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Home My WebLink AboutSANTA ANA POLICE OFFICERS ASSOCIATION (POA) (3) A - I , ,_ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1993-94 AND 1994-95 TABLE OF CONTENTS ARTICLE I RECOGNITION 1 ARTICLE II NON-DISCRIMINATION CLAUSE 1 ARTICLE III ATTENDANCE, WORKDAY AND WORKWEEK 2 ARTICLE IV SALARIES 3 ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 7 ARTICLE VI POLICE CAREER DEVELOPMENT PROGRAM 9 ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 13 ARTICLE VIII OVERTIME 16 ARTICLE IX HOLIDAYS 20 ARTICLE X VACATION 21 ARTICLE XI OTHER LEAVES OF ABSENCE 25 ARTICLE XII EMPLOYEE INSURANCE 31 ARTICLE XIII RETIREMENT 32 ARTICLE XIV RELEASE TIME FOR ASSOCIATION REPRESENTATIVE 33 ARTICLE XV SAFETY 34 ARTICLE XVI RESIDENCY 34 ARTICLE XVII DISCIPLINE 35 ARTICLE XVIII GRIEVANCE REVIEW PROCEDURE 35 ARTICLE XIX DUES DEDUCTION AND IDEMNIFICATION 38 ARTICLE XX CITY RIGHTS 38 ARTICLE XXI STRIKES AND WORK STOPPAGES 39 ARTICLE XXII LAYOFFS 40 ARTICLE XXIII MISCELLANEOUS PROVISIONS 40 ARTICLE XXIV SOLE AND ENTIRE AGREEMENT 41 ARTICLE XXV WAIVER OF BARGAINING DURING THE TERM OF THIS 41 AGREEMENT ARTICLE XXVI SEPARABILITY PROVISION 41 ARTICLE XXVII TERM OF AGREEMENT 41 ARTICLE XXVIII RATIFICATION AND EXECUTION 42 EXHIBIT A ASSIGNMENT OF CLASSES TO SALARY RATE RANGES 44 EXHIBIT B BASIC SALARY AND WAGE SCHEDULE 45 • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1993-94 , AND 1994-95 ARTICLE I - RECOGNITION Pursuant to the provision of the Meyers-Milias-Brown Act , Government Code Section 3500 , et seq. , the City of Santa Ana (hereinafter called the "City" ) has recognized the Santa Ana Police Officers Association (herein called the "Association" ) as the recognized representative of the bargaining unit which includes police department employees in the sworn, "safety-member" classifications and assignments of Police Officer, Senior Police Officer, Police Sergeant, Senior Police Sergeant and in the non- sworn, "miscellaneous-member" classifications and assignments of Animal Control Officer I and II, Background Investigator, Darkroom Technician, Detention Officer, Forensic Specialist I and II , Forensic Services Supervisor, Parking Control Officer, Police Communications Supervisor, Police Community Services Specialist, Police Information Officer, Police Investigative Specialist, Police Property and Evidence Specialist, Police Property and Evidence Supervisor, Police Recruit, Police Service Assistant, Police Service Officer, Police Services Dispatcher, Rangemaster, Senior Detention Officer, Senior Parking Control Officer, and Traffic Services Specialist and excludes all other non-sworn employees of the Police Department and sworn, "safety-member" police classes of Police Lieutenant, Police Captain and Police Chief . ARTICLE II - NON-DISCRIMINATION CLAUSE Section 1 . The City and Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations, or in violation of Government Code Sec . 3500 et seq. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provisions of this Agreement in compliance with State or Federal anti-discrimination laws . Section 2 . Whenever reference is made to the masculine gender it shall be understood to include the feminine gender, unless expressly stated otherwise . ARTICLE III - ATTENDANCE, WORKDAY AND WORKWEEK 1 • Section 1 . Attendance . Employees covered by this Agreement shall be in attendance at their work during hours prescribed by the Chief of Police or his designee (s) and shall not absent themselves during prescribed hours without approval of the Chief of Police or his designee (s) . Section 2 . 3\12 - 4\12 Work Schedule . Effective February 1, 1994 , the City will implement a 3/12 - 4/12 Plan for Sworn Officers assigned to regular patrol on rotating shifts covering 24 hours and for Detention Officers and Sr. Detention Officers assigned to the jail . The City also agrees to meet and confer regarding the extension of this plan to Forensic Specialist I, Forensic Specialist II assigned to Crime Scene Investigator (CSI) , and Police Services Dispatchers and Police Communications Supervisor. Section 3 . Definitions of Terms for Employees Assigned to 5/8 Work Schedule . A. Workday. For sworn and non-sworn employees not assigned to 3/12 - 4/12 work schedule, eight (8) hours shall constitute a regular workday, except for sworn officers on designated assignments, for whom the workday will constitute nine (9) hours . Employees assigned to 8 hours will receive one-half (1/2) hour of unpaid lunch and employees assigned to nine (9) hours will receive one (1) hour of unpaid lunch. The unpaid lunch time for sworn officers (Code 7 time) shall not be considered overtime and is not otherwise compensated except as provided in the Settlement Agreement executed by the parties hereto on November 21, 1977 . B. Minimum Workweek. The minimum workweek for all employees covered by this Section shall consist of forty (40) hours . C. Workweek Schedule During Schedule Changes . The City agrees to continue the following policy when scheduling days off during shift, assignment or other schedule changes : except in cases of emergency or other situations requiring days off for employees to be affected by a shift, work assignments or other schedule changes, to schedule no more and no less than five (5) regular and normal workdays, as defined in subsection A above, during any calendar week; however, and except in cases of emergency, no employee shall be scheduled to work more than five (5) consecutive days without the employee' s consent . It is the intent of the parties that each employee so affected, shall receive two (2) consecutive days off whenever practical . For purposes of this Subsection, a calendar week begins at 0001 hours on Sunday and ends at 2400 hours on the following Saturday. 2 Section 4 . Definitions of Terms for Employees Assigned to 3/12 - 4/12 Work Schedule A. Workday. Effective with the next scheduled shift change following the execution of this agreement, but no later than February, 1994 and terminating with the expiration of this agreement, a workday for employees assigned to 3/12 - 4/12 Work Schedule will consist of 11 hours and 30 minutes of work with 30 additional minutes for meals (Code 7) . B . Workperiod. For those employees working 11 hours and 30 minutes a day, the "work period" will consist of two consecutive weeks with 3 shifts of 11 hours and 30 minutes in one week and 4 shifts of 11 hours and 30 minutes in the second week. The total hours for these two consecutive weeks shall be considered equalling eighty (80) hours and thirty (30) minutes . However, the one-half hour worked beyond 80 hours of work in a two week period shall be added to the employee' s vacation time . If during the two week work period, an employee is on leave without pay he/she will not be eligible for one-half hour (1/2) of vacation accrual . The employee, however, will be given early release to make up for time worked beyond 80 hours . C. Work Schedule During Schedule Changes . The City agrees to continue the following policy when scheduling days off during shift, assignment or other schedule changes : except in cases of emergency or other situations requiring days off, the City may schedule employees impacted by a shift, work assignments or other schedule changes, to no more than four (4) regular and normal workdays, as defined in subsection A above, during any calendar week; however, and except in cases of emergency, no employee shall be scheduled to work more than four (4) consecutive days without the employee' s consent . It is the intent of the parties that each employee so affected, shall receive three (3) consecutive days off whenever practical . D. Changes/Modifications . In that the 3 day 11 hours and 30 minutes and 4 day 11 hours and 30 minutes schedule may need modification during the life of this agreement to meet department and community needs, said changes shall be made at the discretion of the Chief of Police or his designee (s) after meeting and conferring in good faith with the Association. ARTICLE IV - SALARIES Section 1 . Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Santa Ana Police Officers Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this Agreement and its attachments . 3 Section 2 . Salary Schedule . The basic salary schedule, attached hereto in a matrix format as Exhibit A, and made a part hereof as though set forth in full herein, provides numerous salary rate ranges, each comprised of five (5) steps or rates of pay. The respective rate ranges are identified by a three digit number. The steps within each range are identified by the letters "A" through "E" inclusive, with the "A" step being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range are set forth in Section 7 below. Section 3 . Salaries . A. Effective July 1, 1994, the base salaries of employees covered by this Agreement shall be increased by six (6) salary rate ranges (3 . 0%) . B . The assignment of classes to salary rate ranges during the term of this Agreement resulting from said increase is listed in Exhibit B, which is attached and made a part hereof as though set forth herein. Section 4 . Application of Basic Compensation Plan. The salary rate ranges and steps contained in Exhibit B are monthly salary rates . All officers and employees working in classifications of employment covered by this Agreement shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of his or her employment . Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate by 173 . 33 . In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in exactly one-half cent shall fix the rate at the next higher whole cent . Section 5 . Beginning Rates . A new employee of the City of Santa Ana shall be paid the rate shown as Step "A" in the salary rate range allocated to the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional educational training and/or experience qualifications, the department head under whom the employee will serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "B" or Step "C" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon the commencement of his or her service in the classification of employment to which the salary rate range applies and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step 4 in accordance with the further provisions of this Article . Section 6 . Service . The word "service" as used in this Agreement shall be deemed to mean continuous, full-time service in the classification in which the officer or employee is being considered for salary advancement, service in the higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements . Employees hired after the first (1st) working day of the month shall not be credited with "time-in-service" for that month when determining the length of service required for salary step advancement . A lapse of service by an officer or employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such officer or employee for the purpose of this Agreement and any such officer or employee reentering the service of the City shall be considered as a new officer or employee, except that he or she may be reemployed within two (2) years and may be placed in the same salary step in the appropriate salary range as he or she was at the time of termination of employment . Section 7 . Advancement Within Ranges . The following regulations shall govern salary advancement within rate ranges : A. Length of Service Advancements . After the salary of an officer or employee has been first established and fixed under this plan, such officer or employee shall be advanced from Step "A" to Step "B" or from Step "B" to Step "C" or from Step "C" to Step "D, " whichever is the next higher step to that on which the officer or employee has been previously paid, effective the first day of the month following the date of completion of the length of service for such advancement as provided in Exhibit A of this Agreement . B . Merit Advance . An officer or employee shall be considered for advancement from Step "D" to Step "E" or upon the completion of the required length of service as provided in Exhibit A of this Agreement; the effective date of such merit increase, if granted, shall be on the first day of the month following the completion of such required length of service . Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the officer or employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: 1 . There shall be on file in the Office of the Chief Personnel Officer a copy of each periodic efficiency or performance report required to be made on the officer or employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such officer or employee subsequent to this last salary advancement . 5 r-. 2 . The Chief of Police, at least twenty (20) calendar days prior to the anticipated completion of such officer' s or employee' s required length of service, shall file with the City Manager a statement recommending the granting or denial for the merit increase and supporting such recommendations with specific reasons therefore . 3 . No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Section 9 of this Article. C. Length of Service Required When Advancement Denied. When an officer or employee has not been approved for advancement to the next higher salary step, he or she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service . This reconsideration shall follow the same steps and shall be subject to the same actions as provided in the Subparagraphs B (2) and B (3) of this Section. Section 8 . Reduction in Salary Steps. Any officer or employee who is being paid on a salary step higher than Step "D" may be reduced to Step "D" of the appropriate salary range, upon the recommendation of the Chief of Police, and the approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 7 above, and such officer or employee may be considered for readvancement under the same provisions as contained in Subsection C of Section 7 . Section 9 . Promotional Salary Advancement . When an officer or employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to Step "A" in the appropriate salary rate range for the higher classification; provided however, that if the base salary step currently being paid such officer or employee is already equal to or higher than said Step "A, " he or she will be placed in the lowest step in the appropriate salary rate range as will grant that officer or employee an increase of one (1) salary step over his or her current base salary step including any additive or additives such as career development or educational incentive pay, but excluding shift differential, assignment pay and bilingual pay. Section 10 . Demotion. When an officer or employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions : A. The salary rate shall be reduced by at least one (1) 6 step . B. The new salary rate must be within the appropriate salary rate range . C. The new salary rate shall not be higher than the salary step to which the officer or employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Chief of Police is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions (Section 8, above) . Section 11 . Reallocation of Salary Rate Ranges . Any officer or employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. ARTICLE V - ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES Section 1 . Assignment Pay Differentials . A. An incumbent in the class of Police Services Dispatcher who is continuously and regularly assigned to and actually performing in a lead supervisory and trainer capacity over an assigned shift of Police Services Dispatchers will be paid at a rate set ten (10) salary rate ranges (5%) above his or her then current base monthly salary step . B . Personnel in the class of Forensic Specialist I , who are regularly and continuously assigned to and actually performing duties in a "lead supervisory" capacity over a primary functional unit of Forensic Specialist I employees, will be paid at a rate set ten (10) salary rate ranges (5 . 0%) above their then current base monthly salary step. C. Incumbents in the class of Police Service Officer who are regularly and continuously assigned to perform full-time civilian accident investigation duties in the Traffic Section of the Police Department, will be paid an assignment pay differential at a rate set ten (10) salary rate ranges (5%) above their then current base monthly salary. D. An incumbent in the class of Police Officer who is continuously and regularly assigned to and actually performing 7 duties of an Assistant Team Leader (ATL) (Corporal) will be paid at a rate set five (5) salary rate ranges (2 . 5%) above his or her then current base monthly salary step. The City and the Association agree to meet and confer regarding the Corporal assignment immediately after the contract is approved by the City. E . The Police Chief at his/her discretion and based on the department' s need may assign two sworn officers in Investigation to standby status for Saturday and Sunday or holidays . Officers thus assigned will be compensated at the rate of two (2) hours of straight time per day of standby duty. Section 2 . Shift Differential , Non-Sworn Personnel . Each employee in the classes of Animal Control Officer I, Animal Control Officer II, Forensic Specialist I , Forensic Specialist II , Police Communications Supervisor, Police Property & Evidence Specialist, Police Service Officer, and Police Services Dispatcher, who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one- half (4 1/2) hours between the hours of 5 : 00 P.M. and 7 : 00 A.M. will be paid a shift differential at a rate set ten (10) salary rate ranges (5 . 0%) above his or her then current base monthly salary step . Section 3 . Bilingual Pay. Qualified employees who meet the following criteria will be paid a monthly pay differential, above his or her base monthly salary step, as follows : A. Assignment by the Chief of Police or his designee to a position requiring bilingual capability in both English and one of the following languages : Spanish, Samoan, Vietnamese, Hmong or other language designated by the City Manager; and B. Certified by the Chief Personnel Officer as having satisfactorily demonstrated the required level of fluency in both languages . C. Street Level Proficiency in Spanish. A Police Officer or Police Sergeant who successfully meets the "Street Level Proficiency" requirements set out in the departmental Spanish training program shall be paid a bilingual pay differential in an amount equal to the product obtained by multiplying the base salary rate being paid to an employee in the rank of Police Officer at Step "E" by two and one-half percent (2 . 5%) (five [5] salary rate ranges) . 1 . Employees receiving "Street Level Proficiency" incentive pay will be required, as a condition of continued eligibility to receive such incentive pay, to successfully complete an eight (8) hour 8 refresher course once every twelve months from the date of initial certification. 2 . "Street Level Proficiency" is part of a pilot program and its success will be evaluated on an ongoing basis . If at any time it is clear to the City Manager that the program is not completely successful in delivering expected results, the program will cease to exist . However, the employees who had successfully completed the coursework and the qualifying examination will receive the bilingual pay for the duration of the current contract period, provided they meet the requirement as set forth in Subsection C, Paragraph 1, above . D. Complex Level Proficiency in Spanish. All employees in the classifications of Police Officer and Police Sergeant who successfully meet the "Complex Level Proficiency" requirements set out in the departmental Spanish training program shall be paid a bilingual pay differential in an amount equal to the product obtained by multiplying the Step "E" base salary rate of Police Officer by five percent (5 . 096) (ten [10] salary rate ranges) . E. All employees in classifications represented by this Agreement, other than those specifically described in Subsections C and D above, shall be paid a bilingual pay differential of one hundred fifty dollars ($150 . 00) per month after successfully meeting the requirements for "complex level proficiency. " Section 4 . All assignments to positions set forth in Sections 1, 2 , 3 above of sworn and non-sworn personnel shall be made or revoked in a fair manner at the discretion of the Chief of Police . ARTICLE VI - POLICE CAREER DEVELOPMENT PROGRAM Section I . Definitions . For the purpose of clarifying the criteria for the Police Career Development Program designations set forth in Sections 3 through 8 of this Article, the following definitions apply: A. Educational Units . One (1) completed "semester" unit in an academic course of instruction approved by the Chief of Police and in an accredited college or university shall equal one (1) educational unit . One (1) "quarter" unit achieved in an educational institution as above shall equal two-thirds (2/3) of an educational unit . "Trimester" units or other standards of 9 measurement used as a basis in awarding scholastic credits will be accorded the same evaluation and weight as provided by the respective accredited college or university. Only completed coursework credited with a letter grade "C" or better (when evaluated by the "Pass/Fail" method) will be accepted. If such ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. B. Training Units . Twenty (20) classroom hours or its equivalent of approved police training shall equal one unit . Regular, periodic on-the-job training programs shall not be considered as fulfilling this requirement . Neither shall the special training required for Crime Scene Investigators and Advanced Officers or other similar mandatory training (e .g. , First Aid, C.P.R. Recertifications, etc . ) nor the basic introductory training or similar training given an employee during his or her probationary period be given credit for the awarding of training units . 1 . When college credit is awarded for special training in police work such units of credit may be counted for either training units or educational units as the officer may select . 2 . Training units may be earned by the assignment to and performance of sworn police officer duties (other than uniformed field patrol work in Field Operations Division) with one (1) full and continuous month of such assignment equal to one (1) training unit . Credit for experience in assignments other than patrol work in Field Operations shall not be given, unless at least three (3) full and continuous months of such assignment have been completed. Not more than six (6) units of training through assignment to non-patrol duties may be earned in any one (1) year and not more than fifteen (15) such training units by assignment shall be used in meeting the criteria for the Police Career Development Program designations as set out in this Article . Section 2 . Crime Scene Investigator (C.S . I . ) . Any sworn, safety-member Police Officer who attains the following educational and experience requirements and the approval as set out below shall be paid an additional five (5) salary rate ranges (2 . 5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows : A. Completion of two (2) years of experience as a sworn Police Officer, at least one of which shall be in the Santa Ana Police Department . B. Completion of at least thirty (30) educational and/or training units . 10 C. Assignment to and actual performance of the duties and responsibilities of a C. S . I . D. Completion of a special training course for Crime Scene Investigators as developed and administered by the Santa Ana Police Department or such alternative course as designated for such purpose by the Chief of Police . E . Approval of the Chief of Police . The number of such designations as C. S . I . shall be no larger than the requirements of the department as determined by the Chief of Police . Section 3 . Senior Police Officer I . Any sworn, safety-member Police Officer, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Officer I and shall be paid at a rate set fifteen (15) salary rate ranges (7 . 5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows : A. Completion of five (5) years of municipal police experience and attainment of the "E" Step of the base salary rate range for the Police Officer classification. B . Completion (acquisition) of at least sixty (60) educational and/or training units . C. Approval of the Chief of Police . Section 4 . Senior Police Officer II . Any sworn, safety-member Police Officer who fulfills the requirements established in this section shall be designated as a Senior Police Officer II and shall be eligible to receive career incentive pay differential set forth in Subsection "B" below: A. The criteria for such designation shall be as follows : 1 . Completion of seven (7) years of municipal police experience and attainment of the "E" Step of the base salary rate for the Police Officer classification. 2 . Completion (acquisition) of at least ninety (90) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units . 3 . Approval of the Chief of Police . B . Pay Differential : A Senior Police Officer II will be paid a career incentive pay differential at a rate of twenty-five (25) salary ranges (12 . 5%) set above his or her then current base monthly salary step . 11 Section 5 . Senior Police Officer III . Any sworn, safety-member Police Officer who fulfills the requirements established in this section shall be designated as a Senior Police Officer III and shall be eligible to receive career incentive pay differential set forth in Subsection "B" below. A. The criteria for such designations shall be as follows : 1 . Completion of nine (9) years of municipal police experience and attainment of the "E" Step of the base salary rate for the Police Officer classification. 2 . Completion (acquisition) of at least one hundred twenty (120) educational/training units; or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units . 3 . Approval of the Chief of Police . B. Pay Differential : A Senior Police Officer III will be paid a career incentive pay differential at a rate of thirty (30) salary rate ranges (15%) set above his or her then current base monthly salary step. Section 6 . Senior Police Sergeant I . Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Sergeant I and shall be paid at a rate set fifteen (15) salary rate ranges (7 . 5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows : A. Completion of five (5) years of municipal police experience. B . Completion (acquisition) of at least sixty (60) educational and/or training units . C. Approval of the Chief of Police . Section 7 . Senior Police Sergeant II . Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Sergeant II and shall be paid at a rate set twenty (20) salary rate ranges (10%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows : A. Completion of seven (7) years of municipal police experience and attainment of "E" Step of the base salary rate range for the Police Sergeant classification. 12 B. Completion (acquisition) of at least ninety (90) educational and/or training units; or possession of an Associate of Arts academic degree from an accredited college with an additional thirty (30) or more education or training units . C. Approval of the Chief of Police . Section 8 . Senior Police Sergeant III . Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who fulfills the requirements established in this section shall be designated as a Senior Police Sergeant III and shall be paid at a rate set twenty-five (25) salary rate ranges (12 . 5%) above his or her then current base monthly salary step . The criteria for such designation shall be as follows : A. Completion of nine (9) years of municipal police experience and attainment of "E" Step of the base salary rate range for the Police Sergeant classification. B . Completion (acquisition) of at least one hundred twenty (120) educational/training units; or possession of an Associate of Arts academic degree from an accredited college with an additional sixty (GO) or more educational/training units . C. Approval of the Chief of Police . ARTICLE VII - TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM Section 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. Section 2 . Eligibility. A. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. B . Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G. I . Bill, scholarships, etc . 13 C. Applications will be approved only for courses directly related to the employee' s job or directly related to a promotional position in the employee' s occupational specialty. D. Courses not ostensibly related to the employee' s job, but which are required to qualify for degree that is directly related to his or her job may be reimbursable only after all required occupationally related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course . If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. F. Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of the various Boards of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Personnel Services Department . G. When an employee is required by his or her department head to attend a particular course or seminar, the expense shall be borne entirely by the City. Section 3 . Reimbursement . A. Reimbursement will be based on the cost of tuition or registration fees and all required texts and related material for each course . Additional expenses such as meals and parking fees are not reimbursable. B. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions : 1. That a duplicate of the required text (s) was unavailable for loan from the departmental libraries prior to the commencement of coursework; 2 . That any textbook (s) purchased by the City shall be submitted to the employee' s respective departmental library in order that such text (s) may be made available to all employees . C. Tuition or registration costs of one hundred dollars ($100 . 00) or less are eligible for one hundred percent (100%) reimbursement . Tuition costs in excess of one hundred dollars ($100 . 00) are eligible for seventy-five percent (75%) reimbursement . Maximum tuition reimbursement per semester is five 14 hundred dollars ($500 . 00) with a maximum of $1, 500 a year. NOTE: Summer session shall be counted as a separate "semester" for purposes of the program. D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units which is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal two-thirds (2/3) of one (1) "semester" unit . Section 4 . Procedures . A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance form and submit it to his or her department head. B . The department head will recommend approval or disapproval and forward the application to the Chief Personnel Officer. C. The Chief Personnel Officer will approve or disapprove the application for the City Manager. One copy will be returned to the employee and the duplicate copy will be retained in the office of the chief personnel officer. It is advisable that the applicant accomplish the procedures so far described in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy prior to the inception of the course or disbursement of personal funds . D . The employee will submit his/her copy of the approved application to the Personnel Services Department within three months after he/she has completed the course and received his/her final grade . The employee must include official verification of his/her final grade with appropriate receipts for tuition and textbook costs . These will be returned to the employee upon request . Applications not submitted to the Personnel Services Department within three months following completion of the course become void. • E. Upon receipt of the application and required documentation, the Personnel Services Department will •determine whether the completed course of instruction is compatible with the provisions of Sections 2 and 3 of this article . If found to be compatible, the Chief Personnel Officer will compute the amount of reimbursement, authenticate the application and forward it to the employee' s department head. F. The department head will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget of the department concerned. 15 ARTICLE VIII - OVERTIME Section 1 . General Policy for Overtime Work. Whenever it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Chief of Police, or an authorized representative of the City Manager or Chief of Police, may require an employee to perform overtime work. Section 2 . Definition. A. Overtime for those employees working the 3/12 - 4/12 work schedule shall be defined as that authorized or required time worked in excess of the eighty (80) hours and thirty (30) minutes required to complete a two week workperiod. B . For all employees, other than those working the 3/12 - 4/12 Work Schedule, overtime work is defined as that authorized or required time worked in excess of the regular workday and/or workweek except that work amounting to less than thirty (30) minutes in excess of an employee' s regular workday shall not be considered overtime . Effective April 15, 1986, said thirty-minute per-day overtime exclusion shall apply only to employees exempted from coverage under the overtime provisions of the Fair Labor Standards Act (FLSA) . A workweek is a fixed and regularly recurring period of 168 consecutive hours - 7 consecutive 24-hour periods - as designated by the appointing authority. Section 3 . Computation of a Workday, Work Week, Workperiod. Paid leave for holidays, sickness, vacation, and other time off with pay shall be credited towards the total time worked in computing a regular workday, and/or a workperiod, as defined herein. Section 4 . Compensation for Overtime . A. The preferable method by which overtime shall be compensated is by monetary payment, at one and one-half (1-1/2) times the employee' s regular rate of pay. B . Should the Chief of Police determine that the best interests of the City will be served thereby, he or his designee may permit an employee to be compensated for overtime work by taking paid compensatory time off at the rate of one and one-half (1-1/2) times the employee' s regular rate of pay. C. Eligible employees may convert time and one-half (T 1/2) paid overtime to time and one-half (T 1/2) compensatory time off, with the prior permission of the employee' s supervisor and subject to the operational needs of the department . This conversion 16 shall be limited to the accumulation of eighty (80) hours of earned, unused compensatory time off benefits . Twice during each calendar year, on April 1st and December 1st, each affected employee having accrued compensatory time off credits, may elect to convert up to forty (40) hours of such accrued time off credits to the cash equivalent thereof, to a maximum of eighty (80) hours per calendar year. D. Time off with pay to compensate for overtime worked may be accumulated, subject also to limitations herein elsewhere provided, to a maximum of eighty (80) hours. E . Because each hour of overtime worked is programmatically accrued on a time and one-half (T 1/2) basis, compensatory time off will be taken, and monetary payment will be paid, on a straight-time basis. Also, upon termination, any earned, unused compensatory time off ("time-on-the-books" ) will be paid on a straight-time basis . Section 5 . Incremental Usage . Time off with pay to compensate for overtime worked may be taken in increments as small as one-half (1/2) hour. Section 6 . Excess Usage. If compensatory time off is used in excess of that available such excess compensatory time off will, first, be deducted from any available vacation benefits and finally, deducted from the next scheduled wage or salary payment . Section 7 . No Effect on Other Benefits . Overtime work shall not apply to the earning of employee benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance benefits) , toward the completion of probationary period or to progression within a salary rate range. Section 8 . Overtime Work to be Apportioned. To the extent that he/she is reasonably able to do so, the Chief of Police shall arrange work programs to minimize overtime work; necessary overtime work shall be apportioned among employees of like classification and assignment . Section 9 . Advance Compensation for Overtime . Time off with pay as compensation for overtime may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. Section 10 . Compensation for Overtime : Exclusions . No overtime pay or compensatory time off with pay shall be allowed an 17 employee for attendance at conventions, conferences, seminars or the like, unless such employee is ordered to attend. Overtime pay or compensatory time off with pay shall be permitted only for attendance on such employee' s normal days off or for time beyond a normal workday' s duration. Overtime pay or compensatory time off with pay shall not be allowed for travel time to and from conventions, association meetings, conferences, seminars or the like, should such time occur outside the employee' s normal work schedule, unless the employee is ordered to attend. Section 11 . Compensation for Overtime : Other Exclusions . For employees on 3/12 - 4/12 Work Schedule, training or attendance at conventions, conferences, seminars for the duration of the day, or the like, held outside the City limits, in lieu of an employee' s regularly scheduled 11 hour 30 minutes shift, will count as 10 hours worked, including travel time, and thus the employee will be left with 1 hour 30 minutes balance . This time will be reimbursed from the employee' s "Time Off Bank" or from the employee' s compensatory time balance . Training held within the City limits for less than 8 hours or outside the city will be accounted for on an hour-to-hour basis except employees attending training outside the city limits may be eligible for 2 hours of travel time . However, it is the City' s intent to minimize the chargeback to paid time by the employee through effective planning of training programs . Section 12 . Call-Back-Duty. Any employee covered by this Agreement who is recalled to active duty from off-duty, shall be entitled to overtime pay at the rate of one and one-half (1-1/2) times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or to two (2) hours' pay at the normal rate of pay, whichever is greater. Section 13 . Accrued Overtime Paid Upon Promotions or Upon Separation. Upon an employee' s appointment to a position in which overtime may not be earned or upon an employee' s separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. Section 14 . Court Appearance . Compensation for court appearance by personnel covered by this Agreement shall be as follows : A. For each court appearance made by an employee during his or her off-duty time in regard to city business three (3) hours' overtime will be granted and paid on a straight time basis . If court appearances are made both in the morning and afternoon of a particular day, three (3) hours will be allowed for each session attended. The employee must provide a copy of the subpoena requiring his or her attendance to initiate payroll procedures . 18 Such employee may not receive time off with pay as compensation for overtime accrued as a result of court appearances . B . A subpoenaed employee scheduled to appear in court on City business during off-duty time may be placed on stand-by status by his or her department head or authorized representative . In the event such off-duty employee is on stand-by status during any court session and is not required to appear in court, such employees shall be compensated two (2) hours' overtime, paid on a straight time basis, for each court session. If such off-duty employee on stand-by actually appears in court, he or she shall be compensated only as provided in Subsection A, supra. Any employee on stand-by status who fails to appear in court ready to testify within (30) minutes after notification to appear shall not receive compensation for either stand-by or for appearance . C. Notwithstanding Subsections A and B, supra, whenever an employee either commences or terminates his or her on-duty shift while he or she is appearing in court or is on stand-by status, his or her sole compensation for off-duty time spent in court or on stand-by shall be on a straight time basis paid in half-hour increments . D. Effective April 15, 1986, the above provisions of this Section shall apply only to personnel exempted from coverage under the overtime provisions of the FLSA. E . Employees assigned to a 3/12 - 4/12 Work Schedule who appear in court during their regularly scheduled workweek, and as a result do not receive adequate rest, will be allowed to flex their scheduled shift start time up to four hours, with the approval of the employee' s immediate supervisor and watch commander, or immediate supervisor and section commander. Alternatively, the employee may be allowed to use up to four hours from "Time Off Bank" or from compensatory time off at the beginning of their scheduled shift to ensure adequate rest . Section 15 . Creation of Compensation Time Bank. A. Any member of the Association who works overtime, or has accrued but unused holidays, can designate that he or she will contribute the value of such time to a bank for use by members of the Association for the purposes and subject to the restrictions provided herein. B . Any member of the Association may receive time off for the welfare of officers, community service and any lawful activity of the Association with pay drawn from the bank described in Subsection A of this Section, provided that said employee first gain approval for said use by the executive board of the Association in the manner specified by its rules as adopted from time to time, and subject to the approval or disapproval of the 19 Chief of Police consistent with the operational needs of the Police Department . C. No withdrawal or use of such bank may be made by or on behalf of an employee ordered to take time off without pay for discipline imposed by the Chief of Police or his designee . Section 16 . Declaration of State of Emergency. Emergencies shall be governed by the provisions of Santa Ana Municipal Code Section 9-194 . Section 17 . Compensation of Voluntary Contract Overtime. Exclusive of other provisions of this Article, except Section 7 (No Effect on Other Benefits) supra, Police Officers and Police Sergeants who voluntarily agree to perform contract security services at games, parades, dances and similar public events shall be compensated at the rate of one and one-half (1-1/2) times the employee' s regular rate of pay. The Chief of Police shall determine how many off-duty police officers should serve as security officers at each event . Police Officers and Sergeants represented by the Association shall be given first opportunity to volunteer for said off-duty assignments . If, after a reasonable period of time, an insufficient number of police officers have volunteered to work such assignments, the Chief of Police may offer the remaining "openings" to any person (s) he deems capable of performing the work at whatever straight-time pay rate the City considers to be appropriate . ARTICLE IX - HOLIDAYS Section 1 . Legal holidays observed by full-time permanent and probationary employees covered by this Agreement 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. (Effective January 1990) o Third (3rd) Monday in February - In memory of George Washington' s Birthday. o Last Monday in May - In commemoration of Memorial Day. o July 4th - In observance of Independence Day. o First (1st) Monday in 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 December 25th - In observance of Christmas Day. o Last working day before Christmas Day, unless Christmas falls on a Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof . 20 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. Section 2 . Full-time permanent and probationary employees covered by this agreement shall be entitled to receive 96 hours off during the calendar year in lieu of the twelve (12) holidays specified in Section 1, supra. The 96 hours will be added to the employee' s "Time Off Bank, " as described in Article X Section 6 at the beginning of the calendar year. Said "time off" 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 separated from the service of the City has taken time off for holidays in advance of the date or day the holiday actually occurred, he or she must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation. Section 3 . A newly appointed employee must actually work at least one day preceding the day a holiday listed in Section 1, supra, actually occurs in order to receive credit for such holiday. The employee will then be credited with all remaining holidays in the year occurring after the appointment . An employee separating from the service of the City must actually work at least one day following the day a holiday listed in Section 1, supra, actually occurs in order to receive credit for that holiday. A newly appointed employee must complete six (6) months of continuous full-time service in order to receive credit for the Floating Holiday listed in Section 1 above . Section 4 . This "time off, " as defined in Article X, Section 6, may be taken in increments as small as one half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one half (1/2) hour. Section 5 . Holiday benefits may not be carried over from one calendar year to the next . ARTICLE X - VACATION Section 1 . Purpose. It is the policy of the City to grant 21 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. Section 2 . Regular Vacation Period. A. Regular vacation with pay is granted to each full-time permanent or probationary employee at the rate of 15 working days for each completed year of service, accrued at the rate of 10 working hours for each completed month of service . Employees hired after August 9, 1979 shall be granted regular vacation at the rate of 10 working days for each of his or her first and second completed year of service, accrued at the rate of 6 2/3 hours for each completed month of service. Thereafter, all such employees shall be granted regular vacation at the rate of 15 working days for each completed year of services, accrued at the rate of 10 working hours for each completed month of service. B . An employee who has completed less than one year' s service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he or she has completed six (6) months of continuous service . C. On or after the first (1st) day of the month following completion of six (6) months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee' s supervisor. D. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service for vacation accrual purposes . E . Computation of Regular Vacation: 1 . In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one (1) additional day of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays . Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician' s statement and approval of the Chief of Police, may be deducted from the computation of vacation expended and charged against the employee' s accumulated sick leave. 2 . No employee may carry over from one calendar year to the next, more than the equivalent of two (2) regular vacation 22 periods from the previous two (2) years, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A, supra. 3 . No employee shall have a right to accumulate or split his or her vacation, but the same may be allowed or required by the Chief of Police . Section 3 . Longevity Vacation. A. Each permanent employee is granted additional work days of vacation leave with pay for each computed year of full- time, continuous city service as set forth in the following table . This additional vacation shall be designated longevity vacation. Completed Additional Hourly Equivalent Years Days of Additional Days 6 1/2 4 7 1 8 8 1-1/2 12 9 2 16 10 2-1/2 20 11 3 24 12 3-1/2 28 13 4 32 14 4-1/2 36 15 5 40 16 6 48 17 7 56 18 8 64 19 9 72 20 10 80 B . No employee becomes eligible for longevity vacation until completion of the sixth year of continuous service, and each employee continues to earn the maximum of ten (10) working days (80 hours) of longevity vacation for each completed year of service in excess of twenty (20) years . C. A period of earlier service does not apply toward longevity vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9-114 of the Civil Service Rules and Regulations, or by reemployment from layoff within two (2) years . D. Leave of absence without pay, as provided in Article XI , Section IE (Sick Leave-Extended) and Section 8 (Authorized Absence Without Pay - Long Term) herein, does not constitute a break in continuous service as used in this section; however, the 23 leave of absence period shall not be applied toward the accumulation of longevity vacation. Absence on military leave followed by reinstatement, as provided in Section 9-116 of the Civil Service Rules and Regulations, does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of longevity vacation. Section 4 . Limitation on Vacation. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take, any vacation leave with pay in excess of fifty (50) working days (400 hours) in any one year by any combination of the vacations granted in this Agreement . Further, no employee may carry over from one calendar year to the next more than the equivalent of one longevity vacation period and the equivalent of one regular vacation period from the previous two (2) years, and vacation not taken beyond that amount is forfeited. Therefore, the maximum vacation that an employee with less than six (6) years' service could accumulate is thirty (30) working days (240 hours) and only an employee with more than twenty (20) years' service could carry over and take the authorized maximum of fifty (50) working days (400 hours) in any one year. Notwithstanding the foregoing, for any affected employee who is in jeopardy of losing vacation because of department staffing needs, the Chief of Police may provide for a 30-day extension beyond the normal cut off date so that such employee will not lose vacation time . Section 5 . Excess Usage. If vacation time off is used in excess of that available, such excess vacation time off will be, first, deducted from any available compensatory time off accrual ; finally, deducted from the next scheduled wage or salary payment . Section 6 . Time Off Bank Effective January 1, 1994 , an Employee Time Off Bank will be established for each employee in the unit . Time off will be computed on an annual basis and will be composed of allowable vacation and holidays based on existing policies . The time off from this bank may be taken in increments as small as one half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one half (1/2) hour. Each affected employee shall be afforded the opportunity to submit time off selection (s) and the Chief of Police or his designee shall make every reasonable effort to accommodate the employee' s preference (s) . The time at which an employee shall take his or her leave time shall be determined by the Chief of Police, with due regard for the wishes of the employee and particular regard for the needs of the service . 24 NOTE : All other policies and procedures described in Article IX "Holiday" and Article X "Vacation" will apply to the Time Off Bank. However, no employee will be allowed to carry a negative balance in the Time Off Bank. ARTICLE XI - OTHER LEAVES OF ABSENCE Section 1 . Sick Leave. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness or injury that prevents the employee from performing the duties of his or her position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease . All "safety member" employees hired after July 1, 1981, and all persons employed as "safety members" by the City as of July 1, 1981, with five years of service or less shall not be entitled to use sick leave during periods of absence due to industrial illness or injury or to extend any leave of absence due to industrial illness or injury which leave is compensable under Labor Code Section 4850; provided that when said employees working for the City as of July 1, 1981, who then have five (5) years of continuous service with the City, they shall be able to use such leave during such absences in the same manner and to the same extent as persons employed as "safety members" by the City as of July 1, 1981, who have already completed five (5) years of continuous service with the City. B. Accrual . Each employee shall be entitled to, and shall earn, one (1) working day (8 hours) of sick leave for each full calendar month of service in which he or she is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. Notwithstanding the foregoing, employees on leave of absence for service-connected illness or injury who are covered by the provisions of Labor Code Section 4850, shall continue to accumulate one (1) day of sick leave (8 hours) for each full calendar month of service for which he or she is employed by the City with full pay during said absence for service-connected illness or injury. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows : 1 . Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of 25 necessity and actual sickness or disability, or as authorized in Subsection J below. 2 . With respect to "miscellaneous-member" employees covered by this Agreement, when such an employee' s absence is caused by an industrial illness or injury, for which benefits are required to be provided under the State Workers' Compensation Insurance and Safety Act, the City shall pay 100% of salary for the first three (3) days of such absence and sick leave shall not be debited. D. Limit . The maximum total accumulation of sick leave with pay shall be two hundred (200) working days (1600 hours) . Sick leave usage of less than a full day shall be charged in minimum increments of one (1) hour, with fractional usage rounded upward to the next higher multiple of one (1) . E . Extended. The City Manager may grant leave up to six months without pay to an employee who has exhausted all of his or her accrued sick leave if the City physician or a licensed physician designated by the City Manager indicates that the employee will be sufficiently recovered to return to his or her employment within a six (6) months' period. Prior to the expiration of the additional time, the employee may return to his or her position provided that he or she has a certificate from one of the above mentioned physicians stating that the employee is able to perform all the duties of his or her position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. F. Extension by Use of Vacation. After an employee' s sick leave has been exhausted he or she may be granted permission to take any earned vacation he or she may have accrued. G. Notice . The employee taking sick leave shall notify his or her immediate supervisor not less than one (1) hour prior to the time he or she is scheduled to report for duty. When the absence is more than three (3) consecutive working days, the employee must present to his or her department head a physician' s certificate stating the cause of illness and 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 Chief Personnel Officer with the report of the return of the employee to work. A physician' s certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration of less than three (3) days . H. Denial . No employee shall be entitled to sick leave 26 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 compensatory time off benefit; second, from any available vacation leave benefit; finally, deducted from the next scheduled wage or salary payment . J. Personal Necessity Leave. Each employee shall be afforded the opportunity to use up to three (3) days (24 hours) of sick leave benefits per calendar year (on a non-cumulative basis) for "personal necessity leave, " which circumstances shall include serious accidents or illnesses to members of the employee' s immediate family, childbirth, imminent danger to the employee' s home or other valuable property, or the existence of external circumstances beyond the employee' s control making it impractical for him/her to report for duty. K. Payment for Unused Sick Leave . 1 . Except in cases of disability retirement, 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 payment for one-third (1/3) of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 53 . 33 working days, at the rate of pay effective on the date of such termination. At the employee' s election, payment for unused sick leave may be received in either a lump sum of money, or in equal monthly payments for a period of up to five (5) years . 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 one-third (1/3) of the total sick leave benefit credited to the employee' s account at the time of his or her death, and at the rate of pay effective on the date of death. 2 . At his or her option, an employee may convert any lump sum payment provided herein into health insurance premiums, to the extent necessary to provide the employee and his or her designated eligible dependents, if any, with benefits under the health insurance program maintained by the Association. The City' s obligation to pay such premiums shall be terminated when the sum of premiums paid equals one-hundred fifty percent (1500) of the amount 27 of the lump sum payment that the employee would have received for unused sick leave benefits had this option not been elected. 3 . Effective June 30, 1993 , after 15 years of cumulative full time service with the City (except for disability retirement or disciplinary termination) , each qualified employee shall be entitled to receive credit for 2/3 of their total sick leave benefits calculated at their current pay rate; this credit shall be applied only toward monthly health insurance premiums, beginning on the effective date of termination. The City' s obligation to pay such premiums to the Association on behalf of the employee shall be terminated when the total credit as described above has been exhausted. Section 2 . Bereavement Leave . An employee shall be granted up to three (3) days (24 hours) leave without loss of pay in case of death of a member of the employee' s immediate family. 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. Section 3 . Military Leave . A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Chief Personnel Officer satisfactory proof of his or her orders to report for duty. Upon return and upon showing proof of actual service _ pursuant to such orders, he or she will be reinstated as provided in Section 9-116 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) calendar days in each calendar year after one year' s service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. Section 4 . Jury and Witness Leave . When an on-duty employee is called to serve as a juror or a non-party witness in any court 28 action, he or she shall be allowed leave for the time actually required for such service, without loss of pay. Each on-duty employee called for such service shall present to his or her department head for examination the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. Section 5 . Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required, without loss of any accrued vacation or compensatory time off benefits . Section 6 . Unauthorized Absence . Unauthorized absence from duty for any duration of time may be considered cause for dismissal . Absence from duty without leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if upon return to duty the person so absenting himself makes an explanation satisfactory to the department head of the cause of his absence, the department head may restore him to his position, with the City Manager' s approval . Section 7 . Authorized Absence Without Pay. Absence without pay not to exceed five (5) consecutive working days, may be authorized by the department head. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the department with the approval of the City Manager. Such absences may be authorized only if in the judgment of the department head they serve the best interest of the City. Section 8 . Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status plus action by the department head recommending approval of the request, the City Manager may grant a leave of absence for up to six (6) months for the following reasons only, except as otherwise provided in these rules : A. Illness of the employee, or of a member of his or her immediate family residing in the employee' s household, requires that the employee move from the vicinity of the City as a remedial health measure and a designated physician indicates that such removal from the City is necessary and will not be required for longer than six (6) months; or B. The employee has been appointed by another municipality to a position of greater responsibility in a field of employment wherein the employee possesses special competence, and such appointment constitutes an advancement in responsibility and authority over that required in his/her employment with the City of Santa Ana. 29 An employee returning to duty with the City shall inform the department head and Chief Personnel Officer of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or shorter period if the full six (6) months is not taken. Upon receipt of such notice, the department head will take steps necessary to restore the employee to his or her former position. Section 9 . Administrative Leave . The City Manager is authorized to grant, at his discretion, administrative leave with or without pay for permanent employees if, in his opinion, such a leave is in the interest of the City. Section 10 . Industrial Leave . A. Each "safety member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injury covered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid his or her normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850 . B. Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustment or to the accrual of vacation and seniority. ARTICLE XII - EMPLOYEE INSURANCE Section 1 . During the term of this Agreement the City will contribute toward the payment of premiums for health, dental and long-term disability insurance plans administered by the Association for the benefit of the employee represented by the Association as follows : A. Health Insurance . Effective July 1, 1993 , the City will contribute into the Santa Ana Police Officer Association Medical Insurance Trust Fund a maximum of $360 . 00 per month for each eligible employee enrolled in health insurance plans provided by the Association for its bargaining unit members and their eligible dependents . Any contribution necessary to maintain benefits under said health insurance plan in excess of $360 . 00 per month shall be borne entirely by the Association and/or the employees . 30 Effective July 1, 1994, the City will contribute into the Santa Ana Police Officer Association Medical Insurance Trust Fund a maximum of $385 . 00 per month for each eligible employee enrolled in health insurance plans provided by the Association for its bargaining unit members and their eligible dependents . Any contribution necessary to maintain benefits under said health insurance plan in excess of $385 . 00 per month shall be borne entirely by the Association and/or the employees . B . Dental Insurance. Effective July 1, 1993 , the City will contribute into the Santa Ana Police Officer Association Medical Insurance Trust Fund a maximum of thirty dollars ($30 . 00) per month for each affected employee enrolled in dental insurance plans provided by the Association for its bargaining unit members and their eligible dependents . Any contributions necessary to maintain benefits under said dental plans in excess of $30 . 00 per month shall be borne entirely by the Association and/or the enrollees . C. Long-Term Disability (L.T.D. ) Insurance . The City shall continue to contribute to the Santa Ana Police Officer Medical Insurance Trust Fund an amount toward the payment of premiums for each employee who is enrolled in the long-term disability insurance plan provided by the Association for employees covered by this Agreement in accordance with the following schedule : 1 . With respect to sworn, "safety-member" police personnel, up to a maximum of sixty-eight dollars ($68 . 00) per month per enrollee . 2 . With respect to non-sworn, "miscellaneous-member" personnel, up to a maximum of sixty-four dollars ($64 . 00) per month per enrollee . Any contribution necessary to maintain benefits under such long-term disability insurance plan provided by the Association for covered employees in excess of the amounts set forth as above shall be borne by the Association and/or the enrollees . Section 2 . Life Insurance . The City shall maintain in effect for the term of this Agreement its existing life insurance plan for employees covered by this Agreement on the same basis as said plan was offered to employees as of December 31, 1988 except the term life insurance coverage for each affected employee will be in the amount of twenty thousand dollars ($20 , 000) , plus twenty thousand dollars ($20, 000) accidental death and dismemberment (AD + D) coverage, at no cost to the employee . Section 3 . Employees on unpaid leave of more than 15 calendar days shall not receive the City' s contribution toward any insurance 31 coverage . The Police Department will notify the Association of all employees on unpaid leave or who separate from City employment within three (3) working days . The City will continue the payment of contribution for insurance coverage until the end of the month in which the Association had received notice from the City of the employee' s separation from employment . ARTICLE XIII - RETIREMENT Section 1 - General . The City shall continue to make contributions to P.E .R.S. in accordance with its contract with P.E.R. S for employees covered by said contract as amended on January 1, 1990 . Section 2 - Deferred Retirement . The City shall continue to make payment to P.E.R. S . on behalf of each employee covered by this Agreement in accordance with the following schedule : A. With respect to "safety-member" employees, the City shall pay an amount equal to nine-ninths (9/9ths) of his or her individual employee retirement contribution. B. With respect to "miscellaneous-member" employees covered by this Agreement, the City shall pay an amount equal to 100% of his or her individual employee retirement contribution. Such payments shall be credited to the individual employee' s P.E.R. S . account . Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this Agreement shall be changed or deemed to have been changed by reason thereof . As a result, the City will not treat these payments as ordinary income and thus, will not withhold federal or state income tax from said payments . The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, not ordinary income. In the event that the City receives a subsequent ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City' s obligation to make such payments shall discontinue and in place thereof the base salary of each affected employee shall forthwith be increased by eighteen (18) salary rate ranges (9 . 0%) for "safety-member" and fourteen (14) salary rate ranges (7 . 0%) for all "miscellaneous-member" employees covered by this Agreement . For the purpose of reporting an employee' s compensation to P.E.R. S . , the City shall include these payments as if they were a part of the employee' s base salary. 32 C. Effective July 1, 1994, the City will provide P .E .R. S . third level of 1959 Survivors Benefit to all eligible employees in the unit . ARTICLE XIV - RELEASE TIME FOR ASSOCIATION REPRESENTATIVE During the term of this Agreement, the City agrees to grant full- time release from duty for one (1) Association representative for the conduct of Association affairs subject to the following: Section 1 . The Association shall reimburse the City for one hundred percent (100%) of salary (including any salary additives, such as career incentive pay) and benefit costs . Such reimbursement may be from the bank established pursuant to Section 15 of Article VIII of this Agreement . Section 2 . The Association shall provide an insurance policy or policies, or certificate of such insurance, naming the City of Santa Ana, its officers, employees and agents as insured or additional insured, which provides coverage against liability for any and all claims and/or suits for damages or injuries to persons or property resulting from or arising out of any act or omission of said Association representative . Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than the following minimum amounts : One million dollars ($1, 000, 000 . 00) combined single limit or its equivalent . Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days notice thereof has been given in writing to the City of Santa Ana. Section 3 . The Association shall provide the City of Santa Ana with an insurance certificate from a workers' compensation insurance carrier certifying that it carries primary workers' compensation insurance on behalf of said Association representative and the policy shall not be cancelled nor the coverage reduced except upon ten (10) days' prior notice to the City of Santa Ana. Section 4 . The Association shall indemnify and save harmless the City of Santa Ana, its officers and employees, from and against any and all damage to property or injuries to or death of any person or persons, including property and employees or agents of the City of Santa Ana, and shall defend, indemnify and save harmless the City of Santa Ana, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind of nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors, or omissions, or arising out of the intentional or malicious acts of Association' s representative . Section 5 . The Association and the City of Santa Ana agree 33 that Association' s representative will not be required to carry out any peace officers' duties during such time that Association' s representative is on such full-time release from duty. The Association' s representative will be required to comply with the Rules and Regulations of the Santa Ana Police Department as they apply to off-duty employees, except such representative will not be required to report for duty for any purpose. Section 6 . Upon return to duty from such full-time release, the Association' s representative shall be restored to the same position without loss of any benefits as he or she would have occupied or accrued if there had been no disruption in duty status . ARTICLE XV - SAFETY The City and the Employees of the City agree to comply with all applicable federal, state and local laws, and City of Santa Ana regulations, which relate to health and safety. ARTICLE XVI - RESIDENCY Section 1 . Employees covered by this Agreement are permitted to reside outside the limits of Orange County, so long as such residency is not an unreasonable distance from, nor requires an unreasonable response time to, the particular employee' s place of employment . A. Any employee desiring 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 Chief of Police if he determines the intended residence is not an unreasonable distance from and/or does not require an unreasonable response time to the employee' s place of employment . B. If the Chief of Police refuses said request, the employee shall have a right to appeal said determination to the City Manager. ARTICLE XVII - DISCIPLINE Section 1 . Any permanent employee covered by this Agreement may only be disciplined in accordance with the standards and procedures and subject to all rights of appeal set forth in Santa Ana Municipal Code Sections 9-9 , 9-10, 9-118 . 1, et seq. Any probationary employee covered by this Agreement may be disciplined in accordance with the standards and procedures set forth in Santa Ana Municipal Code Sections 9-90 , 9-91, 9-118, and subject to review in accordance with the grievance review procedure contained 34 in this Agreement . Section 2 . In addition, a new section shall be added to the Municipal Code to provide as follows : A. In the event an employee is ordered to absent himself from the job based on probable cause and it is subsequently determined by the Department Head, the City Manager, Personnel Board or a court of competent jurisdiction, that cause did not exist for the ordered absence, the employee shall have restored to him any paid leaves of absence against which such absence may have been charged, and he shall be granted a retroactive leave of absence with pay for the time during which he was prohibited from performing the duties of his position, less any compensation paid to him by the City during such ordered absence unless such employee waives his/her rights to retroactive pay. B. In the event an employee is reduced, suspended and/or discharged, and upon appeal the City Manager, Personnel Board or a court of competent jurisdiction does not sustain such reduction, suspension, and/or discharge, the employee shall be entitled to his base rate or salary including all additives, vacation, and sick leave as if such unsustained reduction, suspension, or discharge had not been invoked. However, in no event shall an employee be entitled to any salary or credit for vacation and sick leave for any period of time covered by a suspension sustained on appeal or for any period of time waived by the employee as a condition to the granting of a continuance of any hearing on appeal . C. If during an absence for which an employee is paid pursuant to this Section, he earned any money which he would not have earned had he continued to perform the duties of his position, such sum shall be deducted from the salary otherwise payable to him pursuant to this Section. ARTICLE XVIII - GRIEVANCE REVIEW PROCEDURE Section I . Definition of Grievance . A grievance shall be defined as a timely complaint by an employee or group of employees or the Association concerning the interpretation or application of specific provisions of this Agreement, or of the rules and regulations governing personnel practices or working conditions of the City; except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by provision of the City Charter and the Civil Service Rules and Regulations . No employee shall suffer any reprisal because of filing or processing of a grievance or participating in the Grievance Review Procedure. Section 2 . Informal Process . 35 A. An employee must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of five (5) working days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. The supervisor will respond to the grievance within five (5) working days of receiving the grievance . C. If the grievance is not resolved at the immediate supervisor level, the employee within five (5) working days of the supervisor' s response will attempt to resolve the grievance on an informal basis through discussion with his or her Section Commander. The Section Commander will respond to the grievance within three (3) working days of receiving the employee grievance . D. Every effort shall be made to find an acceptable solution to the grievance through this informal process . E. In order that this informal process may be responsive, all parties involved shall expedite this process . If, within thirteen (13) working days, a mutually acceptable solution has not been reached at the informal level , the employee shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to his or her immediate supervisor. At this point, the grievance review process becomes formal . Should the grievant fail to file a written grievance, and in the manner specified above, within ten (10) working days after discussing the grievance with his or her Section Commander, the grievance shall be barred and waived. Section 3 . Formal Process . A. If the grievance is not resolved through the informal process, and a written grievance is filed within the time limits set forth above, the grievant' s immediate supervisor and Section Commander will add their comments and any justification they consider proper, sign it, and forward it to their Division Commander without undue delay, or in no case, more than three (3) working days . B. The Division Commander, after study of the case, shall attach his or her decision and reasons therefore, and return them to the employee within three (3 ) working days after receipt of the written grievance . C. If no satisfactory settlement has been reached at the division level , the employee may, within six (6) working days after receipt of the Division Commander' s decision and reason (s) therefore, carry the matter to the Chief of Police . To do so, the 36 employee shall describe on separate correspondence, the reason why he or she is not satisfied, and shall submit this, with the original form through his or her superior officer and Division Commander to the Chief of Police . Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Division Commander' s response . D. If the grievant files a written grievance to the Chief of Police in the manner and within the time limits specified in "C" above, then a conference shall be held at the request of the employee or the Chief of Police . E . The Chief of Police shall inform the employee of his action within ten (10) working days after receipt of the request for settlement . The original of the grievance form and the Chief' s decision shall be filed in the Personnel Records of the department . F. If no satisfactory settlement has been reached at the departmental level, the employee may, within six (6) working days after being informed by the Chief of Police of his decision on the matter, and the reasons thereof, submit the grievances in writing to the City Manager, or his duly authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Chief of Police' s response . The City Manager, after a careful review, shall render a final decision on the merits of the grievance, in writing, and return it to the grievant within fifteen (15) working days after receiving the grievance . A copy of the written grievance to the City Manager, and of the City Manager' s decision, shall be filed in the Personnel Records of the department and the grievant' s personnel jacket maintained in the Personnel Services Department . G. After the procedure set forth in this Article has been exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. ARTICLE XIX - DUES DEDUCTION AND INDEMNIFICATION Section 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. Section 2 . Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of 37 actions, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal or such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article . ARTICLE XX - CITY RIGHTS Section 1 . The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement . The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights : A. To manage the City generally and to determine the issues of policy. B . To determine the existence or non-existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services . D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 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 non-disciplinary reason, subject to the provisions of the City Charter, Municipal Code, federal and state law and this 38 Agreement . K. To establish and modify productivity and performance programs and standards . L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provision and procedures set forth in the City Charter and Santa Ana Municipal Code . M. To determine job classifications and to reclassify employees . N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this Agreement . O. To determine policies, procedures, and standards for selection, training, and promotion of employees . P. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations . R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement . S . To take any and all necessary action to carry out the mission of the City in emergencies . Section 2 . Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management' s rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in the Agreement . Section 3 . Except as modified by provisions of this Agreement, no employee covered by this Agreement shall suffer, during the term of this Agreement, a reduction in wages, hours or other economic compensation for which he or she is eligible and which he or she enjoyed prior to entering into this Agreement . ARTICLE XXI = STRIKES AND WORK STOPPAGES 39 Section 1 . Prohibited Conduct . A. The Association, its officers, agents, representatives, and/or members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out or any other unlawful job action by withholding or refusing to perform services . B . Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority. C. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 2, Association Responsibility, the City may suspend any and all rights and privileges, accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and dues deduction. Section 2 . Association Responsibility. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section lA of this Article, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 1A, and return to work. ARTICLE XXII - LAYOFFS The City shall follow and adhere to Santa Ana Municipal Code Section 9-119 regarding layoffs . Section 9-119 of the Santa Ana Municipal Code states : "All layoffs within the competitive service occasioned by the abolishment of a position, the combination of duties of two (2) or more positions, or the reduction in number of employees in a given class shall be governed by seniority in service and performance. Reemployment shall be in reverse order of layoff . " ARTICLE XXIII - MISCELLANEOUS PROVISIONS Section 1 . Physical Standards for Police Officers . The City agrees to formulate a Labor/Management committee to study and recommend physical standards for Police Officers and to develop incentives for the maintenance of required physical standards . Section 2 . Drug Testing. The City and the Association agree to have a "reopener" provisions to meet and confer regarding the 40 impact of the implementation of a drug testing policy by the City. ARTICLE XXIV - SOLE AND ENTIRE AGREEMENT Section 1 . It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement is not intended to conflict with federal or state law or the City Charter. Section 2 . The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly-adopted ordinances and resolutions and the affected employees will continue to be governed thereby during the term of this Agreement . ARTICLE XXV - WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT During the term of this Agreement, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by the Agreement or in the negotiations leading thereto, unless required by specific provisions of this Agreement, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Agreement . Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Agreement . ARTICLE XXVI - SEPARABILITY PROVISION Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. ARTICLE XXVII - TERM OF AGREEMENT The term of this Agreement shall be from July 1, 1993 , through June 41 30, 1995 . ARTICLE XXVIII - RATIFICATION AND EXECUTION The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations . The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Association and entered into this day of , 1993 . CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: By : MAYOR Dated: By : XECUTIVE DIRECTOR, PERSONNEL SERVICES SANTA ANA POLICE OFFICERS ASSOCIATION Dated: BY:/ / G • PRESIDEN at*By: CHARLES DWASSER, ESQ. ATTEST: 42 RK OF THE COUN IL APPROVED AS TO FORM: ��CITY A R E This Agreement has been ratified by the membership of the Santa Ana Police Officers/ Association. Dated: / - 5 By Approved as to content : C TY MANAGER 43 30, 1995 . ARTICLE XXVIII - RATIFICATION AND EXECUTION The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations . The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized represntatives of the City and the Association and entered into this 27 day of C;4t• , 1993 . CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: OR Dated: 1n . ((- 73 By: ECUTIVE DIRECTOR, PERSONNEL SERVICES roved as lipeantent SANTA ANA POLICE City Manager OFFICERS ASSOCIATION Dated: / 0 - ( `7 93 By:/ PR SI ENT By: / CHARLES DWASSER, ESQ. ATTEST: 42 ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY ATTORNEY This Agreement has been ratified by the membership of the Santa Ana Police Officers Association. Dated: By: Approved as to content : CITY MANAGER 43 EXHIBIT A ASSIGNMENT OF CLASSES REPRESENTED BY THE SANTA ANA POLICE OFFICERS ASSOCIATION TO SALARY RATE RANGES FOR FISCAL YEARS 1993-94 AND 1994-95 SALARY RATE RANGES EFFECTIVE : 7-1-93 7-1-94 CLASS TITLE NO. (MIN - MAX) NO. (MIN - MAX) PERS Safety Member Classes • Police Officer 587 ($3658-4448) 593 ($3765-4579) Police Sergeant 630 ($4511-5488) 636 ($4648-5650) PERS Miscellaneous Member Classes Animal Control Officer I 525 ($2703-3285) 531 ($2782-3381) Animal Control Officer II 555 ($3129-3803) 561 ($3221-3915) Background Investigator 540 ($2907-3533) 546 ($2995-3640) Darkroom Technician 520 ($2637-3205) 526 ($2717-3302) Detention Officer 540 ($2907-3533) 546 ($2995-3640) Forensic Services Supervisor 596 ($3822-4648) 602 ($3935-4787) Forensic Specialist I 530 ($2769-3365) 536 ($2853-3467) Forensic Specialist II 559 ($3192-3880) 565 ($3285-3994) Parking Control Officer 490 ($2277-2769) 496 ($2346-2853) Police Communications Supervisor 585 ($3622-4404) 591 ($3728-4533) Police Community Services Specialist 540 ($2907-3533) 546 ($2995-3640) Police Information Officer 557 ($3160-3841) 563 ($3253-3954) Police Investigative Specialist 540 ($2907-3533) 546 ($2995-3640) Police Property & Evidence Specialist 523 ($2676-3253) 529 ($2758-3352) Police Property & Evidence Supervisor 543 ($2950-3586) 549 ($3040-3695) Police Recruit 549 ($3040-3695) 555 ($3129-3803) Police Service Assistant 504 ($2439-2965) 510 ($2511-3052) Police Service Officer 520 ($2637-3205) 526 ($2717-3302) Police Services Dispatcher 545 ($2980-3622) 551 ($3067-3728) Rangemaster 520 ($2637-3205) 526 ($2717-3302) Senior Detention Officer 555 ($3129-3803) 561 ($3221-3915) Senior Parking Control Officer 510 ($2511-3052) 516 ($2587-3144) Traffic Services Specialist 540 ($2907-3533) 546 ($2995-3640) 44 EXHIBIT B BASIC SALARY AND WAGE SCHEDULE The City's basic salary and wage schedule provides for a number of ranges of pay rates (salary rate ranges) each comprised of five pay steps or rates. The salary rate ranges are identified by a three-digit number and the steps by the letters A to E inclusive. For non-management employees, the purpose of each step and the length of service required for advancement within the rate range are summarized as follows: A Step - Normal beginning pay rate. B Step - Automatic Increase - After 6 mos. ' service in next lower step. Also optional hiring rate. C Step - Automatic Increase - After 12 mos. ' service in next lower step. Also maximum hiring rate. D Step - Automatic Increase - After 12 mos. ' service in next lower step. E Step - Merit Rate - After 18 mos. ' service in next lower step. In the following salary schedule matrix, each salary range is identified by a three-digit number. The first two digits are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies the appropriate column. This three-digit range number locates "A" step of the range steps B, C, D and E are found in the column directly below "A" step. For example, "A" step of Range No. 401 is found to be $1476 by moving down the left column (Range No. ) to the number 40 (the first two digits of the Range No. ) , then horizontally to column 1 (the third digit of the Range No.) . The "A" step of $1476 has the remaining steps shown directly below, thus the full, five-step range is 1476-1549-1627-1708-1793. In the same manner, Range No. 455 is found to be 1921-2017-2118-2223-2334. SALARY SCHEDULE MATRIX 0 1 2 3 4 5 6 7 8 9 40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536 41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612 42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693 43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778 44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638 45