) account upon the effective date of
separation, not to exceed a maximum limit of 1,067 hours.
d. After twenty-five (25) years of service or more, the employee shall be
entitled to 100% of the amount of unused sick leave benefits credited to
his or her Retirement Health Savings (RHS) account upon the effective
date of separation, not to exceed a maximum limit of 1,600 hours.
2. A lump sum payment shall be made to the beneficiaries of any eligible
employee whose death occurs while such employee is an active employee ofthe City,
such payment to be in the amount of two-thirds (2/3) of the total sick leave benefit
credited to the employee's account at the time of his or her death, and at the rate of
pay effective on the date of the death.
11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of
pay in case of death of a member of the employee's immediate family. For purposes of this
Section only, a "day" shall be defined as the number of hours of work that an employee is
required to work according to his/her specific workday schedule. Such leave is designated as
bereavement leave. "Immediate family" as used in this section is limited to:
A. Any relative by blood or marriage who is a member of the employee's household;
B. A parent, parent -in-law, spouse, child, brother, sister, grandparent or grandchild of
the employee, regardless of residence;
C. Any other relative of the employee by blood or marriage where it can be established
by the employee that as a result of such relative's death, the employee's presence is
required.
11.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave if
he or she furnishes the Executive Director of Human Resources satisfactory proof of
his or her order to report for duty. Upon return and upon showing of proof of actual
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service pursuant to such orders, he or she will be reinstated as provided in Section 9-
143 of the Civil Service Rules and Regulations of the City of Santa Ana.
B. Temporary. Members of the reserve forces of the United States or the National
Guard, granted temporary leave when ordered to duty, in accordance with the
Military and Veterans Code, will be granted leave with pay not to exceed thirty (30)
working days in each calendar year after one (1) years' service with the City upon
presenting satisfactory proof of orders to and from such temporary active duties.
11.4 Jury and Witness Leave. When an on -duty employee is called to serve as a juror or witness
in any court action, he or she shall be allowed to leave for the time actually required for such
service without loss of pay. Each on -duty employee called for such service shall present to
the Police Chief for examination the subpoena calling him or her to such service and shall
pay into the City Treasury the fees collected for such service, with the exception of
reimbursement for transportation expenses, if any.
11.5 Examination Leave. Employees participating in examinations conducted during their normal
working hours for positions in the competitive service of the City of Santa Ana will be
granted leave with pay for the time actually required without loss of any accrued vacation
time off benefits.
11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be
considered cause for dismissal.
11.7 Authorized Absence Without Pay - Short Term. Absence without pay, not to exceed five (5)
consecutive worldngdays, maybe authorized bythe Police Chief Absence without pay, not
to exceed fifteen (15) calendar days, maybe authorized by the Department with the approval
of the City Manager. Such an absence may be authorized only if, in the judgment of the
Police Chief, it serves the best interest of the City.
11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an
employee having permanent status plus actionbythe Police Chief recommending approval of
the request, the City Manager may grant a leave of absence without pay for up to six (6)
months.
An employee returning to duty with the City shall inform the Police Chief and the Executive
Director ofHuman Resources of his or her intention at least thirty (30) calendar days prior to
the expiration of the six (6) months period or a shorter period of the full six (6) months if not
taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the
employee to his or her former position.
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11.9 Industrial Leave.
A. Each "safety member" employee covered by the provisions of Labor Code Section
4850 who is compelled to be absent from dutybecause of anillness or injurycovered
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. Anyperiod of time during which an employee is required to be absent from bis 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 abreak in continuous service
for the purpose of his or her right to salary adjustments or to the accrual of vacation,
seniority and any other benefits.
11.10 Administrative Leave Policy. The City Manager is authorized to grant, at his or her
discretion, paid or unpaid administrative leave for employees covered by this MOU.
11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of catastrophic non -industrial medical
condition or injury, the City and Association agree to implement a Catastrophic Leave
Donation procedure.
Nothing herein shall be construed to alter City policies and procedures as provided in the
Charter or ordinances of the City of Santa Ana or other provisions of this MOU with regard
to granting unpaid leaves of absence.
The Catastrophic Leave benefit will be provided for non -industrial injury or sickness only.
The leave shall cover the uncompensated time prior to the employee becoming eligible for
Long Term Disability (L.T.D). benefits.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
Employees may donate vacation or compensatory time or one in lieu holiday
to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two -week period to submit donations.
Donations received after this two -week period shall not be processed. The
two -week period for each case shall be designated by the Police Chief or his
designee as provided herein below.
3. Donations shall be for a minimum of two (2) hours and a maximum of eight
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(8) hours per donor. All donations must be made in two (2) hour increments,
except in lieu holidays must be for eight (8) hours.
4. Any authorization of donations not made in accordance with the procedures
outlined in Section C, subparagraph 2 below, will not be processed.
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave.
B. Eligibili Regular, full-time employees shall be eligible for Catastrophic Leave
donations if the following criteria are met:
When it is reasonably foreseeable that all accrued time on the books, such as
sick leave, compensatory time, vacation, and in lieu holidays, will be
exhausted and the employee's illness will continue past the time when the
employee will be on paid status.
2. The Police Chief or his/her designee has approved a written request for
donations accompanied by a medical statement from the employee's
attending physician. The attending physician's statement must verify the
employee's need for an extended medical leave and an estimate of the time
the employee will be unable to work.
C. Procedure.
Upon receipt of a valid request for donations from an eligible employee, the Police
Chief or his or her designee shall post a notice of the eligible employee's need for
donations on bulletin boards accessible to employees. No confidential medical
information shall be included in the posted notice.
Employees wishing to donate time to an eligible employee must sign his or her
authorization of the transfer of such donated time and provide:
His/her name, department name, and employee number.
2. The number of hours of compensatory or vacation time of the
donation within the limitations of Section A, subparagraph 3 above.
3. The name, department and employee number of the recipient.
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4. A statement indicating that the donor understands such donation of
time is irrevocable.
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ARTICLE XII
12.0 EMPLOYEE INSURANCE
12.1 Health Insurance. The City shall contribute an allowance towards the employee's
Cafeteria Benefit plan for health insurance premiums for affected employees and their
dependents under The Public Employees' Medical & Hospital Care Act (PEMHCA) which
governs the California Public Employees' Retirement System (CalPERS) Health Insurance
Programs pursuant to the provisions below.
A. The City will provide a monthly contribution to health insurance premiums at the
following rates:
• Employee Only $654.00
• Employee+l $1,307.00
• Employee + Family $1,700.00
B. Any contribution necessary to maintain benefits under any health insurance program
provided by the City for its employees and their eligible dependents in excess of the
amount of the City contribution to the Cafeteria Benefit Plan specified above shall be
borne entirely by the employee.
C. For each such employee who is covered under a spouse's non -City sponsored health
plan, the City will pay the employee a cash -in -lieu payment (subject to taxation as
wages) each month in an amount equal to one hundred percent (100%) of the
monthly premium amount for the City's lowest "employee -only" coverage, if said
employee waives, in writing, City -paid coverage. If an employee waives City
provided coverage, said employee shall provide proof of medical insurance coverage
in anon -City -sponsored health plan. Said waiver shall include a provision warning
such employee that reentry into any of the City -sponsored plans is allowed only at
open enrollment, unless there is a qualifying event, and may require proof of
insurability for such employee and/or family.
12.2 Dental Insurance. The City agrees to contribute towards the Cafeteria Benefit Plan the
payment ofpremiums for dental insurance plans provided by the City for employees covered
by this MOU and their eligible dependents on the following basis:
A. One hundred percent (100%) of the premium cost for "employee -only" coverage.
B. Up to one hundred ten dollars ($110) permonthper employee for "family" coverage.
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Any contribution necessary to maintain benefits under said dental plans in excess of the
amount of the City contribution to the cafeteria plan specified above shall be borne entirely
by the employee.
For each such employee who is covered under a spouse's non -City sponsored dental plan, the
City will pay the employee a cash -in -lieu payment (subject to taxation as wages) each month
in an amount equal to one -hundred percent (100%) of the City's contribution, if the
employee waives, in writing, City -paid coverage. Such waiver shall include a provision
warning such employee that reentry into any City -sponsored plan is allowed only at open
enrollment, unless there is a qualifying event, and mayrequire proof of insurabilityfor such
employee and/or family.
12.3 Disability Insurance. The City shall continue to pay one hundred percent (100%) of the
premium cost for a long term disability insurance plan for employees covered by this MOU
as said plan. Effective January 1, 2020, Police Management employees covered by this MOU
shall receive a monthly benefit of sixty-six and two-thirds percent (66 2/3%) of their base
monthly salary (to a maximum monthly benefit of $7,500).
12.4 Life Insurance. The City shall continue to pay one hundred percent (100%) of the premium
cost for term life insurance coverage under the policy it maintains on behalf of its officers
and employees in order to provide employees covered by this MOU with life insurance
coverage in an amount equal to twice such employee's annual rate of salary to a maximum of
three hundred thousand dollars ($300,000), provided said affected employees can provide
evidence of insurability of coverage above one hundred fifty thousand dollars ($150,000) if
so required by the terms and conditions of said tern life insurance policy.
In the event any such employee is determined to be ineligible for said insurance coverage, the
City will attempt to provide as much coverage as may be obtained at reasonable cost without
having to provide evidence of insurability.
12.5 The City shall retain the right to change health, dental and life insurance carriers, administer
the insurance benefits provided thereunder, and select and/or change any excess or
supplemental insurance carriers as a part of any self-insurance plan during the term of this
MOU, provided that employees covered by this MOU continue to receive equivalentbenefits
and provided that the parties have met and conferred before the changes have been made.
12.6 Cafeteria Benefit Plan. The City provides a Cafeteria Benefit Plan adopted in accordance
with the provisions of Internal Revenue Code § 125 for employees covered by this MOU.
Affected employees will be eligible to receive cash (subject to taxation as wages) through the
Cafeteria Benefit Plan if they either opt -out ofreceiving one of the optional benefits provided
through the plan or if they choose optional benefits that do not cost as much as the maximum
dollar amount they have received through the plan.
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If two City employees are married, at least one of the two employees must maintain
insurance coverage, The amount of money that can be redesignated by the employee waiving
coverage is limited to the value of the "employee -only" level within each type of insurance.
In the event the City experiences an adverse impact in rates due to utilization of the
redesignation option, the City and PMA agree to meet and confer over the impact.
12.7 Medical Retirement Subsidy Plan. The City provides the "Vantage Care" Retirement Health
Savings Plan ("RHS"), which designated ICMA-RC as the administrator of the plan.
A. The City shall contribute two and three-quarter percent (2.75%) of base salary, plus
pay additives. Effective July 1, 2019, the City shall contribute four (4%) percent of
base salary, plus pay additives each pay period into the individual accounts of
Association members established with the City's plan administrator ICMA-RC.
Employees covered by this MOU shall continue to contribute one half of one
percent (.50%) of base salary, plus pay additives, each pay period into their
individual RHS accounts established with plan administrator ICMA-RC.
2. In addition to the contributions referenced above, an Association member
may contribute unused sick leave, vacation, and other benefits to the trust as
defined by the plan guidelines.
3. The program is not intended to create any form of lifetime insurance subsidy,
benefit or entitlement.
12.8 Vision Insurance. The City shall maintain in effect its existing vision care plan through
EyeMed, for employees covered by this MOU. This plan is voluntary on behalf of the
employee and shall be fully funded by the participating employee.
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ARTICLE XIH
13.0 RESERVED
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ARTICLE XIV
1[�:_ I: u ►
14.1 General. The terms of the existing contract between the City and California Public
Employees' Retirement System (CalPERS) governing the City retirement benefits of
employees covered by this MOU are incorporated by reference herein, The City shall
continue to make contributions to CalPERS in accordance with its contract with CalPERS for
employees covered by said contract as amended.
14.2 Deferred Retirement. The City will continue to make payment to CalPERS onbehalf of each
affected employee, in an amount necessary to pay one hundred percent (100%) of his or her
individual employee retirement contribution. Such payments shall be credited to the
individual employee's CalPERS account.
Such payments are not increases in base salary and no salary rate ranges 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, and not ordinary income.
For thepurpose ofreporting an employee's compensation to CalPERS, the City shall include
these payments as if they were part of the employee's base salary.
In the event that the City receives a ruling from the Internal Revenue Service that such
payments are ordinary income of the employees instead of deferred compensation, the City's
obligation to make such payments shall discontinue and in place thereof the base salary of
each said employee shall forthwith be increased by eighteen (18) salary rate ranges
(approximately 9%) for "safety member" employees covered under the 3% at age 50
CalPERS formula and sixteen (16) salary rate ranges (approximately 8%) for all
"miscellaneous member" employees covered under the 2.7% at age 55 CalPERS Formula.
14.3 1959 Survivor's Benefit. The City shall provide CalPERS fourth level of 1959 Survivor's
Benefits to all eligible employees in the unit.
14.4 Pre -Retirement Optional Settlement 2 Death Benefit. The City shall provide the Pre -
Retirement Optional Settlement 2 Death Benefit to all employees covered by this MOU.
14.5 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees
to continue to provide Classic Miscellaneous employees covered by this MOU who are
defined as Classic Members under the California Public Employees' Pension Reform Act
(PEPRA) of 2013 with the 2.7% at 55 Service Retirement benefit.
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Payment of 2.7% at 55 Service Retirement Benefit. Classic Miscellaneous employees
covered by this MOU shall pay eight percent (8%) of CalPERS reportable compensation
toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment shall
be implemented as cost -sharing pursuant to Government Code section 20516(f),
Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations, this eight percent (8%) employee contribution shall be implemented through
payroll deductions on a pre-tax basis.
2% at 62 Retirement Benefit for New Miscellaneous Members. The City agrees to provide
Miscellaneous employees covered by this MOU who are defined as New Members under
PEPRA, with the 2% at 62 Service Retirement benefit.
The California Public Employees' Pension Reform Act (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 for New Miscellaneous Members will be based on the highest annual
average compensation earnable during a period of at least thirty-six (36) consecutive months
preceding the effective date of his or her retirement per Government Code Section 7522.32.
Effective July 1, 2013, employees covered under the 2% at 62 retirement formula for
Miscellaneous shall pay one half of the normal cost rate, as established by CalPERS.
14.6 3% at 50 Service Retirement Benefit for Classic Safety Members. The City agrees to
continue to provide Classic Safety employees covered by this MOU who are defined as
Classic Members under the California Public Employees' Pension Reform Act (PEPRA)
with the 3% at 50 Service Retirement benefit.
Payment of 3% at 50 Service Retirement Benefit. Effective January 1, 2018, Classic Safety
employees covered by this MOU shall pay twelve percent (12%) of CalPERS reportable
compensation toward the employer cost of the 3% at 50 enhanced retirement formula. This
payment shall be implemented as cost -sharing pursuant to Government Code Section
205 t 6(o.
Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service
regulations this twelve -percent (12%) employee contribution shall be implemented through
payroll deduction on a pre-tax basis.
2.7% na 57 Retirement Benefit for New Safety Members. The City agrees to provide Safety
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employees covered by this MOU who are defined as New Members under PEPRA with the
2.7% @ 57 Service Retirement benefit.
The California Public Employee's Pension Reform Act (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 for New Safety Members will be based on the highest annual average
compensation eamable during a period of at least 36 consecutive months preceding the
effective date of his or her retirement. per Government Code Section 7522.32.
Effective July 1, 2013, employees covered under the 2.7% @ 57 retirement formula for
Safety shall pay one half of the normal cost rate, as established by CalPERS.
14.7 Military Service Credit as Public Service. "Safety" employees and "miscellaneous"
employees 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 per Government
Code Section 21024.
14.8 Credit for Unused Sick Leave at Retirement. All sworn and non -sworn employees covered
by this MOU can have unused accumulated sick leave at the time of retirement converted to
additional service credit at the rate of 0.004 years of service credit for each day, eight (8)
hours per day, ofunused sick leave (i.e., 200 days of sick leave equals .80 additional years of
service credit), pursuant to regulations prescribed by PERS. Effective upon adoption of this
MOU, the maximum total unused sick leave that can be converted shall be two -hundred fifty
days (250) eight (8) hours working days equal to two thousand (2000) hours. Any
accumulated sick leave in excess of 2000 hours shall be forfeited. 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 ofretirement is within
four (4) months or 120 days of separation from employment. (Government Code Section
20965)
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ARTICLE XV
15.0 TECHNOLOGY STIPEND
15.1 The City shall provide a $75 a month Electronic Device Stipend ("Stipend") for those
Association employees whose positions require the regular use of a cell phone and/or tablet
and who choose to use their own personal devices for business -related conversations and
activities. These employees may be eligible to receive a Stipend to compensate for business -
related costs incurred while using their individually -owned electronic devices. Eligibility for
the stipend requires the employee to return to the City any City issued electronic device for
which the employee will be substituting his or her personal device.
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ARTICLE XVI
16.0 EXPANDED RESIDENCY
16.1 The City shall continue to permit employees covered by this MOU to reside outside the
limits of Orange County, so long as such residency is not an unreasonable distance nor
requires an unreasonable response time to the particular employee's place of employment.
Any affected employee who desires to take advantage of the opportunity to reside outside of
Orange County shall fast request permission to do so from the Police Chief. Said request
shall be granted by the Police Chief if it is determined that the intended residence is not an
unreasonable distance nor requires an unreasonable response time to the employee's place of
employment.
Should the Police Chief refuse any such request, the employee shall have the right to appeal
said determination to the City Manager for reconsideration.
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ARTICLE XVII
17.0 CONTROLLED PARKING AND TAKE HOME VEHICLE PRIVILEGES
17.1 Parkins. The City shall provide non -sworn employees covered by this MOU with free
panting for personal vehicles during on -duty hours in controlled parking facilities in the
Civic Center area.
17.2 Take Home Vehicle. All employees in the classifications of Deputy Chief of Police and
Police Commander shall receive a City -owned and maintained vehicle for traveling between
the employee's residence and the Police Department or other business -related location, as
necessary in the performance of his or her duties.
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"MAOCNOWVI111
18.0 DISCIPLINE
18.1 An employee covered by this MOU may only be disciplined in accordance with the standards
and procedures and subjects to all rights of appeal set forth in Section 1000d of the City
Charter and Municipal Code Sections 9-9, 9-10, 9-118.1 et. seq.
18.2 In addition, anew 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 ofhis position, less any compensation paid to him bythe
City during such ordered absence.
B. In the event an employee is reduced, suspended, and/or discharged, and upon appeal
the City Manager, Personnel Board or a court of competent jurisdiction does not
sustain such reduction, suspension, and/or discharge, the employee shall be entitled
to his base rate of salary including all additives, vacation, and sick leave as if such
unsustained reduction, suspension, or discharge had not been invoked. However, in
no event shall an employee be entitled to any salary credit for vacation and sick leave
for any period of time covered by a suspension sustained on appeal or for any period
of time waived by the employee as a condition to the granting of a continuance of any
hearing on appeal.
C. If, during an absence for which an employee is paid pursuant to this Section, he
earned any money which he would not have earned had he continued to perform the
duties of his position, such sum shall be deducted from the salary otherwise payable
to him pursuant to this Section.
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ARTICLE XDC
19.0 GRIEVANCE REVIEW PROCEDURE
19.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an
employee or group of employees of the Association concerning the interpretation or
application of specific provisions of this 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 Personnel Board by those provisions of the
City Charter and the Civil Service Rules and Regulations.
No employee shall suffer any reprisal because of filing or processing of a grievance or
participation in the Grievance Review Procedure.
19.2 Informal Process.
A. An employee must first attempt to resolve the grievance on an informal basis through
discussion with his or her immediate supervisor without undue delay, but in no case,
beyond a period often (10) calendar days after the occurrence of the alleged incident
giving rise to the grievance, or when the grievant knew or should have reasonably
become aware of the facts given rise to the grievance.
B. Every effort shall be made to find an acceptable solution to the grievance through this
informal means at the most immediate level of supervision.
C. In order that this informal procedure maybe responsive, both parties involved shall
expedite this process. If, within five (5) working days, amutually acceptable solution
has not been reached at the informal level, the employee and/or the employee's
designated representative shall then set forth the grievance in writing, indicate the
nature of the action desired, sign it, and submit it to the Police Chief. At this point,
the grievance review process becomes formal. Should the grievant and/or his or her
designated representative fail to file a written grievance, and in the manner specified
above, within ten (10) working days after first discussing the grievance with the
employee's immediate supervisor, the grievance shall be barred and waived.
19.3 Formal Process,
A. If a grievance is not resolved through the informal process, and a written grievance is
filed within the time limits set forth above, the grievant's immediate supervisor shall
add his or her comments and any justification he or she considered proper, sign it,
and forward it to the Police Chief without undue delay or, in no case, more than ten
(10) calendar days,
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B. If the grievant files a written grievance to the Police Chief in the manner and within
the time limits specified, then a conference shall be held at the request of the
employee or the Police Chief.
C. Police Chief shall inform the employee of his or her action within ten (10) calendar
days of the conference referenced in subsection (B) above. The original of the
grievance form and the Chief s decision shall be filed in the Personnel Records of the
Department.
D. If no satisfactory settlement has been reached at the Department level, the employee
may, within ten (10) calendar days after being informed by the Police Chief of his or
her decision on the matter, and the reasons thereof, submit the grievance in writing to
the City Manager, or his or her duly authorized representative, for determination.
Failure of the grievant to take this action will constitute a waiver and bar to the
grievance, and the grievance will be considered settled on a basis of the Police
Chiefs response.
E. The City Manager or his or her duly authorized representative, after a careful review,
shall render a final decision on the merits of the grievance, in writing, and return it to
the grievant within thirty (30) calendar days after receiving the grievance. A copy of
the written grievance to the City Manager, or his or her duly authorized
representative, and of the City Manager's or his representative's written decision
shall be filed in the Personnel Records of the Department and the grievant's
personnel jacket maintained in the Human Resources Department.
F. After the procedures set forth in this Article have been exhausted, the grievant, the
Association, and the City shall have all rights and remedies to pursue said grievance
under the law.
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ARTICLE XX
20.0 DUES DEDUCTION AND INDEMNIFICATION
20.1 Dues Deduction, The City shall deduct dues, on a regular basis, from the pay of all
employees recognized to be represented by the Association, who voluntarily authorize such
deduction, in writing, on a form to be provided for this purpose by the City. The City shall
remit such funds to the Association within thirty (30) days following their deduction.
20.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City
against any claims, causes of action, or lawsuits instituted by a member or members of the
Association arising out of the deductions or transmittal of such funds to the Association,
except the intentional failure of the City to transmit, to the Association monies deducted
from the employees pursuant to this Article.
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ARTICLE XXI
21.0 CITY RIGHTS
21.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provision of this 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.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the workforce by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions
including but not limited to the right contract for or subcontract any work or
operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
To relieve employees from duties for lack of work or similar nondisciplinaryreason,
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
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accordance with the provisions set forth in the City Charter and Santa AnaMunicipal
Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for nondisciplinary reasons in
accordance with this MOU.
O. To determine policies, procedures and standards including, but not limited to, quality
and quantity standards and to require compliance therewith.
P. To establish employee performance standards including, but not limited to, quality
and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this MOU.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
21.2 Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the contemplated exercise of Management's
rights shall impact on a significant number of employees of the bargaining unit, the City
agrees to meet and confer in good faith with representatives 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 this MOU.
21.3 La offs. During the term of this MOU, the City agrees to meet and confer regarding both
the decision and the impact of layoffs to the ranks of Police Commander or Deputy Chief of
Police, respectively.
21.4 Transfer of Bargaining Unit Work. As required by the Meyers-Milias-Brown Act, the City
agrees to meet and confer prior to the implementation of said transfer as follows:
A. Transfer of bargaining unit work from an Association classification to a class not
represented by the Association; or
B. Transfer of work from a classification outside the Association to a classification
represented by the Association.
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ARTICLE XXII
22.1 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,
workout, slowdown, sick-out, or any other unlawful job action by withholding or
refusing to perform services.
B. Any employee who participates in any conduct prohibited in Subsection A above
shall be subject to suspension, demotion or dismissal by the appointing authority.
22.2 Association Responsibility. In the event that the Association, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Subsection A,
Section 22.1 above of this Article, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this MOU and unlawful, and
they must immediately cease engaging in the conduct prohibited and return to work.
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ARTICLE XXIH
23.0 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 ofunderstanding, 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.
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ARTICLE XXIV
24.0 WAIVER OF BARGAINING DURING THE TERM OF MOU
24.1 During the term of this MOU, the parties mutually agree that they will not seek to negotiate
or bargain with regard to wages, hours and terms of conditions of employment, whether or
not covered by this MOU or in the negotiations leading thereto, unless required by specific
provision 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.
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ARTICLE XXV
25.0 SEVERABILITY PROVISION
25.1 Should anyprovision of this MOU be found to be inoperative, void, or invalid by a court of
competent jurisdiction or by statue, 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.
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ARTICLE XXVI
26.0 TERM OF MOU
26.1 The term of this MOU shall be from July 1, 2018 through June 30, 2021.
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ARTICLE XXVII
27.0 RATIFICATION AND EXECUTION
27.1 The City and the Association have reached an understanding as to certain recommendations
to be made to the City Council for the City of Santa Ana and have agreed that the parties
hereto will jointly urge the City 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 MOU 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 MOU is hereby executed by the authorized representatives of
the City and the Association and entered into this 20' day of August, 2019.
CITY OF SANTA ANA, a Municipal
Corporation of the State of California
Dated: By:
MAYOR
Dated: By:
CITY MANAGER
Dated:
EXECUTIVE DIRECTOR OF HUMAN
RESOURCES
ATTEST:
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
A - P. ,,'&. Ah�'t ct glte�ne�
CITY ATTORNEY
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This 2018-2021 SAPMA Memorandum of Understanding has been ratified by the membership of
the Santa Ana Police Management Association.
Dated: By:
PRESIDENT, SANTA ANA POLICE
MANAGEMENT ASSOCIATION
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