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JULY 1,2025 THROUGH JUNE 30, 2028
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
AND
CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1, 2025 THROUGH JUNE 30,2028
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13139922.1 SA370-001
ABLE OF CONTENTS
ARTICLEI..........................................................................................................................4
1.0 RECOGNITION...........................................................................................................4
ARTICLEII.........................................................................................................................5
2.0 NON-DISCRIMINATION CLAUSE.............................................................................5
ARTICLEIII.....................................................................................................
3.0 IMPLEMENTATION...................................................................................................6
ARTICLEIV .......................................................................................................................7
4.0 ATTENDANCE, WORKDAY& WORKWEEK...........................................................7
ARTICLEV....................................................................................................................... 10
5.0 SALARIES ................................................................................................................ 10
ARTICLEVI ..................................................................................................................... 16
6.0 ASSIGNMENT& OTHER SPECIAL PAY ADDITIVES ............................................ 16
ARTICLEVII....................................................................................................................20
7.0 OVERTIME...............................................................................................................20
ARTICLEVIII ..................................................................................................................24
8.0 TRAINING &EDUCATIONAL ASSISTANCE PROGRAM......................................24
ARTICLEIX .....................................................................................................................27
9.0 HOLIDAYS ...............................................................................................................27
ARTICLEX.......................................................................................................................31
10.0 VACATION.............................................................................................................31
ARTICLEXI .....................................................................................................................36
11.0 OTHER LEAVES OF ABSENCE.............................................................................36
ARTICLEXII....................................................................................................................43
12.0 EMPLOYEE INSURANCE ......................................................................................43
ARTICLEXIII ..................................................................................................................46
13.0 RETIREMENT.........................................................................................................46
ARTICLEXIV...................................................................................................................49
14.0 SAFETY..................................................................................................................49
ARTICLEXV....................................................................................................................50
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15.0 DISCIPLINE............................................................................................................50
ARTICLEXVI...................................................................................................................53
16.0 GRIEVANCE REVIEW PROCEDURE.....................................................................53
ARTICLEXVII.................................................................................................................57
17.0 ASSOCIATION RIGHTS .........................................................................................57
ARTICLEXVIII................................................................................................................60
18.0 DUES DEDUCTION& INDEMNIFICATION..........................................................60
ARTICLEXIX...................................................................................................................61
19.0 CITY RIGHTS .........................................................................................................61
ARTICLEXX....................................................................................................................63
20.0 LAYOFFS................................................................................................................63
ARTICLEXXI...................................................................................................................65
21.0 MISCELLANEOUS PROVISIONS...........................................................................65
ARTICLEXXII.................................................................................................................68
22.0 SOLE &ENTIRE AGREEMENT.............................................................................68
ARTICLE XXIII................................................................................................................69
23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU ........................69
ARTICLEXXIV................................................................................................................70
24.0 EMERGENCY WAIVER PROVISION.....................................................................70
ARTICLEXXV .................................................................................................................71
25.0 SEPARABILITY PROVISION.................................................................................71
ARTICLEXXVI................................................................................................................72
26.0 TERM OF MOU.......................................................................................................72
ARTICLEXXVII...............................................................................................................73
27.0 RATIFICATION &EXECUTION ............................................................................73
EXHIBITA.........................................................................................................................75
MONTHLY WAGE RATE SCHEDULE ..........................................................................75
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028
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ARTICLE I
1..0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section
3500, et seq., the City of Santa Ana (hereinafter called "the City") has recognized the
Confidential Association of Santa Ana (hereinafter called "CASA" or "Association") as
the majority representative of the bargaining unit which includes all full-time employees
employed by the City of Santa Ana in classifications heretofore designated as
"confidential" and which are listed in Exhibit A of this Memorandum of Understanding
("MOU").
1.2 Notwithstanding the following provisions of this MOU, the parties agree that they have
.intended nothing herein to entitle, alter, or award Civil Service rights or privileges to any
employee represented by CASA who is in the Excepted (Exempt) Service of the City of
Santa Ana.
1.3 During the term of this MOU,no substantive issue of representation shall be raised contrary
to this MOU except as provided in this MOU or in Resolution No. 81-75, the Employer-
Employee Relations Resolution of the City of Santa Ana.
1A The term "employee" or "employees" as used herein shall refer only to full-time CASA
employees of the City.
1.5 It is the purpose of this MOU to promote and provide for harmonious relations,
cooperation, and understanding between the City and employees covered by this MOU. It
sets forth the full and entire understanding reached in good faith negotiations regarding the
wages, hours, and terms and conditions of employment of employees covered by this
MOU, which the parties intend to submit jointly and recommend for approval to the City
Council.
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ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2,1 The City and CASA agree that they shall not discriminate against any employee in
violation of State and Federal law. The City and CASA shall reopen any provision of this
MOU for the purpose of complying with any order of a Federal or State agency or court of
competent jurisdiction requiring a modification or change in any provision or provisions
of this MOU in compliance with State or Federal anti-discrimination laws.
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ARTICLE III
3.0 IMPLEMENTATION
3.1 The parties agree thatthis MOU shall not be binding upon the parties until the City Council:
A. Acts, by majority vote, to formally approve this MOU; and
B. Acts to appropriate the necessary funds required to implement the provisions of this
MOU that require funding.
3.2 Notwithstanding the foregoing, in the event the City Council fails to take all actions
necessary to implement this MOU in a timely manner,the parties understand that they may
mutually agree to implement appropriate provisions of this MOU that do not require
specific approval by the City Council.
3.3 Implementation shall be effective as of the date the MOU is formally approved by the City
Council.
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ARTICLE IV
4.0 ATTENDANCE, WORKDAY& WORKWEEK
4.1 Attendance. Employees shall be in attendance at their worksite during hours prescribed by
the Department Head or their designee(s)and shall not absent themselves without approval
of the Department Head or their designee(s).
4.2 Hours of Work. Eight(8) hours of work shall constitute a normal workday and forty(40)
hours of work shall constitute a minimum workweek, except for employees for whom
special schedules have been approved by the City Manager.
A. 4/10 Work Schedule. The Department Head, with the approval of the City
Manager,may assign employees to a workweek consisting of four(4)ten(10)hour
days with an additional one-half (1/2) or one (1) hour for unpaid lunch, as
negotiated with CASA. The assigned employee shall work four(4) ten (10) hour
days and shall have three (3) consecutive days off in a workweek. Upon mutual
agreement between the supervisor and employee, the employee may waive their
right to three(3)consecutive days off in a workweek. The regular workweek shall
consist of forty(40) hours. A regular day off shall consist of ten (10)hours.
B. 9/80 Work Schedule. The work schedule described below is known as the "9/80"
work schedule. The"9/80"work schedule is designed to be in compliance with the
requirements of the Fair Labor Standards Act("FLSA"). In the event that there is
a conflict with the current rules, practices, and/or procedures regarding work
schedules and leave plans,then the rules listed below shall govern.
Employees shall be permitted to work a"9/80"work schedule when authorized by
the Department Head and approved by the City Manager. A departmental work
unit shall not be permitted to work this schedule if in the discretion of the
Department Head and City Manager,the"9/80"work schedule may reduce service
to the public.
1. "9/80"Work Schedule Defined. The"9/80"work schedule shall be defined
as working eighty (80) hours over nine (9) days in a two (2) week period.
An employee shall work eight (8) days for nine (9) hours per day and one
(1)day for eight(8)hours,excluding a one(1)hour lunch during each work
shift, totaling forty(40)working hours in each FLSA work week.
a. The Work Week Period. The forty (40) hour FLSA work week
period shall be defined as the work period starting from Friday at
mid-shift to Friday at mid-shift. No employee working the "9/80"
work schedule shall be able to flex their Friday start time nor the
time they take their lunch break, which shall occur in the middle of
the day on Fridays.
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b. The 9/80 Work Period. The "9/80" two (2) week work period for
employees starts Friday mid-shift and continues for fourteen (14)
days until Friday mid-shift. During this period, each week is made
up of four (4) nine (9) hour work days (thirty-six (36) hours) and
one (1) four (4) hour Friday for a total of forty (40) work hours in
each work week (e.g., the Friday is split into four (4) hours for the
first shift, which is charged to work week one, and four (4) hours
for the second shift,which is charged to work week two).
2. Work Schedule Changes. Employees shall not be permitted to change their
work schedules without prior approval of their supervisor and Department
Head.
3. Modifications of the FLSA Work Week. Modifications of the FLSA work
week period are not permitted unless authorized by the Executive Director
of Human Resources and the City Manager.
4. Emergencies. All employees on the "9/80" work schedule are subject to
being called to work any time to meet any and all emergencies or unusual
conditions that, in the opinion of the City Manager, Department Head, or
designee, may require such service from any of said employees.
4.3 9/80 Schedule Hardship Claims. Any employee having been authorized to work the"9/80"
work schedule who subsequently encounters a personal hardship with their work hours
may request an accommodation from their Department Head. A "hardship request" shall
be limited to an employee's authorized hours of work. An accommodation shall be
considered only after the employee has exhausted all other personal options to resolve the
hardship.
If the employee is unable to resolve their problem, the employee may request an
accommodation from their Department Head by submitting a hardship claim. The
Department Head may authorize an accommodation after reviewing the claim or assign a
manager to investigate and recommend a resolution of the hardship claim. The manager
may recommend one of the following:
A. Approve an appropriate flex schedule that does not disrupt the department's ability
to deliver its services or that does not create disruption in the work unit; or
B. Deny the employee's proposed solution to resolve the hardship; or
C. reassign the employee to a 5/40 work schedule.
The Department IIead may accept any one of the manager's recommendations or
advance their own to resolve the hardship.
D. Hardship Claims. The following process shall apply to employees on a 9/80
schedule with hardship concerns:
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1. Employees shall be required to explore and exhaust all personal options to
resolve the hardship. The employee's efforts to resolve their personal
situation must be explained on the form.
2. An employee claiming an ongoing hardship due to the 9/80 work schedule
should submit a hardship claim form to the Department Head through their
manager. The Department Head may authorize an accommodation after
reviewing the claim or may assign a manager to investigate and recommend
a resolution.
3. If, according to the employee,the hardship claim was not resolved through
the Department Head's recommendation, the employee may submit the
claim form to the Human Resources Department. A Hardship Committee
shall be established to assist in the resolution of hardship claims and meets
on an as-needed basis. The Hardship Committee will review the claim and
make a recommendation to the Department Head.
4. Hardship claims due to health reasons, either the employee's or a
dependent's, must be supported by medical verification signed by the
employee's or dependent's private physician.
5. In cases where a hardship exists,as determined by the Hardship Committee,
efforts will be made to identify alternatives with due regard to the
employee's request but, with particular concern to the needs of the
department. The Department Head has final approval on any work schedule
adjustment.
6. If transferred or reassigned to a different department and a hardship
continues, a new hardship claim must be filed with the new Department
Head,
7. It is the employee's responsibility to notify their supervisor if the hardship
terminates and return to the normal9/80 work schedule.
Inconvenience or preference does not constitute a hardship.
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ARTICLE V
5.0 SALARIES
5.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
full-time employees who are now employed or shall in the future be employed in any of
the designated classifications of employment represented by CASA as listed in this MOU
and its attachments.
5.2 Salary Schedule. The basic salary schedule contains numerous salary ranges, each
comprised of six(6) steps or rates of pay.
The steps within each rate range are identified by the letters "AA" through "E" inclusive,
with Step"AA" being the lowest step in the range.
Step "AA" is the normal beginning pay rate.
Step"A" is an automatic increase after the completion of six(6)months of service in Step
«,AA„
Steps "B" through "D" is an automatic step increase after the completion of twelve (12)
months of service in the preceding step.
Step "E" is a performance based step increase which an employee may be eligible to
receive after the completion of twelve (12) months of service in Step"D".
The assignment of classifications to salary ranges is listed in Exhibit A of this MOU and
the City's salary schedule, as periodically updated and published by the City.
5.3 Salaries.
A. Effective the first full pay period after July 1,2025, classifications represented by
this MOU shall receive a base salary increase of five percent(5%).
B. Effective the first full pay period after July 1, 2026, classifications represented by
this MOU shall receive a base salary increase of four percent(4%).
C. Effective the first full pay period after July 1, 2027, classifications represented by
this MOU shall receive a base salary increase of three percent(3%).
D. Although there are some retroactive compensation adjustments included in this
2025 - 2028 MOU, all compensation adjustments provided for in this MOU shall
apply only to those employees who are employed on the day in which the City
Council approves this MOU. This applies to compensation adjustments in any
Article of this MOU.
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5.4 Application of Basic Compensation Plan. The salary ranges discussed in Section 5.2 are
monthly salary ranges. All employees working in classifications covered by this MOU
shall be compensated at a monthly rate,except that an employee hired for temporary work
in a position which has an anticipated duration of less than six (6) months shall be paid at
a rate per hour for actual time spent in the performance of the duties of their employment.
The regular rate of pay shall be computed as provided for by the FLSA.
Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by
dividing the monthly salary rate plus any applicable premiums by one hundred seventy-
three and thirty-three hundredths (173.33). In determining the hourly rate as herein
provided,computation shall be made to the nearest whole cent and a computation resulting
in an even one-half(1/2) cent shall fix the rate at the next higher whole cent.
5.5 Probation. Except for employees in the Excepted Service as defined by the City Charter,
the probationary period shall be one (1) year from the date of appointment from an open
eligible list(new hire),reappointment eligible list(rehire), and promotional eligible list.
5.6 Beginning Rates. A new employee shall be paid the rate shown as Step"AA" in the salary
range allocated to the classification of employment for which they have been hired. In
special instances where such new employee possesses unique and exceptional educational
training and/or experience qualifications,the Department Head, under whom the employee
will serve, may submit a written request and justification to the City Manager for
authorization to place such new employee on Step "A," "B," "C," "D" or "E" within the
allocated salary rate range, provided that such employee shall be assigned such salary step
upon the commencement of their service in the classification of employment to which the
salary range applies and such assignment having once been made shall remain in effect
until the employee shall be entitled to advance to the next salary step in accordance with
the provisions of this Article.
5.7 Service. The word "service" as used in this MOU shall be deemed to mean continuous,
full-time service in the classification in which the employee is being considered for salary
advancement, service in a higher classification, or service in a classification allocated to
the same salary range and having generally similar duties and requirements. Employees
hired after the first(I st) working day of the pay period shall not be credited with "time in
service"for that pay period when determining the length of service required for salary step
advancement. A lapse of service by an employee for a period of time longer than thirty
(30)calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the
accumulated length of service time of such employee for the purposes of this MOU, and
such employee reentering the service of the City shall be considered as a new employee,
except when they are being or will be reappointed as provided in the Santa Ana Municipal
Code Section 9-114 within one(1)year and placed in the same salary step in the appropriate
salary rate as they were at the time of termination of employment. "Resignation, quit, or
discharge" for purposes of this section shall mean separating from full-time City
employment altogether, not leaving one (1) position to accept appointment to another
position in an unrelated classification outside the career ladder.
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5.8 Advancement within Ranges.
A. Length of Service Advancements. After the salary of an employee has been first
established and fixed under this plan, such employee shall be advanced from Step
"AA"to Step"A," from Step "A"to Step"B,"from Step"B"to Step"C," or from
Step "C" to Step "D," whichever is the next higher step to that on which the
employee has been previously paid, effective the first (1st) day of the pay period
following the date of completion of the length of service required.
B. Merit Advances. An employee shall be considered for advancement from Step"D"
to Step "E" upon the completion of the required length of service as provided in
Section 5.2; the effective date of such merit increase, if granted, shall be the first
(Ist) day of the pay period following completion of one (1) year of service at the
step from which said employee is being advanced.
Such merit advancement shall require the following:
1. There shall be on file in the office of the Executive Director of Human
Resources a copy of each periodic performance appraisal report required to
be made on the employee by the Civil Service Rules and Regulations and/or
the City Manager during the period of service time of such employee
subsequent to their last salary advancement.
2. The Department Head, at least twenty (20) calendar days, prior to the
anticipated completion of such employee's required length of service, shall
file with the City Manager a statement recommending the granting or denial
of the merit increase and supporting such a recommendation with specific
reasons therefore. The employee shall be notified by the Department Head
as to such recommendations and of the 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 5.10
of this Article.
4. Notwithstanding the foregoing provisions of this subsection to the contrary,
a merit "E" step advance shall be automatically granted ninety (90) days
after the due date if no performance appraisal is completed, the effective
date of such merit step advance shall be retroactive to the first full pay
period following the completion of the required length of service.
C. Length of Service Required When Advancement Denied. When an employee has
not been approved for advancement to merit Step "E," they 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 Sections 5.8(B)(2)and 5.8(B)(3).
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5.9 Reduction in Salary Steps. Any employee who is being paid at merit Step "E" may be
reduced to Step "D" of the appropriate salary range, upon the recommendation of the
Department Head, and the approval of the City Manager. Procedure for such reduction
shall follow the same procedure as outlined for merit advancements in Section 5.8, and
such employee may be considered for re-advancement under the same provisions as
contained in Section 5.8(C).
5.10 Promotional Salary Advancement. When an employee is promoted to a position in a higher
classification from a position in a lower classification in the same occupational career
ladder, they shall be reassigned to Step"AA" in the appropriate salary range for the higher
classification; provided, however, that if the base salary step currently being paid such
employee is already equal to or higher than Step "AA,"they shall be placed in the lowest
step in the appropriate salary range as will grant that employee a minimum increase of five
percent(5%)over their current base salary step, inclusive of lead pay,and exclusive of any
other assignment or special pay additive or additives such as bilingual pay, shift
differential, special skill pay or the like, except when placement at "E" step will not be
sufficient to provide a five percent(5%) increase.
5.11 Demotion. When an employee is demoted to a position in a lower classification, their
salary rate shall be fixed in the appropriate salary range for the lower classification in
accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) salary step (approximately five
percent(5%)).
B. The new salary rate must be within the appropriate salary range.
C. The new salary rate shall not be higher than the salary step to which the employee
would have been entitled had their service time in the higher classification been
spent in the lower classification.
D. If the salary rate recommended by the Department Head is lower than the maximum
step permissible under Section 5.11.(C), 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 in Section 5.9.
5.12 Reallocation of Salary Ran es. Any employee who is employed in a classification which
is reallocated to a different salary range from that previously assigned shall be retained in
the same salary step in the new salary range as they had previously held in the prior salary
range and shall retain credit for length of service in such step towards advancement to the
next higher step.
5.13 Request for Classification Review. Any employee who,for a continuous period exceeding
six (6) months, believes they are regularly and consistently performing duties and/or
responsibilities not in conformance with their classification concept or, duties and/or
responsibilities of another classification, may request a classification review of their
position through their supervisor to the Department Head. The employee must submit their
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request on a form specified by the Executive Director of Human Resources, outlining in
writing how they believe their current duties and/or responsibilities differ from their
classification concept.
A. The Department Head shall review the employee's submitted request and within
sixty (60) days shall make one of the following determinations:
l. Will support the employee's request.
a. If the Department Head supports the employee's request for a
classification review,they shall forward the request to the Executive
Director of Human Resources along with justification for support of
the employee's request.
b. The Department Head shall notify the employee that their request
has been submitted to the Executive Director of.Human Resources.
2. Will not support the employee's request.
a. If the Department Head does not support the employee's request for
a classification review, they shall notify the employee of this
decision in writing and set forth the basis for the decision.
b. If the Department Head does not support the employee's request,
but agrees that some of the duties and/or responsibilities being
performed by the employee are those of a higher level City
classification, they can do the following:
i. Return the employee to performance of the duties and/or
responsibilities of their proper classification.
ii. Eliminate the higher duties and/or responsibilities being
performed by the employee, for which the City has agreed
are those for which it shall provide higher compensation.
B. Any employee request for classification review approved by the Department IIead
shall be forwarded to the Executive Director of Human Resources. The Executive
Director of Human Resources shall confirm receipt of the request in writing to the
employee. Within sixty(60) days of receipt of the request,the Executive Director
of Human Resources shall notify the employee and Department Head of the
decision as to whether a study will be conducted. If the Executive Director of
Human Resources determines that a study is appropriate,the Executive Director of
Human Resources shall so notify the employee and the Department Head in writing
and shall provide the employee and Department Head with an approximate start
date for the study.
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C. All determinations of the Department Head and the Executive Director of Human
Resources are final.
D. All studies and study findings shall require City Manager approval before
proceeding.
E. All recommendations resulting from study findings require the approval of the City
Council and shall be implemented in accordance to the City's Civil Service rules.
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ARTICLE VI
6.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
6.1 Assignment Pay Differential.
Assignment pay differentials, as listed herein and throughout the MOU, shall, in each case,
be added individually and separately to the employee's base salary. In no event shall one
(1) assignment pay differential be added to the employee's base salary as a basis for the
calculation of an additional pay differential.
A. Employees who are assigned to a position requiring the ability to take dictation at
a rate of seventy(70)words per minute or better on a regular basis or as an essential
or integral element of the work of the position, shall be paid a monthly differential
of sixty dollars ($60)above their then current base monthly salary step for each full
month of such assignment.
B. Full-time employees who are required to obtain and maintain a notary public
certificate from the State of California and perform the duties of a Notary Public
for the City, in addition to regular duties, shall be paid a monthly pay premium of
forty dollars ($40) above their then current base monthly salary step.
6.2 Lead Pay. Employees who are regularly and continuously assigned to lead a functional
unit which includes two (2) or more positions in the same or lower classifications as the
employee shall receive additional compensation. This compensation shall be referred to
as"lead pay"and shall be calculated at a rate five percent(5%) above the employee's then
current base salary step.
I.n addition, employees who are regularly and continuously assigned to perform lead
supervisory responsibilities shall receive lead pay compensation at a rate five percent(5%)
above their then current base monthly salary step.
6.3 Bilingual Pax. An employee who is assigned to a position requiring bilingual capability in
both English and either Spanish, Samoan, Vietnamese, or other languages designated by
the City Manager, shall be paid a monthly assignment pay differential in accordance with
the criteria and amounts set forth below:
A. The employee must be certified by the Executive Director of Human Resources, or
their designee,as having satisfactorily demonstrated conversational fluency in both
English and the second language for any position requiring bilingual capacity.
B. Employees assigned to positions where it has been determined that bilingual
proficiency is essential to carry out duties and responsibilities of a critical and/or
emergency nature without ready access to backup assistance, or positions where
bilingual public contact is a major, essential or integral element of the work being
performed, shall be designated as Primary Bilingual Assignments. A qualified
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employee of such position shall be paid a monthly differential of one hundred
seventy-five dollars ($175) above their then-current base monthly salary step for
each full month of such assignment.
C. Employees assigned to positions where it has been determined that regular and
frequent bilingual usage is necessary to the performance of duties,but not a major,
essential or integral element of the work,shall be designated as Secondary Bilingual
Assignments. A qualified employee of such position shall be paid a monthly
differential of forty dollars ($40) above their base monthly salary step for each full
month of such assignment.
D. The number of such Primary and/or Secondary Bilingual Assignments shall be no
larger than the requirements of the department as determined by the Department
Head and the City Manager.
E. Employees who receive bilingual assignment shall recertify their bilingual
capability every three (3) years, Employees who do not successfully pass required
recertification examinations shall have their bilingual assignment pay removed.
Unsuccessful employees may retake the required certification exam every three(3)
months.
F. All assignments to positions set forth in this Article shall be made or revolted at the
discretion of the Department Head.
G. If the City modifies the amount of bilingual pay for any other bargaining unit during
the term of this MOU, CASA agrees to form a Joint Labor Management Team with
the City to review bilingual pay provisions and assignments(see also Section 21.3).
6.4 Shift Differential.
A. Generally. An employee who is continuously and regularly assigned to a schedule
of work which requires that they 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., shall be paid a shift
differential for their entire work shift at a rate set five percent(5%)higher than their
then-current base monthly salary step.
B. Standby PaX. Employees who are released from active duty but who are required
by their department to leave notice where they can be reached and be available to
return to active duty when required by the department at any time other than their
regularly scheduled working hours, shall be said to be on standby duty. Such
employees shall receive two hundred dollars ($200)per week when assigned to be
on standby duty.
Being on standby means that the employee is required to:
o Be accessible by phone, email or text;
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• Promptly report to work after being called, emailed or texted;
• Remain fit for duty and able to respond. Employees are not permitted to
drink alcohol while on standby duty.
Employees on standby shall receive a cell phone from the City and will be required
to respond to the call or text as quickly as possible. Upon responding to the call or
text,the employee will be instructed as to whether they is required to return to work
and will be informed of the location to which they must respond. Response time
will generally be the employee's normal commute time to the City and the minimal
time necessary for the employee to get ready to return to work.
6.5 Acting_Pay. Acting pay shall be defined as the temporary assignment of an employee to
perform work of a job class which is assigned to a higher salary schedule than their regular
job class.
A. An employee who is temporarily appointed by the Executive Director to serve in
an acting capacity for two (2) weeks or more and who is responsible for the full
range duties and responsibilities assigned to the higher level classification, shall
receive a five percent (5%) increase or the minimum salary of the higher level
classification (whichever is higher) for all time worked in the higher job
classification.
B. Employees temporarily assigned to serve in an acting capacity of a supervisor or
manager classification for two (2) weeks or more and who is responsible for the
full range of duties and responsibilities assigned to the supervisor or manager
position shall receive a ten percent (10%) increase above their base salary step or
the minimum salary of the supervisor or manager classification (whichever is
higher) for all time worked in the higher job classification.
C. An employee must be qualified (i.e. meet the minimum qualifications) for the
higher position in order to be paid for acting pay.
D. Non-permanent employees (probationary, seasonal, temporary, limited-term, etc.)
shall not be eligible for acting pay.
E. Each assignment may be terminated at any time, but in no event shall such
assignment continue beyond one hundred and eighty (180) calendar days or nine
hundred and sixty (960) hours each fiscal year, whichever comes first.
6.6 Confidential Premium—All employees in this unit are routinely and consistently assigned
to sensitive positions requiring trust and discretion and will receive a special assignment
pay of one percent (1%) above their then current base monthly salary step. This premium
shall be reported to CaIPERS as special compensation to the extent it qualifies under Title
2, California Code of Regulations, Sections 571 and 571.1
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6.7 All assignments of personnel to positions set forth in Sections 6.1 through 6.5 above shall
be made or revoked at the discretion of the Department Head.
Career Development Incentives. Employees hired in a classification which requires a specialized
certificate as a prerequisite to hiring, either upon appointment or by the time of the employee's
passage of probation ("regular appointment"), shall not be eligible for career incentive pay for
that prerequisite certificate. However,they shall be eligible for career incentive pay for any
other certificates approved for their classification. In no event shall the application of this Career
Development Incentive provision result in an individual being eligible to earn more than twelve
and one-half percent(12.5%) above their current monthly base salary step.
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ARTICLE VII
7.0 OVERTIME
7.1 General Policy for Overtime Work. When 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 Department Head, or a duly authorized representative of the City Manager or the
Department Head, may require an employee to perform overtime work.
7.2 Definition. Overtime work for those on a 5/40 work schedule is defined as:
A. That authorized or required time worked in excess of the normal workday, tour of
duty,or workweek schedule for the particular classification and organizational unit
of an employee. A workweek is a fixed and regularly recurring period of one
hundred sixty-eight (168) consecutive hours —seven (7) consecutive twenty-four
(24)hour periods-as designated by the appointing authority. An employee's work
schedule within the workweek shall not be changed to avoid payment of overtime;
provided, however, nothing shall abridge management's right to establish and
change work schedules and assignments in accordance with the rights of
management contained in Article XIX.
B. Work on observed holidays or work on any regularly scheduled non-work day of
which there shall be two(2)per week, if work on any regularly scheduled non-work
day is worked at management's direction.
Computation of Fort 40 Hour Workweek. In computing the forty (40) hour workweek,
the following type of work hours shall be included in the computation: actual work time,
jury/witness leave, and bereavement leave.Any combination of these work hours in excess
of eight (8) hours per day (except for employees on a 4/10 or the 9/80 work schedule) or
forty(40)hours per week shall entitle the employee to overtime compensation.
Paid time off for vacation leave, all unpaid leave, Association release time and
compensatory time off shall not be credited towards the forty (40) hour workweek. No
employee shall work overtime hours unless authorized by the department head or their
designee.
7.3 FLSA Overtime All FLSA nonexempt employees working under the"9/80"work schedule
shall earn overtime for all hours worked after the first forty (40) hours in a FLSA work
week as required under FLSA. Should the City modify the manner by which it pays
overtime (FLSA) to members of other miscellaneous bargaining units, CASA agrees to
reopen this topic for discussion.
7.4 Compensation for Overtime.
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A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one-half (1 1/2) times the employee's regular rate of pay,
subject to the provisions of Section 7.5(C).
B. Employees shall have the option, with Department Head approval, to earn up to a
maximum of one hundred and sixty (160)hours of compensatory time off. Should
the Department Head determine that the best interests of the City will be served
thereby, they or their designee may permit an employee to be compensated for
overtime work by earning paid compensatory time off in lieu of monetary
compensation by earning compensatory time off at the rate of one and one-half
(1.5)hours for each overtime hour worked.
C. Employees shall have the option with Department Head approval to convert a
maximum of eighty(80)hours of time and one-half paid overtime(in compensation
for fifty-three and one-third (53 1/3) overtime hours worked) to time and one-half
compensatory tirne off benefits. Such compensatory time off shall be taken at the
discretion of the employee when requested at least seventy-two (72) hours in
advance, provided it does not unduly disrupt the operations of the agency. If the
Department Head or their designee subsequently denies the requested
compensatory time off, the employee and department shall mutually agree on a
fixture date within one (1)year when the employee can use the paid compensatory
time off. Cf the requested compensatory time off is not used within that one (1)
year, such compensatory overtime will be paid off in cash.
D. Because each hour of overtime worked is accrued on a time and one-half basis,
compensatory time off shall be taken, and monetary payment shall be paid, on a
straight-time basis. Also,upon termination,any earned,unused compensatory time
off("time-on-the-books") shall be paid at the employee's regular rate of pay.
E. Compensatory time off may be taken in increments as small as one-half(0.5)hour.
F. 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.
G. 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, they shall forthwith be compensated
for any overtime accumulated to the time immediately preceding such promotion
or separation.
7.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee
benefits(retirement,holidays,vacation accrual,sick leave accrual,and employee insurance
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benefits), toward the completion of probationary period, or to progression within salary
range.
7.6 Overtime Work to be Minimized. To the extent that they are reasonably able to do so,the
Department Head or their designee shall arrange work programs to minimize overtime
work. Necessary overtime work shall be apportioned among employees of like
classification and assignment.
7.7 Call-Back Duty. An employee who is recalled to active duty from off-duty, shall be
entitled to overtime pay at the rate of one and one-half(1 112)times the normal hourly pay
rate for such employee for time actually worked after reporting to the place of duty, or
three (3) hours pay at the normal rate of pay, whichever is greater.
7.8 Declaration of State of Eme_r ene . Upon the occurrence of fire, flood, earthquake, strike,
riot, or other catastrophe or emergency which directly affects city operations or the welfare
of the City's citizens, the City Manager may declare a state of emergency to exist. Upon
the declaration of a state of emergency, the City Manager may require any or all regular
full-time employees of the City to work overtime or off-shift as they shall determine, to
protect life and property within the City.
7.9 Applicability of Fair Labor Standards Act. The parties agree that if the applicability of the
Fair Labor Standards Act to local governmental entities is eliminated by either legislative
or judicial action,they shall meet and confer regarding any proposed changes to this MOU;
however, no such changes shall be made except on mutual agreement.
7.10 Reopener. If, during the term of this MOU,the City modifies the manner in which it pays
overtime (pursuant to the Fair Labor Standards Act), the City and CASA agree to reopen
this provision of the MOU and commence discussions regarding the City's modifications
to overtime payments.
7.11 Court Appearance. Compensation for court appearance by employees covered by this
MOU shall be as follows;
A. For each required court appearance made by an employee during their off-duty time
in regard to City business, the employee shall be paid overtime for the period of
time from their arrival at court until they are released from court or the court session
closes for that day. However, in no case shall an employee receive less than two
(2) hours overtime for a court appearance during their off-duty hours. If separate
court appearances are made both in the morning and afternoon of a particular day,
a minimum of two (2) hours overtime shall be allowed for each session attended.
If the employee is not released from a morning session and must remain available
for afternoon court, the employee shall be paid overtime for all hours the court is
in session that day.
The employee must provide a copy of the subpoena requiring their attendance to
initiate payroll procedures.
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B. A subpoenaed employee scheduled to appear in court on City business during off-
duty time may be placed on standby status by the Department Head or their
authorized representative if the employee can respond to the court, if called,within
sixty (60) minutes of the employee's notification. In the event such off-duty
employee is on standby status during any court session and is not required to appear
in court,such employee shall be compensated two(2)hours on a straight time basis,
for each court session. Such employee may elect,in lieu of paid time,two(2)hours
of compensatory time off for standby time and not appearing in court, with the
approval of the Department Head. If such off-duty employee on standby actually
appears in court,they shall be compensated as provided in Section 7.t2(A).
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ARTICLE VIII
8.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
8.1 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.
8.2 Eligibility.
A. Applications for tuition reimbursement shall be considered only from full-time,
permanent City employees who have completed the probationary work test period.
B. Reimbursement is not authorized for courses for which the employee is receiving
Financial assistance from other sources such as G.J. Bill, scholarships, etc.
C. Applications shall 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 their 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. 1f objective
ratings are not rendered for a specific course, then a certificate of successful
completion must be submitted.
P. Approval shall be limited to courses given by accredited colleges and universities,
community colleges, or adult education courses under the sponsorship of a Board
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
Human Resources Department.
G. When an employee is required by their Department Head to attend a particular
course or seminar, the expense shall be borne entirely by the department.
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8.3 Reimbursement.
A. Reimbursement shall be based on the cost of tuition, required
enrollment/registration fees, miscellaneous fees (health, parking, student union
fees, etc.), and all required texts, eBooks, and related material for each course.
Additional expenses such as meals are not reimbursable.
B. Costs for required texts are eligible for one hundred percent(100%)reimbursement
subject to the following conditions:
1. A duplicate of the required text(s) and eBooks was unavailable for loan
from the departmental libraries prior to the commencement of course work;
or
2. 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. Maximum tuition reimbursement is three thousand five hundred dollars ($3,500)
per fiscal year, which the employee may claim either as costs are incurred during
the year or as one (1) lump sure.
8.4 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 their Department Head prior to the commencement of
class(es) or the payment of fees for registration/tuition.
B. The Department Head shall recommend approval or denial based on established
criteria and budgetary constraints, and then shall forward the application to the
Executive Director of Human Resources
C. The Executive Director of Human Resources or their designee shall approve or
deny the application for the City Manager. One (1) copy shall be returned to the
employee and one (1)copy shall be retained by the Human Resources Department.
It is advisable that the applicant accomplish the procedure so far described in order
to ascertain the eligibility of the intended course of instruction for reimbursement
under the provisions of this policy prior to the inception of the course or
disbursement of personal funds.
D. The employee shall submit their copy of the approved application to the Human
Resources Department within three(3)months after they have completed the course
and received their final grade. Such employee must include official verification of
their final grade with appropriate receipts for tuition and textbook costs. These
shall be returned to the employee upon request. Applications not submitted to the
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Human Resources Department within three(3)months following completion of the
course become void.
E. Upon receipt of the application and required documentation,the Human Resources
Department shall determine whether the completed course of instruction is
compatible with the provisions of this Article and shall compute the amount of
reimbursement, authenticate the application and forward it to the employee's
Department Head.
F. The Department Head shall then authorize the Finance & .Management Services
Department to reimburse the employee the approved amount out: of the budget of
the department concerned.
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ARTICLE IX
9.0 HOLIDAYS
9.1. Legal holidays observed by full-time employees are as follows:
o January 1 -New Year's Day.
o Third (3rd).Monday in January-Martin Luther King, Jr.'s Birthday.
o Third (3rd)Monday in February- President's Day.
o March 31 —Cesar Chavez Day
o Last Monday in May-Memorial Day.
o July 4 -Independence Day.
o First (Ist) Monday in September-Labor Day.
o November I I - Veterans' Day.
o Fourth (4th) Thursday in November- Thanksgiving Day.
o The Friday immediately following Thanksgiving Day.
O Last working day before Christmas Day, unless Christmas Day falls on Thursday,
in which instance, the day following Christmas Day shall be observed in lieu
thereof.
O December 25 - Christmas Day.
o Two (2) Floating Holidays - Any workday selected by the employee with prior
permission of the employee's supervisor.
O Every day proclaimed by the Mayor of the City as a holiday for City employees.
O Any holiday which falls on a Sunday shall be observed on the following Monday.
O Any holiday which falls on a Saturday shall be observed on the Friday preceding
the holiday.
9.2 Holidays - Shift Personnel and Employees on Alternate Work Schedules.
A. Full-time employees on a 5/40 schedule whose regularly scheduled days off are
other than Saturday and Sunday shall be entitled to receive fourteen (14) eight (S)
hour working days off during the year in lieu of the holiday benefits specified in
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Section 9.1. Employees on a 9/80 or 4/10 work schedule shall be entitled to
fourteen (14) holidays. Holidays shall be paid in accordance with the hours
scheduled for the day the holiday falls on.
1. For employees on a.9/80 schedule:
If a holiday falls on a regularly-scheduled nine (9) hour workday (Monday,
Tuesday, Wednesday, or Thursday), nine (9) hours of holiday time shall be
paid.
If a holiday falls on a regularly-scheduled eight(8)hour workday(Friday),eight
(8) hours of holiday time shall be paid.
2. If a holiday falls on an employee's regularly-scheduled day off work, the
employee shall receive credit for nine (9) hours of holiday time to be used in
accordance with Section 9.2(B) or 9.6.For employees on a 4/10 schedule:
If the holiday falls on a regularly-scheduled ten (10) hour workday, ten (10)
hours of holiday time shall be paid.
If a holiday falls on an employee's regularly-scheduled day off work, the
employees shall receive credit for ten (10) hours of holiday time to be used in
accordance with Section 9.2(B) or 9.6.
B. Substitute holidays may be scheduled by the Department Head or their designee,
normally during the same month that the holiday is observed by other City
employees. An employee entitled to time off in lieu of holidays shall receive that
time off in proportion to their service at full pay in such capacity during the year.
9.3 Modified Holiday Schedule—Employees assigned to the Library shall, during the term of
this MOU, observe holidays on the dates specified in Section 9.L
9.4 A newly appointed employee must actually work at least one (1) day preceding the day a
holiday listed in Section 9.1 actually occurs in order to receive credit for such holiday
during the month in which it occurs.
An employee separating from the service of the City must actually work at least one (1)
day following the day a holiday listed in Section 9.1 actually occurs in order to receive
compensation for the holiday.
A newly appointed employee must complete six(6)months of continuous full-time service
in order to receive credit for the Floating Holidays listed in Section 9.1 above.
9.5 Floating Holiday time off may be taken in half hour(1/2) increments.
9.6 If a holiday falls on an employee's alternating regularly scheduled day off, the employee
must then take their holiday time off on the day before or after the regular scheduled
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holiday with supervisor and Department Head approval. Such holiday time is referred to
as an "impact holiday". If the employee cannot take their holiday off before or after the
regular scheduled holiday off, the employee shall bank the hours of their regular workday
(nine (9)or ten (10)hours) as holiday leave to be used at a later date with the supervisor's
approval.
9.7 All holiday benefits may not be carried over from one (1) calendar year to the next, with
the exception of floating holidays earned as set forth in Section 9.8(C)(5).
9.8 Mandatory Holiday Closure
A. Effective upon adoption of this MOU, City Hall and all other City departments
(with the exception of the Police Department, Santa Ana Zoo,and select employees
in Fleet Services Division) shall be closed for a mandatory winter holiday closure
each year during the term of this MOU.
B. Dates of Closure
City Hall will be closed on the days between December 24 (except for years when
December 24 falls on a Wednesday in which case City Hall will be closed starting
on December 25)and January I each year.An employee regularly assigned to work
on one(1)or more days during this time period shall use accrued paid leave (as set
forth in Section 9.8(C))for their regularly scheduled hours for each day they would
otherwise have been scheduled to work.
During this time period, per Section 9.1 December 24 (except if it falls on a
Wednesday in which case December 26 is the holiday),December 25, and January
1 (or the days these holidays are observed) are City holidays.
C. Additional Days Off During a Closure
1. Employees will need to choose from the options in this subsection to cover
any additional regularly scheduled work days which are not City observed
holidays.
2. Employees may use any of the following accrued leaves they have available
to cover any additional day(s)off which may be required by the closure:
• Vacation
• Compensatory Time Off
• Impact Holiday Leave
• Floating Holiday
3. Employees are not permitted to use sick leave for a holiday closure day
unless they produce a physician's certification for each day reported as sick
leave. This additional certification is not required for employees with
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approved advance sick leave usage due to FMLA/CF'RA/PDL(or any other
protected leave).
4. Employees shall have the option of not using paid leave for any, or all,
holiday closure day(s) and taking the day(s)off as an absence without pay.
5. Employees who are required to work during the holiday closure shall earn
one (1) floating holiday for each full day worked, up to a maximum of
three (3)floating holidays.Any unused floating holiday(s) earned under
this provision shall carry over for use by the end of the following calendar
year.
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ARTICLE X
10.0 VACATION
10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide
them with a break in their regular work schedule and this purpose shall be used as a guide
in the administration of the provisions of this Article.
10.2 Vacation Period.
A. Employees shall accrue vacation with pay on a monthly basis as set forth in the
following table.
Annual
Vacation Monthly
Completed Hours Accrual
Years Accrued Rate
t 120 10.00
2 120 10.00
3 120 10.00
4 120 10.00
5 120 10.00
6 124 10.33
7 128 10.67
8 132 11.00
9 136 11.33
10 140 11.67
11 144 12.00
12 148 12.33
13 152 12.67
14 156 13.00
15 160 13.33
16 168 14.00
17 176 14.67
18 184 15.33
19 192 16.00
20 or more 200 16.67
B. An employee who has completed less than one (1) year of service during the
calendar year shall receive a proportionate fraction in accordance with the amount
of service to their credit during the year;provided, however, no employee shall be
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entitled to, or receive payment for, any vacation until they have 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 their earned vacation, subject to scheduling approval of
the employee's supervisor.
D. Vacation time off 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).
E. Computation of Vacation.
1. In computing vacation, each municipal holiday that occurs during the
vacation, and that falls on a day which the employee would have worked
had they not been on vacation, shall be deducted from the computation so
that one (1) additional day of vacation shall be allowed to the employee
unless departmental practice provides some other manner of compensating
for municipal holidays. Should an employee suffer a sickness or injury
while on authorized vacation, each full day of such sick leave, when
confirmed by a physician's statement and approved by the Department
Head, may be deducted from the computation of vacation expended and
charged against the employee's accumulated sick leave.
2. No employee shall have a right to accumulate or split their vacations, but
the same may be allowed or required by the Department Head. The time at
which an employee shall take their vacation shall be determined by the
Department Head, with due regard for the wishes of the employee and
particular regard for the needs of the City to provide basic services.
3. A period of earlier service does not apply toward vacation accumulation
when an employee has had a break in continuous service, unless the break
in service is concluded by reappointment, as provided in Section 9-114 of
the Civil Service Rules and Regulations, or by reemployment from layoff
within one (1) year. Leave of absence without pay, as provided in Section
11.1(E) (Sick Leave - Extended), Section 11.8 (Authorized Absence
Without Pay-Long Term)and Section 21.2(Catastrophic Leave Donation)
herein, does not constitute a break in continuous service as used in this
section; however, the leave of absence period shall not be applied toward
the accumulation of vacation, Absence on military leave followed by
reinstatement, as provided in Section 9-143 of the Civil Service Rules and
Regulations, does not constitute a break in service, and the period of
absence on such military leave shall be applied toward the accumulation of
vacation.
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F. Vacation Buy-Back.
1, If an employee wants to cash-out unused vacation leave that they will
accrue during the following calendar year, they must make an irrevocable
election by December 15th of the prior calendar year(i.e. by December 15,
2023 for a cash-out in calendar year 2024).
2. The irrevocable election must indicate the amount of vacation hours the
employee intends to cash-out during the next calendar year.
The number of hours to be cashed-out cannot exceed the total number of
hours the employee will accrue during that same calendar year, or a
maximum of eighty(80) hours, whichever is the lesser amount.
3. Once the election form is submitted to Payroll, the amount of hours to be
cashed-out cannot be changed for that calendar year.
4. Employees may submit a request for vacation cash-out up to two (2) times
per year. The total hours may not exceed the lesser of the hours accrued
during that calendar year through the date of the request, or the number of
vacation hours elected for cash-out for that calendar year
5. In the event an employee's vacation leave balance (on either pay period
when they can elect to cash-out) is less than the amount of hours the
employee had previously elected to cash-out(in the prior calendar year),the
employee will only receive payment for the amount of accumulated
vacation leave remaining at the time of the cash-out.All cash-out elections
not processed by the last pay check in November will be processed in the
first pay check in December.
6. If an employee makes an irrevocable election to cash-out vacation in the
following calendar year and uses vacation leave during that subsequent
calendar year, the vacation leave used will first come from vacation leave
the employee had earned (if any) prior to January lst of the calendar year
the employee had elected to cash-out. The use of such earned, but unused,
vacation leave accumulated from previous calendar years shall not result in
a reduction in the amount of vacation hours the employee is eligible to cash-
out.
10.3 Limitation on Vacation.
A. With the exception of a retiring employee, no employee is granted, and no
employee shall be allowed to take any vacation leave with pay in excess of fifty
(50) working days (four hundred (400)hours) in any one (1)year,
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10.4 Vacation„Carry_Over
A. No employee may carry over from one (1) calendar year to the next, more than the
maximum vacation carryover as set forth in the following table. Any vacation not
used beyond the maximum carryover amount from year to year is forfeited,
meaning that no pay shall be received for such unused vacation at any time. With
respect to any vacation forfeited in this manner, this provision constitutes a waiver
of any rights to vested vacation benefits under California labor Code section 227.3.
B. In no way is the maximum vacation carryover for each calendar year as set forth in
the table below meant to be considered a cap on hours an employee can accrue
throughout the calendar year.
Completed Max
Years Carryover
1 100
2 200
3 200
4 240
5 240
6 244
7 252
8 260
9 268
10 276
11 284
�.12 292
13 300
14 308
15 316
16 328
17 344
18 360
19 376
20 392
21 400
22 400
23 400
24 400
25 400
10.5 Excess Usage. If vacation time off is used in excess of that available, such excess vacation
time off will, first, be deducted from any available compensatory time off accrual and if
none,then from the next scheduled salary payment.
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10.6 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period
in excess of fifteen (15) consecutive calendar days shall. not be considered as service time
for vacation accrual purposes.
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ARTICLE XI
11.0 OTHER LEAVES OF ABSENCE
11.1 Sick Leave.
A. Definition. Except as otherwise provided below, sick leave shall be deemed to
mean absence from duty because of illness, injury, medical, or dental appointment
that prevents the employee from performing the duties of their position, and shall
be deemed to include time in quarantine resulting from exposure to a contagious
disease.
B. Accrual. Each employee shall be entitled to, and shall earn, one(1), eight (8)hour
working day of sick leave for each full calendar month of service in which they are
employed by the City with full pay; provided, however, any absence on sick leave
for a period of time greater than fifteen (15) consecutive calendar days in any one
(1) calendar month shall not be considered to be service entitling an employee to
earn sick leave. 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.
C. Authorized Only When Necessaa. Use of sick leave by City employees shall. be
authorized as follows:
1. Sick leave shall be allowed only in cases of necessity and actual sickness
or disability, or as authorized in Section 1.1.1(J).
2. When an accepted industrial illness or injury has caused an employee's
absence, for which benefits are required under the State Workers'
Compensation Insurance and Safety Act, paid sick leave shall be allowed
such employee during the first three(3)days of the statutory waiting period.
If the workers' compensation related illness or injury continues past the
initial three(3) consecutive days,the employee shall have the three(3)used
sick days recredited. to their account if the employee remains off work
longer than fourteen (14) days. Paid sick leave shall continue until the
fourth (4th) day when the City pays the employee workers' compensation
benefits for such illness or injury. If the employee does not have sufficient
accumulated sick leave at the commencement of such industrial illness or
injury, they shall be advanced sick leave for this purpose. Subsequently,
the City shall deduct an equal amount previously advanced from any sick
leave accrued by the employee until the total amount is recovered. If the
employee terminates before recovery of all advanced sick leave, the City
shall deduct the unrecovered cost of sick leave from such terminated
employee's final paycheck, to the extent possible.
The City may authorize employees to use sick leave, vacation, or
compensatory time for approved workers' compensation medical
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appointments as specified herein. The City may authorize use of such leave
for City approved medical appointments whenever such appointments
cannot be secured outside the employee's regular workday, and salary
continuation or workers' compensation benefits are not available.
D. Limit.
1. For all employees in the association or employed by the City in a full-time
position as of July 19, 2023,the maximum total accumulation of sick leave
with pay shall be two hundred (200), eight (8) hour working days equal to
sixteen hundred (1,600) hours.
2. For employees hired as new employees from outside the City into this
association on or after July 19, 2023, the maximum amount of sick leave
they may carry over into a calendar year is three hundred and fifty-two(3 52)
hours.
Any sick leave accrual above three hundred and fifty-two (352) hours (up
to ninety-six (96) hours) will be converted into an employee's Retirement
Health Savings ("RHS") Plan account during the first full pay period in
January of each year.
3. Sick leave usage of less than a full day shall be charged in minimum
increments of one-half(1/2)hour, with fractional usage rounded upward to
the next higher multiple of one-half(1/2).
E. Extended. The City Manager may grant leave up to six(6) months without pay to
an employee who has exhausted all of their accrued sick leave if a licensed
physician designated by the City Manager indicates that the employee shall be
sufficiently recovered to return to their employment within a six (6) month period.
Prior to the expiration of the additional time, the employee may return to their
position provided that the employee has a certificate from a licensed physician
stating that the employee is able to perform the essential functions of their
classification with or without reasonable accommodation. 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 Accrued Compensatory Time Off and/or Vacation, After an
employee's sick leave has been exhausted, they may be granted permission to use,
first, any unused compensatory time off benefits, then, any unused vacation leave
benefits they may have accrued.
G. Notice. The employee taking sick leave shall notify their immediate supervisor
either prior to or within. four (4) hours after the time they are scheduled to report
for duty, or as otherwise established by departmental regulations. Sick leave shall
only be used for the purposes outlined under California Labor Code § 246.5,
Article 11.1 (J), or as otherwise permitted by law. If an employee uses sick leave
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for a purpose not permitted by this MOU or the law, it will be considered abuse of
sick. leave. If abuse of sick leave is suspected, a physician's certificate or other
satisfactory written evidence may be requested.
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 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 salary payment.
J. Necessity Leave. Each employee shall be afforded the opportunity to use up to
forty-eight (48) hours of sick leave per calendar year, on a non-cumulative basis,
as personal necessity leave. All of this personal necessity leave may be used to
attend to an illness of a child, parent, or spouse of the employee. As used in this
section, "child" means a biological, foster, or adopted child, a stepchild, a legal
ward, or a child of a person standing in loco parentis; "parent"means a biological,
foster, adoptive parent, a stepparent, a person who stood in loco parentis when the
employee was a minor child, or a legal guardian; and "immediate family" means
any member of the employee's household related by blood or marriage, a parent,
parent-in-law (including biological, adoptive, foster, stepparent, and legal
guardian), spouse, registered domestic partner, child, brother, sister, grandparent,
or grandchild of the employee, regardless of residence, or any other relative of the
employee by blood or marriage, where it can be established by the employee that
the employee's presence is required. to handle emergency arrangements and/or
other matters.
Up to five (5) days of this personal necessity leave may be used:
1. To attend to a serious accident to members of the employee's immediate
family;
2. For childbirth;
3. To cope with imminent danger to the employee's family, home, or other
valuable property;
4. When the existence of external eirewnstances beyond the employee's
control make it impossible for them to report for duty; or
5. To attend to medical or dental appointments for members of the employee's
household.
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For the purposes of this section only, a "day" shall be defined as the number of
hours of work that an employee is required to work according to their specific
workday schedule.
K. Payment for Unused Sick Leave. For all employees in the Association employed
by the City in a full-time position as of July 19, 2023:
1. Except in cases of disability retirement, upon non-disciplinary termination
of employment payment of all unused sick leave shall be deposited in either
the employee's individual (RHS) account, or 457 deferred compensation
account, or cash upon their effective date of termination as follows:
2. Payment after ten (10) Years After ten (10) years of cumulative full-time
service with the City, each qualified employee shall be entitled to payment
for fifty percent (50%) of the total sick leave benefit credited into either, 1)
their individual RHS account or, 2) their individual 457 deferred
compensation account, or 3) cash, upon the effective date of such
termination, not to exceed a maximum limit of six hundred forty (640)
hours, at the base rate of pay effective on the date of such termination.
3. Pament after fifteen (15) years. Affected employees who have completed
fifteen (15) years of cumulative full-time service with the city shall be
entitled to payment for one hundred percent (100%) of the total accrued
unused sick leave benefit credited into either, 1) their individual RHS
account or, 2) their individual 457 deferred compensation account, or 3)
cash, upon the effective date of their termination,not to exceed a maximum
limit of one thousand six hundred (1,600) hours, at the rate of base pay
effective on the date of such termination.
4. Employees who notify the City, in writing, of their intent to retire within
twelve(12)calendar months from the date of retirement shall be allowed to
cash out any eligible sick leave bank balances(Sections 11.1(K)(1)through
11.1(K)(5)), upon request. .Employees shall receive payment the first
paycheck in January after the request has been made. If the employee
cashes out their eligible sick leave bank balances prior to retirement and
subsequently does not retire from the City, all future sick leave accrual for
the employee shall be subject to the same cash out provision elected and
will be processed on the final paycheck. All combined cash outs cannot
exceed what the employee would have been entitled to if the cash out was
processed on the final paycheck only.
5. A lump sum payment shall be made to the beneficiaries of any eligible
employee whose death occurs while such employee is an active employee
of the City, such payment to be in the amount of one hundred percent
(100%) of the total sick leave benefit credited to the employee's account at
the time of their death, and at the rate of pay effective on the date of death.
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L. California's Healthy Workplaces/Healthy Families Act of 2014 (AB1522) also
known as California's Paid Sick Leave Law, required the City to provide paid sick
leave to eligible employees upon oral or written request, within the parameters of
the law,for the following purposes:
• Diagnosis, care, or treatment of an existing health condition of,or preventative
care for an employee or an employee's qualified family member;
• Specified purposes for an employee who is a victim or domestic violence,
sexual assault, or stalking.
11.2 Bereavement Leave.
A. An employee shall be granted up to five(5)working days leave without loss of pay
in the case of a death of a member of the employee's immediate family. Such leave
is designated as bereavement leave. "Immediate family" as used in this section is
limited to;
1. Any member of the employee's household related by blood or marriage;
2. A parent, parent-in-law, stepparent, spouse, domestic partner, child,
brother, sister, stepbrother, stepsister, grandparent, or grandchild of the
employee, regardless of residence;
3. Any other relative of the employee by blood or by marriage where it can be
established by the employee that as a result of such relative's death, the
employee's presence is required to handle funeral arrangements and/or
matters of estate,
B. Whenever an employee is required to travel one way more than five hundred (500)
miles to attend to the death of a member of the employee's immediate family, an
employee may use up to sixteen (16) hours of additional leave charged to their
Personal Necessity Leave balance when authorized by the Department Head.
11.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave
if they furnish the Executive Director of Human Resources satisfactory proof of
their order to report for duty. Upon return and upon showing of proof of actual
service pursuant to such orders, they shall be reinstated as provided in Section 9-
143 of the Civil Service Rules and Regulations of the City of Santa Ana.
B. Temporary. Members of the reserve forces of the United States, or the National
Guard, granted temporary leave when ordered to duty, in accordance with the
Military and Veterans Code, shall be granted leave with pay not to exceed thirty
(30) calendar days in each calendar year after one (1) year of service with the City
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13139922.1 SA370-001
upon presenting satisfactory proof of orders to and from such temporary active
duties.
11.4 Jury and Witness Leave. When an on-duty employee is called to serve as a juror or non-
party witness in any court action, they shall be allowed to leave for the time actually
required for such service without loss of pay. Each on-duty employee called for such
service shall present to their Department Head for examination the subpoena calling them
to such service and shall pay into the City Treasury the fees collected for such service,with
the exception of reimbursement for transportation expenses, if any.
If an employee is called to serve on jury duty during a normal Friday off, or a Saturday, or
Sunday, or on a City holiday, then the jury duty shall be considered the same as having
occurred during the employee's day off work.
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
shall be granted leave with pay for the time actually required without loss of any accrued
vacation time off benefits.
1.1.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be
considered cause for dismissal. Unauthorized absence from duty for a consecutive number
of working hours equal to the number of working hours in the employee's normal
workweek (five (5) consecutive working days) may be deemed a resignation from City
service; provided, however, if upon return to duty the person so absenting themselves
makes an explanation satisfactory to the Department Head regarding the cause of their
absence,the Department Head may restore them to their position,with the City Manager's
approval.
11.7 Authorized Absence Without Pay - Short Term. Absence without pay not to exceed five
(5) consecutive working days may be authorized by the employee's Department Head.
Absence without pay not to exceed fifteen (15) calendar days may be authorized by the
Department IIead with the approval of the City Manager. Such an absence may be
authorized only if in the judgment of the Department Head it serves the best interest of the
City.
11.8 Authorized Absence Without Pa -Lon Term. Upon receipt of a written request from an
employee having permanent status, plus action by the Department Head recommending
approval of the request,the City Manager may grant a leave of absence without pay for up
to six (6)months.
An employee returning to duty with the City shall inform the Department Head and the
Executive Director of Human Resources of their intention at least thirty(30) calendar days
prior to the expiration of the six(6)month period,or shorter period if the full six(6)months
is not taken. Upon receipt of such notice,the Department Head shall take steps necessary
to restore the employee to their former position.
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In addition to the above, the City Manager may grant a further extension not to exceed a
total of one (1) year leave of absence without pay.
11.9 Industrial Leave. Any period of time during which an employee is required to be absent
from their position by reason of an industrial injury or industrial illness for which they are
entitled to receive compensation shall not be considered a break in continuous service for
the purpose of their right to salary adjustments or to the accrual of vacation and seniority.
11.10 Preg!2ancy Disability Leave. A pregnant employee is entitled to a reasonable leave of
absence without pay for any temporary disability resulting from pregnancy, miscarriage,
childbirth, or recovery therefrom. Such reasonable leave of absence shall not exceed four
(4) months. However, an employee may be granted up to an additional two (2) months of
leave, at the discretion of the City Manager, for a total of up to six (6) months in which to
recover from the disability if substantiated by a physician's certificate.
Employees may take an unpaid leave of absence during pregnancy disability consistent
with the law.
As with all other temporary disabilities, a physician's certificate is required to verify the
extent and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give a reasonable notice (not less
than four (4) weeks) before the date they shall take the leave and provide the estimated
duration of the leave. Health and welfare insurance coverage shall be continued only if the
employee pays a cash premium to continue coverage while on a leave of absence without
pay or is covered under the Pregnancy Disability Leave (PDL), Family.Medical Leave Act
(FMLA), and/or California Family Rights Act(CFRA) provisions.
11,11 Paid Parental Leave. Employees who have completed twelve (12) months of full-time
employment with the City shall be eligible for paid parental leave with pay of up to eight
(8) weeks for the birth, adoption, or foster of a child. Such leave shall run concurrently
with FMLA/CFRA. An employee who plans to take paid parental leave must give a
reasonable notice (not less than four (4) weeks or as soon as practicable when a four (4)
week notice is not possible due to the unexpected nature of the qualifying event)before the
date they intend to take the leave and the estimated duration of the leave.
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ARTICLE XII
12.0 EMPLOYEE INSURANCE
12.1 Health Insurance. The City shall contribute an allowance towards the employee's Cafeteria
Benefit plan for health insurance premiums for eligible employees and their qualified
dependents under The Public Employees' Medical&Hospital Care Act(PEMHCA)which
governs the California Public Employees' Retirement System(CaIPERS)Health Insurance
Programs pursuant to the provisions below:
A. For each such employee who is covered under a spouse's non-City sponsored health
plan,the City shall pay the employee a cash payment(subject to taxation as wages)
each month in an amount equal to the City contribution for the "employee-only"
coverage for medical, if the employee waives, in writing, City-provided coverage.
1, Effective January 1, 2025, the City will provide a monthly contribution to
health insurance premiums at the following rates:
Employee Only $1,004.00
• Employee+1 $.1,657.00
• Employee+Family $2,050.00
2. Effective January 1, 2026, the City will provide a monthly contribution to
health insurance premiums at the following rates:
• Employee Only $1,154.00
• Employee+1 $1,807.00
• Employee+Family $2,200.00
3. Effective January 1, 2027, the City will provide a monthly contribution to
health insurance premiums at the following rates:
• Employee Only $1,304.00
• Employee+1 $1,957.00
• Employee+Family $2,350.00
4. Effective January 1, 2028, the City will provide a monthly contribution to
health insurance premiums at the following rates:
• Employee Only $1,454.00
+ Employee+1 $2,107.00
• Employee+Family $2,500.00
The above amounts are inclusive of the CaIPERS statutory minimum which
CaIPERS determined and publishes each year.
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B. Any contribution necessary to maintain benefits under City-sponsored medical
plans in excess of the amount set forth above shall be borne entirely by the
employee.
C. The parties recognize that certain State and Federal laws,programs and regulations,
including the Affordable Care Act, may impact future medical plan offerings. In
the event that reform measures enacted during the term of this MOU alter healthcare
options, cost or other elements of healthcare services, thereby materially altering
the provisions of this MOU, the parties agree that upon the request of either party
the parties shall re-open Section 12.1 hereof regarding medical insurance for the
purpose of discussing alternative approaches and proposals to providing healthcare
benefits hereunder. In addition, should State or Federal laws concerning the
taxation of healthcare benefits change, the parties agree to meet and discuss the
impact of such change.
12.2 Dental Insurance.
A. The City agrees to contribute towards the premiums for dental insurance plans
provided by the City for employees covered by this MOU and their eligible
dependents on the following basis:
1. The City shall contribute an allowance towards the employee's Cafeteria
Benefit plan for dental insurance premiums for eligible employees and their
qualified dependents in the amount of one hundred thirty dollars ($130)per
month per employee.
B. Any contribution necessary to maintain benefits under said dental plans in excess
of the amount of the City contribution to the cafeteria plan specified above shall be
borne entirely by the employee.
12.3 Vision. Plan. The City shall maintain in effect its existing vision plan, for employees and
their eligible dependents.
A. Effective January 1, 2026 The City shall contribute a maximum amount of fifteen
dollars and seventy-five cents ($15.75) per month for each employee toward the
payment of premiums for vision insurance plans provided by the City for
employees and their eligible dependents.
Any contribution necessary to maintain benefits under said vision plans in excess
of the amounts set forth above shall be borne entirely by the employee.
12.4 Long-Term Disability(L.T.D.) Insurance. The City shall pay one hundred percent(100%)
of the premium cost for a sixty (60) day elimination period with a maximum benefit of
seven thousand five hundred dollars ($7,500) per month for a long-term disability
insurance plan for employees.
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Effective January 1, 2026 the City shall pay one hundred percent (1000/0) of the premium
cost for a sixty(60)day elimination period with a maximum benefit of ten thousand dollars
($10,000) per month for a long-term disability insurance plan for employees.
12.5 Life Insurance. The City shall maintain in effect its existing life insurance plans covering
employees, including term life insurance coverage for each affected employee in the
amount of fifty thousand dollars($50,000)plus fifty thousand dollars($50,000)Accidental
Death and Dismemberment(AD&D) coverage at no cost to the employee.
12.6 The City shall retain the right to change health, dental, and life insurance carriers,
administer the insurance benefits provided thereunder,and select and/or change any excess
or supplemental insurance carriers as a part of any self-insurance plan during the term of
this MOU, provided that employees continue to receive equivalent benefits and provided
that the parties have met and conferred before the benefits changes are made.
12.7 When there is a need to discuss matters relating to employee insurance and the City
believes it would be beneficial to involve an Insurance Committee, CASA shall have an
equal number of representatives as the City on such a committee,and the Committee shall
meet as necessary.
12.8 Retirement Health Savings Plan. Employees participate in the City's Retirement Health
Savings flan (RHS) subject to the following:
A. Employees shall contribute one and one-half percent(1.5%) of their base pay each
pay period to the RHS plan, which amount shall be deposited into the employee's
individual RIIS account. This contribution shall be made on a pre-tax basis.
B, The City will contribute one percent (11/%) of the employee's base pay deposited
into their individual RHS account each pay period.
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ARTICLE XIII
13.0 RETIREMENT
13,1 General. The terms of the existing contract between the City and the California Public
Employees' Retirement System (CaIPERS) governing the City retirement benefits for
affected employees are incorporated by reference herein. The City shall continue to make
contributions to CaIPERS in accordance with its contract with CaIPERS for affected
employees covered by such contract as amended.
13.2 Deferred Retirement. The City shall continue to make payment to CaIPERS on behalf of
each affected employee, as defined in Sections 13.3(A) and 13.3(B), in an amount
necessary to pay one hundred percent (100%) of their individual retirement contribution
which is equal to eight percent(8%)of base salary. Such payments shall be credited to the
individual employee's CaIPERS account.
Such payments are not increases in base salary and no salary range applicable to any
employees shall be changed or deemed to have been changed by reason thereof. As a
result, the City shall not treat these payments as ordinary income and, thus shall not
withhold Federal or State income tax from these payments. In the event that the City
receives a ruling from, the Internal Revenue Service that such payments are ordinary
income of the employees instead of deferred compensation, the City's obligation to make
such payments shall discontinue and in place thereof the base salary of each employee shall
forthwith be increased by eight percent(8%).
For the purpose of reporting an employee's compensation to CaIPERS, the City shall
include these payments as if they were a part of the employee's base salary.
13.3 2.7%at 55 Service Retirement Benefit for Miscellaneous Members.
A. The City agrees to continue to provide Miscellaneous employees who were
appointed to their classification on or before December 31, 2012 with the 2.7% at
55 Service Retirement benefit. Pursuant to CaIPERS regulations,this formula shall
apply only to the aforementioned employees that are in an active status. This
formula shall apply to each year of eligible service credited with the City of Santa
Ana.
B. The City agrees to provide Miscellaneous employees who are appointed to their
classification on or after January 1, 2013 and are not new members as defined by
the California Public Employees' Pension Reform Act of 2013 (AB340), with the
2.7% at 55 Service Retirement benefit. Pursuant to CaIPERS, this formula shall
apply only to the aforementioned employees that are in an active status. This
formula shall apply to each year of eligible service credited with the City of Santa
Ana.
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C. Payment toward the 2.7%at 55 Service Retirement Benefit. Employees defined in
Section 13.3(A) contribute eight percent (8%) of their salary to the employer's
share of the cost of the 2.7% at 55 enhanced retirement formula. All employee
contributions to the employer's cost of the CalPERS retirement benefits shall be
implemented as cost-sharing pursuant to Government Code Section 20516(f). To
the extent permitted by CalPERS and the Internal Revenue Service, this eight
percent (8%) contribution shall be implemented through payroll deductions on a
pre-tax basis.
Employees defined in. Section 13.3(B) shall contribute eight percent (8%) of their
salary toward the employer contribution of the 2.7% at 55 retirement benefit. All
employee contributions to CalPERS for their retirement benefits shall be
implemented as cost-sharing pursuant to Government Code Section 20516(f).
Pre-Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue
Service regulations, the City shall make the above employee deductions pre-tax
contributions.
13.4 2.0% at 62 Service Retirement Benefit for Miscellaneous Members,
A. The City agrees to provide Miscellaneous employees who were appointed to their
classifications on or after January 1, 2013, and who are defined as new members
under the California Public Employees' Pension Reform Act of 2013 (AB340),
with the 2.0%at 62 Service Retirement benefit.
Pursuant to CaIPERS regulations, this formula shall apply only to the
aforementioned employees that are in an active status. This formula shall apply to
each year of eligible service credited with the City of Santa Ana.
B. Payment towards the 2.0%at 62 Service Retirement Benefit.Employees defined in
13.4(A) shall contribute at least fifty percent (50%) of normal cost of the 2.0% at
62 retirement benefit.
Pre-Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue
Service regulations, the City shall make the above employee deductions pre-tax
contributions.
13.5 Credit for Unused Sick Leave.
A. An employee shall be permitted to have unused accumulated sick leave at the time
of retirement converted to additional service credit at the rate of four thousandths
(0,004)years of service credit for each eight(8)hour day of unused sick leave(i.e.,
two hundred (200) days of sick leave equals eight tenths (0.8) of an additional year
of service credit).
B. Effective July 19,2023,the maximum total unused sick leave that can be converted
shall be ten (10) eight(8) hour working days equal to eighty(80) hours.
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C. Effective the date of City Council adoption of this 2025-2028 MOU,the maximum
total unused sick leave that can be converted by an employee covered by this MOU
to additional service credit at the time of retirement shall be forty-four (44) eight
(8) hour working days equal to three hundred fifty-two (352) hours. Employees
hired on or after a contract amendment between the City and CalPERS shall not be
eligible to convert unused sick leave to CalPERS for service credit.
D. The City must report only those days of unused sick leave that were accrued by the
employee during the normal course of employment. This section applies to
employees whose effective date of retirement is within four (4) months of
separation from employment.
13.6 Military Service Credit as Public Service. An employee shall be permitted to purchase up
to four (4) years of service credit for any continuous active military or merchant marine
service prior to employment. The employee must contribute an amount equal to the
contribution for current and prior service that the employee and the employer would have
made with respect to that period of service.
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ARTICLE XIV
14.0 SAFETY
14,1 General. The City and the employees of the City agree to comply with all applicable
Federal, State and local laws, and the City of Santa Ana regulations,which relate to health
and safety.
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ARTICLE XV
15.0 DISCIPLINE
15.1. Pre-Disciplinary Procedure
A. 1f an employee is to be suspended without pay, reduced in pay, demoted, or
dismissed, the employee shall:
1. Receive written notice of the intended action at least ten (10) calendar days
before the date it is intended to become effective, stating the specific
grounds and the particular facts upon which the intended action is based.
2. Receive copies of any known materials, reports, transcripts, statements, or
other documents upon which the intended action is based.
3. Be accorded the right to respond to the intended charges in writing or in
person with the Department Head or designee within a reasonable period of
time, not.to exceed ten (10) calendar days unless the Department Head or
designee authorizes a longer time.
4. Be given the written decision of the Department Head or designee at the
earliest practicable date prior to the effective date of the disciplinary action.
15.2 Disciplinary Appeals Procedure
A. Appeals Procedures for Disciplinary Action Not Covered by the Informal Appeals
Procedure
1. step I
a. If an employee desires to appeal a disciplinary action not covered
by the informal appeals process, they (or their representative) shall
submit a written notice of appeal to the Executive Director of
Human Resources or designee within ten (10) calendar days of
receiving the written decision from the Department Head or
designee.
b. The Department Head or City Manager or designee (depending on
who issued the disciplinary action as determined by the Executive
Director of Human .Resources or designee) shall meet with the
employee within twenty-one(21)calendar days after the submission
of the appeal. The Department Head or City Manager or designee
may affirm, reverse, or modify the disciplinary action.
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C. The Department Head or City Manager or designee shall deliver the
written response to the employee within ten(10) calendar days after
meeting with the employee.
2. St. ep 2.
a. Filing the appeal: If the employee is not satisfied with the
Department Head's or City Manager's or designee's decision, they
(or their representative) shall submit a written notice of appeal to be
submitted to an impartial arbitrator for a final and binding decision.
The Association may elect to submit the appeal to the City Manager
for review in lieu of binding arbitration; in that case,the decision of
the City Manager shall be final and binding Such written notice of
appeal shall be submitted in writing to the Executive Director of
Human Resources or designee within ten (10) calendar days of
receiving the written decision from the Department Head or City
Manager or designee.
b. The City and Association shall create and maintain a list of three(3)
to five (5)mutually approved arbitrators.
C. The City and Association shall select an arbitrator from the standing
list via the striking method. The parties shall mutually agree which
party strikes the first name. If the parties cannot mutually agree,the
parties shall toss a coin to determine who shall strike the first name.
Once the arbitrator is selected,the parties will contact the arbitrator
to schedule a hearing.
d. If none of the identified arbitrators are able to take the case,then the
parties will request a list of seven (7) arbitrators from the State
Mediation and Conciliation Services. Once the list is received, the
representatives of the parties shall strike names until an arbitrator is
chosen. The parties shall mutually agree which party will strike the
first name.If the parties cannot mutually agree,the parties shall toss
a coin to determine who shall strike the first name. Once the
arbitrator is selected, the parties will contact the arbitrator to
schedule a hearing.
e. Hearing Process: During the hearing, the formal rules of evidence
do not apply. The cost of the arbitrations, including but not limited
to the list of arbitrators, the arbitrator themselves, and the court
reporter, shall be split evenly between the City and the Association.
The arbitrator's decision will be final and binding. The arbitrator
shall issue the decision within thirty (30) calendar days from the
conclusion of the hearing, unless the parties agree otherwise.
15.3 Informal Appeals Procedure
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A. Informal Appeals Procedure, as opposed to the formal procedures,shall be used for
written reprimands.
1. The appeal is an opportunity for the employee (or their representative) to
present information and arguments why a written reprimand should not be
issued or offer alternatives to the written reprimand.
2. Notice of Appeal: Within ten(10) calendar days of receipt by an employee
of the written reprimand,the employee (or their representative) shall notify
the Executive Director of Human Resources or designee in writing that they
intend to appeal the written reprimand. The Executive Director of Human
Resources or designee shall contact either the employee or their identified
representative within ten (10) calendar days of receipt of the notice of
appeal to schedule the appeal meeting.
3. Hearing Officer: The Department Head or City Manager or designee
(depending on who issued the written reprimand as determined by the
Executive Director of Human Resources or designee) shall serve as the
hearing officer. The meeting shall take place within twenty-one (21)
calendar days from the date the employee filed the appeal or such other time
as .may be agreeable by the parties.
4. Decision: After the meeting, a decision will be submitted in writing within
thirty(30)calendar days and provided to the employee.The decision is final
and binding.
15A Performance evaluations shall not be subject to appeal.
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ARTICLE XV1
16.0 GRIEVANCE REVIEW PROCEDURE
16,1 Alleged Violations Concerning the Interpretation or Application of Specific Provisions of
This MOU.
A. Solely the Association (not an employee or group of employees) shall be allowed
to file a grievance concerning the interpretation or application of specific provisions
of this MOU,
B. The parties can mutually agree to extend any deadlines in this Article.
16.2 Step 1.
A. The Association shall first attempt to resolve a grievance concerning the
interpretation or applicable application of specific provisions of this MOU at Step
1 with the Executive Director of Human Resources or designee without undue
delay, but in no case,beyond a period of ten(10)calendar days after the occurrence
of the alleged incident giving rise to the grievance, or when the grievant knew or
should have reasonably become aware of the facts giving rise to the grievance.
B. The Executive Director of Human Resources or designee will respond to the
grievance within fourteen(14) calendar days of receiving the grievance.
C. Every effort shall be made to find an acceptable solution to the grievance at Step 1.
163 Step 2.
A. If the Association is not satisfied with the response from the Executive Director of
Human Resources or designee,the Association must submit grievance in writing to
Step 2 (binding arbitration) to the Executive Director of Human Resources or
designee with ten (10) calendar days of receiving the Step 1 response. The
Association may elect to submit the grievance to the City Manager for review in
lieu of binding arbitration; in that case, the decision of the City Manager shall be
final and binding. Should the Association fail to file a written grievance at Step 2
within ten (10) calendar days after receiving the response at Step 1, the grievance
shall be barred and waived.
B. The City and Association agree to select an arbitrator in the following manner:
1. The City and Association shall refer to the mutually approved list of
arbitrators as specified in Section 16.2(A)(2)(b).
2. The City and Association shall select an arbitrator from the standing list via
the striking method. The parties shall mutually agree which party strikes
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the first name. If the parties cannot mutually agree, the parties shall toss a
coin to determine who shall strike the name. Once the arbitrator is selected,
the parties will contact the arbitrator to schedule a hearing.
3. If none of the identified arbitrators are able to take the case,then the parties
will request a list of seven (7) arbitrators from the State Mediation and
Conciliation Services. Once the list is received, the representatives of the
parties shall strike names until an arbitrator is chosen. The parties shall
mutually agree which party strikes the first name. If the parties cannot
mutually agree, the parties shall toss a coin to determine who shall strike
the first name. Once the arbitrator is selected, the parties will contact the
arbitrator to schedule a hearing.
C. Hearing Process,: During the hearing, the formal rules of evidence do not apply.
The cost of the arbitration including but not limited to the list of arbitrators, the
arbitrator themselves, and the court reporter shall be split evenly between the City
and Association. The arbitrator's decision shall be final and binding. The arbitrator
shall issue their decision within thirty(30)calendar days from the conclusion of the
hearing, unless the parties agree otherwise.
16.4 Alleged Violations of City Rules Regulations, and Policies.
A. If an employee, group of employees, or Association (grievant) believes there has
been a violation, misapplication, or misinterpretation of a City rule, regulation, or
policy,the grievant may file a grievance within ten(10)calendar days of the alleged
violation,misapplication,or misinterpretation or when the grievant knew or should
have reasonably become aware of the facts giving rise to the grievance.
B. Steil.
1. A grievant must submit a grievance in writing to the Executive Director of
Human Resources or designee.
2. The Department Head shall meet with the employee within ten(10)business
days after submission of the grievance.
3. The Department IIead shall deliver the Step 1 written response to the
employee within ten(10) calendar days after meeting with the employee.
C. Step 2-
1. If the grievant is not satisfied with the Step 1 response, the grievant must
submit the grievance in writing to Step 2 to the Executive Director of
Human Resources or designee within ten (10) calendar days of receiving
the Step 1 response.
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2. The City Manager or designee shall meet with the employee within twenty-
one (21) days after submission of the Step 2 grievance. The City Manager
or designee may affirm,reverse, or modify the decision made at Step 1.
3. The City Manager or designee shall deliver the Step 2 written response to
the employee within ten (10) calendar days after meeting with the
employee.
D. Step 3.
1. If the grievant is not satisfied with the Step 2 response, the grievant must
submit the grievance in writing to Step 3 (binding arbitration) to the
Executive Director of Human Resources or designee within ten (10)
calendar days of receiving the Step 2 response. Should the grievant fail to
file a written grievance at Step 3 within ten (10) calendar days after
receiving the response at Step 2, the grievance shall be barred and waived.
2. The City and Association agree to select an arbitrator in the following
manner:
a. The City and Association shall refer to the mutually-approved list of
arbitrators as specified in Section 16.2(A)(2)(b).
b. The City and Association shall select an arbitrator via the striking
method.The parties shall mutually agree which party strikes the first
name. If the parties cannot mutually agree, the parties shall toss a
coin to determine who shall strike the first name.Once the arbitrator
is selected, the parties will contact the arbitrator to schedule a
hearing.
C. If none of the identified arbitrators are able to take the case,then the
parties will request a list of seven (7) arbitrators from the State
Mediation and Conciliation Services. Once the list is received, the
representatives of the parties shall strike names until an arbitrator is
chosen.The parties shall mutually agree which party strikes the first
name. If the parties cannot mutually agree, the parties shall toss a
coin to determine who shall strike the first name. Once the arbitrator
is selected, the parties will contact the arbitrator to schedule a
hearing.
3. Hearing Process: During the hearing, the formal rules of evidence do not
apply. The cost of the arbitration including but not limited to the list of
arbitrators, the arbitrator themselves, and the court reporter shall be split
evenly between the City and Association. The arbitrator's decision shall be
final and binding. The arbitrator shall issue their decision within thirty(30)
calendar days from the conclusion of the hearing, unless the parties agree
otherwise.
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ARTICLE XVII
17.0 ASSOCIATION RIGHTS
17.1 Release Time for Association Representatives. CASA shall have the right to appoint/elect
a reasonable number of representatives who are recognized by the City as officers or work
site leaders/stewards.
A. Such reasonable number of work site leaders/stewards recognized by the City shall
be limited to six(6).
B. The City's Executive Director of Human Resources or designee shall be provided
with a list of names and classification titles of CASA's officers,as well as the names
and classification titles of all work site leaders/stewards and other Association
representatives. The Association agrees to inform the City in writing of any
changes in this list within ten (10) calendar days.
C. During the term of this MOU, the City agrees to allow reasonable time off without
loss of compensation to enable the officers and worksite leaders/stewards to assist
other CASA unit employees in processing grievances under the Grievance Review
Procedure and. other CASA business activities; provided, however, that such
officers and worksite leaders/stewards shall make advance arrangement with their
supervisors prior to absenting themselves for such purpose. The officers and
worksite leaders/stewards shall be required by the City to record and report to their
supervisors the work time spent in assisting other association employees pursuant
to this provision of the MOU.
Time spent by the Association President, officers, or worksite leaders/stewards on
Association Release time, under this MOU, shall not be considered time worked
for computation of overtime according to the Fair Labor Standards Act.
17.2 Worksite Access.
A. Officers, worksite leaders/stewards, and/or Association representatives shall be
permitted to visit break and lunch areas designated by the City,before or after work
or during designated lunch periods, for the purpose of discussing Association
business, provided that arrangements are made in advance with the manager
responsible for the worksite.
B. Such visits shall not disrupt the work of City employees, interfere with the normal
operations of the department or with established safety and security requirements.
Where any such problems arise, CASA and the City will agree on an alternate
meeting/conference facility for the purpose of providing a place for CASA to hold
a meeting before or after work or during lunch periods. if the City facility provided
CASA as an alternate meeting site during non-working hours is a public meeting
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room, its scheduling and use shall be governed in accordance with regulations
pertaining to the use of public meeting rooms at City facilities.
C. Solicitations of membership and all activities concerned with the internal
management of CASA, such as collecting dues, holding membership meetings,
preparation of petitions, campaigning for office, conducting elections, and
distributing literature, shall not be conducted during working hours.
D. Officers and employees may perform those duties assigned to them by CASA, but
in no event shall they have the right to interfere with the performance of work of
any other employee or interfere with City operations or to call a strike, slowdown,
work stoppage, sympathy strike, or take any economic action against the City.
17.3 Release Time for Employee Representatives.
A. In the event that CASA is formally meeting and conferring with representatives of
the City on matters within the scope of representation during regular City business
hours, a reasonable number of officers, employee representatives or other officials
of CASA shall be allowed reasonable time off without loss of compensation or
other benefits.
B. Such officers and employee representatives shall not leave their duty or work
station or assignment without the prior knowledge of their supervisor or such
supervisor's supervisor.
C. Such meetings are subject to scheduling in a manner consistent with City operating
needs and work schedules.
17.4 Use of Bulletin Boards. Space shall be made available to CASA on the City's existing
employee bulletin boards for the purpose of posting notices pertaining to Association
business, subject to the following conditions:
A. Material posted by CASA shall not include campaign material on municipal
election matters, including elections for City Council,other City positions,or other
municipal political matters.
B. Material posted is not derogatory to the City, City employees, or other employee
organizations.
C. All materials are dated, identify CASA and bear the signature of the authorized
representative(s) of CASA responsible for their issuance.
D. The City reserves the right to determine what reasonable portion of employee
bulletin boards are to be allocated to Association materials.
E. If CASA does not abide by these provisions; it will forfeit its right to have materials
posted on the City's employee bulletin boards.
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F. CASA shall not be permitted to post any material that is prohibited by State law or
the City Charter.
17.5 Use of City Facilities. The City shall allow CASA to conduct meetings in the City's public
meeting rooms during non-working hours provided such meetings are scheduled in
accordance with regulations governing the use of public meeting rooms at City facilities;
provided,however, CASA shall not be permitted to use City facilities to discuss or present
any matter that is prohibited by State law or the City Charter.
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ARTICLE XVIII
18.0 DUES DEDUCTION &INDEMNIFICATION
18.1 Dues Deduction. Upon ratification and approval of dues collection by Association
membership, the City shall deduct dues, on a regular basis, from the pay of all employees
recognized to be represented by CASA, who voluntarily authorize such deduction, in
writing, on a forth to be provided for this purpose by the City. The City shall remit such
funds to CASA within thirty (30) calendar days following their deduction. Provisions for
such dues deduction shall be included in future MOUs should CASA members elect to
authorize the deduction.
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ARTICLE XIX
19.0 CITY RIGHTS
19.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of
management which have not been expressly abridged by specific provision of this MOU
or by taw to manage the City, as such rights existed prior to the execution of this MOU.
The sole and exclusive rights of Management, as they are not abridged by this MOU or by
law, shall include but not be limited to the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or nonexistence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted by
the City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to
be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods,technology,means, and size of
the workforce by which the City operations are to be conducted.
11. 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 Iack of work or similar non-disciplinary
reason, subject to the provisions of the City Charter, Municipal Code, Federal and
State law and this MOU.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend,demote,or otherwise discipline employees for proper cause
in accordance with the provisions set forth in the City Charter and Santa Ana
Municipal Code.
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M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this MOU.
O. To determine policies, procedures, and standards for selection, training and
promotion of employees.
P. To establish employee performance standards including but not limited to quality
and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this MOU.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
19.2 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 association,the City agrees
to meet and confer in good faith with representatives of CASA regarding the impact of the
contemplated exercise of such rights prior to exercising such rights, unless the matter of
the exercise of such rights is provided for in this MOU.
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ARTICLE XX
20.0 LAYOFFS
20.1 It is the hope of the City not to separate any employee(s) from employment because of a
reduction in the work force or work week during the term of this MOU. However,
circumstances arising during this MOU may require such separation(s). In that event, the
City shall notify CASA in writing of the layoff at least thirty (30) days prior to the
occurrence of the layoff of the employee and, if requested by CASA, schedule a meeting
to discuss the same. Only the written notice is required to occur thirty(30)days before the
proposed layoff.This provision in not intended to be a waiver of any other rights the parties
may have under this MOU.
20.2 If it is decided to contract out work currently being performed by association members and
it is projected that no employee covered by this MOU is to be laid off, receive a reduction
in hours worked,or receive a loss in pay due to such contracting out,the City shall provide
CASA reasonable notice of the decision to contract out, shall meet with CASA upon
CASA's request over the impact of the decision to contract out and shall consider
reasonable alternatives provided by CASA.
20.3 If the City determines to contemporaneously replace employees covered by this MOU with
contract workers to perform the same work under similar circumstances, it shall
expeditiously notify CASA of its intentions. Upon request by CASA, the City shall
schedule meetings with CASA leadership to discuss this objective and give CASA the
opportunity to present information before any final decision. The City and Association
leadership agree to commence meeting when practicable for a period not to exceed forty-
five (45)days, unless mutually agreed to meet longer. At the end of the agreed upon time
and if the parties have not achieved satisfactory resolution, the issues shall be resolved
according to the City's Employer-Employee Relations Resolution.
20.4 Notwithstanding Section 20.2 and/or Section 20.3 hereof,if any association member is laid
off as a result of a decision by the City to contract out work, the City shall make a
reasonable effort to cause the affected employee(s) to become employed by the company
or entity with which the City contracted for the applicable services.
20.5 The principles of seniority (length of service) shall govern layoffs as described herein,
except in the event that more than one (1) employee has the same seniority date, in which
case performance also shall be considered. The City's determination of performance shall
not be arbitrary or capricious in nature. Any dispute over the application of the principles
outlined in this Article shall be subject to the grievance procedure.
A. Classification seniority is defined as length of service in the classification,and shall
begin on the first date worked by the employee in that classification. Whenever a
position within a classification is to be eliminated, resulting in the layoff of an
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employee, seniority shall govern the order of layoff. The employee with the lowest
seniority in the affected classification shall be laid off first.
B. In lieu of layoff, an employee may elect to work in a lower classification, in which
they have served, providing that a vacancy exists and the classification is within the
same job family/career ladder. In that event,the employee's length of service in the
next lower classification shall be added to their length of service in the affected
classification, and the combined seniority shall be used to bump down into the next
lower classification. This method of combining seniority shall be applied to
subsequent lower classifications.
C. The reemployment Iist shall be valid for one (1) year from the date of its
establishment. Reemployment shall be in reverse order of layoffs. The Joint Labor
Management Team as outlined in Section 21.3 shall determine Job family/Career
Ladder for purposes of layoff.
20.6 An employee who is laid off from full time City employment pursuant to this Article, may
be granted a temporary appointment to a vacant position in any classification for which
there is no eligible list and for which the employee meets the minimum qualifications
established for the classification and possesses the requisite knowledge, skills and abilities
to satisfactorily perform the work of the classification. Such temporary appointment shall
be terminated upon the establishment of a new eligible list for the classification or on the
one hundred eightieth(I 80th)day following the initial day of such temporary appointment,
whichever occurs first.
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ARTICLE XXI
21.0 MISCELLANEOUS PROVISIONS
21.1 The City agrees to distribute Association membership pamphlets to bargaining unit
employees at the new employee orientation sessions conducted by the City.
21.2 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of a catastrophic,non-industrial medical
condition or injury, the City and Association agree to implement a Catastrophic Leave
Donation Program.
Nothing herein shall be construed to alter City policies and procedures as provided in the
Charter or ordinances of the City of Santa Ana or other provisions of this MOU with regard
to granting unpaid leaves of absence.
The Catastrophic Leave benefit will be provided for non-industrial injury or sickness only.
The leave shall cover the uncompensated time prior to the employee's becoming eligible
for Long Term Disability (L,T.D.) benefits. Any remaining Catastrophic Leave benefit
will be used to supplement L.T.D. benefit payments to ensure an employee continues to
receive their full salary continuation between both benefits.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
1. Employees may donate vacation or compensatory time or one (1) in lieu
holiday to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two (2) week period to submit donations.
Donations received after this two (2) week period shall not be processed.
The two (2) week period for each case shall be designated by the
Department Head or their designee as provided herein below.
3. All donations must be made in two (2) hour increments and a maximum of
eight(8)hours per donor,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 21.2(C)(2), will not be processed.
5, All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave and may be used pursuant to Section 11.1.
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B. Eligibility, Regular, full-time employees shall be eligible for Catastrophic Leave
Donations if the following criteria are met:
1. When it is reasonably foreseeable that all accrued time on the books, such
as sick leave, compensatory time and vacation, will be exhausted and the
employee's illness will continue past the time when the employee will be
on paid status.
2. The employee's Department Head,or their designee,has approved a written
request for donations accompanied by a medical statement from the
employee's attending physician. The attending physician's statement must
verify the 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
Department Head or their designee shall post a notice of the eligible
employee's need for donations on bulletin boards accessible to employees.
No confidential medical information shall be included in the posted notice.
2. Employees wishing to donate time to an eligible employee must sign their
authorization of the transfer of such donated time and provide:
a. Their name, department name, and employee number;
b. The number of hours of compensatory or vacation time of the
donation within the limitations of Section 21.2(A)(3);
C. The name, department and employee number of the recipient; and
d. A statement indicating that the donor understands such donation of
time is irrevocable.
3. At the close of the donation period, the department shall verify 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 21.2(A).
5. The City shall add the donated time to the recipient's sick leave account.
CONFIDENTIAL ASSOCIATION OF SANTA ANA(CASA)MOU: JULY 1,2025 THROUGH JUNE 30,2028
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21.3 Joint Labor Management Teams. The City and CASA agree to form Joint Labor
Management Teams for the purpose of exploring issues of mutual concern. Each team
shall be comprised of an equal number of labor and management employees and shall be
chaired by the Executive Director of Human Resources, or their designee. In no case shall
the activity of a team create a delay or hindrance to the ongoing operation of the City.
21 A Parking. Employees currently receive parking at no charge. The City and CASA agree to
meet and confer if the City wishes to charge employees for parking.
CONFIDENTIAL ASSOCIATION OF SANTA ANA{CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028
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ARTICLE XXII
22.0 SOLE &ENTIRE AGREEMENT
22.1 It is understood and agreed that the parties to this MOU are subject to all current and future
applicable federal and California laws,the City of Santa Ana Charter and Municipal Code,
as well as the City's Employer-Employee Relations Resolution number 81-75. It is the
intent of the parties hereto that the provisions of this .MOU shall supersede all prior
agreements and memoranda of agreement, or memoranda of understanding, or contrary
salary and/or personnel rules and regulations or administrative codes, provisions of the
City, oral or written, express or implied between the parties, and shall govern the entire
relationship and shall be the sole source of any and all rights which may be asserted
hereunder. This MOU is not intended to conflict with federal or State law or the City
Charter.
The City shall provide employees covered by this MOU a copy of this MOU and its
attachments, including a section containing the Employer-Employee Relations Resolution
of the City of Santa Ana.
22.2 Notwithstanding the foregoing,there exists within the City personnel rules and regulations
and departmental rules and regulations. These rules and regulations shall be continued to
the extent they do not contravene specific provisions of this MOU. Such rules and
regulations may,from time to time, be changed by the City. If these changes affect wages,
hours, and/or other terms and conditions of employment, the City shall meet and confer
with CASA;provided,further, however, no provision of the rules and regulations shall be
changed to contravene specific provisions of this MOU.
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ARTICLE XXHI
23.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU
23.1 During the term of this MOU,the parties mutually agree that they will not seek to negotiate
or bargain with regard to wages, hours and terms and conditions of employment, whether
or not covered by the MOU or in the negotiations leading thereto, and irrespective of
whether or not such matters were discussed or were even within the contemplation of the
parties hereto during the negotiations leading to this MOU. Regardless of the waiver
contained in this Article, the parties may,however, by mutual agreement, in writing, agree
to meet and confer about any matter during the term of this MOU.
CONFIDENTIAL ASSOCIATION OF SANTA ANA(CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028
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ARTICLE XXIV
24.0 EMERGENCY WAIVER PROVISION
24.1 In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection,civil disorder,national emergency,or similar circumstances,provisions
of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's
ability to respond to these emergencies, shall be suspended for the duration of such
emergency. After the emergency is declared over, this MOU will be reinstated
immediately. CASA shall have the right to meet and confer with the City regarding the
impact on employees of the suspension of the provisions in the MOU during the course of
the emergency.
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ARTICLE XXV
25.0 SEPARABILITY PROVISION
25.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full force and
effect for the duration of this MOU,provided that if any such affected provisions invalidate
or void any benefits of employees covered hereunder,the parties shall forthwith commence
negotiations to replace the invalidated benefits with benefits of comparable value.
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ARTICLE XXVI
26.0 TERM OF MOU
26.1 The term of this MOU shall be from July 1,2025 to June 30, 2028.
26.2 If this MOU is not replaced by a new mutually-agreed upon MOU between the City of
Santa Ana and CASA before June 30, 2028, then it is agreed that all provisions of this
MOU shall remain in effect until mutual agreement is reached on a new MOU.
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ARTICLE XXVII
27.0 RATIFICATION & EXECUTION
27.1 The City and CASA have reached an understanding as to certain recommendations to be
made to the City Council for the City of Santa Ana and have agreed that the parties hereto
will jointly urge the City Council to adopt a new wage and salary resolution which will
provide for the changes contained in the joint recommendations. The City and CASA
acknowledge that this MOU shall not be in Hall force and effect until ratified by the
membership of CASA and adopted by the City Council of the City of Santa Ana. Subject
to the foregoing,this MOU is hereby executed by the authorized representati es of the City
and CASA and entered into this 2"a day of December, 2025.
CITY OF S TA ANA, a Mun' 1pal
Corporat' n of t e State of Ca ' omia
Dated: �1 115r By:
yor
Dated: ct Z By: G�iLt
City Manager
Dated: l L' d25 By:
'ffxecutive Director, Human Resources
ATTEST: 4 �
yCl
PROVE O FORM:
Peter Brown
Labor Attorney
Liebert Cassidy Whitmore
CONFIDENTIAL ASSOCIATION OF SANTA ANA(CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028
Page 73
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i
E
ggi
i
This MOO 2025-2028 has bray ratified by the members,hip of the Confidential Association of !
Santa Ana(CASA).
CASA.:
Dated, �. � � `� �� By.
Change County Employees Assoclatlan
Chief Negotiator
Dated,° , _ By: b-Yl YW
CASA�i�,�lic�eiat — T�
CONFIOENl"IAL ASSOCIATION OF SANTA ANA(CASA)MOU: JULY 1,2025 THROUGH JUNE30,2028
rclge 74
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,
EXHIBIT A
MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 13,2025 TO JULY 11, 2026
JOB
JOB TITLE CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Administrative Receptionist(Excepted) 07272 4,447 4,667 4,900 5,t48 5,404 5,673
UC _
Administrative Secretary(Excepted) 07271 5,647 5,929 6,225 6,544 6,872 7,2t2
UC
Budget Aide(UC) 00497 6,608 6,936 7,284 7,648 8,031 8,435
Budget Analyst(UC) 00496 7,501 7,874 8,271 8,684 9,1 l9 9,576
Citywide Community Liaison 04900 7,725 8,109 8,514 8,943 9,386 9,856
(Excepted) UC
Claims Adjuster(UC) 00124 7,320 7,689 8,070 8,475 8,898 9,342
Council Services Secretary(Excepted) 00830 5,099 5,357 5,624 5,903 6,203 6,510
UC _
Data Analyst(UC) 00498 7,501 7,874 8,271 8,684 9,119 9,576
Equity and Inclusion Coordinator 41515 7,501 7,874 8,271 8,684 9,119 9,576
_(Excepted)(UC) _
Executive Assistant(Excepted)(UC) 00900 6,705 7,042 7,393 7,762 8,149 8,558
Executive Secretary(UC) 07392 5,929 6,225 6,544 6,872 7,212 7,575
Executive Secretary to the Police Chief 00140 5,929 6,225 6,544 6,872 7,21.2 7,575
C
Financial Analyst(UC) 00481 7,320 7,689 8,070 8,475 8,898 9,342
Human Resources Administrative 07069 4,900 5,148 5,404 5,673 5,960 _ 6,258
Assistant(UC) __
Human Resources Analyst(UC) 01520 7,320 7,689 8,070 8,475 8,898 9,342
Human Resources Communications 08590 7,320 7,689 8,070 8,475 8,898 9,342
Specialist(UC) _
Human Resources Specialist(UC) 07070 4,900 5,148 5,404 5,673 5,960 6,258
Human Resources Technician(UC) 01250 5,990 6,2.86 6,608 6,936 7,284 7,648
Legal Office Assistant(Excepted)(UC) 07080 4,094 4,297 4,514 4,738 4,976 5,225
Legal Secretary(Excepted)(UC) 07120 5,075 5,330 5,595 5,876 6,170 6,481
Management Aide(Excepted)(UC) 01201 6,608 6,936 7,284 ' 7,648 8,031 8,435
Management Aide(UC) 01200 6,608 6,936 7,284 7,648 8,031 8,435
Management Analyst-Police 00148 7,501 7,874 8,271 8,684 9,119 9,576
Oversight Commission(Excepted)
UC
Management Analyst(Excepted)(UC) 00750 7,501 7,874 8,271 8,684 9,119 9,576
Management Analyst(UC) 01720 7,501 7,874 8,271 9,684 9,119 9,576
Organizational Development and 00476 7,320 7,689 8,070 8,475 8,898 9,342
Training Analyst UC
Paralegal(Excepted)(UC) 01670 6,018 6,319 6,640 6,971 7,320 7,689
Payroll Systems Analyst(UC) 07400 9,119 9,576 10,053 10,556 11,082 11,635
Payroll Technician(UC) 07410 5,990 6,286 6,608 6,936 7,284 7,648
CONFIDENTIAL ASSOCIATION OF SANTA ANA(CASA)MOU: JULY 1,2025 THROUGH JUNE 30,2028
Page 75
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JOB
JOB TITLE CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Police Oversight Commission 07322 5,121 5,379 5,647 5,929 6,225 6,544
Secretary UC
Risk Management Analyst(UC) 01756 7,320 7,689 8,070 8,475 8,898 9,342
Risk Management Assistant(UC) 01753 4,667 4,900 5,148 5,404 5,673 5,960
Risk Management Specialist(UC) 01758 4,900 5,148 5,404 5,673 5,960 6,258
Risk Management Technician(UC) 01755 5,990 6,286 6,608 6,936 7,284 7,648
Senior Graphics Artist(Excepted)(UC) 02395 7,180 7,537 7,915 8,311 8,727 9,162
Senior Human Resources Specialist 07300 5,432 5,704 5,990 6,286 6,608 6,936
UC
Senior Legal Secretary(Excepted) 07310 5,647 5,929 6,225 6,544 6,872 7,212
UC
Senior Paralegal(Excepted)(UC) 01675 7,320 7,689 8,070 8,475 8,898 9,342
Senior Payroll Technician(UC) 0741.5 6,608 6,936 7,284 7,648 8,031 8,435
Training Coordinator(UC) 01280 9,073 9,528 j 10,002 1 10,503 11,026 11,579
CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028
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MONTHLY WAGE RATE SCHEDULE
EFFECTIVE JULY 12,2026 TO JULY 10,2027
JOB
JOB TITLE CODE STEP AA STEP A STUB ,STEP C STEP D STEP E
Administrative Receptionist 07272 4,625 4,854 5,096 5,354 5,620 5,900
(Excepted) C
Administrative Secretary(Excepted) 07271 5,873 6,166 6,474 6,806 7,147 7,500
UC
Budget Aide(UC) 00497 6,872 7,213 7,575 7,954 8,352 8,772
Budget Analyst(UC) 00496 7,801 8,189 8,602 9,031 9,484 9,959
Citywide Community Liaison 04900 8,034 8,433 8,855 9,301 9,761 10,250
(Excepted) UC
Claims Adjuster(UC) 00124 7,613 7,997 8,393 8,814 9,254 9,716
Council Services Secretary 00830 5,303 5,571 5,849 6,139 6,451 6,770
(Excepted) UC
Data Analyst(UC) 00498 7,801 8,189 8,602 9,031 9,484 9,959
Equity and Inclusion Coordinator 01515 7,801 8,189 8,602 9,031 9,484 9,959
(Excepted) UC
Executive Assistant(Excepted)(UC) 00900 6,973 7,324 7,699 8,072 8,475 8,900
Executive Secretary(UC) 07392 6,166 6,474 6,806 7,147 7,500 7,878
Executive Secretary to the Police 00140 6,166 6,474 6,806 7,147 7,500 7,878
Chief C
Financial Analyst(UC) 00481 7,613 7,997 8,393 8,814 9,254 9,716
Human Resources Administrative 07069 5,096 5,354 5,620 5,900 6,198 6,508
Assistant(UC) _ _
Human Resources Analyst(UC) 01520 7,613 7,997 8,393 8,814 9,254 9,716
Human Resources Communications 08590 7,613 7,997 8,393 8,814 9,254 9,716
Specialist(!IC
Human Resources Specialist(UC) 07070 5,096 5,354 5,620 5,900 6,198 6,508
Human Resources Technician(UC) 01250 6,230 6,537 6,872 7,213 7,575 7,954
Legal Office Assistant(Excepted) 07080 4,258 4,469 4,695 4,928 5,175 5,434
(UC)
Legal Secretary(Excepted)(UC) 07120 5,278 5,543 5,819 6,111 6,417 6,740
Management Aide(Excepted)(UC) 01201 6,872 7,213 7,575 7,954 8,352 8,772
Management Aide(UC) 01200 6,872 7,213 7,575 7,954 8,352 8,772
Management Analyst-Police 00148 7,801 8,189 8,602 9,031 9,484 9,959
Oversight Commission(Excepted)
UC
Management Analyst(Excepted) 00750 7,801 8,189 8,602 9,031 9,484 9,959
UC
Management Analyst(UC) 01.720 7,801 8,189 8,602 9,031 9,484 9,959
Organizational Development and 00476 7,613 7,997 8,393 8,81.4 9,254 9,716
Training Analyst C
Paralegal(Excepted)(LTC) 01670 6,259 6,572 6,906 7,250 7,613 7,997
Payroll Systems Analyst(UC) 07400 9,484 9,959 10,455 10,978 11,525 12,100
Payroll Technician(UC) 07410 6,230 6,537 6,872 7,213 7,575 7,954
Police Oversight Commission 07322 5,326 5,594 5,873 6,166 6,474 6,806
Secrets UC
CONFIDENTIAL ASSOCIATION OF SANTA ANA 1CASA) MOU: JULY 1,2025 THROUGH JUNE 30,2028
Page 77
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JOB
JOB TITLE CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Risk Management Analyst(UQ 01756 7,613 7,997 8,393 8,814 9,254 9,716
Risk Management Assistant(UC) 01753 4,854 5,096 5,354 5,620 5,900 6,198
Risk Management Specialist(UC) 01758 5,096 5,354 5,620 5,900 6,198 6,508
Risk Management Technician(UC) 01755 6,230 6,537 6,872 7,213 7,575 7,954
Senior Graphics Artist(Excepted) 02395 7,467 7,838 8,232 8,643 9,076 9,529
UC
Senior Human Resources Specialist 07300 5,649 5,932 6,230 6,537 6,872 7,213
UC
Senior Legal Secretary(Excepted) 07310 5,873 6,166 6,474 6,806 7,147 7,500
UC
Senior Paralegal(Excepted)(UC) 01675 7,613 7,997 8,393 8,814 9,254 9,716
Senior Payroll Technician(UC) 07415 6,872 7,213 7,575 7,954 8,352 8,772
Training Coordinator(UC) 01280 9,436 9,909 10,402 10,923 11,467 12,042
CONFIDENTIAL ASSOCIATION OF SANTA ANA(CASA) MOU: JULY 1, 2025 THROUGH JUNE 30,2028
Page 78
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MONTHLY WAGE RATE SCHEDULE
EFFECTIVE DULY 11, 2027
JOB
JOB TITLE CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Administrative Receptionist 07272 4,764 5,000 5,249 5,515 5,789 6,077
(Excepted) UC
Administrative Secretary(Excepted) 07271 6,049 6,351 6,668 7,010 7,361 7,725
UC
Budget Aide(UC) 00497 7,078 7,429 7,802 8,193 8,603 9,035
Budget Analyst(UC) 00496 8,035 8,435 8,860 9,302 9,769 10,258
Citywide Community Liaison 04900 8,275 8,686 9,121 9,580 10,054 10,558
(Excepted) UC
Claims Adjuster(UC) 00124 7,841 8,237 8,645 9,078 9,532 10,007
Council Services Secretary 00830 5,462 5,7H 6,024 6,323 6,645 6,973
(Excepted) UC
Data Analyst(UC) 00498 8,035 8,435 8,860 9,302 �9,769 10,258
Equity and Inclusion Coordinator 01.51.5 8,035 8,435 8,860 9,302 9,769 10,258
(Excepted)(UC)
Executive Assistant(Excepted)(UC) 00900 7,182 7,544 7,920 8,314 8,729 9,167
Executive Secretary(UC) 07392 6,351 6,668 7,010 7,361 7,725 8,114
Executive Secretary to the Police 0014.0 6,35 l 6,668 7,010 7,361 7,725 8,114
Chief UCQ_�
Financial Analyst(UC) 00481 7,841 8,237 8,645 9,078 9,532 10,007
Human Resources Administrative 07069 5,249 5,515 5,789 6,077 6,384 6,703
Human Resources Analyst(UC) � 01520 7,841 8,237 8,645 - �w9,078 9,532 10,007
Human Resources Cormnun.ications 08590 7,841 81237 8,645 9,078 9,532 10,007
Specialist UC
Human Resources Specialist(UC) 07070 5,249 5,515 5,789 6,077 6,384 6,703
Human Resources Technician(UC) 01250° 6,417 6,733 7,078 7,429 7,802 8,193
Legal Office Assistant(Excepted) 07080 4,386 4,603 4,836 5,076 5,330 5,597
C
Legal Secretary(Excepted)(UC) 07120 5,436 5,709 5,994 6,294 6,610 6,942
Management Aide(Excepted)(UC) 01201 7,078 7,429 7,802 8,193 8,603 9,035
Management Aide(UC) 01200 7,078 7,429 7,802 8,193 8,603 9,035
Management Analyst-Police 00148 8,035 8,435 8,860 9,302 9,769 10,258
Oversight Commission(Excepted)
UC
Management Analyst(Excepted) 00750 8,035 8,435 8,860 9,302 9,769 10,258
UC
Management Analyst(JQ 01720 8,035 8,435 8,860 9,302 9,769 10,258
Organizational Development and 00476 7,841 8,237 8,645 9,078 9,532 10,007
Training Analyst UC _ _
Paralegal(Excepted)(UC) 01670 6,447 6,769 7,113 7,468 7,841 8,237
Payroll Systems Analyst(UC) 07400 9,769 10,258 10,769 11,307 11,871. 12,463
Payroll Technician(UC) 07410 6,417 6,733 7,078 7,429 7,802 8,193
Police Oversight Commission 07322 5,486 5,762 6,049 6,351 6,668 7,010
Secretary UC
CONFIDENTIAL ASSOCIATION OF SANTA ANA(CASA)MOU: JULY 1,2025 THROUGH JUNE 30,2028
Page 79
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JOB
JOB TITLE CODE STEP AA STEP A STEP B STEP C STEP D STEP E
Risk Management Analyst(UC) 01756 7,841 8,237 8,645 9,078 9,532 10,007
Risk Management Assistant(UC) 01753 5,000 5,249 5,515 5,789 6,077 6,384
Risk Management Specialist(UC) 01758 5,249 5,515 5,789 6,077 6,384 6,703
Risk Management Technician(UC) 01755 6,417 6,733 7,078 7,429 7,802 8,193
Senior Graphics Artist(Excepted) 02395 7,691 8,073 8,479 8,902 9,348 9,814
UC
Senior Human Resources Specialist 07300 5,818 6,110 6,417 6,733 7,078 7,429
C
Senior Legal Secretary(Excepted) 07310 6,049 6,351 6,668 7,010 7,361 7,725
UC
Senior Paralegal(Excepted)(UC) 01675 7,841 8,237 8,645 9,078 9,532 10,007
Senior Payroll Technician(UC) 07415 7,078 7,429 7,802 8,193 8,603 9,035
Training Coordinator(UC) 01280 9,719 10,206 10,714 11,251 11,811 12,403
CONFIDENTIAL ASSOCIATION OF SANTA ANA(CASA) MOU; JULY I, 2025 THROUGH JUNE 30,2028
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