HomeMy WebLinkAboutSANTA ANA POLICE OFFICERS ASSOCIATION (POA) (9) MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR FISCAL YEARS 1997-98 THRU 1999-00
TABLE OF CONTENTS
ARTICLE I RECOGNITION 2
ARTICLE II NON-DISCRIMINATION CLAUSE 3
ARTICLE III ATTENDANCE, WORKDAY AND WORKWEEK 4
ARTICLE IV SALARIES 8
ARTICLE V ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES 13
ARTICLE VI POLICE CAREER DEVELOPMENT PROGRAM 16
ARTICLE VII TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM 21
ARTICLE VIII OVERTIME 24
ARTICLE IX HOLIDAYS 30
ARTICLE X VACATION 32
ARTICLE XI OTHER LEAVES OF ABSENCE 36
ARTICLE XII EMPLOYEE INSURANCE 45
ARTICLE XIII RETIREMENT 48
ARTICLE XIV RELEASE TIME FOR ASSOCIATION REPRESENTATIVE 50
ARTICLE XV SAFETY 52
ARTICLE XVI RESIDENCY 53
ARTICLE XVII DISCIPLINE 54
ARTICLE XVIII GRIEVANCE REVIEW PROCEDURE 56
ARTICLE XIX DUES DEDUCTION AND INDEMNIFICATION 59
ARTICLE XX CITY RIGHTS 60
ARTICLE XXI STRIKES AND WORK STOPPAGES 63
ARTICLE XXII LAYOFFS 64
ARTICLE XXIII SOLE AND ENTIRE AGREEMENT 65
ARTICLE XXIV WAIVER OF BARGAINING DURING THE TERM OF THIS 66
AGREEMENT
ARTICLE XXV SEPARABILITY PROVISION 67
ARTICLE XXVI TERM OF AGREEMENT 68
ARTICLE XXVII RATIFICATION AND EXECUTION 69
EXHIBIT A ASSIGNMENT OF CLASSES TO SALARY RATE RANGES 71
EXHIBIT B BASIC SALARY AND WAGE SCHEDULE 72
ARTICLE I
1 . 0 RECOGNITION
1 . 1 Pursuant to the provision of the Meyers-Milias-Brown Act ,
Government Code Section 3500, et seq. , the City of Santa
Ana (hereinafter called the "City" ) has recognized the
Santa Ana Police Officers Association (herein called the
"Association" ) as the recognized representative of the
bargaining unit which includes 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, Communications Services Officer,
Dare Officer, Darkroom Technician, Detention Officer,
Firearms Examiner, Forensic Specialist I and II , Forensic
Services Supervisor, Parking Control Officer, Police
Communications Supervisor, Police Community Services
Specialist, 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, Detention Supervisor, Senior
Parking Control Officer, and Traffic Services Specialist
and excludes all other employees of the Police
Department .
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ARTICLE II
2 . 0 NON-DISCRIMINATION CLAUSE
2 . 1 The City and Association agree that they shall not
discriminate against any employee because of race, color,
sex, age, national origin, political or religious
opinions or affiliations or union membership, or in
violation of Government Code Sec . 3506 et pro . 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 .
2 . 2 Whenever reference is made to the masculine gender it
shall be understood to include the feminine gender,
unless expressly stated otherwise .
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ARTICLE III
3 . 0 ATTENDANCE, WORKDAY AND WORKWEEK
3 . 1 Attendance . Employees covered by this Agreement shall be
in attendance at their work location during hours
prescribed by the Police Chief or his designee (s) and
shall not absent themselves during prescribed hours
without approval of the Chief of Police or his
designee (s) . Any alternative work schedule is at the
Police Chief' s discretion.
3 . 2 3/12 - 4/12 Work Schedule . Effective February 1, 1994 ,
the City implemented a 3/12 - 4/12 Plan for Sworn
Officers assigned to regular patrol on rotating shifts
covering 24 hours and for Detention Officers and
Detention Supervisors assigned to the jail .
3 . 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, or another
alternative 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 8-1/2 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 . 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 ,
the City may schedule employees impacted by a
shift, work assignment or other schedule change, to
a 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
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(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.
3 . 4 Definitions of Terms For Employees Assigned To 3/12
4/12 Work Schedule .
A. Workday. 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 time) .
B . Work Period. 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 .
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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.
3 . 5 Definitions of Terms For Employees Assigned To A 4/10
Work Schedule .
A. Workday. For employees assigned to a 4/10 work
schedule, 10-1/2 hours shall constitute a regular
workday, except for employees in designated
assignments, for whom 11 hours shall constitute the
workday. Employees assigned to a 10-1/2 workday
will receive 1/2 hour of unpaid lunch, and
employees assigned to an 11-hour day will receive 1
hour of unpaid lunch.
B . Workweek. The minimum workweek for all employees
covered by this Section shall consist of forty (40)
hours .
C. Changes/Modifications . Since this schedule may
need modification during the life of the Agreement
to meet department and community needs, said
changes shall be made at the discretion of the
Police Chief or his designee (s) after meeting and
conferring in good faith with the Association.
3 . 6 Definition of Terms for Employees Assigned to 6/12 ± 8
Hours Work Schedule .
A. "Employees" referred to in this section are those
assigned to the following classes and assignments :
CLASS POSITION ASSIGNMENT
Forensic Specialist I Crime Scene Investigator
Forensic Specialist II Crime Scene Investigator
Police Service Dispatcher Dispatch Center
Police Communications Supervisor Dispatch Center
Communications Services Operator Dispatch Center
B . Workday. A workday for the above stated classes
and position assignments shall be either 12 hours,
or eight (8) hours each with an additional 30
minutes for unpaid meal time .
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C . Work Period, Work Week. The regular "work period"
for employees assigned to this work schedule shall
be six (6) twelve (12) hour workdays and one (1)
eight (8) hour workday in each two week period. A
thirty (30) minute unpaid meal time shall be
scheduled each workday. A work week consisting of
seven (7) consecutive calendar days and forty (40)
work hours shall be assigned to each employee
assigned to this work schedule . Employees shall
regularly work eighty (80) hours in a "work period"
and forty (40) hours in a seven day work week.
Employees who are on a 6/12 + 8 hour schedule will
earn time and a half when they work over the normal
' schedule of 12 hours on a 12-hour day and 8 hours
on an 8-hour day.
D. Earned Time Usage . The usage of earned leave such
as holidays, vacations, sick leave, and other paid
and unpaid leave will be calculated based on the
"day" of the work schedule utilized as a day off .
If an employee' s day off is on a scheduled twelve
(12) hour day, the employee will be charged twelve
(12) hours for that day. If an employee takes a
day off on the eight (8) hour workday, the employee
will be charged for eight (8) hours .
4*
12 12 12 0 0 0 4 12 12 12 0 0 0 0
* 8-hour shift
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ARTICLE IV
4 . 0 SALARIES
4 . 1 Basic Compensation Plan. There is hereby established a
basic compensation plan for all members of the 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 .
4 . 2 Salary Schedule . The basic salary schedule, attached
hereto in a matrix format as Exhibit A, and made a part
hereof as though set forth in full herein, provides
numerous salary rate ranges, each comprised of five (5)
steps or rates of pay.
The respective rate ranges are identified by a three (3)
digit number. The steps within each range are identified
by the letters "A" through "E" inclusive, with the "A"
step being the lowest step in the range . The purpose of
each step and the length of service required for
advancement to the next higher step within a particular
salary rate range are set forth in Section 4 . 7 below.
4 . 3 Salaries .
A. Effective July 1, 1998 , the base salaries of
employees covered by this Agreement shall be
increased by seven (7) salary rate ranges (3 . 5%) .
B . Effective July 1, 1999 , the base salaries of
employees covered by this Agreement shall be
increased by seven (7) salary rate ranges (3 . 5%) .
C. The assignment of classes to salary rate ranges is
listed in Exhibit B, which is attached and made a
part hereof as though set forth herein.
D. Effective July 1, 1997, employees designated as
CalPERS miscellaneous will contribute one percent
(1%) of their salary towards the 2% at 55
retirement benefit by taking a deduction in pay of
two (2) salary rate ranges .
E . If any other City bargaining unit receives an
across-the-board salary increase in excess of 3 . 5%,
but not to exceed 4%, in either 1997-98 , 1998-99 or
1999-00, respectively, then the employees covered
by this Agreement shall receive the same .
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F . Effective July 1, 1998, employees will contribute
one (1) salary rate range ( . 5%) of their regular
monthly salary towards the provision of retiree
health insurance premium reduction assistance .
This will be funded in the form of a payroll
deduction taken from the 1998-99 and 1999-00 salary
increases, respectively.
4 . 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 .
4 . 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 education,
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 in accordance
with the further provisions of this Article .
4 . 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
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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 reappointed within one (1) year and may be
placed in the same salary step in the appropriate salary
range as he or she was at the time of termination of
employment .
4 . 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 B 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 Section 4 . 2 and 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 Santa Ana Municipal Code and/or the
City Manager during the period of service time
of such officer or employee subsequent to this
last salary advancement .
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2 . The Police Chief, at least twenty (20)
calendar days prior to the anticipated
completion of such officer' s or employee' s
required length of service, shall file with
the City Manager a statement recommending the
granting or denial for the merit increase and
supporting such recommendations with specific
reasons therefore .
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 4 . 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 merit step E, he or she may
be reconsidered for such advancement after the
completion of three (3) months of additional
service and shall be reconsidered for such
advancement after the completion of six (6) months
of additional service . This reconsideration shall
follow the same steps and shall be subject to the
same actions as provided in Subparagraphs B (2) and
B (3) of this Section.
4 . 8 Reduction in Salary Steps . Any officer or employee who
is being paid on merit step E may be reduced to Step "D"
of the appropriate salary range, upon the recommendation
of the Police Chief, and the approval of the City
Manager. Procedure for such reduction shall follow the
same procedure as outlined for merit advancements in
Section 4 . 7 above, and such officer or employee may be
considered for readvancement under the same provisions as
contained in Subsection C of Section 4 . 7 .
4 . 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 at least 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
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shift differential, assignment pay and bilingual pay.
4 . 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) 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 Police Chief
is lower than the maximum step permissible under
Subsection C above, such recommendation shall be
considered a reduction in pay in addition to the
demotion and shall be handled in accordance with
the provisions for salary reductions (Section 4 . 8,
above) .
4 . 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 .
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ARTICLE V
5 . 0 ASSIGNMENT AND OTHER SPECIAL PAY ADDITIVES
5 . 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 . An incumbent in the class of Police Officer who is
continuously and regularly assigned to and actually
performing 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.
D. The Police Chief at his discretion and based on the
department' s need may assign sworn officers to
standby status for Saturday and Sunday, holidays,
or other days as determined by the Police Chief .
Officers thus assigned will be compensated at the
rate of two (2) hours of straight time per day of
standby duty.
5 . 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, Police
Services Dispatcher, Communications Services Officer,
Detention Officer, and Detention Supervisor 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 .
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5 . 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 Police Chief or his designee to a
position requiring bilingual capability in both
English and one of the following languages :
Spanish, Samoan, Vietnamese, Cambodian, Korean,
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) .
Employees receiving "Street Level Proficiency"
incentive pay may be required, as a condition of
continued eligibility to receive such incentive
pay, to successfully complete an eight (8) hour
refresher course once every twelve months from the
date of initial certification.
D. 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 ten
(10) salary rate ranges (5 . 00) .
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. "
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5 . 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 Police Chief .
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ARTICLE VI
6 . 0 POLICE CAREER DEVELOPMENT PROGRAM
6 . 1 Definitions . For the purpose of clarifying the criteria
for the Police Career Development Program designations
set forth in Sections 6 . 3 through 6 . 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 Police Chief and in an accredited college or
university shall equal one (1) educational unit .
One (1) "quarter" unit achieved in an educational
institution as above shall equal two-thirds (2/3)
of an educational unit . "Trimester" units or other
standards of measurement used as a basis in
awarding scholastic credits will be accorded the
same evaluation and weight as provided by the
respective accredited college or university. Only
completed coursework credited with a letter grade
"C" or better or a grade of "Pass" when evaluated
by the "Pass/Fail " method will be accepted. If such
ratings are not rendered for a specific course,
then a certificate of successful completion must be
submitted.
S . Training Units . Twenty (20) classroom hours or its
equivalent of approved police training shall equal
one unit .
Regular, periodic, on-the-job training programs
shall not be considered as fulfilling this
requirement . Neither shall the special training
required for Crime Scene Investigators and Advanced
Officers or other similar mandatory training (e . g. ,
First Aid, C . P.R. Recertification, etc . ) nor the
basic introductory training or similar training
given an employee during his or her probationary
period be given credit for the awarding of training
units .
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)
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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 .
6 . 2 Crime Scene Investigator (C. S . I . ) . Any sworn, safety-
member Police Officer who attains the following
educational and experience requirements and the approval
as set out below shall be paid an additional five (5)
salary rate ranges (2 . 5%) above his or her then current
base monthly salary step . The criteria for such
designation shall be as follows :
A. Completion of two (2) years of experience as a
sworn Police Officer, at least one of which shall
be in the Santa Ana Police Department .
B . Completion (acquisition) of at least thirty (30)
educational and/or training units .
C. Assignment to and actual performance of the duties
and responsibilities of a C. S . I .
D. Completion of a special training course for Crime
Scene Investigators as developed and administered
by the Santa Ana Police Department or such
alternative course as designated for such purpose
by the Police Chief .
E. Approval of the Police Chief . The number of such
designations as C. S . I . shall be no larger than the
requirements of the department as determined by the
Police Chief .
6 . 3 Senior Police Officer I . Any sworn, safety-member Police
Officer, regardless of duty assignment, who fulfills the
requirements established in this section shall be
designated as a Senior Police Officer I and shall be paid
at a rate set fifteen (15) salary rate ranges (7 . 5%)
above his or her then current base monthly salary step.
The criteria for such designation shall be as follows :
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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 Police Chief .
6 . 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 paid at a rate set twenty-five
(25) salary rate ranges (12 . 5%) above his or her then
current base monthly salary step in the Police Officer
classification. The criteria for such designation shall
be as follows :
A. Completion of seven (7) 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 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 .
C. Approval of the Police Chief .
6 . 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 paid at a rate set thirty (30)
salary rate ranges (15%) above his or her then current
base monthly salary step in the Police Officer
classification. The criteria for such designation shall
be as follows :
A. Completion of nine (9) years of municipal police
experience and attainment of the "E" Step of the
base salary rate range for the Police Officer
classification.
B. Completion (acquisition) of at least one hundred
twenty (120) educational/training units; or
possession of an Associate of Arts degree from an
accredited college with an additional sixty (60) or
more educational/training units .
18
C. Approval of the Police Chief .
6 . 6 Senior Police Sergeant I . Any officer holding the rank
of Police Sergeant in the Santa Ana Police Department ,
regardless of duty assignment, who fulfills the
requirements established in this section shall be
designated as a Senior Police Sergeant I and shall be
paid at a rate set fifteen (15) salary rate ranges (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 Sergeant
classification.
B . Completion (acquisition) of at least sixty (60)
educational and/or training units .
C. Approval of the Police Chief .
6 . 7 Senior Police Sergeant II . Any officer holding the rank
of Police Sergeant in the Santa Ana Police Department ,
regardless of duty assignment , who fulfills the
requirements established in this section shall be
designated as a Senior Police Sergeant II and shall be
paid at a rate set twenty (20) salary rate ranges (10%)
above his or her then current base monthly salary step in
the Police Sergeant class . The criteria for such
designation shall be as follows :
A. Completion of seven (7) years of municipal police
experience and attainment of "E" Step of the base
salary rate range for the Police Sergeant
classification.
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 Police Chief .
6 . 8 Senior Police Sergeant III . Any officer holding the rank
of Police Sergeant in the Santa Ana Police Department,
regardless of duty assignment , who fulfills the
requirements established in this section shall be
designated as a Senior Police Sergeant III and shall be
paid at a rate set twenty-five (25) salary rate ranges
(12 . 5%) above his or her then current base monthly salary
step in the Police Sergeant class . The criteria for such
19
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
(60) or more educational/training units .
C. Approval of the Police Chief .
20
ARTICLE VII
7 . 0 TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM
7 . 1 Purpose .
A. To encourage the employees of the City of Santa Ana
to take college courses and special training
courses which will better enable them to perform
their present duties and prepare them for increased
responsibilities .
B . To provide financial assistance to eligible
employees for education and training.
C. To establish eligibility requirements, conditions
and procedures whereby such assistance may be
provided.
7 . 2 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 .
C. Applications will be approved only for courses
directly related to the employee' s job or directly
related to a promotional position in the employee' s
occupational specialty.
D. Courses not ostensibly related to the employee' s
job, but which are required to qualify for a degree
that is directly related to his or her job may be
reimbursable only after all required occupationally
related courses have been completed.
E . Prior to receiving tuition reimbursement, employees
must submit documentary proof of having received a
grade of not less than "C" for the course . If
objective ratings are not rendered for a specific
course, then a certificate of successful completion
must be submitted.
F . Approval will be limited to courses given by
accredited colleges and universities, city colleges
or adult education courses under the sponsorship of
21
the various Boards of Education. Workshops,
seminars, conferences and similar activities not
identifiable as a formal course of instruction
within the curriculum of a recognized educational
institution, do not fall within the purview of this
program but may be authorized and funded by the
interested department without coordination with the
Personnel Services Department .
G. When an employee is required by the Police Chief to
attend a particular course or seminar, the expense
shall be borne entirely by the City.
7 . 3 Reimbursement .
A. Reimbursement will be based on the cost of tuition
or registration fees and all required texts and
related material for each course . Additional
expenses such as meals and parking fees are not
reimbursable .
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 hundred dollars ($500 . 00) with a
maximum of $1, 500 a year. NOTE : Summer and winter
sessions shall be counted as separate "semesters"
for purposes of the program.
D. Employees shall be limited, for purposes of tuition
reimbursement, to a maximum of two (2) collegiate
level courses of not more than a total number of
units which is equivalent to six (6) "semester"
units per semester. One (1) "quarter" unit shall
22
equal two-thirds (2/3) of one (1) "semester" unit .
7 . 4 Procedures .
A. An employee who desires to seek tuition
reimbursement under the provisions of this Article
must complete an Application for Training and
Educational Assistance form and submit it to the
Police Chief .
B . The Police Chief will recommend approval or
disapproval and forward the application to the
Personnel Services Department . It is advisable
that the applicant accomplish the procedures so far
described prior to the inception of the course or
disbursement of personal funds in order to
ascertain the eligibility of the intended course of
instruction for reimbursement under the provisions
of this policy.
C. Within three months after he/she has completed the
course and received his/her final grade, the
employee must include official verification of
his/her final grade with appropriate receipts for
tuition and textbook costs to the Personnel
Services Department . These will be returned to the
employee upon request . Applications not submitted
to the Personnel Services Department within three
months following completion of the course become
void.
D. Upon receipt of the required documentation, the
Personnel Services Department will determine
whether the completed course of instruction is
compatible with the provisions of Sections 2 and 3
of this Article . If found to be compatible, the
Personnel Services Department will compute the
amount of reimbursement, authenticate the
application and forward it to the Police Chief .
E . The Police Chief will then authorize the Finance
and Management Services Department to reimburse the
employee the approved amount out of the budget of
the Police Department .
23
ARTICLE VIII
8 . 0 OVERTIME
8 . 1 General Policy for Overtime Work. Whenever it shall be
determined to be in the public interest for employees to
perform overtime work, or in an emergency situation, the
City Manager, the Police Chief, or an authorized
representative of the City Manager or Police Chief, may
require an employee to perform overtime work.
8 . 2 Definition.
A. 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 work period or work in
excess of eleven (11 ) hours and thirty (30) minutes
in one day. Work amounting to less than thirty
(30) minutes over the employee' s regular eleven
(11) hours and thirty (30) minutes regular workday
shall not be considered overtime .
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 . 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.
8 . 3 Computation of a Workday, Work Week, Work Period. 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 work
period, as defined herein.
8 . 4 Compensation for Overtime.
A. The preferable method by which overtime shall be
compensated is by monetary payment, at one and one-
24
half (1-1/2) times the employee' s regular rate of
pay.
B . Should the Police Chief determine that the best
interests of the City will be served thereby, he or
his designee may permit an employee to be
compensated for overtime work by 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 shall be limited to the accumulation of
eighty (80) hours of earned, unused compensatory
time off benefits .
Twice during each calendar year, on March 15th and
November 15th, 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 .
8 . 5 Incremental Usage . Time off with pay to compensate for
overtime worked may be taken in increments as small as
one-half (1/2) hour.
8 . 6 Excess Usage . If compensatory time off is used in excess
of that available, such excess compensatory time off will
first be deducted from any available vacation benefits
and finally, deducted from the next scheduled wage or
salary payment .
8 . 7 No Effect on Other Benefits . Overtime work shall not
apply to the earning of employee benefits (retirement ,
25
holidays, vacation accrual, sick leave accrual and
employee insurance benefits) , toward the completion of
probationary period or to progression within a salary
rate range .
8 . 8 Overtime Work to be Apportioned. To the extent that he
is reasonably able to do so, the Police Chief shall
arrange work programs to minimize overtime work;
necessary overtime work shall be apportioned among
employees of like classification and assignment .
8 . 9 Advance Compensation for Overtime . Time off with pay as
compensation for overtime may not be granted or taken in
advance of the overtime work for which the time off
compensates . Before compensatory time off with pay may be
taken, as herein provided, the overtime worked must have
been recorded on official payroll records at or about the
time the overtime work was performed. In the absence of
such recording, no compensatory time off with pay will be
permitted.
8 . 10 Compensation for Overtime : Exclusions . No overtime pay
or compensatory time off with pay shall be allowed an
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.
8 . 11 Compensation for Overtime : Other Exclusions .
A. 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 a 1 hour, 30 minute 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
26
City' s intent to minimize the chargeback to paid
time by the employee through effective planning of
training programs .
B . For employees on a 4/10 work schedule, training or
attendance at conventions, conferences, or seminars
for the duration of the day, or the like, held
outside the City limits, in lieu of an employee' s
regularly scheduled 10-hour shift, will count as 10
hours worked, including travel time . 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 . Employees attending training of
less than 8 hours will return to their duty
assignments or, with the approval of their
immediate supervisor, take time off from their time
bank .
8 . 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.
8 . 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.
8 . 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 .
Such employee may elect time off with pay as
compensation for overtime accrued as a result of
court appearances .
27
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. Such employee may elect, in
lieu of paid time, two (2) hours of compensatory
time off for standby time and not appearing in
court . 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 (60)
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. 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 his/her
"Time Off Bank" or from compensatory time off at
the beginning of their scheduled shift to ensure
adequate rest .
8 . 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
28
restrictions provided herein.
B . Any member of the Association may receive time off
for the welfare of officers, community service and
any lawful activity of the Association with pay
drawn from the bank described in Subsection A of
this Section, provided that said employee first
gains approval for said use by the executive board
of the Association in the manner specified by its
rules as adopted from time to time, and subject to
the approval or disapproval of the Police Chief
consistent with the operational needs of the Police
Department .
C. No withdrawal or use of such bank may be made by or
on behalf of an employee ordered to take time off
without pay for discipline imposed by the Police
Chief or his designee .
8 . 16 Declaration of State of Emergency. Emergencies shall be
governed by the provisions of Santa Ana Municipal Code
Section 9-194 .
8 . 17 Compensation of Voluntary Contract Overtime . Exclusive of
other provisions of this Article, except Section 8 . 7 (No
Effect on Other Benefits) supra, Police Officers and
Police Sergeants who voluntarily agree to perform
contract security services at games, parades, dances and
similar public events shall be compensated at the rate of
one and one-half (1-1/2) times the employee' s regular
rate of pay.
The Police Chief shall determine how many off-duty police
officers should serve as security officers at each event .
Police Officers and Sergeants represented by the
Association shall be given first opportunity to volunteer
for said off-duty assignments . If, after a reasonable
period of time, an insufficient number of police officers
have volunteered to work such assignments, the Police
Chief may offer the remaining "openings" to any person (s)
he deems capable of performing the work at whatever
straight-time pay rate the City considers to be
appropriate .
29
ARTICLE IX
9 . 0 HOLIDAYS
9 . 1 Legal holidays observed by full-time permanent and
probationary employees covered by this Agreement are as
follows :
• January 1st - New Year' s Day.
• Third (3rd) Monday in January - In observance
of Martin Luther King Jr . ' s Birthday.
• Third (3rd) Monday in February - In memory of
George Washington' s Birthday.
• Last Monday in May - In commemoration of
Memorial Day.
• July 4th - In observance of Independence Day.
• First (1st) Monday in September - In
observance of Labor Day.
• November 11th - In observance of Veteran' s
Day.
• Fourth (4th) Thursday in November - In
observance of Thanksgiving Day.
• The Friday immediately following Thanksgiving
Day.
• December 25th - In observance of Christmas
Day.
• Last working day before Christmas Day, unless
Christmas falls on a Thursday, in which
instance, the day following Christmas Day
shall be observed in lieu thereof .
• One (1) Floating Holiday - Any workday
selected by the employee with prior permission
of the employee' s supervisor.
• Every day proclaimed by the Mayor of the City
as a holiday for City employees .
Any holiday which falls on a Sunday will be observed on
the following Monday. Any holiday which falls on a
Saturday will be observed on the Friday preceding the
Holiday.
9 . 2 Full-time, permanent and probationary employees covered
by this 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
30
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.
9 . 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 .
9 . 4 This "time off, " as defined in Article X, Section 10 . 6 ,
may be taken in increments as small as one half (1/2)
hour, with fractional usage rounded upward to the next
higher multiple of one half (1/2) hour.
9 . 5 Holiday benefits may not be carried over from one
calendar year to the next .
31
ARTICLE X
10 . 0 VACATION
10 . 1 Purpose . It is the policy of the City to grant employees
vacation leave in order to provide them with a break in
their regular work schedule, and this purpose will be
used as a guide in the administration of the provisions
of this Article .
10 . 2 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, regardless of
the employee' s daily work schedule . 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 service, 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 .
32
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
Police Chief, may be deducted from the
computation of vacation expended and charged
against the employee' s accumulated sick leave .
2 . No employee may carry over from one calendar
year to the next, more than the equivalent of
two (2) regular vacation 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 Police Chief .
10 . 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
33
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 Santa Ana
Municipal Code or by reemployment from layoff
within one (1) year.
D. Leave of absence without pay, as provided in
Article XI , Section lE (Sick Leave-Extended) and
Section 10 . 8 (Authorized Absence Without Pay - Long
Term) herein, does not constitute a break in
continuous service as used in this section;
however, the leave of absence period shall not be
applied toward the accumulation of longevity
vacation. Absence on military leave followed by
reinstatement, as provided in Section 9-143 of the
Santa Ana Municipal Code does not constitute a
break in service, and the period of absence on such
military leave shall be applied toward the
accumulation of longevity vacation.
10 . 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) , eight (8)
hour 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
34
(30) , eight (8) hour 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) , eight (8) hour 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 Police
Chief may provide for a 30-day extension beyond the
normal cut off date so that such employee will not
lose vacation time.
10 . 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 .
10 . 6 Time Off Bank. An Employee Time Off Bank exists for each
employee in the unit . Time off will be computed on an
annual basis and will be composed of allowable vacation,
holidays, and compensatory time 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 Police Chief or
his designee shall make every reasonable effort to
accommodate the employee' s preference (s) . The time at
which an employee shall take his or her leave time shall
be determined by the Police Chief, with due regard for
the wishes of the employee and particular regard for the
needs of the service .
NOTE : All other policies and procedures described in Article VIII ,
"Overtime" , Article IX, "Holidays" , and Article X, "Vacation" will
apply to the Time Off Bank. However, no employee will be allowed
to carry a negative balance in the Time Off Bank.
35
ARTICLE XI
11 . 0 OTHER LEAVES OF ABSENCE
11 . 1 Sick Leave .
A. Definition. Except as otherwise provided below,
sick leave shall be deemed to mean absence from
duty of an employee because of illness or injury
that prevents the employee from performing the
duties of his or her position, and shall be deemed
to include time in quarantine resulting from
exposure to a contagious disease .
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.
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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 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) , eight (8) hour
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
37
to report for duty. When the absence is more than
three (3) consecutive working days, the employee
must present to the Police Chief a physician' s
certificate stating 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 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 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. For purposes of this
section only, a "day" shall be defined as the
number of hours of work that an employee is
required to work according to his/her specific
workday schedule .
38
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 (150%) of the
amount of the lump sum payment that the
employee would have received for unused sick
leave benefits had this option not been
elected.
Upon the death of any retired employee
receiving a benefit under the provision of
Section 11 . 1K, said benefit will continue to
be paid on behalf of said retired employee to
his/her beneficiary.
3 . After 15 years of cumulative full time service
with the City (except for disability
retirement or disciplinary termination) , each
39
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.
11 . 2 Bereavement Leave . An employee shall be granted up to
three (3) days leave without loss of pay in case of death
of a member of the employee' s immediate family, For
purposes of this Section only, a "day" shall be defined
as the number of hours of work that an employee is
required to work according to his/her specific workday
schedule . Such leave is designated as bereavement leave .
" Immediate family" as used in this section is limited to:
A. Any relative by blood or marriage who is a member
of the employee' s household;
B . A parent, parent-in-law, spouse, child, brother,
sister, grandparent or grandchild of the employee,
regardless of residence;
C. Any other relative of the employee by blood or
marriage where it can be established by the
employee that as a result of such relative' s death,
the employee' s presence is required.
11 . 3 Military Leave .
A. Proof of Orders and Reinstatements . An employee
shall be granted military leave if he or she
furnishes the Chief Personnel Officer satisfactory
proof of his or her orders to report for duty. Upon
return and upon showing proof of actual service
pursuant to such orders, he or she will be
reinstated as provided in Section 9-143 of the
Santa Ana Municipal Code .
B . Temporary. Members of the reserve forces of the
United States, or the National Guard, granted
temporary leave when ordered to duty, in accordance
with the Military and Veterans Code and Section 9-
144 of the Santa Ana Municipal Code, will be
granted leave with pay not to exceed thirty (30)
calendar days in each calendar year after one
year' s service with the City upon presenting
satisfactory proof of orders to and from such
40
temporary active duties .
11 . 4 Jury and Witness Leave . When an on-duty employee is
called to serve as a juror or a non-party witness in any
court action, he or she shall be allowed leave for the
time actually required for such service, without loss of
pay. Each on-duty employee called for such service shall
present to the Police Chief for examination the subpoena
calling him or her to such service and shall pay into the
City Treasury the fees collected for such service, with
the exception of reimbursement for transportation
expenses, if any.
11 . 5 Examination Leave . Employees participating in
examinations conducted during their normal working hours
for positions in the competitive service of the City of
Santa Ana will be granted leave with pay for the time
actually required, without loss of any accrued vacation
or compensatory time off benefits .
11 . 6 Unauthorized Absence . Unauthorized absence from duty for
any duration of time may be considered cause for
dismissal . Absence from duty without leave for five (5)
consecutive working days shall be deemed a resignation
from the service; provided, however, if upon return to
duty the person so absenting himself makes an explanation
satisfactory to the Police Chief of the cause of his
absence, the Police Chief may restore him to his
position, with the City Manager' s approval .
11 . 7 Authorized Absence Without Pay. Absence without pay not
to exceed five (5) consecutive working days, may be
authorized by the Police Chief . Absence without pay not
to exceed fifteen (15) calendar days may be authorized by
the department with the approval of the City Manager.
Such absences may be authorized only if in the judgment
of the Police Chief they serve the best interest of the
City.
11 . 8 Authorized Absence Without Pay - Long Term. Upon receipt
of a written request from an employee having permanent
status plus action by the Police Chief recommending
approval of the request, the City Manager may grant a
leave of absence for up to six (6) months .
An employee returning to duty with the City shall inform
the Police Chief and chief personnel officer of his or
her intention at least thirty (30) calendar days prior to
the expiration of the six (6) months period or shorter
period if the full six (6) months is not taken. Upon
receipt of such notice, the Police Chief will take steps
necessary to restore the employee to his or her former
41
position.
11 . 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 interests of the City.
11 . 10 Industrial Leave .
A. Each "safety member" employee covered by the
provisions of Labor Code Section 4850 who is
compelled to be absent from duty because of an
illness or injury covered by the State of
California Workers' Compensation Insurance and
Safety Act shall , in lieu of temporary disability
compensation payable under the aforementioned Act,
continue to be paid his or her normal salary and
accrue other benefits in accordance with the
provisions of Labor Code Section 4850 .
B . Any period of time during which an employee is
required to be absent from his or her position by
reason of an industrial injury or industrial
illness for which he or she is entitled to receive
compensation shall not be considered a break in
continuous service for the purpose of his or her
right to salary adjustment or to the accrual of
vacation and seniority.
11 . 11 Catastrophic Leave Donation. In order to assist
employees otherwise granted leave of absence without pay
by the City Manager because of a catastrophic, non-
industrial medical condition or injury, the City and
Union agree to implement a Catastrophic Leave Donation
Program.
A. Guidelines . It shall be understood that all
donations under this procedure are voluntary and
subject to taxation for both the donor and
recipient .
1 . Employees may donate vacation or compensatory
time or one in-lieu holiday to the eligible
employee . In no event shall sick leave be
donated.
2 . Employees shall be provided a two-week period
to submit donations . Donations received after
this two-week period shall not be processed.
The two-week period for each case shall be
designated by the Police Chief or his designee
as provided herein below.
42
3 . Donations shall be for a minimum oftwo (2)
hours and a maximum of eight (8) hours per
donor. All donations must be made in two-hour
increments, except in-lieu holidays must be
for eight (8) hours .
4 . Any authorization of donations not made in
accordance with the procedures outlined in
Section C, subparagraph 2 below, will not be
processed.
5 . All donations shall be irrevocable .
6 . In the event the recipient returns to work
before leave donations have been exhausted,
any balance on the books shall be accrued by
the recipient and designated as sick leave .
B. Eligibility. Full-time employees shall be eligible
for catastrophic leave donations if the following
criteria are met :
1 . When it is reasonably foreseeable that all
accrued time on the books, such as sick leave,
compensatory time, vacation, and in-lieu
holidays, will be exhausted and the employee' s
•
illness will continue past the time when the
employee will be on paid status .
2 . The Police Chief or his designee has approved
a written request for donations accompanied by
a medical statement from the employee' s
attending physician. The attending
physician' s statement must verify the
employee' s need for an extended medical leave
and an estimate of the time the employee will
be unable to work.
C. Procedure .
1 . Upon receipt of a valid request for donations
from an eligible employee, the Police Chief or
his designee shall post a notice of the
eligible employee' s need for donations on
bulletin boards accessible to employees . No
confidential medical information shall be
included in the posted notice .
2 . Employees wishing to donate time to an
eligible employee must sign his/her
authorization of the transfer of such donated
time and provide :
43
A. His/her name, department name, and employee number;
B . The number of hours of compensatory or vacation
time of the donation within the limitations of
Section A, subparagraph 3 above;
C. The name, department, and employee number of the
recipient ;
D. A statement indicating that the donor understands
such donation of time is irrevocable and the dollar
amount thereof is or may be income for Internal
Revenue reporting purposes .
3 . At the close of the two-week donation period,
the department shall verify the hourly base
salary rate of the donating employee . and
confirm that each donating employee has
accrued vacation and/or compensatory time
balances sufficient to cover the designated
donation.
4 . The department shall submit all approved
donation authorizations for an eligible
employee at one time for processing. No
donation authorizations for the eligible
employee will be processed after this period.
However, employees who receive donations under
this procedure and who exhaust all donated
hours may request an additional donation
period subject to the provisions of Section A,
herein.
5 . The City shall convert the donated time to
dollars at the hourly base salary rate of the
donor. The dollars shall then be converted to
sick leave at the hourly base salary rate of
the recipient of the donation. The
appropriate hours of sick leave will be added
to the recipient' s sick leave account for use
during his/her leave of absence without pay
due to the catastrophic medical condition.
44
ARTICLE XII
12 . 0 EMPLOYEE INSURANCE
12 . 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
employees represented by the Association as follows :
A. Health Insurance . Effective November 1, 1996, the
City will contribute into the Santa Ana Police
Officer Association Medical Insurance Trust Fund a
maximum of $400 . 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 $400 . 00 per
month shall be borne entirely by the Association
and/or the employees . Further, all bargaining unit
employees and the Association shall hold the City
harmless, defend and indemnify the City for any
claims regarding the administration of , or the
payment of, claims under any Association-sponsored
medical plan (s) .
If any other City bargaining unit receives an
increase in contribution toward health insurance
benefits during the term of this Agreement, the
employees covered by this Agreement will receive an
equivalent amount .
B . Dental Insurance . 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
45
in accordance with the following schedule :
i . 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 .
D. 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 .
12 . 2 Retiree Health Insurance Plan. Members retiring on or
after July 1, 1997, will be provided health insurance
premium reduction assistance .
For retirees out of the health insurance service area,
the City shall require verification of health insurance
premiums and will pay said retirees directly for their
health insurance. However, in no case will payment
exceed actual premium cost .
The Association agrees to a no-interest loan to the
Retiree Health Insurance Plan of $300, 000 for immediate
implementation of this plan. The loan is repayable at
the expiration of the Agreement, and it will be repaid
from the one-half percent ( . 5%) collected from the active
employees' salary deduction.
In order to continue funding the plan, effective July 1,
1998 , bargaining unit members will contribute one-half
percent ( .5%) of the 1998-99 salary increase and one-half
percent ( . 5%) of the 1999-00 salary increase. These
amounts will be contributed in the form of a monthly
salary deduction from each employee represented by the
Police Officers Association.
46
All bargaining unit employees and the Association shall
hold the City harmless, defend and indemnify the City for
any claims regarding the administration of, or the
payment of , claims under any Association designed retiree
health insurance benefit plan.
12 . 3 Employees on unpaid leave of more than 15 calendar days
shall not receive the City' s contribution toward any
insurance coverage . The Police Department will notify
the Association of all employees on unpaid leave or who
separate from City employment within three (3) working
days . The City will continue the payment of contribution
for insurance coverage until the end of the month in
which the Association had received notice from the City
of the employee' s separation from employment .
All bargaining unit employees and the Association shall
hold the City harmless, defend and indemnify the City for
any claims regarding the administration of, or the
payment of, claims under any Association designed retiree
health insurance benefit plan.
47
ARTICLE XIII
13 . 0 RETIREMENT
13 . 1 General . The City shall continue to make contributions to
the California Public Employees' Retirement System
(CalPERS) in accordance with its contract with CalPERS
for employees covered by said contract as amended on
January 1, 1990 .
13 . 2 Deferred Retirement . The City shall continue to make
payment to CalPERS 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 seven-sevenths (7/7ths) of his or
her individual employee retirement contribution.
Such payments shall be credited to the individual
employee' s CalPERS account .
Such payments are not increases in base salary and
no salary rate 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 .
48
For the purpose of reporting an ' employee' s
compensation to CalPERS, the City shall include
these payments as if they were a part of the
employee' s base salary.
C. The City will provide CalPERS third level of 1959
Survivors Benefit to all eligible employees in the
unit .
49
ARTICLE XIV
14 . 0 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:
14 . 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 8 . 15 of Article VIII of this Agreement .
14 . 2 The Association shall provide an insurance policy or
policies, or certificate of such insurance, naming the
City of Santa Ana, its officers, employees and agents as
insured or additional insured, which provides coverage
against liability for any and all claims and/or suits for
damages or injuries to persons or property resulting from
or arising out of any act or omission of said Association
representative . Said policy or policies of insurance
shall provide coverage for both bodily injury and
property damage in not less than the following minimum
amounts : One million dollars ($1, 000 , 000 . 00) combined
single limit or its equivalent . Said policy or policies
shall also contain a provision that no termination,
cancellation or change of coverage of insured or
additional insured shall be effective until thirty (30)
days notice thereof has been given in writing to the City
of Santa Ana.
14 . 3 The Association shall provide the City of Santa Ana with
an insurance certificate from a workers' compensation
insurance carrier certifying that it carries primary
workers' compensation insurance on behalf of said
Association representative and the policy shall not be
cancelled nor the coverage reduced except upon ten (10)
days' prior notice to the City of Santa Ana .
14 . 4 The Association shall indemnify and save harmless the
City of Santa Ana, its officers and employees, from and
against any and all damage to property or injuries to or
death of any person or persons, including property and
employees or agents of the City of Santa Ana, and shall
defend, indemnify and save harmless the City of Santa
Ana, its officers and employees, from any and all claims,
demands, suits, actions or proceedings of any kind or
nature, including, but not by way of limitation, workers'
compensation claims, resulting from or arising out of the
50
negligent acts, errors, or omissions, or arising out of
the intentional or malicious acts of Association' s
representative .
14 . 5 The Association and the City of Santa Ana agree that the
Association' s representative will not be required to
carry out any peace officer' s duties during such time
that the Association' s representative is on such full-
time release from duty. The Association' s representative
will be required to comply with the Rules and Regulations
of the Santa Ana Police Department as they apply to off-
duty employees, except such representative will not be
required to report for duty for any purpose .
14 . 6 Upon return to duty from such full-time release, the
Association' s representative shall be restored to the
same position without loss of any benefits as he or she
would have occupied or accrued if there had been no
disruption in duty status .
The Association agrees that since the Association
representative does not report for duty or account to the
City for his or her sick leave or vacation time, that
vacation and sick leave accruals shall be treated as
follows :
A. The Association representative shall accrue eight
(8) hours of sick leave each month until the
accrued sick leave total reaches a maximum of 1600
hours .
B . Vacation shall be accrued consistent with existing
POA MOU provisions . The Association representative
may not carry over from one (1) calendar year to
the next more than the equivalent of one (1)
longevity vacation period and the equivalent of one
(1) regular vacation period from the previous two
(2) years . Regular vacation in excess of that
accrued during the previous two (2) year period
will be forfeited.
C. The Association representative may not donate
his/her accrued vacation or holiday time .
51
ARTICLE XV
15 . 0 SAFETY
15 . 1 The City and the Employees of the City agree to comply
with all applicable federal, state and local laws, and
City of Santa Ana regulations, which relate to health and
safety.
52
ARTICLE XVI
16 . 0 RESIDENCY
16 . 1 Effective as soon as practicable following the execution
of this Agreement, the City shall perform any and all
acts that are necessary so as to remove appropriate
limitations upon where employees may reside who are
covered by this Agreement .
At the discretion of the Police Chief, selected special
duty assignments may be designated as rapid response
assignments . In those instances, the Police Chief may
apply specific residency requirements upon members
assigned to those positions .
53
ARTICLE XVII
17 . 0 DISCIPLINE
17 . 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
in this Agreement .
17 . 2 In addition, a new section shall be added to the
Municipal Code to provide as follows :
A. In the event an employee is ordered to absent
himself from the job based on probable cause and it
is subsequently determined by the Police Chief , the
City Manager, Personnel Board or a court of
competent jurisdiction, that cause did not exist
for the ordered absence, the employee shall have
restored to him any paid leaves of absence against
which such absence may have been charged, and he
shall be granted a retroactive leave of absence
with pay for the time during which he was
prohibited from performing the duties of his
position, less any compensation paid to him by the
City during such ordered absence unless such
employee waives his/her rights to retroactive pay.
B. In the event an employee is reduced, suspended
and/or discharged, and upon appeal the City
Manager, Personnel Board or a court of competent
jurisdiction does not sustain such reduction,
suspension, and/or discharge, the employee shall be
entitled to his base rate or salary including all
additives, vacation, and sick leave as if such
unsustained reduction, suspension, or discharge had
not been invoked. However, in no event shall an
employee be entitled to any salary or credit for
vacation and sick leave for any period of time
covered by a suspension sustained on appeal or for
any period of time waived by the employee as a
condition to the granting of a continuance of any
hearing on appeal .
54
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.
55
ARTICLE XVIII
18 . 0 GRIEVANCE REVIEW PROCEDURE
18 . 1 Definition of Grievance . A grievance shall be defined as
a timely complaint by an employee or group of employees
or the Association concerning the interpretation or
application of specific provisions of this 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 .
18 . 2 Informal Process .
A. An employee must first attempt to resolve the
grievance on an informal basis through discussion
with his or her immediate supervisor without undue
delay, but in no case, beyond a period of 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
56
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.
18 . 3 Formal Process .
A. If the grievance is not resolved through the
informal process, and a written grievance is filed
within the time limits set forth above, the
grievant' s immediate supervisor and 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 Police Chief . To do so, the
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 Police Chief . 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
Police Chief 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 Police Chief shall inform the employee of his
action within ten (10) working days after the
57
conference with the Chief is held if one is held.
The original of the grievance form and the Police
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
Police Chief of his decision on the matter, and the
reasons thereof, submit the grievance in writing to
the City Manager, or his duly authorized
representative, for determination. Failure of the
grievant to take this action will constitute a
waiver and bar to the grievance, and the grievance
will be considered settled on the basis of the
Police Chief' s response .
The City Manager, 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.
58
ARTICLE XIX
19 . 0 DUES DEDUCTION AND IDEMNIFICATION
19 . 1 Dues Deduction. The City shall deduct dues, on a regular
basis , from the pay of all employees recognized to be
represented by the Association, who voluntarily authorize
such deduction, in writing, on a form to be provided for
this purpose by the City. The City shall remit such funds
to the Association within thirty (30) days following
their deduction.
19 . 2 Indemnification. The Association agrees to hold the City
harmless and indemnify the City against any claims,
causes of actions, or lawsuits instituted by a member or
members of the Association arising out of the deductions
or transmittal or such funds to the Association, except
the intentional failure of the City to transmit , to the
Association, monies deducted from the employees pursuant
to this Article .
59
ARTICLE XX
20 . 0 CITY RIGHTS
20 . 1 The City reserves, retains, and is vested with, solely
and exclusively, all rights of Management which have not
been expressly abridged by specific provision of this
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
60
provisions of the City Charter, Municipal Code,
federal and state law and this 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 provisions and procedures set forth in the
City Charter and Santa Ana Municipal Code .
M. To determine job classifications and to reclassify
employees .
N. To hire, transfer, promote, and demote employees
for non-disciplinary reasons in accordance with
this Agreement .
0 . To determine policies, procedures, and standards
for selection, training, and promotion of
employees .
P . To establish employee performance standards
including, but not limited to, quality and quantity
standards and to require compliance 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 .
20 . 2 Except in emergencies, or where the City is required to
make changes in its operations because of the
requirements of law, whenever the contemplated exercise
of Management' s rights shall impact on a significant
number of employees of the bargaining unit , the City
agrees to meet and confer in good faith with
representatives of the Association regarding the impact
of the contemplated exercise of such rights prior to
exercising such rights, unless the matter of the exercise
of such rights is provided for in the Agreement .
20 . 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
61
eligible and which he or she enjoyed prior to entering
into this Agreement .
62
ARTICLE XXI
21 . 0 STRIKES AND WORK STOPPAGES
21 . 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 21 . 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.
21 . 2 Association Responsibility. In the event that the
Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in
Section 21 . 1A of this Article, Prohibited Conduct , the
Association shall immediately instruct any persons
engaging in such conduct that their conduct is in
violation of this Agreement and unlawful, and they must
immediately cease engaging in conduct prohibited in said
Section 21 . 1A, and return to work.
63
ARTICLE XXII
22 . 0 LAYOFFS
22 . 1 A. All layoffs within the competitive service
occasioned by abolishment of a position, the
combination of duties of two (2) or more positions,
or the reduction in numbers of employees in a given
class, shall be governed by seniority in the class.
Reemployment shall be in reverse order of layoff .
B . Any promotional probationary employee laid off
under these procedures, who held permanent status
in a lower class shall retain seniority rights in
the previously held classification provided that it
is still listed in the City' s current basic
classification and compensation plan.
C . Any permanent, full-time employee laid off under
the above provisions may request a demotion to a
position in a lower class provided he/she meets
reasonably related qualifications required for
placement in the class and the position is vacant .
D. Notice of Service . On request, a laid off employee
shall receive a statement certifying that his/her
services have been satisfactory. Layoff shall not
be used in lieu of a disciplinary dismissal .
64
ARTICLE XXIII
23 . 0 SOLE AND ENTIRE AGREEMENT
23 . 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.
23 . 2 The City will continue to administer its employee
relations and its personnel policies and procedures in
accordance with duly-adopted ordinances and resolutions,
and the affected employees will continue to be governed
thereby during the term of this Agreement .
65
ARTICLE XXIV
24 . 0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
24 . 1 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 .
66
ARTICLE XXV
25 . 0 SEPARABILITY PROVISION
25 . 1 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 .
67
ARTICLE XXVI
26 . 0 TERM OF AGREEMENT
26 . 1 The term of this Agreement shall be from July 1, 1997,
through June 30 , 2000 .
68
ARTICLE XXVII
27 . 0 RATIFICATION AND EXECUTION
27 . 1 The City and the Association have reached an
understanding as to certain recommendations to be made to
the City Council for the City of Santa Ana and have
agreed that the parties hereto will jointly urge 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
, 1998 .
CITY OF SANTA ANA, a
Municipal Corporation. of
th e of Califo a
Dated: MAYOR
Dated: / - /-6"W By:
CITY MANAG R
Dated: �'' /5 � By: r %
EMPLOYEE RELATIONS MGR.
PERSONNEL SERVICES
ATTES
ti
C RK /r!' T`E COUNCIL
VED AS TO FORM:
jG -. - J A-Ss1s([y✓�
CITY ATTORNEY
•
69
This Agreement has been ratified by the membership of the Santa Ana
Police Officers Association.
SANTA ANA POLICE
OFFICERS ASSOCIAT, N
Dated: BYE,,/l Ji1'�i='�' y" ."c .
`PRES I DENT e.01
CHARLES DWASSER, ESQ .
627 ' &- X)
PHIL ARCHER /
DENNIS BANNON
•
skin RI CULLIN�S
9 Al
OHN DOUTHIT °At-
MARK NIC OLS
doHOA
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BOB REED
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HARLIE SAMPSON
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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
72