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Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Memorandum of Understanding between the City of Santa Ana and the Santa
Ana Police Management Association
AGENDA TITLE:
Approve a Memorandum of Understanding Establishing the Terms and Conditions of
Employment for Classifications Represented by the Santa Ana Police Management
Association
RECOMMENDED ACTION
Authorize the City Manager to execute a Memorandum of Understanding with the Santa
Ana Police Management Association regarding wages, hours, and other terms and
conditions of employment effective January 1, 2022 through June 30, 2025, and
authorize non-substantive changes which may be necessary to implement the
agreement.
DISCUSSION
The City recently reached a tentative agreement with the Santa Ana Police
Management Association (“SAPMA”) on a three and one-half (3.5) year successor
Memorandum of Understanding effective January 1, 2022 through June 30, 2025. The
tentative agreement has been ratified by SAPMA membership. The major provisions of
the agreement include: salary increases of three percent (3%) effective the first pay
period following City Council approval of the MOU, three percent (3%) in July 2023, and
three percent (3%) in July 2024; adding Step E for non-sworn classifications;
recognizing the Cesar Chavez holiday; increasing medical and dental City contributions
to the same levels as other City management employees; and increasing medical City
contributions by fifty dollars ($50) per month in January 2024 and fifty dollars ($50) per
month in January 2025.
Other key terms of the agreement include: updated discipline and grievance processes;
acting pay language; bilingual pay recertification every three (3) years (for employees
who receive bilingual pay); reopener on salary matrix, pay periods, and merit/step
increases; reducing the number of unused sick leave hours that may be converted to
CalPERS service credit to eighty (80) for current employees and eliminating the option
Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police
Management Association
November 15, 2022
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to convert unused sick leave hours to CalPERS service credit for future employees;
modifying the maximum amount of sick leave that may be converted to employees’
retirement health savings accounts from one thousand six-hundred (1,600) hours to two
thousand (2,000) hours; new employees hired after City Council approval of the MOU
will (1) accrue a maximum of three hundred fifty-two (352) sick leave hours with any
accrued hours over the maximum would be cashed out into employees’ retirement
health savings accounts in January each year and (2) contribute one and one quarter
percent (1.25%) and the City will contribute one percent to a retirement health savings
account; and clarifying language on issues of employment.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The estimated annual cost of the agreement during the three and one-half (3.5) year
period is $152,606 for FY 2022-23, $428,920 for FY 2023-24, and $623,965 for FY
2024-25, for a total estimated cost of $1,205,491 to the General Fund.
The FY22-23 General Fund budget includes a set-aside for the additional cost of labor
negotiations with the Non-Departmental section of the budget. With the Midyear Budget
Report in February, staff will propose housekeeping adjustments to move portions of
that Non-Departmental budget to the affected department budgets within the General
Fund.
EXHIBIT(S)
1. Memorandum of Understanding between the City of Santa Ana and the Santa Ana
Police Management Association
Submitted By: Jason Motsick, Executive Director of Human Resources
Approved By: Kristine Ridge, City Manager
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
AND
SANTA ANA POLICE MANAGEMENT ASSOCIATION
REPRESENTATION UNIT
JANUARY 1, 2022 THROUGH JUNE 30, 2025
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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 6
ARTICLE V Assignment and Other Special Pay Additives 12
ARTICLE VI Educational Incentive Program 14
ARTICLE VII Training and Educational Assistance Program 17
ARTICLE VIII Overtime 20
ARTICLE IX Holidays 21
ARTICLE X Vacation 24
ARTICLE XI Other Leaves of Absence 27
ARTICLE XII Employee Insurance 35
ARTICLE XIII Deferred Compensation 39
ARTICLE XIV Retirement 40
ARTICLE XV Technology Stipend 43
ARTICLE XVI Expanded Residency 44
ARTICLE XVII Controlled Parking and Take Home Vehicle Privileges 45
ARTICLE XVIII Discipline 46
ARTICLE XIX Grievance Review Procedure 49
ARTICLE XX Dues Deduction and Indemnification 52
ARTICLE XXI City Rights 53
ARTICLE XXII Strikes and Work Stoppages 55
ARTICLE XXIII Sole and Entire Agreement 56
ARTICLE XXIV Waiver of Bargaining During the Term of MOU 57
ARTICLE XXV Severability Provision 58
ARTICLE XXVI Term of MOU 59
ARTICLE XXVII Ratification and Execution 60
EXHIBIT A 62
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ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section
3500, et seq., the City of Santa Ana (hereinafter called the “City”) has recognized the
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 Lieutenant, and Police Captain, 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.
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ARTICLE II
2.0 NON-DISCRIMINATION 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 any
provision 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.
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ARTICLE III
3.0 ATTENDANCE, WORKDAY, WORKWEEK & WORK SCHEDULE
3.1 Attendance. Employees shall be in attendance at their work during hours prescribed by
the Police Chief or their designee(s) and shall not absent themselves during prescribed
hours without authorization from the Police Chief or their 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 employees, except those Police Lieutenants 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 be set by the Police Chief and subject to annual
review by the Police Chief.
B. All employees (except those Police Lieutenants assigned as Watch Commanders)
not assigned to the 4/10 work schedule shall work a 9/80 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 of
work and thirty (30) minutes of unpaid mealtime.
C. Police Lieutenants 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 eleven (11) hours and
thirty (30) minutes of work, with thirty (30) additional minutes for meals. A
minimum work period shall consist of two (2) consecutive weeks, with three (3)
shifts of eleven (11) hours and thirty (30) minutes in one (1) week and four (4)
shifts of eleven (11) hours and thirty (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.
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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 five (5) steps or rate ranges of pay for sworn (CalPERS “Safety”)
employees and five (5) steps or rate ranges of pay for non-sworn (CalPERS
“Miscellaneous”) employees.
Effective the first full pay period following City Council adoption of this MOU, a Step
“E” (approximately five percent (5%) increase from Step “D”) will be added to the non-
sworn classifications in this unit.
The steps within each range are identified by the letters “A” through “E” inclusive for
sworn (CalPERS “Safety”) classifications and “AA” through “E” inclusive for non-sworn
(CalPERS “Miscellaneous”) classifications, with Step “A” being the lowest step for
sworn (CalPERS “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
Exhibit A.
4.3 Salaries.
A. The base salaries of employees shall be adjusted as follows:
1. Effective the first full pay period following City Council adoption of this
MOU, classifications covered by this MOU shall receive a salary increase
of three percent (3%).
2. Effective the first full pay period after July 1, 2023, employees covered by
this MOU shall receive a salary increase of three percent (3%).
3. Effective the first full pay period after July 1, 2024, employees covered by
this MOU shall receive a salary increase of three percent (3%).
4. Effective July 1, 2020, the City agrees, after implementation of the four
percent (4%) salary increase effective July 1, 2020, to maintain
approximately five percent (5%) between the classes of Top Step Sergeant
including all pay additives available to this classification and Police
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Lieutenant “D” Step including Supervisory Post Additive (minimum five
percent (5%)) and Bilingual Pay Additive.
5. 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.
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 two and one half
percent (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 approximately
seventeen percent (17%) between the classes of Police Captain and Police
Lieutenant.
4.4 Application 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
Exhibit A.
4.5 Beginning Rates. An employee appointed to one of the designated sworn (CalPERS
“Safety”) classifications of employment listed in this MOU may be 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 employee shall be assigned such salary step upon the commencement
of their 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 (CalPERS “Miscellaneous”)
classifications of employment listed in this MOU may be 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
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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 (1st) working day of the month shall not be credited with
“time in service” for that month when determining the length of service required for
salary step advancement. A lapse of service by an 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 they may be reemployed within two (2) years and placed in
the same salary step in the appropriate salary rate as they were 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 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 their
position. The effective date of an increase from Step “AA” to Step “A,” if granted
shall be the first (1st) 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 “E” if granted, shall be the first (1st) day of
the month following the completion of one (1) year of service at the step to which
said employee is being advanced. Effective January 1, 2023, the effective date of
step increases, if granted, shall be the first (1st) day of the pay period following
completion of one (1) year of service at the step to which said employee is being
advanced.
Such merit advancement shall require the following:
1. 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 their 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
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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.
B. When an employee has not been approved for advancement to the next higher
salary step, they may be reconsidered for advancement to the next higher step
above their 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. Annual Performance Based Bonus Pay:
Each employee covered by this MOU may be eligible to receive an annual performance
bonus for superior performance as a one-time monetary incentive payment based on a
percentage of current annual rate of base salary in accordance with the following criteria
in Sections 4.8(A) through 4.8(C).
A. Performance Levels
1. For overall superior performance rated as ‘5’ Significantly Exceeds
Expectations, a one-time monetary incentive payment of five percent
(5%).
2. For overall superior performance rated as ‘4’ Exceeds Expectations, a one-
time monetary incentive payment of two and one-half percent (2.5%).
3. For overall performance rated as ‘3’ Meets Expectations, no monetary
incentive payment.
4. For overall performance rated as ‘2’ Below 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
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evaluation period and provide that document to the employee. The employee’s
evaluation will be held in abeyance for a period no longer than ninety (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. If the employee fails to achieve a rating of
"Significantly Exceeds Expectations" within the ninety (90) day period, they 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 an employee shall be
changed or deemed to have been changed by reason of such payment.
However, such incentive payment for Classic CalPERS members as
allowable under CCR Section 571a will be reported to CalPERS as special
compensation for calculation towards retirement.
2. In the event that CalPERS 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 employees to a meritorious step on the salary range as set forth in
section 4.8(C)(7).
3. An employee that is deemed to be a “New CalPERS Member” is not
eligible to have the incentive payment reported to CalPERS 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. An 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 employees
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 be responsible for the development and
administration of detailed administrative procedures and guidelines for the
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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 how performance 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 CalPERS 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 two and one half
percent (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 five percent (5%) or Exceeds Expectations rating to receive
or maintain the two and one half percent (2.5%). Employees who do not
receive Significantly Exceeds rating or Exceeds Expectations rating will
be returned to Step D 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 in the bargaining unit, they
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 five percent (5%)) over their current base salary step (plus any pay for
performance bonus if said employee was at top step in their current classification) and
exclusive of any pay 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, their
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.
D. The new salary rate shall not be higher than the salary step to which the employee
would have been entitled had their service time in the higher classification been
spent in the lower classification.
4.11 Reallocation of Salary Rate Ranges. An 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.
ARTICLE V
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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. A 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 a monthly 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 emergency nature 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 their designee, shall be paid a monthly differential of one hundred
seventy five dollars ($175) above their then current base monthly salary step,
upon certification by the Executive Director of Human Resources that the
employee has satisfactorily demonstrated conversational fluency in both
languages.
C. Employees who receive bilingual assignment pay at the time this MOU is adopted
by the City Council shall recertify their bilingual capability every three (3) years
with the first recertification conducted in July 2025. Employees who do not
successfully pass required recertification examinations shall have their bilingual
assignment pay removed.
D. Employees who are initially certified for bilingual assignment pay after this MOU
is adopted by the City Council shall recertify their bilingual capability every three
(3) years after the date of initial certification. Employees who do not successfully
pass required recertification examinations shall have their bilingual assignment
pay removed.
5.2 Acting Pay. Acting pay shall be defined as the temporary assignment of an employee to
perform work of a job class (represented by the Association) which is assigned to a
higher salary schedule than their regular job class. An employee who is temporarily
appointed by the Chief of Police to serve in an acting capacity for two (2) weeks or more
and who is responsible for the full range of duties and responsibilities assigned to the
higher level classification, shall receive a five percent (5%) increase in base salary or the
minimum salary of the higher level classification (whichever is higher) for all time
worked in the higher job classification.
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A. Bargaining unit employees temporarily assigned to serve in an acting capacity of
an Executive Management (Executive Director) classification for thirty (30)
calendar days or more and who is responsible for the full range of duties and
responsibilities assigned to the Executive Management position shall receive a ten
percent (10%) increase or the minimum salary of the Executive Management
classification (whichever is higher) for all time worked in the higher job
classification.
B. An employee must be qualified (i.e. meet the minimum qualifications) for the
higher position in order to be paid for acting pay. The determination of those
persons qualified for work in higher rated classifications shall be established and
determined by the Executive Director of Human Resources or designee.
1. The Executive Director of Human Resources or designee’s determination is
final and binding and shall not be appealable.
C. Non-permanent employees (probationary, seasonal, temporary, limited-term, etc.)
shall not be eligible for acting pay.
D. In computing qualifying service rendered, only full-days shall be computed for
acting pay, and partial days shall not be combined to make full days.
E. Each assignment may be terminated at any time, but in no event shall such
assignment continue beyond one hundred eighty (180) calendar days or nine
hundred sixty (960) hours each fiscal year, whichever comes first.
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ARTICLE VI
6.0 EDUCATIONAL INCENTIVE PROGRAM
6.1 All eligible employees currently receiving Educational Incentives listed in Section 6.1(A)
through Section 6.1(I) (as described below) as of July 1, 2019 will be “grandfathered in”
to continue to receive those incentives. 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 their then current base monthly salary
step.
A. FBI National Academy. Any employee who successfully completes the FBI
National Academy shall be paid at a rate set approximately five percent (5%)
above their then current base monthly salary step.
B. California Command College. An employee who successfully completes the
California Command College shall be paid at a rate set approximately five percent
(5%) above their then current base monthly salary step.
C. LAPD Leadership Program. An employee who successfully completes the LAPD
Leadership Program shall be paid at a rate set approximately two and one half
percent (2.5%) above their then current base monthly salary step.
D. Police Executive Research Forum (PERF) Senior Management Institute for
Police. An employee who successfully completes the Senior Management
Institute for Police shall be paid at a rate set approximately two and one half
percent (2.5%) above their then current base monthly salary step.
E. FBI National Academy (LEEDS Program). An employee who successfully
completes the FBI LEEDS Program shall be paid at a rate set approximately two
and one half percent (2.5%) above their then current base monthly salary step.
F.International Association of Chiefs of Police. An employee who successfully
completes the Leadership in Police Organizations Program shall be paid at a rate
set approximately two and one half percent (2.5%) above their then current base
monthly salary step.
G. Homeland Security Executive Leaders Program. An employee who successfully
completes the Homeland Security Executive Leaders Program shall be paid at a
rate set approximately two and one half percent (2.5%) above their 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
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associated with advanced organizational development and the role of leaders
within the organization. All courses are applicable to sworn and civilian
managers.
An employee who successfully completes a cumulative total of one hundred
twelve (112) hours of the below listed advanced leadership courses shall be paid
at a rate set approximately two and one half percent (2.5%) above their then
current base monthly salary step.
Leadership Courses Hours
Command Institute for Law Enforcement Executives (F.B.I. – LEEDA)40
Contemporary Leadership Issues (F.B.I. – LEEDA)32
Executive Development Course (P.O.S.T.)80
Management Civilian Seminar (Part I) (P.O.S.T.)24
Management Civilian Seminar (Part II) P.O.S.T.24
Organizational Leadership (P.O.S.T.)40
Police Management Seminar Advanced (P.O.S.T.)24
Supervisor Leadership Institute (F.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, twenty-four (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 they ensure 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) through Section 6.1(I) (above) but shall insteadbe eligible for
the Education Incentives listed in Sections 6.2(A) and 6.2(B). Employees who were
previously receiving incentives in Section 6.1(A) through Section 6.1(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.
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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 - A sworn employee who successfully obtains their Supervisory
POST certificate, shall be paid at a rate set approximately five percent
(5%) above their then current base monthly salary step (cap=5%).
2. Level 2 - A sworn employee who successfully obtains their Supervisory
POST AND California Command College OR FBI National Academy
shall be paid at approximately ten percent (10%) above their then current
base monthly salary step (cap=10%).
3. Level 3 - A sworn employee who attains their MA/MS Degree AND
Supervisory POST shall be paid at approximately ten percent (10%) above
their then current base monthly salary step (cap=10%).
4. Level 4 - A sworn employee who attains their MA/MS Degree AND
Supervisory POST AND California Command College OR FBI National
Academy shall be paid at approximately fifteen percent (15%) above their
then current base monthly salary step (cap=15%).
B. NON-SWORN
1. A non-sworn employee who successfully attains a Masters of Art or
Master of Science degree shall be paid at a rate set approximately five
percent (5%) above their then current base monthly salary step (cap=5%).
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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.
A. Application for tuition reimbursement will be considered only from full-time,
regular employees who have completed probation.
B. Reimbursement is not authorized for courses for which the employee is receiving
financial assistance from other sources such as 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 documentary
proof of having received a grade of not less than “C” for the course. If objective
ratings are not rendered for a specific course, then a certificate of successful
completion must be submitted.
F. Approval will be limited to courses given by accredited colleges and universities,
community 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.
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7.3 Reimbursement.
A. Reimbursement will be based on the cost of tuition or registration fees and all
required texts and related material for each course. Additional expenses such as
meals and parking fees are not reimbursable. If, however, an employee is
required by the Police Chief to attend a particular course or seminar, the expense
shall be borne entirely by the Department.
B. Costs for required textbooks are eligible for one hundred percent (100%)
reimbursement subject to the following conditions:
1. That a duplicate of the required textbook(s) was unavailable for loan from the
Department library prior to the commencement of coursework; 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) may be made
available to all employees.
C. Tuition and registration costs are eligible for one hundred percent (100%)
reimbursement up to a maximum total of two thousand dollars ($2,000) per fiscal
year (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 five hundred dollars ($500) per course.
7.4 Procedures.
A. An employee who desires to seek tuition reimbursement under the provisions of
this Article must complete an Application for Training and Educational
Assistance form and submit it to the Police Chief.
B. The Police Chief will recommend approval or disapproval and forward the
application to the 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 a
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.
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D. The employee will submit their copy of the approved application to the Human
Resources Department within three (3) months after they have completed the
course and received their 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.
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ARTICLE VIII
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.
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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 1st - New Year’s Day
o Third (3rd) Monday in January - In observance of Martin Luther King, Jr’s
Birthday
o Third (3rd) Monday in February - In observance of Presidents’ Day
o March 31st - In observance of Cesar Chavez Day (Effective March 31, 2023)
o Last Monday in May - In commemoration of Memorial Day
o July 4th - In observance of Independence Day
o First (1st) Monday of September - In observance of Labor Day
o November 11th - In observance of Veteran’s Day
o Fourth (4th) Thursday in November - In observance of Thanksgiving Day
o The Friday immediately following Thanksgiving Day
o Last working day before Christmas Day, unless Christmas Day falls on Thursday,
in which instance, the day following Christmas Day shall be observed in lieu
thereof.
o December 25th - In observance of Christmas Day
o One (1) Floating Holiday - Any workday selected by the employee with prior
permission of the employee’s supervisor.
o Every day proclaimed by the Mayor of the City as a holiday for City employees.
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 shall 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 work schedules
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shall be credited with ninety-six (96) hours of holiday time at the beginning of every
calendar year in lieu of twelve (12) holidays in the year. Effective January 1, 2023, full-
time permanent and probationary employees shall 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. Employees with alternative work schedules shall be credited with one
hundred four (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.
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.
9.4 Holiday Bank Election.
A. If an employee wants to use their holiday bank hours as described in Section 9.2
during the year in which the holiday leave time is accrued, but not necessarily
used in the pay period in which the holiday occurs, they must make an irrevocable
election by December 15th of the prior calendar year (i.e. by December 15, 2020
for the calendar year 2021 holidays). Employees completing an irrevocable
election form will not be automatically cashed out as the holidays occur (if not
taken off), and will retain those hours for use any time during the current calendar
year earned. Forms will be turned into the Police Department Human Resources
Department then forwarded to City Payroll. If an employee leaves employment
during the year and has not used their earned holiday time, the eligible hours will
be paid on their final check and will not be eligible to be reported to CalPERS as
Special Compensation.
B. 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, they must pay the City the cash value for such used but unearned
holiday time off benefits prior to or at the time of separation.
C. Holiday time off may be taken in thirty (30) minute increments.
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9.5 Holiday benefits may not be carried over from one (1) calendar year to the next.
9.6 Holiday Leave.
A. Members of the Association will receive holiday hours each year as set forth in
Section 9.2 to be used as time off in the pay period in which the legal holiday
occurs. Holiday hours (excluding the floating holiday) not used in the pay period
in which the legal holiday falls will be automatically given holiday pay-in-lieu.
B. Pay-in-lieu of time off will be based on the eleven (11) legal holidays (twelve (12)
beginning calendar year 2023) observed by the City of Santa Ana. Pay-in-lieu will
be computed at eight (8) hours each legal holiday at the regular rate of pay on a
straight time basis. This additional compensation will be paid as earned and
reported to CalPERS as Special Compensation pursuant to Title 2, Division 1,
Chapter 2 of the California Code of Regulations, specifically Section 571(a)(5) –
Statutory Items, Holiday Pay.
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ARTICLE X
10.0 VACATION
10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide
them with a break in their regular work schedule and this purpose will be used as a guide
in the administration of the provisions of this Article.
10.2 Vacation.
A. Members shall accrue the combined vacation with pay on a monthly basis as set
forth in the following table.
Complete
d Years
Annual
Vacation
Accrued
Monthly
Accrual
Rate
1 120 10.00
2 120 10.00
3 120 10.00
4 120 10.00
5 120 10.00
6 124 10.33
7 128 10.67
8 132 11.00
9 136 11.33
10 140 11.67
11 144 12.00
12 148 12.33
13 152 12.67
14 156 13.00
15 160 13.33
16 168 14.00
17 176 14.67
18 184 15.33
19 192 16.00
20 or
more 200 16.67
B. Vacation time off may be taken in increments as small as one (1) hour, with
fractional usage rounded upward to the next higher multiple of one (1).
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C. Computing Regular Vacation.
1. In computing vacation, each municipal holiday that occurs during the vacation,
and that falls on a day which the employee would have worked had they 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. 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. An employee who 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 Section 10.2(C)(2), will forfeit the hours beyond the maximum carry
over amount from year to year, 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
13 300
14 308
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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 their 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. Vacation Leave Cash Option. Employees may receive cash compensation,
computed on a straight time basis, for up to a maximum of one hundred fifty
(150) hours of earned, unused vacation leave benefits, subject to the limitation in
Section 10.2(E).
E. Employees may cash out a combination of vacation and management vacation
leaves, up to a maximum of two hundred sixty (260) hours in a calendar year.
10.3 Management Vacation Benefit. All employees will be granted one hundred (100) hours
of management vacation per calendar year over the vacation schedules. Employees may
accrue a maximum of four hundred eighty (480) hours of such Management Vacation.
Employees may receive cash compensation, computed on a straight time basis, up to a
maximum of one hundred fifty (150) hours of earned, unused management vacation leave
benefits, subject to the limitation in Section 10.2(E). 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.
10.4 Effect of Extended Sick Leave on Vacation Accrual. An employee that is absent on paid
sick leave or unpaid leave for a period of time greater than fifteen (15) consecutive
calendar days in any one (1) calendar month shall not accrue vacation credits during that
month.
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ARTICLE XI
11.0 OTHER LEAVES OF ABSENCE
11.1 Sick Leave.
A. Definition. Except as otherwise provided in this Article, 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 their position, and shall
be deemed to include time in quarantine resulting from exposure to a contagious
disease.
B. Accrual. Each employee shall earn eight (8) hours of sick leave for each full
calendar month of service in which they are 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 their discretion, but shall be allowed only in cases of necessity and
actual sickness or disability, or as authorized in Section 11.1(J).
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 their account. Paid sick leave will continue until the fourth (4th) day when the
City pays the employee workers’ compensation benefits for such illness or injury.
If the employee does not have sufficient accumulated sick leave at the
commencement of such industrial illness or injury, they 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 unrecovered cost of sick leave from such
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terminated employee’s final paycheck, to the extent possible. The City may
authorize employees to use sick leave, vacation, or compensatory time for
approved workers’ compensation medical appointments as specified herein. The
City may authorize use of such leave for City approved medical appointments
whenever such appointments cannot be secured outside the employee’s regular
workday, and salary continuation or workers’ compensation benefits are not
available.
D. Limit. The maximum total accumulation of sick leave with pay shall be two
thousand (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).
For employees who are newly hired from outside the City into classifications
represented by the Association following City Council approval of this MOU:
1. The maximum accumulation of sick leave with pay shall be three hundred
fifty-two (352) hours; and
2. Any annual accrual over the three hundred fifty-two (352) sick leave hours
(up to ninety-six (96) hours) will be converted into an employee’s Retirement
Health Savings (“RHS”) Plan account during the first full pay period in
January of each year.
E. Extended. The City Manager may grant leave up to six (6) months without pay to
an employee who has exhausted all of their 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 their 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, they may be granted permission to take any earned vacation they may
have accrued.
G. Notice. The employee taking sick leave shall notify their immediate supervisor as
established by 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
29
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.
I. 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.
J. Personal Necessity Leave. Each employee shall be afforded the opportunity to
use up to forty-eight (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 a person 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 may be used: (a) to attend to
a serious accident to members of the employee’s immediate family; (b) childbirth;
(c) to cope with imminent danger to the employee’s home or other valuable
property; or (d) when the existence of external circumstances beyond the
employee’s control make it impractical for him or her to report for duty. For the
purposes of this section only, a “day” shall be defined as the number of hours of
work that an employee is required to work according to his or her specific
30
workday schedule.
K. Payment for Unused Sick Leave.
1. 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 fifteen (15) years of service, the
employee shall be entitled to fifty percent (50%) of the amount of
unused sick leave benefits credited to their RHS account upon the
effective date of separation, not to exceed a maximum limit of six
hundred forty (640) hours.
b. After fifteen (15) years, but less than twenty (20) years of service, the
employee shall be entitled to fifty percent (50%) of unused sick leave
benefits credited to their RHS account upon the effective date of
separation, not to exceed a maximum limit of eight hundred (800)
hours.
c. After twenty (20) years, but less than twenty-five (25) years of service,
the employee shall be entitled to sixty-six and sixty-seven hundredths
percent (66.67%) of unused sick leave benefits credited to their RHS
account upon the effective date of separation, not to exceed a
maximum limit of one thousand sixty-seven (1,067) hours.
d. After twenty-five (25) years of service or more, the employee shall be
entitled to one hundred percent (100%) of the amount of unused sick
leave benefits credited to their RHS account upon the effective date of
separation, not to exceed a maximum limit of two thousand (2,000)
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
of the 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
their death, and at the rate of pay effective on the date of the death.
3. Association members who notify the City, in writing, of their intent to
retire from the City within twelve (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 thirty (30) days after the request has been made. If an
31
employee cashes out their eligible leave bank balances prior to retirement
and subsequently remains employed one (1) year after their initial notice
of intent to retire, said employee shall be ineligible to accrue one hundred
(100) hours of management vacation the next calendar year.
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 they furnish the Executive Director of Human Resources satisfactory proof of
their order to report for duty. Upon return and upon showing of proof of actual
service pursuant to such orders, they 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, they 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 them 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
32
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 working days, may be authorized by the Police Chief. Absence without
pay, not to exceed fifteen (15) calendar days, may be authorized by the Department with
the approval of the City Manager. Such 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 action by the 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 of Human Resources of their 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 their former position.
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 duty because of an illness or
injury covered by the State of California Workers’ Compensation Insurance and
Safety Act shall, in lieu of temporary disability compensation payable under the
aforementioned Act, continue to be paid his or her normal salary and accrue other
benefits in accordance with the provisions of Labor Code Section 4850.
B. Any period of time during which an employee is required to be absent from their
position by reason of an industrial injury or industrial illness for which they are
entitled to receive compensation shall not be considered a break in continuous
service for the purpose of their 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 their
discretion, paid or unpaid administrative leave for employees.
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
33
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 (1) in lieu holiday
to the eligible employee. In no event shall sick leave be donated.
Employees shall be provided a two (2) week period to submit donations.
Donations received after this two (2) week period shall not be processed. The two
(2) week period for each case shall be designated by the Police Chief or their
designee as provided herein below.
Donations shall be for a minimum of two (2) hours and a maximum of eight (8)
hours per donor. All donations must be made in two (2) hour increments, except
in lieu holidays must be for eight (8) hours.
Any authorization of donations not made in accordance with the procedures
outlined in Section 11.11(C) will not be processed.
All donations shall be irrevocable.
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. Eligibility. Regular, full-time employees shall be eligible for Catastrophic Leave
donations if the following criteria are met:
1. When it is reasonably foreseeable that all accrued time on the books, such
as sick leave, compensatory time, vacation, and in lieu holidays, will be
exhausted and the employee’s illness will continue past the time when the
employee will be on paid status.
2. The Police Chief or their 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
34
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 their 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 their
authorization of the transfer of such donated time and provide:
1. Their name, department name, and employee number.
2. The number of hours of compensatory or vacation time of the
donation within the limitations of Section 11.11(A)(3).
3. The name, department, and employee number of the recipient.
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 +1 $1,307.00
•Employee + Family $1,700.00
B. Effective the first full pay period following City Council adoption of this MOU,
the City will provide a monthly contribution to health insurance premiums at the
following rates:
•Employee Only $804.00
•Employee +1 $1,457.00
•Employee + Family $1,850.00
C. Effective January 1, 2024, the City will provide a monthly contribution to health
insurance premiums at the following rates:
•Employee Only $854.00
•Employee +1 $1,507.00
•Employee + Family $1,900.00
D. Effective January 1, 2025, the City will provide a monthly contribution to health
insurance premiums at the following rates:
•Employee Only $904.00
•Employee +1 $1,557.00
•Employee + Family $1,950.00
E. 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.
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F. 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 a non-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 of premiums for dental insurance plans provided by the City for employees 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) per month per employee for “family”
coverage.
C. Effective January 1, 2023, the City will contribute up to one hundred thirty dollars
($130) per month per employee for “family” coverage.
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 may require proof of
insurability for 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 (with a sixty (60) day elimination
period) for employees. . Employees 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). Effective January 1, 2023, employees 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 ten thousand dollars ($10,000)).
12.4 Life Insurance. The City shall continue to pay one hundred percent (100%) of the
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premium cost for term life insurance coverage under the policy it maintains on behalf of
its officers and employees in order to provide employees 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 term 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 continue to receive equivalent benefits 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. Affected employees
will be eligible to receive cash (subject to taxation as wages) through the cafeteria Benefit
plan if they either opt-out of receiving 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.
If two (2) City employees are married, at least one (1) of the two (2) 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 Association agree to meet and confer over the impact.
12.7 Medical Retirement Subsidy Plan. The City provides a Retirement Health Savings Plan
(“RHS”).
A. The City shall contribute four percent (4%) of base salary, plus pay additives each
pay period into the individual accounts of Association members established with
the City’s plan administrator.
1. Employees 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 the plan administrator.
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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.
B. For employees newly hired from outside the City following City Council adoption
of this MOU, the City shall contribute one percent (1%) of base salary plus pay
additives each pay period into the individual accounts of employees established
with the City’s plan administrator. Additionally, said employees shall contribute
one and one-quarter percent (1.25%) of base salary, plus pay additives, each pay
period into their individual RHS accounts established with the plan administrator.
12.8 Vision Insurance. The City shall maintain in effect its existing vision care plan for
employees. This plan is voluntary on behalf of the employee and shall be fully funded by
the participating employee.
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ARTICLE XIII
13.0 DEFERRED COMPENSATION
13.1 Effective January 1, 1977, employees MOU were granted a one percent (1%) salary
increase to be utilized toward deferred compensation. Effective July 1, 1991, to comply
with CalPERS salary reporting requirements, salary rate ranges for employees were
adjusted upward by one percent (1%) to reflect the deferred compensation as salary. For
salary reporting purposes, the deferred compensation was shown as part of salary, rather
than as an add-on benefit. The amounts contributed by the City under this Article shall
be subject to provisions as outlined in the Internal Revenue Code (IRC) section 457.
Furthermore, all new contributions and existing assets are to be held for the exclusive
benefit of the participants and beneficiaries.
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ARTICLE XIV
14.0 RETIREMENT
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 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 on behalf of
each affected employee, in an amount necessary to pay one hundred percent (100%) of
their 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
employees 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.
For the purpose of reporting 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 nine percent (9%) for
“safety member” employees covered under the 3% at age 50 CalPERS formula and eight
percent (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.
14.4 Pre-Retirement Optional Settlement 2 Death Benefit. The City shall provide the Pre-
Retirement Optional Settlement 2 Death Benefit to all employees.
14.5 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City
agrees to continue to provide Classic Miscellaneous employees 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.
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
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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 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 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. 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 20516(f).
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% @ 57 Retirement Benefit for New Safety Members. The City agrees to provide
Safety 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
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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 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 2.7% @ 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. All sworn and non-sworn employees can have unused
accumulated sick leave at the time of retirement converted to additional service credit at
the rate of four thousandths (0.004) years of service credit for each day, eight (8) hours
per day, of unused sick leave (i.e., two hundred (200) days of sick leave equals eight
tenths (.8) additional years of service credit), pursuant to regulations prescribed by
CalPERS. 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 two thousand (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 of retirement is within four (4) months or one hundred
twenty (120) days of separation from employment. (Government Code Section 20965)
Effective the date of City Council adoption of this MOU, the maximum total unused sick
leave that can be converted shall be ten (10) eight (8) hour working days equal to eighty
(80) hours. Employees hired on or after a contract amendment between the City and
CalPERS shall not be eligible to convert unused sick leave to CalPERS for service credit.
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ARTICLE XV
15.0 TECHNOLOGY STIPEND
15.1 The City shall provide a seventy-five dollar ($75) per 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. Effective the first day of the month following City
Council adoption of this MOU, the Stipend shall be one hundred dollars ($100) per
month. 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(s) for which the employee will be substituting their personal device.
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ARTICLE XVI
16.0 EXPANDED RESIDENCY
16.1 The City shall continue to permit employees 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 first 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 Parking. The City shall provide non-sworn employees with free parking 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 Police Captain and Police
Lieutenant 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 their duties.
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ARTICLE XVIII
18.0 DISCIPLINE
18.1 Pre-Disciplinary Procedure.
If an employee is to be suspended without pay, receive a reduction in pay, transferred for
purposes of discipline, demoted, or discharged, the employee shall:
A. Receive written notice of the intended action at least ten (10) calendar days before
the date it is intended to become effective, stating the specific grounds and the
particular facts upon which the intended action is based.
B. Receive copies of any known materials, reports, transcripts, statements, or other
documents upon which the intended action is based.
C. Be accorded the right to respond to the intended charges in writing or in person
with the Chief of Police or designee within a reasonable period of time, not to
exceed ten (10) calendar days unless the Chief of Police or designee authorizes a
longer time.
D. Be given the written decision of the Chief of Police or designee prior to the
effective date of the disciplinary action.
18.2 Disciplinary Appeals Procedure.
The following appeals procedures are adopted by the parties pursuant to Government
Code section 3304.5 of the Public Safety Officers’ Procedural Bill of Rights Act.
A. Punitive Action – The term “punitive action” means any action defined by
Government Code section 3303, i.e., “any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or transfer for
purposes of punishment.”
B. Formal Appeals Procedures – For Punitive Action not Covered by the Informal
Hearing Process
1. Step 1.
a. If an employee desires to appeal a disciplinary action not covered
by the informal process, they (or their representative) shall submit
a written notice of appeal to the Executive Director of Human
Resources or designee within ten (10) calendar days of receiving
the written decision from the Chief of Police.
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b. The City Manager or designee shall meet with the employee within
twenty-one (21) days after submission of the appeal. The City
Manager or designee may affirm, reverse, or modify the
disciplinary action.
c. The City Manager or designee shall deliver the written response to
the employee within ten (10) calendar days after meeting with the
employee.
2. Step 2.
a. Filing the appeal: If an employee is not satisfied with the City
Manager or designee’s decision, they (or their representative) shall
submit a written notice of appeal to be submitted to an impartial
arbitrator for a final and binding decision. Such written notice of
appeal shall be submitted in writing to the Executive Director of
Human Resources or designee.
b. The City and Association shall create and maintain a standing list
of three (3) to five (5) mutually approved arbitrators.
c. The City and Association shall select an arbitrator from the
standing list via the striking method. The parties shall mutually
agree which party strikes the first name. If the parties cannot
mutually agree, the parties shall toss a coin to determine who shall
strike the first name. Once the arbitrator is selected, the parties will
contact the arbitrator to schedule a hearing.
d. If none of the identified arbitrators are able to take the case, then
the parties will request a list of seven (7) arbitrators from the State
Mediation and Conciliation Services. Once the list is received, the
representatives of the parties shall strike names until an arbitrator
is chosen. The parties shall mutually agree which party strikes the
first name. If the parties cannot mutually agree, the parties shall
toss a coin to determine who shall strike the first name. Once the
arbitrator is selected, the parties will contact the arbitrator to
schedule a hearing.
e. Hearing Process: During the hearing, the formal rules of evidence
do not apply. The cost of the arbitrations, including but not limited
to the list of arbitrators, the arbitrator themselves, and the court
reporter shall be split evenly between the City and Association.
The arbitrator’s decision will be final and binding. The arbitrator
shall issue their decision within thirty (30) calendar days from the
conclusion of the hearing, unless the parties agree otherwise.
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18.3 Informal Appeals Procedure.
A. Informal Appeals Procedure, as opposed to the formal procedures, shall be used
for written reprimands.
1. The appeal is an opportunity for the employee (or their representative) to
present information and arguments why a written reprimand should not
occur or offer alternatives to the action.
2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee
of the written reprimand, the employee (or their representative) shall
notify the Executive Director of Human Resources or designee in writing
that they intend to appeal the written reprimand. The Executive Director of
Human Resources or designee shall contact either the employee or their
identified representative within ten (10) calendar days of receipt of the
notice of appeal to schedule the appeal.
3. Hearing Officer: The Chief of Police or City Manager or designee
(depending on who issued the written reprimand as determined by the
Executive Director of Human Resources or designee) shall act as the
hearing officer. The meeting shall take place within twenty-one (21)
calendar days of the date the employee filed the appeal or such other time
as may be agreeable by the parties.
4. Decision: After the meeting, a decision will be submitted in writing within
thirty (30) calendar days and provided to the employee. The decision is
final and binding. The decision shall advise the employee that the time
within which judicial review of the decision may be sought as governed by
Code of Civil Procedures section 1094.5.
18.4 Performance evaluations shall not be subject to appeal.
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ARTICLE XIX
19.0 GRIEVANCE REVIEW PROCEDURE
19.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by the
Association concerning the interpretation or application of specific provisions of this
MOU.
The parties can mutually agree to extend any deadlines in this Article.
19.2 Step 1.
A. The Association shall first attempt to resolve the grievance at Step 1 with the
Executive Director of Human Resources or designee without undue delay, but in
no case, beyond a period of ten (10) calendar days after the occurrence of the
alleged incident giving rise to the grievance, or when the grievant knew or should
have reasonably become aware of the facts given rise to the grievance.
B. The Executive Director of Human Resources or designee will respond to the
grievance within fourteen (14) calendar days of receiving the grievance.
C. Every effort shall be made to find an acceptable solution to the grievance at Step
1.
19.3 Step 2.
A. If the Association is not satisfied with the response from the Executive Director
of Human Resources or designee, the Association must submit the grievance in
writing to Step 2 (binding arbitration) to the Executive Director of Human
Resources or designee within ten (10) calendar days of receiving the Step 1
response. Should the grievant fail to file a written grievance at Step 2 within ten
(10) calendar days after receiving the response at Step 1, the grievance shall be
barred and waived.
B. The City and Association agree to select an arbitrator in the following manner:
1. The City and Association shall refer to the mutually-approved standing list
of arbitrators as specified in Section 18.2(B)(2)(b).
2. The City and Association shall select an arbitrator from the standing list
via the striking method. The parties shall mutually agree which party
strikes the first name. If the parties cannot mutually agree, the parties shall
toss a coin to determine who shall strike the first name. Once the arbitrator
is selected, the parties will contact the arbitrator to schedule a hearing.
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3. If none of the identified arbitrators are able to take the case, then the
parties will request a list of seven (7) arbitrators from the State Mediation
and Conciliation Services. Once the list is received, the representatives of
the parties shall strike names until an arbitrator is chosen. The parties shall
mutually agree which party strikes the first name. If the parties cannot
mutually agree, the parties shall toss a coin to determine who shall strike
the first name. Once the arbitrator is selected, the parties will contact the
arbitrator to schedule a hearing.
B. Hearing Process: During the hearing, the formal rules of evidence do not apply.
The cost of the arbitration including but not limited to the list of arbitrators, the
arbitrator themselves, and the court reporter shall be split evenly between the City
and Association. The arbitrator’s decision shall be final and binding. The
arbitrator shall issue their decision within thirty (30) calendar days from the
conclusion of the hearing, unless the parties agree otherwise.
19.4 Alleged violations of City Rules, Regulations, and Policies.
A. If an employee, group of employees, or the Association (grievant) believes there
has been a violation or misapplication of a City rule, regulation, or policy, the
grievant may file a grievance within ten (10) calendar days of the alleged
violation or misapplication or when the grievant knew or should have reasonably
become aware of the facts giving rise to the grievance.
B. Step 1.
1. A grievant must submit a grievance in writing to the Executive Director of
Human Resources or designee.
2. The Chief of Police shall meet with the employee within ten (10) calendar
days after submission of the grievance.
3. The Chief of Police shall deliver the Step 1 written response to the
employee within ten (10) calendar days after meeting with the employee.
C. Step 2.
1. If the grievant is not satisfied with the Step 1 response, the grievant must
submit the grievance in writing to Step 2 to the Executive Director of
Human Resources or designee within ten (10) calendar days of receiving
the Step 1 response.
2. The City Manager or designee shall meet with the employee within
twenty-one (21) days after submission of the Step 2 grievance. The City
Manager or designee may affirm, reverse, or modify the decision made at
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Step 1.
3. The City Manager or designee shall deliver the Step 2 written response to
the employee within ten (10) calendar days after meeting with the
employee.
C. Step 3.
1. If the grievant is not satisfied with the Step 2 response, the grievant must
submit the grievance in writing to Step 3 (binding arbitration) to the
Executive Director of Human Resources or designee within ten (10)
calendar days of receiving the Step 2 response. Should the grievant fail to
file a written grievance at Step 3 within ten (10) calendar days after
receiving the response at Step 2, the grievance shall be barred and waived.
2. The City and Association agree to select an arbitrator in the following
manner:
a. The City and Association shall refer to the mutually-approved
standing list of arbitrators as specified in Section 18.2(B)(2)(b).
b. The City and Association shall select an arbitrator via the striking
method. The parties shall mutually agree which party strikes the
first name. If the parties cannot mutually agree, the parties shall
toss a coin to determine who shall strike the first name. Once the
arbitrator is selected, the parties will contact the arbitrator to
schedule a hearing.
c. If none of the identified arbitrators are able to take the case, then
the parties will request a list of seven (7) arbitrators from the State
Mediation and Conciliation Services. Once the list is received, the
representatives of the parties shall strike names until an arbitrator
is chosen. The parties shall mutually agree which party strikes the
first name. If the parties cannot mutually agree, the parties shall
toss a coin to determine who shall strike the first name. Once the
arbitrator is selected, the parties will contact the arbitrator to
schedule a hearing.
3. Hearing Process: During the hearing, the formal rules of evidence do not
apply. The cost of the arbitration including but not limited to the list of
arbitrators, the arbitrator themselves, and the court reporter shall be split
evenly between the City and Association. The arbitrator’s decision shall
be final and binding. The arbitrator shall issue their decision within thirty
(30) calendar days from the conclusion of the hearing, unless the parties
agree otherwise.
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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.
J. To relieve employees from duties for lack of work or similar nondisciplinary
reason, subject to the provisions of the City Charter, Municipal Code, Federal and
State law and this MOU.
K. To establish and modify productivity and performance programs and standards.
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L. To discharge, suspend, demote, or otherwise discipline employees for proper
cause in accordance with the provisions set forth in the City Charter and Santa
Ana Municipal Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for 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 Layoffs. 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 Lieutenant or Police
Captain, 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
22.0 STRIKES AND WORK STOPPAGES
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 Section 22.1(A) 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 Section 22.1, 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 XXIII
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 of understanding, or
contrary salary and/or personnel rules and regulations or administrative codes, provisions
of the City, oral and written, expressed or implied between the parties, and shall govern
the entire relationship and shall be the sole source of any and all rights which may be
asserted hereunder. This MOU is not intended to conflict with Federal or State law or the
City Charter.
23.2 The City will continue to administer its employee relations and its personnel policies and
procedures in accordance with duly adopted ordinances and resolutions, and the affected
employees will continue to be governed thereby during the term of this MOU.
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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 any provision 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 January 1, 2022 through June 30, 2025.
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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 15th day of November, 2022.
CITY OF SANTA ANA, a Municipal
Corporation of the State of California
Dated:______________ By:_________________________________
MAYOR
Dated:______________ By:_________________________________
CITY MANAGER
Dated:______________ By:_________________________________
EXECUTIVE DIRECTOR OF HUMAN
RESOURCES
ATTEST:
_______________________
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
_______________________
PETER BROWN
LABOR ATTORNEY
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This 2022-2025 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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SANTA ANA POLICE MANAGEMENT ASSOCIATION
SWORN CLASSIFICATIONS
EXHIBIT A
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE NOVEMBER 16, 2022
JOB TITLE
JOB
CODE STEP A STEP B STEP C STEP D STEP E
Police Captain (RM)03360 16,230 17,041 17,893 18,788 19,728
Police Lieutenant (RM)03350 13,742 14,429 15,150 15,907 16,702
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 2, 2023
JOB TITLE
JOB
CODE STEP A STEP B STEP C STEP D STEP E
Police Captain (RM)03360 16,717 17,552 18,430 19,352 20,320
Police Lieutenant (RM)03350 14,154 14,862 15,605 16,384 17,203
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
JOB TITLE
JOB
CODE STEP A STEP B STEP C STEP D STEP E
Police Captain (RM)03360 17,219 18,079 18,983 19,933 20,930
Police Lieutenant (RM)03350 14,579 15,308 16,073 16,876 17,719
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SANTA ANA POLICE MANAGEMENT ASSOCIATION
NON-SWORN CLASSIFICATIONS
EXHIBIT A
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE NOVEMBER 16, 2022
JOB TITLE
JOB
CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Correctional Manager (RM)01971 9,209 9,670 10,153 10,661 11,194 11,753
Jail Administrator (RM)03231 13,742 14,429 15,150 15,907 16,702 17,538
Police Administrative Budget Manager (RM)00181 11,989 12,590 13,219 13,880 14,575 15,304
Police Administrative Manager (RM)00180 10,713 11,250 11,812 12,402 13,022 13,673
Police Communications Manager (RM)03370 9,963 10,461 10,984 11,534 12,110 12,715
Police Systems Manager (RM)02931 11,989 12,590 13,219 13,880 14,575 15,304
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 2, 2023
JOB TITLE
JOB
CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Correctional Manager (RM)01971 9,485 9,960 10,458 10,981 11,530 12,106
Jail Administrator (RM)03231 14,154 14,862 15,605 16,384 17,203 18,064
Police Administrative Budget Manager (RM)00181 12,349 12,968 13,616 14,296 15,012 15,763
Police Administrative Manager (RM)00180 11,034 11,588 12,166 12,774 13,413 14,083
Police Communications Manager (RM)03370 10,262 10,775 11,314 11,880 12,473 13,096
Police Systems Manager (RM)02931 12,349 12,968 13,616 14,296 15,012 15,763
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 14, 2024
JOB TITLE
JOB
CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Correctional Manager (RM)01971 9,770 10,259 10,772 11,310 11,876 12,469
Jail Administrator (RM)03231 14,579 15,308 16,073 16,876 17,719 18,606
Police Administrative Budget Manager (RM)00181 12,719 13,357 14,024 14,725 15,462 16,236
Police Administrative Manager (RM)00180 11,365 11,936 12,531 13,157 13,815 14,505
Police Communications Manager (RM)03370 10,570 11,098 11,653 12,236 12,847 13,489
Police Systems Manager (RM)02931 12,719 13,357 14,024 14,725 15,462 16,236