HomeMy WebLinkAbout25F - MOU - SEIU
REQUEST FOR -
COUNCIL ACTION m.
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
SEPTEMBER 20, 2010
TITLE: APPROVED
E3 As Recommended
AGREEMENT WITH THE SERVICE O As Amended
EMPLOYEES INTERNATIONAL UNION E3 Ordinance on 2 Reading
E3 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an agreement with the Service Employees International Union regarding wages and
other terms and conditions of employment.
DISCUSSION
The City and the Service Employees International Union (SEIU) recently completed contract
negotiations resulting in a new three-year Memorandum of Understanding (MOU). The MOU
covers July 1, 2010 through June 30, 2013.
The provisions of this agreement include:
1) Term: A three-year term, from July 1, 2010 through June 30, 2013.
2) Salary Increase: No salary increases throughout the term of this contract.
3) Furlough Days: Employees will furlough 20 days over 17 months for a total 160 hours
starting in October 2010 and ending in February 2012.
4) CALPERS Retirement: SEIU employees will contribute an additional 1.7% to CaIPERS for
the cost of the 2.7% at 55 service retirement benefit, for a total contribution of 8%.
5) Salary Step Increase: Freeze all step increases through June 30, 2011.
6) Vacation Cash Out: For fiscal years 2011-12 and 2012-2013, employees will defer the
cash-out of longevity vacation leave time. Maximum cash out value per fiscal year is 100
hours for 2013-14, 2014-15 and 2015-16.
25F-1
Agreement with the Service Employees International Union
September 20, 2010
Page 2
7) Computation of Workweek for Overtime: Amend overtime language to more closely mirror
FLSA guidelines.
8) Medical Insurance: Effective January 1, 201 1 , the City will pay 100% of the lowest
available CALPERS approved HMO health plan. Employees hired after January 1, 2012
shall reimburse the City in an amount equal to the lesser of 10% of the value of the lowest
available CALPERS approved HMO medical plan or $50 per month.
9) Assignment Pay: Current employees already receiving assignment pay, and who continue
to meet the qualifications described in the applicable MOU sections, shall continue to
receive said pay under the current assignment pay formulas. Future employees shall not
receive assignment pay.
10)Medical Retirement Subsidy Plan: The City will reduce the Medical Retirement Subsidy
Plan contribution scheduled for October 2010 from 1.75% to 1 The City will also reduce
the subsidy contribution from 1.75% to 1% in each subsequent year of this contract. The
contribution will revert to 1.75% at the expiration of this contract.
1 1 )Sick Leave Cash Out: Current vested employees retain full rights to existing Sick Leave
cash-out program (maximum of 427 hours). The number of maximum Sick Leave cash-
out hours for non-vested employees and new hires shall be reduced by 102 hours to 325
hours maximum.
12)Longevity Vacation Cash Out: Current and re-employed vested employees shall retain
rights to the existing longevity leave cash-out program. Longevity vacation leave accrual
is eliminated for all new hires.
13)Re-opener: If due to budget overruns or revenue shortfalls the City anticipates that it will
be operating under a budget deficit in fiscal years 2011 -2012 or 2012 -2013, the union
agrees that upon request of the City made after March 1, 2011, the union will reopen this
Agreement for negotiation on the subjects of modifying employee furloughs and employee
CalPERS contributions.
14)Layoff Protection: There shall be no layoffs of members of this bargaining unit through
December 31, 201 1 .
FISCAL IMPACT
It is anticipated that the new contract will result in savings in the first year of $2,300,000 and
$5,440,00`0 during the 3-year term of the agreement.
Kathie S. Gonzalez Francisco Gutierrez
Executive Director Executive Director
Personnel Services Department Finance & Management Services Agency
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2010 - 2013
MEMORANDUM
OF
UNDERSTANDING
CITY OF SANTA ANA
AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
FOR FISCAL YEARS 2010-11 THROUGH 2012-13
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLE I RECOGNITION 5
ARTICLE II NON-DISCRIMINATION CLAUSE 6
ARTICLE III ATTENDANCE, WORKDAY & WORKWEEK 7
ARTICLE IV SALARIES 12
ARTICLE V ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 18
ARTICLE VI OVERTIME 30
ARTICLE VII TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 34
ARTICLE VIII HOLIDAYS 37
ARTICLE IX VACATION 39
ARTICLE X OTHER LEAVES OF ABSENCE 43
ARTICLE XI EMPLOYEE INSURANCE 50
ARTICLE XII RETIREMENT 53
ARTICLE XIII TOOL REIMBURSEMENT POLICY 55
ARTICLE XIV UNIFORM MAINTENANCE 56
ARTICLE XV SAFETY 57
ARTICLE XVI RESIDENCY 58
ARTICLE XVII GRIEVANCE REVIEW PROCEDURE 59
ARTICLE XVIII UNION RIGHTS 61
ARTICLE XIX DUES DEDUCTION & INDEMNIFICATION 68
ARTICLE XX CITY RIGHTS 70
ARTICLE XXI STRIKES & WORK STOPPAGES 72
ARTICLE XXII LAYOFFS 73
ARTICLE XXIII MISCELLANEOUS PROVISIONS 75
ARTICLE XXIV SOLE & ENTIRE AGREEMENT 79
ARTICLE XXV WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT 80
ARTICLE XXVI EMERGENCY WAIVER PROVISION 81
ARTICLE XXVII SEPARABILITY PROVISION 82
ARTICLE XXVIII TERM OF AGREEMENT 83
ARTICLE XXIX RATIFICATION & EXECUTION 84
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TABLE OF CONTENTS
(Continued)
ARTICLE SUBJECT PAGE
EXHIBIT A BASIC SALARY & WAGE SCHEDULE 86
EXHIBIT B ASSIGNMENT OF CLASSIFICATIONS TO SALARY
RATE RANGES REPRESENTED BY SANTA ANA CITY
EMPLOYEES CHAPTER 1939 SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721, 88
EXHIBIT C RESOLUTION NO. 81-75 96
EXHIBIT D 9/80 HARDSHIP CLAIM 106
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TABLE OF CONTENTS
(Cross-referenced in Alphabetical Order)
SUBJECT ARTICLE PAGE
ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES ARTICLE V 18
ATTENDANCE, WORKDAY & WORKWEEK ARTICLE IH 7
CITY RIGHTS ARTICLE XX 70
DUES DEDUCTION & INDEMNIFICATION ARTICLE XIX 68
EMERGENCY WAIVER PROVISION ARTICLE XXVI 81
EMPLOYEE INSURANCE ARTICLE XI 50
GRIEVANCE REVIEW PROCEDURE ARTICLE XVII 59
HOLIDAYS ARTICLE VIII 37
LAYOFFS ARTICLE XXII 73
MISCELLANEOUS PROVISIONS ARTICLE XXIII 75
NON-DISCRIMINATION CLAUSE ARTICLE II 6
OTHER LEAVES OF ABSENCE ARTICLE X 43
OVERTIME ARTICLE VI 30
RATIFICATION & EXECUTION ARTICLE XXIX 84
RECOGNITION ARTICLE I 5
RESIDENCY ARTICLE XVI 58
RETIREMENT ARTICLE XII 53
SAFETY ARTICLE XV 57
SALARIES ARTICLE IV 12
SEPARABILITY PROVISION ARTICLE XXVII 82
SOLE & ENTIRE AGREEMENT ARTICLE XXIV 79
STRIKES & WORK STOPPAGES ARTICLE XXI 72
TERM OF AGREEMENT ARTICLE XXVIII 83
TOOL REIMBURSEMENT POLICY ARTICLE XIII 55
TRAINING & EDUCATIONAL ASSISTANCE ARTICLE VII 34
PROGRAM
UNIFORM MAINTENANCE ARTICLE XIV 56
UNION RIGHTS ARTICLE XVIII 61
VACATION ARTICLE IX 39
WAIVER OF BARGAINING DURING THE TERM ARTICLE XXV 80
OF THIS AGREEMENT
EXHIBITS:
ASSIGNMENT OF CLASSES REPRESENTED BY EXHIBIT B 88
SANTA ANA CITY EMPLOYEES CHAPTER 1939
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 721
BASIC SALARY & WAGE SCHEDULE EXHIBIT A 86
RESOLUTION NO. 81-75 EXHIBIT C 96
9/80 HARDSHIP CLAIM FORM EXHIBIT D 106
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ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section
3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the
Santa Ana City Employees Association, Chapter 1939/Service Employees International
Union Local 721 (hereinafter called the "Union") as the recognized representative of the
bargaining unit which includes all full-time personnel employed by the City of Santa Ana
in classifications listed in Exhibit B of this Agreement.
1.2 During the term of this Agreement, no substantive issue of representation shall be raised
contrary to this Agreement except as provided in Resolution No. 81-75, the Employer-
Employee Relations Resolution of the City of Santa Ana.
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ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
2.1 The City and the Union agree that they shall not discriminate against any employee
because of race, color, sex, age, national origin or alienage, sexual orientation, political or
religious opinions or affiliations, or union membership, and that all jobs are open to
males and females. The City and the Union shall reopen any provision of this Agreement
for the purpose of complying with any order of a Federal or State agency or court of
competent jurisdiction requiring a modification or change in any provision or provisions
of this Agreement in compliance with State or Federal anti-discrimination laws.
2.2 Whenever reference is made to the masculine gender, it shall be understood to include the
feminine gender, unless expressly stated otherwise.
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ARTICLE III
3.0 ATTENDANCE, WORKDAY & WORKWEEK
3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work
during hours prescribed by the Department Head or his/her designee(s) and shall not
absent themselves without approval of the Department Head or his/her designee(s).
3.2 Hours of Work. Eight (8) hours of work shall constitute a normal day and forty (40)
hours of work shall constitute a minimum workweek, except for employees for whom
special regulations have been approved by the City Manager.
A. 4/10 Work Schedule for Community Preservation Inspectors, Police Department
Employees, and Selected Fleet Services Employees. The Department Head, with
the approval of the City Manager, may assign the above-referenced 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 the Union. 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 his or her 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. 3/11.5, 115.5 Work Schedule For Detention Records Employees. The Department
Head, with the approval of the City Manager, may assign these employees to a
workweek consisting of three (3) eleven and one-half (11.5) hour days and one (1)
five and one-half (5.5) hour day, with an additional forty-five (45) minutes for
unpaid lunch as negotiated with the Union. The assigned employee shall have
three and one-half (3.5) consecutive days off in a workweek. Upon mutual
agreement between the supervisor and employee, the employee may waive his or
her right to three and one-half (3.5) consecutive days off in a workweek. The
regular workweek shall consist of forty (40) hours. A regular day off shall consist
of either eleven and one-half (11.5) hours or five and one-half (5.5) hours.
C. 9/80 Work Schedule. The work schedule described below is known as the 9/80.
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 will 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 will 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.
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1. 9/80 Work Schedule Defined. The 9/80 work schedule shall be defined as
working eighty hours over nine days in a two-week period. An employee
shall work eight days for nine hours per day and one day for eight hours,
excluding a one-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 will be able to flex their Friday start time nor the
time they take their lunch break, which will occur in the middle of
the day on Fridays.
b. The 9/80 Work Period. The 9/80 two-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 nine-hour work days (thirty-six hours) and one four-
hour Friday and those hours equal forty work hours in each work
week (e.g., the Friday is split into four hours for the first shift,
which is charged to work week one and four hours for the second
shift, which is charged to work week two).
C. Employees cannot change schedules without prior approval of their
supervisor and Department Head. The purpose of this
authorization is to review the impact on staffing and overtime.
Employees may change schedules at the beginning of any work
period with supervisor and Department Head approval.
d. Modifications of the FLSA work week period are not permitted
unless authorized by the Executive Director of Personnel Services
and the City Manager.
e. Emergencies. All employees on the 9/80 work schedule are
subject to be 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.
2. Overtime Defined. All FLSA nonexempt employees working under the
9/80 work schedule will earn overtime for all hours worked after the first
forty (40) hours in an FLSA work week as required under FLSA.
Employees are required to obtain supervisor authorization before working
any overtime.
a. Overtime Compensation: As stated in Section 6.4 of this
Memorandum of Understanding.
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b. Compensatory Time: As stated in Section 6.4 of this
Memorandum of Understanding.
3. Leave Benefits. When an employee is off on a scheduled workday under
the 9/80 work schedule, then nine (9) hours of eligible leave per workday
shall be charged against the employee's leave balance or eight (8) hours
shall be charged if the day off is a Friday. All leaves shall continue under
the current accrual, eligibility, request and approval requirements.
a. Vacation Leave: As stated in Article IX of this Memorandum of
Understanding.
b. Sick Leave: As stated in Article X of this Memorandum of
Understanding.
C. Bereavement Leave: As stated in Article X of this Memorandum
of Understanding.
d. Holidays: As stated in Article VIII of this Memorandum of
Understanding.
i. For a recognized City holiday, eight hours, as stated in
Article VIII, are earned for each holiday. For the charging
of hours on a scheduled holiday, the employee must use
eight (8) hours of holiday time off and one (1) hour from
the employee's vacation leave or compensatory time banks
for a nine (9) hour workday charge or eight (8) hours
holiday time off for a Friday.
ii. If a holiday falls on an employee's Friday off, the
employee must then take their holiday off before or after
the regular holiday as their holiday off with supervisor and
Department Head approval. If the employee cannot take
their holiday off before or after the regular scheduled
holiday off the employee will bank eight hours of holiday
leave to be used at a later date with the supervisor's
approval.
e. Jury Duty Leave. The provisions of the Memorandum of
Understanding shall continue to apply; however, if an employee is
called to serve on jury duty during a normal Friday off, 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; therefore, the employee will receive no added
compensation.
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It is the intent of the parties that no additional paid time off shall be gained or lost
as a result of the implementation of either the 4/10, the 3/11.5 plus 115.5, or the
9/80 work schedules. The City reserves the right to abandon either the 4/10, the
3/11.5 plus 115.5, or the 9/80 work schedules for these employees if, in the
opinion of the concerned Department Head and the City Manager, either the 4/10,
the 3/11.5 plus 115.5, or the 9/80 work schedules has not produced the desired
results. If this right is exercised, however, the City and SEIU shall meet and
confer in good faith prior to abandoning any of these work schedules.
D. Any employee having been authorized to work the 9/80 work schedule who
subsequently encounters a personal hardship with his/her work hours may request
an accommodation from his/her Department Head. A "hardship request" will be
limited to an employee's authorized hours of work. An accommodation will be
considered only after the employee has exhausted all other personal options to
resolve the hardship.
If the employee is unable to resolve his/her 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 said claim or
assign a manager to investigate and recommend a resolution of the hardship
claim. The recommendation of the manager will be limited to the following:
1. Approve an appropriate flex schedule that does not disrupt the department
ability to deliver its services or create disruption in the work unit.
2. Disapprove the employee's proposed solution to resolve the hardship.
3. Reassign the employee to a 5/40 work schedule.
The Department Head may accept any one of the manager's recommendations or
advance his own to resolve the hardship.
E. The Water Production staff will work an eight (8) hour day shift covering
Monday through Friday. Employees will be required to take a 30 minute unpaid
lunch break during the shift.
3.3 Employee Furloughs. Beginning October 2010 and ending in February 2012, employees
covered by this agreement shall take twenty (20) eight-hour unpaid furlough days totaling
160 hours. Employees covered by this agreement shall furlough one day a month except
two additional days shall be taken in December of 2010 and one additional day shall be
taken in December 2011. Furloughing shall be on a set day agreeable to the City and
union. However, for those departments or divisions identified by the City as having a
business necessity, the furlough schedule shall be based on those operational needs.
Employees in departments or divisions with special needs may bank furlough hours
which shall be taken at the discretion of the employees with the approval of their
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supervisor in increments of not less than one-half (1/2) of one hour, beginning October 1,
2010 and ending April 30, 2012. Furlough hour deductions from employee wages (four
hours per pay period) shall be taken out equally for the number of furlough months
beginning October 2010 through March 2012.
An advance of up to 40 hours of furlough time may be authorized by Departments for use
by employees. Employees who are unable to use their furlough hours due to military
leave shall have the time period in which to use the furlough hours extended in an amount
corresponding with the length of their military leave.
The City agrees that upon the request of the union made after March 1, 2011, the City
and union will meet on the subject of employee furloughs to ensure furloughing
continues to be implemented in a manner agreeable to the City and union.
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ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all
full-time personnel who are now employed or will in the future be employed in any of the
designated classifications of employment represented by the Union as listed in this
Agreement and its attachments.
4.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit
"A," and made a part hereof as though set forth in full herein, provides numerous salary
rate ranges, each comprised of seven (7) steps or rates of pay.
The respective rate ranges are identified by a three digit number. The steps within each
range are identified by the letters "AAA" through "E" inclusive, with Step "AAA" being
the lowest step in the range. The purpose of each step and the length of service required
for advancement to the next higher step within a particular salary rate range are set forth
in Exhibit "A."
The assignment of classifications to salary rate ranges is listed in Exhibit B, which is
attached and made a part hereof as though set forth herein.
4.3 Salaries.
A. Effective January 1, 2007, Miscellaneous employees covered by this Agreement
shall contribute 2% of their salary toward the employer cost of the 2.7% at 55
benefit. To the extent permitted by Ca1PERS and Internal Revenue Service
regulations, this 2% contribution shall be implemented through payroll deduction
on a pre-tax basis.
Effective January 1, 2008, Miscellaneous employees covered by this Agreement
shall contribute an additional 2 % of their salary (for a total of 4%) toward the
employer cost of the 2.7% at 55 benefit. To the extent permitted by Ca1PERS and
Internal Revenue Service regulations, this additional 2% contribution shall be
implemented through payroll deduction on a pre-tax basis.
Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall
contribute an additional 2.3 % of their salary (for a total of 6.3%) toward the
employer cost of the 2.7% at 55 benefit. To the extent permitted by Ca1PERS and
Internal Revenue Service regulations, this additional 2.3% contribution shall be
implemented through payroll deduction on a pre-tax basis.
Effective October 1, 2010, Miscellaneous employees covered by this Agreement
shall contribute an additional 1.7 % of their salary (for a total of 8.0%) toward the
employer cost of the 2.7% at 55 benefit. To the extent permitted by Ca1PERS and
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Internal Revenue Service regulations, this additional 1.7% contribution shall be
implemented through payroll deduction on a pre-tax basis.
4.4 Application of Basic Compensation Plan. The salary rate ranges contained in Section 4.2
and Exhibit "B" are monthly salary rate ranges. All employees working in classifications
of employment covered by this Agreement shall be compensated at a monthly rate,
except that an employee hired for temporary work in a position which has an anticipated
duration of less than six (6) months shall be paid at a rate per hour for actual time spent in
the performance of the duties of his or her employment. The regular rate of pay shall be
computed as provided for by the Fair Labor Standards Act (FLSA).
Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by
dividing the monthly salary rate by 173.33. In determining the hourly rate as herein
provided, computation shall be made to the nearest whole cent and a computation
resulting in an even one-half cent shall fix the rate at the next higher whole cent.
4.5 Probation. The probationary period shall be one (1) year from the date of appointment
from an open eligible list (new hire) or a reappointment eligible list (rehire) or a
promotional eligible list.
4.6 Beginning Rates. A new employee of the City of Santa Ana shall be paid the rate shown
as Step "AAA" in the salary rate range allocated to the classification of employment for
which he or she has been hired. In special instances where such new employee possesses
unique and exceptional educational training and/or experience qualifications, the
Department Head, under whom the employee will serve, may submit a written request
and justification to the City Manager for authorization to place such new employee on
Step "AA," "A," "B," "C," or "D" within the allocated salary rate range, provided that
such employee shall be assigned such salary step upon the commencement of his or her
service in the classification of employment to which the salary rate range applies and
such assignment having once been made shall remain in effect until the said employee
shall be entitled to advance to the next salary step in accordance with the further
provisions of this Article.
4.7 Service. The word "service" as used in this Agreement shall be deemed to mean
continuous, full-time service in the classification in which the employee is being
considered for salary advancement, service in a higher classification or service in a
classification allocated to the same salary rate range and having generally similar duties
and requirements. Employees hired after the first (1st) working day of the month shall not
be credited with "time in service" for that month when determining the length of service
required for salary step advancement. A lapse of service by an employee for a period of
time longer than 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 Agreement, and such employee reentering the service of the City shall be
considered as a new employee, except when he or she is being or will be reappointed
within one (1) year and placed in the same salary step in the appropriate salary rate as he
or she was at the time of termination of employment. "Resignation, quit, or discharge"
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for purposes of this section shall mean separating from full-time City employment
altogether, not leaving one position to accept appointment to another position in an
unrelated classification outside the career ladder.
4.8 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
"AAA" to Step "AA," 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
day of the month following the date of completion of the length of service
required for such advancement as provided in Section 4.2 and Exhibit A hereof.
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 4.2 and Exhibit A hereof, the effective date of such merit increase, if
granted, shall be on the first (I") day of the month following the completion of
such required length of service. Advancement to Step "E" may be granted only
for continued meritorious and efficient service and continued improvement by the
employee in the effective performance of the duties of his or her position. Such
merit advancement shall require the following:
1. There shall be on file in the office of the Executive Director of Personnel
Services 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 his or her 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 Sectionl0
of this Article.
4. Notwithstanding the foregoing provisions of this subsection to the
contrary, a merit 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
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(1st) day of the month following the completion of the required length of
service.
5. Beginning October 1, 2010 and ending June 30, 2011, all employee salary
step advancement shall be frozen for a one-year period for any employee
whose employment anniversary falls within that time period. For
example, an employee whose anniversary falls on November 1, 2010 and
who otherwise would receive a merit increase on that date will not receive
the merit increase until November 1, 2011. In addition thereto, the
salaries of employees who have advanced to merit step shall be frozen,
except that in the event such an employee receives an annual performance
appraisal with an overall rating of "Below Acceptable Performance" or
"Unacceptable Performance" during the term of this provision, in which
case the City shall be free to remove said employee's merit step pay.
Beginning July 1, 2011, employee salary step advancement shall
recommence for affected employees on the one year anniversary date of
the previously scheduled salary step advancement.
C. Length of Service Required When Advancement Denied. When an employee has
not been approved for advancement to merit Step "E," he or she may be
reconsidered for such advancement after the completion of three (3) months of
additional service and shall be reconsidered for such advancement after the
completion of six (6) months of additional service. This reconsideration shall
follow the same steps and shall be subject to the same actions as provided in
subparagraph B (2) and (3) of this section.
4.9 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 4.8 above,
and such employee may be considered for readvancement under the same provisions as
contained in Subsection C of Section 4.8 above.
4.10 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, he or she shall be reassigned to Step "AAA" in the appropriate salary rate
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 said Step "AAA,"
he or she will be placed in the lowest step in the appropriate salary rate range as will
grant that employee a minimum increase of one (1) salary step (approximately 5%) over
his or her 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 one (1) salary step (approximately 5%) increase.
4.11 Demotion. When an employee is demoted to a position in a lower classification, his or
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her salary rate shall be fixed in the appropriate salary rate range for the lower
classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) salary step (approximately
5%).
B. The new salary rate must be within the appropriate salary rate range.
C. The new salary rate shall not be higher than the salary step to which the employee
would have been entitled had his or her service time in the higher classification
been spent in the lower classification.
D. If the salary rate recommended by the Department Head is lower than the
maximum step permissible under Subsection C above, such recommendation shall
be considered a reduction in pay in addition to the demotion and shall be handled
in accordance with the provisions for salary reductions in Section 4.9 above.
4.12 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification
which is reallocated to a different salary rate range from that previously assigned shall be
retained in the same salary step in the new salary rate range as he or she had previously
held in the prior rate range and shall retain credit for length of service in such step
towards advancement to the next higher step.
4.13 Request for Classification Review. Any employee who, for a period exceeding one (1)
year, believes he or she is 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 request on a form specified by the Executive Director of Personnel Services,
outlining in writing how they believe their current duties and/or responsibilities differ
from their classification concept.
A. The Department Head will review the employee's submitted request and within
sixty (60) days will make one of the following determinations:
1. Will support the employee's request.
a. If the Department Head supports the employee's request for a
classification review, he or she will forward the request to the
Executive Director of Personnel Services along with justification
for support of the employee's request.
b. The Department Head will notify the employee that his or her
request has been submitted to the Executive Director of Personnel
Services.
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2. Will not support the employee's request.
a. If the Department Head does not support the employee's request
for a classification review, he or she will 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, he or she 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 will provide higher compensation.
B. Any employee request for classification review approved by the Department Head
will be forwarded to the Executive Director of Personnel Services. The Executive
Director of Personnel Services will confirm receipt of the request in writing to the
employee. Within sixty (60) days of receipt of the request, the Executive Director
of Personnel Services will notify the employee and Department Head of the
decision as to whether a study will be conducted. If the Executive Director of
Personnel Services determines that a study is appropriate, the Executive Director
of Personnel Services will so notify the employee and the Department Head in
writing and will provide the employee and Department Head with an approximate
start date for the study.
C. All determinations of the Department Head and the Executive Director of
Personnel Services are final.
D. All studies and study findings will require City Manager approval before
proceeding.
E. All recommendations resulting from study findings require the approval of the
City Council and will be implemented in accordance to the City's Civil Service
rules.
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ARTICLE V
5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
5.1 Assignment Pay Differential.
Effective November 1, 2001, assignment pay differentials, as listed herein and throughout
the agreement, will, in each case, be added individually and separately to the employee's
base salary. In no event shall one assignment pay differential be added to the employee's
base salary as a basis for the calculation of an additional pay differential.
A. Incumbents in the classifications of Senior Office Assistant, Secretary, Executive
Secretary, or Planning Commission Secretary who are assigned by a Department
Head, with the prior approval of the City Manager, to a position requiring the
ability to take dictation at a rate of 70 words per minute or better on a regular
basis or as an essential or integral element of the work of the position, will be paid
a monthly differential of sixty dollars ($60) above his or her base monthly salary
step for each full month of such assignment.
B. Incumbents in the classifications of Park Maintenance Worker and Park
Maintenance Leader who are continuously and regularly assigned to perform,
either on a full-time or half-time basis, duties as a Park Maintenance Planner-
Scheduler, will be paid an assignment pay differential at a rate set above their
then current base monthly salary step in accordance with the following schedule:
twenty (20) salary rate ranges (approximately 10%) for full-time assignment; ten
(10) rate ranges (approximately 5%) for half-time assignment.
C. An incumbent in the classification of Senior Office Assistant who is continuously
and regularly assigned to operate and who actually operates, a two-way radio
communications base station, will be paid at a rate set five (5) salary rate ranges
(approximately 2.5%) above his or her then current base monthly salary step.
D. Incumbents in the classifications of Fleet Equipment Technician II and III who
are assigned to perform repair and maintenance on fire apparatus on a continuous
and regular basis, who possess a California State Certification of Fire Mechanic
Level I or Level II, will be paid an assignment pay differential at a rate set five (5)
salary rate ranges (approximately 2.5%), respectively, for each certification,
above their then current base monthly salary step.
E. Incumbents in the classifications of Fleet Equipment Technician I, II and III who
are assigned to perform repair and maintenance on emergency response vehicles,
excluding fire apparatus, on a continuous and regular basis who possess a
nationally recognized certification for Emergency Vehicle Technician Level I or
Level II, will be paid an assignment pay differential at a rate set five (5) salary
rate ranges (approximately 2.5%), respectively, for each certification, above their
then current base monthly salary step.
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F. Personnel in the classifications of Fleet Equipment Technician I, II, III, and Fleet
Equipment Supervisor, who maintain a valid State of California Commercial
Driver's License and are assigned to an area that requires the possession of either
a Class "A" or Class "B" license in the course and scope of their work shall be
paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then
current base monthly salary step.
G. Personnel in the classification of Park Maintenance Worker who are regularly and
continuously assigned to and actually performing park mowing duties using heavy
mower equipment, will be paid at a rate set twenty (20) salary rate ranges
(approximately 10%) above their then current base monthly salary step.
H. Personnel in the classification of Park Maintenance Worker who are regularly and
continuously assigned to and actually performing duties as a utilities coordinator
will be paid at a rate set twenty (20) salary rate ranges (approximately 10%)
above their then current base monthly salary step.
L Personnel in the classification of Park Maintenance Worker who are regularly and
continuously assigned to and actually performing duties as an irrigation technician
will be paid at a rate set twenty (20) salary rate ranges (approximately 10%)
above their then current base monthly salary step.
J. Personnel in the classification of Park Maintenance Worker who are regularly and
continuously assigned to and actually performing duties as a pesticide operator
will have the opportunity to earn up to fifteen (15) salary rate ranges
(approximately 7.5%) above their then current base monthly salary step for
acquisition of the following: Department of Food & Agriculture Qualified
Applicator License = approximately 2.5%; Certificate in Ornamental Horticulture
= approximately 5%.
K. Personnel in the classification of Park Maintenance Worker who maintain a valid
Certified Pool Operator license and who are assigned to and actually performing
duties as an aquatics technician shall be paid at a rate set five (5) salary rate
ranges (approximately 2.5%) above their then current base monthly salary step.
L. Effective as soon as practicable following approval of this Memorandum of
Understanding by the City Council, an employee that is required by a Department
Head or their designee to perform the duties of a Notary Public for the City, in
addition to regular duties, shall be paid a monthly differential of forty dollars
($40) above his or her then current base monthly salary step.
5.2 Lead Pay. An incumbent who is regularly and continuously assigned to lead a functional
unit which includes two (2) or more positions in the same or lower classifications as the
incumbent may be compensated for said duties upon mutual agreement of the City and
SEIU and approval of the Department Head and the Executive Director of Personnel
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Services. This compensation shall be referred to as "lead pay."
In addition, incumbents in the following classifications who are regularly and
continuously assigned to perform lead supervisory responsibilities will receive lead pay
compensation at a rate set ten (10) salary rate ranges (approximately 5%) above his or her
then current base monthly salary step: Buyer, Customer Service Representative,
Equipment Operator-Motor Sweeper, Information Services Representative, Librarian,
Library Services Assistant, Parking Meter Technician II, Senior Systems Administrator,
Graphics Designer II, Senior Accounting Assistant, Housing Specialist II, Senior
Librarian, Workforce Specialist II, and Workforce Specialist III. An incumbent in the
classification of Custodian who is regularly and continuously assigned to perform lead
supervisory responsibilities will receive lead pay compensation at a rate set fifteen (15)
salary rate ranges (approximately 7.5%) above his or her then current base monthly salary
step.
5.3 Bilingual Pay. An employee who is assigned by a Department Head or their designee to
a position requiring bilingual capability in both English and either Spanish, Samoan,
Vietnamese or other languages designated by the City Manager, will be paid a monthly
assignment pay differential in accordance with the criteria and amounts set forth below:
A. Certification by the Executive Director of Personnel Services as having
satisfactorily demonstrated conversational fluency in both languages for any
position requiring bilingual capacity.
B. Positions where it has been determined by the Department Head 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, will be designated as Primary Bilingual Assignments. A qualified
incumbent of such position will be paid a monthly differential of one hundred
seventy-five dollars ($175) above his or her base monthly salary step for each full
month of such assignment.
C. Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not a
major, essential or integral element of the work, will be designated as Secondary
Bilingual Assignments. A qualified incumbent of such position will be paid a
monthly differential of forty dollars ($40) above his or her 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. There shall be periodic recertification of such bilingual capability.
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5.4 Shift Differential.
A. Generally. An employee in a classification represented by the Union who is
continuously and regularly assigned to a schedule of work which requires that he
or she actually work a minimum of four and one-half (4 1/2) hours between the
hours of 5:00 p.m. and 7:00 a.m., will be paid a shift differential for his or her
entire work shift at a rate set ten (10) salary rate ranges (approximately 5%)
higher than his or her then current base monthly salary step; except, however,
such shift pay differential shall not be applicable to employees in the
classification of Park Ranger and Supervising Park Ranger.
B. Library Employees. Employees hired and assigned to the Library prior to
December 1, 1987, who work evening shifts until closing time, but who are not
otherwise eligible for shift differential as provided under Subsection A above,
shall receive, as special shift pay, an amount equal to one-half (1/2) of one hour's
pay for each day they work an evening shift until closing time. Said special shift
pay shall be computed on the hourly equivalent of the base monthly salary step.
Such half-hour's pay shall not be counted toward the computation of overtime.
Such special library shift pay differential shall not be applicable to library
employees hired on or after December 1, 1987.
C. Early Morning Street Crews. A Street Maintenance employee who is assigned to
traffic painting or downtown cleanup crews who is continuously and regularly
assigned to a schedule of work which requires that he or she actually work at least
fifty percent (50%) of his or her normal daily work shift between the hours of
1:00 a.m. and 7:00 a.m., will be paid a shift differential for his or her entire work
shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or
her then current base monthly salary step.
D. Park Maintenance Worker. Employees in the classification of Park Maintenance
Worker who are regularly and continuously assigned to a schedule of work which
requires that they actually work a minimum of two (2) weekend night shifts (4 1/2
hours) between the hours of 5:00 p.m. and 7:00 a.m.) as part of his or her regular
five (5) day work schedule, will be paid a special night shift differential of five (5)
salary rate ranges (2.5%) above his or her then current base monthly salary step.
E. Standby Pay. 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. Effective
no later than the first (1st) day of the second (2nd) payroll period following Council
approval, such employees shall receive two hundred dollars ($200) per week
when assigned to be on standby duty.
Water Production, Water Maintenance, Public Works Maintenance, Building
Maintenance, and Information Services Division staff shall be required to serve
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on standby duty and receive standby pay as defined above. The City's preference
will be to accomplish the above through volunteers; however, qualified
employees may be directed to be on standby if the number of volunteers is
insufficient.
In addition to the $200 per week Standby Pay, if an employee is able to handle the
incident by phone or other electronic means without reporting to duty, he shall be
entitled to overtime pay at the rate of 15 minutes or actual time spent per incident
whichever is greater, paid at time and one-half (T 1/2) per incident.
5.5 Temporary Upgrade Assignment Pay. In order to provide an equitable method of
compensating employees who are assigned temporarily to a vacant, full-time, budgeted,
higher-level position the following shall apply:
A. General Guidelines.
1. Temporary Upgrade Assignments shall be limited to the temporary filling
of vacant, full-time, budgeted positions due to the termination, promotion
or authorized long-term absence of the incumbent. A temporarily vacant
position need not be a position without an incumbent.
2. Each such assignment may be terminated at any time, but in no event shall
such assignment continue beyond one hundred eighty (180) days of such
assignment.
3. Prior to recommending to the City Manager that a pay differential for a
Temporary Upgrade Assignment be granted, the Department Head shall
make the following determinations:
a. The duties and responsibilities of the position to be filled are of
such nature that they cannot remain unassigned pending the return
to duty of the absent incumbent or preparation of an eligible list
whichever is applicable.
b. It is not practical to assign the duties of the vacant position to any
other employee or employees in the same or higher classification.
4. The City Manager or his designee must give written approval of all
Temporary Upgrade Assignments involving an increase in pay for the
appointee.
B. Eligibility.
1. With the exception of those described in paragraph 3 below, regular, full-
time employees shall receive Temporary Upgrade Assignment Pay if the
following criteria are met:
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a. The work assumed encompasses the majority of the typical duties
and responsibilities of the vacated position.
b. To qualify for temporary upgrade assignment pay, employees must
serve in an acting capacity in the higher level classification as
follows:
• ten (10) consecutive working days of eight (8) hours each;
or
• eight (8) consecutive working days of ten (10) hours each,
for employees working on an alternative work schedule; or
• any combination of consecutive working days consisting of
nine (9) hours each and one (1) working day consisting of
eight (8) hours, for a total of 80 hours of work for
employees working the "9/80"work schedule; or
• two (2) consecutive work weeks, consisting of three (3)
11.5 hour days and one (1) 5.5 hour day for a total of 80
hours of work for employees working on an alternative
work schedule.
C. In computing qualifying service rendered, only full days of actual
duty shall be included, and partial days shall not be combined to
make full days unless they are normally granted holiday hours.
Normally granted holidays will be included in computing actual
duty days.
d. Employees must requalify for an upgrade (Temporary Assignment)
if the employee has not worked in this specific upgrade assignment
for a period of 18 consecutive months. The employee shall only be
considered to work in a higher classification if such work is duly
and specifically authorized by the employee's Department Head.
2. Whenever practicable, the appointing authority shall rotate Temporary
Upgrade Assignments among all qualified employees.
3. Employees in the following categories shall not be assigned to Temporary
Upgrade work unless specifically authorized by the City Manager:
a. Non-permanent employees (Probationary, Part-time, Seasonal,
etc.).
b. Employees performing work above their regular classification in a
training capacity.
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C. Payment.
1. On the eleventh (11th) consecutive working day an employee has been
serving in a Temporary Upgrade Assignment, and for each additional
consecutive working day the employee so serves, he or she shall receive
the beginning rate (Step "AAA") assigned to the higher classification or
the lowest rate in that range which is at least ten (10) salary rate ranges
(approximately 5%) higher than the current base salary rate he or she
normally receives, (inclusive of lead pay and exclusive of any other
assignment or special pay additive or additives) whichever is greater,
except when placement at "E" step will not be sufficient to provide the ten
(10) salary rate range increase.
If an employee has worked ten (10) consecutive days during the term of
this Agreement in a higher classification, the employee shall thereafter
receive upgrade pay for each day the employee is assigned to work in the
higher classification during the term of this Agreement.
2. Assignment or special pay additives, such as bilingual pay, shift
differential, special skill pay, etc., paid to an employee prior to becoming
eligible for Temporary Upgrade Assignment Pay, will not be considered in
computing the amount of higher pay to which he or she is entitled in
Subparagraph 5.5C above. If the special circumstances upon which said
additive is based are also applicable to the Temporary Upgrade
Assignment and the employee remains eligible for such pay while in the
temporary upgrade position, this amount will be added to the new salary
rate range.
3. Temporary Upgrade Assignments which entail moving an employee into a
classification represented by an employee unit other than that which
represents his or her permanent classification shall not include any change
in fringe benefits for the affected employee.
4. While working in a Temporary Upgrade Assignment, an employee will
continue to accrue, and have recorded, general, special or normal salary
step increases in the employee's permanent position; however, such salary
increases will be paid only to maintain the minimum five percent (5%)
differential above the salary to which an employee is entitled in his or her
permanent position.
5.6 All assignments of personnel to positions set forth in Sections 5.1 through 5.4 above shall
be made or revoked at the discretion of the Department Head.
5.7 Limitation on Assignment Pay Differentials. Employees covered by this agreement and
already receiving assignment pay under section 5.1 of this article and who continue to
meet the qualifications described in the applicable assignment pay provisions of section
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5.1 of this article shall continue to receive said pay under the current assignment pay
formulas. Current employees who become eligible for, and are assigned, and do in fact
begin receiving assignment pay under section 5.1 of this article prior to June 30, 2013,
shall continue to receive said pay under the current assignment formulas provided they
continue to meet the qualifications described in the applicable assignment pay provisions
of section 5.1 this article. Current employees who do not receive assignment pay under
section 5.1 of this article prior to the June 30, 2013, will not thereafter, be eligible to
receive it.
Any employee hired after August 31, 2010 shall not be eligible to receive assignment pay
under the assignment pay provisions of section 5.1 of this article.
5.8 Career Development Incentives. Employees hired in a classification which requires an
International Conference of Building Officials (ICBO), International Code Council
(ICC), or other 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 will 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 Program result in an
individual being eligible to earn more than twenty-five (25) salary rate ranges
(approximately 12.5%) above his or her current monthly base salary step.
A. An incumbent in one of the classifications listed below will be paid at a rate set
ten (10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step for each of the following: valid registration as a Registered
Engineer by the State of California and valid registration as a Structural Engineer
by the State of California (a total of twenty (20) salary rate ranges (approximately
10%) for possession of both). Additionally, said incumbents who possess a valid
certificate issued by the ICBO (or similar nationally recognized certificating
organization) in the areas of accessibility/usability (one specialty area), residential
energy plan check, or non-residential energy plan check, shall be paid an
incentive pay differential at a rate set above his or her then current base monthly
salary step in accordance with the following schedule: One certificate from one
specialty area: five (5) salary rate ranges (approximately 2.5%); an additional
certificate from a second specialty area (total of two): ten (10) salary rate ranges
(approximately 5%); an additional certificate from a third specialty area (total of
three): fifteen (15) salary rate ranges (approximately 7.5%).
o Assistant Engineer I
o Assistant Engineer II
o Assistant Engineer-Transportation (T)
o Senior Assistant Engineer
o Senior Civil Engineer
o Senior Engineer
o Senior Traffic Engineer
o Assistant Plan Check Engineer I
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o Assistant Plan Check Engineer II
o Associate Plan Check Engineer
o Senior Plan Check Engineer
o Senior Transportation Analyst
B. An incumbent who was employed as of August 16, 1991 in the classification of
Plan Examiner (T), Assistant Plan Check Engineer I or II, Associate Plan Check
Engineer, Senior Plan Check Engineer and who, as of December 31, 1987, had
possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to
be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or
her then current base salary step. However, effective January 1, 1988, said ten
(10) range differential shall be reduced to five (5) salary rate ranges
(approximately 2.5%) for any incumbent of said classifications who is issued his
or her initial certificate on or after January 1, 1988.
C. An incumbent in one of the classifications listed below who possess a valid
certificate issued by the ICBO (or similar nationally recognized certificating
organization) in the areas of building inspection, combination inspection,
electrical inspection, mechanical inspection, plumbing inspection, combination
dwelling inspection, plan examining, accessibility/usability (one (1) specialty
area), residential energy plan check, or non-residential energy plan check, shall be
paid an incentive pay differential at a rate set above his or her then current base
monthly salary step in accordance with the schedule listed below. Incumbents
who possess a valid certificate issued by the ICBO in combination inspection may
substitute this for building inspection or combination dwelling inspection;
however, incumbents shall not receive incentive pay for more than two of these
three certificates.
One certificate from one specialty area: five (5) salary rate ranges (approximately
2.5%); an additional certificate from a second specialty area (total of two): ten
(10) salary rate ranges (approximately 5%); an additional certificate from a third
specialty area (total of three): fifteen (15 ) salary rate ranges (approximately
7.5%); an additional certificate from a fourth specialty area (total of four): twenty
(20) salary rate ranges (approximately 10%); and an additional certificate from
the fifth specialty area (total of five): twenty-five (25) salary rate ranges
(approximately 12.5%).
o Building Inspector o Senior Building Inspector
o Electrical Inspector o Senior Electrical Inspector
o Plumbing Inspector o Senior Plumbing Inspector
o Combination Building Inspector o Senior Combination
o Building Technician Building Inspector
o Plan Examiner (T) o Plan Examiner (T) Electrical
o Senior Plumbing and Mechanical o Senior Electrical Systems
Systems Specialist Specialist
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D. Incumbents in the classifications of
o Community Preservation Technician
o Community Preservation Inspector
o Senior Community Preservation Inspector
o Community Preservation Inspector II (T)
who obtain or possess a valid certificate issued by the ICBO (International
Conference of Building Officials), ICC (International Code Council), SCACEO
(Southern California/Statewide Association of Code Enforcement Officers),
CACEO (California Association of Code Enforcement Officers), or any similar
nationally recognized certificating organization in any four (4) of the following
Career Development Incentive areas shall receive incentive pay worth five salary
rate ranges (approximately 2.5%) for each certificates, not to exceed five (5)
certificates or a total of twenty-five salary rate ranges (approximately 12.5%). If
an incumbent has obtained four (4) such certificates from the menu below, he or
she than shall be eligible to earn an additional five (5) salary rate ranges
(approximately 2.5%) pay additive upon completion of both the
SCACEO/CACEO Intermediate and SCACEO/CACEO Advanced Certifications:
o Building Inspection
o Electrical Inspection
o Mechanical Inspection
o Plumbing Inspection
o Combo Dwelling Inspector
o Plans Examiner
o Zoning Inspection
o Property Maintenance and Housing
o PC 832
o Basic Module (SCACEO/CACEO)
o Accessibility Inspector/Plans Examiner
o Permit Technician
o Coastal and Floodplain Construction Inspector
o Disaster Response Inspector
If an incumbent has already completed both the SCACEO/CACEO Intermediate
and the SCACEO/CACEO Advanced certifications, upon completion of any other
four (4) certificates from the menu above, said employee shall be eligible to
receive the additional five salary rate ranges (approximately 2.5% total) pay
additive for the Intermediate/Advanced certifications.
In no event shall the expansion of current certificate pay opportunities result in an
employee being eligible to earn more than twenty-five salary rate ranges
(approximately 12.5%) in pay additives for Career Development Incentives above
his or her then current base monthly salary step.
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E. An incumbent in one of the classifications listed below who possess a valid
certificate issued by the ICBO (or similar nationally recognized certificating
organization) in the areas of reinforced concrete, structural masonry, structural
steel/welding, electrical inspection, plumbing inspection, plans examiner, or C27
landscape contractors license, shall be paid an incentive pay differential at a rate
set above his or her then current base monthly salary step in accordance with the
following schedule: One certificate from one specialty area: five (5) salary rate
ranges (approximately 2.5%); an additional certificate from a second specialty
area (total of two): ten (10) salary rate ranges (approximately 5%); an additional
certificate from a third specialty area (total of three): fifteen (15) salary rate
ranges (approximately 7.5%); an additional certificate from a fourth specialty area
(total of four): twenty (20) salary rate ranges (approximately 10%); and an
additional certificate from the fifth specialty area (total of five): twenty-five (25)
salary rate ranges (approximately 12.5%).
o Construction Inspector I
o Construction Inspector II
F. An incumbent in the classification listed below who possess a valid certificate
issued by the ICBO (or similar nationally recognized certificating organization) in
the areas of plumbing inspection, electrical inspection, plans examiner, C27
landscape contractors license, turf grass management, or certified arborist (ISA),
shall be paid an incentive pay differential at a rate set above his or her then
current base monthly salary step in accordance with the following schedule: One
certificate from one specialty area: five (5) salary rate ranges (approximately
2.5%); an additional certificate from a second specialty area (total of two): ten
(10) salary rate ranges (approximately 5%); an additional certificate from a third
specialty area (total of three): fifteen (15) salary rate ranges (approximately
7.5%); an additional certificate from a fourth specialty area (total of four): twenty
(20) salary rate ranges (approximately 10%); and an additional certificate from
the fifth specialty area (total of five): twenty-five (25) salary rate ranges
(approximately 12.5%).
o Contracts Administrator
G. An incumbent in one of the classifications listed below who possess a valid
certificate issued by the International Society of Arboriculture (ISA) as a certified
arborist shall be paid at a rate of set five (5) salary rate ranges (approximately
2.5%) above his or her then current base monthly salary step.
o Projects Manager
o Tree Maintenance Supervisor
o Tree Trimmer
o Maintenance Worker II (assigned to the tree crew)
o Public Works Projects Specialist
o Landscape Development Associate
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H. An incumbent in the classification listed below who possesses a valid certificate
issued by the International Society of Arboriculture (ISA) as a certified Tree
Worker shall be paid at a rate of set five (5) salary rate ranges (approximately
2.5%) above his or her then current base monthly salary step.
o Maintenance Worker II (assigned to the tree crew)
5.9 Limitation on Career Development Incentive Pay. Employees covered by this agreement
and already receiving career development incentive pay under section 5.7 of this article
and who continue to meet the qualifications described in the applicable career
development incentive pay provisions of section 5.7 of this article shall continue to
receive said pay under the current career development incentive pay formulas. Current
employees who are eligible for, and do in fact begin receiving career development
incentive pay prior to June 30, 2012, shall continue to receive said pay under the
applicable career development incentive pay provisions of section 5.7 of this article.
Current employees who do not receive career development pay prior to the June 30, 2012
will not thereafter be eligible to receive it. Provided, however, that current employees
who are eligible to qualify for career development incentive pay under the terms of
section 5.7 of this article, and who are awaiting the results of a qualifying examination or
other measurement taken prior to June 30, 2012, shall receive career development
incentive pay upon confirmation of a passing result.
Any employee hired after September 30, 2010 shall not be eligible to receive career
development incentive pay under the career development incentive pay provisions of
section 5.7 of this article.
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ARTICLE VI
6.0 OVERTIME
6.1 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.
6.2 Definition. Overtime work is defined as:
That authorized or required time worked in excess of 40 hours in the workweek schedule
for a particular classification and organizational unit of an employee. A workweek is a
fixed and regularly recurring period of 168 consecutive hours - 7 consecutive 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 XX, infra.
6.3 Computation of Forty (40) Hour Workweek. In computing the forty (40) hour
workweek, the following type of work hours shall be included in the computation:
Actual hours worked, jury/witness leave and bereavement leave. Any combination of
these hours in excess of forty (40) hours per work week shall entitle the employee to
overtime.
Work on an observed Holiday which would otherwise be a scheduled day off for the
employee will be paid as overtime.
Any paid time off during the workweek such as vacation leave, sick leave, holiday leave,
President's Leave and Union Business Leave, as well as all unpaid leave including
furlough days shall not be counted towards the hours worked in a workweek for the
computation of overtime unless the hours in excess of forty (40) hours in a workweek
(including the above listed time) are worked by the employee at the requirement of
management. For example, an employee working a Monday through Friday work
schedule who takes 9 hours of vacation leave on Monday and works his normal 31 hours
Tuesday through Friday, would not earn overtime for 2 hours he volunteered to work
extra on Saturday. However, if that same employee had been required by management to
work the 2 hours on Saturday as opposed to volunteering, the 2 hours would be
compensated as overtime.
6.4 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one-half (1 1/2) times the employee's regular rate of pay,
subject to the provisions of Subsection "C" below.
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B. Should the Department Head determine that the best interests of the City will be
served thereby, he or his designee may permit an employee to be compensated for
overtime work by taking paid compensatory time off at the rate of one and one-
half (1 1/2) times the employee's regular base rate of pay.
C. Employees shall have the option with Department Head approval to convert a
maximum of eighty (80) hours of time and one-half (T 1/2) paid overtime (in
compensation for 53 1/3 overtime hours worked) to time and one-half (T 1/2)
compensatory time off benefits. Such compensatory time off shall be taken at the
discretion of the employee when requested at least 72 hours in advance, subject to
the operational needs and staffing requirements of the department. If the
Department Head or his or her designee subsequently denies the requested
compensatory time off the employee and department will mutually agree on a
future date within one year when the employee can use the paid compensatory
time off If the requested compensatory time off is not used within that one year,
such compensatory overtime will be paid off in cash.
D. Time off with pay to compensate for overtime worked may be accumulated to a
maximum of eighty (80) hours.
E. Because each hour of overtime worked is programmatically accrued on a time and
one-half (T 1/2) basis, compensatory time off will be taken, and monetary
payment will be paid, on a straight-time basis. Also, upon termination, any
earned, unused compensatory time off ("time-on-the-books") will be paid on a
straight-time basis.
F. Time off with pay to compensate for overtime worked may be taken in increments
as small as a half (1/2) hour.
G. If compensatory time off is used in excess of that available, such excess
compensatory time off will, first, be deducted from any available vacation
benefits; finally, deducted from the next scheduled wage or salary payment.
H. 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.
L Upon an employee's appointment to a position in which overtime may not be
earned or upon an employee's separation from employment with the City by
resignation, retirement, layoff or otherwise, he or she shall forthwith be
compensated for any overtime accumulated to the time immediately preceding
such promotion or separation.
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6.5 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 benefits), toward the completion of probationary period, or to progression
within salary rate range.
6.6 Overtime Work to be Minimized. To the extent that he or she is reasonably able to do so,
the Department Head or his or her designee shall arrange work programs to minimize
overtime work. Necessary overtime work shall be apportioned among employees of like
classification and assignment.
6.7 Call-Back Duty. Any employee covered by this Agreement who is recalled to active duty
from off-duty, shall be entitled to overtime pay at the rate of one and one-half (1 1/2)
times the normal hourly pay rate for such employee for time actually worked after
reporting to the place of duty, or three (3) hours pay at the normal rate of pay, whichever
is greater.
6.8 Declaration of State of Emergency. 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 he or she shall
determine to protect life and property within the City.
6.9 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 Agreement; however, no such changes shall be made except on mutual agreement.
6.10 Court Appearance. Compensation for court appearance by employees covered by this
Agreement shall be as follows:
A. For each required court appearance made by an employee during his or her off-
duty time in regard to City business, said 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. If separate court
appearances are made both in the morning and afternoon of a particular day, a
minimum of two (2) hours overtime will 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 his or her
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 his or her
authorized representative if the employee can respond to the court, if called,
within 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 said 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, he or she shall be compensated as provided in
Subsection A, supra.
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ARTICLE VII
7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM
7.1 Purpose.
A. To encourage the employees of the City of Santa Ana to take college courses and
special training courses which will better enable them to perform their present
duties and prepare them for increased responsibilities.
B. To provide financial assistance to eligible employees for education and training.
C. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
7.2 Eligibility.
A. Applications for tuition reimbursement will be considered only from full-time,
permanent City employees who have completed probation.
B. Reimbursement is not authorized for courses for which the employee is receiving
financial assistance from other sources such as G.I. Bill, scholarships, etc.
C. Applications will be approved only for courses directly related to the employee's
job or directly related to a promotional position in the employee's occupational
specialty.
D. Courses not ostensibly related to the employee's job, but which are required to
qualify for a degree that is directly related to his or her job, may be reimbursable
only after all required occupationally related courses have been completed.
E. Prior to receiving tuition reimbursement, employees must submit documentary
proof of having received a grade of not less than "C" for the course. If objective
ratings are not rendered for a specific course, then a certificate of successful
completion must be submitted.
F. Approval will be limited to courses given by accredited colleges and universities,
city colleges or adult education courses under the sponsorship of 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 Personnel Services Department.
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G. When an employee is required by his or her Department Head to attend a
particular course or seminar, the expense shall be borne entirely by the
department.
7.3 Reimbursement.
A. Reimbursement will be based on the cost of tuition or registration fees and all
required texts and related material for each course. Additional expenses such as
meals and parking fees are not reimbursable.
B. Costs for required texts are eligible for one hundred percent (100%)
reimbursement subject to the following conditions:
1. That a duplicate of the required text(s) was unavailable for loan from the
departmental libraries prior to the commencement of course work;
2. That any textbook(s) purchased by the City shall be submitted to the
employee's respective departmental library in order that such text(s) may
be made available to all employees.
C. Maximum tuition reimbursement is one thousand five hundred seventy-five
dollars ($1,575) per fiscal year, which the employee may claim either as costs are
incurred during the year or as one lump sum.
D. Employees shall be limited, for purposes of tuition reimbursement, to a maximum
of two (2) collegiate level courses of not more than a total number of units which
is equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall
equal two-thirds (2/3) of one (1) "semester" unit.
7.4 Procedures.
A. An employee who desires to seek tuition reimbursement under the provisions of
this Article must complete, in duplicate, an Application for Training and
Educational Assistance form and submit it to his or her Department Head prior to
the commencement of class(es) or the payment of fees for registration/tuition.
B. The Department Head will recommend approval or disapproval based on
established criteria and budgetary constraints and then forward the application to
the Executive Director of Personnel Services.
C. The Executive Director of Personnel Services or his or her designee will approve
or disapprove the application for the City Manager. One copy will be returned to
the employee and the duplicate will be retained by the Personnel Services
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
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course or disbursement of personal funds.
D. The employee will submit his or her copy of the approved application to the
Personnel Services Department within three (3) months after he or she has
completed the course and received his or her final grade. Such employee must
include official verification of his or her final grade with appropriate receipts for
tuition and textbook costs. These will be returned to the employee upon request.
Applications not submitted to the Personnel Services Department within three (3)
months following completion of the course become void.
E. Upon receipt of the application and required documentation, the Personnel
Services Department will determine whether the completed course of instruction
is compatible with the provisions of this Article and will compute the amount of
reimbursement, authenticate the application and forward it to the employee's
Department Head.
F. The Department Head will then authorize the Finance & Management Services
Department to reimburse the employee the approved amount out of the budget of
the department concerned.
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ARTICLE VIII
8.0 HOLIDAYS
8.1 Legal holidays observed by full-time permanent and probationary employees of the City
of Santa Ana are as follows:
o January 1 - New Year's Day.
o Third (3rd) Monday in January - In observance of Martin Luther King, Jr.'s Birthday.
o Third (3rd) Monday in February - In observance of President's Day.
o Last Monday in May - In commemoration of Memorial Day.
o July 4th - In observance of Independence Day.
o First (1st) Monday in September - In observance of Labor Day.
o November 11th - In observance of Veteran's Day.
o Fourth (4th) Thursday in November - In observance of Thanksgiving Day.
o The Friday immediately following Thanksgiving Day.
o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in
which instance, the day following Christmas Day shall be observed in lieu thereof.
o December 25th - In observance of Christmas Day.
o One (1) Floating Holiday - Any workday selected by the employee with prior
permission of the employee's supervisor.
o Every day proclaimed by the Mayor of the City as a holiday for City employees.
o Any holiday which falls on a Sunday will be observed on the following Monday.
o Any holiday which falls on a Saturday will be observed on the Friday preceding the
holiday.
8.2 Holidays - Shift Personnel and Employees on Alternate Work Schedules.
A. Full-time employees whose regularly scheduled days off are other than Saturday
and Sunday shall be entitled to receive twelve (12) working days off during the
year in lieu of the holiday benefits specified in Section 8.1 above. However,
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employees with alternative work schedules in the Community Preservation, Police
Records, Correctional Records, Fleet Services Divisions, and employees on a 9/80
work schedule shall be credited with 96 hours of Holiday Time at the beginning
of every calendar year in lieu of twelve (12) holidays in the year. If any employee
working in the above referenced categories separates from employment prior to
December 31 of any year and has exhausted 96 hours of holiday time, the value of
hours not yet accrued but used shall be deducted from the final paycheck.
B. Said substitute holidays may be scheduled by the Department Head or his or her
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 his or her service at full pay in such capacity during
the year.
8.3 Modified Holiday Schedule - Library Employees. Full-time employees assigned to the
Library Department shall, during the term of this Agreement, observe holidays on the
dates specified in Section 8.1 above.
8.4 A newly appointed employee must actually work at least one (1) day preceding the day a
holiday listed in Section 8. 1, supra, actually occurs in order to receive credit for such
holiday during the month in which it occurs.
An employee separating from the service of the City must actually work at least one (1)
day following the day a holiday listed in Section 8. 1, supra, actually occurs in order to
receive compensation for the holiday.
A newly appointed employee must complete six (6) months of continuous full-time
service in order to receive credit for the Floating Holiday listed in Section 1 above.
8.5 Holiday time off may be only be taken in increments of eight (8) hours. Employees
assigned to the 4/10 work schedule in the Community Preservation Division of the
Planning & Building Agency, in the Fleet Services Division of the Finance &
Management Services Agency or the Police Department must use their holidays in ten
(10) hour increments. Employees assigned to the 3/11.5 plusl/5.5 work schedule in the
Correctional Records Division of the Police Department must use their holidays in 11.5
hour increments. Employees assigned to a 9/80 work schedule must use their holidays in
nine (9) hour increments as described in Section 3.2 (C)(3)(d)(1) supra.
8.6 Holiday benefits may not be carried over from one (1) calendar year to the next.
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ARTICLE IX
9.0 VACATION
9.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide
them with a break in their regular work schedule and this purpose will be used as a guide
in the administration of the provisions of this Article.
9.2 Regular Vacation Period.
A. Regular vacation with pay is granted to each full-time permanent or probationary
employee, at the rate of fifteen (15) working days for each completed year of
service, accrued at the rate of ten (10) working hours for each completed month of
service. Employees hired after August 9, 1979, shall be granted regular vacation
at the rate of ten (10) working days for each of his or her first and second
completed year of service, accrued at the rate of six and two-thirds (6 2/3) hours
for each completed month of service. Thereafter, all such employees shall be
granted regular vacation at the rate of fifteen (15) working days for each
completed year of service accrued at the rate of ten (10) working hours for each
completed month of service.
B. An employee who has completed less than one year's service during the calendar
year shall receive a proportionate fraction in accordance with the amount of
service to his or her credit during the year; provided, however, no employee shall
be entitled to, or receive payment for, any vacation until he or she has completed
six (6) months of continuous service.
C. On or after the first (1st) day of the month following completion of six (6) months
of continuous full-time service, an employee may be allowed to take all or a
proportionate fraction of his or her earned vacation, subject to scheduling
approval of the employee's supervisor.
D. 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. Upon completion of two (2) years of continuous service, each employee must take
at least five (5) consecutive working days of vacation each year thereafter.
F. Computation of Regular Vacation.
1. In computing regular vacation, each municipal holiday that occurs during
the vacation, and that falls on a day which the employee would have
worked had he or she not been on vacation, shall be deducted from the
computation so that one (1) additional day of regular vacation shall be
allowed to the employee unless departmental practice provides some other
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manner of compensating for municipal holidays. Should an employee be
confined to a hospital for sickness or injury while on authorized vacation,
each full day of such confinement, when confirmed by a physician's
statement and approval of the Department Head, may be deducted from
the computation of vacation expended and charged against the employee's
accumulated sick leave.
2. No employee may carry over from one (1) calendar year to the next, more
than the equivalent of two (2) regular vacation periods from the previous
two (2) years, and vacation not taken beyond that amount is forfeited. A
regular vacation period is defined as the maximum amount of vacation
earned in a calendar year as provided in Subsection A above.
3. No employee shall have a right to accumulate or split his or her vacations,
but the same may be allowed or required by the Department Head. The
time at which an employee shall take his or her 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 service.
9.3 Longevity Vacation.
A. All current and re-employed employees eligible to receive longevity vacation as
of the date of council approval of this agreement shall retain rights to both the
existing longevity vacation accrual and cash-out programs. Employees employed
as of the date of council approval of this agreement who are not yet eligible to
received longevity vacation shall retain rights to the existing longevity vacation
accrual program only. They will not obtain any rights to the longevity cash-out
program. Any employee hired after the date of council approval of this agreement
shall not be eligible for either the longevity vacation accrual or cash-out
programs.
B. Each permanent employee is granted additional work days of vacation leave with
pay for each completed year of full-time, continuous city service as set forth in
the following table. This additional vacation shall be designated longevity
vacation.
Hourly Equivalent
Completed Years Additional Days of Additional Days
6 1/2 4
7 1 8
8 1 1/2 12
9 2 16
10 2 1/2 20
11 3 24
12 3 1/2 28
13 4 32
14 4 1/2 36
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15 5 40
16 6 48
17 7 56
18 8 64
19 9 72
20 10 80
C. No employee becomes eligible for longevity vacation until completion of the
sixth (6th) year of continuous service, and each employee continues to earn the
maximum of ten (10) working days (80 hours) of longevity vacation for each
completed year of service in excess of twenty (20) years.
D. A period of earlier service does not apply toward longevity vacation accumulation
when an employee has had a break in continuous service, unless the break in
service is concluded by reappointment, as provided in Section 9-114 of the Civil
Service Rules and Regulations, or by reemployment from layoff within one (1)
year. Leave of absence without pay, as provided in Article X, Section 10.1E
(Sick Leave - Extended), Article X, Section 10.8 (Authorized Absence Without
Pay - Long Term) and Article XXIII, Section 23.3 (Catastrophic Leave) herein,
does not constitute a break in continuous service as used in this section; however,
the leave of absence period shall not be applied toward the accumulation of
longevity vacation. Absence on military leave followed by reinstatement, as
provided in Section 9-143 of the Civil Service Rules and Regulations, does not
constitute a break in service, and the period of absence on such military leave
shall be applied toward the accumulation of longevity vacation.
E. Employees covered by this agreement are permitted to cash-out up to sixty (60)
hours of their current year's allocation of longevity vacation accrual on a straight
time basis.
F. Those employees who are eligible to receive longevity vacation leave shall defer
for the duration of fiscal years 2011-12 and 2012-2013 an employee's ability to
cash out longevity vacation time. Such deferral shall not affect a qualified
employee's ability to be compensated for all accumulated leave upon termination
of employment with the City. The ability to cash out longevity vacation time
shall be reinstated on July 1, 2013.
G. For the period July 1, 2013 through June 30, 2016, qualified employees covered
by this Agreement shall be given an option once per fiscal year, to receive cash
compensation computed on a straight time basis in lieu of up to a total of one-
hundred (100) hours of their longevity vacation leave benefits.
H. Effective July 1, 2016, the maximum permitted yearly cash-out of longevity
vacation shall revert back to sixty (60) hours per fiscal year.
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9.4 Limitation on Vacation. With the exception of a retiring employee, no employee is
granted, and no employee shall be allowed to take any vacation leave with pay in excess
of fifty (50) working days (400 hours) in any one year by any combination of the
vacations granted in these rules and regulations. Further, no employee may carry over
from one (1) calendar year to the next more than the equivalent of one (1) longevity
vacation period and the equivalent of one (1) regular vacation period from the previous
two (2) years and vacation not taken beyond that amount is forfeited. Therefore, the
maximum vacation that an employee with less than six (6) years service could
accumulate is thirty (30) working days (240 hours) and only an employee with more than
twenty (20) years service could carry over and take the authorized maximum of fifty (50)
working days (400 hours) in any one year.
9.5 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; finally, deducted from the next scheduled salary payment.
9.6 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 regular and longevity vacation accrual purposes.
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ARTICLE X
10.0 OTHER LEAVES OF ABSENCE
10.1 Sick Leave.
A. Definition. Except as otherwise provided below, sick leave shall be deemed to
mean absence from duty of an employee because of illness, injury, medical, or
dental appointment that prevents the employee from performing the duties of his
or her position, and shall be deemed to include time in quarantine resulting from
exposure to a contagious disease.
B. Accrual. Each employee shall be entitled to, and shall earn, one (1), eight (8)
hour working day of sick leave for each full calendar month of service in which
he is employed by the City with full pay; provided, however, any absence on sick
leave for a period of time greater than fifteen (15) consecutive calendar days in
any one (1) calendar month shall not be considered to be service entitling an
employee to earn sick leave as aforesaid. Subject to the other provisions in this
Article, sick leave shall accrue to the credit of each employee to the extent that it
is not used.
C. Authorized Only When Necessary. Use of sick leave by City employees shall be
authorized as follows:
1. Sick leave is not a right which an employee may use at his or her
discretion, but shall be allowed only in cases of necessity and actual
sickness or disability, or as authorized in Subsection J below.
2. 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 will be allowed
such employee during the first three (3) days of the statutory waiting
period. If the workers' compensation related illness or injury continues
past the initial three (3) consecutive days, the employee will have the three
(3) used sick days re-credited to his or her account, if the employee
remains off work longer than 14 days. Paid sick leave will continue until
the fourth (4th) day when the City pays the employee workers'
compensation benefits for such illness or injury. If the employee does not
have sufficient accumulated sick leave at the commencement of such
industrial illness or injury, they will be advanced sick leave for this
purpose. Subsequently, the City will deduct an equal amount previously
advanced from any sick leave accrued by the employee until the total
amount is recovered. If the employee terminates before recovery of all
advanced sick leave, the City will deduct the unrecovered cost of sick
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leave from such terminated employee's final paycheck, to the extent
possible.
Commencing with Council approval of this Agreement, the City may
authorize employees to use sick leave, vacation, or compensatory time for
approved workers' compensation medical appointments as specified
herein. The City may authorize use of such leave for City approved
medical appointments whenever such appointments cannot be secured
outside the employee's regular workday, and salary continuation or
workers' compensation benefits are not available.
D. Limit. The maximum total accumulation of sick leave with pay shall be two
hundred (200), eight (8) hour working days. 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 his or her accrued sick leave if the City
physician or a licensed physician designated by the City Manager indicates that
the employee will be sufficiently recovered to return to his or her employment
within a six (6) month period. Prior to the expiration of the additional time, the
employee may return to his or her position provided that the employee has a
certificate from one of the above mentioned physicians stating that the employee
is able to perform all the duties of his or her position without qualification. In
addition to the above, the City Manager may grant a further extension not to
exceed a total of one (1) year without pay.
F. Extension by Use of Accrued Compensatory Time Off and/or Vacation. After an
employee's sick leave has been exhausted, he or she may be granted permission to
use, first, any unused compensatory time off benefits, then, any unused vacation
leave benefits he or she may have accrued.
G. Notice. The employee taking sick leave shall notify his or her immediate
supervisor either prior to or within four (4) hours after the time he or she is
scheduled to report for duty, or as otherwise established by departmental
regulations. When the absence is more than three (3) consecutive working days,
the employee must present to his or her Department Head a physician's certificate
stating the cause of illness and that, in the physician's opinion, the employee
could not report to work because of such illness or injury and that the employee is
sufficiently recovered to safely return to work. Such certificate shall be
transmitted to the Executive Director of Personnel Services with the report of the
employee's return to work.
Upon prior written notice given to an employee a physician's certificate or other
satisfactory written evidence of actual illness or injury may be required after any
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future absence of any duration less than three (3) days. Such written notice shall
be approved by the Department Head or designee and the stated reason therefore.
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.
L 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 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, 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, spouse, child, brother, sister, grandparent, or grandchild of the
employee, regardless of residence; 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 three (3) days of this personal necessity leave may be used: a) to attend to a
serious accident to members of the employee's immediate family; b) childbirth; c)
to cope with imminent danger to the employee's family, home, or other valuable
property; d) when the existence of external circumstances beyond the employee's
control make it impossible for him or her to report for duty; or e) attend to
medical or dental appointments for members of the employee's household. For
the purposes of this section only, a "day" shall be defined as the number of hours
of work that an employee is required to work according to his or her specific
workday schedule.
K. Payment for Unused Sick Leave.
1. Except in cases of disability retirement, upon non-disciplinary termination
of employment after ten (10) years of cumulative full-time service with
the City, each qualified employee shall be entitled to payment for one-
third (1/3) of the total sick leave benefit credited to his or her account
upon the effective date of such termination, not to exceed a maximum
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limit of fifty-three and one-third (53.33) eight (8) hour working days, at
the rate of pay effective on the date of such termination.
For employees who have at least ten (10) years of service with the City
prior to October 1, 2010, the maximum sick leave cash-out after ten (10)
years of service shall be equal to 427 hours (53.33 x 8).
Thereafter, for employees with less than ten (10) years of service as of
September 30, 2010, the maximum sick leave cash-out after ten (10) years
of service shall be equal to 325 hours (40.625 x 8).
At the employee's election, payment of unused sick leave may be received
in either a lump sum of money, or in equal monthly payments for a period
of up to five (5) years.
A lump sum payment shall be made to the beneficiaries of any eligible
employee whose death occurs while such employee is an active employee
of the City, such payment to be in the amount of one-third (1/3) of the
total sick leave benefit credited to the employee's account at the time of
his or her death, and at the rate of pay effective on the date of death.
2. At his or her option, an employee may convert any lump sum payment
provided herein into health insurance premiums, to the extent necessary to
provide the employee and his or her designated eligible dependents, if any,
with benefits under the health insurance program maintained by the City.
The City's obligation to pay such premium shall terminate upon the
happening of any of the following events:
a. Premiums have been paid on behalf of the former employee until
all monies are exhausted; or
b. The sum of premiums paid equals one hundred fifty percent
(150%) of the amount of the lump sum payment that the employee
would have received for unused sick leave benefits had this option
not been elected.
C. Except in cases of disability retirement, upon non-disciplinary
termination of employment after fifteen (15) years of cumulative
full-time service with the City, each qualified employee shall be
entitled to payment for two-thirds (2/3) of the total sick leave
benefit credited to his or her account upon the effective date of
such termination to be applied toward health insurance premiums
only as specified in Section K (2) above excluding Subsections a
and b.
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10.2 Bereavement Leave.
A. An employee shall be granted up to three (3) working days leave without loss of
pay in case of death of a member of the employee's immediate family. Such
leave is designated as bereavement leave. "Immediate family" as used in this
section is limited to:
1. Any member of the employee's household related by blood or marriage;
2. A parent, parent-in-law, stepparent, spouse, child, stepchild, brother,
stepbrother, sister, 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. 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.
10.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave
if he or she furnishes the Executive Director of Personnel Services satisfactory
proof of his or her order to report for duty. Upon return and upon showing of
proof of actual service pursuant to such orders, he or she will be reinstated as
provided in Section 143 of the Civil Service Rules and Regulations of the City of
Santa Ana.
B. Temporary. Members of the reserve forces of the United States, or the National
Guard, granted temporary leave when ordered to duty, in accordance with the
Military and Veterans Code, will be granted leave with pay not to exceed thirty
(30) calendar days in each calendar year after one (1) year's service with the City
upon presenting satisfactory proof of orders to and from such temporary active
duties.
10.4 Jury and Witness Leave. When an on-duty employee is called to serve as a juror or non-
party witness in any court action, he or she shall be allowed to leave for the time actually
required for such service without loss of pay. Each on-duty employee called for such
service shall present to his or her Department Head for examination the subpoena calling
him or her to such service and shall pay into the City Treasury the fees collected for such
service, with the exception of reimbursement for transportation expenses, if any.
10.5 Examination Leave. Employees participating in examinations conducted during their
normal working hours for positions in the competitive service of the City of Santa Ana
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will be granted leave with pay for the time actually required without loss of any accrued
vacation time off benefits.
10.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be
considered cause for dismissal. Absence from duty without leave for five (5) consecutive
working days shall be deemed a resignation from the service; provided, however, if upon
return to duty the person so absenting himself or herself makes an explanation
satisfactory to the Department Head regarding the cause of his or her absence, the
Department Head may restore him or her to his or her position, with the City Manager's
approval.
10.7 Authorized Absence Without Pay - Short Term. Absence without pay not to exceed five
(5) consecutive working days may be authorized by the Department Head. Absence
without pay not to exceed fifteen (15) calendar days may be authorized by the
Department Head 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.
10.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from
an employee having permanent status, plus action by the Department Head
recommending approval of the request, the City Manager may grant a leave of absence
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 Personnel Services of his or her 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 will
take steps necessary to restore the employee to his or her former position.
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.
10.9 Industrial Leave. Any period of time during which an employee is required to be absent
from his or her position by reason of an industrial injury or industrial illness for which he
or she is entitled to receive compensation shall not be considered a break in continuous
service for the purpose of his or her right to salary adjustments or to the accrual of
vacation and seniority.
10.10 Pregnancy 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.
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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 she will take the leave and the estimated duration of
the leave. Health and welfare insurance coverage will 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 Family Medical Leave Act (FMLA) or California Family Rights Act
(CFRA) provisions.
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ARTICLE XI
11.0 EMPLOYEE INSURANCE
11.1 Health Insurance. The City shall contribute the following amounts toward the payment
of premiums for affected employees and their dependents under the existing health
insurance programs or new program or programs providing substantially similar or
improved coverage and benefits selected in accordance with procedures in effect on the
effective date of this Agreement:
A. For each such employee who is covered under a spouse's non-City sponsored
health plan, the City will pay the employee a cash payment each month in an
amount equal to 50% of the monthly premium amount for the City's lowest
"employee-only" coverage, if said employee waives, in writing, City-paid
coverage.
B. Effective January 1, 2008, January 1, 2009, and January 1, 2010,_respectively, the
City shall contribute toward medical premiums an amount consistent with the
rates then in effect for each tier of the Ca1PERS Kaiser Permanente HMO Other
Southern California plan.
C. Effective January 1, 2011 the City shall contribute toward medical premiums an
amount consistent with the rates then in effect for each tier of the lowest priced
available Ca1PERS approved HMO medical plan for the Other Southern
California Region plan. Additionally, employees hired after January 1, 2012 shall
also reimburse the City for the purchase of medical insurance through the City
through a payroll deduction in an amount equal to the lesser of ten percent (10%)
of the value of the rates then in effect for each tier of the lowest priced available
CalPERS approved HMO medical plan for the Other Southern California Region
plan, or $50 per month.
E. Any contribution necessary to maintain benefits under said medical plans in
excess of the amount set forth above shall be borne entirely by the employee.
11.2 Dental Insurance. Effective January 1, 2007, the City contribution amount will be
increased to a maximum of up to ninety ($90) dollars per month per employee. This
contribution amount of ninety ($90) dollars per month per employee shall remain in
effect during the term of the Agreement, which expires June 30, 2013.
Any contribution necessary to maintain benefits under said dental plans in excess of the
amount set forth above shall be borne entirely by the employee.
11.3 Long-Term Disability (L.T.D.) Insurance. Effective January 1, 2002, for the term of this
Agreement, the City shall contribute up to a maximum of ten dollars and thirty-nine cents
($10.39) per month to employees enrolled in the 130 day elimination period LTD plan.
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For employees who elect to upgrade their LTD benefit coverage to a 60 day elimination
period plan, the City will contribute up to eleven dollars ($11.00) per month. Any
amount necessary to maintain benefits under the long term disability insurance plans
provided by the City in excess of the amounts set forth above shall be borne by the
employee.
11.4 Life Insurance. The City shall maintain in effect for the term of this Agreement its
existing life plans covering employees covered by this Agreement on the same basis as its
plans are offered to the employees as of June 30, 1998, including term life insurance
coverage for each affected employee in the amount of twenty thousand dollars ($20,000)
plus twenty thousand dollars ($20,000) Accidental Death and Dismemberment (AD&D)
coverage at no cost to the employee.
11.5 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, the Union shall have
an equal number of representatives as the City on such a committee to meet as necessary.
11.6 Medical Retirement Subsidy Plan.
A. Based on the first payroll period in October, 2001 and no later than October 31st
each year thereafter for the term of this Agreement, the City shall contribute to a
fund an amount of money equal to one-half of one percent (.5%) of the bargaining
unit's salary base for the purpose of providing a retiree health insurance subsidy
plan. Eligibility for and the specific payments made to members of the bargaining
unit pursuant to this plan shall be designated at the sole discretion of SEIU. The
plan shall be administered by the City, at no cost to the Union or its members
pursuant to the written directives of SEIU. The funds contributed by the City will
be maintained in such a manner as to insure that the funds are invested in a
reasonably secure plan that bears a reasonable rate of interest/growth given
current financial markets. For purposes of this Agreement, investments made
pursuant to the then current Statement of Investment Policy for the City of Santa
Ana, shall be deemed to meet the requirements of this section. This program is
for medical insurance premium reduction only and will be implemented by
February 1, 2002 for an employee retiring after July 1, 2001. If an employee
retires between July 1, 2001 and February 1, 2002, he or she will be eligible to
participate in said plan; however, in no event, will he or she be eligible to utilize
this program until February 1, 2002. Additionally, in no event shall said
employee(s) be eligible for retroactive medical premium reduction assistance
prior to February 1, 2002.
B. Effective July 1, 2004, July 1, 2005, and July 1, 2006, respectively, the City's
contribution toward the Medical Retirement Subsidy Plan shall increase by 0.1 %
each year under the conditions specified in Section 11.6 A above.
C. Effective October 1, 2007, the City's contribution toward the Medical Retirement
Subsidy Plan shall increase by 0.2% under the conditions specified in Section
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11.6 A above. With this contribution amount, the City's contribution toward the
SEIU Medical Retirement Subsidy Plan shall equal 1.0% of the bargaining unit's
salary base (including assignment pays).
D. Effective October 1, 2008, the City's contribution toward the Medical Retirement
Subsidy Plan shall increase by 0.4% under the conditions specified in Section
11.6 A above. With this contribution amount, the City's contribution toward the
SEIU Medical Retirement Subsidy Plan shall equal 1.40% of the bargaining unit's
salary base (including assignment pays).
E. Effective October 1, 2009, the City's contribution toward the Medical Retirement
Subsidy Plan shall increase by 0.35% under the conditions specified in Section
11.6 A above. With this final contribution amount, the City's contribution toward
the SEIU Medical Retirement Subsidy Plan shall equal 1.75% of the bargaining
unit's salary base (including assignment pays).
F. For fiscal years 2010-11, 2011-12, and 2012-13, the City's annual contribution
toward the Medical Retirement Subsidy Plan shall be decreased from 1.75% to
1.0%.
Effective fiscal year 2013-14, the City's annual contribution shall revert to 1.75%.
11.7 Vision Plan. The City shall offer a non-contributory vision plan through payroll
deduction for employees wishing to participate in such a plan.
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ARTICLE XII
12.0 RETIREMENT
12.1 General. The terms of the existing contract between the City and California Public
Employees' Retirement System (CalPERS) governing the City retirement benefits for
affected employees are incorporated by reference herein. The City shall continue to
make contributions to CalPERS in accordance with its contract with Ca1PERS for
affected employees covered by said contract as amended.
12.2 Deferred Retirement. The City will continue to make payment to CalPERS on behalf of
each affected employee, in an amount necessary to pay one hundred percent (100%) of
his or her individual retirement contribution which is equal to seven percent (7%) and
will increase to eight percent (8%), effective January 1, 2009. Such payments shall be
credited to the individual employee's Ca1PERS account.
Such payments are not increases in base salary and no salary rate range applicable to any
of the employees covered by this Agreement shall be changed or deemed to have been
changed by reason thereof. As a result, the City will not treat these payments as ordinary
income and, thus will not withhold Federal or State income tax from said payments. The
City has received an opinion or ruling from the Internal Revenue Service confirming that
these payments are deferred compensation, and not ordinary income. In the event that the
City receives a ruling from the Internal Revenue Service that such payments are ordinary
income of the employees instead of deferred compensation, the City's obligation to make
such payments shall discontinue and in place thereof the base salary of each said
employee shall forthwith be increased by fourteen (14) salary rate ranges (7%), or sixteen
(16) salary rate ranges (8%), after January 1, 2009.
For the purpose of reporting an employee's compensation to CalPERS, the City shall
include these payments as if they were a part of the employee's base salary.
12.3 2% at 55 Retirement Benefit. Effective July 1, 1997, the City agreed to pay 2.266% of
the cost of providing Ca1PERS 2% at 55 retirement benefit to employees of this unit.
Employees agreed to pay one percent (1%) of the total cost of 3.266% for the 2% at 55
retirement benefit by authorizing a one percent (1%) deduction from their salary (two (2)
salary rate ranges) effective July 1, 1997. Effective November 1, 2001, this one percent
(1%) deduction is eliminated.
12.4 Credit for Unused Sick Leave. Effective January 1, 2002, or as soon as practicable
thereafter, an employee covered by this Agreement, can have unused accumulated sick
leave at the time of retirement converted to additional service credit at the rate of 0.004
years of service credit for each day of unused sick leave (i.e., 200 days of sick leave
equals .80 additional year's of service credit). The City must report only those days of
unused sick leave that were accrued by the employee during the normal course of
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employment. This section applies to members whose effective date of retirement is
within four (4) months of separation from employment.
12.5 Military Service Credit as Public Service. Effective January 1, 2002, or as soon as
practicable thereafter, an employee covered by this Agreement may elect to purchase up
to four (4) years of service credit for any continuous active military or merchant marine
service prior to employment. The employee must contribute an amount equal to the
contribution for current and prior service that the employee and the employer would have
made with respect to that period of service.
12.6 2.7% at 55 Service Retirement Benefit for Miscellaneous Members. Effective January 1,
2009, the City agrees to amend its retirement contract with CalPERS to provide
Miscellaneous employees covered by this agreement with the 2.7% at 55 Service
Retirement benefit. Pursuant to CalPERS regulations, this new formula will apply to
employees that are in active status on the date this amendment takes effect. This new
formula will apply to each year of eligible service credited with the City of Santa Ana.
Payment toward the 2.7% at 55 Service Retirement Benefit. Miscellaneous employees
covered by this Agreement agree to pay 8.0% of Ca1PERS reportable compensation
toward the cost of the 2.7% at 55 enhanced retirement formula as set forth in Article IV,
Section 43A.
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.
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ARTICLE XIII
13.0 TOOL REIMBURSEMENT POLICY
13.1 Employees classified as Fleet Equipment Technician I, II, or III, or Fleet Equipment
Supervisor shall continue to provide such tools as are ordinarily used in the trade which
shall be the personal tools of the mechanic. The City will continue with one (1) or more
vendors an account(s) for said employees who have at least one (1) year of service in
such classifications. Such employees shall be allowed up to $900 per fiscal year with
such vendor(s) in order to purchase tools which, in the sole determination of the Fleet
Services Manager, are necessary for the performance of such employee's job duties. The
City's policy and procedure for the replacement of stolen tools shall be the same as it
existed prior to the effective date of this Agreement. The City shall bear no liability or
responsibility for such tools except as provided in this Section.
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ARTICLE XIV
14.0 UNIFORM MAINTENANCE
14.1 All employees who are required by the City to wear a uniform while on duty shall
continue to be provided seven (7) sets of clean uniforms every two (2) weeks at no cost to
the employees. All field/yard maintenance, custodial and equipment repair employees
shall be provided eleven (11) clean sets every two (2) weeks at no cost to the employee.
All Police Records Personnel and the Senior Office Assistants assigned to the traffic
window shall be provided three (3) sets of uniforms made of Dacron and one (1) wool
sweater. The Union agrees that any such employee who wishes to be provided with one
(1) or more additional clean sets per week above the amounts specified above will be
required to pay the extra cost incurred for such additional set(s).
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ARTICLE XV
15.0 SAFETY
15.1 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.
15.2 Central Safety Committee. The Union may designate two (2) representatives and two (2)
alternates to serve on the City's Central Safety Committee.
15.3 Safety Shoes.
A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per
affected employee, for the purchase and/or repair of approved safety shoes/boots.
The option of purchase and/or repair shall be at the sole discretion of the
employee.
B. All safety shoes/boots purchased under this program must have steel reinforced
toes and insteps and bear the official stamp of approval from the American
National Standards Institute (ANSI), z-41.
C. If a particular classification of employment is designated as requiring its
incumbents to wear safety shoes, then it will be mandatory for all incumbents of
that classification to wear the type of safety shoes (boot or low-quarter) deemed to
be appropriate by the Department Head. (Some exemptions may be allowed, on a
case-by-case basis, depending on the type and amount of exposure to hazard in
particular positions and subject to the approval or disapproval of the City's Safety
Officer.)
D. The procedure necessary to be followed for the implementation and operation of
this program shall be in accordance with the existing policies and procedures as
previously established by the City.
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ARTICLE XVI
16.0 RESIDENCY
16.1 Employees covered by this Agreement are permitted to reside outside the limits of Santa
Ana so long as such residency is not an unreasonable distance from, nor requires an
unreasonable response time to, the particular employee's place of employment. It shall
not be deemed an unreasonable distance within the meaning of this section if the
employee resides within the area of a circle drawn with the City Hall of the City of Santa
Ana as the center and the radius of which extends to the southern most point of the
County of Orange, or if the employee otherwise resides within twenty-five (25) miles of
regularly scheduled Metrolink, bus, or other common carrier transportation service to
Orange County.
A. Any employee desiring to take advantage of the opportunity to reside outside of
the area stated within this section shall first request permission to do so from the
Department Head. Said request shall be granted by the Department Head if he or
she determines the intended residence is not an unreasonable distance from and/or
does not require an unreasonable response time to the employee's place of
employment.
B. If the Department Head refuses the said request, the employee shall have a right
to appeal said determination to the City Manager.
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ARTICLE XVII
17.0 GRIEVANCE REVIEW PROCEDURE
17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an
employee or group of employees or the Union concerning the interpretation or
application of specific provisions of this Agreement, or of the rules and regulations
governing personnel practices or working conditions of the City, except, however, those
matters specifically assigned to the jurisdiction of the City Personnel Board by those
provisions of the City Charter and the Civil Service Rules and Regulations.
17.2 Informal Process - First Step.
A. An employee and/or his or her designated representative must first attempt to
resolve the grievance on an informal basis through discussion with his or her
immediate supervisor without undue delay, but in no case, beyond a period of
fifteen (15) working days after the occurrence of the alleged incident giving rise
to the grievance, or when the grievant knew or should have reasonably become
aware of the facts giving rise to the grievance.
B. Every effort shall be made to find an acceptable solution to the grievance through
this informal means at the most immediate level of supervision.
C. In order that this informal procedure may be responsive, both parties involved
shall expedite this process. If, within fifteen (15) working days, a mutually
acceptable solution has not been reached at the informal level, the employee
and/or the employee's designated representative shall then set forth the grievance
in writing, indicate the nature of the action desired, sign it, and submit it in
duplicate to the employee's Department Head. At this point, the grievance review
process becomes formal. Should the grievant fail to file a written grievance, and
in the manner specified above, within fifteen (15) working days after first
discussing the grievance with the employee's immediate supervisor, the grievance
shall be barred and waived.
D. Any resolution of the grievance at the informal stage by any person other than a
middle manager or above shall not become precedence or be used to establish past
practice regarding implementation, interpretation, or application of this
Agreement.
17.3 Formal Process.
A. Second Step. The Department Head or his or her designated representative shall
meet with the employee and/or the employee's designated representative within
fifteen (15) working days after the grievance has been submitted to the
Department Head. The Department Head, or his or her designated representative,
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shall review the grievance and may affirm, reverse or modify the disposition
made at the First Step and shall deliver his or her answer to the employee and/or
the employee's designated representative within ten (10) working days after said
meeting.
B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the
employee and/or the employee's representative may submit the grievance in
writing to the City Manager or his or her designated representative within thirty
(30) days of being informed of the disposition made at the Second Step. Failure
of the grievant and/or his or her designated representative to take this action will
constitute a waiver and bar to the grievance, and the grievance will be considered
settled on the basis of the disposition made at the Second Step.
The City Manager or his or her designated representative shall meet with the
employee and/or the employee's designated representative within fifteen (15)
working days after submission of the grievance. The City Manager, or his or her
designated representative, after careful review, may affirm, reverse, or modify the
disposition made at the Second Step and his or her decision, which shall be final
and binding, shall be delivered in writing, to the employee and/or the employee's
designated representative within fifteen (15) working days after said meeting.
A copy of the written grievance to the City Manager, or his or her duly authorized
representative, and of the City Manager's or his or her representative's written
decision, shall be filed in the personnel records of the department and the
grievant's personnel jacket maintained in the City Personnel Services Department.
17.4 Reservation of Rights. After the procedure set forth in this Article has been exhausted,
the grievant, the Union, and the City shall have all rights and remedies to pursue said
grievance under the law.
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ARTICLE XVIII
18.0 UNION RIGHTS
18.1 Release Time for Union Grievance Representatives. The Union 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 sixteen (16).
B. The City's Employee Relations Manager shall be provided with a list of names
and classification titles of the Union's officers as set forth in the Santa Ana City
Employees, Chapter 1939/Service Employees International Union Local 721
Bylaws, as well as the names and classification titles of all work site
leaders/stewards and other Union representatives. The Union agrees to inform the
City in writing of any changes in said list within ten (10) calendar days.
C. During the term of this Agreement, the City agrees to grant up to a total of two
hundred (200) hours per fiscal year on a non-cumulative basis to enable the
officers and worksite leaders/stewards to assist other bargaining unit employees in
processing grievances under the Grievance Review Procedure; 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
bargaining unit employees pursuant to this provision of the Agreement.
D. Union Business Leave Time. In addition to the two hundred (200) hours per
fiscal year provided by the City on a non-cumulative basis, officers and worksite
leaders/stewards shall be granted an additional three hundred (300) hours per
fiscal year on a non-cumulative basis paid by the Union from the bank of hours or
directly by the Union. The purpose of this additional three hundred (300) hours
per fiscal year shall be to enable the officers and worksite leaders/stewards to
assist the bargaining unit employees in processing grievances under the Grievance
Review Procedure and for union activities which may include conventions,
seminars and meetings. However, such officers and worksite leaders/stewards
shall make advance arrangements with their supervisors prior to absenting
themselves for such purposes. The officers and worksite leaders/stewards shall be
required by the City to record and report to their supervisors on the work time
spent on Union business.
Time spent by the Union President, officers or worksite leaders/stewards on
President's leave and/or Union Business leave time, under this MOU, shall not be
considered time worked for computation of overtime according to the Fair Labor
Standards Act.
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E. President's Leave Time. During the term of this Agreement, the City agrees to
grant the Union President twenty (20) hours per week paid time off which shall be
charged against a Union Leave Bank and subject to the following terms and
conditions:
1. The Union President will conduct any Union business performed during
the twenty (20) hours per week off the worksite. However, the President
may conduct Union business on worksites pursuant to Article XVIII,
Section 18.2, Worksite Access provision of the MOU.
2. The Department Director of the Union President may approve additional
time off for the Union President for Union seminars and other business on
a prescheduled basis. Such additional time off shall be paid for by the
Union or from the President's vacation or compensatory time bank.
3. The Department Director of the Union President will schedule the Union
President to be offsite for four (4) hours each day to conduct Union
business, upon request of the Union. The Department Director shall
schedule the Union President to be offite working on City business four
(4) hours each day five (5) days a week. The Department Director may
change the schedule of the Union President upon reasonable notice to the
Union President.
4. During the period of time the Union President is performing City work, he
or she shall receive no phone calls or visitors. Persons who call or wish to
see the Union President during his or her work time shall be referred to the
Union's offsite headquarters.
5. Time paid for conducting Union business shall not count towards the
computation of overtime.
6. The Union shall reimburse the City for 100% of the salary, including any
premium payments and benefit costs for the President's leave time. Such
reimbursement may be from the bank established pursuant to this
Agreement or directly from the Union.
7. The Union agrees to pay for Union Leave and President's Leave within
thirty (30) days of receiving the bill from the City. The bill will be sent on
a monthly basis. If the bill is not paid within thirty (30) days, the City
shall deduct such amount from the Union dues collected from the
employees on behalf of the Union. In the event a portion of the bill is
rightfully contested, the City shall only deduct the non-contested portion
from employee's dues. Any issues related to the bill must be brought to
the attention of the Executive Director of Personnel Services within fifteen
(15) days of its receipt and must be resolved within fifteen (15) remaining
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days so that the bills are paid in a timely manner as stated (within thirty
(30) days of its receipt).
8. The Union shall provide an insurance policy or policies, or certificate of
such insurance, naming the City of Santa Ana, its officers and employees
as insured or additional insured which provides coverage against liability
for any and all claims and/or suits for damages or injuries to persons or
property resulting from or arising out of any act or omission of said Union
representative. Said policy or policies of insurance shall provide coverage
for both bodily injury and property damage not less than the following
minimum amounts: One million dollars ($1,000,000) combined single
limit or its equivalent. Said policy or policies shall also contain a
provision that no termination, cancellation or change of coverage of
insured or additional insured shall be effective until thirty (30) days notice
thereof has been given in writing to the City of Santa Ana.
9. The Union shall provide the City of Santa Ana with an insurance carrier
certifying that it carries primary workers' compensation insurance on
behalf of said Union representative and the policy shall not be canceled
nor coverage reduced except upon ten (10) working days prior notice to
the City of Santa Ana.
10. The Union shall indemnify and save harmless the City of Santa Ana, its
officers and employees from and against any and all damage to property or
injuries to or death of any person or persons, including property and
employees or agents to the City of Santa Ana. The Union shall defend,
indemnify, and save harmless the City of Santa Ana, its officers and
employees from any kind and all claims to demands, suits, actions or
proceedings of any kind or nature, including, but not by way of
limitations, workers' compensation claims, resulting from or arising out of
the negligent acts, errors, or omissions, arising out of the intentional or
malicious acts of the Union's representatives.
11. The Union and the City of Santa Ana agree that the Union President will
not be required to carry out any City duties during the time the Union
President is on President's leave twenty (20) hours per week. The Union
President will be required to comply with the rules and regulations of the
City of Santa Ana as they apply to off-duty employees, except such Union
President will not be required to report for any purpose during the four (4)
hours per day or twenty (20) hours per week of Union President's leave
time.
12. Upon return to duty from President's Leave of four (4) hours per day, the
Union President shall be restored to the same position without loss of any
benefits as he or she would have occupied or accrued if there had been no
disruption in duty status. For the purpose of providing payment for Union
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President's Leave time and for Union Business Leave time the City and
the Union agree to the creation of the following compensation time bank:
a. Any member of the Union who has a compensatory time balance,
vacation time or accrued in lieu holiday balance of at least two (2)
hours or more can voluntarily designate, in writing, that he or she
will contribute the value of such time to a bank to be used to pay
for President's Leave time and/or Union Business Leave time. In
addition, floating holiday pay may also be contributed, but only in
increments of eight (8) hours. Such bank shall be for the purposes
and subject to the restrictions provided herein.
b. The employees' vacation leave, compensatory time and/or accrued
or unused holiday pay balance will then be reduced by the amount
of hours transferred to the bank.
C. Vacation leave time, compensatory time and/or accrued floating or
in lieu holiday time, together with the cost of benefits shall be
converted to its dollar value at the rate of pay of the employee
from whom the leave was received. Those dollars (with benefit
cost) shall be placed in the Union Business Leave Bank. When the
Union Business Leave Bank is used in accordance with President's
Leave and Union Business Leave, dollars will be withdrawn from
such Union Business Leave Bank, equal to the hourly rate (with
benefit cost) of the employee utilizing the leave multiplied by the
number of hours of leave taken. Withdrawal requests from the
bank will be for the purpose of conducting Union business, which
may include grievance investigation, executive meetings, board of
director meetings, training and conventions sponsored by the
Union, attendance at grievances and Personnel Board hearings as
witness for the Union, President's Leave and other Union purposes
as may be determined by the President of the Union. Request for
withdrawal from the Bank shall be made only by the President or
designee to the Executive Director of Personnel Services on forms
mutually agreed to by the parties and furnished by the City. The
Union President's Leave or Union Business Leave slip shall be
presented to the Executive Director of Personnel Services by the
Union for withdrawal from the bank. All vacation leave,
compensatory time and accrued floating or in lieu holidays
transferred to the bank are final transfers and shall not be
recoverable for re-credit to any individual employee's vacation
leave account, compensatory time account, or accrued holiday time
account.
Release of employees for Union Business Leave shall be on the
same basis as employees are released from duty for vacation leave,
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except that such requests for leave shall not unreasonably interfere
with the operation of the City department and shall be approved by
the employee's Department Head. The employee taking Union
Business Leave shall not unreasonably interfere with the operation
of the City department and shall be approved by the employee's
Department Head. The Department Head shall not unreasonably
withhold permission to utilize President's Leave time and/or Union
Business Leave from any employee who has been duly authorized
by the Union to take such leave.
No withdrawal from or use of such bank may be made by or on
behalf of an employee ordered to take time off without pay for
disciplinary reasons. No withdrawal or use of such bank may be
made by or on behalf of any employee to be used for purposes that
are unlawful under the laws of the United States, State of
California or the ordinances of the City of Santa Ana.
The Union President shall have up to twenty (20) hours per week
or one thousand forty (1,040) hours per year of time off to conduct
Union business which shall be paid by the City, but reimbursed to
the City by the Union from either the above described bank or
directly from the Union treasury. In any event, the Union agrees to
reimburse the City for all costs not otherwise reimbursed from the
bank providing the Union President with President's leave of
absence.
Time spent by the Union President on President's Leave time shall
not be considered time worked for the computation of overtime
according to the Fair Labor Standards Act.
18.2 Worksite Access.
A. Officers, worksite leaders/stewards and/or paid Union 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 Union
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, the Union and the City will agree on an alternate
meeting/conference facility for the purpose of providing a place for the Union to
hold a meeting before or after work or during lunch periods. If the City facility
provided the Union as an alternate meeting site during non-working hours is a
public meeting room, its scheduling and use shall be governed in accordance with
regulations pertaining to the use of public meeting rooms at City facilities.
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C. Solicitations of membership and all activities concerned with the internal
management of the Union, such as collecting dues, holding membership meetings,
preparation of petitions, preparation of proposals, 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 the Union,
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.
18.3 Release Time for Employee Representatives.
A. In the event that the Union 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 the Union 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.
18.4 Use of Bulletin Boards. Space shall be made available to the Union on the City's
existing employee bulletin boards for the purpose of posting notices pertaining to Union
business, subject to the following conditions:
A. Material posted by the Union 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 the Union and bear the signature of the authorized
representative(s) of the Union responsible for their issuance.
D. The City reserves the right to determine what reasonable portion of employee
bulletin boards are to be allocated to Union materials.
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E. If the Union does not abide by these provisions, it will forfeit its right to have
materials posted on the City's employee bulletin boards.
F. The Union shall not be permitted to post any material that is prohibited by State
law or the City Charter.
18.5 Use of City Facilities. The City shall allow the Union 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, the Union 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 XIX
19.0 DUES DEDUCTION & INDEMNIFICATION
19.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all
employees recognized to be represented by the Union, who voluntarily authorize such
deduction, in writing, on a form to be provided for this purpose by the City. The City
shall remit such funds to the Union within thirty (30) calendar days following their
deduction.
19.2 Agency Shop.
A. All employees represented by the Santa Ana City Employees,
Chapter 193 9/Service Employees International Union Local 721, shall, as a
condition of continuing employment become and remain members of the Union
or shall pay to the Union a service fee in lieu thereof. Such service fee shall be
one dollar ($1) per pay period less than Union dues if legally authorized.
B. Any employee hired by the City subject to this Memorandum of Understanding
shall be provided, through the Personnel Services Department, with an
authorization form for the deduction of Union dues. Said employee shall have
thirty (30) working days following the initial date of employment to fully execute
the authorization form of his or her choice and return said form to the
Agency/Department payroll section.
The effective date of Union dues, service deductions or charitable contribution for
such employees shall be the beginning of the first pay period of employment.
C. Any employee of the City subject to this Memorandum of Understanding who
wishes to execute a written declaration claiming a religious exemption from
paying Union dues, and who is a member of a bona fide religion, body or sect
which has historically held conscientious objections to joining or financially
supporting a public employee organization and which is recognized as such by the
Public Employer Relations Board, shall, upon presentation of verification of
active membership in such religion, body or sect be permitted to make a
charitable contribution equal to the service fee in lieu of Union membership or
service fee payment. Declarations or applications for religious exemption and any
supporting documentation shall be forwarded to the Union within fifteen (15)
calendar days of receipt by the City. The Union shall have fifteen (15) calendar
days after receipt of a request for religious exemption to challenge any exemption
granted by the City Manager or his or her designee. If challenged, the deduction
to the charity of the employee's choice shall commence but shall be held in
escrow pending resolution of the challenge. Charitable contributions shall be by
regular payroll deduction only. For purposes of this section, charitable deduction
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means a contribution to one of three non-profit organizations, with the United
Way being one of them.
The Santa Ana City Employees, Chapter 1939/Service Employees International
Union Local 721 shall indemnify and hold the City, its officers and employees,
harmless from any and all claims, demands, suits, or any other action arising from
the Agency Shop provisions herein. In no event shall the City be required to pay
from its own funds, Union dues, service fee or charitable contributions, which the
employee was obligated to pay, but failed to pay, regardless of the reasons.
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ARTICLE XX
20.0 CITY RIGHTS
20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of
management which have not been expressly abridged by specific provision of this
Agreement or by law to manage the City, as such rights existed prior to the execution of
this Agreement. The sole and exclusive rights of Management, as they are not abridged
by this Agreement or by law, shall include but not be limited to the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or 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.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions,
including but not limited to the right to contract for or subcontract any work or
operation of the City.
L To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and
assignments.
J. To relieve employees from duties for lack of work or similar non-disciplinary
reason, subject to the provisions of the City Charter, Municipal Code, Federal and
State law and this Agreement.
K. To establish and modify productivity and performance programs and standards.
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L. To discharge, suspend, demote, or otherwise discipline employees for proper
cause in accordance with the provisions set forth in the City Charter and Santa
Ana Municipal Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Agreement.
0. To determine policies, procedures, and standards for selection, training and
promotion of employees.
P. To establish employee performance standards including but not limited to quality
and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
20.2 Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the contemplated exercise of
Management's rights shall impact on a significant number of employees of the bargaining
unit, the City agrees to meet and confer in good faith with representatives of the Union
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 Agreement.
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ARTICLE XXI
21.0 STRIKES & WORK STOPPAGES
21.1 Prohibited Conduct.
A. The Union, its officers, agents, representatives, and/or members agree that during
the term of this Agreement, they will not cause or condone any unlawful strike,
walkout, slowdown, sick-out, or any other unlawful job action by withholding or
refusing to perform services.
B. Any employee who participates in any conduct prohibited in Subsection A above
shall be subject to suspension, demotion or dismissal by the appointing authority
without right of appeal to the Personnel Board in accordance with City Charter
Section 1014.
21.2 Union Responsibility. In the event that the Union, its officers, agents, representatives, or
members engage in any of the conduct prohibited in Section 1, Subsection A above of
this Article, the Union shall immediately instruct any persons engaging in such conduct
that their conduct is in violation of this Agreement and unlawful, and they must
immediately cease engaging in the conduct prohibited in said Section 1, Subsection A
above, and return to work.
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ARTICLE XXII
22.0 LAYOFFS
22.1 If it is decided to contract out work currently being performed by employees of this
bargaining unit and it is projected that no employee covered by this Agreement is to be
laid off, receive a reduction in hours worked, or receive a loss in pay due to said
contracting out, the City shall provide the Union reasonable notice of the decision to
contract out, will meet with the Union upon the Union's request over the impact of the
decision to contract out and will consider reasonable alternatives provided by the Union.
22.2 If the City determines to contemporaneously replace employees covered by this
Agreement with contract workers to perform the same work under similar circumstances,
it will expeditiously notify the Union of its intentions. Upon request by the Union the
City will schedule meetings with the Union leadership to discuss this objective and give
the Union the opportunity to present information before any final decision. The City and
Union leadership agree to commence meeting when practicable for a period not to exceed
forty-five 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 will be
resolved according to the City's Employer-Employee Relations Resolution (Resolution
No. 81-75).
22.3 Notwithstanding Section 22.1 and /or Section 22.2 hereof, if any bargaining unit 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.
22.4 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 Agreement. However,
circumstances arising during this Agreement may require such separation(s). In that
event, the City will provide reasonable notice to the Union of the details of the
separation(s) in order to meet and exchange information, opinions and proposals
regarding the consequence(s) of the separation(s) on the employee(s). This provision in
not intended to be a waiver of any other rights the parties may have under this
Agreement.
22.5 The principles of seniority (length of service) shall govern layoffs as described herein,
except in the event that more than one 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 XXII 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
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layoff of an 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 he or she has served, providing that classification is within the same job
family/career ladder. In that event, the employee's length of service in the next
lower classification will be added to his or her length of service in the affected
classification, and said 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 list shall be valid for one year from the date of its
establishment. Reemployment shall be in reverse order of layoffs. The Joint
Labor Management Committee will determine Job Family/Career Ladder.
22.6 A bargaining unit 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 said 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 will be terminated upon the establishment of a new eligible
list for the classification or one year following the initial day of such temporary
appointment, whichever occurs first.
22.7 Effective upon Council approval of this agreement, the City agrees that there shall be no
layoffs of members of this bargaining unit through December 31, 2011.
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ARTICLE XXIII
23.0 MISCELLANEOUS PROVISIONS
23.1 The City agrees to provide a list each month to the Union with names and classification
titles of bargaining unit employees who have separated from full-time City service and
the names and classification titles of bargaining unit employees who have been hired.
The Union agrees to pay the City's cost of producing said list(s). After ratification of this
Agreement by the City Council, a complete list of bargaining unit employees and their
addresses will be provided to the Union once every fiscal year.
23.2 The City agrees to distribute Union membership pamphlets to bargaining unit employees
at the new employee orientation sessions conducted by the City.
23.3 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of
absence without pay by the City Manager because of a catastrophic, non-industrial
medical condition or injury, the City and Union agree to implement a Catastrophic Leave
Donation Program.
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 Agreement 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 the L.T.D. benefits.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
1. Employees may donate vacation or compensatory time or one in lieu
holiday to the eligible employee. In no event shall sick leave be donated.
2. Employees shall be provided a two-week period to submit donations.
Donations received after this two-week period shall not be processed. The
two-week period for each case shall be designated by the Department
Head or his or her 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 C, Subparagraph 2 below, will not be
processed.
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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 Article X, Sections
10.1 A through 10.1 K.
7. Donations shall be limited to employees of this bargaining unit or any
other unrepresented unit.
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 his or her designee, has approved a
written request for donations accompanied by a medical statement from
the employee's attending physician. The attending physician's statement
must verify the employee's need for an extended medical leave and an
estimate of the time the employee will be unable to work.
C. Procedure.
1. Upon receipt of a valid request for donations from an eligible employee,
the Department Head or his or her designee shall post a notice of the
eligible employee's need for donations on bulletin boards accessible to
employees. No confidential medical information shall be included in the
posted notice.
2. Employees wishing to donate time to an eligible employee must sign his
or her authorization of the transfer of such donated time and provide:
• His or her name, department name, and employee number.
• The number of hours of compensatory or vacation time of the donation
within the limitations of Section A, subparagraph 3 above;
• The name, department and employee number of the recipient;
• A statement indicating that the donor understands such donation of
time is irrevocable.
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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 A, herein.
5. The City shall add the donated time to the recipient's sick leave account.
23.4 Joint Labor Management Teams. The City and the Union 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 Employee Relations Manager. In no case shall the activity of a team
create a delay or hindrance to the ongoing operation of the City. The City and the Union
shall hold an initial meeting no sooner than one (1) month from the date of ratification of
this Agreement and upon the Union's written request to meet to determine team
composition, frequency of meetings and meeting schedules.
A. The teams to be formed are:
1. Job Classification Studies (for purposes of identifying positions in which
the duties and responsibilities have increased in complexity as a result of
City restructuring/job consolidation occurring during the term of the
expiring 2004-2010 MOU or during the term of the current 2010-2013
MOU to determine if positions or job families would be appropriate for
job classification studies where previously existing positions have been
eliminated and/or removed from the list of budgeted positions and higher-
level job duties reassigned to or absorbed by other classified positions).
For purposes of this section, classification reviews will be conducted
pursuant to Article IV, Section 4.13 (A-E).
2. Web Page Hosting (for purposes of developing a City hosted web page
presenting explanatory information regarding employee compensation,
including illustrated explanation of employee payroll statements to assist
mortgage servicers and other similar persons engaged in qualifying
employees for loan modifications through either lender or governmental
loan modification programs).
B. Previously authorized teams to be reconvened as needed:
1. Career Ladder/Job Family (for the purpose of developing career ladder/job
family series to be used in promotions or in the event of layoffs).
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23.5 Performance Appraisals. Non-probationary performance appraisals not completed within
six (6) months of the due date shall be stayed and the employee shall next become subject
to evaluation upon the end of the evaluation period next following. Provided that merit
advance performance appraisals shall be completed in accordance with Article IV,
Section 4.8.
23.6 Reopener. If due to budget overruns or revenue shortfalls the City anticipates that it will
be operating under a budget deficit in the fiscal year 2011-2012 or 2012-13, the union
agrees that upon the request of the City made after March 1, 2011, the union will reopen
this Agreement for negotiation on the subjects of modifying employee furloughs and
employee Ca1PERS contributions.
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ARTICLE XXIV
24.0 SOLE & ENTIRE AGREEMENT
24.1 It is understood and agreed that the parties to this Memorandum of Understanding 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 (481-75). It is the intent of the parties hereto that the provisions of this
Agreement shall supersede all prior agreements and memoranda of agreement, or
memoranda of understanding, or contrary salary and/or personnel rules and regulations or
administrative codes, provisions of the City, oral 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 Agreement is not intended to conflict
with Federal or State law or the City Charter.
The City will continue to provide employees covered by this Agreement a reduced size
copy of this Agreement and its attachments and including a section containing the
Employer-Employee Relations Resolution of the City of Santa Ana.
24.2 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 Agreement.
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 the Union; provided, further, however, no provision of the
rules and regulations shall be changed to contravene specific provisions of this
Agreement.
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ARTICLE XXV
25.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
25.1 During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours and terms and conditions of
employment, whether or not covered by the Agreement or in the negotiations leading
thereto, and irrespective of whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the negotiations leading to this
Agreement. Regardless of the waiver contained in this Article, the parties may, however,
by mutual agreement, in writing, agree to meet and confer about any matter during the
term of this Agreement.
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ARTICLE XXVI
26.0 EMERGENCY WAIVER PROVISION
26.1 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 Agreement 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 Agreement will
be reinstated immediately. The Union shall have the right to meet and confer with the
City regarding the impact on employees of the suspension of the provisions in the
Agreement during the course of the emergency.
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ARTICLE XXVII
27.0 SEPARABILITY PROVISION
27.1 Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this Agreement shall remain in full
force and effect for the duration of this Agreement, provided that if any such affected
provisions invalidate or void any benefits of employees covered hereunder, the parties
shall forthwith commence negotiations to replace the invalidated benefits with benefits of
comparable value.
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ARTICLE XXVIII
28.0 TERM OF AGREEMENT
28.1 The term of this Agreement shall be from July 1, 2010 through June 30, 2013.
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ARTICLE XXIX
29.0 RATIFICATION & EXECUTION
29.1 The City and the Union have reached an understanding as to certain recommendations to
be made to the City Council for the City of Santa Ana and have agreed that the parties
hereto will jointly urge said Council to adopt a new wage and salary resolution which
will provide for the changes contained in said joint recommendations. The City and the
Union acknowledge that this Agreement shall not be in full force and effect until ratified
by the membership of the Union and adopted by the City Council of the City of Santa
Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized
representatives of the City and the Union and entered into this 20 day of October 2010.
CITY OF SANTA ANA, a Municipal
Corporation of the State of California
Dated: By:
Mayor
Dated: By:
City Manager
Dated: By:
Executive Director of Personnel Services
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
Assistant City Attorney
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This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter
1939/Service Employees International Union Local 721.
Dated:
SEIU.-
Robert Hunt
Legal Counsel
Robert Penny
General Manager
By:
Joaquin Avalos, President David J. Rodriguez
Gloria Alvarado Gregory Ware
Sergio Verino Cecilia Flores
Zulma Zepeda Jessica Moreno
Paula Wood William Apple
Willard Holt Carol Bowers
Nasser Rizk Vivian Jaramillo
Angelo Giron
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SEN BASIC SALARY & WAGE SCHEDULE EXHIBIT A
Page 1 of 2
The City's Basic Salary and Wage Schedule provides for a number of ranges of pay rates (salary rate ranges) each
comprised of six pay steps or rates for SEN employees. The salary rate ranges are identified by a three digit
number and steps by letters AAA, A to E inclusive. For SEW employees, the purpose of each step and the length of
service required for advancement within the rate range are sunnnarized as follows:
Purpose:
AAA Step - Normal Beginning rate.
AA Step - Automatic increase. Also optional hiring rate.
A Step - Automatic Increase. Also optional hiring rate.
B Step - Automatic Increase. Also optional hiring rate.
C Step - Automatic Increase. May also be maximum hiring rate for certain classifications.
D Step - Automatic Increase, and is maximum hiring rate.
E Step - Merit Rate.
Required Length of Service:
AAA to AA - After 6 months' completed service
AA to A - After one year's completed service.
A to B - After one year's completed service.
B to C - After one year's completed service.
C to D - After one year's completed service.
D to E - After 18 months' completed service.
In the following salary schedule matrix, each salary range is identified by a three digit number. The first two digits
are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies
the appropriate column. This three digit range number locates the "AAA" step of the range, which is the first of the
7 steps. Steps "AA," "A," "B," "C," "D," and "E" are found in the column directly below the "AAA" step. For
example, the "AAA" step of Range No. 401 is found to be $1476 by moving down the left column to the number 40
(the first two digits of the Range No.), then horizontally to column 1 (the third digit of the Range No.). The "AAA"
step of $1476 has the remaining steps shown directly beneath it; thus the full, six step range is 1476-1549-1627-
1708-1793-1883-1977. In the same manner, Range No. 455 is found to be 1921-2017-2118-2223-2334-2451-2574.
SALARY SCHEDULE MATRIX
0 1 2 3 4 5 6 7 8 9
38 1332 1338 1345 1352 1358 1365 1372 1379 1386 1393
39 1399 1405 1413 1420 1427 1434 1441 1448 1455 1463
40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536
41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612
42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693
43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778
44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866
45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960
46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058
47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160
48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268
49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381
50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500
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51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626
52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758
53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896
54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040
55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192
56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352
57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519
58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695
59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880
60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074
61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278
62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493
63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718
64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954
65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201
66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461
67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734
68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021
69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322
70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638
71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971
72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319
73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685
74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069
75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473
76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897
77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342
78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819
79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309
80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825
81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366
82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934
83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532
84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158
85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816
86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507
87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232
88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994
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EXHIBIT B
SANTA ANA CITY EMPLOYEES CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
FOR FISCAL YEARS JULY 1, 2010 THROUGH JUNE 30, 2013
Assigned 7-Step Salary
Rate Range Numbers
Effective:
7/01/2010
JOB TITLE RANGE NO.
ACCOUNTANTI 632
ACCOUNTANT II 660
ACCOUNTING ASSISTANT 581
ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 581
ACCOUNTS PAYABLE SUPERVISOR 635
ARTS ADMINISTRATOR 633
ASSISTANT BUYER 596
ASSISTANT ENGINEER I 700
ASSISTANT ENGINEER II 714
ASSISTANT FLEET EQUIPMENT TECHNICIAN 576
ASSISTANT INSTRUMENT TECHNICIAN 607
ASSISTANT LIBRARIAN 590
ASSISTANT PARKS/LANDSCAPE PLANNER 641
ASSISTANT PLAN CHECK ENGINEER I 700
ASSISTANT PLAN CHECK ENGINEER II 714
ASSISTANT PLANNER I 641
ASSISTANT PLANNER II 661
ASSISTANT TRAFFIC OPERATIONS ENGINEER 714
ASSOCIATE PARK AND LANDSCAPE PLANNER 691
ASSOCIATE PLAN CHECK ENGINEER 729
ASSOCIATE PLANNER 691
BIBLIOGRAPHIC TECHNICIAN 580
BOOKMOBILE OPERATOR 559
BUILDING INSPECTOR 641
BUILDING MAINTENANCE AIDE 559
BUILDING MAINTENANCE SUPERVISOR 651
BUILDING MAINTENANCE TECHNICIAN 599
BUILDING TECHNICIAN 593
BUSINESS TAX COLLECTOR/INSPECTOR 605
BUYER 645
BUYER/SYSTEMS TECHNICIAN 645
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CENTRAL SERVICES SUPERVISOR 605
COMBINATION BUILDING INSPECTOR 641
COMMUNITY CENTER COORDINATOR 641
COMMUNITY CENTER REPRESENTATIVE 600
COMMUNITY DEVELOPMENT ANALYST 656
COMMUNITY DEVELOPMENT DISTRICT MANAGER 711
COMMUNITY DEVELOPMENT RESOURCE COORD 691
COMMUNITY DEVELOPMENT TECHNICIAN 610
COMMUNITY EVENTS COORDINATOR 600
COMMUNITY EVENTS SUPERVISOR 666
COMMUNITY PRESERVATION INSPECTOR 641
COMMUNITY PRESERVATION TECHNICIAN 593
COMMUNITY SERVICES SUPERVISOR 681
COMPUTER OPERATIONS COORDINATOR 696
COMPUTER OPERATOR 605
COMPUTER PROGRAMMER 648
COMPUTER SYSTEMS ANALYST/PROGRAMMER 668
CONSTRUCTION INSPECTOR I 641
CONSTRUCTION INSPECTOR II 651
CONTRACTS ADMINISTRATOR 641
CORRECTIONAL RECORDS SPECIALIST 542
CORRECTIONAL RECORDS SUPERVISOR 614
CUSTODIAL AIDE/PORTER 504
CUSTODIAN 534
CUSTODIAN SUPERVISOR 586
CUSTOMER SERVICE REPRESENTATIVE 589
DATA ENTRY OFFICE ASST 559
DATA ENTRY OPERATOR 550
DATA ENTRY SPECIALIST 559
DEPUTY CLERK OF THE COUNCIL 600
ECONOMIC DEVELOPMENT AIDE 610
ECONOMIC DEVELOPMENT SPECIALIST I 661
ECONOMIC DEVELOPMENT SPECIALIST 11 691
ECONOMIC DEVELOPMENT SPECIALIST III 721
ELECTRICAL INSPECTOR 641
EMPLOYMENT SERVICES FISCAL SPECIALIST 632
ENGINEERING DRAFTING TECHNICIAN I 610
ENGINEERING DRAFTING TECHNICIAN II 641
ENVIRONMENTAL COORDINATOR 691
EQUIPMENT OPERATOR 600
EQUIPMENT OPERATOR - MOTOR SWEEPER (T) 600
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EQUIPMENT OPERATOR - STREET (T) 600
EQUIPMENT OPERATOR - TRAFFIC PAINT 600
EQUIPMENT OPERATOR - WATER MAINTENANCE 600
EQUIPMENT OPERATOR - WATER SERVICES 605
EXECUTIVE SECRETARY 598
FACILITIES SUPERVISOR 651
FINANCE EXECUTIVE SECRETARY 598
FLEET EQUIPMENT SUPERVISOR 665
FLEET EQUIPMENT TECHNICIAN I 606
FLEET EQUIPMENT TECHNICIAN II 626
FLEET EQUIPMENT TECHNICIAN III 641
FLEET PARTS SPECIALIST 616
GENERAL MAINTENANCE AIDE 559
GENERAL MAINTENANCE LEADER 620
GENERAL MAINTENANCE SUPERVISOR 651
GENERAL MAINTENANCE WORKER 599
GIS ADMINISTRATOR 686
GRAPHICS DESIGNER I 602
GRAPHICS DESIGNER II 622
GRAPHICS SUPERVISOR 661
HOUSING AUTHORITY AIDE 532
HOUSING AUTHORITY ANALYST 658
HOUSING AUTHORITY COORDINATOR 721
HOUSING AUTHORITY INTAKE SPECIALIST 547
HOUSING AUTHORITY OPERATIONS SUPV. 679
HOUSING PROGRAMS AIDE 570
HOUSING PROGRAMS ANALYST 679
HOUSING PROGRAMS COORDINATOR 721
HOUSING SPECIALIST I 580
HOUSING SPECIALIST II 604
INFORMATION SERVICES REPRESENTATIVE 594
INSTRUMENT TECHNICIAN 621
INTAKE SPECIALIST 547
KENNEL ATTENDANT 491
LANDSCAPE DEVELOPMENT ASSOCIATE 691
LEAD ACCOUNTING ASSISTANT 615
LEAD CORRECTIONAL RECORDS SPECIALIST 584
LEAD POLICE RECORDS SPECIALIST 594
LEARNING CENTER TECHNICIAN 570
LIBRARIAN 630
LOAN SPECIALIST 631
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MAIL CLERK/MESSENGER 513
MAINTENANCE ASSISTANT 534
MAINTENANCE WORKER I 554
MAINTENANCE WORKER II 574
METER READER COLLECTOR 580
MICRO SYSTEMS PROGRAMMER 676
MICRO SYSTEMS TECHNICIAN 610
NETWORK ENGINEER 716
NETWORK SPECIALIST/WAN SYSTEMS ADMINISTRATOR 676
OFFICE ASSISTANT 532
OFFICE SPECIALIST 507
OFFICE SUPERVISOR 601
PARK MAINTENANCE AIDE 432
PARK MAINTENANCE INSPECTOR I 559
PARK MAINTENANCE INSPECTOR II 603
PARK MAINTENANCE LEADER 603
PARK MAINTENANCE SUPERVISOR 651
PARK MAINTENANCE WORKER 559
PARK NATURALIST 559
PARK RANGER 620
PARKING METER OPERATIONS SUPERVISOR 613
PARKING METER TECHNICIAN I 563
PARKING METER TECHNICIAN II 593
PARKS & REC AIDE 487
PARKS & REC ASSOCIATE 580
PARKS & REC SERVICES ASSISTANT 532
PARKS & REC SPECIALIST 507
PARKS & REC TECHNICIAN 570
PERIODICALS TECHNICIAN 570
PERMIT PROCESSOR 579
PERMIT SUPERVISOR 661
PERMIT TECHNICIAN 631
PLAN EXAMINER (T) 660
PLANNING ASSISTANT 621
PLANNING COMMISSION SECRETARY 598
PLUMBING INSPECTOR 641
POLICE FISCAL OFFICER 679
POLICE FISCAL SERVICES SUPERVISOR 648
POLICE RECORDS SPECIALIST 552
POLICE RECORDS SUPERVISOR 619
POLICE SUPPLY SPECIALIST 580
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POLICE SYSTEMS SUPPORT ANALYST 696
PRINCIPAL LIBRARIAN 650
PRINCIPAL PROGRAMMER ANALYST 716
PROGRAMMER ANALYST 676
PROJECTS MANAGER 701
PROPERTY CONTROL SPECIALIST 580
PROPERTY REHABILITATION ASSISTANT 580
PUBLIC WORKS CREW LEADER 620
PUBLIC WORKS DISPATCHER 564
PUBLIC WORKS PROJECTS SPECIALIST 661
PURCHASING ASSISTANT 570
PURCHASING SPECIALIST 581
PURCHASING SUPERVISOR 690
RECEPTIONIST 547
RECORDS SPECIALIST 575
RECREATION CENTER DIRECTOR 580
RECREATION LEADER 520
RECREATION PROGRAM COORDINATOR 600
RECREATION SUPERVISOR 651
REDEVELOPMENT ASSISTANT 641
REDEVELOPMENT PROJECT MANAGER I 661
REDEVELOPMENT PROJECT MANAGER II 701
REDEVELOPMENT PROJECT MANAGER III 721
REPROGRAPHIC EQUIPMENT OPERATOR 539
RESIDENTIAL CONSTRUCTION SPECIALIST 641
REVENUE AND CONTRACT COMPLIANCE AUDITOR 660
REVENUE PROCESSING ASSISTANT 550
REVENUE SUPERVISOR 635
SANITATION INSPECTOR I 590
SANITATION INSPECTOR II 631
SECRETARY 577
SECURITY ELECTRONICS TECHNICIAN 654
SENIOR ACCOUNTANT 679
SENIOR ACCOUNTING ASSISTANT 596
SENIOR ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 596
SENIOR ASSISTANT ENGINEER 729
SENIOR BUILDING INSPECTOR 661
SENIOR CIVIL ENGINEER 752
SENIOR COMBINATION BUILDING INSPECTOR 661
SENIOR COMMUNITY DEVELOPMENT ANALYST 685
SENIOR COMMUNITY PRESERVATION INSPECTOR 661
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SENIOR CORRECTIONAL RECORDS SPECIALIST 569
SENIOR DEPUTY CLERK OF THE COUNCIL 630
SENIOR ELECTRICAL INSPECTOR 661
SENIOR ELECTRICAL SYSTEMS SPECIALIST 661
SENIOR ENGINEER 752
SENIOR FLEET EQUIPMENT SUPERVISOR 685
SENIOR GRADING SPECIALIST 661
SENIOR HOUSING SPECIALIST 642
SENIOR LAND SURVEYOR 762
SENIOR LIBRARIAN 635
SENIOR OFFICE ASSISTANT 559
SENIOR OFFICE SPECIALIST 532
SENIOR PARK MAINTENANCE SUPERVISOR 681
SENIOR PARKS & REC SERVICES ASSISTANT 559
SENIOR PARKS & REC TECHNICIAN (T) 590
SENIOR PLAN CHECK ENGINEER 752
SENIOR PLANNER 711
SENIOR PLUMBING INSPECTOR 661
SENIOR PLUMBING/MECHANICAL SYSTEMS SPEC. 661
SENIOR POLICE RECORDS SPECIALIST 579
SENIOR PROGRAMMER ANALYST 696
SENIOR RECEPTIONIST 577
SENIOR RECREATION CENTER DIRECTOR 585
SENIOR RECREATION SUPERVISOR 681
SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 661
SENIOR SYSTEMS ADMINISTRATOR 668
SENIOR TRAFFIC ENGINEER 752
SENIOR TRANSPORTATION ANALYST 752
SENIOR WATER MAINTENANCE SUPERVISOR 681
SENIOR WATER SYSTEMS OPERATOR 641
STOCK CLERK 575
STOREKEEPER 610
STREET LIGHTING MAINTENANCE WORKER 610
STREET MAINTENANCE SUPERVISOR 651
STREET PAINTER 594
SUPERVISING ACCOUNTANT 701
SUPERVISING BUYER 675
SUPERVISING LIBRARIAN 663
SUPERVISING PARK RANGER 645
SUPERVISING PARKS & REC SERVICES ASSISTANT 564
SURVEY PARTY CHIEF 674
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SURVEY PARTY TECHNICIAN I 610
SURVEY PARTY TECHNICIAN II 641
SYSTEMS ADMINISTRATOR 636
SYSTEMS SUPPORT ANALYST 696
SYSTEMS TECHNICIAN 576
TELECOMMUNICATIONS COORDINATOR 678
TELECOMMUNICATIONS CUSTOMER SERVICE REP. 589
TENANT SERVICES TECHNICIAN 577
TRAFFIC TECHNICIAN 664
TREASURY SERVICES SUPERVISOR 635
TREE MAINTENANCE SUPERVISOR 651
TREE TRIMMER 594
UTILITIES BILLING/SYSTEMS TECHNICIAN 589
UTILITY INSPECTOR 631
VIDEO TECHNICIAN 632
VISITOR SERVICES COORDINATOR 526
VOLUNTEER SERVICES COORDINATOR 620
WATER MAINTENANCE CREW LEADER 620
WATER MAINTENANCE SUPERVISOR 651
WATER MAINTENANCE WORKER II 574
WATER METER REPAIRER I 579
WATER METER REPAIRER II 599
WATER QUALITY COORDINATOR 671
WATER QUALITY INSPECTOR 631
WATER QUALITY SUPERVISOR 651
WATER SERVICES CREW LEADER 625
WATER SERVICES METER REPAIRER I 584
WATER SERVICES METER REPAIRER II 604
WATER SERVICES QUALITY COORDINATOR 676
WATER SERVICES QUALITY INSPECTOR 636
WATER SERVICES QUALITY SUPERVISOR 656
WATER SERVICES SUPERVISOR 656
WATER SERVICES UTILITY INSPECTOR 636
WATER SERVICES WORKER I 559
WATER SERVICES WORKER II 579
WATER SYSTEMS OPERATOR I 587
WATER SYSTEMS OPERATOR II 607
WATER SYSTEMS OPERATOR 111 621
WEB SYSTEMS TECHNICIAN 576
WEBSITE ENTRY SPECIALIST 550
WORK CENTER COORDINATOR 721
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WORKFORCE SPECIALIST I 576
WORKFORCE SPECIALIST II 601
WORKFORCE SPECIALIST III 621
WORKFORCE SPECIALIST IV 676
YOUTH SERVICES TECHNICIAN 570
ZOO ANIMAL REGISTRAR 581
ZOO CURATOR 630
ZOO CURATOR OF EDUCATION 630
ZOO EDUCATION SPECIALIST 581
ZOO KEEPER AIDE 491
ZOO KEEPER I 551
ZOO KEEPER II 581
ZOO MAINTENANCE SUPERVISOR 630
(T) designates a "terminal" classification. A position classification that has been designated as "terminal" by
formal City Council action will be deleted from the City's Basic Classification and Compensation Plan when
vacated by its last remaining incumbent. No new appointments may be made to a classification that has been so
assigned.
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Exhibit C
RESOLUTION NO. 81-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RELATING TO EMPLOYER-EMPLOYEE RELATIONS
IN THE PUBLIC SERVICE OF THE CITY OF SANTA ANA
WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the City to maintain and
enhance its administration of employer-employee relations and to protect the public by assuring at all times the
orderly and uninterrupted operations and services of City government; and
WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of communication between the
City and its employees, including provisions for (a) recognizing the rights of employees to join organizations of
their own choosing for the purpose of representation on matters affecting employee relations or to represent
themselves individually in dealing with the City; and (b) establishing equitable and uniform rules and procedures to
provide for the orderly and systematic presentation, consideration and resolution of employer-employee relations
matters; and
WHEREAS, the City of Santa Ana has met and conferred in good faith with representatives of the Santa Ana City
Employees' Association; Santa Ana Police Benevolent Association; Santa Ana Firemen's Benevolent Association;
and the American Federation of State, County and Municipal Employees, AFL-CIO, which are the only employee
organizations known to the City to have among their members employees of the City, concerning the rules and
regulations for the administration of employer-employee relations set forth herein; and
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as follows:
Section 1: Title of Resolution
This Resolution shall be known as the "Employer-Employee Relations Resolution of the City of Santa Ana".
Section 2: Definitions
As used in this Resolution, the following terms shall have the meanings indicated:
APPROPRIATE UNIT - means a unit of employee classifications or positions established pursuant to Section 11 of
this Resolution.
CITY - means the City of Santa Ana, a municipal corporation, and where appropriate herein, "City" refers to the
City Council or any duly authorized management employee as herein defined.
DAY - means calendar day unless expressly stated otherwise.
EMPLOYEE - means any person regularly employed by the City on a full time basis except those persons elected by
popular vote.
EMPLOYEE, CONFIDENTIAL - means an employee who is assigned to perform work directly involved in the
development, preparation or presentation of management positions with respect to employer-employee relations.
EMPLOYEE, MANAGEMENT - means any employee having responsibility for formulating, administering or
managing the implementation of City policies or programs, including but not limited to, department and assistant
department heads, division heads, and professional administrative staff employees employed to render advice and
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assistance pertaining to the conduct of legal, fiscal, budgetary, personnel management and employer-employee
relations affairs of the City.
EMPLOYEE, PROFESSIONAL - means a classification of employees engaged in work (a) predominantly
intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; (b)
involving the constant exercise of discretion and judgment in its performance; and (c) requiring knowledge in a field
of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in
an institution of higher learning, as distinguished from a general academic education, or from an apprenticeship or
from training in the performance of routine, mental, manual or physical processes.
EMPLOYEE, SUPERVISORY - means any employee, regardless of job description or title, having authority, in the
interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to assign work to and direct them, or to evaluate or review their grievances, or
effectively to recommend such actions, if in connection with any of the foregoing, the exercise of such responsibility
is not of merely routine or clerical nature, but requires the use of independent judgment.
EMPLOYEE ORGANIZATION - means any lawful organization which includes employees of the City and which
has as one of its primary purposes representing such employees in their employment relations with the City;
provided, however, that said organization has no restrictions on membership based on race, color, creed, sex or
national origin.
EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of employer-
employee relations designated pursuant to Section 3 hereof, or his duly authorized representative.
EMPLOYER-EMPLOYEE RELATIONS - means the relationship between the City and its employees and their
employee organization, or when used in a general sense, the relationship between City management and individual
employees or employee organizations.
GRIEVANCE - means a dispute, claimed by an employee, group of employees or a recognized employee
organization concerning the meaning, application, or enforcement of any of the provisions of the City's Employer-
Employee Relations Policy or of a memorandum of understanding; and for which specific hearing or appeal
procedure is not otherwise provided, or is not specifically withheld, by civil service rule, ordinance, resolution,
charter provision, or memorandum of understanding.
IMPASSE - means that the representatives of the City and a Recognized Employee Organization have reached a
point in their meeting and conferring in good faith where their differences concerning matters on which they are
required to meet and confer, remain so substantial that further meeting and conferring would not be likely to result
in an agreement.
MEDIATION OR CONCILIATION - means the efforts of an impartial third person or persons, functioning as
intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation,
suggestion and advice. Mediation and conciliation are interchangeable terms.
MEET AND CONFER IN GOOD FAITH - (sometimes referred to herein as "meet and confer" or "meeting and
conferring") - means the performance by duly authorized City representatives and duly authorized representatives of
a recognized employee organization of their mutual obligation personally to meet and confer in good faith promptly
upon the request of either party and continue for a reasonable period of time in order to exchange freely information,
opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to
the adoption by the City of its final budget for the ensuing year. This does not require either party to agree to a
proposal or to make a concession.
MEMORANDUM OF UNDERSTANDING - means a written memorandum of the agreement between the City and
a recognized employee organization reached through meeting and conferring.
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PEACE OFFICER - means an employee of the Santa Ana Police Department whose principal duties consist of
active law enforcement and who is designated as a "peace officer" as that term is defined in Section 830, California
Penal Code, except that, for purposes of this Resolution only, "peace officer" does not mean a park patrolman,
security guard or a member of the fire department, whether the latter be serving as a member of an arson
investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the
status of peace officer for purposes other than that of this Resolution.
RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been granted formal
recognition by the Employee Relations Officer as the employee organization which has the right to meet and confer
in good faith as the majority representative of all members of an appropriate representation unit pursuant to Section
11 hereof, except those employees in such unit who have exercised their right not join an employee organization and
who choose to represent themselves individually with the City, or has been designated through a secret ballot
election as the exclusive representative of the employees in an appropriate representation unit pursuant to Section 11
of this Resolution.
SCOPE OF REPRESENTATION - means those matters relating to employment conditions and employer-employee
relations including, but not limited to, wages, hours, and other terms and conditions of employment except,
however, that the scope of representation shall not include consideration of the merits, necessity, or organization of
any service or activity provided by law or executive order.
Section 3: Designation of the City's Employee Relations Officer
The City Council hereby designates the City Manager as the Employee Relations Officer who shall be the City's
principal representative on all matters of employer-employee relations, with authority to meet and confer in good
faith on matters within the scope of representation, and to administer all provisions of this Resolution and the
employee relations rule and procedures adopted pursuant thereto. The Employee Relations Officer is authorized to
delegate his duties and responsibilities.
Section 4: Meet and Confer in Good Faith - Scope
City representatives and representatives of formally recognized employee organizations having exclusive
representation rights, have the mutual obligation personally to meet and confer in good faith in order to exchange
freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of
representation prior to the adoption by the City of its final budget for the ensuring year.
The City shall not be required to meet and confer in good faith on a subject preempted by Federal or State law or by
the City Charter.
Section 5: Notice
The City will give reasonable written notice to each recognized employee organization affected by any ordinance,
rule, resolution, or regulation relating to matters within the scope of representation proposed to be adopted by the
City, and each such organization shall be given the opportunity to meet and confer with the Employee Relations
Officer prior to such adoption.
In cases of emergency when the City determines that an ordinance, rule, resolution, or regulation relating to matters
within the scope of representation must be adopted immediately without prior notice or meeting with recognized
employee organization, the Employee Relations Officer shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
Section 6: Petition for Reco ng ition
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An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization
representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer
containing the following information and documentation:
Name and address of the employee organization.
Names and titles of its officers.
Names and titles of employee organization representatives who are authorized to speak on behalf of the
organization.
A statement that the employee organization has, as one of its primary purposes, representing the employees in their
employment relations with the City.
A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any
manner with, a regional or state, or national or international organization, and, if so, the name and address of each
such regional, state or international organization.
Certified copies of the employee organization's constitution and bylaws, including all amendments thereof.
A designation of those persons, not exceeding three in number, and their addresses, to whom sent by first class or
certified United States mail will be deemed sufficient notice on the employee organization.
A statement that the employee organization is cognizant of the provisions of Section 3509 of the Meyer-Milias-
Brown Act.
A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or
national origin.
A description of the composition of the unit or units claimed to be appropriate, including the job classifications of
employees and the number of member employees therein, as well as a statement of reasons why the unit or units is
or are considered to be appropriate.
A statement that the employee organization has in its possession written proof, dated by the signer within six (6)
months of the date upon which the petition is filed, to establish that a majority of the employees in the unit claimed
to be appropriate have designated the employee organization to represent them in their employment relations with
the City. Such written proof shall be made in such language and form as the Employee Relations Officer shall
prescribe and shall be submitted for confirmation to the Employee Relations Officer to a mutually agreed upon
disinterested third party. Notwithstanding the above, the Employee Relations Officer, in his sole discretion, may
accept employee dues deduction authorization, using the payroll register for the period immediately preceding the
date of filing of a Petition of Recognition, as proof of employee support for the petitioning organization, except that
dues deduction authorizations for more than one employee organization for the account of any one employee shall
not be considered as proof of employee support for any employee organization, unless it can otherwise be shown
that the dues deduction for the petitioning organization is the only one which provides full membership rights and
privileges, including the right to vote.
A request that the Employee Relations Officer recognize the petitioning employee organization as the Recognized
Employee Organization representing the employees in the unit(s) claimed to be appropriate for the purpose of
meeting and conferring in good faith on all matters within the scope of representation.
The Petition, including all accompanying documents, shall be declared to be true, correct and complete, under
penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. The Employee
Relations Officer may require additional information as required by this Resolution to be included in the Petition.
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The Employee Relations Officer shall give prompt written notice of the filing of a Petition to any recognized
employee organization affected thereby.
Section 7: City Response to Recognition Petition
Upon receipt of the Petition, the Employee Relations Officer shall within ten (10) days determine whether:
There has been compliance with the requirements of the Recognition Petition; and
The proposed representation unit is an appropriate unit in accordance with Section 11 of this Resolution.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall
within ten (10) days after making said determination, inform the petitioning employee organization, shall give
written notice of such request for recognition to the employees in the unit and shall take no action on said request for
thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee
Relations Officer shall meet and discuss the matter with such petitioning employee organization, and, if such
determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The
petitioning employee organization may appeal such determination in accordance with Section 13 of this Resolution.
Section 8: Open Period for Filing Challenging Petition (s
Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition
Petition(s) for an appropriate unit has been filed, any other employee organization may file a competing request to
be formally acknowledged as the recognized employee organization of the employees in the same or in an
overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in
the Recognition Petition being challenged), by filing a petition(s) evidencing proof of employee support in the unit
claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in
Section 6 of this Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the
Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the
more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the
Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section
11 of this Resolution. The petitioning employee organizations shall have fifteen (15) days from the date notice of
such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to
conform to such determination or to appeal such determination pursuant to Section 13 of this Resolution.
Section 9: Election Procedure
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the
Employee Relations Officer and the concerned employee organization(s) in accordance with its rules and procedures
subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which
have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of "no
organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons
employed full time in regular, permanent positions within the designated appropriate unit who were employed
during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election
commences, including those who did not work during such period because of illness, vacation or other authorized
leaves of absence, and who are employed by the City in the same unit on the date of election. An employee
organization shall be formally acknowledged as the Recognized Employee Organization for the designated
appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in
the election. If an election involving three or more choices, where none of the choices receives a majority of the
valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid
votes cast (that is, either between two employee organizations, or one employee organization and no representation);
the rules governing an initial election being applicable to a runoff election, except that the runoff election shall be
held within fifteen (15) days following the certification of the initial election results.
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There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 month period
affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the
election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be
borne in equal shares by the City and by each employee organization appearing on the ballot.
In cases where a Memorandum of Understanding between the City and an employee organization is in effect on the
effective date of this Resolution, it shall be presumed for the duration of the Memorandum of Understanding that the
unit set forth in the Memorandum of Understanding is appropriate and that the employee organization is the majority
representative of the employees covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be
presumed that when said Memorandum of Understanding terminates the employee organization shall continue to be
a majority representative of employees covered by said Memorandum of Understanding for the purposes of meeting
and conferring regarding matters within the scope of representation; provided, however, the employee organization
files with the City the information required by Section 6(a), 1 through 13 of this Resolution. Nothing contained
herein shall preclude an employee organization from filing a petition for recognition pursuant to Section 6 or Section
10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981.
Section 10: Procedure for Decertification of Recognize d Employee Organization
A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a
majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only
during the month of January of any year following the first full year of recognition or during the thirty (30) day
period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of
Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification
Petition may be filed by employees or their representative, or an employee organization, and shall contain the
following information and documentation declared by the duly authorized signatory under penalty of perjury to be
true, correct and complete:
The name, address and telephone number of the petitioner and a designated representative authorized to receive
notices of requests for further information.
The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be
decertified as the representative of that unit.
An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the
employees in the appropriate unit, and any other relevant and material facts relating thereto.
Proof of employee support that a majority of the employees in the established appropriate unit no longer desires to
be represented by the incumbent Recognized Employee Organization. Such proof shall be submitted for
confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party.
The Employee Relations Officer can only accept those petitions which 1) request decertification of the current
formally recognized employee organization and 2) do not request to carve out another unit from the already
established appropriate unit.
An employee organization may file a Petition under this Section in the form of a Recognition Petition that conforms
to the requirements of Section 6 of this Resolution in satisfaction of the Decertification Petition requirements
hereunder.
The Employee Relations Officer shall initially determine whether the Decertification Petition or Recognition
Petition, if any, have been filed in compliance with the applicable provisions of this Resolution. If his determination
is in the negative, he shall offer to consult thereof with the representative(s) of such petitioning employees or
employee organization, and if such determination thereafter remains unchanged, shall return such Petition(s) to the
employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees
or employee organization may appeal such determination in accordance with Section 13 of this Resolution.
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If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is
reversed on appeal, he shall give written notice of such Decertification of Recognition Petition to the incumbent
Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen
(15) days after such notice to determine the wishes of unit employees as to the question of decertification, and if an
accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbent Recognized
Employee Organization is voted, the question of representation. Such election shall be conducted in conformance
with Section 9 of this Resolution.
The cost of any election proceeding under the provisions of this Section shall be borne entirely by the employee
organization(s) challenging the incumbent recognized employee organization.
An employee organization which displaces another employee organization as a formally recognized employee
organization following an election conducted pursuant to this Section shall assume any existing Memorandum of
Understanding then in effect as a condition of recognition and said Memorandum of Understanding shall remain in
full force and effect for the balance of the term thereof.
Section 11: Policy and Standards for Determination of Appropriate Units
The basic policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on 1)
the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees
to effectively and economically serve the public and 2) providing employees with effective representation based on
recognized community of interest considerations. These policy objectives require that the appropriate unit shall be
the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered
shall be:
Similarity of the general kinds of work performed, types of qualifications required, and the general working
conditions.
History of representation in the City and similar employment; except however, that no unit shall be deemed to be an
appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
The effect of the proposed unit on efficient operations of the City and the compatibility of the unit with the
responsibility of the City and its employees to serve the public.
The effect on the administration of employer-employee relations created by the fragmentation of classifications and
proliferation of units.
Effect on the classification structure and impact on the stability of the employee relationship of dividing a single or
related classification among two or more units.
Notwithstanding the foregoing, management employees shall only be included in a unit consisting solely of
management employees and confidential employees shall be included in a unit consisting solely of confidential
employees.
When the City establishes new classifications or positions, or modifies the job content of an existing classification or
position, the Employee Relations Officer shall, after notice to and consultation with all affected employee
organizations, determine which, if any, representation unit shall include such new or modified classification(s) or
position(s).
Section 12: Procedure for Modification of Established Appropriate Units
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Requests by employee organizations for modifications of established appropriate units may be considered by the
Employee Relations Officer only during the period specified in Section 10 of this Resolution. Such requests shall be
submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 6 of this
Resolution, shall contain a complete statement of all relevant facts and citations in support of the proposed modified
unit in terms of the policies and standards set forth in Section 11 hereof. The Employee Relations Officer shall
process such petitions as other Recognition petitions under this Resolution.
The Employee Relations Officer may on his motion propose, during the period specified in Section 10 of this
Resolution, that an established unit be modified. The Employee Relations Officer shall give written notice of the
proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed
modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee
Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 11 of
this Resolution, and shall give written notice of such determination to the affected employee organizations. The
Employee Relations Officer=s determination may be appealed as provided in Section 13 of this Resolution. If a unit
is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may
thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new
appropriate unit or units pursuant to Section 6 hereof.
Section 13. Appeals
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under
this Resolution may, within ten (10) days of notice thereof, appeal such determination to the City Council for final
decision.
An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition
Petition (Section 6); Challenging Petition (Section 8) or Decertification Petition (Section 10) or employees
aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 10) has not
been filed in compliance with the applicable provisions of this Resolution, may, within fifteen (15) days of notice of
such determination, appeal the determination to the City Council for final decision.
Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee
Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of
the appeal, and shall render a final and binding decision regarding the resolution of the disputed issue(s) raised by
the appeal after each party involved has been given an opportunity, during a public meeting, to present written and
oral arguments in support of their respective positions and, if the City Council so desires, after any future
investigation or review of the matter as it may deem appropriate. The City Council, may, in its discretion, refer the
dispute to a third party hearing process for the purpose of seeking an advisory determination prior to making its final
decision regarding the resolution of the dispute.
Section 14: Submission of Current Information by Recognize d Employee Organizations
All changes in the information filed with the City by a Recognized Employee Organization under Items 1 through
13 of its Recognition Petition under Section 6 of this Resolution shall be submitted in writing to the Employee
Relations Officer within fifteen (15) days of such change.
Section 15: Payroll Deductions on Behalf of Employee Organizations
Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such
Recognized Employee Organization may be provided payroll deductions of membership dues and insurance
premiums for plans sponsored by such organization upon the written authorization of employees in the unit
represented by Recognized Employee Organization on forms provided therefore by the City. The providing of such
service to the Recognized Employee Organization by the City shall be contingent upon and in accordance with the
provisions of Memorandum of Understanding and/or applicable administrative procedures.
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Section 16: Employee Organization Activities - Use of City Resources
Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee
organizations and those representing them shall be authorized only to the extent provided for in Memorandum of
Understanding and/or administrative procedures; shall be limited to activities pertaining directly to the employer-
employee relationship and not such internal employee organization business as soliciting membership, campaigning
for office, and organization meetings and elections; and shall not interfere with the efficiency, safety and security of
City operations.
Section 17: Administrative Rules and Procedures
The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to
implement and administer the provisions of this Resolution after consultation with affected employee organizations.
Section 18: Initiation of Impasse Procedures
If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the
impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement
of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee
Relations Officer. The purpose of such impasse meeting shall be:
To identify and specify in writing the issue or issues that remain in dispute;
To review the position of the parties in a final effort to resolve such disputed issue or issues; and
If the dispute is not resolved, to discuss arrangement for the utilization of the impasse procedures provided herein.
Section 19: Impasse Procedures
Impasse procedures are as follows:
If the parties so agree, the issue or issues at impasse shall be submitted directly to the City Council for
determination.
If they do not agree within seven (7) days following the conclusion of the impasse meeting set forth in Section 18
above, either party may submit the impasse to mediation.
All mediation proceeding shall be private and the mediator shall make no public recommendation, nor take any
public position at any time concerning the issues.
If the parties are unable to agree on a mediator after a reasonable period of time, they shall select the mediator from
a list of three names to be provided by the State Conciliation Service, or if that agency for any reason shall fail to
provide such list, by the American Arbitration Association.
Upon receipt of such list, the parties shall alternately strike names from the list until a single name remains who
shall become the mediator. The priority of striking names shall alternate from one party to the other each time
impasse procedures are invoked by the same parties. The employee organization or the City shall commence this
process in an order determined by lot striking the first name from such list of names in any initial mediation.
The cost of the mediator, if any, shall be shared equally by both parties.
If the parties have failed to resolve all their disputes through mediation within fifteen (15) days after the mediator
commenced meetings with the parties, the parties may agree to submit the issues in dispute directly to the City
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Council. In that event, the City Council shall finally determine the issues after conducting a public hearing thereon
and after such further investigation of the relevant facts as it may deem appropriate.
If the parties have exhausted the mediation process, the matter shall be submitted to the City Council for resolution.
Section 20: Construction
This Resolution shall be administered and construed as follows:
Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any
authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or
State law or City Charter provisions.
Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923
applicable to City employees or employee organizations, or of giving employees or employee organizations the right
to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial
stoppage or slowdown of work or any other interference with the conduct of the City's operations.
Nothing contained in this Resolution shall abrogate any written Memorandum of Understanding between any
employee organization and the City in effect on the effective date of this Resolution. All such agreements shall
continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of
the parties thereto.
Whenever written notice is required by this Resolution, such notice shall deem to have been received on the day
immediately following the day on which it was mailed (excluding Saturdays, Sundays, and holidays on which the
offices of the City are closed) provided the same was sent by first class or certified mail, postage prepaid to the City
at 20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its last address furnished
to the City.
Section 21: Severability
In any section, subsection, sentence, clause or phrase of this Resolution, or the application of such portion to any
person or circumstance, shall be held invalid by a decision of any court of competent jurisdiction, the remainder of
this Resolution, or the application of such portion to persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution
and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or more sections,
subsections, sentences, clauses or phrases be declared invalid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that this Resolution shall
be operative from and after May 18, 1981. ADOPTED this 181h day of May, 1981, by the following vote:
AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat
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EXHIBIT "D"
9/80 HARDSHIP CLAIM
Name-
Division/Section-
Position-
Work Telephone Number:
Supervisor Name and Telephone:
Work Hours:
Proposed Work Hours:
HARDSHIP CLAIMED:
OPTIONS EXPLORED BY EMPLOYEE TO RESOLVE PERSONAL HARDSHIP:
EMPLOYEE'S PROPOSED SOLUTION:
SUPERVISOR'S NEEDS AND CONCERNS:
COMMITTEE'S RECOMMENDATION TO DEPARTMENT HEAD:
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